ACCESSORY USE OR STRUCTURE: A use or structure located upon the same lot which is customarily incidental and subordinate to the principal use or structure.
ADVERSELY AFFECTED PARTY: A person other than a land use applicant who: (a) owns real property adjoining the property that is the subject of a land use application or land use decision; or (b) will suffer a damage different in kind than, or an injury distinct from, that of the general community as a result of the land use decision.
AGENT OF OWNER: Any person who can show written proof that he is acting with/for the property owner's knowledge and permission.
AGRICULTURE: The tilling of the soil, the raising of crops, horticulture and gardening, grazing and keeping or raising of domestic animals and fowl, and not including any agricultural industry or business such as animal feed yards, fur farms, animal hospitals, fruit packing plants, or similar uses.
AISLE SPACE: The area located between or behind off street parking stalls where traffic circulation and access to the parking stalls is provided.
AMUSEMENT DEVICE: Any video game, pinball or other machine whether mechanically or electronically operated, that upon insertion of a coin, trade token, slug, or contest of skill or amusement of any kind or description, and that contains no automatic payoff for the return of money or trade tokens, or that makes no provisions whatever for the return of money to the player. An amusement device is further defined as any machine, apparatus, or contrivance that is based on or that may be used as a game of skill and amusement wherein or whereby the payer initiates, employs, or directs any force generated by the machine. An amusement device shall exclude billiard, pool, or bagatelle tables.
ANTENNAS, LOW POWER RADIO COMMUNICATION TOWERS AND: "Low power radio communication towers and antennas" are defined in chapter 17.80 of this title, and include wall mounted, roof mounted, monopoles with antennas and related support structure less than two feet (2') in width, monopoles with antennas and related support structure greater than two feet (2') in width, and lattice towers. Amateur radio towers, also known as ham radio towers, are not included in this definition.
APARTMENT: A rented room or a suite of two (2) or more rented rooms designated and intended for living and sleeping purposes.
APPEAL AUTHORITY: A land use appeal and variance hearing officer ("hearing officer").
APPLICABLE, RELEVANT AND APPROPRIATE REQUIREMENTS (ARARs): The federal and state statutory and regulatory requirements that a selected remedy must meet for on site activities. ARARs are one of nine (9) criteria used to evaluate remedial alternatives for a site.
ARCADE: Any business catering, though not exclusively, to minors, maintaining four (4) or more amusement devices.
ASSISTED LIVING FACILITY: A congregate residential facility for elderly persons (55 years of age or older), regardless of legal relationship, who receive assistance with activities of daily living or instrumental activities of daily living (ADLs or IADLs). This type of facility is licensed by the State of Utah and as such provides an array of coordinated supportive personal and health care services, available twenty four (24) hours a day, to residents who have been assessed under Utah Department of Health or Utah Department of Human Services rules to need any of those services. Services provided include meals, laundry, housekeeping, medication reminders and/or administration of medication, intermittent nursing care, transportation, social/recreation activities, hairdressing, and other services allowed within the state licensure for assisted living facilities. Units may be attached, single or double occupancy, and may include limited or full kitchen facilities.
ATRIUM: An opening through two (2) or more floor levels which is closed at the top by a roof cover.
AUTOMOBILE AUTOMATIC CAR WASH: A facility for automatic or self- service washing and cleaning of automobiles and small trucks not exceeding one and one-half (11/2) tons' capacity.
AUTOMOBILE BODY AND FENDER SHOP: A facility for major automobile body, frame or fender repairs, or rebuilding for automobiles and small trucks not exceeding one and one-half (11/2) tons' capacity.
AUTOMOBILE OR TRAILER SALES AREA: An open area used for display, sale or rental of new or used motor vehicles or trailers in operable condition and where no repair work is done.
AUTOMOBILE OR TRUCK PAINT SHOP: A facility for painting of automobiles, trucks, trailers, boats, or other travel or recreation vehicles or units.
AUTOMOBILE REPAIR: General repair, rebuilding or reconditioning of engines, motor vehicles or trailers, transmission service, starter motor and generator service, muffler shop, but not including body or fender work or painting.
AUTOMOBILE REPAIR GARAGE: A structure or portion thereof other than a private garage, used for general repair of automobiles and small trucks not exceeding one and one-half (11/2) tons in capacity including major and minor repairs such as rebuilding and reconditioning of engines, transmission service, starter motor and generator service, muffler shop, but not including body and fender work or painting.
