For the purpose of this title, the following terms and their derivations shall have the meaning as given herein unless the context clearly suggests that another meaning should apply. Words in the singular number include the plural and the plural the singular. The word "shall" is always mandatory. Words not included herein but which are defined in the building code shall be construed as defined therein. Words which are not included herein or in the building code shall be given their ordinary and usual meaning, unless the context of the words clearly indicate a different meaning.
AKC: American Kennel Club, a purebred dog registry in the U.S.
ABANDONMENT: To cease or discontinue a use or activity without intent to resume, but excluding temporary or short term interruptions to a use or activity during periods of remodeling, maintaining or otherwise improving or rearranging a facility or during normal periods of vacation or seasonal closure.
ABUTMENT: An end support of a bridge or similar structure.
ABUTTING: Having a common border with, or being separated from such a common border by, a right of way.
ACCESS: A way of approaching or entering a property. Lots of record are required to have direct access to a public street or highway, or to a private street meeting public standards. Access includes ingress, the right to enter, and egress, the right to leave.
ACCESSORY BUILDING: A subordinate building customarily incidental to and located upon the same lot occupied by a main building. Any dwelling located on an agricultural lot which is incidental to the conducting of agricultural use shall be deemed an accessory building.
ACCESSORY BUILDING, DETACHED: See definition of Detached Accessory Building.
ACCESSORY DWELLING UNIT (ADU): A complete secondary residential unit that can be added to a single-family residential lot which meets certain conditions and zoning criteria and shall be approved by the Planning Commission for a ‘Conditional Use’ approval.
ACCESSORY, SERVICE, USE: See definition of Service Accessory Use.
ACCESSORY STRUCTURE: A subordinate structure detached from, but located on the same lot as, the main structure, the use of which is incidental and accessory to that of the main structure.
ACCESSORY USE: A use incidental to and on the same lot as a principal use. An accessory use:
A. Is clearly incidental to and customarily found in connection with a principal building or use;
B. Is subordinate to and serves a principal building or a principal use;
C. Is subordinate in area, extent or purpose to the principal building or principal use served; and
D. Contributes to the comfort, convenience or necessity of occupants, business or industry in the principal building or principal use served.
ACTIVE FAULT: See definition of Geotechnical Terms.
ACTIVE LANDSLIDE: See definition of Geotechnical Terms.
AGENT: A person acting on behalf of another with authority conferred, either expressly or by implication.
AGRICULTURE: A farming activity limited to the tilling of soil, the raising of crops, horticulture and gardening, together with accessory uses which shall not be construed to permit any commercial activity or the keeping or raising of animals or fowl, except as specifically permitted in the zone requirements.
ALLEY: A public or private right of way which is less than twenty feet (20') wide, primarily designed to serve as secondary access to the side or rear of those properties whose principal frontage is on some other street. Alleys may be required in the rear of business lots, but will not be accepted in residential blocks, except under unusual conditions where such alleys are considered necessary to the planning commission.
ALTER: To make any change in the construction of or addition to a building which would permit an increase in capacity or change of use.
ALTERATION: A change or rearrangement in the structural parts of a building, the movement of all or any part thereof, or the substantial reconstruction thereof, so as to produce a substantial change in appearance, character or construction; also means an enlargement, whether by increasing in height, coverage, volume or floor area.
ALTERATIONS, STRUCTURAL: See definition of Structural Alterations.
ANIMAL KEEPING: The keeping of animals and/or fowl for food production or for pleasure.
ANTENNA: Any system of wires, poles, rods, reflecting disks or similar devices used for the transmission or reception of electromagnetic waves, which is external to or attached to the exterior of any building and including the supporting structure. Includes, but is not limited to, amateur radio antennas, television antennas and satellite receiving dishes.
APPEAL: A resort to a superior board (i.e., appeal authority) or a district court to review the decision of another board (i.e., appeal authority or planning commission).
APPEAL AUTHORITY: The official body designated by the city council to hear and decide appeals for variances and temporary exceptions from the terms of this title or other purposes as defined by this title.
AQUIFER: See definition of Geotechnical Terms.
AQUIFER RECHARGE AREA: See definition of Geotechnical Terms.
