Words used in the present tense include the future; words in the singular number include the plural and the plural the singular; words not included herein but defined in the building code shall be construed as though defined herein.
For the purpose of this title, certain words and terms are defined as follows:
AGRICULTURE: The science, art or occupation concerned with cultivating land, raising crops, and feeding, breeding and raising domestic livestock and fowl; also farming and the production of crops, livestock or poultry, but excluding concentrated animal operations.
ALLEY: A public thoroughfare twenty six feet (26') or less in width.
APARTMENT COURT: Any building or group of buildings, which contain dwelling units. See definition of Dwelling, Group.
APARTMENT HOTEL: Any buildings, which contain dwelling units, and also satisfies the definition of a "hotel", as defined in this section.
APARTMENT HOUSE: See definition of Dwelling, Multiple-Family.
APARTMENT MOTEL: Any building or group of buildings, which contain dwelling units, and also satisfies the definition of a "motel", as defined in this section.
BASEMENT: A story partly underground. A basement shall be counted as a story for purposes of height measurement if its height is one-half (1/2) or more above grade.
BOARDING HOUSE: A building with not more than five (5) guestrooms where, for compensation, meals are provided for at least five (5) but not more than fifteen (15) persons.
BUILDING: Any structure having a roof supported by columns or walls, for the housing or enclosure of persons, animals or chattels.
BUILDING, ACCESSORY: A detached subordinate building clearly incidental to and located upon the same lot occupied by the main building.
BUILDING, HEIGHT OF: The vertical distance from the grade to the highest point of the coping of a flat roof or to the deck line of a mansard roof, or to the mean height level between the ridge and eaves of a gable, hip or gambrel roof.
BUILDING, MAIN: The principal building or one of the principal buildings upon a lot, or the building or one of the principal buildings housing the principal use upon a lot.
BUILDING, PUBLIC: A building owned and operated or owned and intended to be operated by a public agency of the United States Of America, of the state of Utah, or any of its subdivisions.
CARPORT: A private garage not completely enclosed by walls or doors. For the purposes of this title, a carport shall be subject to all the regulations prescribed for a private garage.
CHILD NURSERY: An establishment for the care and/or instruction, whether or not for compensation, of six (6) or more children other than members of the family residing on the premises.
CLUB, PRIVATE: An organization, group or association supported by the members thereof, the sole purpose of which is to render a service customarily rendered for members and their guests, but shall not include any service, the chief activity of which is customarily carried on as a business, and does not include labor union organizations or similar labor or business organizations.
COMMERCIAL KENNEL; PROHIBITED: A kennel established for the purpose of boarding, breeding, and harboring of seven (7) or more animals for financial gain.
CONDITIONAL USE: The use of land for which a conditional use permit is required pursuant to chapter 11 of this title.
COURT: An open, unoccupied space, other than a yard, on the same lot with a building, or group of buildings, which is bounded on two (2) or more sides by such building or buildings. The width of a court is its least horizontal dimension, measured between opposite sides in the same general direction as the yard or lot line on which the court opens. The length of a court is its least horizontal dimension measured at right angles to its width.
DAIRY: A commercial establishment for production, manufacture or processing of dairy products.
DISTRICT: A portion of the area of Clarkston, Utah, shown on a map attached to the zoning ordinance codified herein and given a district name.
DORMITORIES: Any building arranged or designed for two (2) or more dwelling units and with three (3) or more sleeping rooms per unit.
DWELLING: Any building, or portion thereof, which is designed for use for residential purposes and shall not be less than twenty four feet (24') wide and not less than thirty five feet (35') long, and shall not be less than one thousand two hundred fifty (1,250) square feet, excluding garage or carport. All dwellings shall be required to have a permanent foundation that meets the current building code. "Dwelling" shall not include hotels, apartment hotels, boarding houses, lodging houses, motels, apartment motels, fraternities, sororities, trailers, mobile homes or dormitories.
DWELLING, FOUR-FAMILY: A building arranged or designed to be occupied by four (4) families, the structure having only four (4) dwelling units.
