ACCESSORY APARTMENT: Means a subordinate portion of a single-family dwelling, and is a "dwelling unit" as defined in the International Residential Code (IRC), under this section, and under section 18.84.410 of this title, which includes provisions for sleeping, eating, cooking and sanitation.
ACCESSORY BUILDING/STRUCTURE: Means a detached subordinate building or structure, the appropriate use of which is subordinate and customarily incidental to that of the main building or to the main use of the land and which is located on the same lot or parcel of land with the main building or use. An accessory building/structure does not include a dwelling unit, guesthouse or separate apartment unit if located in a residential zone.
ACCESSORY USE: Means a related use which is incidental to the prescribed and permissible use.
AGRIBUSINESS: Means the businesses associated with agriculture, such as the processing and marketing of agricultural products, manufacturing of farming equipment, and the production and sale of products used in agriculture.
AGRICULTURE: Means the science and art of farming; work of cultivating the soil, producing crops, and raising livestock.
ALLEY: Means a public way primarily for utility use and for servicing the property adjacent thereto.
AMATEUR RADIO ANTENNA: Means an antenna which is used for transmitting and receiving radio signals from a radio station controlled by an operator licensed by the Federal Communications Commission.
AMATEUR RADIO ANTENNA SUPPORT STRUCTURE: Means a lattice or pole structure which acts as a support to the amateur radio antenna. Typical support structures are triangular or square in cross section, crank up, or guyed, and are constructed with galvanized steel or aluminum.
ANIMAL UNIT: An "animal unit" shall be one or a proportionate combination of the following:
A. Two (2) cows, or two (2) horses, or two (2) pigs, or two (2) llamas, or two (2) other similar large animals.
B. Eight (8) adult sheep or feeder lambs, or four (4) alpacas (similar to llama).
C. Four (4) goats.
D. Thirty six (36) chickens, or thirty six (36) pigeons, or thirty six (36) similar small fowl. For regulations regarding the keeping of chickens, see section 18.84.240 of this title.
E. Thirty six (36) rabbits, or thirty six (36) similar small animals.
F. Four (4) large birds such as ostriches, or emus, or peacocks.
G. Sixteen (16) turkeys.
H. One deer, or one elk, or one moose, or one bison, or one other such wild animal.
For the purpose of determining compliance, said definition shall not include the unweaned offspring of any residing animal which is less than six (6) months in age.
ANTENNA: Means a transducer, attached to a support structure, designed to transmit or receive electromagnetic waves.
APARTMENT: Means a dwelling unit within a multi-unit dwelling with exclusive living, cooking, sleeping and bathroom areas.
APARTMENT BUILDING AND MULTI-UNIT DWELLING: Means any building or portion thereof which is designed, built, rented or leased, let or hired out to be occupied or which is occupied as the home or residence of three (3) or more families living independently of each other and doing their own cooking within the premises.
APIARY: Means the assembly of one or more colonies of bees at a single location.
ASSEMBLY USE: Means a business where finished parts are put together to develop a final product. These uses include computer and electronic assembly, and similar uses, but do not include vehicle or manufacturing type uses.
ATHLETIC CLUBS, BODYBUILDING STUDIOS, SPAS, AEROBIC CENTERS: Means an establishment that provides for aerobic exercises, running and jogging, exercise equipment, game courts, swimming facilities, and saunas, spas, showers and lockers.
AUDITORIUM: Means a large room to accommodate an audience in a building such as a school or theater. "Auditorium" also includes a large building for public meetings, performances, or receptions.
BED AND BREAKFAST INN: Means a business, located in a dwelling, in which two (2) or more bedrooms are rented nightly or weekly, and where one or more meals are provided to the guests only, the price of which is usually included in the room rate.
BOARDING HOUSE: Means a building containing not more than one kitchen, where for compensation, meals are provided pursuant to previous arrangements on a daily, weekly or monthly basis as distinguished from a hotel, cafe, lodging or rooming house.
BOARDING SCHOOL: Means a building or facility used for the housing, accommodation, boarding, lodging, instruction and supervision of persons or patrons on a day and night basis.
BUILDABLE AREA: Means a lot or portion thereof possessing all of the following physical characteristics:
A. The area contains no territory having a slope of thirty percent (30%) or greater.
B. The area contains no territory which is located in any identified floodplain or within any recognized inundation zone, mudflow zone or zone of deformation, or lands subject to earth slippage, landslide or rockfall.
C. The engineering properties of the soil provide adequate structural support for the intended use.
D. The area does not possess any other recognized natural condition which renders it unsafe for building purposes.
E. Engineered to mitigate the hazards.
BUILDING: Means any structure built for the support, shelter or enclosure of persons, animals, chattels or property of any kind.
BUILDING ENVELOPE: Means a designated area shown on the preliminary and final subdivision plat, or building permit site plan that shows the required area a structure must be built within to comply with setback requirements.