AS BUILT PLANS: Improvement plans for which all construction or installation has been completed and any deviations in the initially approved improvement plans are shown in a contrasting pattern or pen weight and called out on the plan. A Utah registered civil engineer, upon completion of the improvement, certifies on the drawings that the as built plans show the construction and/or installations as they have been completed.
AUTOMOBILE RECYCLING (PARTS DISMANTLING): A process carried out within a completely enclosed building of systematically disassembling or dismantling automobile vehicles for their component parts, which are cleaned, refurbished, catalogued and shelf stored as inventory for the purpose of resale. It includes the storage, both inside and outside the building, of not more than forty (40) disused or damaged vehicles awaiting movement to within the building for disassembly. The process also includes the immediate removal from the site of the vehicle body hulk and other waste material.
AUTOMOBILE REPAIR/AUTO BODY SHOP (NONMECHANICAL): Any building, structure or premises used for the external body repair or painting of automotive vehicles, including the facilities for the incidental storage of damaged vehicles in connection with the operation of external body repairs and/or painting of automotive vehicles within an enclosed structure.
AUTOMOBILE REPAIR SHOP (MECHANICAL): Any building, structure or premises used for the repair of automotive vehicles (except external body repair or painting), including the facilities for the incidental storage of damaged vehicles in connection with the operation of mechanical repairs of automotive vehicles within an enclosed structure.
AUTOMOBILE SERVICE STATION: Any building or premises used primarily for the retail sale of gasoline and lubricants, but which may also provide for the incidental servicing of motor vehicles, including grease racks, fire repairs, battery charging, hand washing of automobiles, sale of merchandise and supplies related to the servicing of motor vehicles and minor replacements, for which all work takes place within an enclosed building or structure, but excluding body and fender work, engine overhauling, painting, welding, storage of autos not in operating condition, or other work involving the creation of a nuisance to adjacent property.
AUTOMOBILE WRECKING: See definition of Junkyard.
AWNING: Any shade structure of approved material installed, erected or used adjoining or adjacent to a mobile home, and which is completely open on at least two (2) sides. A side may be interpreted to be an end.
BARN: A farm structure used for the storage of produce, animals and/or farm vehicles and equipment.
BASEMENT: A story partly underground with more than one-half (1/2) of its height above grade. A basement shall be counted as a story for height measurement. See definition of Cellar.
BASEMENT HOUSE: A one-story dwelling where more than twenty five percent (25%) of the floor area is below the finished surface grade at the front yard level. Basement houses are not permitted under this title.
BUFFER AREA: A landscaped area intended to separate and partially obstruct the view of two (2) adjacent land uses or properties from one another.
BUILDABLE AREA: That portion of a building lot not included within any required yard or open space, upon which a main building may be located.
BUILDING: Any structure having walls and/or a roof supported by columns or walls intended for or used for the shelter, housing or enclosure of any person, animal, chattel or property of any kind.
BUILDING, ACCESSORY: See definition of Accessory Building.
BUILDING, HEIGHT OF: The vertical distance measured from the natural grade level to the highest point of the structure directly above the natural grade when such structure is not located in a platted subdivision. If the structure is located in a platted subdivision, the building height shall be the vertical distance measured from the finished grade as shown on the subdivision grading plans or finished grade as shown on the individual lot's grading plans (whichever is lower) to the highest point of the structure directly above the finished grade. In the event that terrain problems prevent an accurate determination of height, the zoning administrator shall rule as to height. An appeal from that decision shall be to the appeal authority.
BUILDING, MAIN: The principal building or one of the principal buildings upon a lot or a building or one of the principal buildings housing the principal use upon the lot.
BUILDING, PUBLIC: A building owned and operated or owned and intended to be operated by a public agency of the United States Of America or the state of Utah, or any of its subdivisions in connection with a public use.
BUILDING SETBACK: The minimum distance as prescribed by this title between any property line and the closest point of the foundation or any supporting post or pillar of any building or structure related thereto.
CABANA: Any portable, demountable structure, room, enclosure or other building erected, constructed or placed on any trailer site within ten feet (10') of any trailer coach on the same site in a trailer park.
CAMPGROUND: A private, public or semipublic open area with sanitary facilities for overnight camping and may include the overnight parking of camping trailers, tent trailers or other vehicle types intended for camping purposes.