DWELLING, GROUP: Two (2) or more dwelling structures occupying the same lot and having yards and open spaces in common.
DWELLING, MULTIPLE-FAMILY: A building arranged or designed to be occupied by more than four (4) families.
DWELLING, SINGLE-FAMILY: A building arranged or designed to be occupied by one family, the structure having only one dwelling unit.
DWELLING, THREE-FAMILY: A building arranged or designed to be occupied by three (3) families, the structure having only three (3) dwelling units.
DWELLING, TWO-FAMILY: A building arranged or designed to be occupied by two (2) families, the structure having only two (2) dwelling units.
DWELLING UNIT: One or more rooms in a dwelling, apartment hotel or apartment motel, designed for or occupied by one family for living or sleeping purposes and having kitchen facilities for the use of not more than one family (other than hot plates or other portable cooking units).
FAMILY: One or more persons related by blood, marriage or adoption, occupying a dwelling unit and living as a single housekeeping unit, as distinguished from renters, roomers or as a group occupying a "boarding house", or "hotel", as herein defined.
FAMILY FOOD PRODUCTION OR RECREATIONAL ANIMALS: The keeping of not more than four (4) large animals (horses, cattle, llamas) and their offspring of less than six (6) months, or not more than five (5) small animals (sheep, goats) and their offspring of less than six (6) months, or not more than one hundred (100) domestic fowl for each lot of one-half (1/2) acre or five-eighths (5/8) acre. A proportionate increase is allowed based upon a ratio of that property to one and one-fourth (11/4) acres. All animals are to be maintained in a husbandlike manner.
FRONTAGE: All property fronting on one side of the street between intersecting or intercepting streets, or between a street and a right of way, waterway, end of dead end street, or political subdivision boundary, measured along the street line. An intercepting street shall determine only the boundary of the frontage on the side of the street which it intercepts.
GARAGE, PRIVATE: An accessory building designed or used for the storage of automobiles owned and used by the occupants of the building to which it is accessory; provided, that on a lot occupied by a multiple dwelling, the private garage may be designed and used for the storage of two (2) times as many automobiles as there are dwelling units in the multiple dwelling. A garage shall be considered part of a dwelling if the garage and dwelling have a roof or wall in common.
GARAGE, PUBLIC: A building, or portion thereof, other than a private garage, designed or used for servicing, repairing, equipping, hiring, selling or storing motor driven vehicles.
GRADE:
A. For buildings adjoining one street only, the elevation of the sidewalk at the center of that wall adjoining the street.
B. For buildings adjoining more than one street, the average of the elevations of the sidewalks at the centers of all walls adjoining the streets.
C. For buildings having no wall adjoining the street, the average level of the ground (finished surface) adjacent to the exterior walls of the building. All walls approximately parallel to and not more than five feet (5') from a street line are to be considered as adjoining a street.
HOME OCCUPATION: An occupation performed wholly within a residence, or the yard and accessory buildings, being a part of such residence. Home occupations shall not change the character of the residence or the residential neighborhood. A business license is required for a home occupation. The license shall be issued for a one year period and is renewable. The town council may review a license in reaction to neighbors complaints and may revoke it if evidence warrants this action. Home occupation standards are as follows:
A. The exterior of the home will not be modified in any way to accommodate the home occupation (i.e., loading ramps, loading doors, etc.).
B. The occupation will be conducted entirely within the house, yard and existing outbuildings.
C. The home occupation license covers only residents of the home.
D. No outside storage of goods or materials is permitted.
E. Pedestrian and vehicular traffic will not be in excess of that normally associated with a residential neighborhood.
F. One sign will be permitted on the property. The sign must be approved by the town council. The town council may review the sign in reaction to neighbors complaints and require its removal or modification if evidence warrants this action.
G. The home occupation must be operated in full conformity with fire, health, building, electrical and plumbing codes, and all state and town laws and ordinances.
H. No noise, odor, light, vibrations or dust, in excess of that normally associated with a residential neighborhood, shall pass beyond the premises.
