9-3-040: DEFINITIONS:

As used in this title, the words and phrases defined in this section shall have the following meanings unless the context clearly indicates a contrary meaning:

ABUT OR ABUTTING:	Contiguous with or sharing a common property line, boundary, border, or protection strip.
ACCESS POINT:	A two-way roadway access into a subdivision or development that provides unrestricted access to residents, the public, and emergency services. This definition does not prohibit a gated community entrance that is designed to service residents, guests, and the general public.
ACCESSORY BUILDING:	See definition of building, accessory.
ACCESSORY DWELLING UNIT (ADU):	A habitable living unit added to, created within, or detached from a primary dwelling and contained on one lot.
ACCESSORY DWELLING UNIT, DETACHED (D-ADU):	An accessory dwelling unit, detached from a primary dwelling.
ACCESSORY DWELLING UNIT, INTERNAL (I-ADU):	An accessory dwelling unit created: A.   Within a primary dwelling; B.   Within the footprint of the primary dwelling at the time the internal accessory dwelling unit is created; and C.   For the purpose of offering a long-term rental of thirty (30) consecutive days or longer.
ACCESSORY USE:	See definition of use, accessory.
ADJACENT LANDOWNERS:	A property owner of record, according to the records of the County Recorder, whose property abuts all or part of property proposed for development.
ADVERSELY AFFECTED PARTY:	A person other than a land use applicant who: A.   Owns real property adjoining the property that is the subject of a land use application or land use decision, or B.   Will suffer a damage different in kind than, or an injury distinct from, that of the general community as a result of the land use decision.
AFFECTED ENTITY:	A county, municipality, independent special district, local district, school district, interlocal cooperation entity, specified public utility, and the Utah Department of Transportation, as defined in Utah Code section 10-9a-103, as amended.
AGRICULTURAL BUSINESS:	The conduct of agricultural activity involving the keeping, grazing and pasturing of domestic animals for commercial gain. Typical uses include the raising of animals for food or for the production of food in excess of that required for a household and the boarding or stabling of animals other than those owned and used by household members.
AGRICULTURAL INDUSTRY:	An industry or business involving agricultural products in packaging, treatment, sales, intensive feeding, or storage. Typical uses include animal feed yards, fur farms, commercial milk production, food packaging or processing plants, and commercial poultry or egg production.
AGRICULTURAL PROCESSING:	Initial processing of agricultural products that is reasonably required to take place in close proximity to the site where they are produced. Typical uses include sawmills and packinghouses. Slaughterhouses are specifically excluded from this definition.
AGRICULTURAL SALES AND SERVICE:	An establishment primarily engaged in the sale or rental of farm tools and implements, feed and grain, tack, animal care products, anhydrous ammonia, farm supplies and the like, and including accessory food sales and machinery repair services. This definition shall also include greenhouses which are used for wholesale and/or retail purposes.
AGRICULTURE:	The tilling of soil, raising of crops, horticulture and gardening, but not including any agricultural business or industry.
ALLEY:	A public thoroughfare less than twenty six feet (26') wide for the use of pedestrians and vehicles providing a secondary means of access to the rear of abutting properties.
ALZHEIMER'S FACILITY:	A nursing care facility or assisted living facility whose primary purpose is to provide living accommodations and services to residents who have been diagnosed with Alzheimer's disease or similar types of dementia.
ANIMAL BREEDER:	An establishment that breeds dogs, cats, and other household pets for sale from the premises on which they were bred and reared. Animal breeders shall comply with all regulations within title 7, chapter 5 of this Code.
ANIMAL SPECIALTIES:	The commercial production of small animals and associated products. Typical uses include chicken and turkey raising, egg production, and aviaries.
ANIMAL UNIT:	A method of accounting for the relative impact of domestic animals and fowl over the age of six (6) months listed below. The offspring (under 6 months of age) of any of the animals noted below shall not be counted as part of the animals allowed per animal unit. Animals not listed below in the chart are not permitted within Draper City.

 

Animal Type	Animals Allowed Per Animal Unit
Alpacas	5
Buffalo	1
Cattalo	1
Cow	2
Donkey	1
Elk	1
Emus	4
Fallow deer	1
Fowl (excluding chickens)	5
Goats	5
Llamas	2
Mule	1
Ostriches	4
Rabbits or chinchillas	25
Sheep	5
Swine (including pot-bellied pigs)	2
Zebra	1
Note: Horses, chickens and bees are regulated by separate ordinances and have different allowances.

 

ANIMALS AND FOWL FOR RECREATION AND FAMILY FOOD PRODUCTION:	The keeping of animals on a lot for exclusive use by persons residing thereon so long as the number of animal units maintained for food production at any one time does not exceed that required to supply household needs for a one year period.
ANTENNA: A transmitting or receiving device used in telecommunications that radiates or captures electromagnetic signals.
ANTENNA, FLUSH MOUNTED: One or more antennas mounted on a wall surface or a structure mounted on a wall surface where the entire antenna and structure do not extend more than one foot (1') horizontally from the wall surface.
ANTENNA, HIDDEN: An antenna mounted within an existing structure so as to not be visible from outside the structure.
ANTENNA, MONOPOLE: See definition of monopole.
ANTENNA, NONFLUSH MOUNTED: One or more antennas mounted on a wall surface or a structure mounted on a wall surface where the entire antenna and structure extend more than one foot (1') but not more than six feet (6'), horizontally from the wall surface.
ANTENNA, ROOF MOUNTED: One or more antennas mounted on a roof, mechanical room, or penthouse of a building.
ANTENNA, STEALTH DESIGN: An antenna and/or antenna mounting system designed to be virtually unseen as the result of color schemes, screening, or disguising.
ANTENNA, WALL MOUNTED: One or more flush mounted or nonflush mounted antennas attached to the vertical wall of a building.
ANTENNA, WHIP: A directional or omnidirectional antenna that is cylindrical in shape and which may vary in size depending upon the frequency and gain for which it is designed.
APIARY: The assembly of one or more colonies of bees at a single location.
ASSEMBLY AND REPAIR, LIMITED:	A business where products are processed, fabricated, assembled, repaired, or packaged within the home. Typical uses may include computer assembly or repair, small appliance repair, packaging, wholesale, or fabrication of items. Assembly, fabrication, and repair is intended to be small-scale in nature where items are produced one at a time in small quantities or on a made-to-order basis, and does not include mass production of goods. Products brought to or from the home shall be small enough to be carried by one individual. Auto and small engine repair is not allowed. The business shall not create noise, odor, vibration, or other impacts discernible outside of the home. Anything that uses a material, a mixture of materials, or a quantity of materials that could be classified by the fire marshal or building official as dangerous or hazardous will not be allowed.
ASSISTED LIVING FACILITY:	A.   A residential facility, licensed by the State of Utah, with a homelike setting that provides an array of coordinated supportive personal and healthcare services, available twenty four (24) hours per day, to residents who have been assessed under Utah Department of Health or the Utah Department of Human Services rules to need any of these services and who have a service plan based on the assessment, which may include:
	1.   Specified services of intermittent nursing care;
	2.   Administration of medication; and
	3.   Support services promoting resident's independence and self-sufficiency.
	B.   An assisted living facility does not include a residential facility for persons with a disability or an adult daycare provided in conjunction with a residential facility for elderly persons or a residential facility for persons with a disability.
AUDITORIUM, MINOR:	An open, partially enclosed or fully enclosed facility with one thousand five hundred (1,500) seats or less, used or intended to be used primarily for spectator sports, entertainment events, expositions and other public gatherings.
AUDITORIUM OR STADIUM, MAJOR:	An open, partially enclosed or fully enclosed facility with more than one thousand five hundred (1,500) seats, used or intended to be used primarily for spectator sports, entertainment events, expositions and other public gatherings. Typical uses include convention and exhibition halls, sports arenas and amphitheaters.
AUTO, TRUCK, RV AND EQUIPMENT STORAGE:	Temporary outside storage of both new and used motor vehicles and equipment awaiting distribution. Such storage may include an impound lot, but is not to include nonserviceable or dilapidated vehicles or equipment.
AUTOMOBILE WRECKING YARD:	Any lot, land or area used for the storage, keeping, dismantling or salvaging of two (2) or more unlicensed automobiles or parts thereof.

 

BAIL BOND SERVICE:	An establishment which provides sureties to procure the release of persons under arrest by becoming financially responsible for their appearance at the time and place designated.
BANK OR FINANCIAL INSTITUTION:	An organization involved in deposit banking, finance, investment, mortgages, trusts, and the like. Typical uses include commercial banks, credit unions, finance companies, and savings institutions.
BAR ESTABLISHMENT:	A license issued to an equity organization, fraternal organization, or a bar which allows for the storage, sale, service and consumption of on-premises alcoholic beverages where a variety of on-premises prepared food must be available for the customer the entire time the bar is open; but, there is no required percentage of food sales.
BASEMENT:	A story located one-half (½) or more below the finished elevation of the ground.
BASIC INDUSTRY:	An establishment engaged in basic processing and manufacturing of materials or products predominantly from extracted or raw materials; or a use engaged in manufacturing processes utilizing flammable or explosive materials; or manufacturing processes which potentially involve hazardous or commonly recognized offensive conditions. Typical uses include chemical manufacturing and warehousing, dry ice manufacturing, fat rendering plants, fertilizer manufacturing, fireworks and explosives manufacturing and warehousing, petroleum refineries, pulp processing and paper products manufacturing, radioactive materials manufacture or use, slaughterhouses, steelworks and tanneries.
BED AND BREAKFAST INN:	A limited commercial activity where paying guests:
	A. Obtain lodging on a day to day basis in a room or rooms without cooking facilities;
	B. May obtain breakfast or other meals; and
	C. May engage in other limited related activities.
BEE:	Any stage of development of the common domestic honeybee, Apis mellifera species.
BEEKEEPER:	A person owning, possessing or controlling one or more colonies of bees.
BERM:	A mound of earth, generally two feet (2') to six feet (6') high, used to shield, screen, and buffer undesirable views and to separate land uses.
BILLBOARD:	See definition of billboard in section 9-26-030 of this title.
BLOCK:	Land surrounded by streets and other rights-of-way, other than an alley, or land which is designated as a block on any recorded subdivision plat.
BOARDING HOUSE:	A building with not more than five (5) guestrooms, where, for compensation, meals are provided for not more than fifteen (15) persons.
BUBBLER:	An irrigation head that delivers water to the root zone by “flooding” the planted area, usually measured in gallons per minute. Bubblers exhibit a trickle, umbrella or short stream pattern.
BUILDABLE AREA:	The area of a lot or parcel defined by minimum setback and yard areas where a main building may be constructed.
BUILDING, ACCESSORY:	A detached subordinate building located on a lot with a main building, the use of which is incidental to the use of the main building.
BUILDING, COMMERCIAL:	Any structure used or intended for supporting or sheltering any commercial use or occupancy.
BUILDING FACADE:	Any exterior wall of a building, including windows, doors, and mansard, but not including a pitched roof.
BUILDING FRONTAGE:	The horizontal, linear dimension of that side of a nonresidential building abutting a street, a parking area, a mall or other circulation area open to the general public and having a main window display of the enterprise or a public entrance to the building.
	A. In Industrial Districts, a building side with an entrance open to employees;
	B. Where more than one use occupies a building, the front width of that portion of a building occupied by a use having a public entrance or main window display for its exclusive use.
BUILDING, HISTORIC:	Any building listed in the National Register of Historic Places, the Utah State Register of Historic Sites, the Draper City Historic Landmarks Register, or otherwise determined by the Planning Commission to have historic or architectural significance.
BUILDING LINE, FRONT:	A line parallel to the front lot line and at a distance therefrom equal to the required depth of the front yard and extending across the entire width of the lot or parcel.
BUILDING LINE, REAR:	A line parallel to the rear lot line and at a distance therefrom equal to the required depth of the rear yard and extending across the entire width of the lot or parcel.
BUILDING LINE, SIDE:	A line parallel to the side lot line and at a distance therefrom equal to the required depth of the side yard and extending between the front and rear building lines.
BUILDING, MAIN:	The principal building or one of the principal buildings located on a lot or parcel designed or used to accommodate the primary use to which the premises is devoted. Where a permissible use involves more than one structure designed or used for the primary purpose, as in the case of apartment groups, each such permitted building on one lot, as defined by this title, shall be deemed a main building.
BUILDING OFFICIAL:	The person designated by the City Manager charged with the principal responsibility for interpreting and applying the provision of title 10 of this Code.
BUILDING OR STRUCTURE HEIGHT:	The height of a building or structure shall be as defined in the current Building Codes adopted by the City. Where the current Building Codes do not apply, height shall be as provided in subsection 9-27-120A of this title.
BUILDING, RESIDENTIAL:	Building shall mean any one- and two- family dwelling or portion thereof, including townhouses, that is used, or designed or intended to be used for human habitation, for living, sleeping, cooking or eating purposes, or any combination thereof, and shall include accessory structures thereto.
BUSINESS DAY:	A day other than Saturday, Sunday, or a legal holiday.
BUS TERMINAL:	A building or premises for the transient housing or parking of commercial motor vehicles and for the pick up and discharge fare paying intercity passengers. Accessory uses may include ticket offices, luggage checking facilities, and similar uses.
BUSINESS EQUIPMENT RENTAL AND SUPPLIES:	An establishment primarily engaged in the sale, rental or repair of equipment and supplies used by office, professional or business service establishments, or individuals. Excludes automotive, construction and farm equipment. Typical uses include office equipment and supply firms, small business machine repair shops and hotel equipment and supply firms.
BUSINESS SERVICE:	An establishment primarily engaged in the display, storage, and sale of goods or services used by office, professional and service establishments.