AUTOMOBILE SERVICE CENTER: A place where automobiles are serviced and repair work accomplished such as wheel alignment, tune up, brake service, shock absorber replacement, etc., but not including body and fender work, painting or upholstering.
AUTOMOBILE SERVICE STATION: A place where automotive fuels and lubricants are sold and dispensed, whether self-service or otherwise, directly into motor vehicles and where services performed may include tire repair, battery charging, and minor repair work such as replacement of spark plugs, lights, fans and other small parts; this definition does not include automobile repair such as body and fender work, engine rebuilding and overhaul, transmission and differential repairs, or welding of any kind, nor does it include vehicle or trailer sales or rental. Accessory uses include self-service and minimarket sales.
AUTOMOBILE TIRE SERVICE CENTER: A place which sells, repairs and services automobile tires including such services as wheel balancing and alignment, brake service, shock absorber replacement and other incidental tire and wheel services, but not including recapping or major automobile repairs.
BARRIERS: A barrier, similar to a cap, must meet specific criteria that will prevent exposure of the underlying material and may include soil and vegetation. Barriers at this site will be placed over category III material.
BASEMENT: A story whose floor is more than twelve inches (12") below the average level of the adjoining ground but where no more than one-half (1/2) of its floor to ceiling height is below the average contact level of the adjoining ground.
BED AND BREAKFAST HOMESTAY: A dwelling which contains a maximum of five (5) guestrooms, is occupied by the owner or individual responsible for operating the facility, and used for accommodations or lodging of guests paying compensation. This use shall not change the character of the dwelling or property for residential purposes and shall meet the requirements of the health department and building and fire codes.
BED AND BREAKFAST INN: A building containing a minimum of six (6) guestrooms, but not more than thirty (30) guestrooms, is used for accommodations or lodging of guests paying compensation where at least a breakfast meal is served, and in which no provision is made for cooking in any individual guestroom. The structure shall have a residential appearance and be limited to two (2) stories in height.
BUILDABLE AREA: The portion of a lot remaining after required yards have been provided, except that land with an average grade exceeding fifteen percent (15%) shall not be considered buildable area unless it is approved by conditional use permit for building construction, after study by a geologist or soils engineer.
BUILDING: Any structure having a roof supported by columns or walls used or intended to be used for the shelter or enclosure of persons, animals or property.
BUILDING, ACCESSORY: "Accessory building" means a building or structure which is subordinate to and the use of which is incidental to that of the main building, structure, or use on the same lot.
BUILDING, HEIGHT OF: "Height of building" means the vertical distance between a reference datum and the highest part of the building excluding roof structures such as chimneys, penthouses, towers and steeples. The reference datum shall be selected by one of the following:
A. The average elevation of the top back of curb abutting the lot on which the building is to be built;
B. In the absence of curb and gutter, the average elevation of the centerline of the street abutting the lot on which the building is to be built; or
C. Where any part of the rear lot line is more than six feet (6') above the average top back of curb, the average elevation of the perimeter of the lot on which the building is being built.
BUILDING, HEIGHT OF ACCESSORY: "Height of accessory building" shall be measured from grade to highest, topmost point peak, if any, of the roof of the accessory building.
BUILDING, MAIN: "Main building" means the principal building or one of the principal buildings upon a lot, or the building or one of the buildings housing a principal use upon a lot.
BUILDING, PUBLIC: "Public building" means a building owned and operated, or owned and intended to be operated, by any subdivision of the federal, state, or local governments.
CAPS: An engineered covering of soils and impermeable surfaces (for example, asphalt, concrete, clay or geosynthetic covering) specifically placed over contaminated and potentially contaminated materials to act as a barrier to exposure of such material and to prevent human contact and percolation of surface water into the ground into one or more repositories on the smelter site.
CARPORT: An attached or unattached parking area enclosed on not more than two (2) sides by walls or doors. For the purposes of this title, a carport shall be subject to all the regulations prescribed for a private garage.
CATEGORY I MATERIAL: Soils and materials with large amounts of diluted arsenic trioxide or flue dust. This material will adversely affect groundwater if significant infiltration of surface water is allowed and thereafter public health if exposed to people. All such material shall be removed from the site (SSOD) in a manner consistent with the approved remediation plan.