CAMPING TRAILER: A folding structure mounted on a trailer chassis. Tents are expressly excluded from this definition.
CANOPY: A permanently roofed shelter covering a sidewalk, driveway or other similar area, which shelter may be wholly supported by a building or may be wholly or partially supported by columns, poles or braces extended from the ground.
CARPORT: A private garage not completely enclosed by walls or doors. For the purpose of this title, a carport shall be subject to all of the regulations prescribed for a private garage, whether attached or detached, unless specifically provided otherwise.
CATCH BASINS: In a manmade stream or watercourse, a small depression or basin designed to hold water.
CELLAR: A story having more than one-half (1/2) of its height below grade. A cellar shall not be counted as a story for the purpose of height measurement.
CEMETERY: Land used or intended to be used for the burial of the dead and dedicated for such purposes, including columbariums and crematoriums.
CERTIFICATE OF OCCUPANCY: A certificate issued by the building inspector after final inspection, when it is found that the building, structure and/or development complies with all requirements, zoning, all provisions of the adopted building code, and approved plans.
CHURCH: A permanently located building or structure, together with its accessory buildings, commonly used for religious worship. A church is not a public building.
CLEAR VISION AREA: The triangular area of a corner lot or parcel formed by the street property lines and the line connecting them at points thirty feet (30') from the intersecting right of way lines of two (2) streets. Fencing and planting is restricted within this area as follows:
A. No fence shall exceed a height of three feet (3').
B. Shrubs shall be pruned to a height not to exceed three feet (3').
C. Trees shall be pruned to maintain a clear area below eight feet (8').
COLLECTOR STREETS: A primary street designed to collect traffic from neighborhoods and transport the traffic to arteries. Design standards for collector streets shall conform to current adopted city regulations.
COMMERCIAL USE: An occupation, employment or enterprise that is carried on for profit by the owner, lessee or licensee.
COMMON OPEN SPACE: See definition of Open Space, Common.
COMMUNICATIONS TOWER: A tower which supports or contains communications antennas or related equipment of one of the following types:
Guyed Tower: A tower requiring guywires or other stabilizers for support.
Lattice Tower: A self-supporting multiple sided steel frame tower.
Monopole Tower: A self-supporting tower consisting of a single pole without guywires or stabilizers.
COMMUNITY CENTER: A place, structure, area or other facility used for and providing social and/or recreational programs generally open to the public and designed to accommodate and serve significant segments of the community.
COMPATIBLE: Capable of orderly efficient integration and operation with adjacent developments. A development is compatible with an existing on or off site development or property if its architectural features, building height and materials, approved uses, intensity of use and other features are complementary and do not have a significant adverse economic and aesthetic impact on the existing development or property.
CONDITIONAL USE: A use, because of characteristics peculiar to it, or because of size, technological processes or type of equipment, or because of the exact location with reference to surroundings, streets and existing improvements or demands upon public facilities, requires a special degree of control to make the use consistent and compatible with other existing or permissible uses in the same districts, and to assure that the use shall not be adverse to the public interest.
CONSTRUCTION, ACTUAL: The actual placing of construction materials in their permanent position, fastened in a permanent manner, actual work in excavating a basement or the demolition or removal of an existing structure begun preparatory to rebuilding. In all cases, actual construction work shall be diligently carried on until the completion of the building or structure involved.
CORRAL: A fenced enclosure used for the close confinement of large animals with hay or grain feeding in contrast to pasture feeding where the purpose of the enclosure is for training, protection from the elements or any other purpose other than future sale of the animals.
COURT: An open, unoccupied space other than a yard on the same lot with a building or group of buildings 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 the court is its horizontal dimension measured at right angles to its width. Courts shall have a minimum width of not less than thirty feet (30').
CRITICAL FACILITIES (RELATING TO GEOTECHNICAL): See definition of Geotechnical Terms.
CUL-DE-SAC: A minor terminal street provided with a turnaround with a one hundred foot (100') minimum diameter. Cul-de-sac streets shall not provide frontage for more than nine (9) dwelling units.
DAIRY: A farming operation for the production of milk in commercial quantity and which is regularly inspected by the state department of agriculture or its cooperating agencies.
