For the purposes of this chapter certain terms and words are defined and are used in that defined context.
ALTERATION: As applied to a building or structure, means a change or rearrangement in the structural parts or in the exit facilities, or an enlargement, whether by extending on a side, by increasing in height, or the moving from one location or position to another.
ARCHITECTURALLY INCOMPATIBLE: Buildings or structures which are incongruous with adjacent and nearby development due to dissimilarities in style, materials, proportions, size, shape and/or other architectural or site design features.
BASEMENT: A story wherein exterior walls are fifty percent (50%) or more below grade. For purposes of establishing building height, a basement shall not count toward the maximum number of stories allowed. The exposed portion of the basement wall shall not exceed six feet (6').
BUILDABLE AREA: The portion of the lot remaining after required yards have been provided and after the limitations of any pertinent environmental regulations have been applied. Buildings may be placed in any part of the buildable area, but if there are limitations on percent of the lot which may be covered by buildings, some open space may be required within the buildable area.
BUILDING: A structure with a roof, intended for shelter or enclosure.
BUILDING CONNECTION: Two (2) or more buildings which are connected in a substantial manner or by common interior space including internal pedestrian circulation. Where two (2) buildings are attached in this manner, they shall be considered a single building and shall be subject to all yard requirements of a single building. Determination of building connection shall be through the site plan review process.
BUILDING OFFICIAL: The officer or other designated authority charged with the administration and enforcement of the building code.
BUILDING, PRINCIPAL: A building that is used primarily for the conduct of the principal use.
BUILDING, PUBLIC: A building operated by a public agency of the United States Of America or the state of Utah, or any of its subdivisions.
BUSINESS PARK: A business district planned and developed as an optimal environment for business occupants while maintaining compatibility with the surrounding community.
CERTIFICATE OF COMPLETION: A certificate issued at the time when all required inspections of a commercial building have been completed and approved by the building inspector and the building is ready for occupancy. Such certificate allows approval of final plat for commercial condominiums prior to use allowing for owner modifications and improvements to the interior of a building. Following any owner modifications or improvements, a certificate of occupancy will be issued upon inspection and approval by the building inspector.
CERTIFICATE OF OCCUPANCY: A certificate issued at the time when all required inspections on a building and/or interior modifications and improvements have been completed and approved by the building inspector and the building is ready for occupancy. In any case where a certificate of completion has been issued and owner modifications have been made, a final inspection by the building inspector must be completed and the modifications approved prior to receipt of the certificate of occupancy.
COMMERCIAL PLANNED UNIT DEVELOPMENT (CPUD): Commercial development wherein ownership of lots is accomplished by subdivided lots (which may be divided on 0 lot lines, including common walls), in which the balance of the common areas, space, and facilities are owned by a commonly managed owners' association.
COMMON AREAS, SPACE AND FACILITIES: The property and improvements of the condominium project or portions thereof, conforming to the definition and requirements set forth in section 57-8-7, Utah Code Annotated (1953, as amended); and common areas located outside of lot descriptions in the case of commercial planned unit developments (CPUDs).
CONCEPT DEVELOPMENT PLAN: A conceptual plan submitted for review and comment in order to obtain guidance from the city regarding how city requirements would apply to a proposed planned development.
CONDOMINIUM: Ownership of a single unit in a multi-unit project together with an undivided interest in common in the common areas and facilities of the property.
CONDOMINIUM-COMMERCIAL: Ownership of a single unit in a multi-unit commercial project together with an undivided interest in common in the common areas and facilities of the property.
CONDOMINIUM PROJECT: A real estate condominium project; a plan or project whereby two (2) or more units, whether contained in existing or proposed apartments, commercial or industrial buildings or structures, or otherwise, are separately offered or proposed to be offered for sale. Condominium project also means the property when the context so requires.
CONDOMINIUM-RESIDENTIAL: Ownership of a single unit in a multi-unit residential project together with an undivided interest in common in the common areas and facilities of the property.
CONDOMINIUM UNIT: A unit together with the undivided interest in the common areas and facilities appertaining to that unit. Any reference to a condominium unit includes both a physical unit together with its appurtenant undivided interest in the common areas and facilities, and a time period unit together with its appurtenant undivided interest, unless the reference is specifically limited to a time period unit.
CONVERSION: A proposed change in the type of ownership of a parcel or parcels of land, together with the existing attached structures, from single ownership of said parcel, such as an apartment house or multi-family dwelling, or multi-tenant commercial building, into that defined as a "condominium project", commercial planned unit development, or other ownership arrangement involving separate ownership of individual units combined with joint collective ownership of common areas, facilities or elements.
ELEVATION AREA: The area or portion thereof (in square feet) of an architectural elevation of one side of a building.
ELEVATION AREA, FIRST FLOOR: The elevation area or portion thereof (in square feet) of the first or ground floor (story) of one side of a building.
FLOOR AREA, GROSS (FOR DETERMINING FLOOR AREA RATIO AND SIZE OF ESTABLISHMENT): The sum of the gross horizontal area of all floors of the building measured from the exterior face of the exterior walls or from the centerline of walls separating two (2) buildings. The floor area of a building shall include basement floor area, penthouses, attic space having headroom of seven feet (7') or more, interior balconies and mezzanines, enclosed porches, and floor area devoted to accessory uses. The floor area of covered accessory buildings, including parking structures, shall be included in the calculation of floor area ratio. Space devoted to open air off street parking or loading shall not be included in floor area.
FLOOR AREA RATIO: The number obtained by dividing the gross floor area of a building or other structure by the area of the lot on which the building or structure is located. When more than one building or structure is located on a lot, the floor area ratio is determined by dividing the total floor area of all the buildings or structures by the area of the site.
GUEST: Any person hiring or occupying a room for living or sleeping purposes.
LOT; COMMERCIAL LOT: It shall include a subdivided portion of a commercial planned unit development where the primary business activity is conducted, which is in separate fee title ownership.
OPEN SPACE: Any area of a lot which is completely free and unobstructed from any structure or parking areas including landscaping, walkways, uncovered patio areas, light poles and other ornamental features. Driveways that provide access to parking lots, not exceeding twenty percent (20%) of any required yard area that they provide access through, shall not be considered as an obstruction.
PATIO: A paved surface on an earthen/stone base that is not more than two feet (2') above established grade, designed for pedestrian use.
PEDESTRIAN CONNECTION: A right of way intended for pedestrian movement/activity, including, but not limited to, sidewalks, internal walkways, external and internal arcades, and plazas.
PLANNED DEVELOPMENT: A lot or contiguous lots of a size sufficient to create its own character where there are multiple principal buildings on a single lot, where not otherwise authorized by this title, or where not all of the principal buildings have frontage on a public street. A planned development is controlled by a single landowner or by a group of landowners in common agreement as to control, to be developed as a single entity, the character of which is compatible with adjacent parcels and the intent of the zoning district or districts in which it is located.
PLAZA: An open area which is available to the public for walking, seating and eating.
RECORD OF SURVEY MAP: The map as defined in section 57-8-3, Utah Code Annotated (1953, as amended).
SHOPPING CENTER: A concentration of related commercial establishments with one or more major anchor tenants, shared parking, and unified architectural and site design. A shopping center normally has single or coordinated ownership/operations/management control and may include pad site as well as architecturally connected units.
UNIT: Either a separate physical part of the property intended for any type of independent use, including one or more rooms or spaces located in one or more floors or part or parts of floors in a building or a time period unit or facility as defined in section 57-8-3, Utah Code Annotated (1953, as amended). (Ord. 2007-16, 4-4-2007; amd. Ord. 2011-05, 4-20-2011)