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TITLE, PURPOSE AND DEFINITIONS
TITLE, PURPOSE AND DEFINITIONS
This Title shall be known as THE ZONING REGULATIONS OF SUNSET CITY, UTAH. (Zoning Ord.)
A. Scope: This Title is designed and enacted for the purpose of promoting the health, safety, morals, convenience, order, prosperity and welfare of the present and future inhabitants of the City by including, among other things, the lessening of congestion in the streets or roads, securing safety from fire and other dangers, providing adequate light and air, classification of land uses and distribution of land development and utilization, protection of the tax base, securing economy in governmental expenditures, fostering of the City's agricultural and other industries and the protection of both urban and rural development.
B. Interpretation: In interpreting and applying the provisions of this Title, the requirements contained herein are declared to be the minimum requirements for the purpose set forth.
C. Restrictive Provisions: This Title shall not nullify the more restrictive provisions of covenants, agreements, ordinances or laws, but shall prevail notwithstanding such provisions which are less restrictive. (Zoning Ord.)
For the purpose of this Title, certain words and terms are defined as follows: words used in the present tense include the future; words in the singular number include the plural and the plural the singular; words not included herein but defined in the Building Title 1 shall be construed as defined therein.
AGRICULTURE, LIMITED: The tilling of the soil, the raising of crops, horticulture and gardening, but not including the keeping or raising of domestic animals and fowl, except household pets, and not including any agricultural industry or business, such as fruit packing plants, fur farms, animal hospitals or similar uses.
AIRPORT: Any area of land or water designed and set aside for the landing and taking off of aircraft.
AIRPORT ELEVATION, ESTABLISHED: The elevation in feet above mean sea level of the highest point of the landing area of an airport.
AIRPORT HAZARD: Any structure or natural growth or use of land which obstructs or restricts the air space required for the safe flight of aircraft landing, taking off or maneuvering at or in the vicinity of an airport, or which is otherwise hazardous to such landing, taking off or maneuvering of aircraft.
AIRPORT LANDING AREA: The specially prepared surface within the boundaries of an airport designed for aircraft landing and taking off operations.
AIRPORT REFERENCE POINT: The existing control tower or a point upon which a tower would normally be erected on an airport.
ALLEY: A public thoroughfare less than twenty six feet (26') wide.
APARTMENT HOTEL: Any building which contains dwelling units and also satisfies the definition of a "hotel", as defined in this Section.
APARTMENT HOUSE: A building designed to be occupied by more than four (4) families.
APARTMENT MOTEL: Any building or group of buildings which contains dwelling units and also satisfies the definition of a "motel", as defined in this Section.
BASEMENT: A story partly underground. A basement shall be counted as a story for height measurement where more than one-half (1/2) of its height is above the average level of the adjoining ground or where more than three-fourths (3/4) of any wall is above the level of the adjoining ground.
BOARDING HOUSE: A building where, for compensation, meals are provided for at least five (5) but not more than fifteen (15) persons.
BUILDING: Any structure having a roof supported by columns or walls for the housing or enclosure of persons, animals or chattels.
BUILDING, ACCESSORY: A subordinate building, customarily incidental to and located upon the same lot occupied by the main building. On any lot upon which is located a dwelling, any building which is incidental to the conducting of any agricultural use shall be deemed to be an accessory building.
BUILDING, HEIGHT OF: The vertical distance from the grade to the highest point of the coping of a flat roof or to the deck line of a mansard roof, or to the plate line of a pitch or hip roof.
BUILDING, MAIN: The principal building or one of the principal buildings upon a lot, or the building or one of the principal buildings housing the principal use upon the lot.
COURT: An open, unoccupied space, other than a yard, on the same lot with a building or group of buildings, and which is bounded on two (2) or more sides by such building or buildings. The width of a court is its least horizontal dimension, measured between opposite sides in the same general direction as the yard or lot line on which the court opens. The length of a court is its least horizontal dimension measured at right angles to its width.
DWELLING: A building designed and used for residential purposes, including one-, two-, three- and four-family dwelling units, but not including apartments, boarding houses, hotels, lodging houses or motels.
DWELLING, MULTIPLE-FAMILY: See definition of Apartment House.
DWELLING UNIT: One or more related or connected rooms occupied by or designed for residential purposes by one household.
FAMILY FOOD PRODUCTION: The keeping of not more than one cow; two (2) sheep; one pig (over 2 months old); twenty (20) rabbits; twenty five (25) chickens; twenty five (25) other barn yard fowl, including pheasants and pigeons; provided, that an additional number of fowl equal to five (5) times the number listed herein may be kept for each eight thousand (8,000) square feet in the lot in excess of ten thousand (10,000) square feet.
Private: An accessory building designed or used for the storage of not more than four (4) automobiles used by the occupants of the dwelling unit to which it is accessory; provided, that one property occupied by a multiple dwelling containing more than four (4) dwelling units, the capacity of such private garage shall not provide more than one and one-half (11/2) times as many spaces for automobiles as there are number of dwelling units. A private garage having any part of one or more walls or the roof common to a dwelling shall be considered a part of the dwelling, i.e., an attached garage. Any attached garage shall be subject to the same front and side yard regulations as apply to the dwelling to which it is accessory. For a detached private garage, i.e., not attached to the dwelling, located at least fifteen feet (15') to the rear of a dwelling to which it is accessory, the side yard may be reduced to not less than one foot (1'). A private detached garage shall not be located closer than twenty five feet (25') to any existing dwelling on adjacent property.