DAYCARE: The supervision of children, unaccompanied by parent or guardian, or adults in need of supervision by other than legal guardian, for periods of less than twenty four (24) hours. The term "daycare" includes, but is not limited to, kindergartens, preschools, daycare (child), nursery schools and all other similar facilities specializing in the education and/or care of children prior to their entrance into the first grade, other than facilities owned and/or operated by the public school system.
DAYCARE (ADULT): Any building or structure used for the purpose of furnishing care, supervision and guidance for three (3) or more elderly, developmentally and/or emotionally disabled adults for periods of less than twenty four (24) hours per day.
DAYCARE (CHILD): A building or structure, other than an occupied residence, where care, protection and supervision of children are provided for periods of less than twenty four (24) hours.
DAYCARE (CHILD) HOME: An occupied residence where care, protection and supervision are provided for periods less than twenty four (24) hours to no more than eight (8) children at one time, including the resident's children under six (6) years of age.
DENSITY: The number of dwelling units permitted per net acre of land.
DETACHED ACCESSORY BUILDING: A building which is not attached to the principal building by any covered porch, breezeway or other roofed structure.
DEVELOPMENT:
A. All building of structures and other modifications of the natural landscape above and below the ground or water, on a particular site;
B. The division of land into one or more parcels;
C. The construction, reconstruction, conversion, structural alteration, relocation or enlargement of any structure;
D. Any mining, excavation, landfill or land disturbance; or
E. Any use or extension of the use of land.
DEVELOPMENT MASTER PLAN: A plan of development which encompasses an entire site under one or more ownerships, which is designed to accommodate one or more land uses, the development of which may be phased, and which could include planned residential unit development, clustered subdivision and planned commercial development.
DWELLING: A building or part of a building designed and used for residential purposes, including one- or two-family units, but not including boarding houses, hotels or lodging houses.
DWELLING, SINGLE-FAMILY: A building arranged or designed to be occupied exclusively by one family, the structure having only one dwelling unit.
DWELLING, TWO-FAMILY: A building arranged or designed to be occupied by two (2) families, the structure having only two (2) dwelling units.
DWELLING UNIT: One or more rooms in a building designed for or occupied by one family for living or sleeping purposes.
EASEMENTS: A right to use the property of another. In this title, an easement usually refers to a specified area on a lot or parcel of land reserved or used for the location of and/or access to utilities, drainage or other public purposes, or for preservation of undisturbed terrain for the benefit of the general public. An easement also includes private rights of way that one property owner grants to another party to use the grantor's property for the grantee's purposes, such as, but not limited to, access to the grantee's property.
EDUCATIONAL INSTITUTION: A public elementary or secondary school; a seminary or parochial school; or a private educational institution having a curriculum similar to that ordinarily given in grades one through twelve (12) in the public school system. The term "educational institution", for the purpose of this title, does not include post high school educational facilities.
EDUCATIONAL/INSTITUTIONAL IDENTIFICATION SIGN: A sign which is erected on the property of an educational or institutional structure to identify the use.
EGRESS: The ability to exit a site from a roadway.
ELDERLY PERSON: A person who is sixty (60) years of age or older, who desires or needs to live with other elderly persons in a group setting, but is capable of living independently.
ELECTRONIC COMMUNICATIONS FACILITIES AND EQUIPMENT: Facilities and equipment for low power radio transmission and for other forms of telecommunication technologies. Generally consists of an antenna for transmitting or receiving electromagnetic radiation as authorized by the federal communications commission, and a communication tower which supports or contains the antenna and related communications equipment.
EMPLOYMENT, FULL TIME: The time and effort spent by a person or persons in an activity which produces the major financial income which supports that person or persons. Time spent in this activity is not less than twenty five (25) hours per person and is usually forty (40) hours or more per week per person.
EMPLOYMENT, PART TIME: The time and effort spent by a person or persons in an activity which supplements the major financial income of that person or persons. Time spent in this activity shall not be more than twenty six (26) hours per week per person average over a six (6) month period.
ENGINEERING GEOLOGY: See definition of Geotechnical Terms.
EXCAVATION: The removal of sand and gravel, clay, soil, granite, flagstone, slate or shale by excavating, stripping, leveling or other process, together with all other types of mining operations where material is removed from the earth, not including the removal of sod or topsoil.
