19.02.02 Definitions (part 2 of 2)

242. “Performance Bond” means a document: a. meeting the requirements of this Title; b. guaranteeing completion of any improvements required in this Title; c. accompanied by a Bond Agreement; d. in an amount as specified in this Title; e. on forms approved by the City; and f. having the form of an escrow bond with funds on deposit in a reputable, federallyinsured financial institution, a cash bond deposited with the City, or a letter of credit from a reputable, federally-insured financial institution. 243. “Personal Service Establishment” means an establishment which offers specialized goods and services to consumers including barbershops, beauty shops, hair salons, massage facilities, garment repair, pressing, tailoring, shoe repair, and other similar establishments not including dry cleaning. 244. “Personal Training” means a service provided by a qualified professional, known as a personal trainer, who guides and instructs one to two clients at a time in achieving their fitness goals. For three or more clients, see Group Fitness definition. Personal trainers support clients in improving their physical health, strength, endurance, and overall wellbeing. These services may be provided in gyms, fitness centers, clients’ houses, or other suitable locations. 245. “Planned Unit Development (PUD)” means a development under Chapter 19.07 located in a Planned Unit Development Overlay Zone where residential development is guided by a total design plan and where one or more of the land use ordinances or subdivision regulations, other than the land use designation, may be allowed in accordance with applicable standards found in Chapter 19.07 to allow flexibility and creativity in site and building design and location, in accordance with general guidelines as specified in this Code. 246. “Planning Commission” means the City of Saratoga Springs Planning Commission. 247. “Planning Director” means the employee or designee responsible for all municipal planning activities including long-range land use planning, ordinance preparation, administration and enforcement of the land development code, land use interpretation, development review, coordination with the City Planning Commission, and any other responsibilities required by the City relating to planning and development. 248. “Plant and Tree Nursery” a. means a facility used for the growing and the wholesale or retail sale of plants, trees, shrubs, flowers, ground covers, etc.; and b. may also include sales of related products, including fertilizers, mulch, landscape decoration, etc. 249. “Postal Center” means a facility that contains service windows for mailing packages and letters, post office boxes, offices, vehicle storage areas, and sorting and distribution facilities for mail. 250. “Preliminary Plat” means the initial formal plat of a proposed land division or subdivision and containing the information required by this Code. 251. “Preschool” means a non-residential building or structure where educational services are provided for preschool aged children, defined as six years of age and younger, on a regular basis for a fee. 252. “Primary Material” means a building material which is equal to or greater than 50 percent of a building façade. The roof shall not be considered a material. 253. “Printing, Lithography, and Publishing Establishments” means any commercial printing operation involving a process that is considered printing, imprinting, reproducing, or duplicating images and using printing methods including offset printing, lithography, web offset, flexography, and screen process printing. 254. “Private Improvements” means any open space, park space, club house, pool, tot lot, gazebo, picnic area, trails, or any other privately owned and maintained improvement provided in connection with subdivision, Conditional Uses, or site plan approval. 255. “Private Kennel” see “Kennel, private” 256. “Private Road” means a thoroughfare, held in private ownership and controlled by one or more persons, firms or corporations, and used or held for use primarily as a means of access to adjoining properties. 257. “Produce Stand” means a temporary roadside building or structure used for the seasonal retail sales of unprocessed fresh fruits, vegetables, flowers, herbs, plants, and other unprocessed agricultural food products. May also include cottage products produced from these agricultural food products such as honey, jam, and applesauce. 258. “Project Plan” means a map: a. prepared by a licensed Engineer, Surveyor, Landscape Architect, or Architect that illustrates the basic components of a proposed development; and b. submitted with Conditional Use applications in cases where the submittal of a Site Plan is not required. 259. “Property Owner” means the owner in fee simple of real property as shown in the records of the Utah County Recorder’s Office and includes the plural as well as the singular, and may mean either a natural person, firm, association, partnership, trust, private corporation, limited liability company, public or quasi-public corporation, other entities authorized by the State of Utah, or any combination of the foregoing. 