I. State licenses will be required for "professional childcare".
J. "Home occupation" shall include the care of not more than five (5) children other than members of the family residing in the dwelling. A home occupation in a multiple-dwelling unit (2 or more units) will be considered as one of the units in determining the allowable number of units.
HOTEL: A building designed or occupied as the more or less temporary abiding place of fifteen (15) or more individuals who are, for compensation, lodged, with or without meals, and in which no provision is made for cooking in any individual room or suite.
HOUSEHOLD PETS: Animals or fowl ordinarily permitted in the house and kept for company or pleasure, such as dogs and canaries, but not including a sufficient number of dogs to constitute a "kennel", as defined in this section.
JUNK: Old or scrap copper, brass, rope, rags, batteries, paper, trash, wood, rubber, debris, waste or junked, dismantled or wrecked automobiles or parts thereof, iron, steel, and other old or scrap ferrous or nonferrous material.
JUNKYARD: Any place, establishment or business maintained, used or operated for storing, keeping, buying or selling junk, or for the maintenance or operation of an automobile graveyard, and the term includes garbage and sanitary fills.
LIVESTOCK FEED YARD: A commercial operation on a parcel of land where livestock are kept in corrals or yards for extended periods of time at a density which permits little movement, and where all feed is provided for the purpose of fattening or maintaining the condition of livestock prior to their shipment to a stockyard for sale, etc.
LODGING HOUSE: A building where lodging only is provided for compensation to five (5) or more persons.
LOT: A parcel of land occupied or to be occupied by a main building, or group of buildings (main and accessory), together with such yards, open spaces, lot width and lot area, as are required by this title, and having frontage upon a street. Except for group dwellings, not more than one dwelling structure shall occupy any one lot.
LOT, CORNER: A lot abutting on two (2) intersections or intercepting streets where the interior angle or intersection or interception does not exceed one hundred thirty five degrees (135o).
LOT, INTERIOR: A lot other than a corner lot.
MOTEL: A group of attached or detached buildings containing individual sleeping rooms designed for or used temporarily by automobile tourists or transients with garage attached or parking space conveniently located to each unit.
NATURAL WATERWAYS: Those areas, varying in width, along streams, creeks, springs, gullies or washes which are natural drainage channels as determined by the building inspector or state engineer's office, in which areas no buildings shall be constructed.
NONCOMMERCIAL KENNEL; PERMITTED: Any person owning, keeping, harboring, or maintaining four (4) or more dogs over the age of six (6) months old, shall be considered to be operating a noncommercial dog kennel. The maximum number of dogs allowed per household is six (6).
NONCONFORMING BUILDING OR STRUCTURE: A building or structure, or portion thereof, lawfully existing at the time the ordinance codified herein, or amendment to it, became effective, which does not conform to all the height, area and yard regulations herein prescribed in the zone in which it is located.
NONCONFORMING USE: A use, which lawfully occupied a building or land at the time the ordinance codified herein, or an amendment to it, became effective and which does not conform to the use regulations of the zone in which it is located.
NURSING HOME: An institution providing residence and care for the aged.
PARKING LOT: An open area, other than a street, used for the temporary parking of more than four (4) automobiles and available for public use, whether free, for compensation, or as an accommodation for clients or customers.
PARKING SPACE: Space within a building, lot or parking lot for the parking or storage of one automobile.
RESTRICTED LOT:
A. A parcel of land severed or placed in separate ownership after January 7, 2002, and which does not meet all the area, width, yard, frontage and other requirements of this title for a lot; or
B. A parcel of land which does meet all the requirements of this title for a lot but the creation of which has caused any adjacent or contiguous lot from which it was severed to be insufficient in area, width, setback, yard, frontage or other requirements of this title.
ROOMER: One who occupies a hired room in another's house.
SIGN: Any device used for visual communication to the general public and displayed out of doors, including signs painted on exterior walls and interior illuminated signs to be viewed from out of doors, but not including any flag, badge or ensign of any governmental agency.
SIGN, ADVERTISING: A sign, which directs attention to a use, product, commodity or service not related to the premises.