FACTORY BUILT HOME: A factory built structure designed for long term residential use, the components of which are essentially constructed or assembled prior to its delivery to and installation upon a site. For the purpose of this title, "factory built housing" shall include manufactured homes, modular homes and mobile homes.
FAMILY: An individual or two (2) or more persons related by blood, marriage or adoption, or a group of not more than five (5) persons who are not so related, living together as a single nonprofit housekeeping unit, doing their own cooking and domestic service for such a family or group.
FAULT: See definition of Geotechnical Terms.
FAULT TRACE: See definition of Geotechnical Terms.
FAULT ZONE: See definition of Geotechnical Terms.
FENCE: Any artificially constructed barrier of any material or combination of materials erected to enclose or screen areas of land, which is used as a boundary or means of protection or confinement.
FIELD DOG: Any of several breeds of small to medium sized gun dogs with a long silky coat and long frilled ears.
FINANCIAL GUARANTEE: In lieu of actual installations of the improvements required by this title, a letter of credit from a lending institution or an escrow agreement, in an amount equal to the future cost of the installation of the improvements, as determined by the city engineer and/or planning commission, and approved by the city attorney, to assure the installation of such improvements within a period of one year or less as determined and approved by the city council.
FLOOR AREA, GROSS: The sum of the areas of the several floors of a building, including areas used for human occupancy in basements, attics and penthouses, as measured from the exterior faces of the walls. It does not include unenclosed porches, or attics not used for human occupancy, or any floor space in accessory buildings or in the main building intended and designed for the parking of motor vehicles in order to meet the parking requirements of this title, or any such floor space intended and designed for accessory heating and ventilating equipment. It shall include the horizontal area at each floor level devoted to stairwells and elevator shafts.
FLOOR SPACE: In the case of offices, merchandising or service types of uses, shall mean the gross floor area used or intended to be used by tenants or for service to the public as customers, patrons, clients or patients, including areas occupied by fixtures and equipment used for display or sales of merchandise. It shall not include areas used principally for nonpublic purposes, such as cooking, storage, incidental repair, processing or packaging of merchandise.
FRONT LOT LINE: The property line of the lot toward which the front line of a main building faces or may face, and which abuts a public dedicated street, a right of way or fee title access strip approved by the planning commission as a special exception, or a street made public by right of use.
FRONTAGE: All the property fronting one side of the street between intersecting or intercepting streets, or between a street and a right of way, waterway, end of a dead end street, or political subdivision boundary, measured along the street line. The end of a stub street shall not be construed to be frontage on a street. An intercepting street shall determine only the boundary of the frontage on the side of the street which it intercepts.
GARAGE, PRIVATE: An accessory building designed or used for the storage of not more than four (4) automobiles used by the occupants of the dwelling to which it is accessory and in which no business, commercial service or industry is carried on. A private garage having any part of one or more walls of the garage common to the 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 applied to the dwelling which it is accessory to.
GARAGE, PUBLIC: A building or portion thereof, other than a private garage, designed or used for storing, servicing, repairing, equipping, hiring or selling motor driven vehicles.
GENERAL PLAN: A legal document in the form of a map and accompanying text adopted by the local legislative body. The plan is a compendium of the legislative body's policies regarding the long term development of its jurisdiction. It is sometimes called a comprehensive or master plan.
GEOTECHNICAL REPORT: See definition of Geotechnical Terms.
GEOTECHNICAL TERMS:
Active Fault: A seismic (earthquake) fault displaying evidence of surface displacement along one or more of its traces during Holocene time (approximately the last 10,000 years).
Active Landslide: A landslide which is known to have moved or deformed and which has not been proven to be stable by a geotechnical investigation.
Aquifer: A geological unit in which porous and permeable conditions exist, or a geologic unit of stratified drift capable of yielding usable amounts of water.
Aquifer Recharge Area: An area that has soils and geological features that are conducive to allowing significant amounts of surface water to percolate into groundwater.
