For the purpose of this title the following terms have the following meanings:
ABANDONMENT: See section 13.88.130 of this title.
ABUTTING: Properties which have a common property line or corner.
ACCESSORY BUILDING: A detached, subordinate building clearly incidental to and located upon the same lot occupied by the main building and occupied by or devoted to an accessory use. When an accessory building or structure is attached to the main building in a structurally substantial manner, by an enclosed conditioned space, such accessory building shall be considered part of the main building.
ACCESSORY STRUCTURE: A permanent or semi-permanent detached structure intended to provide ancillary support to a primary or accessory building and or land use. Examples may include but shall not be limited to; sporting ramps, swimming pool slides, faux rock landscaping features, playground equipment etc.. When an accessory structure is attached to the main or accessory building in a structurally substantial manner, such accessory structure shall be considered part of the building and required to meet the underlying zoning requirements, i.e. setbacks, height etc.
ACCESSORY USE: A use conducted on the same lot as the primary use or structure with which it is associated; and is a use which is clearly incidental to and customarily found in connection with such primary use; and is either in the same ownership as such primary use or is maintained and operated on the same lot substantially for the benefit or convenience of the owners, occupants, employees, customers or visitors of the primary use.
ADJACENT: Properties in close proximity which may, or may not have a common property line.
ADULT DAYCARE FACILITY: See definition of commercial daycare, adult.
AFFECTED ENTITY: A county, municipality, local district, special service district under Utah Code Annotated title 17D, chapter 1, Special Service District Act, school district, interlocal cooperation entity established under Utah Code Annotated title 11, chapter 13, Interlocal Cooperation Act, specified public utility, a property owner, a property owners' association, or the Utah Department of Transportation, or other political subdivision of the State of Utah if:
A. The entity's services or facilities are likely to require expansion or significant modification because of an intended use of land;
B. The entity has filed with the City a copy of the entity's general or long range plan; or
C. The entity has filed with the City a request for notice during the same calendar year and before the City provides notice to an affected entity in compliance with a requirement imposed under this title.
AGRICULTURE: The cultivation of land for the production of food, feed, fiber, and other goods by the systematic raising of plants including all associated equipment and buildings, but excluding the keeping or raising of livestock.
ALCOHOL RETAIL LICENSE, BAR ESTABLISHMENT: A business licensed by the UDABC to sell alcohol, wine, heavy beer and beer to public patrons for consumption on the premises. Such uses include:
A. An equity establishment (such as a country club),
B. A fraternal establishment, or
C. A bar establishment.
ALCOHOL RETAIL LICENSE, BREWERY: A business licensed by the Utah Department of Alcohol Beverage Control (UDABC) to manufacture, brew, store, transport or export beer and heavy beer.
ALCOHOL RETAIL LICENSE, OFF PREMISES BEER RETAILER: A place of business wherein beer is sold in original containers for consumption off the premises in accordance with the State's Liquor Control Act and the licensing ordinance of the City.
ALCOHOL RETAIL LICENSE, ON-PREMISES BANQUET AND CATERING: A business licensed by the UDABC to sell liquor, wine, heavy beer and beer to public patrons for consumption on the premises for contracted banquet activities in conjunction with a hotel, resort, sports facility, or convention center.
ALCOHOL RETAIL LICENSE, ON PREMISES BEER RETAILER: A business licensed by the UDABC for the sale of beer (not liquor) to public patrons for consumption on the premises, including restaurants, sports facilities and other food/beverage facilities. This definition does not include an on premises beer retailer - "tavern", as defined by the UDABC.
ALCOHOL RETAIL LICENSE, RESTAURANT - BEER ONLY: A business licensed by the UDABC for the sale of 3.2 percent beer for consumption on the premises of a restaurant that is engaged primarily in serving food to the general public, and maintains at least seventy percent (70%) of its total restaurant business from the sale of food.
ALCOHOL RETAIL LICENSE, RESTAURANT - FULL SERVICE: A business licensed by the UDABC for the sale of alcoholic beverages for consumption on the premises of a restaurant that is engaged primarily in serving food to the general public, and maintains at least seventy percent (70%) of its total restaurant business from the sale of food.
ALCOHOL RETAIL LICENSE, RESTAURANT - LIMITED SERVICE: A business licensed by the UDABC for the sale of wine, beer and heavy beer for consumption on the premises of a restaurant that is engaged primarily in serving food to the general public, and maintains at least seventy percent (70%) of its total restaurant business from the sale of food.
ALCOHOL RETAIL LICENSE, SINGLE EVENT PERMIT: A permit issued by the City for a specific event for a specific period of time and location and only available to groups, partnerships, limited liability corporations, churches, lodges or chapters of fraternal and social organizations or other bona fide organization and licensed by the UDABC for the sale of a specific range of alcoholic beverages to the general public or to the organization's invited guests for the duration of the event.
ALCOHOL RETAIL LICENSE, STATE STORE: A facility for the sale of packaged alcoholic beverages located on premises owned or leased by the State and operated by State employees.
ALCOHOL RETAIL LICENSE, TAVERN: A business licensed by the UDABC for the sale of beer (not liquor) to patrons for consumption on the premises.
ALLEY: A public thoroughfare less than twenty five feet (25') wide which affords a secondary means of access to abutting property.
ALLUVIAL FAN FLOODING: For the purposes of chapter 13.74, "Flood Damage Prevention Regulations", of this title, flooding occurring on the surface of an alluvial fan or similar landform which originates at the apex and is characterized by high velocity flows; active processes of erosion, sediment transport, and deposition; and unpredictable flow paths.
ALTERATION, STRUCTURAL ALTERATION OR RENOVATION: A change or rearrangement in the supporting members of an existing building, such as bearing walls, columns, beams, girders, or interior partitions, or a change in the dimensions or configurations of the roof or exterior walls, as well as a change in doors, windows, means of ingress or egress, or an expansion or diminution of a building or structure.
AMATEUR RADIO FACILITY: Any antenna and antenna support structure capable of transmitting as well as receiving signals and licensed by the Federal Communications Commission (FCC) to transmit amateur radio signals regardless of the transmission mode or frequency. For the purposes of this title, an amateur radio tower/antenna shall be considered an accessory structure and regulated as such (see chapter 13.83 of this title).
AMUSEMENT DEVICE: A video game, pinball, or other machine, whether mechanically or electronically operated that, upon insertion of a coin, trade token, slug, or similar object, or upon payment of money or other consideration through use of a metered or similar device, operates or may be operated as a game or contest of skill or amusement, and that contains no automatic payoff for the return of money or trade tokens, or that makes no provision whatever for the return of money to the player. An amusement device is further defined as a machine, apparatus, or contrivance that is used or that may be used as a game of skill and amusement wherein or whereby the player initiates, employs, or directs a force generated by the machine. An amusement device excludes a billiard, pool, or bagatelle table.
APEX: A point on an alluvial fan or similar landform below which the flow path of the major stream that formed the fan becomes unpredictable and alluvial fan flooding can occur.
APPEAL AUTHORITY: The person, board, commission, agency, or other body designated by ordinance to decide an appeal of a decision of a land use application or a variance.
ARCADE: A use which contains four (4) or more amusement devices.
AREA OF SHALLOW FLOODING: For the purposes of chapter 13.74, "Flood Damage Prevention Regulations", of this title, a designated AO, AH, or VO Zone on a community's flood insurance rate map (FIRM) with a one percent (1%) chance or greater annual chance of flooding to an average depth of one foot (1') to three feet (3') where a clearly defined channel does not exist, where the path of flooding is unpredictable and where velocity flow may be evident. Such flooding is characterized by ponding or sheet flow.
AREA OF SPECIAL FLOOD HAZARD: For the purposes of chapter 13.74, "Flood Damage Prevention Regulations", of this title, the land in the floodplain within a community subject to a one percent (1%) or greater chance of flooding in a given year. The area may be designated as Zone A, AE, AH, AO, A1-99, VO, V1-30, VE or V on the flood hazard boundary map (FHBM).
ASSISTED LIVING FACILITY: See definitions of group homes.
AUDITORIUM, EXHIBIT HALL, CONVENTION CENTER: A use, indoors or outdoors, where: an audience is seated for a performance; a group or individuals may view an art, science, or other fixed exhibition; or a room or set of rooms used for the purpose of meetings, education, group food service, and/or other events for a large number of patrons.
AVALANCHE: A mass of snow, ice, soil and/or rock in swift motion down a slope.
BANKING AND CREDIT SERVICES: A use licensed to receive money on current or deposit account, the exchange and/or issue of money, the extension of credit and/or facilitating the transmission of funds, excluding such businesses as payday loans and check cashing services.
BASE FLOOD: A flood having a one percent (1%) chance of being equaled or exceeded in a given year.
BASEMENT: An area of the building having its floor subgrade (below ground level) on all sides.
BED AND BREAKFAST: (See chapter 13.76 of this title.) A dwelling containing a maximum of five (5) guestrooms, and occupied by the owner or individual responsible for operating the facility, and used for accommodations or lodging of guests for compensation.
BENCH MARK: A mark affixed to a permanent or semipermanent object along a line of survey to furnish a datum level.
BILLBOARD: See definition of sign, off premises (billboard).
BLOOD PLASMA FACILITY: An indoor medical establishment designed for the collection and processing of human blood. Such facilities are often subordinate to and made an ancillary part of a city or county authorized medical clinic where one or more doctors are present on-premises or are part of a medical laboratory facility.
BOARDER: A person living in a rented room in a boarding house, excluding the boarding house operator or members of the operator's immediate family who reside on the premises with the operator.
BUILDABLE AREA: The portion of a lot within which a building/structure may be built, which is bounded by the required setbacks.
BUILDING: A structure having a roof, supported by columns or walls, for the housing or enclosure of persons, animals, or chattels.
BUILDING, ELEVATED: For the purposes of chapter 13.74, "Flood Damage Prevention Regulations", of this title, a nonbasement building:
A. Built, in the case of a building in zones A1-30, AE, A, A99, AO, AH, B, C, X, and D, as adopted as part of the national flood insurance program regulations, to have the top of the elevated floor, or in the case of a building in zones V1-30, VE, or V, to have the bottom of the lowest horizontal structure member of the elevated floor elevated above the ground level by means of pilings, columns (posts and piers), or shear walls parallel to the floor of the water and
B. Adequately anchored so as not to impair the structural integrity of the building during a flood of up to the magnitude of the base flood. In the case of zones A1-30, AE, A, A99, AO, AH, B, C, X, and D, "elevated building" also includes a building elevated by means of fill or solid foundation perimeter walls with openings sufficient to facilitate the unimpeded movement of floodwaters.