CATEGORY II MATERIAL: Soils and materials with large amounts of diluted arsenic trioxide or flue dust. This material could adversely affect groundwater if significant infiltration of surface water is allowed and thereafter public health if exposed to people.
CATEGORY III MATERIAL: Debris from demolition of smelter structures and other materials with levels of arsenic and lead which may be of concern to public health because of the potential long term direct exposure. Material in this category does not pose a concern for groundwater.
CATEGORY IV MATERIAL: Waste material which is slag. Short term or incidental exposure to slag is not considered a health risk at the site.
CHILD:
A. A child of a person other than the provider of childcare;
B. A child of a licensed or certified childcare provider who is under the age of four (4);
C. A child of an employee of a licensed or certified childcare provider who is under the age of four (4).
CHILDCARE: Continuous care and supervision of five (5) or more children through age twelve (12) and children with disabilities through age eighteen (18), in lieu of care ordinarily provided by parents in their own home, for less than twenty four (24) hours a day, for direct or indirect compensation.
CHILDCARE CENTER (COMMERCIAL): Persons, associations, institutions or agencies, licensed by the state which provide childcare and/or educational opportunities for children, in a place other than a residence for less than twenty four (24) hours per day, for direct or indirect compensation.
CHURCH: A building, together with its accessory buildings and uses, where persons regularly assemble for religious worship, and which building, together with its accessory buildings and uses, is maintained and controlled by a religious body organized to sustain public worship.
CLEAN SOIL: Growth sustaining soil that is free of contamination. It may include soil and vegetation.
CLINIC, DENTAL OR MEDICAL: "Dental or medical clinic" means a building in which a group of dentists, physicians, and allied professional assistants are associated for the conduct of their professions. The clinic may include a dental and/or medical laboratory, operating rooms, and an apothecary, but it shall not include inpatient care.
COMMERCIAL STORAGE FACILITY: A building or facility having one or multiple tenants used strictly for the storage of personal and/or commercial items. Said facility may not include sanitation facilities or culinary water. No repair, business, service, or commerce may be conducted on or from the premises.
CONDITIONAL USE: A use of land for which a conditional use permit is required, pursuant to this title.
CONDOMINIUM: A residential structure consisting of two (2) or more units, each under individual ownership, subject to Utah Code Annotated 57-8-1.
CONGREGATE CARE: See definition of Independent Living.
CONTINUING CARE RETIREMENT COMMUNITY: A housing development designed to provide a full range of accommodations and services for elderly persons (55 years of age or older) including independent living, assisted living and skilled full time nursing or medical care. Residents may move from one level of care to another as needs change.
COURT: A space, open and unobstructed to the sky, located at or above grade level on a lot and bounded on three (3) or more sides by walls or a building.
COVENANT: A written agreement between the buyer and seller of a parcel of land, or between the city and the property owner, to protect the interest of the neighborhood and the community.
COVERAGE: The percent of the total lot area covered by buildings and structures.
CULVERT: Pipe conductor for conveying water.
DAYCARE: Persons, associations, corporations, institutions or agencies providing on a regular basis care and supervision (regardless of educational emphasis) to children under fourteen (14) years of age, in lieu of care and supervision ordinarily provided by parents in their own homes, with or without charge, are engaged in providing child daycare.
DAYCARE CENTERS, COMMERCIAL: "Commercial daycare centers" means persons, associations, institutions or agencies, which provide daycare for thirteen (13) or more children and/or educational opportunities for children for periods of more than four (4) hours in any one day.
DETOXIFICATION CENTER: An inpatient facility used exclusively for substance abuse detoxification and ancillary activities; it does not include long term inpatient or outpatient services beyond the detoxification stage of treatment for substance abuse.
DISTRICT: A portion of the territory of the city established as a zoning district by this title, within which certain uniform regulations and requirements or various combinations thereof apply under the provisions of this title; includes "zone" and also "zoning district".
DRIVEWAY: A private roadway, the use of which is limited to persons residing, employed, or otherwise using or visiting the parcel on which it is located.
DWELLING: Any building or portion thereof designated or used exclusively for residential purposes, except tents, travel trailers, hotels, motels, hospitals, nursing homes, and boarding houses.
DWELLING GROUP: A group of two (2) or more detached buildings used as dwellings, located on a lot or parcel of land.