Critical Facilities:
A. Lifelines, such as major communication, utility and transportation facilities and their connection to emergency facilities;
B. Unique or large structures whose failure might be catastrophic, such as dams or buildings where explosive, toxic or radioactive materials are stored or handled;
C. High occupancy buildings such as schools, hotels, offices;
D. Emergency facilities, such as police and fire stations, hospitals;
E. Communication centers; and
F. Disaster response facilities.
Engineering Geology: The application of geological data and principles to engineering problems dealing with naturally occurring rock and soil for the purposes of assuring that geological factors are recognized and adequately interpreted in engineering practice.
Fault: A fracture in the earth's crust forming a boundary between rock or soil masses that have moved relative to each other.
Fault Trace: The intersection of the fault plane with the ground surface.
Fault Zone: A corridor of variable width along one or more fault traces.
Geotechnical Report: A technical report or study prepared by a geotechnical professional who is qualified in the field of expertise examined and analyzed in such a report. A person shall be considered qualified upon presentation of credentials providing recognition in the professional field, such as an academic degree from an accredited college or university in geology, geotechnics and/or geotechnical engineering.
Landslide: A general term for the downslope movement of a mass of soil, surficial deposits or bedrock.
Liquefaction: A process by which certain water saturated soils lose bearing strength because of ground shaking and increase of groundwater pore pressure.
GLARE: A sensation of brightness within the visual field that causes annoyance, discomfort or loss in visual performance and visibility.
GRADE (ADJACENT GROUND ELEVATION): The lowest point of elevation of the finished surface of the ground, paving or sidewalk within the area between the building and the property line or, when the property line is more than five feet (5') from the building, between the building or structure and a line five feet (5') from the building or structure.
GRADE, FINISHED SURFACE: The average level of the finished surface of the ground adjacent to the front setback line of a building or structure. On a corner or multifrontage lot, the average level or the ground adjacent to and measured along all frontage setback lines of the building.
GRAZE: To feed on growing grass or herbage.
GREEN STRIP: Landscaped or natural open areas devoid of buildings and structures.
GUYED TOWER: See definition of communications tower.
HUD: Department of Housing and Urban Development.
HANDICAP: See definition of person with a disability.
HAZARDOUS WASTE: A solid waste or combination of solid wastes which, because of its quantity, concentration or physical, chemical or infectious characteristics may cause or significantly contribute to an increase in mortality or an increase in serious irreversible or incapacitating reversible illness, or may pose a substantial present or potential hazard to human health or the environment when improperly treated, stored, transferred, disposed of or otherwise managed.
HAZARDOUS WASTE DISPOSAL FACILITY: A facility approved by the Environmental Protection Agency (EPA) for the treatment, permanent storage or disposal of hazardous waste in any fashion so as to prevent contaminants in excess of EPA guidelines from migrating off the facility or into the environment.
HOME BASED BUSINESS, MAJOR: Home based businesses which meet the conditions listed in section 9-13C-6 of this title.
HOME BASED BUSINESS, MINOR: Home based businesses which meet the conditions listed in section 9-13C-5 of this title.
HOMEOWNERS' ASSOCIATION: A formally constituted private, nonprofit corporation made up of the property owners and/or residents of a fixed area for the purpose of owning, operating and maintaining various common properties and/or facilities.
HORSE, MINIATURE: Defined by size, as being less than thirty eight inches (38") in height as measured from the withers, with three (3) miniatures being equivalent to one standard horse.
HORSE, PONY: Defined by size, as being less than forty eight inches (48") in height as measured from the withers, with two (2) ponies being equivalent to one standard horse.
HORSE, STANDARD: Defined by size, as being over forty eight inches (48") in height as measured from the withers.
HORSES FOR PRIVATE USE: Horses maintained by occupants of dwellings for riding purposes of a noncommercial nature.
HOUSEHOLD PET: Animals and fowl which are customarily allowed in the home for the sole pleasure and enjoyment of the occupants but not raised or kept for commercial purposes or for food, but not including a sufficient number of dogs to constitute a "kennel", as defined in this section.
IMPACT FEES: A payment of money imposed upon development activity as a condition of development approval in order to offset the financial burden for off site impacts, such as schools, provision of services or infrastructure. Impact fee does not mean a tax, a special assessment, a building permit fee, a hookup fee, a fee for project improvements, or other reasonable permit or application fee.
INGRESS: The right to enter a site from a roadway.