In the case of zones V1-30, VE, or V, "elevated building" also includes a building otherwise meeting the definition of "elevated building", even though the lower area is enclosed by means of breakaway walls if the breakaway walls meet the standards of section 60.3(e)(5) of the national flood insurance program regulations.
BUILDING ENVELOPE: The three-dimensional space in which a building or structure may be constructed on a lot as delineated by setbacks and building height restrictions.
BUILDING FACE: Any single side of a building.
BUILDING, HEIGHT OF:
A. The vertical distance above the lowest original ground surface at a point on the perimeter of the building to the highest point of the coping of a flat roof, or to the deck line of a mansard roof, or to the ridge or highest point of a pitched or hipped roof.
B. Buildings may be stepped to accommodate the slope of the terrain; provided, that each step shall be at least twelve feet (12') in horizontal dimension. The height of each stepped building segment shall be measured as provided in subsection A of this definition. (See section 13.04.050, figure 13.04.050.1 of this chapter.)
C. For the purpose of this definition "original ground surface" means the elevation of the ground surface in its natural state before manmade alterations, including, but not limited to, grading, excavation, or filling, excluding improvements required by land use ordinances. When the elevation of the original ground surface is not readily apparent because of previous manmade alterations, the elevation of the original grade shall be determined by the community development department using the best information available.
BUILDING LINE: The line of that face, or corner, or part of a building nearest a property line.
BUILDING, MAIN: The primary building or one of the primary buildings upon a lot, housing a primary use upon the lot.
BUILDING MATERIALS SALES AND SERVICES: A business 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, home improvement centers, lawn and garden supply stores, construction equipment sales and rental, electrical, plumbing, air conditioning and heating supply stores, swimming pool sales, construction and trade contractors' offices and storage yards.
BUILDING SITE: A space of ground occupied or to be occupied by a building or group of buildings.
CANAL: An artificial waterway for the collection and conveyance of irrigation water and/or stormwater.
CANOPY: A roofed structure supported by a building and/or supports extending to the ground directly underneath the canopy, and providing a protective shield for areas such as service station pump islands and walkways.
CARPORT: A private garage not completely enclosed by walls or doors. For the purpose of this title, a carport shall be subject to all of the regulations prescribed for a private garage.
CARTWAY, TRAVELED WAY: The paved area of a street between the curbs, including travel lanes and parking areas, but not including shoulders, curbs, sidewalks, or swales. If curbs are lacking and parking is restricted to shoulders, the cartway is defined as the traveled way (exclusive of shoulders).
CEMETERY: A property used for the interring of the dead, including a mausoleum, or columbarium when operated in conjunction with and within the boundaries of such cemetery.
CHARTER SCHOOL:
A. An operating charter school;
B. A charter school applicant that has its application approved by a chartering entity in accordance with Utah Code, title 53A, chapter 1a, part 5, the Utah Charter Schools Act; and
C. An entity working on behalf of a charter school or approved charter applicant to develop or construct a charter school building.
CHURCH/RELIGIOUS INSTITUTION: See definition of quasi-public use.
CITY: The City of Holladay.
CITY COUNCIL: The City Council of the City of Holladay.
CLEAR CUTTING: The removal of sixty percent (60%) or more of the tree canopy from a lot or parcel on which no person resides at the time of the removal.
CLUSTERING: A development or subdivision design technique that concentrates buildings or lots on a part of a site to allow remaining land to be used for recreation, common open space, and/or preservation of environmentally sensitive areas.
COMMERCIAL DAYCARE, ADULT: A use for the care and supervision of three (3) or more adults at least eighteen (18) years of age for less than twenty four (24) hours a day, and licensed by the State of Utah.
COMMERCIAL DAYCARE, CHILD: A use for the care or training of children for less than twenty four (24) hours a day where tuition, fees, or other forms of compensation for the care of the client is charged, and which is licensed or approved to operate as a daycare or preschool facility.
COMMERCIAL KENNEL: A use having three (3) or more dogs for the purpose of boarding, breeding, buying, grooming, training for fee, or sale.
COMMERCIAL PRESCHOOL FACILITY: A use for the education of three (3) or more children before the commencement of statutory education, usually between the ages of two (2) and five (5), and licensed by the State of Utah.
COMMUNITY DEVELOPMENT DIRECTOR: The City of Holladay Community Development Director.
COMPLETION BOND: A cashier's check, irrevocable letter of credit, or escrow agreement, in amount, form and content specified by the City and filed with the City for the purpose of ensuring completion of improvements required under this title.
CONDITIONAL USE: A land use that, because of its unique characteristics or potential impact on the City, 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.
CORRAL: A space, other than a building, less than one acre in area or less than one hundred feet (100') in width, used for the confinement of animals.
COUNTY: Salt Lake County, Utah.
CRITICAL FACILITIES: Essential and hazardous facilities and special occupancy structures as defined in chapter 13.75 of this title.
CRITICAL FEATURE: For the purposes of chapter 13.74, "Flood Damage Prevention Regulations", of this title, an integral and readily identifiable part of a flood protection system, without which the flood protection provided by the entire system would be compromised.
CRITICAL ROOT ZONE: The minimum volume necessary for maintenance of tree health and stability that is calculated by measuring the diameter of the subject tree at breast height. Every inch of tree trunk diameter equates to one linear foot of distance outward from the trunk in all directions.
CUL-DE-SAC: A minor street having one open end and being terminated at the other by a vehicular turnaround.
CULINARY WATER AUTHORITY: The department, agency, or public entity with responsibility to review and approve the feasibility of the culinary water system and sources for the subject property.
dbh (DIAMETER AT BREAST HEIGHT): The trunk diameter measurement of a non-transplantable tree, taken four and one-half feet (4.5') above the ground line.
DENSITY, MAXIMUM: The total number of lots or dwelling units allowed by the application of a standard subdivision design, using the minimum lot size, width, and setback dimensions required by each unique zone.
DEVELOPMENT, DEVELOPMENT ACTIVITY: Construction or expansion of a building, structure, or the establishment of a use that creates additional demand and need for public facilities; a change in use of a building or structure that creates additional demand and need for public facilities; or a change in the use of land or occupancy that creates additional demand and need for public facilities.
DISABILITY: A physical or mental impairment that substantially limits one or more of a person's major life activities, including a person having a record of such impairment or being regarded as having such impairment. The following definitions are incorporated into the definition of disability:
A. Disability does not include current illegal use of, or addiction to, a Federally controlled substance as defined in section 102 of the Controlled Substances Act, 21 USC 802, or as defined under title 58, chapter 37, Utah Code Annotated, 1953, as amended;
B. A physical or mental impairment includes the following:
1. A 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. A mental or psychological disorder, such as mental retardation, organic brain syndrome, emotional or mental illness, and specific learning disabilities; or
3. 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 (HIV), drug addiction (other than addiction caused by current, illegal use of controlled substances) and alcoholism.
DISINFECTING AND EXTERMINATING SERVICES: A use providing services for the control and elimination of insects, rodents, or other pests.
DITCH OR LATERAL: A narrow channel used to collect or convey irrigation water or stormwater to and from a canal and individual properties, typically owned by a private company or individual property owners.
DOMESTIC STAFF: Persons employed or residing on the premises of a dwelling or other residential facility to perform domestic services or to assist residents in performing major life activities.
DRIP ZONE: For purposes of chapter 13.77, "Landscaping", of this title the drip zone is calculated by measuring the diameter of the tree at a height of five feet (5') from ground level. Every inch of tree trunk diameter equates to one foot (1') of drip zone.
DRIVE-THROUGH: A facility which accommodates patrons' automobiles and from which the occupants of the automobile may make purchases or transact business.
DRUGSTORE (PHARMACY): A facility where prescription drugs are filled and dispensed by a pharmacist licensed under the laws of the State of Utah and where other medically related items and services may be sold.
DRY CLEANING: A facility where textiles and clothing are cleaned by the use of an organic solvent rather than water.
DWELLING, ACCESSORY UNIT (ADU): One habitable living unit added to, created within, or detached from a primary owner-occupied single-family dwelling and contained on one lot. ADUs are subject to the approval of a Building Permit (13.08.100) and the issuance of a Certificate of Occupancy (13.04.050 and 13.01.060); and if the ADU is being rented, the annual review and approval of a License (5.68.020).
A. Internal Accessory Dwelling Unit (IADU): One accessory dwelling unit created within the owner-occupied primary dwelling unit or within the footprint of the primary dwelling unit that is connected in a structurally substantial manner by an enclosed conditioned space.
B. External Accessory Dwelling Unit (EADU): One accessory dwelling unit designed as a detached structure located on the same lot as, and subordinate to, a primary dwelling unit. Up to two (2) occupiable units on any lot.
DWELLING, DWELLING UNIT:
A. A building, or portion thereof, which is one or more rooms physically arranged so as to create an independent housekeeping establishment for occupancy by one family with separate toilets and facilities for cooking and sleeping.
B. Buildings with more than one kitchen or set of cooking facilities are considered to contain more than one dwelling unit unless the additional cooking facilities are clearly accessory to a dwelling unit as determined by the Community and Economic Development Director. Factors for determining whether cooking facilities are accessory to a dwelling unit may include, but are not limited to:
1. A building design which allows all occupants ready access to all portions of the building including cooking facilities;
2. No portion of the building containing cooking facilities can be separated from the remaining rooms to form a separate dwelling unit;
3. There is only one electric and/or gas meter for the building.
DWELLING, MULTIPLE-FAMILY: A building or portion thereof, designed or intended to be used for occupancy by three (3) or more families living independently of each other and containing three (3) or more dwelling units.
DWELLING, PRIMARY: A single-family dwelling unit that is detached and occupied as the primary residence of the owner of record.
DWELLING, RENTAL: A building or portion of a building used as a home or residence by one or more persons available to be rented, loaned, leased, or hired out for a period of 30 consecutive days or longer.
DWELLING, SINGLE-FAMILY: A building arranged or designed to be occupied by one or two (2) families living independently of each other, the structure having one dwelling unit and one approved Internal Accessory Dwelling Unit.
DWELLING, TWO-FAMILY (DUPLEX): A single building under a continuous roof containing two (2) dwelling units completely separated by either: a) a common interior wall, where the units are side by side; or b) a common interior floor, where the units are one above the other. A common wall may be located within an attached garage used for the storage of private automobiles.
DWELLING UNIT, ATTACHED: Two (2) or more dwelling units together in a single building under a continuous roof that are completely separated by either: a) a common interior wall, where the units are side by side; or b) a common interior floor where the units are one above the other. A common wall may be located within an attached garage used for the storage of private automobiles.
EASEMENT: The quantity of land set aside or over which a liberty, privilege or advantage in land without profit, existing distinct from the ownership of the land, is granted to the public or some particular person or part of the public.