DWELLING, MULTIPLE-FAMILY: "Multiple-family dwelling" means a building arranged or designed to be occupied by two (2) or more families.
DWELLING, SINGLE-FAMILY: "Single-family dwelling" means a building arranged or designed to be occupied by one family, the structure having only one dwelling unit.
DWELLING UNIT: One or more rooms in a dwelling, apartment, hotel or apartment motel, designed for or occupied by one family for living or sleeping purposes and having one, but not more than one, kitchen or set of fixed cooking facilities other than hot plates or other portable cooking units.
ESSENTIAL FACILITIES: Utilities, sanitary and public safety facilities provided by a public utility or other governmental agency for overhead, surface, or underground services, excluding any building, electrical substation or transmission line of fifty (50) kV or greater capacity, except by conditional use permit.
EXCAVATION: The deliberate disturbance of any soil at a site equal to or greater than four (4) cubic yards (21/2 ton dump truck load), thereby requiring an excavation plan and a city excavation permit.
FAMILY: An individual, or two (2) or more persons related by blood, marriage, or adoption, and/or a group of not more than four (4) persons who are not related, living in a dwelling unit as a single housekeeping unit and using common cooking facilities.
FAMILY FOOD PRODUCTION: The keeping of domestic animals and fowl for the production of food for the sole use of the family occupying the premises. The above uses are subject to all board of health restrictions and requirements.
FENCE, SOLID: "Solid fence" means a solid, opaque, rigid fence or wall of wood, metal, fiberglass, vinyl, masonry, or other similar material being no more than ten percent (10%) open.
FINAL REMEDIATION MAP: A map which is filed in the office of the Murray City community development division which shows the locations of all cap and barrier areas of the site as well as location of concentrations of category II, III and IV materials.
FLOOR AREA: The area included within the surrounding walls of a building or portion thereof, exclusive of vents, shafts and courts; of multiple-story buildings, the total area of all occupiable floors, including basements.
FRONTAGE: All property fronting on one side of the street between intersecting or intercepting streets, or between a street and a right of way, waterway, end of dead end street, or political subdivision boundary, measured along the street line. An intercepting street shall determine only the boundary of the frontage on the side of the street which it intercepts.
GAME COURT: A multiuse recreational facility which may be of varying size, with or without lighting, having an artificial surface, and which is adaptable to multisport functions such as basketball, short court tennis, volleyball, hockey, soccer, roller and street hockey, paddle tennis, badminton, shuffleboard, racquet games, tot wheeling, play area and other related or similar sports and recreational activities. For purposes of determining where a game court may legally be located on a residential lot, a game court shall be considered an accessory structure.
GARAGE, PRIVATE: "Private garage" means a detached accessory building, or a portion of a main building, used or intended to be used for the storage of motor vehicles, trailers and boats for each dwelling unit in the premises, each such vehicle having a GVW of one and one-half (11/2) tons or less, provided that nothing herein prohibits storing personal recreational vehicles, such as snowmobiles, personal watercraft and ATVs in addition to other vehicles, boats or trailers herein permitted.
GARAGE, REPAIR: "Repair garage" means a structure or portion thereof used as a business providing repair or refinishing of self-propelled vehicles, trailers, or boats, including general repair, rebuilding or reconditioning of engines, and minor collision service, but does not include major body, frame or fender repairs or overall automobile or truck painting, except by conditional use permit. A repair garage may also include incidental storage, care, washing, or sale of vehicles to satisfy statutory repairmen's liens, as provided by state law.
GRADE: A reference plane representing the average of finished ground level adjoining the building at exterior walls. Where the finished ground level slopes away from the exterior walls, the reference plane shall be established by the lowest points within the area between the building and the lot line, or where the lot line is more than six feet (6') (1829 mm) from the building, between the building and a point six feet (6') (1829 mm) from the building.
GROUP EDUCATIONAL HOME: A dwelling in which education and related supervision are provided for seven (7) to twelve (12) children, including the children of the person or persons providing the services, at any given time.
GUEST: Any person or persons staying temporarily within a dwelling unit without payment of compensation or remuneration to the owners, tenants, or full time inhabitants of said dwelling unit.
HARD SURFACE: A dust free paved surface of any of the following materials: concrete, masonry, cobblestone, brick, asphalt, or any other reasonable substitutes as determined by the city engineer.