260. “Protected Open Space” means open space, meeting the definition used in this Chapter, that is either placed in a conservation easement or listed as unbuildable on the recorded plat. 261. “Protective Ground Cover” means grasses, other living plants, or inorganic materials grown or placed to stabilize soils and protect against erosion and dust, and to minimize runoff onto adjacent properties. 262. “Public Building” see “Building, public” 263. “Public Building or Facilities (City Owned)” includes: a. uses which may be housed in separate buildings or which may occupy a space within a building that are operated by the City of Saratoga Springs to serve public needs; and b. public uses such as police, jail, fire service, ambulance, judicial court, government offices, library, cultural facility, recreation center, senior center, public utility stations, and maintenance facilities. 264. “Public Building or Facilities – County Owned” includes: a. uses which may be housed in separate buildings or which may occupy a space within a building that are operated by a County Subdivision of the State of Utah to serve public needs; and b. public uses such as police, holding facilities, fire service, ambulance, judicial court, government offices, library, cultural facility, recreation center, senior center, public utility stations, and maintenance facilities, but does not include waste treatment, water treatment, scalping operations, and jail or detention facilities. 265. “Public Improvements” mean streets, curbs, gutters, sidewalks, water and sewer lines, storm drains, and other similar facilities which are required to be dedicated to the City in connection with subdivision, Conditional Uses, or Site Plan approval. 266. “Public Landscaping Improvement” has the same meaning as in Utah Code § 10-20807 as amended, which as of May 3, 2023 is defined as landscaping that a developer is required to install to comply with published installation and inspection specifications for public improvements that: (a) will be dedicated to and maintained by the municipality; or (b) are associated with and proximate to trail improvements that connect to planned or existing public infrastructure. 267. “Public and Private Utility Building or Facility” means a building, lot, or structure used or intended to be used by any public or private utility, including any: a. gas treatment plant reservoir, tank, or other storage facility; b. water treatment plant, well, reservoir, tank, or other storage facility; c. electric generating plant, distribution, or transmission substation; d. telephone switching or other communications plant, earth station, or other receiving or transmission facility; e. storm drainage facility including pipes, basins, tanks, or other facilities; f. sewer treatment plant, reservoir, tank, or other storage facility; g. storage yard for public or private utility equipment or vehicles; and h. any parking lot for parking vehicles or automobiles to serve a public or private utility. 268. “Public Right-of-Way” means a road, street, alley, lane, court, place, viaduct, tunnel, culvert, or bridge laid out or erected as such by the public, or dedicated or abandoned to the public, or made such in any action by the subdivision of real property, and includes the entire area within the right-of-way. 269. “Public School” See “School, Public” 270. “Public Street” means a tract of land which is an existing state, county, or municipal roadway, or is shown on a plat duly filed and recorded in the office of the County Recorder, or has been accepted by the City Council as part of a development project, and is for public use for the purpose of providing the following: a. a thoroughfare for public use, designed primarily for vehicular travel; b. the principal means of access to abutting properties; c. installation of public utility service lines or pipes; and d. drainage facilities and other public works and appurtenances for the convenience and welfare of the public generally. 271. “Reception Center” means an establishment with facilities that are rented for either private or public gatherings which may also provide catering or entertainment services. 272. “Recreation Center” a. means an establishment providing a variety of commercial recreation activities that are enclosed within a structure along with outdoor activities including one or more of the following: bowling, roller or ice skating, arcade games, billiards, miniature golf, amusement rides, slides and swimming pools, and related amusements; and b. may include ancillary uses, such as the preparation and serving of food or the sale of equipment related to the enclosed uses. 273. “Recreation Rentals” means an establishment that specializes in the rental of outdoor recreation equipment or similar items and accessories. 