 

CALIPER:	A trunk diameter measurement consistent with the American Standard for Nursery Stock ANXI Z60.1 standard (as amended). Generally, for trees the measurement is taken six inches (6") above the ground or soil line up to and including four inch (4") caliper size interval. If the caliper measurement when taken at six inches (6") above the ground meets or exceeds four and one-half inches (4-1/2"), the caliper size is instead measured at twelve inches (12") above the ground.
CANNABIS PRODUCTION ESTABLISHMENT:	As defined in Section 4-41a-102 of the Utah Code, as amended.
CAPITAL FACILITIES:	Any or all of the following facilities that have a life expectancy of ten (10) or more years: water rights and water supply, treatment, and distribution facilities; wastewater collection and treatment facilities; stormwater, drainage, and flood control facilities; roadway facilities; parks and recreation facilities, open space and trails; and public safety facilities.
CAPITAL FACILITIES PLAN:	A long range plan of capital projects, with estimated costs and proposed methods of financing.
CAR WASH:	An establishment primarily engaged in cleaning or detailing motor vehicles, including cars, passenger trucks, recreational vehicles, whether self-service, automatic or by hand. This definition applies only to car washes that are the primary use of land. A single bay car wash associated with a gasoline service station is not included in this definition.
CAR WASH, COMMERCIAL VEHICLES:	An establishment primarily engaged in cleaning or detailing over the road, commercial vehicles whether self-service, automatic or by hand.
CARPORT:	A covered automobile parking space with at least two (2) sides open. For the purposes of this title, a "carport" shall be subject to all of the regulations prescribed for a private garage.
CARRIER:	A company or business which provides wireless telecommunication services as set forth in the Telecommunications Act of 1996, as may be amended.
CASHING SERVICES:	An organization involved in the providing of loans or consideration to customers in exchange for personal property, such as property titles or personal checks. Such services shall include check cashing businesses licensed and/or defined by the State pursuant to the Check Cashing Registration Act, car title loan businesses, deferred deposit loan businesses, and businesses of a similar nature offering such services as a primary function. The term financial service shall not include fully automated stand alone services, such as automated teller machines, nor those used and defined herein as "bank or financial institution". No cashing service business shall be located closer than one thousand feet (1,000') from another such business as measured in a straight line from the property line of the property on which the business is located, regardless of intervening structures or zoning districts.
CATTERY:	An establishment having three (3) or more cats of any age for the purpose of boarding, letting for hire, or training for profit.
CEMETERY:	Land used or intended to be used for the burial of the dead, whether human or animal, including crematoriums and mausoleums.
CHARTER SCHOOLS:	A. An operating charter school; B. A charter school applicant that a charter school authorizer approves in accordance with Utah Code Annotated title 53G, chapter 5, part 3, Charter School Authorization; or C. An entity that is working on behalf of a charter school or approved charter applicant to develop or construct a charter school building.
CHURCH OR PLACE OF WORSHIP:	Any structure or site, such as a church, synagogue, chapel, sanctuary or cathedral, used primarily for collective or individual involvement with a religious activity, such as rites, rituals, ceremonies, prayers and discussions, and for church related activities.
CITY:	Draper City, Utah, a municipal corporation.
CITY ENGINEER:	A registered civil engineer so appointed or employed by the City Council.
CLEAR VIEW AREA:	Areas at intersecting streets and driveways where unobstructed vision is maintained as required by this title.
CLINIC:	See definition of medical service.
CLUB OR SERVICE ORGANIZATION:	An establishment or organization providing meeting, recreational or social facilities for a private or nonprofit association, except a private club, as defined herein. Typical uses include lodges, meeting halls, recreation centers, and areas operated by social clubs, fraternal and service organizations.
COLONY:	A hive and its equipment and appurtenances, including one queen, bees, comb, honey, pollen and brood.
COMMERCIAL CENTER:	A commercial planned center comprised of office and/or retail uses where landscaping, parking and other improvements are provided in a comprehensive and integrated fashion.
COMMERCIAL EQUIPMENT:	Equipment of machinery used generally within the manufacturing, construction, or farming industries. Typical equipment includes cranes, forklifts, asphalt pavers, backhoes, bulldozers, and trackers.
COMMERCIAL TRAILER:	A vehicle without motive power used in commerce to transport passengers or property which:
	A.   Is designed to be towed by another vehicle;
	B.   Has a gross weight rating or gross weight of more than ten thousand (10,000) pounds, whichever is greater; and
	C    Is not a recreational vehicle or designed to exclusively carry or transport one or more recreational vehicles.
COMMERCIAL VEHICLE:	A motor vehicle or combination of motor vehicles used in commerce to transport passengers or property if the motor vehicle:
	A.   Has a gross vehicle weight rating or gross vehicle weight of twenty six thousand one (26,001) pounds or more, whichever is greater;
	B.   Is designed to transport sixteen (16) or more passengers, including the driver; or
	C.   Is of any size and is used in the transportation of hazardous materials as defined in 49 USC 5103 and is required to be placarded under subpart F of 49 CFR part 172 or any quantity of a material listed as a select agent or toxin in 42 CFR part 73.
COMMERCIAL VEHICLE AND EQUIPMENT RENTAL OR SALE:	An establishment engaged in the retail sale, wholesale, or rental from the premises of motorized commercial vehicles, trailers, and equipment along with incidental service or maintenance. Typical uses include new or used commercial vehicle and truck sales, moving trailer and truck rental, construction equipment rental yards and farm equipment and machinery sales and rental.
COMMERCIAL VEHICLE AND EQUIPMENT REPAIR:	An establishment providing commercial vehicle, trailer, and equipment repair or maintenance services within a completely enclosed building which have associated storage, overnight or otherwise, of vehicles, equipment, supplies, parts or inventory in an enclosed area outside the building.
CONDITIONAL USE:	See definition of use, conditional.
CONDITIONAL USE PERMIT:	The permission granted by City authorities to use or access properties under special circumstances and with specific requirements and conditions attached.
CONDOMINIUM:	The ownership of a single unit in a multi-unit project, together with an undivided interest in common in the common areas and facilities of the property created pursuant to the Utah Condominium Ownership Act.
CONDOMINIUM DECLARATION:	See definition of Declaration.
CONDOMINIUM PROJECT:	A real estate condominium project; a plan or project whereby two (2) or more units, whether contained in existing or proposed apartments, commercial, or industrial buildings or structures or otherwise, are separately offered or proposed to be offered for sale. "Condominium project" shall also mean the property when the context so requires.
CONGREGATE HOUSING FACILITY:	A housing development of five (5) or more dwelling units which is planned, designed, and managed to include facilities and common space that maximize the residents' potential for independent living. The facility may be occupied by the elderly or persons with a disability. The direct services that are provided or made available may be located on or off site and shall relate to the nutritional, social, recreational, housekeeping and personal needs of the residents, and shall be provided or made available at a level necessary to assist the residents to function independently. "Direct services" means meals, housekeeping services, transportation services, and planned recreational and social activities which shall be provided to the residents directly by the management of the congregate housing. Support services are social services, adult daycare services, and in-home services which the management of the congregate housing shall assist the residents in obtaining at the request of the residents. A congregate housing facility may only be developed as a component of a transitional care development and not as a stand alone development.
CONSTRUCTION:	The materials, architecture, assembly, and installation of a building or structure.
CONSTRUCTION SALES AND SERVICE:	An establishment engaged in the retail or wholesale sale of materials and services used in the construction of buildings or other structures, as well as the outdoor storage of construction equipment or materials on lots other than construction sites. Typical uses include lumberyards, lawn and garden supply stores, construction equipment sales and rental, electrical, plumbing, air conditioning and heating supply stores, swimming pool sales, landscaping and property maintenance contractors' offices and storage yards, construction and trade contractors' offices and storage yards, and public utility corporation storage yards.
CONVENIENCE STORE:	An establishment, not exceeding five thousand (5,000) square feet of gross floor area, serving a limited market area and engaged in the retail sale or rental, from the premises, of food, beverages and other frequently or recurrently needed items for household use, excluding gasoline sales.
CONVERTIBLE LAND:	A building site which is a portion of the common areas and facilities described by metes and bounds, within which additional units or limited common areas and facilities may be created pursuant to the Utah condominium ownership act.
CORRECTIONAL FACILITY:	A facility providing housing and care for individuals legally confined for violations of law.
COTTAGE BUSINESS:	A business where products are created in the home. The products are unique in nature, such as handicraft, art, and jewelry. Limited food production can also be considered. Anything that uses a material, a mixture of materials or a quantity of materials that could be classified by the fire marshal or building official as dangerous or hazardous will not be allowed.
CROSS ACCESS:	A means of access providing internal circulation between one (1) or more properties, usually by means of a recorded perpetual easement.
CULTURAL SERVICE:	A library, museum or similar public or registered nonprofit organizational use displaying, preserving, and exhibiting objects of community and cultural interest in one or more of the arts and sciences.

