For the purpose of this title, certain words and terms that are found herein shall be defined as found in this chapter. As they are defined in this chapter, words used in the present tense shall also include the future tense; words in the singular number shall also include the plural, and the plural the singular, words not included herein but which are defined in any adopted Building Codes, shall be defined therein.
ABANDONED: A use, structure or object when that use, structure or object has not been used, maintained or practiced for a continuous period of one year.
ACCESSORY BUILDING: A detached building or structure in which the use of is incidental to and subordinate to that of the main building or structure and is located on the same lot occupied by the main building. It does not include any building or structure that contains habitable space as defined by the International Building Code.
ACCESSORY USE: A use conducted on the same lot as the primary use or structure which is incidental to and subordinate to the prescribed permitted primary use within any respective zoning provisions excluding buildings or spaces within buildings for living, sleeping, eating, or cooking.
AGRICULTURE: The tilling of the soil, the raising of crops, horticulture and gardening, the keeping and raising of farm animals and fowl. This definition shall not include any agricultural industry or business such as fruit packing plants, fur farms, animal hospitals or similar uses.
ALLEY: A public thoroughfare for the use of pedestrians and vehicles which affords, or is designated or intended to afford, a secondary means of access to abutting properties.
APARTMENT: A rented room, or a suite of two (2) or more rented rooms designated for, or intended for, or occupied by, one family for living and sleeping purposes.
AREA: The aggregate of the maximum horizontal cross section within given boundaries.
BASEMENT: A story partly or wholly underground. A basement shall be counted as a story for height measurement where more than one- half (1/2) of its height is above the average level of the adjoining ground or where more than three-fourths (3/4) of any wall is above the level of the adjoining ground.
BUILDING: A permanently located structure for the shelter, housing or enclosure of any person, animal, article or chattel. When any portion thereof is completely separate from every other portion thereof by a division wall or firewall, without openings, each such portion shall be a separate building. The term "building" shall not include any form of vehicle, even though immobilized. Where this title requires, or where special authority granted pursuant to this title requires, that a use shall be entirely enclosed within a building, this definition shall be qualified by adding "and enclosed on all sides".
BUILDING, ATTACHED: A building connected by any two (2) of the following: a common wall, a continuous wall, a continuous foundation, or a continuous roofline. Walls or fences, patios, porches, terraces or other roofed accessory uses open on at least two (2) sides shall not constitute an attached building.
BUILDING HEIGHT: The vertical distance measured from the average elevation of the finished grade of the front yard to a point midway between the highest and the lowest point of the roof.
BUILDING, MAIN: The principal building on a lot or building site designed or used to accommodate the primary use to which the premises are 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 shall be construed to be a main building.
CARPORT: A covered automobile parking space not completely enclosed by walls or doors. A carport shall be subject to all of the regulations described in this title for a private garage.
CONDOMINIUM: A residential structure consisting of two (2) or more units, each under individual ownership, but each subject to certain joint agreements and covenants.
DENSITY: The number of dwellings per acre of land in which public and private streets, existing or proposed, and other publicly dedicated areas, existing or proposed, are not included in the total acreage.
DWELLING: A building or portion thereof designed or used for residential occupancy, including one-family, two-family, multiple-family and apartment structures, but shall not include boarding, rooming or lodging houses, tents, trailers, mobile home parks, motels, motor courts, motor lodges, cottage camps, or similar structures designed or used primarily for transient residential uses.
DWELLING, MULTIPLE-FAMILY: A dwelling designed for occupancy by three (3) or more families, living independently of each other, and containing three (3) or more dwelling units.
DWELLING, ONE-FAMILY: A detached building arranged, designed for, or intended to be occupied by not more than one family.
DWELLING, TWO-FAMILY: A dwelling designed for occupancy by two (2) families, living independently of each other, and containing two (2) dwelling units.
FAMILY: An individual or two (2) or more persons related by blood, marriage or adoption living together in a dwelling unit. For the purpose of this title, paying tenants in excess of two (2) shall be considered as boarders or roomers, and the building in which they abide shall be considered as a boarding or rooming house.
FLAG LOT: A concept of lot design in which a single lot is connected to a public access or street by a lot right-of-way no less than twenty feet (20') in width.
FLOOR AREA: The sum or the gross horizontal area of the several floors of a building excluding carports, porches, attached garages, breezeways, patios and cellars and basement floor areas as defined by the Building Code.