BUILDING, MAIN: Means the principal buildings upon a lot. Garages, carports and other buildings which are attached to a dwelling or other main building or which are situated closer to the main building than the minimum distance specified in the zone requirements shall be considered as a part of the main building.
CAFE: Means a coffeehouse or small restaurant where drinks and snacks are sold.
CAMPING: Means the temporary establishment of living facilities such as tents, RVs, travel trailers, recreational coaches, or any other temporary living or dwelling for any period of time. Camping on public property, including streets, parks and publicly owned lots, is prohibited. Camping on private property is prohibited except as allowed in this title.
CAMPING UNIT: Means any trailer, recreational vehicle, or similar vehicle or device established or maintained and operated as temporary living quarters for recreation, education, or vacation purposes.
CAR WASH: Means a facility used to clean the exterior, and sometimes the interior, of passenger vehicles.
CARETAKER DWELLING: Means a dwelling which is occupied by a person whose function is to watch or take care of a business, industry, or public school which is located on the same premises as the dwelling.
CHECK CASHING: Means cashing a check for consideration or extending a deferred deposit loan and shall include any other similar types of businesses licensed by the State pursuant to the Check Cashing Registration Act.
CHILD CARE, COMMERCIAL: Means an establishment that provides regular shelter, care, activity and supervision for eight (8) or more children.
CHILD CARE, RESIDENTIAL: Means a child care business operated within a dwelling and subject to section 18.84.380 of this title.
CLINIC, ANIMAL: Means a building used for the diagnosis and treatment of ill, infirm and injured animals, but which building does not provide board, room, or regular veterinarian care and services.
CLUB: Means a building used, occupied and operated by an organized association of persons for social, fraternal, religious or patriotic purposes, whose activities are confined to the members and their guests, but shall not include any organization, group or association, the principal activity of which is to render a service usually and ordinarily carried on as a business.
COLLOCATION: Means the use of a wireless telecommunications facility by more than one wireless telecommunications provider.
COMMERCIAL CONVENIENCE STORE: Means those commercial establishments known as convenience stores, food marts, or c-stores and includes any retail establishment characterized by a rapid turnover of customers and high traffic generation, offering for sale a relatively limited line of prepackaged food products and snacks, household items, newspapers and magazines, and sandwiches and other freshly prepared foods, such as salads, for on or off-site consumption. A commercial convenience store may be co-located with a gas station, drive through restaurant or other use only when that additional use is also specifically permitted by the applicable zoning district.
COMMERCIAL KENNEL: Means a shelter for or a place where more than five (5) dogs or cats are bred, boarded, or trained for monetary gain.
COMMERCIAL MIXED-USE: Means development which incorporates a mix of uses, including retail commercial, and/or offices and residential.
COMMERCIAL NURSERY: Means a business where young plants or trees are raised for experimental horticultural purposes, for transplanting, or for sale.
COMMERCIAL PARKING LOT: Means a parking lot or structure primarily used for parking motor vehicles for a fee, for a use that is not located on site, or for intermodal transfer facilities such as park and ride lots or transit stations.
COMMERCIAL REPAIR SERVICES: Means repair of products, not to include vehicles or heavy equipment. These uses include consumer repair services for individuals and households for items such as household appliances, musical instruments, cameras, household electronic equipment, and similar uses. Any other uses specifically listed within each particular zoning district shall not be construed as falling within this generic definition.
COMPREHENSIVE MENTAL HEALTH TREATMENT: Means a facility used to treat people with mental illnesses of all ages and genders in a comprehensive manner.
CONDITIONAL USE: Means a use which requires approval of the Planning Commission before the Community Development Director may issue a permit therefor; generally, those uses which require individual consideration of surrounding conditions and circumstances to carry out the intent and purpose of the zoning plan; a use for which a conditional permit is required by this title.
CONDITIONAL USE AGRICULTURE: Means commercial types of agriculture that due to their nature may create a public nuisance without adequate measures being taken. These types of agriculture can only be engaged in under the conditional use provisions of this title. This shall include, but not be limited to, the following types of agriculture:
A. Breeding and raising of fur animals.
B. Commercial aviaries.
C. Breeding and raising of fowl, squab, rabbits and other small animals to be utilized as food or sold as pets.
D. Breeding and raising of deer, elk, moose, bison, and other such naturally wild animals.
E. Breeding and raising of exotic animals.
F. Greenhouses and other crops grown within structures.
CONDOMINIUM: Means any structure or parcel that has been submitted to fractionalize ownership under the provisions of the Utah Condominium Ownership Act.
CONVALESCENT HOME, REST HOME AND NURSING HOME: Means any building or structure designed for the licensed care of persons recovering from illness or requiring nursing or similar care.