274. “Recreational Vehicle Sales” means an establishment that sells motor homes, all-terrain vehicles, snowmobiles, watercraft, and other similar vehicles and accessories. 275. “Recycling Facility” means a location whose primary use is where waste or scrap materials are stored, bought, sold, accumulated, exchanged, packaged, disassembled, or handled, including: scrap metals, paper, rags, tires, bottles, and other such materials. 276. “Refueling Station, Private” means a premise used for the limited-access refueling of vehicles with gasoline, diesel, or natural gas from fixed equipment into the fuel tanks of motor vehicles. Such premises do not include retail sale or public access, and do not include refueling located at a single dwelling unit and used only for the residents or guests of the dwelling. These refueling stations may or may not be automated without an attendant. 277. “Refueling Station, Public” means a retail building or premise used primarily for the sale of gasoline, diesel, or natural gas from fixed equipment to customers for the purposes of refueling customers’ vehicles, which may or may not be automated without an attendant. Such premises may also include the sale of food, drinks, or household products in an area not exceeding 200 square feet. 278. “Rental, Long Term” means a property that is occupied, possessed, or used by any person or entity for transient lodging where the term of occupancy, possession or use of the property by the person of entity is offered for 30 or more consecutive days for direct or indirect compensation or other consideration. 279. “Rental, Short Term” means a property or any portion of a property that is occupied, possessed, or used by any person or entity for transient lodging where the term of occupancy, possession, or use of the property by the person or entity is offered for fewer than 30 consecutive days for direct or indirect compensation or other consideration. 280. “Research and Development” means: a. an establishment which conducts research, development, or controlled production of high technology electronic, industrial, or scientific products or commodities for sale; or b. laboratories conducting educational or medical research or testing. 281. “Residential Density” means the average number of dwellings on one acre of land in a given area. a. Net residential density is determined by dividing the total number of dwellings in a defined area by the total acreage of all parcels of land within the area that are used exclusively for residential and accessory purposes. b. Gross residential density is obtained by dividing all land in a defined area used for residences, streets, sidewalks, park strips, landscaped islands local schools, local parks, and local shopping facilities, into the total number of dwellings in said area. 282. “Residential Facilities for Elderly Persons” means housing that provides a program of independent or assisted services to deal with the activities and instrumental activities of daily living for the elderly. 283. “Residential Facility for Persons with a Disability” means a residence that: a. meets the definition of Utah Code Section 10-20-102; b. treats persons with a “disability” as defined in Utah Code Section 10-20-102; and c. meets the requirements of Section 19.05.09 of this Title. 284. “Restaurant, Takeout” means a shop, store, or business no larger than 2,000 square feet with limited onsite seating and a more than 50 percent of business typically consisting of take-out. 285. “Restaurant” means an establishment that provides, as a principal use, foods and beverages prepared for consumption primarily on premise and may include a take-out or curbside service so long as such is not the principal use of the establishment. 286. “Retail, Big Box” means a retail establishment, with merchandise available on-site for immediate purchase and removal from the premises by the purchaser, that: a. Occupies no less than 50,000 square feet of gross floor area; b. Has stock on-hand on the retail sales floor, additional merchandise may be stored in a stockroom or similar area that does not exceed 30 percent of the building’s footprint. c. requires high parking to building area ratios; d. has a regional sales market; and e. includes, but is not limited to: i. regional retail or wholesale sales; and ii. membership warehouse clubs that emphasize bulk sales, discount stores, department stores, and similar uses. 287. “Retail Sales” means a commercial enterprise that provides goods and/or services directly to the consumer, where such goods are available on-site for immediate purchase and removal from the premises by the purchaser. place of business devoted in whole or in part to the sale, rental, or servicing of goods or Retail sales shall have stock on-hand on the retail sales floor; additional merchandise may be stored in a stockroom or similar area that does not exceed 30 percent of the building’s footprint. Examples of such retail sales may be, but are not limited to, uses such as grocery stores or household goods with limited stockroom supplies where the customer has access to at least 50 percent of the building square footage. 