HOSPITAL: An institution providing qualified health, medical and surgical staff and related personnel services for the diagnosis, treatment and recovery care of persons suffering from disease or injury, primarily on an inpatient basis. A hospital may include integral support service facilities.
HOTEL: A building designed for or occupied as the temporary abiding place of individuals who are, for compensation, lodged, with or without meals.
HOUSEHOLD PETS: Animals or fowl ordinarily permitted in the house and kept for company or pleasure. Household pets shall not include chickens, rabbits, ducks, pigeons, geese, or other domestic farm variety animals nor any wild animals as defined in the city animal control ordinance.
INDEPENDENT LIVING: Multi-unit senior housing development that provides services (e.g., housekeeping, transportation, meals, social/recreational activities, etc.) as part of a monthly fee or rental rate. The community includes common dining facilities, social and recreational amenities. Residents may receive home healthcare services provided by an outside agency or an affiliate of the property management. Independent living does not include assisted living or skilled nursing, but may be included as part of assisted living or skilled nursing facilities.
INSTITUTIONAL CONTROLS: Public and private restrictions that are placed on a given area of land. The restrictions control how the land and materials or soils on the site may be used, accessed, managed, handled, modified, or disposed. The purpose of the controls is to limit or prohibit exposure by people to remaining constituents on the surface or subsurface that remain at the site and/or to protect physical barriers or caps that have been placed on the site. Public controls may be imposed, for example, through building permits, subdivision regulations, excavation permits, or zoning ordinances. Private controls are typically imposed through covenants, deed restrictions on the land, or contractual agreements between the property owner and lessee.
KENNEL: Any premises where three (3) or more dogs or cats older than four (4) months are kept.
LAND USE AUTHORITY: The planning commission, the community and economic development director, or a staff member of the community and economic development division when making any order, requirement, decision or determination in the enforcement of title 16 or 17 of this code, or any other related ordinance.
LAND USE DECISION: An administrative decision of a land use authority or appeal authority regarding: (a) a land use permit; (b) a land use decision; or (c) the enforcement of a land use regulation, land use permit, or development agreement.
LIVE/WORK UNIT: A dwelling unit in which a significant portion of the space includes a nonresidential use that is operated by the owner/occupant. The nonresidential area of the unit shall be limited to the ground floor and shall not occupy greater than fifty percent (50%) of the live/work unit total floor area. The live/work unit shall not be greater than three thousand (3,000) total square feet and no more than five (5) nonoccupant workers or employees are to occupy the nonresidential area of the live/work unit at any one time.
LOT: A parcel or unit of land described by metes and bounds and held or intended to be held in separate lease or ownership, or shown as a lot or parcel on a recorded subdivision map, or shown on a plat used in the lease or sale or offer of lease or sale of land resulting from the division of a larger tract into two (2) or more smaller units.
LOT, CONTRACTOR'S: "Contractor's lot" means a fenced, landscaped, illuminated outside area used to store heavy duty construction equipment and construction material. This definition does not include salvage lots, outdoor repair garages, junk, debris, impounded vehicles or inoperable vehicles.
LOT, CORNER: "Corner lot" means a lot abutting upon two (2) or more streets at their intersection or upon two (2) parts of the same street.
LOT DEPTH: The horizontal distance between the front and the rear lot lines measured in the mean direction of the side lot lines.
LOT, FABRICATION: "Fabrication lot" means a fenced, illuminated, landscaped open area, not a street, used to fabricate metal, masonry, concrete, stone and wood products.
LOT FRONTAGE: That part of a lot contiguous to the street. For the purposes of determining lot frontage for corner lots and lots fronting on more than one street, all sides of a lot contiguous to a street shall be included when determining total lot frontage.
LOT, INTERIOR: "Interior lot" means a lot other than a corner lot.
LOT LINES: The property lines bounding the lot.
Lot Line, Front: "Front lot line" means the line separating an interior lot from a street. In case a lot abuts on more than one street, the lot owner may elect any street lot line as the front lot line unless previously established.
Lot Line, Rear: "Rear lot line" means, ordinarily, that line of a lot which is opposite and most distant from the front line of the lot. In the case of a triangular or gore shaped lot, a line ten feet (10') in length within the parcel parallel to and at a minimum distance from the front lot line. In cases where these definitions are not applicable, the building official shall designate the rear lot line.