CONSTRUCTION/CONTRACTOR OFFICES: Means a portable trailer used as an office in conjunction with an ongoing, on site construction project.
CONVENTIONAL CONSTRUCTION: Means a structure which is constructed in compliance with the provisions of the International Residential and Commercial Code, International Mechanical Code, National Electrical Code, and International Plumbing Code as adopted by the City.
COOP: Means a freestanding building for the sheltering of fowl.
CURB CUT: Means a cut in the curb line for the passage of vehicles.
DELI/DELICATESSEN: Means an establishment where food is sold for consumption off-premises and no counters or tables for on- premises consumption of food are provided, but excludes groceries and supermarkets.
DESIGNATED CITY STREET: Means an existing designated Federal or State highway or an existing, or proposed City street which is shown on the transportation and circulation element of the General Plan of the City.
DISABILITY: Is defined in section 57-21-2 of the Utah Code Annotated.
DISABLED CARE FACILITY: Means a long-term care residential facility for disabled persons, persons suffering from 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 an impairment or being regarded as having such an impairment.
DRIVE-THROUGH RESTAURANT: Means a restaurant that includes a window or similar feature which allows food to be ordered and taken from the premises for consumption elsewhere without leaving a vehicle.
DUPLEX: Means a building designed as a single structure, containing two (2) separate living units, each of which is designed to be occupied as a separate permanent residence for one family.
DWELLING: Means any building which is used for residential purposes, except a hotel, tourist court, boarding or rooming house, rest home, childcare home or trailer house and the like.
DWELLING UNIT: Means one or more rooms in a residential building or residential portion of a building that are arranged, designed, used, separated, or intended for use as a complete, independent living facility for a single family and that includes permanent provisions for living, sleeping, eating, cooking, and sanitation.
ELDERLY HOUSING, ASSISTED LIVING: See definition of "convalescent home, rest home and nursing home".
ELDERLY HOUSING, CONGREGATE CARE FACILITY: See definition of "convalescent home, rest home and nursing home".
ELDERLY HOUSING, LIFECARE OR CONTINUING CARE SERVICES: See definition of "convalescent home, rest home and nursing home".
ELDERLY HOUSING, RESIDENTIAL CARE FACILITY: See definition of "residential facilities for elderly persons".
ELDERLY HOUSING, RETIREMENT HOUSING: See definition of "senior housing".
ENTERTAINMENT CENTER: Means an establishment or enterprise for the purpose of amusing or entertaining persons for profit or nonprofit and generally contained within a structure. Such uses include, but are not limited to, theater, playhouse, cinema, performing arts, planetarium, discovery center, museum, amusement house, or bowling alley. This use does not include "sexually oriented business entertainment".
EXOTIC ANIMALS: Means any animal, including fowl, reptiles, etc., that is not native to this area. This does not include animals that are not native to this area but by tradition and time are now common to this area.
FAMILY:
A. Means one of the following groups of individuals, but not more than one group at the same time:
1. An individual living alone; or
2. Two (2) or more people, all of whom are related to one designated occupant of the dwelling by blood, marriage, adoption, or legal guardianship and their foster children and up to two (2) other unrelated persons who do not pay rent; or
3. Up to four (4) related or unrelated individuals who live and cook together as a single housekeeping unit; or
4. Two (2) unrelated individuals and any children of either of them living as a single housekeeping unit.
B. 1. Family includes up to two (2) guests if the guests live and cook together with the family in a single dwelling unit and do not pay rent or give other consideration for the privilege of staying with the family.
2. A "guest" under this subsection B is defined as a person who stays with a family for a period of less than thirty (30) days within any rolling one year period and does not utilize the dwelling as a legal address for any purpose.
FINANCIAL INSTITUTIONS: Means a trust company, savings bank, industrial bank, savings and loan association, building and loan association, commercial bank, credit union, Federal association, investment company, or other business association, which is chartered under Federal or State law, solicits, receives, or accepts money or its equivalent on deposit and loans money as a regular business. "Financial institutions" does not include "check cashing", "pawn shops" or other similar uses.
FLAG: A fabric, banner, or bunting containing distinctive colors, patterns, or symbols, used as a symbol.
FLOOR AREA: The "floor area" of a building is the sum of the areas of the several floors of the building, including basements, mezzanines and penthouses, of headroom height, measured from the exterior walls or from the centerline of walls separating buildings. The floor area does not include unoccupied features such as pipe trenches, decks, steps, chimneys, roof overhangs, etc. Garage area is considered separately.
FUNERAL HOME: Means a building used for the preparation of the deceased for burial and the display of the deceased and rituals connected therewith before burial or cremation.
GARAGE, PRIVATE: Means a detached accessory building or portion of a main building designed for the parking or temporary storage of automobiles of the occupants of the premises.