288. “Retail, Specialty” a. means retail operations that specialize in one type or line of merchandise available on-site for immediate purchase and removal from the premises by the purchaser; b. may include apparel stores, jewelry stores, bookstores, shoe stores, stationary stores, antique stores, and similar establishments; and c. retail sales shall have stock on-hand on the retail sales floor; additional merchandise may be stored in a stockroom or similar area that does not exceed 30 percent of the building’s footprint. 289. “Retail, Tobacco Specialty Business” means a commercial establishment as defined in Utah Code § 10-8-41.6, as amended. 290. “Review Cycle” means “review cycle” as defined in Utah Code § 10-20-806 (2024), as amended. 291. “Riding Arena, Commercial” means commercial roping and riding arenas (unlighted), as well as commercial roping and riding arenas (lighted) which may or may not be totally enclosed within a structure. 292. “Riding Arena, Private” means private roping and riding arenas (unlighted), as well as private roping and riding arenas (lighted) which may or may not be totally enclosed within a structure. 293. “Road, Private” See “Private Road.” 294. “Roadside Stand” See Produce Stand. 295. “School, Charter” means: a. A school licensed in accordance with Utah Code Title 53A, Chapter 1a, Part 5, The Utah Charter Schools Act. b. A charter school is considered to be a public school in this Title. c. A charter school shall meet all applicable federal, state, and local laws, including this Title and all City land use ordinances. d. This definition shall not be interpreted to limit, restrict, or alter in any way the requirements of charter schools under Utah Code § 10-20-304 to follow this Title and all City land use ordinances. 296. “School, Private or Quasi-Public” means a school that is operated by a private or quasipublic organization or individual, excluding charter schools and public schools, which includes an academic curriculum recognized as satisfying the requirements of elementary, secondary, or higher education in the State of Utah and is accredited by an accrediting agency recognized by the State of Utah. 297. “School, Public” means an educational facility operated by a public school district as defined in the Utah State Code. 298. “School, Trade or Vocational” means a post high school educational or vocational training facility. 299. “Secondary Water System” means a system which is designed and intended to provide, transport, or store water used for watering of crops, lawns, shrubberies, flowers, and other non-culinary uses. 300. “Sensitive Lands” means land and natural features including canyons and slopes in excess of 30 percent, ridge lines, natural drainage channels, streams or other natural water features, wetlands, flood plains, landslide prone areas, detention or retention areas, debris basins, geologically sensitive areas, and the Jordan River Erosion Hazard Area as identified in Figure 25.4 in Section 19.25.06. 301. “Setback” means the shortest horizontal distance permitted in each zone, as set forth in the City’s zoning districts, between the identified boundary lines of a lot and a building, structure, or part thereof. 302. “Sexually Oriented Business” is defined in 19.23.02. 303. “Shooting Range, Indoor or Outdoor” means an area or structure specially designed for the safe discharge and use of rifles, shotguns, pistols, silhouettes, skeet, trap, black powder, or any similar firearm for the purpose of sport-shooting or military/law enforcement training. May also include archery, and may or may not be open to the general public. 304. “Short Term Rental” (See “Rental, Short Term”) 305. “Simple Boundary Adjustment” means a “Simple Boundary Adjustment” as defined in Utah Code § 10-20-102. 306. “Side Yard”: see “Yard, side” 307. “Sidewalk” means a passageway for pedestrians, excluding motor vehicles. 308. “Single Family Dwelling”: See “Dwelling, Single Family.” 309. “Solar Panel” means a panel designed to absorb the sun’s rays as a source of energy for generating electricity for a structure or other lawful purpose, and may or may not be connected to the power grid. This does not include individual low-voltage items that remain isolated and disconnected from a structure or power grid, such as solar-operated walkway lights or garden lights. 310. “Spa” See “Personal Service Establishment.” 311. “Stable” means a building in which horses are sheltered, which may be accessory to a residential or other use or a freestanding principal use. 312. “Stacking” means an area provided for vehicles waiting to go through a drive-thru lane. 313. “Stealth Design” means a mono-pole or free-standing structure designed to blend and be compatible with nearby structures and natural landscape, which camouflages or conceals the presence of antennas and/or attachable equipment from plain sight. 