INTERNATIONAL PROPERTY MAINTENANCE CODE: The current version of the international property maintenance code, distributed by the International Code Council. This code provides requirements for continued use and maintenance of plumbing, mechanical, electrical and fire protection systems in existing residential and nonresidential structures.
JUNK, INOPERABLE OR ABANDONED VEHICLE: Includes any trailer, semitrailer or motor vehicle not currently registered and licensed in this state or another state that requires licensure, that cannot be legally operated on a public road in its existing condition because the parts necessary for operation, such as, but not limited to, tires, horn, brake lights, windshield, engine, drive train, driver's seat, steering wheel or column, gas or brake pedals, are removed, destroyed, damaged, deteriorated, nonoperative or nonconforming.
JUNKYARD: Any lot, portion of lot or tract of land used 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 zone.
KENNEL: Any lot of at least one acre in RE20, RE50, AG and RE20 R/R zones on which three (3) or more dogs, four (4) months old or older are kept.
LAND AFFECTED: The surface and subsurface of an area within the incorporated areas of the city where mining operations are being or will be conducted, including, but not limited to, on site private ways, roads, the excavation site itself, exploration sites, drill sites or working, parking or storage areas; areas in which structures, facilities, equipment, machines, tools or other materials or property which result from or are used in such operation, are situated.
LANDSLIDE: See definition of Geotechnical Terms.
LATTICE TOWER: See definition of Communications Tower.
LIQUEFACTION: See definition of Geotechnical Terms.
LIVESTOCK FEED YARD: A parcel of land used for the keeping of animals where, due to their heavy concentration, no grazing is possible but where the livestock are wholly fed and confined for the primary purpose of future sale. For the purpose of this title, a livestock feed yard shall exist on a farm where there are an average of more than five (5) head of cattle per acre of used grazing land.
LOT: A parcel of land occupied or capable of being occupied by a permitted use, building or group of main buildings (main or accessory), together with such yards, open spaces, parking spaces and other areas required by this title, and the subdivision title. A lot shall have frontage upon a public street or an approved private road. Except for group dwellings, where more than one dwelling is placed on a lot, each dwelling shall be provided with the minimum lot area required for one such dwelling on a lot in the same zone.
LOT AREA: The total horizontal area within the lot lines of a lot.
LOT CENTERLINE FOR CORNER LOT: An imaginary straight line lying midway between and in the main direction of the longest interior lot line and the boundary line lying midway between and in the main direction of the longest interior lot line and the boundary line lying opposite thereto. When it is apparent that such centerline would intersect the front lot lines, all interior boundary lines shall be deemed to be side lot lines and the lot shall not also be classified as a multifrontage lot.
LOT, CORNER: A lot which has an interior angle of one hundred thirty five degrees (135°) or less at the intersection of two (2) street lines. A lot abutting upon a curved street is considered a corner lot if the tangents to the curve at the points of intersection of the side lot lines intersect at an interior angle of one hundred thirty five degrees (135°) or less.
LOT COVERAGE: That portion of a lot or parcel which is occupied by any building or other covered structure, excepting paved areas, walks and swimming pools.
LOT DEPTH: The length of a straight line connecting the midpoints of the front and rear lot lines.
LOT DEPTH FOR MULTIFRONTAGE AND CORNER LOTS: The horizontal distance between opposite boundaries of the lot measured along the centerline thereof.
LOT FRONTAGE: The horizontal length of the front lot line.
LOT, INSIDE: Any lot which is not a corner lot or a through lot.
LOT, INSIDE GORE SHAPED: Any inside lot, the interior lines of which converge towards the rear thereof.
LOT LINE: Any line bounding a lot.
LOT LINE, FRONT: The boundary line of a lot bordering a street. In the case of a corner lot or multifrontage lot, any lot boundary line having adequate frontage to meet the requirements of the particular zone may be designated by the owner as the front lot line.
LOT LINE, INTERIOR: Any boundary of a lot which does not border a street.
LOT LINE, REAR: A lot line which is opposite and most distant from the front lot line. In the case of a lot having five (5) or more sides, the rear lot line shall be any lot line, other than the front lot line, which intersects an interior lot line or a front lot line at any angle less than one hundred thirty five degrees (135°).