EDUCATION AND SCIENTIFIC RESEARCH FACILITY, MEDICAL AND DENTAL LABORATORY: A use engaging in research, testing or evaluation of materials or products, prototype design and development and/or precision fabrication of articles for on or off site orders.
EDUCATIONAL FACILITY, PRIVATE: A building or group of buildings and associated grounds designed, constructed, or used for instruction in a branch of knowledge and having a curriculum similar to that of a public school. This use may include laboratory and shop instruction using demonstration vehicles, products, or models incidental to such instruction. This use does not include repair, maintenance, or manufacture of vehicles, goods, or merchandise and does not include providing direct services to the general public other than instruction. For the purpose of this title, this use includes "trade" and "vocational" schools.
EDUCATIONAL FACILITY, PUBLIC: A school district building in which pupils assemble to receive instruction in a program for some combination of grades from preschool through grade 12, including kindergarten; a program for children with disabilities; a structure or facility located on the same property as a building described above and used in support of the use of that building; and a building to provide office and related space to a school district's administrative personnel.
A. For the purpose of this title, this definition does not include land or a structure, including land or a structure for inventory storage, equipment storage, food processing or preparing, vehicle storage or maintenance, or other use in support of providing instruction to pupils, that is not located on the same property as a building described above and used in support of the purposes of a building described above.
B. This definition does not include home occupations represented as schools, trade schools, charm schools, dancing schools, music schools or similar limited schools, or private universities or colleges.
ELDERLY PERSON: For the purposes of chapter 13.98 of this title, a person who is sixty (60) years or older, who desires or needs to live with other elderly persons in a group setting, but who is capable of living independently.
EQUIPMENT RENTAL AND LEASING: A business primarily engaged in the rental of equipment, appliances, and other machines.
EXISTING CONSTRUCTION: For the purposes of chapter 13.74, "Flood Damage Prevention Regulations", of this title, for the purposes of determining rates, structures for which the "start of construction" commenced before the effective date of the FIRM or before January 1, 1975, for FIRMs effective before that date. "Existing construction" may also be referred to as "existing structures".
EXISTING MANUFACTURED HOME PARK OR SUBDIVISION: For the purposes of chapter 13.74, "Flood Damage Prevention Regulations", of this title, a manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including, at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed before the effective date of the floodplain management regulations adopted by ordinance 09-18, September 17, 2009.
EXPANSION: An increase in the size of an existing structure or use, including physical size of the property, building, parking, and other improvements.
EXPANSION TO AN EXISTING MANUFACTURED HOME PARK OR SUBDIVISION: For the purposes of chapter 13.74, "Flood Damage Prevention Regulations", of this title, the preparation of additional sites by the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads).
FAMILY: Family is defined as one of the following, but not more than one at the same time, who occupy a dwelling unit:
1. One person living alone;
2. Any number of persons related by blood, marriage, adoption, or other legal relationship living together as a single housekeeping unit; and up to two (2) additional persons living with the family, such as domestic staff, living together as a single housekeeping unit;
3. Up to four (4) persons living together as a single housekeeping unit and the minor children of any of them.
FAMILY FOOD PRODUCTION: The keeping of animals on a lot for exclusive use by persons residing thereon. See section 13.76.240, "Animal And Fowl Restrictions", of this title.
FAULT: A fracture in the earth's crust forming a boundary between rock or soil masses that have moved relative to each other.
FAULT, ACTIVE: A fault displaying evidence of greater than four inches (4") of displacement along one or more of its traces during Holocene time (about 11,000 years ago to the present).
FAULT, SCARP: A steep slope or cliff formed directly by movement along a fault.
FAULT, SETBACK: An area on either side of a fault within which construction of structures for human occupancy or critical facilities is not permitted.
FAULT, TRACE: The intersection of a fault plane with the ground surface, often present as a fault scarp, or detected as a lineament on aerial photographs.
FAULT, ZONE: A corridor of variable width along one or more fault traces, within which deformation has occurred.
FENCE: A structure, typically made of wood, vinyl, wire, masonry or other similar materials which divides two (2) areas of land for privacy or security. For the purpose of this title fencing also includes hedges and freestanding walls.
FIRE AUTHORITY: The unified fire authority.
FLEA MARKET/FARMERS' MARKET: An occasional or periodic market held in an open area or structure where groups of individual sellers offer goods for sale to the public.
FLOOD, FLOODING: For the purposes of chapter 13.74, "Flood Damage Prevention Regulations", of this title, a general and temporary condition of partial or complete inundation of normally dry land areas from the overflow of inland or tidal waters; and/or the unusual and rapid accumulation or runoff of surface waters from any source.
FLOOD INSURANCE RATE MAP (FIRM): For the purposes of chapter 13.74, "Flood Damage Prevention Regulations", of this title, an official map of a community, on which the federal emergency management agency has delineated both the areas of special flood hazards and the risk premium zones applicable to the community.
FLOOD INSURANCE STUDY: For the purposes of chapter 13.74, "Flood Damage Prevention Regulations", of this title, the official report provided by the federal emergency management agency. The report contains flood profiles, water surface elevation of a base flood, as well as the flood boundary-floodway map.
FLOOD PROTECTION SYSTEM: For the purposes of chapter 13.74, "Flood Damage Prevention Regulations", of this title, those physical structural works for which funds have been authorized, appropriated, and expended and which have been constructed specifically to modify flooding in order to reduce the extent of the areas within a community subject to a "special flood hazard" and the extent of the depths of associated flooding. Such a system typically includes hurricane tidal barriers, dams, reservoirs, levees or dikes. These specialized flood modifying works are those constructed in conformance with sound engineering standards.
FLOODPLAIN MANAGEMENT: For the purposes of chapter 13.74, "Flood Damage Prevention Regulations", of this title, the operation of an overall program of corrective and preventive measures for reducing flood damage, including, but not limited to, emergency preparedness plans, flood control works and floodplain management regulations.
FLOODPLAIN MANAGEMENT REGULATIONS: For the purposes of chapter 13.74, "Flood Damage Prevention Regulations", of this title, land use ordinances and regulations, building codes, health regulations, special purpose ordinances (such as a floodplain ordinance, grading ordinance and erosion control ordinance) and other applications of police power. The term describes such state or local regulations, in any combination thereof, which provide standards for the purpose of flood damage prevention and reduction.
FLOODPLAIN OR FLOOD PRONE AREA: For the purposes of chapter 13.74, "Flood Damage Prevention Regulations", of this title, a land area susceptible to being inundated by water from any source (see definition of Flood, Flooding).
FLOODPROOFING: For the purposes of chapter 13.74, "Flood Damage Prevention Regulations", of this title, a combination of structural and nonstructural additions, changes, or adjustments to structures which reduces or eliminates flood damage to real estate or improved real property, water and sanitary facilities, structures and their contents.
FLOODWAY (REGULATORY FLOODWAY): For the purposes of chapter 13.74, "Flood Damage Prevention Regulations", of this title, the channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than a designated height.
FRONTAGE: All property fronting on one side of a public street or private right of way.
FUNERAL HOME, CREMATORY: A use, also known as a mortuary, used to embalm, arrange, or conduct a funeral, and which may include facilities used to cremate human remains.
GARAGE, PRIVATE: An accessory building designed and/or used for the storage of one or more motor vehicles owned and used by the occupants of the building to which it is accessory, provided that a garage shall be considered part of a dwelling if the garage and dwelling have a roof or wall in common.
GAS STATION: A use primarily for supplying gasoline, propane, oil, air and water for direct retail to the consumer.
GENERAL PLAN: The city of Holladay general plan adopted as general guidelines for proposed future development of the land within the city as allowed by Utah Code Annotated section 10-9a-103(14).
GEOLOGIC HAZARD: A surface fault rupture, shallow groundwater, liquefaction, landslide, debris flow, unstable soil, rockfall, or other geologic condition that presents a risk to life, substantial loss of real property, or substantial damage to real property.
GRADE, FINISHED: The lowest point of elevation of the finished surface of the ground, paving or sidewalk within the area between a building and the adjacent property line or, when the property line is more than five feet (5') from the building, between the building and a line five feet (5') from the building.
GRADE, NATURAL OR ORIGINAL: Natural or original grade shall be the elevation of the ground surface in its natural state before manmade alterations, including, but not limited to, grading, excavation, or filling.
GRADING: A change of existing surface conditions by excavating, placing of soils or rocks, or stripping of vegetation.
GRAFFITI: An inscription, drawing, painting or other visual defacing of a building, structure, or natural feature, made without the consent of the owner.
GROCERY/FOOD SALES: A single use larger than fifteen thousand (15,000) square feet in gross floor area specializing in the sale of groceries, and household supplies, with at least seventy five percent (75%) of total sales in food items and may include specialty food stores such as bakery, butcher, delicatessen or other similar food types.
GROSS LEASABLE AREA: The total floor area designed for tenant occupancy including basements, mezzanines and upper floors.
GROUP HOME: For the purposes of chapter 13.98, "Group Homes; Other Facilities", of this title:
Group Home, Assisted Living Facility:
A. A residential facility, licensed by the state of Utah, that provides coordinated support personnel and healthcare services, available twenty four (24) hours per day, to residents who have been assessed by the Utah department of health or the Utah department of human services rules to need any of these services. Each resident shall have a service plan based on the assessment, which may include:
1. Specified services of intermediate nursing care;
2. Administration of medication; and
3. Support services promoting resident's independence and self-sufficiency. Such a facility does not include adult daycare provided in conjunction with a residential facility for elderly persons or a residential facility for persons with a disability.
B. Assisted living facility type I is a residential facility that provides assistance with activities of daily living and social care to two (2) or more ambulatory residents who require protected living arrangements.
C. Assisted living facility type II is a residential facility that provides coordinated supportive personal and healthcare services to two (2) or more semi-independent residents.
D. Assisted living facilities type I and type II may be classified as large, small or limited capacity.
1. A large assisted living facility houses seventeen (17) or more residents.
2. A small assisted living facility houses six (6) to sixteen (16) residents.
3. A limited capacity assisted living facility houses no more than five (5) residents.
E. "Semi-independent" means a person who is:
1. Physically disabled but able to direct his or her own care; or
2. Cognitively impaired or physically disabled but able to evacuate from the facility, or to a zone or area of safety, with the physical assistance of one person.
Group Home, Nursing Home: An intermediate care/nursing facility or a skilled nursing facility licensed by the state of Utah, for the care of individuals who, due to illness, advanced age, disability, or impairment require assistance and/or supervision on a twenty four (24) hour per day basis. Such a facility does not include an adult daycare facility or adult daycare provider in conjunction with a residential facility for elderly persons or a residential facility for persons with a disability.