314. “Storage - Self-storage or Mini-storage Units” a. means a building or group of buildings divided into separate compartments used to meet the temporary storage needs of small businesses, apartment dwellers, and other residential uses; and b. may include refrigerated or climate-controlled facilities, or on-site caretaker residence. 315. “Storage, Outdoor” means a location where a business keeps equipment, supplies, and other business related materials in an outdoor area. Outdoor storage does not include wrecking yards, dumps, and other debris storage. 316. “Storage, Vehicle” means a location where Recreational Vehicles, cars, trucks, and other vehicles are stored in an enclosed structure, or in an outdoor area fully enclosed by a minimum six foot opaque wall or fence. Vehicle Storage does not include sales or rentals. 317. “Streets, Collector, Major, and Minor” see “Collector street (major and minor)” 318. “Street, Local” see “Local Street” 319. “Street, Public” see “Public Street” 320. “Structure” means anything constructed or erected above ground, or attached to something located on the ground, including buildings, radio and wireless telecommunication equipment, sheds, above-ground swimming pools, gazebos, decks (greater than 2’-6” in height above grade), and retaining walls. 321. “Structure, Accessory” see “Accessory Building or Accessory Structure” 322. “Structure Height” see “Building Height” 323. “Subdivider” means a person or entity who: a. having interest in land, causes it, directly or indirectly, to be divided into a subdivision; b. directly or indirectly sells, leases, develops, or advertises for sale, lease or development, any interest, lot, parcel, site, dwelling, unit, or plat in a subdivision; or c. engages directly or through an agent in the business of selling, leasing, developing, or offering for sale the lease or development of a subdivision. 324. “Subdivision” means any land that meets the definition of subdivision in Utah Code § 10-20-102. 325. “Subdivision improvement plans” means “subdivision improvement plans” as defined in Utah Code § 10-20-806 (2024) as amended. 326. “Swimming Pool” means: a manufactured or field-constructed equipment designed to contain water on a permanent or semi-permanent basis and used for swimming, wading, immersion, or therapeutic purposes, that are constructed in the ground or partially in the ground, and/or all others that are capable of holding water with a depth greater than 42 inches (1067 mm), and all pools installed inside a building regardless of water depth. 327. Swimming Pool, Community” refers to a pool that is open to a limited public through membership, such as an HOA or club. 328. “Swimming Pool, Private” means a pool on an individual residential lot intended for primary use by the occupants of that lot. 329. “Swimming Pool, Public” refers to a pool that is open to the general public, with or without a fee. 330. “Tattoo Parlor” means a business establishment that operates tattoo equipment to inject ink or otherwise modify human skin for the purposes of decoration, which may include body piercing; however, establishments that engage in ear piercing and no other activities in this definition shall not be considered tattoo parlors. 331. “Tavern” means an establishment licensed as a “Tavern” or a “Bar establishment” under Chapter 5.03. These establishments either offer no food or provide a limited menu offering. No one under the age of 21 may be employed by or be on the premises of any tavern. 332. “Temporary Church Office Trailer” means a mobile trailer, portable, or prefabricated or manufactured building used as an accessory building for Church use. 333. “Temporary Sales Trailers” means trailers for use by home builders or developers for the purpose of sales within subdivision projects, which are subject to the regulations in Chapter 19.05. 334. “Temporary Use” means a use that is associated with a holiday or special event for a limited duration of time, including Outdoor Seasonal Sales. 335. “Temporary Use Trailer, Portable, Prefabricated or Manufactured Building” means a mobile trailer, portable, or prefabricated or manufactured building used to conduct all or some of a business before or after issuance of a certificate of occupancy for the permanent primary building all of which are prohibited anywhere in the City unless specifically listed as a permitted use in the table in Chapter 19.04 and the requirements of 19.05.10 are met. 336. “Theater” means a building used primarily for the presentation of movies projected upon a screen or the presentation of live stage productions or performances, which may include ancillary uses such as arcade games and concession areas. 337. “Tobacco Product” means: a. any cigar, cigarette, or electronic cigarette as defined under Utah Code Section 7610-101; b. a tobacco product as defined under Utah Code Section 59-14-102, including chewing tobacco; c. any substitute for a tobacco product, including flavoring or additives to tobacco; and d. tobacco paraphernalia as defined under Utah Code Section 76-10-101. 