FRONTAGE: All of the property abutting on one side of a street and lying between the two (2) nearest intersections or intercepting streets, or between a street and a waterway, end of a dead end street, or political subdivision boundary, measured along the street line. An intercepting street shall determine only the length of frontage along the side of the street which it intercepts.
GARAGE, PRIVATE: An accessory building or an accessory portion of the main building, designed and/or used only for the shelter or storage of vehicles owned or operated by the occupants of the main building, and in which no business for profit is conducted.
GRADE: The elevation of the finished surface of the ground adjacent to the exterior walls of the building or structure, except where the exterior walls are parallel to and within thirty feet (30') of the sidewalk, the elevation of the sidewalk at the center of such exterior wall or walls shall be taken as the grade.
HOSPITAL, NURSING OR REST HOME: A building or any portion thereof, designed for the housing of sick, injured, convalescent or infirm persons, provided that this definition shall not include rooms in any single-, two-, or three-family dwelling, hotel, apartment hotel, or other building not ordinarily designed or intended to be occupied by such persons.
HOTEL: A building designed or used as the temporary abiding place of individuals who are lodged, with or without meals, for compensation, and in which there are more than ten (10) sleeping rooms usually occupied singly, and in which no provision is made for cooking in any guestroom.
HOUSEHOLD PETS: Animals or fowl ordinarily permitted in the house and kept for company or pleasure, and not for profit, such as dogs, cats and canaries, but not including a sufficient number of dogs to constitute a kennel. Household pets shall not include any animals or fowl commonly regarded as farm animals. Household pets shall not include any animals or fowl which are capable of inflicting harm or discomfort or endangering the health, safety or welfare of any person or property. The number of household pets shall be limited to that allowed by the provisions of each respective zone as set forth in this title.
INTERNAL ACCESSORY DWELLING UNIT: 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.
JUNKYARD OR AUTOMOBILE WRECKING YARD: Any lot, land or area used for the storage, keeping, dismantling or abandonment of junk automobiles, household furniture, and appliances, machinery, scrap material, or parts thereof. Any more than two (2) such items on one property constitute a junkyard or automobile wrecking yard.
KENNEL: An establishment kept for the purpose of housing, breeding, selling or boarding more than two (2) dogs or cats or engaged in the training of dogs or cats.
KITCHEN: Any room and/or other place used, or intended, or designed to be used for cooking, or for the preparation of food.
LOT: A parcel of real property shown as a delineated parcel of land with a number and designation on the final plat of a subdivision, recorded in the Office of the County Recorder of Weber County, or a parcel of land the dimensions or boundaries of which are defined by a record of survey map recorded in the Office of the County Recorder of Weber County, in accordance with the law regulating the division of the land, or a parcel of real property not delineated as described above, containing not less than the prescribed minimum area required in the zone in which it is located and which abuts at least one public street or easement with the required "lot frontage" as defined in this section and which the Planning Commission has designated adequate for access purposes, and is held under one ownership. In Single-Family Residential Zones, not more than one dwelling unit shall occupy any one lot.
LOT AREA: The total buildable area measured on a horizontal plane, included within the lot line of the lot or parcel of land.
LOT, CORNER: A lot situated at the intersection of two (2) or more streets, which streets shall have an angle of intersection of not more than one hundred thirty five degrees (135°).
LOT, DOUBLE FRONTAGE: A lot having a frontage on two (2) parallel or approximately parallel streets. For the purpose of this title, such lots shall have two (2) street frontages.
LOT FRONTAGE: The distance a lot extends along a street usually measured along the front lot line. Minimum lot frontage for any lot is twenty feet (20').
LOT LINE, FRONT: A line separating an interior lot from a street. In the case of a corner lot, the side bordering the street which has the smallest dimension shall be the front lot line.
LOT LINE, REAR: The recorded lot line or lines most distant from and generally opposite the front lot line, except that in the case of an interior triangular or gore shaped lot, it shall mean a straight line ten feet (10') in length which is: a) parallel to the front lot line or its chord; and b) intersects the two (2) other lot lines at points most distant from the front lot line.
LOT LINE, SIDE: Any lot boundary line which is not a front lot line or a rear lot line.
LOT WIDTH: The distance across a lot or parcel or property measured at the front setback line.