Lot Line, Side: "Side lot line" means any lot boundary line not a front or rear lot line. A side lot line separating a lot from another lot or lots is an interior side lot line; a side lot line separating a lot from a street is a street side lot line.
LOT, PARKING: "Parking lot" means a hard surfaced, dust free, landscaped, illuminated open area other than a street, used to park four (4) or more operable and licensed motor vehicles.
LOT, SALES AND RENTAL: "Sales and rental lot" means a hard surfaced, dust free outside area which is landscaped and illuminated for display for sale or rental of operable motor vehicles, trailers, boats, machinery, tools, and serviceable building materials.
LOT, STORAGE: "Storage lot" means a hard surfaced, dust free, landscaped, fenced illuminated open area, not a street, used to store new or used and serviceable building material, machinery, tools, boats, motor vehicles or trailers.
LOT WIDTH: The horizontal distance between the side lot lines, measured at the required front yard setback line.
MANUFACTURED HOME: A structure, transportable in one or more sections, which is built on a permanent chassis and is designed for use with or without a permanent foundation when attached to the required utilities. "Manufactured home" does not include a "recreational vehicle".
MEDICAL CLINIC: A facility for the medical or similar examination and treatment of persons as outpatients by physicians or licensed medical specialists practicing medicine as a group during normal office hours.
MOBILE HOME PARK: Any plot of ground upon which two (2) or more mobile homes occupied for permanent dwelling purposes are located, whether or not a charge is made for such accommodation.
MOBILE HOME SUBDIVISION: A subdivision designed and intended for residential use where the lots are to be occupied exclusively by mobile homes.
MODULAR HOME: A permanent dwelling structure built of prefabricated units which are assembled and/or erected on the site and which must meet all international building code standards.
MONITORING WELLS: Wells which have been approved by EPA for testing and remediation purposes on the site.
MOTEL: A building or group of buildings for the accommodation of transient guests, comprising individual sleeping or living units and designed and located to serve the motoring public.
MOTOR HOME: A self-contained vehicular portable structure designed for short term occupancy as a temporary dwelling for travel or recreational uses.
MULTIPLE-FAMILY HIGH DENSITY: Twenty (20) and above residential dwelling units per acre.
MULTIPLE-FAMILY LOW DENSITY: Ten (10) or fewer residential dwelling units per acre.
MULTIPLE-FAMILY MEDIUM DENSITY: Eleven (11) to nineteen (19) residential dwelling units per acre.
MULTIUSE WAREHOUSE FACILITY: A building or facility used for storage of personal or commercial commodities or property, or which may be used for the conduct of individual businesses, commerce, sales or service.
MUNICIPAL COUNCIL: The municipal council of Murray City.
NATURAL WATERWAYS: Those areas varying in width along streams, creeks, gullies, or washes, which are natural drainage channels, as determined by the city engineer.
NONCOMMERCIAL STORAGE FACILITY: A building or facility having one or more units or rooms each not exceeding four hundred (400) square feet in area, and having no sanitation, heating, cooling or culinary water utilities, and which is used or intended for the storage of personal property for noncommercial purposes. This definition does not include facilities used or intended for the display of property held for resale, the conduct of any business on the premises, or the operation of a commercial warehouse.
NONCONFORMING BUILDING OR STRUCTURE: A building or structure or portion thereof, together with related improvements, lawfully existing at the time this title became effective, which does not conform to all the height, area, yard and similar site regulations herein prescribed for the district in which it is located.
NONCONFORMING USE: A use which lawfully occupied a building or land at the time this title became effective and which does not conform with the use regulations of the district in which it is located.
NURSING HOME: An institution other than a hospital for the care of human illness or infirmity in which care, rather than diagnosis or treatment, constitutes the principal function. The term "nursing home" shall also include "rest home" and "convalescent home".
OFFICIAL MAP: A map which has been adopted as the official map of the city, showing existing public streets, streets as shown on approved subdivision plats and modifications to streets which have been extended, widened, narrowed or vacated as provided by law and which have been accurately surveyed and definitely located.
OPEN SPACE: The part of a planned unit development which is accessible and usable by all persons occupying dwelling units in the planned unit development. It is any parcel or area of land or water that is improved or unimproved, and serves the purposes of preservation of natural resources, outdoor recreation, or public health and safety. Open space is land permanently set aside for conservation or recreation purposes. It may include woodlands, play areas, walking and riding trails, wetlands and lands in the floodplain as well as land use for passive or active recreation. By way of illustration only, open space shall not be provided from any required front or side yard, parking area, driveway or street.
