For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ACCESSORY BUILDING. A building customarily incidental and clearly subordinate to the existing primary building and located on the same lot as the primary building, and meeting all requirements of the adopted building code, and this chapter.
ACCESSORY USE. A use clearly incidental and subordinate to the existing primary use and customarily found in connection with the primary use and located on the same lot as the primary use.
BANK OR OTHER FINANCIAL INSTITUTION. A financial company or corporation providing the extension of credit, and the custody, loan or exchange of money.
BARN, CORRAL, STABLE, COOP or ANIMAL RUN. A structure or fenced area, and its associated buildings and structures, for the feeding, housing or confinement of domestic animals, as defined in this section. STABLE includes a building, or a portion thereof, used to shelter and feed horses and ponies.
BEER LICENSE, OFF PREMISES CONSUMPTION. A beer license shall entitle the licensee to sell beer on the licensed premises in the original containers for consumption off the premises only, in accordance with the Utah Alcoholic Beverage Control Act, being UCA Title 32B, and this chapter.
BEER LICENSE, ON PREMISES CONSUMPTION. A beer license shall entitle the licensee to sell, on the premises, beer on draft or in original containers for consumption on the premises, all to be exercised in accordance with the Utah Alcoholic Beverage Control Act and this chapter.
BILLBOARD. A freestanding sign designed or intended to direct attention to a business, product or service that is not provided, sold, offered or existing on the property where the sign is located.
CAR WASH. A structure with machine or hand operated facilities, used principally for the cleaning, washing, polishing or waxing of motor vehicles. A facility of this type may be able to accommodate more than one vehicle at the same time.
COMMERCIAL DAYCARE/PRESCHOOL CENTER. A facility, operated by a person qualified and licensed by the State of Utah, which provides children with daycare and/or preschool instruction as a commercial business and complying with all applicable state standards and licensing, and having regularly scheduled, ongoing enrollment for direct or indirect compensation that provides childcare for less than 24 hours per day.
COMMERCIAL PLANT NURSERY. A use wholly, or partially, contained within one or more greenhouses where trees, shrubs, flowers or vegetable plants are grown and sold to retail customers.
COMMERCIAL RECREATION (INDOOR). Any use, ether public or private, providing amusement, pleasure or sport, which is operated entirely within an enclosed building, including, but not limited to, live theater and movie houses, ice hockey, wrestling, racquetball or handball, bowling and skating, or similar activities. This use may include associated eating and drinking areas, limited retail sales and staff offices.
COMMERCIAL RECREATION (OUTDOOR). This use is limited to baseball batting cages, paintball, tennis facility, miniature golf, and may include, as accessory uses, associated eating and drinking areas, limited retail sales and staff offices. This use specifically excludes shooting range, go-cart, motor vehicle and/or motorbike tracks, or similar activities that may create noise, dust or other nuisances to adjoining and surrounding uses.
CONVENIENCE STORE. A small scale food store generally located in a neighborhood setting. Such stores often have on site service of food or drink for immediate consumption, sale of general prepackaged food items, as well as medicines, cosmetics and limited beer, and may also sell gasoline and other petroleum products.
DAYCARE CENTER/ASSISTED CARE CENTER. A facility which provides less than 24-hour assisted care or supervision for five or more persons, 14 years of age and older, who are not related by blood, marriage or adoption to the owner or operator, with or without compensation for such care, and with or without a stated educational purpose.
DOMESTIC LIVESTOCK AND FOWL. Limited to the following: the keeping of one equine (horse), or one bovine (steer or cow), or seven ovine (sheep) or seven capri (goat) family, and requiring a minimum area of 22,500 square feet may be kept, complying with the number of domestic animals identified above. Any offspring shall be included upon attaining the normal age of weaning; the keeping of not more than 50 rabbits or 50 chickens or 50 pheasants or 20 turkeys or 20 ducks or 15 geese, and requiring a minimum of 24,500 square feet may be kept, complying with the number of fowl identified. No more than four times the allowable numbers listed above shall be permitted at any one time.
DWELLING UNIT, MULTIPLE-FAMILY. A building containing three or more dwelling units.
DWELLING UNIT, SINGLE-FAMILY. A building containing one dwelling unit.
DWELLING UNIT, TWO-FAMILY. A building containing two attached dwelling units.
EDUCATION FACILITY. Public schools, colleges or universities qualified by the State of Utah Board of Regents or State of Utah Board of Education to provide academic instruction. Privately owned buildings and uses for educational or research activities that have a curriculum for technical or vocational training, kindergarten, elementary, secondary or higher education.
HOME DAYCARE. The care of children who are family and nonfamily members in an occupied dwelling unit, and complying with all state standards and licensing, by a resident of the dwelling unit at least twice a week for more than five children, but fewer than nine children. The total number of children being cared for shall include children under the age of four years residing in the dwelling unit, who are under the supervision of the provider during the period of time the childcare is provided. When a caregiver cares for only three children under age two, the group size, at any given time, shall not exceed six. HOME DAYCARE may use the entire residential living area and, additionally, may use yard space for play purposes. This use is required to comply with all business licensing requirements of the city.