MOBILE HOME: A vehicle, other than a motor vehicle with attached axles and wheels which may be used for permanent or semipermanent housing for human occupancy, and which is designed to be drawn by a motor vehicle. The term "mobile home" shall also include any vehicle meeting the above description which is used for office, classroom, laboratory, processing, manufacturing, retail sales, or other such use.
MOTEL:
A. Class 1: A building or group of buildings containing sleeping rooms designed for temporary use by automobile tourists, and in which provisions are made for no more than ten percent (10%) kitchenettes, and which may provide for a coffee shop, convention center or any amenities for the convenience of the general traveling public.
B. Class 2: A building or group of buildings containing sleeping rooms designed for the temporary use by automobile tourists or transients, and which may provide kitchen facilities for each guestroom within the building or structure.
NONCONFORMING BUILDING OR STRUCTURE: A building or structure or portion thereof lawfully existing at the time this title became effective, erected or structurally altered for a use that does not conform to the regulations of the zone in which it is now located.
NONCONFORMING USE: A use which was lawfully established and maintained, but which, because of the application of this title, no longer conforms to the use regulations of the zone in which it is located.
OFFICES: A building, room or department wherein a business or service for others is transacted but not including storage or sale of merchandise on the premises.
PARCEL: See definition of lot.
PARKING AREA: An open area, other than a street or alley, used for the parking of more than five (5) automobiles, whether free, for compensation, or as an accommodation.
PARKING SPACE: A permanently surfaced area of not less than nine feet by twenty feet (9' x 20'), exclusive of access or maneuvering area, ramps or columns, to be used exclusively as temporary storage space for one private motor vehicle.
PERSON: An individual, an association, a firm, a copartnership, a corporation or any similar legal entity.
PERSONAL SERVICES: Uses which are primarily the serving of the daily convenience needs of individuals. Examples of such uses are bakeries, drugstores, newspaper and magazine stores, gift stores, banks, beauty and barber services, laundry and dry cleaning, and so on.
PLANNING COMMISSION: The Planning Commission of the City of Farr West, as duly appointed under the provision of State law.
PRIMARY DWELLING: A single-family dwelling that:
A. Is detached; and
B. Is occupied as the primary residence of the owner of record.
PUBLIC: A use or facility owned and/or operated exclusively by a public body, having the purpose of serving the public health, safety or general welfare.
QUASI-PUBLIC: A use or facility owned and/or operated by a private nonprofit, religious, recreational, charitable or philanthropic institution, such use having the purpose primarily of serving the general public, such as a church, hospital, private university, or similar use.
RESIDENCE, RESIDENTIAL FACILITY: Any building or portion thereof where an individual is actually living at a given point and time and intends to remain, and not a place of temporary sojourn or transient visit.
RESIDENTIAL BUSINESS: Any income producing use conducted entirely within the dwelling unit and carried on only by persons residing in the dwelling unit, which use is clearly incidental, secondary and compatible to the use of the residential use of the building. In general, a residential business is an accessory use so located and conducted, that the average neighbor, under normal conditions, would be unaware of its existence.
RESIDENTIAL FACILITY FOR ELDERLY PERSONS: A dwelling unit that is occupied on a twenty four (24) hour per day basis by eight (8) or fewer elderly persons in a family type arrangement. A residential facility for elderly persons shall not include any of the following:
A. A facility which is operated as a business; provided that such facility may not be considered to be operated as a business solely because a fee is charged for food or for actual and necessary costs of preparation and maintenance of the facility;
B. A facility where persons being treated for alcoholism or drug abuse are placed; a facility where placement is not on a strictly voluntary basis or where placement is part of, or in lieu of, confinement, rehabilitation, or treatment in a correctional institution; or a facility which is a healthcare facility as defined by title 26, chapter 21, section 2, Utah Code Annotated, 1953, as amended; or a facility which is a residential facility for persons with a disability.
RESIDENTIAL FACILITY FOR PERSONS WITH A DISABILITY: A residence in which more than one person with a disability resides and which is:
A. Licensed or certified by the Department of Human Services under title 62A, chapter 2 of the Utah Code, licensure of programs and facilities; or
B. Licensed or certified by the Department of Human Health under title 26, chapter 21 of the Utah Code, titled the Health Care Facilities Licensing and Inspection Act.