SIGN, BUSINESS: A sign, which directs attention to a use conducted, product or commodity sold, or service performed upon the premises.
SIGN, IDENTIFICATION: A sign displayed to indicate the name or nature of buildings or uses other than commercial or industrial uses located upon the premises.
SIGN, NAMEPLATE: A sign indicating the name and/or occupation of a person or persons residing on the premises or legally occupying the premises, or indicating a home occupation legally existing on the premises.
SIGN, PROPERTY: A sign related to the property on which it is located and: a) offering such property for sale or lease, or b) advertising contemplated improvements, or c) announcing the name of the builder, owner, designer or developer of the project, or d) warning against trespassing.
SIGN, PUBLIC INFORMATION: A sign erected by a public or nonprofit agency, service club, etc., giving information to direct the public to both public and private facilities and major uses.
SIGN, TEMPORARY: Temporary signs shall include any sign, banner, pennant or advertising display constructed of cloth, canvas, light fabric, cardboard, wallboard, or other light materials, with or without frames, intended to be displayed for a short period of time only.
STABLE, PRIVATE: A detached accessory building for the keeping of horses owned by the occupants of the premises and not kept for remuneration, hire or sale.
STABLE, PUBLIC: A stable other than a private stable.
STORY: The space within a building included between the surface of any floor and the surface of the ceiling next above.
STORY, HALF: A story with at least two (2) of its opposite sides situated in a sloping roof, the floor area of which does not exceed two-thirds (2/3) of the floor immediately below it.
STREET: A public thoroughfare, which affords the principal means of access to abutting property and is more than twenty six feet (26') wide within a minimum sixty foot (60') right of way.
STRUCTURAL ALTERATION: Any change in supporting members of a building, such as bearing walls, columns, beams or girders.
STRUCTURE: Anything constructed or erected, which requires location on the ground or attached to something having location on the ground. Any "structure" shall be considered part of a dwelling or building if the structure and dwelling or building have a roof or wall in common.
TEMPORARY STRUCTURE: A building without any foundation that is intended to be on the parcel no longer than six (6) months and includes a soft-sided or other structure designed to serve as a temporary garage, storage shelter, or greenhouse, but does not include an accessory building or is not intended for single family residential occupancy such as a mobile home or other similar structure, and cannot be connected to permanent utilities. No temporary structure shall be greater than two hundred (200) sq ft. It does require that a zoning clearance permit be obtained from the planning commission before it is constructed.
TRAILER CAMP OR MOBILE HOME PARK: Any area or tract of land used or designed to accommodate two (2) or more trailers or camping parties.
TRAILER, MOBILE HOME OR CAMPER: A vehicle, with or without motive power or wheels, designed to be used for human habitation.
USE, ACCESSORY: A subordinate use customarily incidental to and located upon the same lot occupied by a main use.
VETERINARY OR ANIMAL HOSPITAL: A building and runs where both large and small animals are kept and/or treated by a licensed veterinarian.
WIDTH OF LOT: The distance between the side lot lines at the distance back from the front lot line required for the depth of the front yard.
YARD: A space on a lot, other than a court, unoccupied and unobstructed from the ground upward by buildings, except as otherwise provided herein.
YARD, FRONT: A space on the same lot with a building between the front line of the building (exclusive of steps) and the front lot line and extending across the full width of the lot.
YARD, REAR: A space on the same lot with a building between the rear line of the building (exclusive of steps and chimneys) and the rear line of the lot and extending the full width of the lot.
YARD, SIDE: A space on the same lot with a building between the side lines of the building (exclusive of steps or open stairways) and the side lines of the lot and extending from the front yard line to the rear yard line.
ZONE: A portion of the area of Clarkston, Utah, shown on the zoning map attached to the zoning ordinance codified herein, and given a zone name; and may include one or more "districts", as defined and designated by this title.
(Ord. 01-04, 1-7-2002; amd. 2003 Code; per correspondence dated 1-18-2008; Ord. 13-02, 3-19-2013; Ord. 16-11, 11-15-2016; Ord. 17-01, 1-3-2017; Ord. 23-07, 8-19-2023)