338. “Trail” means a dedicated path, improved or unimproved, for the passage of pedestrians, non-motorized vehicles, or equestrian related uses. 339. “Trampoline Court” means an area of a trampoline park comprising: a. Multiple commercial trampolines; or b. At least one commercial trampoline and at least one associated foam or inflatable bag pit. 340. “Trampoline Park” means a place of business that offers the recreational use of a trampoline court for a fee. 341. “Transit-Oriented Development (TOD)” means a form of development that maximizes transit infrastructure by concentrating the most intense types of development around transit stations and along transit lines. Development in such areas is designed to make transit use as convenient as possible. 342. “Truck and Large Equipment Repair” means repairs performed for heavy-duty vehicles such as those specially designed for executing construction tasks or equipment such as heavy machinery. 343. “Unified Waterfront Theme” a theme to be applied to all buildings within the same Mixed Waterfront development that incorporates the nearby waterfront. The theme shall follow all requirements of the City’s Mixed Waterfront Design Standards. 344. “Utah Lake Compromise Line” means the line created by Utah Lake at full capacity with an elevation measuring 4,489 feet above sea level as identified by the Utah Lake Boundary Commission. 345. “Utilities” includes culinary and secondary water lines and systems, pressure and gravity irrigation lines and ditches, sanitary sewer lines, storm drain lines, subdrains, electric power, natural gas facilities, cable television, telephone transmission lines, data transmission lines, underground conduits and junction boxes, and other services deemed to be of a public utility nature by the City. 346. “Variance” means a deviation, waiver, or modification from the ordinances, regulations, or standards adopted by the City, which the Hearing Examiner is permitted to grant. 347. “Vehicle, Commercial” means a vehicle that is used for commercial or business activity. 348. “Warehouse” means a building used for the storage, wholesaling, and distribution of manufactured products, supplies, and equipment, excluding bulk storage of materials that are flammable, explosive, or hazardous. 349. “Warehouse/Flex” means a mixture of office or retail uses combined with warehousing or light industrial/manufacturing. 350. “Warranty bond” means a document: a. meeting the requirements of this Title; b. warranting any improvements required in this Title; c. accompanied by a Bond Agreement; d. in an amount as specified in this Title; e. on forms approved by the City; and f. having the form of an escrow bond with funds on deposit in a reputable, federallyinsured financial institution, a cash bond deposited with the City, or a letter of credit from a reputable, federally-insured financial institution. 351. “Water Utility Ordinance” means the City of Saratoga Springs’ adopted water utility ordinance. 352. “Waterways” means those areas, varying in width, along streams, creeks, springs, gullies, or washes which are natural drainage channels as determined by the City Council, as shown on the City master drainage plan, or as designated by FEMA, and in which no structure or building construction or placement is permitted. 353. “Wireless Telecommunication Equipment” means a structure intended for transmitting or receiving television, radio, data, telephone, or other wireless communications. 354. “Yard” means a space on a lot, other than a court, unoccupied and unobstructed from the ground upward except as otherwise provided in this Code as illustrated in Figure 2.2 below. 355. “Yard, Front” means a yard between the front lot line and the front façade of the main building and extending for the full width of the lot as illustrated in Figure 2.2 below. 356. “Yard, Rear” means a yard between the rear lot line and the rear facade of a main building, extending across the full width of interior lots; or, for corner lots, a yard between the rear lot line and the setback line of the building and extending between the interior side lot line and the front yard or street side yard lying opposite thereto as illustrated in Figure 2.2 below. 357. “Yard, Side” a. Interior side yard: means a yard between the interior side lot line and the side facade of a main building, extending from the front yard to the rear yard, and b. Street side yard: means a yard between the street side lot line and the side façade of a main building on a corner lot, extending from the front yard to the rear lot line, as illustrated in Figure 2.2 below. Lot Interior Side Yard Front Yard Rear Yard Interior Side Yard Interior Side Yard Lot Rear Yard Front Yard Lot Rear Yard Property Lines Interior Side Yard Rear Yard Street Side Yard Interior Side Yard Front Yard Front Yard Figure 2.2 358. “Zoning Map” means a map that contains all of the land use zone designations for all properties located within the City of Saratoga Springs.