Group Home, Residential Facility: A building or portion thereof where an individual is living at a given point in time and intends to remain and not a place of temporary sojourn or transient visit.
Group Home, Residential Facility For Elderly Persons: A dwelling unit that is occupied on a twenty four (24) hour per day basis by no more than eight (8) 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 in Utah Code Annotated section 26-21-2, as amended; or
C. A facility which is a residential facility for persons with a disability.
Group Home, 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 Utah Code Annotated title 26, chapter 21, Health Care Facilities Licensing and Inspection Act.
GUESTHOUSE, CARETAKER QUARTERS: As of September 30th 2021, this land use is known as an External Accessory Dwelling Unit.
HEALTH DEPARTMENT: The Salt Lake Valley Health Department.
HIGH RISK TREE: A damaged, dead, dying or diseased street or waterway tree, or part of a tree that has a high potential for failure or for falling on a nearby structure, into a public right-of-way or into an ephemeral or perennial stream or canal.
HIGHEST ADJACENT GRADE: The highest natural elevation of the ground surface prior to construction next to the proposed walls of a structure.
HISTORIC STRUCTURE: A structure that is:
A. Listed individually in the National Register of Historic Places (a listing maintained by the Department of the Interior) or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listing on the National Register;
B. Certified or preliminarily determined by the Secretary of the Interior as contributing to the historical significance of a registered historic district or a district preliminarily determined by the Secretary to qualify as a registered historic district;
C. Individually listed on a State inventory of historic places in states with historic preservation programs which have been approved by the Secretary of the Interior; or
D. Individually listed in section 13.86.020 of this title.
HOLLADAY TREE COMMITTEE: A volunteer, City appointed, advisory group of knowledgeable citizens, charged with advocating for the sustainability of the City's tree canopy resources and the City's tree management program including administering the heritage tree designation and the tree canopy sustainability program as provided in section 13.77.080 of this title.
HOME DAYCARE/PRESCHOOL: See section 13.76.720 of this title. The keeping for care and/or preschool instruction of not more than twelve (12) children including the caregiver's own children under the age of six (6) and not in full day school within an occupied dwelling and yard.
HOME DAYCARE/PRESCHOOL, SMALL: See section 13.76.725 of this title. The keeping for care and/or preschool instruction of not more than six (6) children including the caregiver's own children under the age of six (6) and not in full day school within an occupied dwelling and yard.
HOME OCCUPATION: See section 13.76.730 of this title. A commercial activity carried out for gain by one or more persons residing in the dwelling unit which use is clearly incidental and secondary to the use of the dwelling.
HOOKUP FEE: A fee for the installation and inspection of a pipe, line, meter, or appurtenance that connects to a Municipal water, sewer, stormwater, power, or other utility system.
HOSPITAL: An institution providing health services primarily for human inpatient medical or surgical care for the sick or injured and including related facilities such as laboratories, outpatient departments, training facilities, central services facilities, and staff offices which are an integral part of the facilities.
HOUSEHOLD PETS: See title 8 of this Code. Animals and/or birds ordinarily permitted in the house and kept for company or pleasure, such as dogs, cats and canaries.
IMAGING CENTER: A facility with the equipment to produce various types of radiologic and electromagnetic images and a professional staff to interpret the images obtained.
IMPACT FEE: A payment of money imposed under Utah Code Annotated section 11-36a-101 et seq., as amended.
IMPAIRMENT, RECORD OF: For the purposes of chapter 13.98, "Group Homes; Other Facilities", of this title, a history of, or having been misclassified as having, a mental or physical impairment that substantially limits one or more major life activities.
IMPAIRMENT, REGARDED AS HAVING AN: For the purposes of chapter 13.98, "Group Homes; Other Facilities", of this title, a person is regarded as having an impairment when:
A. The person has a physical or mental impairment that does not substantially limit one or more major life activities but is treated by another person as having such a limitation;
B. The person 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 an impairment; or
C. The person has none of the impairments defined in this definition but is treated by another person as having such an impairment.
IMPERMEABLE COVERAGE/IMPERVIOUS SURFACE: Those portions of a lot that are covered by primary and accessory buildings or structures, and by surfaces that prevent the passage or absorption of surface water, such as pavement.
IMPROVEMENT ASSURANCE: A surety bond, letter of credit, cash, or other security to guaranty the proper completion of an improvement that is required as a condition precedent to recording a subdivision plat; or beginning development activity; and offered to a Land Use Authority to induce the Land Use Authority, before actual construction of required improvements, to consent to the recording of a subdivision plat; or issue a permit for development activity.
IMPROVEMENT ASSURANCE WARRANTY: A promise that the materials and workmanship of improvements comport with standards that the Municipality has officially adopted; and will not fail in a material respect within a warranty period.
INTENSITY: The concentration of activity.
INTERNAL LOT RESTRICTION: A platted note, platted demarcation, or platted designation that runs with the land and creates a restriction that is enclosed within the perimeter of a lot described on the plat; or designates a development condition that is enclosed within the perimeter of a lot described on the plat.
JUNK: See section 13.76.740 of this title.
LAND USE APPLICATION: An application required by this title.
LAND USE AUTHORITY: A person, board, commission, agency, or other body designated by the city council to act upon a land use application.
LAND USE ORDINANCE: This title.
LAND USE PERMIT: A permit issued by a land use authority.
LANDSCAPE INSTALLATION AND MAINTENANCE: Offices and storage yards associated with a use providing installation and maintenance of landscaping for compensation.
LANDSCAPING, LANDSCAPED: Shall be highly water efficient consisting of a combination of planted trees, shrubs, vines, vegetative ground cover, perennial plants and annual plants or lawn, together with a water-efficient drip type irrigation system to maintain the plants alive and flourishing for the length of time the plantings are to be maintained if not in perpetuity. A maximum of sixty-five percent (65%) of the total required landscaped area may include permeable materials such as organic mulch, inorganic materials such as rocks, boulders, gravel, or other materials, and/or ornamental objects such as fountains, pools, statues, retaining walls, or benches.
LANDSLIDE: The downslope movement of a mass of soil, superficial deposits, or rock.
LAUNDRY, ALTERATION AND APPAREL REPAIR SERVICES: A facility where items of clothing are laundered, altered and/or repaired, including self-service laundromats.
LEGISLATIVE BODY: The Holladay city council.
LEVEE: For the purposes of chapter 13.74, "Flood Damage Prevention Regulations", of this title, a manmade structure, usually an earthen embankment, designed and constructed in accordance with sound engineering practices to contain, control, or divert the flow of water so as to provide protection from flooding.
LEVEE SYSTEM: For the purposes of chapter 13.74, "Flood Damage Prevention Regulations", of this title, a flood protection system which consists of a levee, or levees, and associated structures, such as closure and drainage devices, which are constructed and operated in accordance with sound engineering practices.
LIMITS OF DISTURBANCE: The area in which construction and development activity must be contained, including development and construction of the primary building and permitted accessory structures, play areas, and on site septic tanks, utilities, drainage, and other services.
LIQUEFACTION: A condition wherein certain water saturated soils lose bearing strength because of ground shaking and an increase of groundwater pore pressure.
LIVE/WORK: A building or spaces within a building used jointly for a primary commercial or manufacturing use as allowed by the zone and a residential use where the residential use of the space is secondary or accessory to the primary use as a place of work.
LIVESTOCK: See section 13.76.240 of this title. Animals kept for husbandry or for family food production, including:
A. "Large livestock" shall include horses, mules, burros, donkeys, cattle, sheep, goats, llamas, swine and other similarly sized farm, hoofed domesticated animals.
B. "Small livestock" shall include chickens, turkeys, ducks, geese, pigeons, pheasants, rabbits, and other similarly sized fowl or animals, excluding dogs, cats, and ferrets.
LOCAL, SUBURBAN AND INTERURBAN TRANSPORTATION: A company or facility, and associated vehicles, which provides for the movement of people and goods. Typical uses include taxi service, ambulance service, limousine service, parcel delivery service, and other similar uses.
LOCALSCAPES® A landscaping approach designed to create locally adapted and sustainable landscapes through a 5-part approach (central open shape, gathering areas, activity zones, connecting pathways and planting beds).
A. Activity Zones: Portions of the landscape designed for recreation or function, such as storage areas, fire pits, vegetable gardens, and playgrounds. Activity zones are located outside of the central open shape and shall be surfaced with materials other than turfgrass lawn.
B. Central Open Shape: An unobstructed area that functions as the focal point of Localscapes and is designed in a shape that is geometric in nature.
1. Turfgrass areas shall not exceed the greater of two hundred fifty square feet (250 sf), or thirty-five percent (35%) of the property’s front and side yards.
2. A turfgrass central open shape may not be less than ten feet (10') in width.
3. Small residential lots in which the total landscaped area is less than two hundred fifty square feet (250 sf), are exempt from the ten feet (10') minimum width requirement for turfgrass.
4. Lawn shall not be installed in park strips, paths, or on slopes greater than 25% or 4:1 grade.
C. Gathering Areas: Portions of the landscape that are dedicated to congregating, such as patios, gazebos, decks, and other seating areas.
D. Connecting Pathways. Paths and walkways shall be comprised of materials that do not include lawn, such as hardscape, mulch, or other durable materials.
E. Planting Beds. Planting Beds shall be located outside of the central open shape and may not utilize turfgrass. They shall be surfaced by mulch, rock, gravel, or other similar material where not covered by plantings. A minimum of seventy-five percent (75%) of the planting bed shall be comprised of live plant material.
LOT AREA: The area contained within the property lines of an individual parcel of land or recorded lot shown on a subdivision plat or required by this title, excluding areas within an existing or designated future public or private right of way.
LOT, CORNER: A lot abutting on two (2) intersecting or intercepting streets, where the interior angle of intersection or interception does not exceed one hundred thirty five degrees (135°). (See section 13.04.050, figure 13.04.050.5 of this chapter.)
LOT COVERAGE: The total horizontal area of a lot or parcel covered by a building, structure or impervious surface.
LOT, DOUBLE FRONTAGE: A lot with frontage on two (2) or more public streets. (See section 13.04.050, figure 13.04.050.5 of this chapter.)
LOT, INTERIOR: A lot other than a corner or double frontage lot or a lot on a private driveway. (See section 13.04.050, figure 13.04.050.5 of this chapter.)
LOT LINE ADJUSTMENT: The relocation of the property boundary line between two (2) abutting lots with the written consent of the owners of record.
LOT ON A PRIVATE DRIVEWAY: A lot, the bulk of which does not directly front onto a street but is usually located behind another lot (or lots) and is only accessed from a public or approved private street through a private driveway. (See section 13.04.050, figure 13.04.050.5 of this chapter.)