GAS STATION: Means a facility limited to retail sales to the public of gasoline, motor oil, lubricants, motor fuels, travel aides, and minor automobile accessories. A gas station may be co- located with a commercial convenience store, drive through restaurant or other use only when that additional use is also specifically permitted by the applicable zoning district.
GAS STATION, CARDLOCK FUELING STATION: Means an automated vehicle fuel sales facility without an attendant.
GAS STATION WITH VEHICLE REPAIR: Means a "gas station" that offers substantial vehicle repair services in addition to other accessory sales. See definition of "vehicle repair".
GRADE, FINISHED: Means the topographic elevations where the earth meets the building, upon project completion. Excluded from this definition are window wells serving basement rooms. Also referred to as "final grade".
GRADE, NATURAL: Means the topographic elevations representing the surface of the ground prior to grading, filling, or other site alterations for a project. When natural grade is not readily apparent, an approximation of preexisting conditions using grades on adjacent sites, retaining walls, prior survey maps, etc., may be used as a reference for determining natural grade. All such grade approximations shall require the concurrence by the Community Development Director. Also referred to as "existing grade".
GUEST: Means a person paying for staying or receiving services at a hotel, motel, boarding house, rooming house or rest home, or similar facility.
HEIGHT, BUILDING: The height of a building shall be measured as the plumb vertical distance from any point on the roof to the existing or final grade, whichever is more restrictive.
HOME OCCUPATION: Means any gainful occupation, service, profession, manufacturing or similar activity conducted in a consistent and ongoing manner within a dwelling. Home occupations are subject to section 18.84.380 of this title.
HOSPITAL, MEDICAL CENTER: Means an institution specializing in clinical, temporary or emergency medical services to humans and/or licensed by the State to provide diagnosis, treatment, surgery, obstetrics and general medical practice.
HOTEL/MOTEL: Means an establishment with temporary lodging in rooms, for less than one month, that has interior common corridor access to rooms, may include a restaurant, and may contain accessory uses and services, including, without limitation, newsstands, gift shops, and similar incidental uses conducted entirely within the principal building but excludes a "bed and breakfast", as defined in this section.
KENNEL: Means any lot or premises on which three (3) or more dogs over four (4) months old are kept.
LAND USE APPLICATION: Means an application required by the Development Code.
LAND USE AUTHORITY: Means the person, board, commission, agency or other body designated by the Mapleton City Council to act upon a land use application.
LAND USE DECISION: Means any final decision of the City Council, Planning Commission, or final administrative decision of the Community Development Director or other official responsible for the enforcement of Development Code regulations.
LAND USE PLAN: Means a Comprehensive Plan adopted and maintained by the City which shows the most appropriate use of land within the City; an element of the General Plan.
LANDSCAPING: Means some combination of planted trees, shrubs, vines, ground cover, flowers or lawns. In addition, the combination or design may include rock and such structural features as fountains, pools, artworks, screens, walls, fences, or benches but such objects alone shall not meet the requirements of this title.
LATTICE TOWER: Means a support structure constructed of vertical metal struts and cross braces forming a triangular or square structure which often tapers from the foundation to the top.
LODGING HOUSE OR ROOMING HOUSE: Means a building where sleeping accommodations are provided for compensation pursuant to previous arrangement on a daily, weekly or monthly basis as distinguished from a hotel, tourist home, motel, or boarding house.
LOT: Means a tract of land, which may or may not be for sale or intended to be; land occupied by a building together with such open spaces as required under this title and having its principal frontage on a street; also a tract of land which is contained in a planned unit development under separate ownership.
LOT, CORNER: Means a lot situated at a junction of two (2) streets, or situated on a curved street or way whose radius is thirty five feet (35') or less, and where the angle formed by the intersection of the tangents is one hundred five degrees (105°) or less.
LOT, INTERIOR: Means a lot other than a corner lot.
LOT LINE, FRONT: Means the front boundary line of a lot bordering on the street.
LOT LINE, REAR: Means a lot line which is opposite and most distant from the front lot line. In the case of an irregular shaped lot, the rear lot line shall be that lot line which is generally parallel to and at the maximum distance from the front lot line, having a length of at least ten feet (10').
LOT LINE, SIDE: Means any lot boundary line not a front lot line or a rear lot line.
LOT, THROUGH: Means a lot having frontage on two (2) streets which are parallel or nearly so.
MACHINE SHOP: Means shops where lathes, presses, grinders, shapers, and other wood- and metal-working machines are used such as blacksmith, tinsmith, welding, and sheet metal shops; plumbing, heating, and electrical repair shops; and overhaul shops.
MANUFACTURED HOME: Means a dwelling unit, constructed in accordance with the Federal Manufactured Home Construction and Safety Standards (HUD Code); fabricated in one or more sections at a location other than the placement site; designed to be transported, after fabrication, and designed and intended for permanent occupancy as an independent dwelling unit upon connection to required utility systems. The term "manufactured home" shall also include any structure meeting the above description which is used for office, classroom, laboratory, processing, manufacturing, retail sales, or other such use.