RETAIL, GENERAL: Stores or shops intended for retail sales of goods or merchandise. Such stores or shops include, but are not limited to, department stores, convenience stores, discount stores, and grocery stores.
SIGNS: Any words, lettering, parts of letters, figures, numerals, phrases, sentences, devices, designs, pictures, trade names or trademarks by which anything is made known, such as are used to designate a firm, an association, a corporation, a profession, a business, a service or commodity, a product, or any type of publicity or propaganda, whether placed on the ground, rocks, trees, stumps or other natural objects, or on a building, wall, roof, frame, support, fence or other manmade object, which are visible from any street, public highway or public road right-of- way. For purpose of this title, the term "sign" does not include the flag, pennant or insignia of any nation, state, city or other political unit, or of a nonprofit organization. It shall not include any official notice issued by any court, or public body, or officer, or directional warning, or information sign, or structure required or authorized by law.
SITE PLAN: A plot plan for any proposed developmental activity which contains sufficient information concerning the proposed development to enable the commission to approve the proposal.
STORY: That portion of a building, other than a basement, included between the surface of any floor, and surface of the floor next above it, or if there is no floor above it, then the space between such floor and the ceiling above it.
STREET: A thoroughfare which has been dedicated to the public and accepted by proper public authority, or a thoroughfare by right of use, and which affords the principal means of access to abutting property; provided, that easements, walkways, and alleys shall not be considered as "streets", for the purpose of this title.
STRUCTURAL ALTERATIONS: Any change in the supporting members of a building, such as bearing walls, columns, beams, girders and floor joists, or roof joists.
STRUCTURE: Anything constructed or erected which is either located on the ground or attached to something having a location on the ground.
TRAVEL TRAILERS: A vehicle, other than a motor vehicle, which is intended or used for human habitation, and for travel or recreational purposes, which does not exceed 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 and without violating the provisions of the Vehicle Code.
USE: The purpose for which premises or a building thereon is designed, arranged or intended, or for which it is or may be occupied or maintained.
USE, ACCESSORY: See definition of accessory use.
USE, CONDITIONAL: A use or occupancy of a building, or use of land, permitted only when authorized upon issuance of a conditional use permit, and subject to the limitations and conditions specified therein as provided in chapter 17.48 of this title, intended to allow compatible integration of uses which may be suitable only in certain locations within a particular zone, or only upon certain conditions and/or design criteria being achieved.
USE, PERMITTED: A use or occupancy of a building, or use of land, permitted by right in the zone in which it is located.
VETERINARY SERVICE: An establishment for the care and treatment of animals, including household pets, livestock, and commercial poultry, all facilities to be within completely enclosed buildings, except for exercising runs.
YARD: A space on a lot or parcel, other than a court, unoccupied and unobstructed from the ground upward by buildings, except as otherwise provided in this title.
YARD, FRONT: An area extending across the full width of a lot or parcel, having at no point a depth of less than the minimum required horizontal distance between the front lot line, or its tangent, and the closest permissible location of the main building. The distance shall be measured by a line at right angles to the front lot line, or its tangent.
YARD, REAR: A yard extending across the full width of a lot or parcel, having at no point a depth of less than the minimum required horizontal distance as measured from the part of the main building nearest the rear lot line toward the rear lot line and such measurement shall be along a line representing the shortest distance between the part of the main building and the rear lot line. The required rear yard shall be that portion of the rear yard continuous to the rear lot line having at no point a depth less than that required for the rear yard. The area to the rear of the rear lot line of an interior triangle or gore shaped lot shall be considered a part of the required rear yard.
YARD, SIDE: A yard between the main building and the side lot line extending from the required front yard, or the front line where no front yard is required, to the rear yard, the width of which side yard shall be measured horizontally from, and at right angles to, the nearest point on the side lot line toward the nearest part of the main building.
ZONE: A portion of the incorporated territory of Farr West City which has been given a zone designation which provides for certain yards and open spaces and certain height and other limitations for buildings and which provides for certain uses. May also be referred to as a district. (Ord. 21-10: Ord. 2020-04 § 2: Ord. 2018-03: Ord. 2018-02:Ord. 2016-10: Ord. 2012-03: Ord. 06-01 §§ 3, 4, 5: Ord. 98-02 § 1: Ord. 93-003 § 7-1)