HOME OCCUPATION. Any use or activity conducted entirely within a dwelling and carried on by the persons residing in the dwelling unit, which use is clearly incidental and secondary to the use of the dwelling for dwelling purposes and does not change the character thereof, and in connection therewith, there is no display nor stock in trade. The HOME OCCUPATION is limited to the family who resides on the premises; no outside help may be hired. The HOME OCCUPATION shall not involve the use of any accessory building or yard space, nor activity outside of the primary building, not normally associated with residential use. HOME OCCUPATIONS shall include the use of not more than 25% of the living area of the home.
HOUSEHOLD PETS. Domesticated animals and birds ordinarily permitted in a dwelling unit and kept for company or pleasure of the owner, including, but not limited to, three dogs, cats and caged birds. HOUSEHOLD PETS do not include inherently or potentially dangerous animals, reptiles, wild or exotic animals, or domestic livestock or fowl.
KENNEL. A commercial establishment having four or more dogs and cats for boarding, breeding, buying, grooming, letting for hire, training for profit, or selling.
LIQUOR LICENSE, PRIVATE CLUB. A liquor license shall entitle the licensee to serve, sell and store liquor, in accordance with the Utah Alcoholic Beverage Control Act and this chapter. All sales under a private club license shall be to bona fide members of the licensed club, guest members or their visitors accompanied by members or guest members, and not to the general public.
LIQUOR LICENSE, RESTAURANT. A liquor license shall entitle the licensee to provide liquor to patrons for consumption on the premises, in accordance with the Utah Alcoholic Beverage Control Act and this chapter.
MAJOR FACILITY OF A PUBLIC UTILITY. Any electric transmission lines (greater than 115,000 volts), power plants or substations of electric utilities; gas gathering facilities, regulator stations, transmission and gathering pipelines and storage areas of utilities providing natural gas or petroleum derivatives, and their appurtenant facilities; water treatment plant; sewage treatment plant.
MAN CAMPS. A temporary, mobile housing unit, wheeled or on a skid, which is owned, operated or leased by an industrial entity, housing temporary commercial workers.
MEDICAL AND DENTAL CLINIC. A facility operated by a physician, dentist, chiropractor or other licensed practitioner of the healing arts for the examination and treatment of persons solely on an outpatient basis.
MINOR FACILITY OF A PUBLIC UTILITY. A use operated exclusively by a public body or quasi-public body, such use having the purpose of serving the public health, safety or general welfare, and including streets, parks, recreational facilities, administrative and service facilities, and public utilities, and found by the Planning Commission to conform to the general plan, and this chapter.
MOBILE HOME PARK. An area or tract of land dedicated to use as an area for parking and utilization of mobile homes, on a full or part time basis.
MOTEL. A building or group of buildings containing four or more guestrooms, some or all of which may have a separate entrance leading directly from the outside of the building, with a garage or parking space located on the lot and designated, used or intended wholly or in part for the accommodation of persons usually traveling by private automobile or motor coach, and which may include additional services, such as restaurants, meeting rooms, entertainment and recreational facilities.
MUSEUM. A room or building for exhibiting, or an institution in charge of, a collection of books or artistic, historical or scientific objects of lasting interest or value.
NURSING HOME, CONVALESCENT CARE CENTER. A facility that provides 24-hour residential care to persons who are not related by blood, marriage or adoption to the owner, operator or manager of the facility. A NURSING HOME or CONVALESCENT CARE CENTER provides some level of skilled nursing or medical services to the residents.
OFFICE. A building, room or other space where executive, management, administrative or professional services are provided, except medical services, and excluding the sale of merchandise, except as incidental to a principal use. Typical uses include real estate brokers, insurance agencies, credit reporting agencies, property management firms, investment firms, employment agencies, travel agencies, advertising agencies, secretarial services, data processing, telephone answering, paging and beeper services and facsimile transmission services; post offices and express mail offices, excluding major mail processing and distribution, offices for utility bill collection; professional or consulting services in the fields of law, architecture, design, engineering, planning, accounting and similar professions; interior decorating consulting services; and business offices of private companies, utility companies, public agencies, trade associations, unions and nonprofit organizations.
PERSONAL CARE CENTER. An establishment primarily engaged in the provision of frequently or recurrently needed services of a personal nature. Typical uses include beauty and barber shops, custom tailoring and seamstress shops, electrolysis studios, portrait studios, shoe repair shops, tailors, tanning and nail salons, and weight loss centers. The term excludes tattoo establishment.
PRIVATE CLUB. Any nonprofit corporation operating as a social club, recreational, fraternal or athletic association, or kindred association organized primarily for the benefit of its stockholders or members. A PRIVATE CLUB that serves liquor shall maintain a valid class B liquor license.
RECEPTION HALL/CENTER. A facility for the holding of events, including, but not limited to, weddings, wedding receptions, community meetings and group gatherings.