MANUFACTURING, HEAVY: The manufacture or compounding process of raw materials. These activities or processes would necessitate the storage of large volumes of highly flammable, toxic matter or explosive materials needed for the manufacturing process. These activities may involve outdoor operations as part of their manufacturing process.
MANUFACTURING, LIGHT: Means an establishment primarily engaged in the production, fabrication, processing or assembly of goods and materials using processes that ordinarily do not create noise, smoke, fumes, odors, glare, or health or safety hazards outside of the building or lot where such activities take place and are located entirely within a building. Such uses include research and development facilities and testing laboratories. These uses do not include refineries, rock crushers, incinerators, and similar uses.
MOBILE HOME: Means a dwelling unit designed to be transported, after fabrication, on its own wheels designed and intended for permanent occupancy as an independent dwelling unit, upon connection to required utility systems; but which is not constructed in compliance with the City's adopted Building, Mechanical, Electrical, and Plumbing Codes or the Federal Manufactured Home Construction and Safety Standards (HUD Code). The term "mobile home" shall also include any structure meeting the above description which is used for an office, classroom, laboratory, processing, manufacturing, retail sales, or other such uses.
MOBILE HOME PARK: Means an area or tract of land used to accommodate two (2) or more mobile homes intended to be occupied as residences connected to required utility systems.
MODULAR HOME: Means a dwelling unit constructed in compliance with the provisions of the International Residential and Commercial Code, Mechanical Code, National Electrical Code, and Plumbing Code as adopted by the City; fabricated at a location other than the intended placement site; designed to be transported after fabrication; and designed and intended for permanent occupancy as an independent dwelling unit following placement upon a permanent foundation and connection to required utility systems.
MONOPOLE: Means a support structure constructed of a single, self-supporting hollow metal tube securely anchored to a foundation.
NATURAL CONDITIONS ANALYSIS MAP: Means a contour map showing all territory within the proposed project and identifying: a) the location and extent of all areas having an undisturbed slope of more than thirty percent (30%), b) the location of other natural feature or conditions including, but not limited to, intermittent and perennial stream channels and ponds, spring areas, significant drainage channels, wetlands, floodplain or inundation zones, mudflow areas, major fault segments, zones of deformation, etc., including, but not limited to, all hazards shown on the Utah County hazard and FEMA maps, and c) the location of all territory meeting the qualification for buildable area.
NONCOMMERCIAL AGRICULTURE: Means agriculture on residential lots generated solely for the benefit and use of the residents of the lot.
NONCONFORMING STRUCTURE: Means a building, structure, or portion thereof, which does not conform to the regulations of this title applicable to the zone or district in which such structure is situated, but which existed prior to the effective date of the ordinance codified in this title.
NONCONFORMING USE: Means a use of premises which does not conform to the regulations of this title, but which was in existence at the effective date of the ordinance codified in this title.
OCCUPANCY, CHANGE OF: Means any change in the character or use of a building or premises, not including change of tenants, proprietors or occupants.
OFF STREET PARKING SPACE: Means an area approved for the parking of automobiles which does not include a public street, but has convenient access to it.
OFFICE, GENERAL: Means a building offering executive, administrative, professional, or clerical services, or portion of a building wherein services are performed involving predominately operations with limited client visits and limited traffic generated by employees and/or clients.
OFFICE, INTENSIVE: Means a business offering executive, administrative, professional or clerical services with a high level of client interaction and traffic generated; and/or a business which employs five (5) or more persons per one thousand (1,000) square feet of net leasable office space.
OFFICE, MEDICAL: Means a building used by physicians, dentists, and similar personnel for the treatment and examination of patients solely on an outpatient basis, provided that no overnight patients shall be kept on the premises.
OFFICIAL ZONE MAP: Means an up to date map on display in the Planning and Zoning Office, which shows the territory covered by the various zones as officially adopted by the City Council.
OPEN SPACE: Means land devoted to conservation or recreational purposes and/or land designated by a municipality to remain undeveloped (may be specified on a zoning map).
OUTDOOR DINING: Means an area of designated size used as a seating area with table and chair for the contiguous restaurant.
OUTDOOR STORAGE: Means the accessory location of any goods, wares, merchandise, commodities, or any other item outside of a completely enclosed building for a continuous period longer than twenty four (24) hours. The area used for outdoor storage shall not constitute more than fifteen percent (15%) of the lot area. With the exception of retail sales displays in an approved commercial area, outdoor storage shall be screened from public view by a minimum six foot (6') high opaque fence or, when outdoor storage occurs in a front yard, side yard, or any other location within the public view, a fence or screening of a height and material determined by the Planning Commission. The presence of hazardous materials, junk, junk cars, or debris not usually appurtenant to permitted on-site uses is prohibited. "Outdoor storage" as defined herein does not include construction yards, storage yards, or other storage uses where the storage of items outside of an enclosed building is a primary characteristic of the use. See definition of "storage yard".