LOT, PARCEL, PLOT OR TRACT OF LAND: A segment of land established by plat, subdivision, metes and bounds description, or other legal means and identified on a plat of record or in a deed of record of Salt Lake County to be owned, used, developed or built upon as a unit.
LOT WIDTH: The diameter of the largest circle that can be inscribed entirely within a lot. The lot width circle shall not include streams/floodplains, wetlands, areas of thirty percent (30%) slope or greater or other natural hazard areas, or a "significant tree" as defined in this title. (See section 13.04.050, figure 13.04.050.2 of this chapter.)
LOWEST FLOOR: For the purposes of chapter 13.74, "Flood Damage Prevention Regulations", of this title, the lowest floor of the lowest enclosed area (including basement) of a building. An unfinished or flood resistant enclosure, usable solely for parking of vehicles, building access or storage, in an area other than a basement area, is not considered a building's lowest floor; provided, that such enclosure is not built so as to render the structure in violation of the applicable nonelevation design requirements of section 60.3 of the national flood insurance program regulations.
MAJOR LIFE ACTIVITIES: For the purposes of chapter 13.98, "Group Homes; Other Facilities", of this title, functions such as caring for oneself, performing manual tasks, walking, seeing, hearing, speaking, breathing, learning and working.
MANUFACTURING: The processing, fabrication, assembly, and packaging of products.
MEAN SEA LEVEL: For purposes of the national flood insurance program, the National Geodetic Vertical Datum (NGVD) of 1929 or other datum, to which base flood elevations shown on a community's flood insurance rate map are referenced.
MEDICAL, DENTAL, AND RELATED HEALTH SERVICES: A facility or group of offices for one or more physicians or dentists for the examination and treatment of ill and afflicted outpatients provided that the patients are not kept overnight except under emergency circumstances.
MEDICAL LABORATORY: An indoor establishment that includes laboratories and/or experimental equipment for medical testing, prototype design and development, and product testing.
MERCHANDISE VENDING MACHINE: A self-service device that dispenses unit servings of food, beverages, or other products upon payment.
MINOR ARCHITECTURAL FEATURE: Those portions of a structure and/or building such as finials, cupolas, weather vanes, widow's walks, solar panels or skylights, but excluding habitable space. (See section 13.04.050, figure 13.04.050.7 of this chapter.)
MOBILE FOOD BUSINESS: A business that serves food or beverages from a self-contained unit either motorized or in a trailer on wheels, is readily movable, without disassembling, for transport to another location. The term "mobile food business" shall not include vending carts or mobile ice cream vendors.
MOBILE FOOD COURT: The lot or parcel where ten (10) or less mobile food truck(s) or trailer(s) can be located for the business of selling food as approved by a City of Holladay Land Use Authority.
MOBILE FOOD TRAILER: See section 13.04.050, figure 13.04.050.9 of this chapter. A mobile food business that serves food or beverages from a nonmotorized vehicle larger than three feet (3') in width and eight feet (8') in length that is normally pulled behind a motorized vehicle. The term "mobile food trailer" shall not include vending carts, mobile food trucks or mobile ice cream vendors.
MOBILE FOOD TRUCK: See section 13.04.050, figure 13.04.050.10 of this chapter. A mobile food business that serves food or beverages from an enclosed self-contained motorized vehicle. The term "mobile food truck" shall not include vending carts, mobile food trailers or mobile ice cream vendors.
MOBILE HOME OR MANUFACTURED HOME: A structure transportable in one or more sections, designed for use as a dwelling with or without a permanent foundation when connected to the required utilities.
MOBILE HOME PARK OR MANUFACTURED HOME SUBDIVISION: A plot of ground upon which two (2) or more mobile homes, occupied for dwelling or sleeping purposes, are located.
MOBILE HOME PARK OR MANUFACTURED HOME SUBDIVISION, NEW: A manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including, at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed on or after the effective date of the ordinance codified in chapter 13.74 of this title, on floodplain hazard regulations.
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 for households of the same size in Salt Lake County.
MODERATE INCOME HOUSING PLAN: A written document adopted by a City legislative body that includes:
A. An estimate of the existing supply of moderate income housing located within the City;
B. An estimate of the need for moderate income housing in the City for the next five (5) years as revised biennially;
C. A survey of total residential land use;
D. An evaluation of how existing land uses and zones affect opportunities for moderate income housing; and
E. A description of the city's program to encourage an adequate supply of moderate income housing.
MOTION PICTURE THEATERS, LIVE THEATER: A facility for viewing film, video, and digital productions and/or where live theatrical performances are viewed by an audience.
MOTOR VEHICLE REPAIR: A use that provides motor vehicle repair or maintenance services. Typical uses include specialty service garages, and sales of new automotive parts and related accessories. This term excludes towing impound yards, wrecking or salvage yards and/or sales of used automotive parts and heavy equipment repair services.
MOTOR VEHICLE SALE AND RENTAL: A facility engaged in the retail or wholesale sale or rental, from the premises, of motorized vehicles or equipment, along with incidental service or maintenance. Typical uses include new and used automobile and truck sales, and automobile rental.
MOTORCYCLE SALES, RENTAL AND REPAIR: A use where motorcycles, motor bikes, off highway vehicles, motor scooters, mopeds or similar vehicles are sold, rented, and/or repaired.
NATURAL HAZARD: For the purposes of chapter 13.75, "Natural Hazard Areas", of this title, a liquefaction and/or surface fault rupture hazard.
NATURAL HAZARD SPECIAL STUDY AREA: For the purposes of chapter 13.75, "Natural Hazard Areas", of this title, a potentially hazardous area, as shown on natural hazards map adopted by the city of Holladay, within which hazard investigations are generally required prior to development.
NATURAL WATERWAY: An area, varying in width, along a stream, creek, gully, spring, or wash which is a natural drainage channel.
NEIGHBORHOOD MARKET, LARGE: A use up to twenty thousand (20,000) square feet or fewer (but not less than 10,000 square feet) of gross floor area offering a line of groceries, fresh meat, fresh produce, and other associated items with at least seventy five percent (75%) of total sales in food items, excluding noncustomer space, for example, storage, preparation and office areas.
NEIGHBORHOOD MARKET, SMALL: A use of up to ten thousand (10,000) square feet or fewer of gross floor area offering a line of groceries, fresh meat, fresh produce, and other associated items with at least seventy five percent (75%) of total sales in food items, excluding noncustomer space, for example, storage, preparation and office areas.
NEW CONSTRUCTION: For the purposes of chapter 13.74, "Flood Damage Prevention Regulations", of this title, a structure for which the "start of construction" commenced on or after the effective date of the ordinance codified in chapter 13.74 of this title, on floodplain hazard regulations. For floodplain management purposes, "new construction" means structures for which the "start of construction" commenced on or after the effective date of a floodplain management regulation adopted by the city and includes subsequent improvements to such structures.
NONCOMPLYING BUILDING OR STRUCTURE: See chapter 13.88 of this title. A structure that legally existed prior to the adoption, revision, or amendment of an ordinance but fails to conform to the current ordinance.
NONCONFORMING USE: A use or activity which lawfully existed prior to the adoption, revision, or amendment of an ordinance but fails to conform to the current ordinance. (See chapter 13.88 of this title.)
NONRESIDENTIAL TREATMENT FACILITY: A facility where no person is housed on an overnight basis, and which provides services including rehabilitation, treatment, counseling, or assessment and evaluation services related to delinquent behavior, alcohol abuse, drug abuse, sexual offenders, sexual abuse, or mental health. Associated educational services may also be provided to juveniles.
NURSERY, GARDEN CENTER: A use including a building, part of a building or open space for the growth, display and/or sale of plants, shrubs, trees and other materials used in indoor or outdoor planting.
OFFICIAL MAP (Roadway Classification Map): The map drawn by the City and recorded in the Salt Lake County Recorder's Office as per Utah Code Annotated section 10-9a-103. For the purpose of this title, the official map is the adopted roadway classification map, appendix A of the Holladay City general plan.
OPEN SPACE: An area of land that is substantially free and unobstructed from manmade improvements.
ORDINARY HIGH WATER MARK: The line on the bank to which the high water of a stream ordinarily rises annually as indicated by changes in the characteristics of soil, vegetation, or other appropriate means taking into consideration the characteristics of the surrounding areas. Where the ordinary high water mark cannot be found, the top of the channel bank shall be substituted. In braided channels, the ordinary high water mark shall be measured so as to include the entire stream feature.
OUTSIDE DINING: A use, accessory to a restaurant, located outside of the building where services are provided to patrons in the same manner as those services provided inside the building such as food and beverage orders taken at a customer's table.
OUTSIDE DISPLAY: The display of finished goods outside the primary structure specifically intended for retail sale.
OUTSIDE STORAGE: The continuous storing outside a building, of goods, materials, merchandise, or equipment for more than twenty four (24) hours.
OVERLAY ZONE: A zoning district that encompasses one or more underlying zones and that imposes additional or alternative requirements to those required by the underlying zone.
OWNER: A person, firm, association, partnership, private corporation, or public or quasi-public corporation, or other legal entity, or combination thereof.
PARKING SPACE (AUTOMOBILE): Space within a building, lot, or parking lot for the parking or storage of one automobile. (See chapter 13.80 of this title.)
PERMANENT CONSTRUCTION: The first placement of a structure on a site such as the pouring of slabs or footings, the installation of piles, the construction of columns, or work beyond the stage of excavation or the placement of a manufactured home on a foundation. "Permanent construction" does not include land preparation, such as clearing, grading and filling; nor does it include the installation of streets and/or walkways; nor does it include excavation for a basement, footings, piers or foundations or the erection of temporary forms; nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not as part of the main structure.
PERMANENT COSMETICS: A mark or design made on or under the skin by a process of pricking or ingraining a pigment, dye, or ink in the skin for masking discolorations or cosmetically enhancing facial features which follow the natural line of the feature and are limited to eyeliner, eyebrows, or lip coloring procedures only. For the purposes of this title, permanent cosmetics does not include body art or tattoos.
PERMITTED USE: A use of land allowed by right in a zone as shown in chapter 13.100, appendix A of this title, land use table, subject to applicable requirements of the zone.
PERSON: An individual, corporation, partnership, organization, association, trust, governmental agency, or other legal entity.
PERSONAL SERVICE: A use primarily engaged in providing services generally involving the care of a person or the person's apparel such as beauty and barber services, tanning, nails, massage therapy, aesthetician, permanent cosmetics, or day spa, but excluding a body art/tattoo or sexually oriented business.
PET GROOMING/PET DAYCARE: A use where animals generally classified as household pets may be groomed, but excluding an outdoor kennel, dog run, and a facility where animals are kept overnight.