RELIGIOUS PLACE OF ASSEMBLY. A room or space in which provision is made for the congregation or assembly of persons for religious, recreational, educational, political or social purposes. One accessory dwelling unit for the housing of the pastor or similar religious leader and their family shall be permitted.
RESIDENTIAL FACILITY FOR ELDERLY PERSONS. A single-family or multiple-family dwelling unit that does not operate as a business and is owned by one of the residents, or an immediate family member of one of the residents, or the title is placed in trust for a resident, and that meets the requirements of UCA §§ 10-9a-103and 10-9a-516, as amended, meeting all applicable building codes, zoning and health code requirements, and is occupied on a 24-hour per day basis by eight or fewer elderly persons in a family type arrangement.
RESIDENTIAL FACILITY FOR PERSONS WITH DISABILITY. A residence in which more than one person with a disability, as defined in UCA § 10-9a-103, as amended, resides; and is licensed or certified by the Department of Human Services under UCA Title 62a, Chapter 5, services to people with disabilities; or is licensed or certified by the Department of Health under UCA Title 26, Chapter 21, the Health Care Facility Licensing and Inspection Act.
RESIDENTIAL FACILITY FOR PERSONS WITH A DISABILITY (SUBSTANCE ABUSE FACILITY LOCATED WITHIN 500 FEET OF A SCHOOL). A residence in which more than one person with a disability, as defined in UCA § 10-9a-103, as amended, resides; and is licensed or certified by the Department of Human Services under UCA Title 62a, Chapter 2, licensure of programs and facilities.
RESTAURANT. A building or facility for the preparation, retail sale and on site consumption of food and beverage, sales of food and beverage over a counter, packaging of food in wrappers, boxes or cartons regardless if the food is consumed on or off the restaurant premises; and may provide a drive-through or drive-up facility.
RETAIL SALES AND SERVICES. Establishments engaged in the retail sale of goods and services, except those uses as otherwise clearly defined herein.
SALVAGE YARD. The use of any lot, portion of a lot, or land to which secondhand materials are bought, sold, exchanged, stored, processed or handled. Materials include, but are not limited to, scrap iron and other ferrous materials, tires, discarded goods, machinery or three or more inoperable motor vehicles.
SEASONAL USE. A seasonal use shall not exceed 90 days. Such uses include fruit and/or vegetable stands, beverage, ice cream or snow cone vendors and Christmas tree lots.
SEXUALLY ORIENTED BUSINESS. A commercial establishment which has significant or substantial display space, or regularly features of any one or more of the following:
(1) Books, magazines, periodicals or other printed matter, or photographs, films, motion pictures, videocassettes, compact discs, slides or other visual representations which are characterized by their emphasis upon the exhibition or description of specified sexual activities or specified anatomical areas;
(2) Instruments, devices or paraphernalia which are designed for use or marketed primarily for stimulation of human genital organs;
(3) Persons who are seminude; and
(4) Live performances which are characterized by the exposure of specified anatomical areas or specified sexual activities.
TAVERN. An establishment licensed by the state’s Alcoholic Beverage Control Commission for serving beer by the drink to the general public.
TEMPORARY USE. A special event or use established for a maximum period of 45 days, such event or use being discontinued after the expiration of 45 days, and conducted in compliance with all the requirements of this chapter.
TRAILER CAMP or TRAILER COURT. Any area or tract of land used or designed to accommodate two or more travel trailers, camper units, recreational vehicles, motor homes, camping parties or man camps.
VEHICLE AND EQUIPMENT REPAIR, MAJOR. An establishment primarily engaged in the major repair or painting of motor vehicles or heavy equipment, including auto body repairs, installation of major accessories and transmission and engine rebuilding services. Typical uses include major automobile repair garages, farm equipment repair, paint and body shops.
VEHICLE AND EQUIPMENT REPAIR, MINOR. An establishment providing motor vehicle repair or maintenance services within completely enclosed buildings, but not including paint and body shops or other general vehicle repair and services. Typical uses include businesses engaged in the following activities: electronic tune ups; brake repairs; air conditioning repairs; generator and starter repairs; tire repairs; front end alignments; battery recharging; lubrication; and sales, repair and installation of minor parts and accessories such as tires, batteries, windshield wipers, hoses, windows and the like.
WAREHOUSE, SELF-SERVICE STORAGE. An enclosed storage facility of a commercial nature containing independent, fully enclosed bays, which are leased to persons exclusively for storage of their household goods or personal property.
WHOLESALE AND WAREHOUSING. An establishment that is primarily engaged in the storage and sale of goods to other firms for resale, as well as activities involving significant movement and storage of products or equipment. Uses include minor distribution centers, moving and storage firms, and warehousing and storage facilities.
WILD OR EXOTIC CREATURES. Any mammal, reptile or amphibian which is naturally inclined to do harm and capable of inflicting harm upon human beings.
(Prior Code, § 10-9-2) (Ord. passed 8-10-2006; Ord. 020912-01, passed 2-9-2012)