PARK AND PLAYGROUND: Means an open space which has been dedicated, designed for, or used for outdoor recreation activities, not including outdoor theaters and similar commercial recreational activities.
PARKING SPACE: Means space within a building or parking area, exclusive of driveways, ramps, columns, office and working areas, for the parking of a motor vehicle, not less than twenty feet (20') in length and not less than nine feet (9') in width.
PAWN SHOP: Means any person, firm, corporation, or business which loans money on deposit of personal property, or deals in the purchase, exchange or possession of personal property on condition of selling the same back again to the pledgor or depositor, or loans or advances money on personal property by taking chattel mortgage security thereon, and takes or receives such personal property.
PLANNED UNIT DEVELOPMENT: Means a lot or tract of land which is planned and developed as a single entity within the zone wherein the requirements applying to individual buildings are modified in accordance with the approved plan.
PRIVATE KENNEL: Means a shelter for or a place where over three (3) and no more than five (5) dogs and cats are bred, boarded, or trained for no monetary gain.
PROHIBITED USE: Means a use that is not permitted or allowed to be established in a zone. Any use not specifically listed as an allowed use, an administrative conditional use or a conditional use is prohibited in that zone.
PUBLIC PARKS: Means parks which are maintained by a public agency.
PUBLIC SCHOOL: Means a school established under the laws of the State and administered by local authorities which is maintained at the public expense by taxation and is open to the children of all residents of the community.
QUADRANT: Means a quarter area of the City bounded and separated by Main Street and Maple Street dividing the area of the City into four (4) sections namely the northeast, northwest, southeast and southwest sections.
RECREATION FACILITY, COMMERCIAL: Means recreation facilities operated as a business on private or public property and open to the public for a fee.
RECREATION FACILITY, PRIVATE: Means a recreation facility operated on private property and not open to the public, including recreation facilities owned by a homeowners' or property owners' association for private use.
RECREATION FACILITY, PUBLIC: Means a recreation facility operated by a public agency and open to the public with or without a fee.
RESIDENTIAL FACILITIES FOR ELDERLY PERSONS: Means a residence in which more than one elderly person resides in a residential setting. Such uses are subject to subsection 18.84.370A of this title.
RESIDENTIAL PET OR HOUSEHOLD PET: Means animals or fowl customarily permitted in the house and kept for company or pleasure, including dogs, cats, canaries and similar pets.
RESTAURANT: Means a structure in which the principal use is the preparation and sale of food and beverages.
RETAIL AND SERVICE COMMERCIAL: Means a business primarily engaged in the sale or rental of goods, merchandise, or services directly to the consumer, and includes no outdoor storage. These uses do not include sexually oriented businesses, vehicle or large equipment rental, sales, repair or assembly. Uses include department, grocery, variety and drug stores; art galleries; bakeries; barbershops; jewelry stores; florists; auto parts stores; business, personal and social services; and similar uses. These uses may include twenty four-hour uses and drive-up windows subject to chapter 18.92 of this title.
SALVAGE YARD: Means a place where scrap, waste, discarded or salvaged materials is brought, sold, exchanged, baled, packed, disassembled or handled or stored, including auto wrecking yards, house wrecking yards, used lumber yards and places or yards for storage of salvage, house wrecking and structural steel materials and equipment; but not including such places where such uses are conducted entirely within a completely enclosed building or yard, and not including pawnshops and establishments for the sale, purchase or storage of used furniture and household equipment, used cars in operable condition, or salvaged materials incidental to manufacturing operations conducted on the premises.
SCHOOL: Means a building, structure or facility used and employed primarily for the instruction, training or tutoring of persons, students or patrons without providing board, room or living accommodations.
SELF-SERVICE STORAGE FACILITY: Means a building or group of buildings consisting of separate, individual and private units of varying sizes leased or rented to individuals, organizations or businesses for the self-service storage of personal property for varying periods of time. A self-service storage facility may include outdoor storage in conjunction with storage buildings. In no case shall storage spaces be used for manufacturing, retail, office, commercial service, or residential uses.
SENIOR HOUSING: Means any age restricted development which may be in any housing form, including detached and attached dwelling units, apartments, and residences, offering private and semiprivate rooms.
SETBACK: Means the shortest distance between the property line and any portion of a building or structure.
SEXUALLY ORIENTED BUSINESS: Means any establishment that is an adult arcade, adult bookstore, adult novelty store, adult video store, adult cabaret, adult motel, adult motion picture theater, exotic dance service, or semi-nude model studio as defined in this Code, as well as any other establishment that regularly features or regularly shows any sexually oriented entertainment activity, including any dual-purpose business.