Public: A building or portion thereof, other than a private garage, designed or used for servicing, repairing, equipping, hiring, selling or storing motor driven vehicles.
A. For buildings adjoining one street only, the elevation of the sidewalk at the center of that wall adjoining the street.
B. For buildings adjoining more than one street, the average of elevations of the sidewalk at the centers of all walls adjoining streets.
C. For buildings having no wall adjoining the street, the average level of the ground (finished surface) adjacent to the exterior walls of the building. All walls approximately parallel to and not more than five feet (5') from a street line are to be considered as adjoining a street.
HOME OCCUPATION: An income producing use conducted entirely within a dwelling or garage which is clearly incidental, secondary and compatible to the residential use of the premises. In general, a home occupation is an accessory use so located and conducted that the average neighbor, under normal circumstances, should not be aware of its existence.
HORSES, RIDING: Horses maintained by occupants of dwellings for riding purposes of a noncommercial nature. Two (2) horses may be kept on lots or plots of one acre or more. No riding horses may be kept on lots of less than one acre, nor increased in number on lots of less than one acre where they are maintained at the time of the effective date hereof. One additional riding horse may be kept for each one-half (1/2) acre of ground exceeding one acre.
HOTEL: A building designed or occupied as the more or less temporary abiding place of fifteen (15) or more individuals who are, for compensation, lodged, with or without meals, and in which no provision is made for cooking in any individual room or suite.
HOUSEHOLD PETS: Animals and fowl customarily kept within the home including, but not limited to, dogs, cats, hamsters, guinea pigs, parakeets and canaries. Said animals shall be for family use only and not raised for commercial purposes. Animals normally associated with being kept outdoors and/or normally associated with agricultural areas such as horses, cows, goats, sheep, pigs, rabbits, chickens, ducks, geese or other farm animals shall not be allowed as household pets.
JUNKYARD: The use of any lot, portion of lot or tract of land for the storage, keeping or abandonment of junk, including scrap metals or other scrap material, or for the dismantling, demolition or abandonment of automobiles, or other vehicles, or machinery or parts thereof; provided, that this definition shall not be deemed to include such uses which are clearly accessory and incidental to any agricultural use permitted in the district.
KENNEL: An establishment having three (3) or more dogs, six (6) months or older, for the purpose of boarding, breeding, buying, grooming, letting for hire, training for a fee or selling.
LODGING HOUSE: A building where lodging only is provided for compensation to five (5) or more, but not exceeding fifteen (15) persons in contradistinction to hotels open to transients.
LOT: A parcel of land occupied or to be occupied by a main building or group of main buildings and accessory buildings, together with such yards, open spaces, lot width and lot area as are required by this title, and having frontage upon a street. Except for group dwellings, where more than one dwelling is placed on a lot, each dwelling structure shall be provided with the minimum frontage, lot area, front yard, rear yard and side yards as are required for one such dwelling on a lot in the same zone.
MOTEL: A building or group of buildings containing dwelling units designed for temporary use by automobile tourists or transients with appropriate garage or parking facilities. This definition also applies to auto courts and motor lodges.
MOTOR LODGE: See definition of Motel.
NATURAL WATERWAYS: Those areas, varying in width, along streams, creeks, springs, gullies or washes which are natural drainage channels as determined by the building inspector, in which areas no buildings shall be constructed.
NONCONFORMING USE: The use of any building or premises contrary to the use regulations of this title for the zone in which the building or premises is located.
PARKING LOT: An open area, other than a street, used for the temporary parking of more than four (4) automobiles and available for public use, whether free, for compensation or as an accommodation for clients or customers.
PARKING SPACE: Space within a building, lot or parking lot for the temporary parking or storage of one automobile.
STORY: That portion of a building, other than a cellar, included between the surface of any floor and the surface of the floor or ceiling next above.
Half: A story with at least two (2) of its opposite sides situated in a sloping roof, the floor area of which does not exceed two-thirds (2/3) of the floor immediately below it.
STREET: A public or private thoroughfare which affords principal means of access to abutting properties.
STRUCTURAL ALTERATIONS: Any change in the supporting members of a building such as bearing walls, columns, beams or girders.
TRAILER, AUTOMOBILE: A vehicle with or without motive power, designed to be used for human habitation.
USE: The specific purpose for which land or a building is designed, arranged, intended or for which it is or may be occupied or maintained.
Accessory: A subordinate use, customarily incident to and located upon the same lot occupied by the main use.
Conditional: A use or occupancy of a building, or use of land, permitted only when authorized upon issuance of a conditional use permit and subject to the limitations and conditions specified therein as provided in chapter 6 of this title intended to allow compatible integration of uses which may be suitable only in certain locations within a particular zone, or only upon certain conditions and/or design criteria being achieved.
Permitted: Any use lawfully occupying land or buildings as authorized in the zone regulations and for which no conditional use permit is required.
YARD: Any open space on a lot other than a court, unoccupied and unobstructed from the ground upward, except as otherwise provided herein.
Front: An open space on the same lot with a building, between the front line of the building (exclusive of steps) and the front lot or street line and extending across the full width of the lot.
Rear: An open, unoccupied space on the same lot with a building, between the rear line of the building (exclusive of steps) and the rear line of the lot and extending the full width of the lot.
Side: An open, unoccupied space on the same lot with a building, between the side line of the building (exclusive of steps) and the side line of the lot and extending from the front yard line to the rear yard line. (Zoning Ord.; amd. Ord. 16-18-78, 6-22-1978; Ord., 10-26-1978; 1997 Code; Ord. 2005-02, 1-18-2005)
1. See Title 9, Chapter 1 of this Code.