 

DAYCARE:	An establishment that provides care, protection and supervision for individuals on a regular basis away from their primary residences for less than twenty four (24) hours per day. The term does not include: A. Kindergartens or nursery schools or other daytime programs operated by public or private elementary or secondary schools or institutions of higher learning; B. Facilities operated in connection with a shopping center or other principal activity, where children are cared for temporarily while parents or custodians of the children are occupied on the premises or are in the immediate vicinity and readily available; or C. Special activities or programs, including athletics, crafts instruction and similar activities, conducted on a periodic basis by civic, charitable, private, or governmental organizations.
DAYCARE, GENERAL:	A daycare establishment that provides care, protection and supervision for children, other than daycare, limited.
DAYCARE, LIMITED:	A daycare establishment provided as a home occupation that provides care, protection, and supervision for up to six (6) children per day during customary daytime hours.
DECIBEL (dB):	A unit of measure used to express intensity of noise.
DECLARATION:	The legal instrument by which property is subjected to the provisions of the Utah condominium ownership act.
DEDICATION:	The setting aside of land by an owner for any general and public uses, reserving for himself no other rights than such as are compatible with the full exercise and enjoyment of the public uses to which the property is devoted.
DENSITY, GROSS:	The number of dwelling units per acre within a subdivision or other development based on the total tract area, whether developable or not.
DENSITY, NET:	The number of dwelling units per acre within a subdivision or other development, not including public streets and other public property.
DEPTH:	The least horizontal distance between the front and rear lot lines and the building.
DEVELOPABLE LAND:	Land under thirty percent (30%) slope which is capable of being improved, subject to the requirements of this code.
DEVELOPER:	The person, association or corporation developing or causing to be developed the property subject to the provision of this chapter. For the purposes of residential construction outside of a recorded subdivision, the applicant for the building permit shall be deemed to be the developer and shall comply with all applicable requirements of this chapter.
DEVELOPMENT AGREEMENT:	A written agreement or an amendment to a written agreement between the city and one or more parties that regulates or controls the use or development of a specific area of land. This definition does not include a bond agreement or an improvement completion assurance.
DEVELOPMENT APPROVAL:	Any written authorization from the city that authorizes the commencement of development activity.
DEVELOPMENT OR DEVELOPMENT ACTIVITY:	Any of the following:
	A.   Any manmade change to improved or unimproved real estate, including, but not limited to, buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations.
	B.   Any construction, reconstruction, or expansion of a building, structure, or use.
	C.   Any change in the use of a building or structure.
	D.   The total area of a lot or parcel of land on which a building permit is to be issued or the total area of property being improved.
	E.   Any change in the use of land that creates additional demand and need for capital facilities.
	F.   The property being developed and/or subdivided.
	G.   The act, process or result of developing.
DISABILITY:	A physical or mental impairment which substantially limits one or more of a person's major life activities, including a person having a record of such an impairment, or being regarded as having such an impairment. "Disability" does not include current illegal use of, or addiction to, any federally controlled substance, as defined in section 102 of the controlled substances act, 21 USC 802, or successor law. As used in this definition:
	A.   "Physical or mental impairment" includes:
	1.   Any physiological disorder or condition, cosmetic disfigurement, or anatomical loss affecting one or more of the following body systems: neurological; musculoskeletal; special sense organs; respiratory, including speech organs; cardiovascular; reproductive; digestive; genitourinary; hemic and lymphatic; skin; and endocrine; or
	2.   Any mental or psychological disorder, such as mental retardation, organic brain syndrome, emotional or mental illness, and specific learning disabilities. The term physical or mental impairment includes, but is not limited to, such diseases and conditions as orthopedic, visual, speech and hearing impairments, cerebral palsy, autism, epilepsy, muscular dystrophy, multiple sclerosis, cancer, heart disease, diabetes, human immunodeficiency virus infection, mental retardation, emotional illness, drug addiction (other than addiction caused by current, illegal use of a controlled substance) and alcoholism.
	B.   "Major life activities" means functions such as caring for one's self, performing manual tasks, walking, seeing, hearing, speaking, breathing, learning and working.
	C.   "Has a record of such an impairment" means has a history of, or has been misclassified as having, a mental or physical impairment that substantially limits one or more major life activities.
	D.   "Is regarded as having an impairment" means:
	1.   Has a physical or mental impairment that does not substantially limit one or more major life activities but that is treated by another person as constituting such a limitation;
	2.   Has a physical or mental impairment that substantially limits one or more major life activities only as a result of the attitudes of others toward such impairment; or
	3.   Has none of the impairments defined in subsection A of this definition, but is treated by another person as having such an impairment.
DRIP EMITTER:	Drip irrigation fittings that deliver water slowly at the root zone of the plant, usually measured in gallons per hour.
DUPLEX:	See definition of dwelling, two-family.
DWELLING:	Any building, or portion thereof, having one or more dwelling units occupied as, or designed or intended for occupancy as, a residence by one or more occupants, but not including hotels, motels, boarding houses, or other facilities offering transient lodging facilities.
DWELLING, BASEMENT:	A dwelling which is located below finished grade.
DWELLING, GARDEN APARTMENT:	One or more two- or three-story multiple-family dwellings, generally built at a gross density of ten (10) to fifteen (15) dwelling units per acre, where each dwelling contains eight (8) to twenty (20) dwelling units.
DWELLING, MOVE- ON:	A structure designed and constructed for human habitation and occupied as a permanent fixture to a parcel of land but which can be relocated and still conform to applicable Building Codes.
DWELLING, MULTIPLE-FAMILY:	A dwelling having three (3) or more dwelling units.
DWELLING OCCUPANT:	One or more persons living in a dwelling unit.
DWELLING, PATIO HOME:	A single-family dwelling located on a separate lot with open setbacks on three (3) sides with a court.
DWELLING, PRIMARY:	A single-family dwelling that is detached and is occupied as the primary residence of the owner of record.
DWELLING, RENTAL:	A dwelling that is used or designated for use as a residence by one or more persons; and
	A.   Available to be rented, loaned, leased, or hired out for a period of one month or longer; or
	B.   Arranged designed, or built to be rented, loaned, leased, or hired out for a period of one month or longer.
DWELLING, SINGLE-FAMILY:	A building having only one dwelling unit.
DWELLING, SINGLE-FAMILY WITH ACCESSORY DWELLING:	A building having only one dwelling unit and one accessory dwelling unit.
DWELLING, TEMPORARY:	A trailer or structure used for temporary residential purposes solely by the property owner or builder during the construction of a permanent dwelling on a lot or parcel.
DWELLING, TOWNHOUSE:	A dwelling unit in a row of at least three (3) such units where each unit has its own front and rear exterior access, no unit is located above or below another unit, and each unit is separated from any other unit by one or more vertical common fire resistant walls.
DWELLING, TWO- FAMILY:	A dwelling having only two (2) dwelling units.
DWELLING UNIT:	A single unit consisting of one or more rooms in a dwelling designed for or occupied for living purposes by one or more persons which provides complete and independent facilities for living including the provision of living, sleeping, eating, cooking, and sanitation facilities.
DWELLING UNIT FOOTPRINT:	The perimeter footing or foundation of the dwelling unit.
EASEMENT:	A present or future right of use under, on, or above the surface of property by a person or agency other than the legal owner of the property.

 

ELDERLY PERSON:	A person who is sixty (60) years old or older who desires or needs to live with other elderly persons in a group setting, but who is capable of living independently.
EMERGENCY ACCESS ENTRANCE:	A roadway access into a subdivision that was not designed or intended for regular use by the public or by the occupants of the subdivision, but was established to provide access for emergency vehicles or alternate access across the subdivision during emergency conditions.
EXTERNAL ILLUMINATION:	Lighting which illuminates a building or structure from a remote position or from outside of the building or structure.
FAMILY:	One (1) or more persons living together as a single housekeeping unit.
FARMERS' MARKET:	An area, open or partially enclosed, at which vendors gather for limited periods of time to sell agricultural products from booths, stands, or similar locations designated for individual vendors.
FENCE:	A structure serving as an enclosure, barrier, or boundary, which defines an outdoor space. A sight obscuring fence is one which permits vision through not more than ten percent (10%) of each square foot more than four inches (4") above the ground.
FINAL PLAT:	The final drawing of a subdivision and dedication prepared for filing with the county recorder which complies with applicable requirements set forth in this title and other titles of this code and provisions adopted pursuant thereto.
FLOOR AREA, TOTAL:	The square foot area of a building, including an accessory building, measured from outside wall surfaces and including basements, garages, porches, utility rooms, stairways, recreation rooms and storage rooms, but excluding unroofed balconies and patios.
FLYWAY BARRIER:	Solid wall, fence or dense vegetation which modifies the bee flight pattern.
FRANCHISE MUNICIPAL USE:	A "municipal use", as defined herein, operated by a franchisee of Draper City.
FREEWAY FRONTAGE ROAD:	A road that parallels a freeway and serves to collect and distribute traffic along the freeway without impeding flow along the freeway and which also has lots located only along one side of the road with the other side of the road typically fronting the freeway right of way.
FREEWAY FRONTAGE ROAD SIGN:	A sign that is allowed in certain areas adjacent to I-15 or freeway frontage roads, as defined, that is easily viewed by traffic passing through on I-15.
FREIGHT TERMINAL:	A building or area in which freight brought by motor trucks or rail is assembled and/or stored for routing in intrastate or interstate shipment by motor truck or rail.
FRONT WALL PLANE:	That face, side or elevation of a structure most closely oriented toward the street, excluding porches, window bays and similar appendages.
FUNERAL HOME:	An establishment engaged in preparation of funeral services. Uses may include the preparation of the deceased for burial, for the display of the deceased and/or for ceremonies or services related thereto. A funeral home may include facilities for embalming, but not for cremation. It may also include facilities for the storage of caskets, funeral supplies, and funeral vehicles. A funeral home may also be known as a funeral parlor or a mortuary.

 

GARAGE, PRIVATE RESIDENTIAL:	A garage, accessory to a dwelling, used for parking and storage of motor vehicles owned and operated by residents of the dwelling that is neither a commercial enterprise nor available to the general public.
GARAGE, PUBLIC:	A structure, or portion thereof, other than a private customer and employee garage or private residential garage, used primarily for parking and storage of motor vehicles and available to the general public.
GAS AND FUEL, STORAGE AND SALES:	The use of a site for bulk storage and wholesale distribution of flammable liquid, gas or solid fuel, excluding belowground storage that is clearly ancillary to an allowed principal use on the site.
GASOLINE SERVICE STATION:	An establishment engaged in the retail sales of gasoline and petroleum products. This definition includes gasoline sales conducted as part of a convenience store. A gasoline service station may also include automatic and self-serve car washes which are accessory to the primary use.
GENERAL PLAN:	A document adopted by the City Council that sets forth general guidelines for proposed future development of the land within the City as set forth in this title.
GOLF COURSE:	A facility providing private or public golf recreation services and support facilities, excluding miniature golf facilities.
GOVERNMENT SERVICE:	Any building or facility used, owned or operated by a government entity which provides services for the public, excluding utilities and recreational services. Typical uses include administrative offices of government agencies and utility billing offices.
GRADE, EXISTING:	The grade of a property prior to the most recent proposed development or construction activity.
GRADE PLANE:	A reference plane representing the average of the finished ground level adjoining the building at all exterior walls. Where the finished ground level slopes away from the exterior walls, the reference plane shall be established by the lowest points within the area between the building and the lot line or, where the lot line is more than six feet (6') from the building, between the structure and a point six feet (6') from the building.
GRASS:	Monocotyledonous plants from the botanical family Poaceae or Gramineae having narrow leaves, hollow stems, and clusters of very small flowers.
GRASS, ORNAMENTAL:	Varieties of grass including grass-like perennial plants (sedges and rushes) that serve no purpose other than decoration. Characteristic foliage includes thick reed-like blades attached to stems topped by an inflorescence or seed head grown in bunches or clumps. As used in this title, ornamental grass does not include grass varieties used as Turf, Lawn or Sod.
GROOMING SERVICE:	An establishment for the grooming, bathing, clipping, and nonmedical care of household pets. Such uses may also include the sale of grooming and care items, as well as accessory items for the keeping of household pets. Such uses shall not include the sale, breeding, training, or boarding of animals.
GROSS FLOOR AREA:	The total floor area of a building designed, expressed in square feet measured from centerline of joint partitions and exteriors of outside walls.
GROSS LEASABLE FLOOR AREA (GLA):	The total floor area of a building designed for tenant occupancy and exclusive use, including basements, mezzanines and upper floors, if any, expressed in square feet measured from centerline of joint partitions and exteriors of outside walls.
GROUND COVER:	Live plantings, not including lawn or turf form a continuous cover over the ground that can be maintained at a height not exceeding twelve inches (12") from the surface.