SHOPPING CENTER: Means a group of commercial establishments planned, constructed, and managed as a total entity, with customer and employee parking provided on-site, provision for goods delivery separated from customer access, aesthetic considerations and protection from the elements, and landscaping and signage in accordance with an approved plan.
SHORT TERM RESIDENTIAL RENTAL PROPERTY: Means property which is used by any person or entity, for transient lodging uses where the term of occupancy, possession or tenancy of the property by the person or entity is for less than thirty (30) consecutive calendar days, for direct or indirect remuneration. For this definition, "remuneration" means compensation, money, rent or other consideration given in return for occupancy, possession or use of real property. This definition does not include uses such as a hotel, motel, bed and breakfast or timeshare.
SIGN, MONUMENT: Means a freestanding sign that is supported by a solid base (other than poles) such that the bottom of the sign face is three feet (3') or less above grade and does not exceed eight feet in height and ten feet in width (8' x 10').
SIGN, OFF PREMISES: Means a sign which directs attention to a business, commodity, service or entertainment, conducted, sold, or offered elsewhere than on the premises, and only incidentally on the premises, if at all.
SIGN, ON PREMISES: Means a sign directing attention to a use conducted, product or commodity sold, service performed or business name upon the premises on which it is located.
SINGLE ADULT LIVING UNIT: Means a dwelling unit having one or more rooms in a building for living or sleeping purposes and having one kitchen or set of cooking facilities.
SINGLE-FAMILY DWELLING: Means one dwelling unit contained within a single structure intended to be occupied by a "family", as defined in this section.
SPORTS FACILITY: Means a facility or facilities, both indoor or outdoor, for the teaching, practicing and/or playing of sporting activities.
STEALTH DESIGN: Means the use of alternative support structures to blend or hide the communication equipment with the design, shape, or color of the structure. Examples of stealth design are, but not limited to, field lights, clock towers, bell towers, water towers, flagpoles, windmills, monuments, etc.
STORAGE YARD: Means the location of goods, wares, merchandise, commodities, equipment, materials or any other item outside of a completely enclosed building for a continuous period longer than twenty four (24) hours when such storage is a primary characteristic of a permitted use or constitutes more than fifteen percent (15%) of the lot area. The presence of hazardous materials, junk, junk cars, or debris not usually appurtenant to permitted on-site uses is prohibited. Storage yards shall be screened from public view by a minimum six foot (6') high masonry fence and, when outdoor storage occurs in a front yard, side yard, or any other location within the public view, additional screening of a height and material determined by the Planning Commission. For the purposes of this title, construction yards, lumber yards, and like uses are considered to be storage yards as regulated herein. Compare with the definition of "outdoor storage".
STORY: Means that portion of a building included between the surface of a floor and the ceiling next above it.
STREET: Means a public thoroughfare other than an alley or a trail.
Arterial Class Street: Means one of the principal streets in the City, as shown and designated on the transportation and circulation element of the General Plan of the City as an arterial class street.
Local Class Street: Means one of the principal streets in the City, as shown and designated on the transportation and circulation element of the General Plan of the City as a local street.
Major Collector Class Street: Means one of the principal streets in the City, as shown and designated on the transportation and circulation element of the General Plan of the City as a major street.
Rural Local Class Street: Means any dedicated street serving as the principal means of access to property, which street is not shown on the General Street Plan of the City as a major street.
TELECOMMUNICATION: Means the technology which enables information to be exchanged through the transmission of voice, video, or data signals by means of electrical or electromagnetic systems.
TOWNHOUSE: Means a single dwelling unit in a townhouse group of three (3) or more units, located or capable of being located on a separate lot, and being separated from the adjoining dwelling unit by an approved common wall extending from the foundation through the roof. A townhouse includes direct ground level access to the outdoors.
TRAILER HOUSE: Means a nonmotorized vehicle used or maintained for human habitation.
TRAILER SPACE: Means a lot or parcel of land used for the parking of mobile homes in a mobile home park or travel trailer court for the accommodation of a mobile home or a trailer house camper.
TRAVEL TRAILER COURT: Means an area or tract of land used to accommodate two (2) or more travel trailers or camper units for a short period of time (less than 30 days).
TWIN HOME: Means a two-dwelling structure in where each dwelling unit is located on a separate zoning lot.
VARIANCE: Means a waiver of specific regulations of this title granted by the City in accordance with the provisions set forth in this title for the purpose of assuring that no property because of special circumstances applicable to it shall be deprived of privileges commonly enjoyed by other properties in the same zone.
VEHICLE ASSEMBLY: Means a business where finished vehicle-related parts are put together to develop a final product.