PLANNED UNIT DEVELOPMENT: See section 13.78.030 of this title. An integrated design for development of residential, nonresidential, commercial, or a combination of such uses.
PLANNING COMMISSION: The Holladay City Planning Commission established pursuant to chapter 13.05 of this title.
PLAT: A map or other graphical representation of lands being laid out and prepared in accordance with Utah Code Annotated section 10-9a, part 6; title 17, chapter 23, or title 57, chapter 8.
POROUS SURFACE, INCLUDING PERMEABLE PAVING: A composite surface such as pea gravel, crushed stone or other paving material, approved by the City Engineer and Community Development Director, designed to allow water to percolate into the natural aquifer or groundwater system. Permeable pavers include solid or semiporous pavers set in a designed or engineered pattern and in conjunction with other materials to allow for the passage of water into the ground.
POTENTIAL GEOLOGIC HAZARD AREA: An area that:
A. Is designated by a Utah geological survey map, County geologist map, or other relevant map or report as needing further study to determine the area's potential for geologic hazard; or
B. Has not been studied by the Utah geological survey or a County geologist but presents the potential of geologic hazard because the area has characteristics similar to those of a designated geologic hazard area.
PRIMARY LAND USE: A primary use is a land use which is allowed in a zone as a permitted or conditional use. A primary use is the primary or predominant activity conducted on a lot.
PRIVATE DRIVEWAY: A right-of-way serving no more than two (2) dwelling units.
PRIVATE LANE: A right-of-way serving three (3) to five (5) dwelling units.
PRIVATE NONPROFIT RECREATIONAL GROUNDS AND FACILITIES: Recreational grounds and facilities operated by a nonprofit association incorporated under the provisions of the Utah Nonprofit Corporation and Cooperation Act, or a corporation sole.
PRIVATE ROAD: A right-of-way serving six (6) or more dwelling units.
PROFESSIONAL AND BUSINESS SERVICE: A use which provides various executive, management, and/or administrative services and support but does not include on premises sales of goods or commodities. Typical uses are legal services, real estate, insurance, advertising and mailing, building maintenance, employment service, management and consulting, protective services, equipment rental and leasing, auction services, commercial research, development and testing, and photo finishing. Medical and dental offices are not included in this definition.
PROFESSIONAL, FRATERNAL, AND SOCIAL ASSOCIATION: An organized group or society having a restricted membership, regular meetings, rituals and formal written membership requirements such as Elks, Masons, a labor union, or other professional organization.
PROTECTED TREE: For the purposes of chapter 13.77 of this title the following trees with a dbh larger than two inches (2") are considered protected under the provisions of this title:
Community: A tree located or planted within a City-owned property such as City Hall Park, Knudsen Park, Holladay Pines Park, Butternut Park or Stratton Park.
Heritage: A designation, voluntarily applied for by the property owner, as being historic, rare, threatened, or of endangered species, reviewed and approved by members of the Utah Community Forest Council (UCFC) as provided in the Utah Heritage Tree Act of 1975.
Street: A tree located or planted within a public right-of- way.
Waterway: A tree located or planted within the area between the high water mark and the apex of the bank of any stream or waterway and:
A. Twenty five feet (25') from the apex of the bank of a perennial stream (Cottonwood Creek, Spring Creek), or
B. Twenty five feet (25') from the apex of the bank of an ephemeral stream (Heughs Canyon, Neff's Canyon), or
C. Fifteen feet (15') from the apex of the bank of a manmade canal or ditch (Salt Lake and Jordan Canal, East Jordan Canal, Upper Canal, Tanner Ditch).
PROTECTED USE: For the purposes of chapter 13.91, "Sexually Oriented Businesses", of this title, a church, public library, public park or parkway, public recreation center, public or private school, and residence or use in a Residential Zone.
PUBLIC AGENCY: The Federal government; the State; a county, municipality, school district, local district, special service district, or other political subdivision of the State; or a charter school.
PUBLIC BUILDING: A building owned and operated, or owned and intended to be operated by the City, a public agency of the United States of America, the State of Utah, or any of its political subdivisions.
PUBLIC HEALTH CENTER: A facility primarily utilized by a health unit for providing public health services including related facilities such as laboratories, clinics and administrative offices operated in connection therewith.
PUBLIC HEARING: A formal, duly noticed hearing at which members of the public are provided the opportunity to comment on the subject of the hearing.
PUBLIC LANDSCAPING IMPROVEMENT: Landscaping that an applicant is required to install to comply with published installation and inspection specifications for public improvements that: (a) will be dedicated to and maintained by the municipality; or (b) are associated with and abut trail improvements that connect to planned or existing public infrastructure.
PUBLIC MEETING: A meeting that is required to be open to the public under Utah Code, title 52, chapter 4, Open and Public Meetings Act.
PUBLIC PARK: For the purposes of chapter 13.91, "Sexually Oriented Businesses", of this title, a park, playground, swimming pool, golf course, or athletic field which is under the control, operation or management of a government agency.
PUBLIC PARKING FACILITY: A use within a structure or upon a developed lot, available for public use, where the parking of more than four (4) vehicles is permitted. Typical uses include a parking structure, surface parking, and a shared parking facility.
PUBLIC USE: A use which serves the public health, safety or general welfare. Typical uses include a public school, park, playground, or other recreational facility, administrative and service facilities, and a public utility.
QUALIFIED PROFESSIONAL: A person with the requisite training, experience, and professional certification or license in the field or fields relating to the subject matter being studied or analyzed.
QUASI-PUBLIC USE: A use operated by a private, nonprofit educational, religious, recreational, charitable, or philanthropic institution which primarily serves the general public.
RADIO AND TELEVISION BROADCASTING: A use for the origination and transmission of radio and television signals.
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. The following words have the following definitions:
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 the housing of their choice.
Reasonable: A requested accommodation that will not undermine the legitimate purpose of existing land use regulations notwithstanding the benefit that the accommodation will provide to a person with a disability.
RECEPTION CENTER: A use providing meeting rooms, reception areas, catering, entertainment, and other related services to a group of people.
RECORD OF SURVEY MAP: A map of a survey of land prepared in accordance with Utah Code Annotated section 17-23-17.
RECREATION CENTER: A use providing a variety of recreation activities including activities that are enclosed within a structure along with outdoor recreational activities on the same premises. Activities may include those identified with "indoor recreation", as well as "outdoor recreation".
RECREATION, COMMERCIAL, INDOOR: Public or private recreation uses, such as tennis or other racquet courts, swimming pools, bowling alleys, skating rinks, or similar uses which are enclosed in buildings and are operated on a commercial or membership basis primarily for the use of persons who do not reside on the same lot as that on which the recreational use is located.
RECREATION, COMMERCIAL, OUTDOOR: An outdoor facility including a stadium, athletic field, swimming pool, golf driving range, baseball batting range or similar recreational facilities operated as a business and open to the general public for a fee. For the purposes of this title, this definition includes cultural activities, nature exhibitions, and amphitheaters.
RECREATION, FITNESS CENTER: A use providing completely enclosed fitness related activities. Accessory uses may include the preparation and serving of food and/or the sale of equipment related to the enclosed use. This definition may include such uses as swimming pool, aerobics, weight training, diet counseling, indoor running track, etc.
RECREATIONAL VEHICLE: A self-propelled or permanently towable, mobile living unit typically used for temporary human occupancy away from the user's permanent place of residence. Recreational vehicles also include such vehicles as a travel trailer, camper, boat/watercraft, and other similar types of vehicles. For the purpose of this title, this definition does not include motorcycles, off road or other similar vehicles.
RECREATIONAL VEHICLE SALES AND RENTAL: A business that sells, leases, and/or rents new and/or used recreational vehicles.
RELATED: Related by blood, marriage or adoption within the definition of "family".
RESOURCE RECYCLING COLLECTION: A portable structure, enclosed bin, trailer, or other structure where recyclable material (aluminum cans, glass, paper, etc.) is deposited temporarily.
RESTAURANT: A place of business where food is prepared and served to the public for consumption on or off the premises.
RETAIL, GENERAL: A use that sells goods for consumer use available for purchase and removal from the premises; excluding food sales or markets, specialty retail sales such as tobacco specialty business as defined in Utah Annotated Code section 10-8-41.6(1) and other retail uses specifically classified in another definition herein.
RETAINING WALL: A wall designed and constructed to resist the lateral displacement and erosion of soils or other materials.
RIDGELINE PROTECTION AREA: An area consisting of a prominent ridgeline that is highly visible from public rights-of-way or trails, and that includes the crest of such designated prominent hill or slope, plus the land located within one hundred feet (100') horizontally (map distance) on either side of the crest.
SANITARY SEWER AUTHORITY: The department, agency, or public entity with responsibility to review and approve the feasibility of sanitary sewer services or on site wastewater systems.
SEASONAL SALES: A portable structure, including a vehicle, without a permanent foundation, for use on a temporary or seasonal basis, from which goods or merchandise are sold or where a service is provided which is utilized on the premises. (See section 13.76.250 of this title.)
SETBACK: The required minimum horizontal distance that a building, structure, or use must be set back from a specific property line.
SEXUALLY ORIENTED BUSINESS: See title 5, chapter 5.82 of this Code.
SHELTERED WORKSHOP: For the purposes of chapter 13.98, "Group Homes; Other Facilities", of this title, an on site supervised educational or vocational training facility for persons with a disability which does not have residential facilities.
SHORT TERM RENTAL: See section 13.76.735 of this title. A dwelling or portion thereof available for use or is used for accommodating or lodging of guests, paying a fee or other compensation for a period of less than thirty (30) consecutive days.
SIGN: For the purposes of chapter 13.82 of this title, a publicly displayed device or structure intended to identify or advertise a business, advertise a product, or convey a noncommercial message.
SIGN, ALTERATION: A change or rearrangement in the structural parts or design whether by extending on a side, by increasing in area or height, or by relocating or change in position.
SIGN, AREA: See section 13.04.050, figures 13.04.050.6A through E of this chapter. The area of a sign used for display purposes, excluding the minimum frame and supports. In computing sign area, only one side of a back to back or double faced sign shall be computed when signs are parallel or diverge from a common edge by an angle of not more than thirty degrees (30°). In relation to signs that do not have a frame or a separate background, sign area shall be computed on the basis of the least rectilinear line with a maximum of eight (8) sides, triangle or circle large enough to frame the display. Sign areas in the shape of a sphere, prism, cylinder, cone, pyramid, square or other such shapes shall be computed as one-half (1/2) of the total surface area.