 

HABITABLE LIVING UNIT:	See definition of Dwelling Unit.
HANDBILLS POSTED ON PUBLIC PLACES OR OBJECTS:	Any paint, mark, writing on, or writing posted or otherwise affixed to or upon any sidewalk, crosswalk, curb, park strip, street, lamppost, hydrant, tree, shrub, tree stake, guardrail, railroad trestle, electric light, power, or telephone pole or appurtenance thereof, or upon any lighting system, public bridge, drinking fountain, lifesaving equipment, street sign, or traffic sign.
HARDSCAPE:	Patios, decks, walls, paths and similar man-made features that are part of an integrated landscape design. This definition does not include driveways, sidewalks, parking areas, or other paved walkways required for pedestrian access.
HEIGHT, BUILDING OR STRUCTURE:	See definition of building or structure height.
HEIGHT, SIGN:	See section 9-26-30 of this title, definition of height of sign.
HIGHER EDUCATION FACILITY, PRIVATE:	An institution of higher education, not part of the Utah State system of higher education, offering education in consideration of the payment of tuition or fees for the attainment of educational objectives leading to a degree or certificate, including:
	A.   Business schools;
	B.   Technical schools; and
	C.   Applied technology centers;
	and including, but not limited to, such accessory uses as dormitories, museums, stadiums, and theaters.
HIGHER EDUCATION FACILITY, PUBLIC:	A.   Those institutions designated in Utah Code Annotated section 53B-1-102;
	B.   Any public institution of higher education offering education in consideration of the payment of tuition or fees for the attainment of educational objectives leading to a degree or certificate, including:
	1.   Business schools;
	2.   Technical schools; and
	3.   Applied technology centers;
	and including, but not limited to, such accessory uses as dormitories, museums, stadiums, and theaters.
HIVE:	Artificial or natural receptacle used to house a bee colony. A hive typically consists of a cover, honey supers, brood chambers and a bottom board.
HOLIDAY DECORATIONS:	Noncommercial displays of a primarily decorative nature, clearly incidental and customarily and commonly associated with any national, local, or religious holiday.
HOME OCCUPATION:	A commercial or other nonresidential use conducted within a dwelling unit that is incidental and secondary to the use of the dwelling unit for residential purposes.
HOME OCCUPATION DAYCARE:	See definition of Daycare, Home Occupation.
HOMELESS SHELTER:	A place of temporary abode for persons who have no residence.
HOSPICE:	A program of care for the terminally ill and their families which occurs in a home or in a healthcare facility and which provides medical, palliative, psychological, spiritual, and supportive care and treatment.
HOSPITAL:	A facility that:
	A.   Offers services more intensive than those required for room, board, personal services and general nursing care;
	B.   Offers facilities and beds for use beyond twenty four (24) hours by individuals requiring diagnosis, treatment, or care for illness, injury, deformity, infirmity, abnormality, disease or pregnancy; or
	C.   Regularly makes available at least clinical laboratory services, diagnostic X-ray services and treatment facilities for surgery or obstetrical care, or other definitive medical treatment of similar extent.
	Hospitals may include accessory uses, such as offices for medical and dental personnel, daycare facilities for employees, patients, or patient visitors, and central service facilities, such as pharmacies, medical laboratories, and other related uses.
HOTEL:	An establishment with or without fixed cooking facilities in individual rooms offering transient lodging accommodations to the general public, and which may provide additional services, such as restaurants and meeting rooms.
HOUSEHOLD:	A family living together in a dwelling unit with common access to and common use of all living, eating, cooking, and sanitation facilities within the dwelling unit.
HOUSEHOLD PET:	Animals or fowl ordinarily permitted in a house and/or kept for company or pleasure, not for profit, such as dogs, cats, or small pets such as rabbits, birds, fish, hamsters and reptiles, but not including: A.   Chickens, ducks, geese, pigs or other domestic farm variety animals, nor any animals which are likely to inflict harm or endanger the health, safety or welfare of any person or property; and B.   A sufficient number of dogs to constitute a kennel or sufficient number of cats to constitute a cattery.
HOUSEKEEPING:	See definition of Household.

 

ILLUMINATION, INTERNAL:	Lighting by means of a light source that is within a sign having a translucent background, silhouetting opaque letters or designs, or that is within letters or designs that are themselves made of translucent material.
IMPACT FEE:	A payment of money imposed upon development activity as a condition of development approval as provided in title 5, chapter 5 of this Code.
INTENSITY:	The degree of a quantitative or qualitative measurement associated with a use of land or building which impacts surrounding property owners.
JUNK OR SALVAGE YARD:	Any portion of a lot used for collection, storage, keeping, or abandonment of wastepaper, rags, scrap metal or discard material, including the dismantling, demolition, or abandonment of automobiles or other vehicles, or machinery or parts thereof, but not including uses clearly accessory and incidental to any permitted agricultural use.
KEEPING OF CHICKENS FOR FAMILIAL GAIN:	The keeping of chickens on a lot or parcel for the exclusive use by persons residing thereon.
KENNEL:	An establishment having three (3) or more dogs of any age for the purpose of boarding, letting for hire, or training for profit.
KIOSK:	A small structure, typically located within a pedestrian walkway or similar circulation area, intended for uses as a small shop, or for use as a display space for posters, notices, and exhibits.
KITCHEN:	An area within a dwelling unit which contains an oven and/or cooktop stove and/or electrical wiring to accommodate such, and may include a sink and refrigeration facilities.

 

LAND USE:	The manner in which land is occupied or utilized.
LAND USE APPLICATION:	An application required by the City's Land Use Ordinance.
LAND USE BUFFER:	An area of natural or planted vegetation located on a property in order to screen and soften the effects that property's land use may pose on adjoining land uses.
LAND USE ORDINANCE:	A Planning, Zoning, Development, or Subdivision Ordinance of the City, but does not include the City's general plan.
LANDSCAPE ARCHITECT:	A person who holds a professional license to practice landscape architecture in the state of Utah.
LANDSCAPE DESIGNER:	An individual that does not hold a professional license for landscape architecture but can otherwise demonstrate the necessary qualifications and competency in landscape design such as possession of an undergraduate degree in landscape architecture or horticulture from a regionally accredited educational institutions, or certification as a Utah Certified Nursery Professional. Also includes individuals who possess a Utah professional license as an architect, engineer, or land surveyor and are permitted by the State to stamp plans that fall under the practice of landscape architecture.
LANDSCAPE EDGING:	Metal, concrete, plastic, or other similar durable, weather, and rot resistant material that is used to separate different elements of a landscape from one another.
LANDSCAPE GRADING PLAN:	Schematic, scaled drawing(s) showing finish grades, spot elevations as necessary and existing and new contours with the developed landscaped area.
LANDSCAPE IRRIGATION PLAN:	Schematic, scaled drawing(s) showing the layout and components of the system for providing water to the landscaped areas of a site.
LANDSCAPE PLANTING PLAN:	Schematic, scaled drawing(s) of a site or property showing the general layout of all landscaped areas.
LANDSCAPING OR LANDSCAPE:	The area of a development consisting of natural or introduced live vegetation together with accompanying earthwork and mulch that provide visual enhancement to the development. Landscaping can also include related outdoor features placed together with the vegetation such as decorative boulders, fountains, ponds, artwork, and benches. Also includes the act of installing the foregoing.
LATTICE TOWER:	A self-supporting multiple sided, open steel frame structure used to support telecommunication equipment.
LAUNDRY OR DRY CLEANING, LIMITED:	An establishment providing household laundry and dry cleaning services with customer drop off and pick up where no laundering or cleaning is done on the site.
LAUNDRY SERVICES:	An establishment providing household laundry and dry cleaning services with customer drop off and pick up, where laundering or cleaning is done on the site. This use also includes an establishment providing home type washing, drying, and/or ironing machines for hire or rent to be used by customers on the premises, such as a laundromat.
LIGHT SOURCE:	Neon, fluorescent or similar tube lighting, an incandescent bulb, including the light producing elements therein, and any reflecting surface that, by reason of its construction or placement, becomes a light source.
LIQUOR STORE:	A State store, owned and operated by the State of Utah, as defined and regulated under Utah Code Annotated title 32B, or its successor, for the sale of alcoholic beverages for off premises consumption.
LIVING SPACE:	The area calculated from the horizontal exterior dimensions of all levels, excluding porches, garages, patios, decks and unoccupied structures.
LOT:	A tract of land, regardless of any label, that is created by and shown on a final subdivision plat that has been recorded in the office of the county recorder.
LOT AREA:	The total land area of a lot or parcel measured on a horizontal plane, reduced by the area of any of the following:
	A. Public or private street rights-of-way dedicated or recorded after December 1, 1981; B. Railroad rights-of-way; and C. Slopes greater than forty percent (40%).
LOT, CORNER:	A lot or parcel abutting two (2) intersecting or intercepting streets where the interior angle of intersection or interception does not exceed one hundred thirty five degrees (135°). Corner lots shall have two (2) front yards and two (2) rear yards.
LOT COVERAGE:	The total horizontal area of a lot or parcel covered by any building or structure which extends above the surface of the ground level, including any covered parking spaces.
LOT DEPTH:	The mean horizontal distance from a front lot line to a rear lot line.
LOT, DOUBLE FRONTAGE:	A lot or parcel abutting two (2) parallel or approximately parallel streets.
LOT, DWELLING:	A lot or parcel on which one or more dwellings may be legally established.
LOT, FLAG:	A lot or parcel located to the rear of another lot or parcel, the main body of which does not front on a street and is accessed by a narrow corridor.
LOT FRONTAGE:	The distance, measured along the front lot line, that a lot or parcel adjoins a street.
LOT, INTERIOR:	A lot or parcel other than a corner lot.
LOT LINE:	A line of record bounding a lot or parcel that divides one lot or parcel from another or from a street.
LOT LINE ADJUSTMENT:	The relocation of a lot line boundary between adjoining lots or between a lot and adjoining parcels in accordance with Title 17, whether or not the lots are located in the same subdivision, and with the consent of the owners of record. This definition does not include new boundary lines that would create an additional lot, constitute a subdivision or a subdivision amendment, or a boundary line adjustment made by the Utah Department of Transportation.
LOT LINE, FRONT:	A lot line separating a lot or parcel from an existing street right-of-way or, where a new street or street widening is proposed, the proposed street right-of-way line as shown on the master traffic and transportation plan. For an interior lot, the lot line adjoining the street; for a corner lot, the lot lines adjoining both streets; for a double frontage lot, a lot line adjoining one of the streets as elected by the City; for a lot accessed from a private right-of-way or access easement, the easement or right-of-way line.
LOT LINE, REAR:	The lot line generally opposite and most distant from the front lot line. In the case of a triangular, gore, or irregular shaped lot with five (5) or more sides at angles less than a 90-degrees per side, the rear line is a "constructive" line ten feet (10') in length within the lot or parcel, generally parallel to the front lot line which intercepts the side lot lines at points most distant from the front lot line.
LOT LINE, SIDE:	Any lot line that is not a front lot line or rear lot line. A side lot line separating one lot or parcel from another is an interior side lot line.
LOT, NONCONFORMING:	A lot or parcel that:
	A. Legally existed before its current zoning designation; and
	B. Has been shown continuously on the records of the Salt Lake County Recorder as an independent parcel since December 1, 1981; and
	C. Because of subsequent zoning changes, does not conform with the lot size or other dimensional or property development standards applicable in the zone where the lot or parcel is located.
LOT WIDTH:	For interior lots or parcels, the shorter of horizontal distance between side lot lines, measured at the required front yard setback line or rear setback line. For corner lots, or parcels, the distance between one of the front lot lines and the opposite rear yard line at the required setback line.
LOW IMPACT DEVELOPMENT:	Structural or natural engineered systems located close to the source of storm water that use or mimic natural processes to encourage infiltration, evapotranspiration, or reuse of the storm water.
LOW POWER RADIO SERVICES FACILITY:	See definition of wireless telecommunication facility.