VEHICLE-RELATED USE: Means an establishment primarily engaged in the sale or rental of goods, merchandise, and services related to vehicles, such as repair, body work, painting, detailing, vehicle and vehicle-related equipment sales. These uses do not include auto dismantling, salvage, junkyards, and similar uses.
VEHICLE RENTAL: Means a business primarily engaged in the rental of vehicles.
VEHICLE REPAIR: Means a business engaged in the servicing of passenger vehicles, light and medium trucks and other consumer motor vehicles such as motorcycles, boats and recreational vehicles. "Vehicle repair" includes businesses where minor auto repair services performed may include lubrication and service of vehicles, tune-ups, transmission or muffler repair, alignment services, auto upholstery shops, auto detailing, tire sales, repair and/or mounting, and other similar repairs. "Vehicle repair" also includes major auto repair such as the removal of engines, rebuilding of engines, repair of the internal components, repair or removal of differentials or axles, and body work. "Vehicle repair" may also include uses that are often accessory to businesses engaged in the repair of vehicles such as offices, part sales, storage of merchandise, and vehicle storage when such vehicle storage is fully and adequately screened. "Vehicle repair" does not include repair and service of commercial or industrial vehicles and equipment or other heavy vehicles in excess of ten thousand (10,000) GVW, "vehicle assembly", "manufacturing use", auto dismantling or wrecking, salvage, "junkyards", or similar uses.
VEHICLE SALES (MINOR): Means a business engaged in only the sale of operable vehicles and that displays no more than three (3) vehicles outside and ten (10) vehicles inside.
VEHICLE SALES AND SERVICE (MAJOR): Means a business primarily engaged in the sale of operable vehicles with more than three (3) vehicles displayed outside and more than ten (10) vehicles inside. Vehicle parts and accessories may be sold, and minor repair and installation of parts and accessories may be performed on site as part of this use.
VENDING CART: Means a small wheeled, nonmotorized device from which to sell food and/or merchandise for immediate consumption or use.
VETERINARY HOSPITAL: Means an establishment for the care and treatment of the diseases and injuries of animals and where animals may be boarded during their convalescence.
WAREHOUSE/DISTRIBUTION: Means a use engaged in storage, wholesale, and distribution of manufactured products, supplies, and equipment, excluding bulk storage of materials that are inflammable or explosive or that present hazards or conditions commonly recognized as offensive. Does not include "self-service storage facility".
WIRELESS TELECOMMUNICATIONS ANTENNA: Means the physical device through which electromagnetic, wireless telecommunications signals authorized by the Federal Communications Commission are transmitted or received. Antennas used by amateur radio operators are excluded from this definition.
WIRELESS TELECOMMUNICATIONS EQUIPMENT SHELTER: Means the structure in which the electronic receiving and relay equipment for a wireless telecommunications facility is housed.
WIRELESS TELECOMMUNICATIONS FACILITY: Means a facility consisting of the equipment and structures involved in receiving telecommunications or radio signals from a mobile radio communications source and transmitting those signals to a central switching computer which connects the mobile unit with the land based telephone lines.
WIRELESS TELECOMMUNICATIONS TOWER: Means a structure intended to support equipment used to transmit and/or receive telecommunications signals including monopoles, guyed and lattice construction steel structures.
YARD: Means an open space on the same lot with a building unoccupied or unobstructed from the ground upward, except as otherwise provided in this chapter.
YARD, FRONT: Means the minimum horizontal distance between the street line and the front line of the building or any projection thereof, excluding steps. On a corner lot, "front yard" may be applied to either street.
YARD, REAR: Means an open, unoccupied space on the same lot as a building measured from the rear line of the building (exclusive of steps) and the rear lot line, and extending for the entire width of the lot. In case of a corner lot where the building facade faces on the side street, the rear yard may be established from the side of the house to the side property line.
YARD, REQUIRED: Means the open space around buildings which is required by the terms of this title.
YARD, SIDE: Means a yard between the building and the side line of the lot and extending from the street line to the rear of the lot.
ZONE OF DEFORMATION: Means any area where the stratification has been folded, faulted or tilted by tectonic activity or downslope movement.
ZONING LOT: Means a lot or parcel of land which:
A. Meets all area, width, access, buildable area, utility, setback, and other requirements applicable within the zone in which it is located; or is a nonconforming lot of record which met the requirements of the underlying zone upon its creation 1 ; and
B. Is served by the minimum level of improvements required for issuance of a building permit 2 ; and
C. Is shown as a separate lot in a recorded subdivision or planned development, or was legally exempted from compliance with the subdivision ordinance prior to July of 1992. A parcel which is part of an unrecorded or illegal subdivision shall not qualify as a zoning lot. (Ord. 2018-08, 6-6-2018, eff. 6-28-2018)
Notes
| 1 | 1. See chapter 18.20 of this title. |
| 2 | 2. See section 18.84.390 of this title. |