OUTSIDE STORAGE: The keeping in an unroofed area of materials, goods and/or vehicles for a continuous period in excess of twenty four (24) hours.
PACKAGE AGENCY: A retail liquor location, operated under a contractual agreement with the Utah alcoholic beverage control commission, by a person other than the state, who is authorized by the commission to sell liquor or wine for consumption off the premises of the agency.
PARK STRIP: That part of public property that lies between the curb and sidewalk.
PARKING SPACE: A permanently surfaced area which is designated or marked for the parking of one motor vehicle.
PLANNED UNIT DEVELOPMENT: An integrated design for development of residential, commercial or industrial uses, or combinations of such uses, in which the density and location regulations of the district in which the development is situated may be varied or waived to allow flexibility and initiative in site and building design and location, in accordance with an approved plan and imposed general requirements.
PLANNING AND ZONING COMMISSION: The planning commission of the city as duly appointed under the provision of state law.
PLOT PLAN: A plat of a lot, drawn to scale, showing its actual measurements, the size and location of any existing buildings and buildings to be erected, the location of the lot in relation to abutting streets, and such other information as may be required by the planning commission.
PRIVATE NONPROFIT RECREATIONAL GROUNDS AND FACILITIES: Nonprofit recreational grounds and facilities operated by a nonprofit corporation or similar association.
PRIVATE SATELLITE ANTENNA: Any accessory structure capable of receiving for the sole benefit of the principal use, radio or television signals from a transmitter or a transmitter relay located in planetary orbit.
PUBLIC USE: A use operated exclusively by a public body, such use having the purpose of serving the public health, safety, or general welfare, and including such uses as public schools, parks, playgrounds, and other recreational facilities; public administrative or service facilities; and public utilities.
QUASI-PUBLIC USE: A use operated by a private nonprofit, educational, religious, recreational, charitable or philanthropic institution, such use having the purpose primarily of serving the general public, such as churches, playgrounds, private schools, and similar uses.
RECREATIONAL VEHICLE PARK: Any area where one or more travel trailer lots are rented for a relatively short term occupancy to users of such items as travel trailers, tents, motor homes, etc.
RESIDENTIAL CHILDCARE FACILITY: Childcare given in the home of a provider (other than parents, legal guardians, grandparents, brothers, sisters, uncles, or aunts) for five (5) or more children.
RESIDENTIAL FACILITY FOR PERSONS WITH A DISABILITY: A residence in which more than one person with a disability resides and which is licensed or certified by:
A. The Utah department of human services under title 62A, chapter 2 of the Utah code, licensure of programs and facilities, or
B. The Utah department of health under title 26, chapter 21 of the Utah code, health care facility licensing and inspection act.
RETAINING WALL: A wall designed to resist the lateral displacement of soil or other materials.
RETIREMENT FACILITY: A facility designed for permanent residency by persons of retirement age who are ambulatory and require no nursing care. These facilities do not provide inpatient care for human illness or infirmity. These facilities customarily provide on site recreational, educational support services, and retirement lifestyle amenities for the convenience of the occupants, and are designed with a strong residential style of architecture when located in residential areas. Residential facilities may provide transportation for residents to regularly scheduled healthcare facilities, shopping, church, etc. For purposes of determining housing density, every three (3) beds shall constitute one dwelling unit.
SALVAGE: Old or scrap copper, brass, rope, rags, batteries, paper trash, rubber debris or other waste or salvage materials; junked, dismantled or wrecked automobiles or parts thereof; and old or scrap ferrous or nonferrous metal materials.
SALVAGE YARD: An open area, not a street, used to dismantle, store, display or otherwise hold damaged or inoperable automobiles or trucks or parts thereof, or any variety of salvage, for resale or any other disposition.
SELECTED REMEDY: The selected remedy as fully set forth in record of decision, dated April 1, 1998, pertaining to the Murray smelter site, and filed in the matter of United States v. ASARCO, Et Al.
SETBACK: The shortest horizontal distance between the boundary line of a lot and the building or structure or part thereof.
SINGLE-FAMILY LOW DENSITY: Six (6) or fewer residential units per acre.