 

MAJOR STREET PLAN:	A plan entitled "Major Street Plan of the City" and approved by the City Council as part of the City's general plan.
MANUFACTURED AND MOBILE HOME PARK:	A lot or parcel or contiguous lots or parcels under one ownership designed and planned to accommodate the placement of manufactured or mobile homes on leased or rented "pads".
MANUFACTURED AND MOBILE HOME SUBDIVISION:	A platted and recorded subdivision zoned and designed for mobile and manufactured home use where mobile and manufactured homes are placed on permanent foundations.
MANUFACTURED HOME:	A transportable factory built housing unit constructed on or after June 15, 1976, according to the Federal Home Construction and Safety Standards Act of 1974 (HUD Code), in one or more sections, which:
	A. In the traveling mode, is eight (8) body feet or more in width or forty (40) body feet or more in length, or when erected on site, is four hundred (400) or more square feet;
	B. Is built on a permanent chassis and designed to be used as a dwelling with or without a permanent foundation when connected to the required utilities;
	C. Includes plumbing, heating, air conditioning, and electrical systems; and
	D. Is identified by the manufacturer's data plate bearing the date the unit was manufactured and a HUD label attached to the exterior of the home certifying the home was manufactured to HUD standards.
MANUFACTURING, GENERAL:	An establishment engaged in the manufacture of finished products or parts, predominantly from previously prepared materials, including processing, fabrication, assembly, treatment and packaging, and incidental storage, sales and/or distribution of such products, but excluding basic industrial processing and manufacturing activities.
MANUFACTURING, LIMITED:	An establishment engaged in the limited processing, fabrication, assembly and/or packaging of products utilizing processes that:
	A. Have no noise, odor, vibration, or other impacts discernible outside a building; and
	B. Do not violate any applicable noise ordinance.
MASONRY:	Stone, brick, dyed block, or split faced concrete block.
MEDIA SERVICE:	An establishment primarily engaged in the provision of broadcasting and other information relay services accomplished through the use of electronic and telephonic mechanisms, including radio, television, film or sound recording studios.
MEDICAL CANNABIS PHARMACY:	As defined in Section 26-61a-102 of the Utah Code, as amended.
MEDICAL OR DENTAL LABORATORY:	An establishment that conducts basic medical or dental research and analysis. This term does not include a facility providing any type of in-house patient services typically provided by hospitals and clinics.
MEDICAL SERVICE:	An establishment providing therapeutic, preventive, or corrective personal treatment services on an outpatient basis by physicians, dentists, and other practitioners of the medical or healing arts, as well as the provision of medical testing and analysis services.
METAL COMPOSITE MATERIAL:	An exterior building facade material made from two (2) sheets of aluminum, or other high quality metal, bonded to a polyethylene or polyurethane core.
MILITARY FACILITY:	A premises or facility owned and operated by the federal or state government for civil defense or military purposes. Uses include command centers, military airfields, military bases, storage depots, and training bases.
MINERAL EXTRACTION:	Removal of sand, gravel, dirt, or other materials by grading or excavating.
MIXED USE:	See definition of Planned Center.
MOBILE HOME:	A transportable factory built housing unit built prior to June 15, 1976, in accordance with a state mobile home code which existed prior to the federal manufactured housing and safety standards act (HUD code).
MOBILE HOME PARK:	See definition of Manufactured And Mobile Home Park.
MODERATE INCOME HOUSING:	Housing occupied or reserved for occupancy by households with a gross household income equal to or less than eighty percent (80%) of the median gross income of the metropolitan statistical area for households of the same size.
MODERATE INCOME HOUSING PLAN:	A written document conforming to the requirements of Utah Code Annotated section 10-9a-408.
MODULAR UNIT:	A structure built from sections manufactured in accordance with the construction standards adopted pursuant to Utah Code Annotated title 15A, and transported to a building site, the purpose of which is for human habitation, occupancy or use.
MONOPOLE:	A single cylindrical steel or wooden pole that acts as the support structure for one or more antennas.
MORTUARY:	See definition of Funeral Home.
MOTEL OR MOTOR LODGE:	Any building or group of buildings containing sleeping rooms, with or without fixed cooking facilities, designed for temporary occupancy by tourists or transients, with a garage attached or parking space conveniently located to each unit.
MOTOR HOME:	A motor vehicle built on a truck or bus chassis and designed to serve as self-contained living quarters for recreational travel and use.
MULCH:	Materials such as rock, bark, wood chips or similar materials left loose and applied over the soil for the purposes of water conservation, reducing weed growth, and enhancing the visual appeal of an area.
MUNICIPAL USE:	Any use operated exclusively, or contracted for, by the city, such use having the purpose of serving the public health, safety or general welfare of the residents of Draper City, and including, but not limited to, uses such as parks, playgrounds and other recreational facilities, emergency, fire and police services, administrative, service and storage facilities.

 

NATURAL FEATURES:	Nonmanmade land characteristics, including drainage swales, wetlands, rock outcroppings, streams, concentrated native stands of large shrubs or trees, and slopes, particularly where thirty percent (30%) or greater.
NATURAL STATE:	Land which has not been subjected to grading, removal of vegetation or building development.
NATURAL SURVEILLANCE:	A Crime Prevention Through Environmental Design (CPTED) design principal and concept directed primarily at keeping intruders under observation and limiting the opportunity for crime by increasing the perception that people can be seen.
NATURAL WATERWAYS:	Those areas, varying in width, along streams, creeks, gullies, springs, or washes which are natural drainage channels.
NONCONFORMING LOT:	See definition of Lot, Nonconforming.
NONCONFORMING SIGN:	See definition of Sign, Nonconforming.
NONCONFORMING STRUCTURE:	See definition of Structure, Nonconforming.
NONCONFORMING USE:	See definition of Use, Nonconforming.
NURSERY:	An establishment for the retail or wholesale sale of plants, flowers, trees, shrubs, garden plants, bushes, landscaping materials, or similar plantings, including materials, tools, implements, equipment, and packaged substances for the maintenance and care of such plantings intended for ornamental, garden, or landscaping purposes. Typical uses include greenhouses, garden centers not in conjunction with another use, permanent tree lots, and garden supply stores. Typical uses do not include sod farms or storage sites for landscaping materials.
NURSING CARE FACILITY:	An establishment providing bed care and inpatient services on a twenty four (24) hour medical staff availability for no more than one hundred (100) residents who need regular medical attention. A nursing care facility excludes a facility providing surgical or emergency medical services or providing care for mental illnesses or communicable disease. Such uses include nursing homes and rest homes, which are operated to include at least two (2) of the following patient services: A. A selection of patient care services, under the direction and supervision of a registered nurse, ranging from continuous medical, skilled nursing, psychological, or other professional therapies to intermittent health related or paraprofessional personal care services; B. A structured, supportive social living environment based on professionally designed and supervised treatment plan, oriented to the individual's habilitation or rehabilitation needs; or C. A supervised living environment that provides support, training, or assistance with individual activities of daily living.

 

OFFICE, GENERAL:	A building, room or department where executive, management, administrative or professional services are provided, except medical services, and excluding the sale of merchandise, except as incidental to a principal use. Typical uses include real estate brokers, insurance agencies, credit reporting agencies, property management firms, investment firms, employment agencies, travel agencies, advertising agencies, secretarial services, data processing, telephone answering, paging and beeper services and facsimile transmission services; post offices and express mail offices as an accessory or complementary use to a professional and business office development, but excluding major mail processing and distribution; offices for utility bill collection; professional or consulting services in the fields of law, architecture, design, engineering, accounting and similar professions; interior decorating consulting services; and business offices of private companies, utility companies, public agencies, trade associations, unions and nonprofit organizations.
OFFICE/ WAREHOUSE:	A facility of single or multiple buildings or units where at least twenty-five percent (25%) of each building or unit is built as office space or showroom with the remainder of the building or unit built as storage or warehouse space. Such facility typically has garage bays to service the warehouse component.
OPEN SPACE:	An area of land, inclusive of any wetlands or watercourses, open to the sky and not occupied by buildings, structures, parking areas, driveways, streets, alleys, or the like, which is set aside, dedicated, designated, retained, or reserved for use as passive or active recreation or for resource protection. The area is intended to remain in an undeveloped, natural, or naturalized state by design, but this definition also extends to include other intentionally landscaped areas of a site serving the same purposes in instances where an undeveloped or natural state is not specified by the ordinance.
OPERATIONS CENTER:	A maintenance, repair, or service facility operated by a local, state, or federal government agency.
OTHER NONCONFORMITY:	A situation other than a nonconforming lot, structure, or use that:
	A. Legally existed before the current zoning designation of the lot where the nonconformity is located; and
	B. Because of subsequent zoning changes, does not conform with applicable requirements of this title.
OUTDOOR DISPLAY:	Permanent outdoor area used for permanent display of merchandise or goods available for purchase from the business located within a permanent structure. Outdoor display shall be subject to the regulations set forth in section 9-27-230 of this title. The use shall be allowable only as an accessory to the primary use of the establishment. Typical examples include, but are not limited to, landscaping product, retail, and outdoor play equipment displays.
OUTDOOR STORAGE:	The commercial storage or keeping of building materials, equipment, fuels, vehicles, goods, or commodities or raw materials outside of a building or structure. Outdoor storage shall be subject to the regulations set forth in section 9-27-230 of this title. The use shall be allowable only as an accessory to the primary use of the establishment.
OWNER:	Any person who alone, jointly or severally with others, or in a representative capacity, including, without limitation, an authorized agent, executor or trustee, has legal or equitable title to any property.
OWNER OF RECORD:	An individual listed as the owner of property on the records of the county assessor.