SIGN, AWNING OR CANOPY: A sign that is painted or otherwise made part of a canopy or awning that is a structure, constructed of metal, wood or other material, placed so as to extend outward from a building or as a freestanding roof structure over a drive- through facility. A canopy or awning may have supports extending to the ground as well as attached to a building or other permanent structure.
SIGN, BANNER: A sign made of fabric or a nonrigid material with no enclosing framework.
SIGN, BILLBOARD: See definition of Sign, Off Premises (Billboard).
SIGN, CHANGEABLE COPY: A permanently attached, manually operated sign that displays a graphical content or a message that can be easily changed or altered.
SIGN, COMMUNITY IDENTIFICATION OR GATEWAY: A sign created, erected and owned by the city, usually in the city's right of way, or by permission on private property, that identifies an entrance or gateway to the city of Holladay or designates a particular location or area of the community. Such signs shall be exempt from the regulations of this title.
SIGN, CROWN: A sign erected parallel to and attached to the outside building face of the topmost habitable story of a building.
SIGN, DIRECTIONAL: A sign that is incidental to a use lawfully occupying the property upon which the sign is located and which sign is necessary to provide information to the public, such as direction to parking lots, location of restrooms, entrances and exits, etc.
SIGN, ELECTRONIC CHANGEABLE COPY: A sign containing a computer generated message such as a public service, time, temperature and date or a message center or reader board where different copy changes or video images of a public service or commercial nature are shown on the same lamp bank or message facility.
SIGN, ILLUMINATED: A sign which has characters, letters, figures, designs or outlines illuminated by electric lights or luminous tubes or is legible in the absence of daylight by devices which reflect or project light upon it.
SIGN, INTERIOR: A sign located within a building so as to be primarily visible only from within the building in which the sign is located.
SIGN, MONUMENT: A freestanding sign which is attached directly to the ground and supported by a base, the width of which should be at least fifty percent (50%) of the width of the sign.
SIGN, NONCONFORMING SIGN OR STRUCTURE: A sign or sign structure or portion thereof lawfully existing or amended at the effective date of this chapter which does not conform to all height, area, yard, spacing, animation, lighting, use or other regulations prescribed in the zone in which it is located.
SIGN, OFF PREMISES (Billboard): A sign directing attention to a use, product, commodity or service not related to the premises upon which the sign is located. (See title 5, chapter 5.72 of this code.)
SIGN, ON PREMISES: A sign used to advertise the major activities conducted on the property where the sign is located.
SIGN, PAINTED WALL: A sign painted on a wall but not having a sign frame or separation from the wall.
SIGN, POLITICAL/CAMPAIGN: A sign advertising a candidate or candidates for public elective office, soliciting votes or expressing an opinion that does not contain commercial content.
SIGN, PROJECT IDENTIFICATION: An expanded and permanent, ground sign identifying a cohesive commercial development at least two (2) acres in area abutting major collector streets or arterial streets containing multiple lots and/or multiple (principal) buildings and sharing common ownership, aesthetic or maintenance interests.
SIGN, PROJECTING (Blade, Fin): A sign attached to a building or canopy and extending in whole or part more than twelve inches (12") beyond a wall or roof of the building.
SIGN, PROPERTY: A sign related to the property upon which it is located and offering such information as address, name of occupant for residential uses, warning against trespassing, hazard, or other danger on the property.
SIGN, PUBLIC EVENT: A sign of a temporary nature other than those established by business for the purpose of advertising a special event pertaining to drives or events of a civic, philanthropic, educational, or religious organization.
SIGN, PUBLIC SAFETY: A public necessity sign such as bus stop, no parking and street name signs installed by or with permission of the city of Holladay.
SIGN, REAL ESTATE: A temporary sign advertising the sale, rental or lease of the premises or part of the premises on which the sign is displayed.
SIGN, TEMPORARY: A sign, pennant, valance or advertising display constructed of paper, cloth, canvas, light fabric, cardboard, wallboard or other light materials, with or without frames, intended to be displayed out of doors for a short period of time. For the purposes of this title this definition includes all snipe, pedestal, A-frame, inflatable, wind or other such signs. See section 13.04.050, figure 13.04.050.6E of this chapter.
SIGN, WALL: A sign erected parallel to and attached to the outside wall of a building and extending not more than twelve inches (12") from such wall with messages or copy on the face side.
SIGN, WINDOW: A sign intended to be visible from the public right of way and painted on or temporarily affixed to a window or door surface.
SITE PLAN: An accurately scaled plan illustrating the existing and proposed conditions on a lot as required by chapter 13.08 of this title.
SLOPE: The level of inclination from the horizontal determined by dividing the horizontal run of the slope into the vertical rise of the same slope and converting the resulting figure into a percentage value. For purposes of estimating the average slope of a lot, the area included in the calculation slopes must cover at least twenty five feet (25') vertically and fifty feet (50') horizontally.
SMALL ENGINE, APPLIANCE, ELECTRICAL, AND MACHINE REPAIR: A business which maintains and rehabilitates appliances and other machines customarily used in the home and other equipment with a one cylinder engine such as lawn mowers and chain saws.
SPECIFIED PUBLIC AGENCY: The state, a school district; or a charter school.
SPECIFIED PUBLIC UTILITY: An electrical corporation, gas corporation, or telephone corporation, as those terms are defined in Utah Code Annotated section 54-2-1, as amended.
SPORTSMAN'S KENNEL, CATTERY AND ANIMAL HOBBY PERMIT: A use, accessory to a single-family dwelling unit in which three (3) but not more than five (5) dogs, cats or ferrets, at least four (4) months old, are kept for the purpose of breeding, hunting, training, renting, buying, boarding, selling, or showing which has a valid permit from the city department of animal services.
STABLE, COMMERCIAL: A use for the keeping of horses for remuneration, hire, or sale.
STABLE, PRIVATE: A detached accessory building for the keeping of horses owned by the occupants of the premises, and not kept for remuneration, hire, or sale.
START OF CONSTRUCTION: The date of the first inspection on "permanent construction" from the city building inspector within one hundred eighty (180) days from the date the building permit was issued.
STATE: The state of Utah and any department, division, or agency of the state.
STORY: See section 13.04.050, figure 13.04.050.8 of this chapter.
A. The complete horizontal section of a building, having one continuous or practically continuous floor where the vertical distance between the finished floor of one level and the finished floor of the level above or below is greater than six feet (6').
B. A complete horizontal section greater than six feet (6') in height above grade for more than fifty percent (50%) of the total perimeter, or more than twelve feet (12') in height above grade at any point shall be considered a story.
STREAM CORRIDOR: The corridor defined by a perennial stream's ordinary high water mark.
STREAM, EPHEMERAL: Those channels, swales, gullies, or low areas that do not have flow year round or are not shown on USGS topographic maps as perennial streams. These are generally channels that are tributary to perennial streams, other ephemeral streams, terminal low areas, ponds, or lakes. They are typically dry except during periods of snowmelt runoff or intense rainfall.
STREAM, PERENNIAL: Those streams, excluding ephemeral streams, ditches, and canals constructed for irrigation and drainage purposes, that flow year round during years of normal rainfall, and that are identified on United States geological services (USGS) topographic maps as perennial streams.
STREET, COLLECTOR: A roadway intended to collect traffic from local and residential collectors and distribute it to minor arterials and arterial streets. These streets are designed with a sixty six foot (66') right of way.
STREET, FREEWAY: A divided major highway with full control of access and no at grade crossings. These roadways serve as regional roads for longer trips and carry a high number of vehicles at high speeds.
STREET, MINOR ARTERIAL: A street which serves as the principal network for community and regional traffic and which carry higher volumes of traffic at higher speeds. These streets are designed with an eighty foot (80') right-of-way.
STREET, PRIMARY RESIDENTIAL: A street which collects traffic from residential, local roads and distributes it to collector, minor arterial, and arterial streets and is intended for low volume, interneighborhood trips, and lower speed limits. These streets are designed with a sixty foot (60') right-of-way.
STREET, PRINCIPAL ARTERIAL: A street which has high traffic volumes, operates at higher speeds, and has limited access. These streets are designed with right-of-way widths either at eighty feet (80') or one hundred six feet (106') depending on traffic volumes.
STREET, PUBLIC: A thoroughfare which has been dedicated or abandoned to the public and accepted by proper public authority, or a thoroughfare, not less than twenty five feet (25') of travel width, which has been made public by right of use and which affords the principal means of access to abutting property. For the purpose of this title, this definition also includes the following: highway, avenue, boulevard, parkway, road, or lane, etc.
STREET, SECONDARY RESIDENTIAL: A street which primarily provides direct access to residential, commercial, and other abutting properties and is intended for low volume, short trips, and lower speed limits. These streets are designed with a fifty foot (50') right-of-way.
STREET TREE/COMMUNITY TREE PROGRAM: A document prepared by the City of Holladay that contains regulations and industry consensus standards and City defined specifications for the planting, maintenance, and removal of trees, shrubs, and other plants upon City owned property, easements, and public rights-of-way. The guide shall include the tree selection guide for planting trees and shrubs in public rights-of-way and City owned property.
STRUCTURE: A building, bridge, framework, or other object that has been put together from different parts, the use of which requires a fixed location on or in the ground, or attached to something having a fixed location on the ground. Any structure measuring eighteen inches or taller above the existing grades shall meet all underlying zoning requirements.
STRUCTURE DESIGNED FOR HUMAN OCCUPANCY: For the purpose of chapter 13.75, "Natural Hazard Areas", of this title, a residential dwelling or other structure used or intended for human occupancy.
SUBDIVISION: Land that is divided, resubdivided, or proposed to be divided into two (2) or more lots, parcels, sites, units, plots, or other division of land for the purpose, whether immediate or future, for offer, sale, lease, or development either on the installment plan or other plans, terms, and conditions.
A. "Subdivision" includes the division or development of land whether by deed, metes and bounds description, devise and testacy, map, plat, or other recorded instrument; and except as provided in subsection B of this definition, divisions of land for 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 purpose 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 recorded agreement between owners of abutting unsubdivided properties adjusting their mutual boundary if no new lot is created; and the adjustment does not violate applicable Land Use Ordinances;
3. A recorded document, executed by the owner of record revising the legal description of more than one contiguous unsubdivided parcel of property into one legal description encompassing all such parcels of property; or joining a subdivided parcel of property to another parcel of property that has not been subdivided, if the joinder does not violate applicable Land Use Ordinances; or a recorded agreement between owners of abutting subdivided properties adjusting their mutual boundary if no new dwelling lot or housing unit will result from the adjustment; and the adjustment will not violate an applicable Land Use Ordinance.
C. The joining of a subdivided parcel of property to another parcel of property that has not been subdivided does not constitute a subdivision under this definition as to the unsubdivided parcel of property or subject the unsubdivided parcel to the subdivision requirements of this title.