SINGLE-FAMILY MEDIUM DENSITY: Greater than six (6) to ten (10) unattached residential units per acre.
SITE: The district boundaries as described in section 17.25.030 of this title.
SKILLED NURSING FACILITY (Also Known As NURSING HOME, CONVALESCENT HOME OR LONG TERM CARE FACILITY): A residential inpatient healthcare facility licensed by the State that provides twenty four (24) hour nursing care, personal care, and/or rehabilitation services over a long period of time for persons who are chronically ill, aged or disabled and who need ongoing health supervision but not hospitalization.
SMALL ANIMAL LIMITED CARE FACILITY: A business providing up to twenty four (24) hours of emergency veterinarian care and treatment of small domestic animals such as dogs and cats when regular veterinarian hospitals and services are closed.
STABLE, PRIVATE: "Private stable" means a detached accessory building for the keeping of horses owned by the occupants of the premises.
STABLE, PUBLIC: "Public stable" means any stable where horses are boarded and/or kept for hire.
STATE STORE: A facility for the sale of packaged liquor located on premises owned or leased by the state and operated by state employees.
STORY: That portion of a building included between the surface of any floor and the floor or ceiling next above it.
STORY, FIRST: "First story" means the lowest story or the ground story of any building; provided, that any basement or cellar used for residential purposes shall be deemed the first story.
STORY, HALF: "Half story" means a partial story under a gable, hip or gambrel roof, the wall plates of which on at least two (2) opposite exterior walls are not more than four feet (4') above the floor of such story; and the floor area of which does not exceed two-thirds (2/3) the floor area of the floor next immediately below it, provided, however, that any partial story used for one or more dwelling units, shall be deemed a full story.
STREET, PRIVATE: "Private street" means a right of way of easement in private ownership, not dedicated or accepted as a public street, which affords the principal means of access to two (2) or more sites.
STREET, PUBLIC: "Public street" means a thoroughfare which has been dedicated to the public and accepted by proper public authority, or a thoroughfare which has been adjudicated to be a public street by public use as provided by law.
STRUCTURE: That which is built or constructed, an edifice or building of any kind, or any piece of work artificially built up or composed of parts joined together in some definite manner.
SUBSTANTIAL EVIDENCE: The degree of relevant evidence which a reasonable person, considering the record as a whole, might accept as adequate to support a conclusion, even though other reasonable persons might disagree.
SUPERVISED YOUTH GROUP HOME: A state licensed residential facility used exclusively as a foster home for up to six (6) minors who are in the custody of the state, and which is supervised on a twenty four (24) hour basis. It does not include any type of residential program into which a minor is placed as an alternative to a court mandated sentence to a juvenile secure facility.
SWIMMING POOL: A structure used or intended to be used to contain a body of water in which any person or persons may swim or wade, which is greater than two feet (2') in depth.
TRAILER, TRAVEL: "Travel trailer" means a vehicular portable structure designed as a temporary dwelling for travel and recreational uses.
UNIFIED CONTROL: A parcel of land under one ownership, or a group of parcels, the owners of which have agreed in writing to subject the development of their properties to a single control.
VICINITY PLAN: A map or drawing, to scale, showing the physical layout of the proposed development to existing or proposed streets, buildings, and utilities; other relevant information such as special terrain or surface drainage; and existing zoning classifications of all adjacent land.
XERISCAPING: An attractive, sustainable landscape based on sound horticultural practices, which shows evidence of care. This method is beneficial especially for arid and semiarid climates and utilizes water conserving techniques such as the use of drought tolerant plants, mulch, and efficient irrigation.
YARD: A required open space on a lot unoccupied and unobstructed from the ground upward, except as permitted elsewhere in this title.
Yard, Front: "Front yard" means a space in 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. The "depth" of the front yard is the minimum distance between the front lot line and the closest point of the building.
Yard, Rear: "Rear yard" means a space in 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. The "depth" of the rear yard is the minimum distance between the rear lot line and the closest point of the building.
Yard, Side: "Side yard" means a space in 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. The "width" of the side yard shall be the minimum distance between the side lot line and the closest point of the building. (Ord. 22-33: Ord. 16-41: Ord. 15-06: Ord. 14-03: Ord. 13-03: Ord. 11-26: Ord. 10-02 § 2: Ord. 07-41 § 2: Ord. 07-30 § 2)