 

PARCEL:	Any real property that is not a lot.
PARCEL BOUNDARY ADJUSTMENT:	A recorded agreement between owners of adjoining parcels adjusting the mutual boundary, either by deed or by a boundary line agreement in accordance with Utah Code Annotated section 10-9a-524, as amended, if no additional parcel is created and none of the property identified in the agreement is a lot or if the adjustment is to the boundaries of a single person’s parcels. This definition does not mean an adjustment that creates an additional parcel or parcels, constitutes a subdivision, or a boundary line adjustment made by the Utah Department of Transportation.
PARK:	A playground or other area or open space providing opportunities for active or passive recreational or leisure activities.
PARK STRIP:	The area located along each side of a street between a street right of way line and the edge of asphalt. Does not include approved and permitted sidewalks, driveway approaches, curbs, or trails. The definition is also inclusive of the term city tree planting strips.
PARKING BAY:	A parking area within a parking lot consisting of one or two (2) rows of parking spaces and the aisle from which motor vehicles may enter and exit parking spaces.
PARKING, COMMERCIAL:	A paved area or structure, other than a street, alley, or driveway, specifically designed and developed for the paid parking of motor vehicles on a temporary basis, other than accessory to a principal use.
PARKING LOT:	An open area other than a street, alley, or driveway, used for 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:	An area designated within a building, parking lot, or other parking area for the parking or storage of one motor vehicle.
PARKING, TANDEM:	A parking space which abuts a driveway or parking aisle and is used to access one other parking space.
PAWNSHOP:	Any person or establishment engaged in any of the following:
	A. Lending money on deposit of personal property.
	B. Dealing in the purchase, exchange, or possession of personal property on condition of selling the same back again to the pledgor or depositor.
	C. Lending or advancing of money on personal property by taking chattel mortgage security thereon and taking or receiving possession of such personal property.
	D. Selling unredeemed pledged personal property, together with such new merchandise, as will facilitate the sale of such property.
PERIMETER BUILDING PAD:	A separate building location, usually along the street frontage, developed or designated in connection with a larger commercial site.
PERSON:	An individual, firm, partnership, corporation, company, association, joint stock association, or governmental entity, including a trustee, receiver, assignee or similar representative of any of the forgoing.
PERSONAL CARE SERVICE:	An establishment primarily engaged in the provision of frequently or recurrently needed services of a personal nature. Typical uses include, beauty and barber shops, massage therapy, custom tailoring and seamstress shops, electrolysis studios, portrait studios, shoe repair shops, tailors, tanning and nail salons, and weight loss centers. This definition includes permanent cosmetics and cosmetic tattooing when done in association with another permitted use such as beauty shops and nail salons, but excludes tattoo establishment.
PERSONAL INSTRUCTION SERVICE:	An establishment primarily engaged in the provision of informational, instructional, personal improvement and similar services of a nonprofessional nature. Typical uses include art and music schools, driving and computer instruction, gymnastic and dance studios, handicraft or hobby instruction, health and fitness studios, martial arts training, and swimming clubs.
PET SALES:	Any establishment wherein dogs, cats, small household pets such as birds, fish, and reptiles, or other household pets of any age are kept or displayed for the purposes of retail sales. This definition does not include kennel; cattery; animals for sale by an animal breeder; or the sales of small household pets that may be associated with another allowed use. Pet sales does not include animal adoptions from a city or county animal shelter, animal control agency, or a non-profit animal welfare organization incorporated within the State of Utah for the purpose of preventing cruelty to animals, or by any properly authorized establishment used for the care and custody of seized, stray, homeless, quarantined, abandoned or unwanted dogs, cats or other small domestic animals.
PLANNED CENTER:	A development comprised of a variety of uses where landscaping, parking and other improvements are provided in a comprehensive and integrated fashion.
PLANNING COMMISSION:	The Planning Commission of Draper City, Utah.
PLANT, ANNUAL:	A plant species that completes its entire life cycle within a single growing season in which all roots, stems, and leaves of the plant die at the end of growing season.
PLANT, BIENNIAL:	A plant species that requires two growing seasons to complete its life cycle in which all roots, stems, and leaves of the plant die at the end of the second season.
PLANT, PERENNIAL:	A plant which persists for many growing seasons, usually with new herbaceous growth from a part of the plant that survives from growing season to growing season. As used in this title it includes ornamental grasses but not turf, lawn, or sod.
PLANTING BED:	A well-defined and physically separate area from other adjacent landscaped areas utilized for plating annual, biennial, and perennial plants, small shrubs, and non-turf ground covers.
PLAT:	An instrument subdividing property into lots as depicted on a map or other graphical representation of lands that a licensed professional land surveyor makes and prepares in accordance with applicable provisions of state law.
PLOT PLAN:	A schematic scaled drawing of a building lot or a development which:
	A. Is less detailed than a site plan; and
	B. Indicates, as may be required by this title, the placement and location of yards, property lines, adjacent parcels, utilities, topography, waterways, irrigation, drainage, landscaping, parking areas, driveways, buildings, trash containers, open storage, streets and right of way lines, sidewalks, curbs, gutters, signs, lighting, fences and other features of existing or proposed construction or land use.
POST OFFICE:	A facility or structure owned by the U.S. postal service and used for collecting, sorting or distributing mail within one or more zip code areas, or providing limited retail services for the general public, such as the sale of stamps, postcards and postal insurance.
PRECIOUS METALS AND GEMS DEALER:	A business that engages in buying or selling gold, silver, platinum, and diamonds or other precious metals and gems. Typical uses shall not include on site processing of precious metals or gems.
PRESCHOOL:	An establishment that provides, as a principal function, educational instruction for preelementary school aged children age three (3) to six (6) on a regular basis away from their primary residences for less than twenty four (24) hours per day. The term does not include: A. Kindergartens or nursery schools or other daytime programs operated by public or private elementary or secondary schools or institutions of higher learning; B. Facilities operated as a daycare facility; or C. Special activities or programs, including athletics, crafts instruction, and similar activities, conducted on a periodic basis by civic, charitable, private, or governmental organizations.
PRESCHOOL, GENERAL:	A facility, other than preschool, limited, where, as a principal function, educational instruction is provided for preelementary school aged children ages three (3) to six (6) during customary schooling hours.
PRESCHOOL, LIMITED:	A home occupation facility where, as a principal function, educational instruction is provided during not more than two (2) sessions per day for up to ten (10) preelementary school aged children ages three (3) to six (6) per session during customary schooling hours.
PRIMARY ENTRANCE:	The entry point to a main building designed to receive the public. For commercial, industrial and multi-family residential buildings the primary entrance is usually located on the street bearing the main building's formal postal address. For single family and two-family dwelling units the primary entrance is located on the street bearing the dwelling's postal address.
PRINTING AND COPYING, LIMITED:	A business establishment engaged in retail photocopying, reproduction, photo developing or blueprinting services.
PRINTING, GENERAL:	The production of books, magazines, newspapers and other printed matter, as well as publishing, engraving and photoengraving, but excluding "printing and copying, limited" uses.
PRIVATE SCHOOL:	A school serving at least two (2) of any of the grades K through 12 which is not part of the public education system, and does not exclusively include any privately owned or run preschool for children, but which may include a privately owned or run preschool as an accessory or secondary use to the school.
PRODUCE STAND:	A booth, stall or other area where seasonal produce, cut flowers, bedding plants, or similar items may be sold to the general public.
PROTECTIVE HOUSING FACILITY:	A facility operated, licensed or contracted by a governmental entity, or operated by a charitable, nonprofit organization, where, for no compensation, temporary, protective housing is provided to: A. Abused or neglected children awaiting placement in foster care; B. Pregnant or parenting teens; C. Victims of sexual abuse; or
	D.   Victims of domestic abuse.
PROTECTIVE SERVICE:	A facility for conduct of public safety and emergency services, including fire and police protection services and emergency medical and ambulance services.
PUBLIC:	That which is under the ownership or control of the United States government, Utah state or any subdivision thereof, Salt Lake County, or the city, or any departments or agencies thereof.
PUBLIC ENTRANCE:	An entrance to a building or premises customarily used or intended for use by the general public but excluding fire exits, special employee entrances, and loading dock entrances not generally used by the public.
PUBLIC SCHOOL:	Any building or group of buildings or premises approved by the state of Utah usually consisting of elementary, middle, and high schools, but may also include: A.   A public school district; B.   The schools for the deaf and the blind; or C.   Other components of the public education system authorized by the state board of education.
PUBLIC UTILITY SUBSTATION:	Any aboveground device of a culinary water, irrigation, sewer, natural gas, electrical, telecommunications, including, but not limited to, radio, telephone and cellular telephone, cable television, or other public or private utility system not owned or operated by Draper City which is intended to regulate the function of a utility line or which receives or transmits a signal. Excluded from this definition are: A.   Conventional utility poles, features or equipment to be placed on such a pole, light poles; B.   Features or equipment whose primary benefit is limited to the building or land use where the feature or equipment is located; and C.   Features or equipment with maximum horizontal and vertical dimensions of three feet (3').

 