SUBSTANTIAL DAMAGE: For the purposes of chapter 13.74, "Flood Damage Prevention Regulations", of this title, damage sustained by a structure whereby the cost of restoring the structure to its original condition would equal or exceed fifty percent (50%) of the market value of the structure before the damage occurred.
SUBSTANTIAL IMPROVEMENT: For the purposes of chapter 13.74, "Flood Damage Prevention Regulations", of this title:
A. Repair, reconstruction or improvement of a structure, the cost of which equals or exceeds fifty percent (50%) of the market value of the structure, before the improvement or repair is started.
B. For the purpose of this definition, "substantial improvement" is considered to occur when the first alteration of a wall, ceiling, floor or other structural part of the building commences, whether or not that alteration affects the external dimensions of the structure.
C. This definition does not include:
1. Projects 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
2. Alteration of a structure listed on the National Register of Historic Places or a State Inventory of Historic Places.
SURGICAL OUT-PATIENT FACILITY: An establishment offering any type of surgical procedures and related care which, in the opinion of the attending physician, can be performed safely without requiring inpatient overnight hospital care as licensed physicians ordinarily may elect to perform in their private offices.
SURVEY MONUMENT: A permanent marker set in the ground referencing survey coordinates, elevations, property lines, roadway centerlines, right-of-way lines, or other survey or property location data.
TATTOO/BODY ART: A design made on or under the skin by a process of pricking or ingraining pigment, dye or ink in the skin excluding permanent cosmetics.
TEMPORARY BUILDING INCIDENTAL TO CONSTRUCTION: A structure which is intended for temporary or short term use and incidental to construction.
TEMPORARY LODGING, HOTEL, AND MOTEL: A use located on a single lot, designed for use by guests and furnishing customary hotel services for a period of thirty (30) consecutive calendar days or less.
TEMPORARY SALES: A use established for three (3) days or less with the intent to discontinue such use upon the expiration of the time period.
TRAIL: A recreational pathway for use by the public for walking, biking, and/or horseback riding as designated.
TREE: A woody perennial plant, typically having a single stem or trunk growing to a considerable height and bearing lateral branches at some distance from the ground. For the purposes of this title, while a tree may be within, or part of, either a wild/natural area or a man-made landscape(d) area, distinct planting standards are set forth herein governing the [required] planting and protection of the same.
TREE BARRIERS: For the purposes of section 13.77.080, "Tree Canopy Sustainability", of this title, a device such as fencing, berms, or signage installed to limit access to a tree protection zone.
TREE CALIPER: A landscape and nursery trade standard for trunk measurement determined by measuring the diameter of the trunk six inches (6") above the ground for up to and including four inch (4") caliper size, and twelve inches (12") above the ground for larger trees.
TREE CANOPY: The outer limits of a tree's foliage consisting of leaves, branches and stems that cover the ground when viewed from above. This may also include understory vegetation.
TREE CANOPY COVERAGE: The area of a lot that is covered by the canopies of existing trees, including immature trees, and newly planted trees and can be designated on a tree preservation plan.
TREE CARE STANDARDS, INDUSTRY CONSENSUS: Accepted practices for tree care include - ANSI A300, nursery stock - ANSI Z60.1, and arboricultural safety requirements - ANSI Z133.1., a set of parameters developed by a group of materially affected parties in accordance with accepted essential requirements for openness, balance, consensus and due process.
TREE, GROVE: A group of trees in close proximity, especially where branches touch or vertically overlap another tree.
TREE, SIGNIFICANT: Trees of six inch (6") caliper or greater measured at breast height, groves of five (5) or more smaller trees, or clumps of trees covering an area of fifty (50) square feet within the drip zone.
TREE TOPPING: The reduction of a tree's size using heading cuts that shorten limbs or branches back to a predetermined crown limit.
UTILITY, ACCESSORY EQUIPMENT: For the purposes of chapter 13.79, "Utility And Facility System Placement Regulations", of this title, the portion of the system, including equipment sites, transformers, switchgear, pedestals, terminals, meters, buildings (substations), and other similar equipment, that is normally installed aboveground.
UTILITY COMPANY, PUBLIC: A company that provides a service such as electricity, gas, telephone, or water.
UTILITY FACILITY COMPANY: A company that provides a service such as cable television or telecommunications.
UTILITY SYSTEM: All poles, towers, wires, lines, cables, conduits, pipes and accessory equipment providing service such as electricity, telephone, telegraph, cable television, gas, water, sewer, steam or petroleum including service drops, distribution system, transmission system, and accessory equipment.
VARIANCE:
A. For the specific purposes of chapter 13.74, "Flood Damage Prevention Regulations", of this title, this term refers to a grant of relief to a person from a requirement of the adopted flood damage prevention regulations when specific enforcement would result in unnecessary hardship.
B. For the general purposes of this title, see section 13.09.020 of this title.
VENDING CART: See section 13.04.050, figure 13.04.050.11 of this chapter. Includes any nonmotorized mobile device or pushcart smaller than three feet (3') in width and eight feet (8') in length from which limited types of products, are sold or offered for sale directly to any consumer, where the point of sale is conducted at the cart.
VETERINARY SERVICE: A use operated by a licensed veterinarian providing medical care to animals, fish, reptiles, birds, etc.
VIOLATION: For the purposes of chapter 13.74, "Flood Damage Prevention Regulations", of this title, the failure of a structure or other development to be fully compliant with the community's floodplain management regulations. A structure or other development without the elevation certificate, other certifications, or other evidence of compliance required in section 60.3(b)(5), (c)(4), (c)(10), (d)(3), (e)(2), (e)(4), or (e)(5) is presumed to be in violation until such time as that documentation is provided.
WATER INTEREST: A right to the beneficial use of water, including each of the rights listed in Utah Code Annotated section 73-1-11, as amended, and an ownership interest in the right to the beneficial use of water represented by a contract; or a share in a water company, as defined in Utah Code Annotated section 73-3-3.5, as amended.
WATER SURFACE ELEVATION: For the purposes of chapter 13.74, "Flood Damage Prevention Regulations", of this title, the height of floods of various magnitudes and frequencies in the floodplains of coastal or riverine areas in relation to the National Geodetic Vertical Datum (NGVD) of 1929 (or other datum, where specified).
WIRELESS TELECOMMUNICATIONS, AMATEUR RADIO FACILITY: For the purposes of chapter 13.83, "Wireless Telecommunications Facilities", of this title, an antenna and antenna support structure capable of transmitting as well as receiving signals and licensed by the Federal Communications Commission (FCC) to transmit amateur radio signals regardless of the transmission mode or frequency. For the purposes of this title, an amateur radio tower/antenna shall be considered an accessory structure and regulated as such (see chapter 13.83 of this title).
WIRELESS TELECOMMUNICATIONS, ANTENNA: A transmitting or receiving device used in telecommunications that radiates or captures radio signals.
WIRELESS TELECOMMUNICATIONS FACILITY: An unmanned structure which consists of equipment used primarily for the transmission, reception or transfer of voice or data through radio wave or wireless transmissions. Such sites typically require the construction of transmission support structures to which antenna equipment is attached.
WIRELESS TELECOMMUNICATIONS, LATTICE TOWER: A self-supporting multiple sided, open steel frame structure used to support telecommunications equipment.
WIRELESS TELECOMMUNICATIONS, MONOPOLE: An antenna or series of individual antennas mounted on a single cylindrical pole. Also includes associated equipment. For the purposes of this title, if a facility does not fit the definition of a roof or wall mounted facility it shall be considered a monopole facility.
WIRELESS TELECOMMUNICATIONS, ROOF MOUNTED: An antenna or series of individual antennas mounted on a flat or pitched roof, mechanical room, or penthouse of a building or structure. Also includes associated equipment.
WIRELESS TELECOMMUNICATIONS, STEALTH: A wall, roof, or monopole facility which is disguised as another object or otherwise concealed from view. Examples of stealth facilities include, but are not limited to, trees, synthetic rocks, flagpoles or architectural elements such as dormers, steeples, and chimneys.
WIRELESS TELECOMMUNICATIONS, WALL MOUNTED: An antenna or series of individual antennas mounted against the vertical wall of a building or structure. Also includes associated equipment.
YARD: A space on a lot, unoccupied and unobstructed from the ground upward by buildings or structures, except as follows:
A. Fences;
B. Canopies allowed under chapter 13.82 of this title;
C. Accessory buildings in a rear yard;
D. The ordinary projections of windows where the projection is at least eighteen inches (18") above floor level, roofs, cornices, chimneys, flues, and other ornamental features which project into a yard not more than three feet (3');
E. Open or lattice enclosed exterior stairways, located in a Commercial Zone, projecting into a yard not more than five feet (5'); and
F. Structures less than eighteen inches (18") in height from the finished ground surface.
YARD, CORNER SIDE: See section 13.04.050, figure 13.04.050.4 of this chapter. The side yard adjacent to a public street or private road extending from the front yard setback line to the rear lot line.
YARD, FRONT: See section 13.04.050, figure 13.04.050.4 of this chapter. A space on the same lot with a building, between the front line of the building and the front lot line, and extending across the full width of the lot.
YARD, REAR: See section 13.04.050, figure 13.04.050.4 of this chapter. A space on the same lot with a building, between the rear line of the building and the rear lot line, and extending the full width of the lot and more or less opposite to the front lot line.
YARD, SIDE: See section 13.04.050, figure 13.04.050.4 of this chapter. A space on the same lot with a building, between the side line of the building and the side lot line, and extending from the front yard to the rear yard.
ZERO LOT LINE: The location of a structure on a lot in such a manner that one or more of the structure's side facades rest directly on a lot line.
ZONING MAP: The map, adopted as part of this title that depicts land use zones, overlays, or districts. (Ord. 2012-15, 9-20-2012; amd. Ord. 2012-24, 11-1-2012; Ord. 2013-20, 9-5-2013; Ord. 2013-22, 9-5-2013; Ord. 2013-26, 10-10-2013; Ord. 2014-05, 4-17-2014; Ord. 2015-02, 2-5-2015; Ord. 2016-03, 3-17-2016; Ord. 2018-06, 5-17-2018; Ord. 2018-17, 11-1-2018; Ord. 2018-18, 11-8-2018; Ord. 2019-07, 4-4-2019; Ord. 2019-09, 5-16-2019; Ord. 2021-13, 5-20-2021; Ord. 2021-24, 9-9-2021; Ord. 2021-27, 10-14-2021; Ord. 2022-04, 1-20-2022; Ord. 2022-14, 6-16-2022; Ord. 2023-09, 9-7-2023; Ord. 2023-10, 9-7-2023)