QUEUING SPACE:	An area on a property where vehicles are arranged in a queue to wait for a limited or short duration while waiting to advance to the next available space in the queue. Such spaces are provided for driver convenience in accessing on-site services such as drive-up windows, automated teller machines, vehicle service or wash bays, fuel islands, or designated pick-up or drop-off area for goods and/or passengers. This definition is also applicable to use of the terms stacking spaces, stacking aisles, drive-through lanes, and drive-through aisles, but does not include freight parking or freight deliveries to a site by commercial vehicles.
REASONABLE ACCOMMODATION:	A change in a rule, policy, practice, or service necessary to afford a person with a disability equal opportunity to use and enjoy a dwelling. As used in this definition:
Equal Opportunity:	Achieving equal results as between a person with a disability and a nondisabled person.
Necessary:	The applicant must show that, but for the accommodation, one or more persons with a disability likely will be denied an equal opportunity to enjoy housing of their choice.
Reasonable:	A requested accommodation will not undermine the legitimate purposes of existing zoning regulations notwithstanding the benefit that the accommodation would provide to a person with a disability.
RECEPTION CENTER:	A facility rented for private social gatherings.
RECREATION AND ENTERTAINMENT, INDOOR:	An establishment offering recreation, entertainment or games of skill to the general public that is wholly enclosed in a building. Typical uses include bowling alleys, indoor theaters, bingo parlors, pool halls, billiard parlors, video game arcades, racquetball and handball courts, and amusement rides.
RECREATION AND ENTERTAINMENT, OUTDOOR:	An establishment offering recreation, entertainment or games of skill to the general public or members wherein any portion of the activity takes place in the open. Typical uses include archery ranges, batting cages, golf driving ranges, drive-in theaters, miniature golf courses, tennis courts, and amusement rides.
RECREATIONAL VEHICLE:	A vehicular unit designed as a temporary dwelling for travel, recreation, and vacation use that is either self-propelled or is mounted on or pulled by another vehicle, including, but not limited to, a travel trailer, truck camper, or motor home.
RECREATIONAL VEHICLE LOT:	A plot of ground within a recreational vehicle park designed for the accommodation of one recreational vehicle.
RECREATIONAL VEHICLE PARK:	Any site, tract, or parcel of land on which facilities have been developed to provide temporary living quarters for two (2) or more recreational vehicles.
RECYCLING COLLECTION STATION:	One or more outdoor freestanding containers available to the general public occupying an area not greater than four hundred (400) square feet, exclusive of area required for vehicular access, and designed to receive and store recyclable materials.
REHABILITATION/TREATMENT FACILITY:	A facility licensed by or contracted by the state of Utah to provide temporary occupancy and supervision of adults or juveniles in order to provide rehabilitation, treatment, counseling, or educational services. Without limitation, such services may include rehabilitation, treatment, counseling, or assessment and evaluation services related to delinquent behavior, alcohol and drug abuse, sex offenders, sexual abuse, or mental health.
REPAIR SERVICE:	An establishment primarily engaged in providing repair services to individuals and households rather than firms, but excluding automotive, vehicular and equipment services uses. Typical uses include appliance repair shops, computer and other electronic equipment repair, furniture repair and upholstery shops, watch or jewelry repair shops, and musical instrument repair shops.
RESEARCH SERVICE:	An establishment engaged in industrial, medical, or scientific inquiries.
RESIDENCE:	A dwelling unit where an individual is actually living at a given point in time and intends to remain, and not a place of temporary sojourn or transient visit.
RESIDENTIAL FACILITY FOR ELDERLY PERSONS:	A single-family or multiple-family dwelling unit that meets the requirements of state law, or its successor.
RESIDENTIAL FACILITY FOR PERSONS WITH A DISABILITY:	A residence in which more than one person with a disability resides and which is licensed or certified by:
	A.   The Utah department of human services under Utah Code Annotated title 62A, chapter 2, licensure of programs and facilities; or
	B.   The Utah department of health under Utah Code Annotated title 26, chapter 21, health care facility licensing and inspection act.
RESTAURANT, FAST FOOD:	An establishment that sells ready to eat food and beverages quickly and which has one or more of the following characteristics:
	A.   Food and beverage orders are not taken at the customer's table;
	B.   Food and beverages are generally served in disposable wrapping or containers; or
	C.   Food and beverages are offered directly to the customer in a motor vehicle from a "drive-up" service window.
RESTAURANT, GENERAL:	An establishment that derives not less than fifty percent (50%) of its gross receipts from the sale of food and beverages for consumption on the premises and which has one or more of the following characteristics:
	A.   Food and beverage orders are taken at the customer's table from an individually provided menu;
	B.   Food and beverages are served in nondisposable containers by a restaurant employee at the same table or counter where said items are consumed;
	C.   Food and beverages are generally self-served in nondisposable containers and consumed on the premises; or
	D.   A restaurant having some characteristics of a fast food restaurant, other than drive-up service, which is located exclusively within a shopping center, shares common parking facilities with other businesses within the center, and has access to a common interior pedestrian accessway.
RETAIL, GENERAL:	An establishment that rents or sells goods to the public, but excluding uses specifically classified in another definition herein. Typical uses include apparel stores, antique shops, art and hobby supply stores, bicycle shops, bookstores, clothing rental stores, department stores, discount stores, drugstores, electronic appliance stores, florists, food stores, furniture and appliance stores, gift and novelty shops, glass and mirror shops, hardware stores, home improvement centers, jewelry stores, medical supply stores, music stores, optical retail sales, paint stores, pet supplies stores, photocopying and blueprinting shops, photography supply stores, record, tape and video stores, sporting goods stores, toy stores and variety stores.
RETAINING WALL:	Any structure designed to resist the lateral displacement of soil or other materials. Examples include block walls, rock walls, concrete walls, and segmented walls. A retaining wall is not considered a fence.
RIDING ACADEMY OR STABLE:	A commercial establishment that boards, breeds, trains, or raises horses not owned by the owner or operator thereof; or rents horses for riding or other equestrian activities.
ROOFLINE:	The highest point on any building where an exterior wall encloses usable floor space, including roof areas for housing mechanical equipment and the highest point on any parapet wall if the parapet wall extends around the entire perimeter of the building.

 

SECONDARY ACCESS ENTRANCE:	See definition of Access Point.
SECONDHAND OR THRIFT STORE, LARGE:	A retail establishment, over five thousand (5,000) square feet in size, that engages in the purchase and resale of used goods, such as clothing, furniture, appliances, books, and other household items.
SECONDHAND OR THRIFT STORE, SMALL:	A retail establishment, five thousand (5,000) square feet or smaller in size that engages in the purchase and resale of used goods, such as clothing, furniture, appliances, books, and other household items.
SEMITRAILER:	A vehicle with or without motive power: A.   Designed for carrying persons or property and for being drawn by a motor vehicle; B.   Constructed so that some part of its weight and that of its load rests on or is carried by another vehicle; and C.   Are not fifth wheel recreational vehicle trailers.
SENSITIVE LAND:	Any land area whose destruction or disturbance could affect the health, safety, or welfare of City residents, including wetlands, steep slopes, floodplains, and unstable soils.
SETBACK:	The distance on a lot between a building and a property line or, where adjacent to a public street, a designated right-of-way line as shown on the master traffic and transportation plan. For a lot on a private right of way or encompassing an access easement for another lot or parcel, the setback shall be the distance on a lot between a building and the private right of way line or access easement boundary closest to the building.
SEXUALLY ORIENTED BUSINESS:	See title 6, chapter 5 of this code.
SHOPPING CENTER:	A group of three (3) or more commercial establishments that is planned, developed, and managed as a unit with common areas for off street parking and landscaping provided on the property.
SHRUB:	A woody, multi-stemmed, perennial plant species. As used in this title the term refers collectively to deciduous and evergreen varieties, except where the specific term evergreen shrub is used.
SHRUB, EVERGREEN:	A woody, multi-stemmed, perennial plant species with needles or leaves that remain alive and on the plant through the winter months and into the next growing season.
SITE PLAN:	A schematic, scaled drawing of a building lot or location which indicates, as may be required by this title, the placement and location of yards, property lines, adjacent parcels, utilities, topography, waterways, irrigation, drainage, landscaping, parking areas, driveways, buildings, trash containers, open storage, streets, sidewalks, curbs, gutters, signs, lighting, fences and other features of existing or proposed construction or land use.
SOD:	Cultivated turf that has been cut into sections and harvested in rectangular slabs or rolls, to facilitate transportation to and installation at another site. Installation is referred to as sodding, and the practice reduces the time it takes to make turf areas within a landscape design functional, typically within thirty (30) days.
SPORTSMAN'S PERMIT:	The keeping of not more than six (6) purebred dogs, other than as a kennel, as permitted in the city animal control ordinance.
START OF CONSTRUCTION:	The issuance date of a building permit; provided, that construction, repair, reconstruction, placement, or other improvement begins within one hundred eighty (180) days of the permit date. "Begins" means either the first placement of permanent construction of a structure on a site, such as the pouring of a slab or footings, the installation of piles, the construction of columns, or any work beyond the stage of excavation; or the placement of a manufactured home on a foundation. "Begins" does not include:
	A. Land preparation, such as clearing, grading, and filling;
	B. Installation of streets and/or walkways;
	C. Excavation for a basement, footings, piers, or foundations or the erection of temporary forms; or
	D. Installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure.
STORY:	The space within a building between the surface of a floor and the surface of the floor or roof above it.
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 or private right of way, including avenues, highways, boulevards, parkways, roads, lanes, walks, alleys, viaducts, subways, tunnels, bridges, public easements, and other ways, that provides access to adjoining property. The street definitions set forth in section 17-1-040 of this code shall apply to this title.
STREET TREE:	An approved tree placed within a park strip, the landscaped portion of a right-of-way, or within fifteen feet (15') of the nearest edge of the right-of-way line. Street trees along public streets are considered public landscaping improvements only when all tree maintenance is performed by the city.
STRUCTURAL ALTERATIONS:	Any change in supporting members of a building or structure, such as bearing walls, columns, beams or girders.
STRUCTURE:	Any object or building erected or constructed on a lot or parcel which exceeds six feet (6') in height or exceeds two feet (2') in height and forms a geometric shape covering a ground area greater than thirty (30) square feet.
STRUCTURE, NONCONFORMING:	A structure that:
	A. Legally existed before the structure’s current zoning designation; and
	B. Because of subsequent land use ordinance changes, does not conform with the setback, height restrictions, or other applicable regulations of this title.
SUBDIVIDER:	Any person who undertakes to create a subdivision.
SUBDIVISION:	Any land that is divided, resubdivided, or proposed to be divided into two (2) or more lots or other division of land for the purpose, whether immediate or future, for offer, sale, lease, or development either on the installment plan or upon any and all other plans, terms, and conditions.
	A. "Subdivision" includes:
	1. The division or development of land whether by deed, metes and bounds description, devise and testacy, map, plat, or other recorded instrument, regardless of whether the division includes all or a portion of a parcel or lot; and
	2. Except as provided in subsection B, divisions of land for all residential and nonresidential uses, including land used or to be used for commercial, agricultural, and industrial purposes.
	B. "Subdivision" does not include:
	1. A bona fide division or partition of agricultural land for the purposed of joining one of the resulting separate parcels to a contiguous parcel of unsubdivided agricultural land, if neither the resulting combined parcel nor the parcel remaining from the division or partition violates an applicable land use ordinance;
	2. A boundary line agreement recorded with the county recorder’s office between owners of adjoining parcels adjusting the mutual boundary in accordance with Utah Code Annotated, section 10-9a-524, if no new parcel is created;
	3. A recorded document, executed by the owner of record, revising the legal descriptions of multiple parcels into one legal description encompassing all such parcels;
	4. A recorded document, executed by the owner of record joining a lot to a parcel;
	5. A boundary line agreement between owners of adjoining subdivided properties adjusting the mutual lot line boundary in accordance with Utah Code Annotated sections 10-9a-524 and 10-9a-608 if no new dwelling lot or housing unit will result from the adjustment and the adjustment does not violate any applicable land use ordinance;
	6. A bona fide division of land by deed or other instrument if the deed or other instrument states in writing that the division is in anticipation of future land use approvals on the parcel or parcels, does not confer any land use approvals, and has not been approved by the city;
	7. A parcel boundary adjustment;
	8. A lot line adjustment;
	9. A road, street, or highway dedication plat;
	10. A deed or easement for a road street, or highway proposed; or
	11. Any other division of land authorized by law.
SUBDIVISION AMENDMENT:	An amendment to a recorded subdivision that: vacates all or a portion of the subdivision; alters the outside boundary of the subdivision; changes the number of lots within the subdivision; alters a public right-of- way, a public easement, or public infrastructure within the subdivision; or alters a common area or other common amenity within the subdivision. This definition does not include a lot line adjustment, between a single lot and an adjoining lot or parcel, that alters the outside boundary of the subdivision.
SUBSTANTIAL ACTION:	Action taken in good faith to exercise development rights authorized pursuant to a development approval or use permitted under the authority of this title.
SUBSTANTIAL EVIDENCE:	Evidence that is beyond a scintilla and a reasonable mind would accept as adequate to support a conclusion.
SUBSTANTIAL IMPROVEMENT:	Any repair, reconstruction, or improvement of a structure, the cost of which equals or exceeds fifty percent (50%) of the market value of the structure either: a) before the improvement or repair is started; or b) if the structure has been damaged and is being restored, before the damage occurred. For the purpose of this definition "substantial improvement" is considered to occur when the first alteration of any wall, ceiling, floor, or other structural part of the building commences, whether or not that alteration affects the external dimensions of the structure. The term does not, however, include either:
	A. Any project for improvement of a structure to comply with existing state or local health, sanitary, or safety code specifications which are solely necessary to assure safe living conditions, or
	B. Any alteration of a structure listed on the national register of historic places or a state inventory of historic places.

 

TANDEM PARKING:	See definition of Parking, Tandem.
TATTOO ESTABLISHMENT:	Any location, place, area, structure, or business used for the practice of affixing a permanent mark or design on or under the skin by a process of cutting for the purpose of scarring or pricking or ingraining an indelible pigment, dye, or ink in the skin, or instruction for such a practice.
TAVERN:	An establishment licensed by the Utah alcoholic beverage control commission for serving liquor by the drink to the general public.
TEMPORARY DWELLING:	See definition of Dwelling, Temporary.
TEMPORARY TRAILER:	A temporary trailer or structure utilized solely by a builder during construction of a project for purposes incidental to the construction work on the property.
TRADE/ VOCATIONAL SCHOOL:	An establishment, for profit or not, conducting a course of instruction, training, or retraining to prepare individuals to follow an occupation or trade offering regularly scheduled instruction in technical, commercial or trade skills, such as, but not limited to, business, real estate, building and construction trades, electronics, computer programming and technology, automotive and aircraft mechanics and technology, and similar types of instruction.
TRAILER PARK:	Any area or tract of land used or designed to accommodate two (2) or more travel trailers or camping parties.
TRANSITIONAL CARE DEVELOPMENT:	A cohesive development created primarily for the care and housing of the elderly and/or persons with a disability. To qualify under this definition, the development must contain at least two (2) of the following land use classifications: A. Assisted living facility; B. Congregate housing facility; C. Dwelling, single-family or two-family or multiple- family;
	D. Hospice; E. Medical service, limited; or F. Nursing care facility.
TRANSITIONAL HOUSING FACILITY:	A facility owned, operated or contracted by a governmental entity, or a charitable, nonprofit organization, where, for no compensation, temporary housing for usually three (3) to twenty four (24) months is provided to homeless persons, while they obtain work, job skills, or otherwise take steps to stabilize their circumstances. A transitional housing facility shall not include a homeless shelter.
TRANSPORTATION SERVICE:	An establishment that moves people or goods and services. Typical uses include taxicab service, passengers autos for rent with drivers, ambulance service, and parcel delivery service.
TRAVEL TRAILER:	A vehicle, other than a motor vehicle, which is designed or used for temporary human habitation and for travel or recreational purposes, which is less than eight feet (8') in width and forty feet (40') in length, and which may be moved upon a public highway without a special permit or chauffeur's license without violating vehicle or traffic codes, including, but not limited to, camp trailers and folding tent trailers.
TREE, DECIDUOUS:	A tree species which sheds leaves at the end of each growing season.
TREE, EVERGREEN:	A tree species with needles or leaves that remain alive and on the tree through the winter months and into the next growing season.
TRUCK-TRACTOR:	A commercial vehicle: A. Designed and used primarily for drawing other vehicles; and B. Constructed to carry a part of the weight of the vehicle and load drawn by the truck-tractor.
TURF:	A surface layer of earth containing mowed grass with its roots. Includes the terms lawn and sod.
TURF, ARTIFICIAL:	Any of various synthetic, carpet like materials made to resemble turf.

 

UNDEVELOPED PROPERTY:	Any idle land that is not improved or actually in the process of being improved with residential, commercial, industrial, church, park, school or governmental facilities or other structures or improvements intended for human use occupancy and the grounds maintained in association therewith. The term shall be deemed to include property developed exclusively as a street or highway or property used for commercial agricultural purposes.
UNIQUE CHARACTERISTICS:	Elements of design that are regulated by this title which can be modified for businesses or properties within a zone.
USE:	Any purpose for which a lot, parcel or structure is designed, arranged or intended, or for which it is occupied or maintained.
USE, ACCESSORY:	A use incidental and subordinate to a permitted or conditional use and located on the same lot or parcel as such use.
USE, CONDITIONAL:	A land use that, because of its unique characteristics or potential impact of the land use on the municipality, surrounding neighbors, or adjacent land uses, may not be compatible in some areas or may be compatible only if certain conditions are required that mitigate or eliminate the detrimental impacts.
USE, ILLEGAL:	A use that is not allowed where located as an accessory use, conditional use, permitted use, or nonconforming use.
USE, INCOMPATIBLE:	A use of land which is different in activity, intensity, or utilization which is or will be in conflict with uses on adjoining lots or parcels.
USE, MAIN:	The primary purpose for which a lot, parcel or structure is designed, arranged or intended, or for which it is occupied or maintained as allowed by the provisions of this title.
USE, NONCONFORMING:	A main use of land that: A. Legally existed before the current zoning designation of the land where the use is located; B. Has been maintained continuously since the time the zoning designation governing the land changed; and C. Because of subsequent zoning changes does not conform with applicable requirements of this title.
USE, PERMITTED:	A main use of a building or land allowed in one or more of the respective zones set forth in this title without specific approval of the planning commission or city council subject to compliance with applicable provisions of this title.
USE, TEMPORARY:	A use not allowed as a permitted, conditional or accessory use where located and which is established for a limited time with the intent to discontinue the use upon expiration of the time period authorized by a temporary use permit.
UTILITY, MAJOR:	A facility, other than collection or distribution lines or supporting structures thereto, of any agency which, under public franchise or ownership, provides a majority of the general public and/or businesses directly with electricity, gas, heat, steam, communication, rail transportation, water, sewage collection or other similar service within the corporate boundaries of Draper City. The term "utility" shall not be construed to include corporate or general offices, storage or service buildings or yards, gas or oil processing, manufacturing or storage facilities or postal facilities, or other uses defined in this section. Typical uses include commercial radio, television and microwave communication towers, electric generation plants or substations, railroad switching yards, reservoirs, sanitary landfills and water and wastewater treatment plants which provide direct services to a majority of Draper City businesses and residents.
UTILITY, MINOR:	Facilities of agencies that are under public franchise or ownership to provide services deemed necessary to support development which involve only minor structures, such as poles and lines, but not including public utility substations.

 

VARIANCE:	A modification granted by the appeals and variance hearing officer to a zoning requirement for height, bulk, area, width, setback, separation, or other numerical or quantitative requirement for a building or structure or other site improvements as set forth in this title.
VEHICLE:	A properly licensed automobile, truck, trailer, boat or other device in which a person or thing is or can be transported from one place to another or a bicycle.
VEHICLE RENTAL:	An establishment engaged in the rental from the premises of motorized vehicles, along with incidental service or maintenance. Typical uses include used automobile and truck rentals, boat rentals, recreational vehicle rentals, and motorcycle rentals. Vehicle rental businesses may include incidental and infrequent sales of vehicles in order to turn over inventory.
VEHICLE REPAIR, GENERAL:	An establishment providing motor vehicle repair or maintenance services within completely enclosed buildings, including paint and body shops or other general vehicle repair services which have associated storage, overnight or otherwise, of vehicles, equipment, supplies, parts, or inventory in an enclosed area outside of the building.
VEHICLE REPAIR, LIMITED:	An establishment providing motor vehicle repair or maintenance services within completely enclosed buildings, including paint and body shops or other general vehicle repair services which have no storage, overnight or otherwise, of vehicles, equipment, supplies, parts, or inventory outside of the building.
VEHICLE SALE:	An establishment engaged in the retail sale or wholesale from the premises of motorized vehicles, along with incidental service or maintenance. Typical uses include new and used automobile and truck sales, boat sales, recreational vehicle sales, and motorcycle sales.
VETERINARY SERVICE:	An establishment providing medical care and treatment for animals, which may include accessory grooming or boarding services.
VICINITY PLAN:	A drawing showing the relationship of proposed real property development to adjoining property.

 

WAREHOUSE, SELF- SERVICE STORAGE:	An enclosed storage facility of a commercial nature containing independent, fully enclosed bays which are leased to persons exclusively for storage of their household goods or personal property.
WATER- CONSERVING PLANT:	A plant that can generally survive with available rainfall once established although supplemental irrigation may be needed or desirable during times of limited rainfall. Synonymous with the terms water- wise plantings, drought tolerant plant and xeriscape landscaping.
WHOLESALE AND WAREHOUSING, GENERAL:	An establishment that is primarily engaged in the storage and sale of goods to other firms for resale, as well as activities involving significant movement and storage of products or equipment. Uses include major mail distribution centers, frozen food lockers, moving and storage firms, and warehousing and storage facilities.
WHOLESALE AND WAREHOUSING, LIMITED:	An establishment that is engaged in the small scale storage and sale of goods to other businesses for resale, excluding self-storage warehouses, major distribution centers, motor freight terminals, moving and storage firms and similar high volume, high turnover facilities. No outside storage is permitted.
WIRELESS TELECOMMUNICA- TION FACILITY:	An unmanned structure consisting of antennas, antenna support structures, or other equipment used to provide personal wireless services as set forth in section 704 of the Telecommunications Act of 1996.
YARD:	An open space on a lot or parcel that is unoccupied and unobstructed from the ground upwards by buildings, except as specifically provided in this title.
YARD, FRONT:	A space extending across the full width of a lot or parcel between the front building line and the front lot line. The depth of the front yard is the minimum distance required by this title between the front lot line and the front building line.
YARD MEASUREMENT:	In measuring a yard for the purpose of determining the width of a side yard, the depth of a front yard or the depth of a rear yard, the least horizontal distance between a lot line and a building.
YARD, REAR:	A space extending across the full width of a lot or parcel between the rear building line and rear lot line. The depth of the rear yard is the minimum distance required by this title between the rear lot line and rear building line.
YARD, SIDE:	A space extending from the front yard to the rear yard between the side building line and the side lot line. The width of the side yard is the minimum distance required by this title between the side lot line and the side building line.
ZONE:	An area of the incorporated territory of the City which has been given a designation which regulates and restricts the erection, construction, reconstruction, alteration, repair or use of buildings or structures, or the use of land all as set forth in this title.
ZONING ADMINISTRATOR:	The person designated by the City Manager charged with principal responsibility for interpreting and applying the provisions of this title.
ZONING ORDINANCE:	The regulations contained in this title. (Ord. 949, 10-5-2010; amd. Ord. 957, 12-14-2010; Ord. 976, 7-19-2011; Ord. 986, 3-20-2012; Ord. 1032, 10-23-2012; Ord. 1085, 3-4-2014; Ord. 1132, 2-17-2015; Ord. 1185, 1-26-2016; Ord. 1320, 4-10-2018; Ord. 1328, 6-5-2018; Ord. 1349, 9-4-2018; Ord. 1389, 4-16-2019; Ord. 1394, 6-18-2019; Ord. 1395, 7-2-2019, eff. retroactive to 5-9-2019; Ord. 1408, 10-15-2019; Ord. 1418, 1-21-2020; Ord. 1431, 5-5-2020; Ord. 1437, 5-19-2020; Ord. 1454, 11-10-2020; Ord. 1474, 2-2-2021; Ord. 1479, 2-16-2021; Ord. 1475, 3-2-2021; Ord. 1488, 5-4-2021; Ord. 1497, 7-20-2021; Ord. 1498, 8-3-2021; Ord. 1499, 9-21-2021; Ord. 1535, 5-3-2022; Ord. 1583, 6-20-2023; Ord. 1601, 1-16-2024)