LOT LINE, REAR, FOR INSIDE LOTS: The interior line lying opposite the front lot line. Where the lot is also a gore shaped lot and the side lot lines thereof converge either to a point or to a rear boundary which is less than one-half (1/2) of the minimum required lot width, the rear lot line shall be construed to be an imaginary straight line across the centerline of the lot at right angles, which is one-half (1/2) of the required lot width in length.
LOT LINE, REAR, FOR MULTIFRONTAGE AND CORNER LOTS: On multifrontage lots, the exterior lot line so designated. On corner lots, that interior lot line which has been designated as a rear lot line by the lot owner or authorized person applying for the building permit.
LOT LINE, SIDE, FOR CORNER LOTS: Those lot lines other than a street side lot line that connects the front and rear lot lines.
LOT LINE, SIDE, FOR INSIDE LOTS: Those interior lines lying opposite of each other running between the front and the rear lot lines.
LOT LINE, SIDE, FOR MULTIPLE FRONTAGE LOTS: Those interior lines which run between the two (2) possible front lot lines.
LOT LINE, STREET SIDE: That lot line or lines on a corner lot adjoining a street right of way that connects the front lot line to a rear lot line.
LOT, MULTIFRONTAGE: A corner or through lot, which has the required frontage on two (2) or more streets. The owner, developer or applicant shall designate one of the lines with the required frontage to be the front lot line, and that designation shall be irrevocable.
LOT, NONCONFORMING: A lot or parcel of land that has less than the required minimum area or width as established by the zone in which it is located; and, provided, that such lot or parcel was of record as a legally created lot on the effective date hereof.
LOT, THROUGH: A lot which has street right of way frontage on two (2) nonadjoining sides.
LOT WIDTH: For rectangular lots, lots having side lot lines not parallel, and lots on the outside of the curve of a street, the distance between side lot lines measured at the required minimum front yard line on a line parallel to the street or street chord; and for lots on the inside of the curve of a street, the distance between side lot lines measured thirty feet (30') behind the required minimum front yard line on a line parallel to the street or street chord.
LOT WIDTHS FOR CORNER LOTS: The horizontal distance between opposite lot boundary lines measured at right angles to the centerline at the required minimum front yard line.
MAIN USE: The principal use of land or structures, as distinguished from a secondary or accessory use.
MANUFACTURED HOME:
A. A transportable factory built housing unit:
1. Constructed on or after June 15, 1976, according to the federal home construction and safety standards act of 1974 (HUD code);
2. Constructed in one or more sections, which, in the traveling mode, is eight (8) body feet or more in width or forty (40) body feet or more in length, or when erected on site, is four hundred (400) or more square feet;
3. Which is built on a permanent chassis and designed to be used as a dwelling when connected to the required utilities, and includes the plumbing, heating, air conditioning and electrical systems;
4. Which is attached to a permanent foundation in accordance with plans providing for vertical loads, uplift and lateral forces and frost protection in compliance with the applicable building codes; and
5. For which any appendages, including carports, garages, storage buildings, additions or alterations are built in compliance with the applicable building code.
B. All manufactured homes constructed on or after June 15, 1976, shall be identifiable by the manufacturer's data plate bearing the date the unit was manufactured and a HUD label attached to the exterior of the home certifying the home was manufactured to HUD standards. The designation of manufactured home does not include mobile homes, recreational vehicles and modular housing (factory built) buildings, as defined in this section.
MINING OPERATIONS: Those activities conducted on the surface of the land for the exploration for, development of, or the extraction of mineral deposits from its natural occurrences, including surface mining and surface effects of underground mining, including on site transportation or other primary processing.
MOBILE HOME: Either:
A. A transportable factory built housing unit built prior to June 15, 1976, in accordance with a state mobile home code which existed prior to the federal manufactured housing and safety standards act (HUD code); or
B. A transportable factory built housing unit built after June 15, 1976, which does not comply with one or more of the requirements of a manufactured home.
MOBILE HOME LOT: A plot of ground within a mobile home park designed for the accommodation of one mobile home.
MOBILE HOME PARK: Any area or tract of land used or designed to accommodate, for living purposes, two (2) or more mobile homes on a permanent or semipermanent basis.
MOBILE HOME STAND: That portion of a mobile home lot designed for the location of a mobile home and all accessory structures, cabanas, etc., or other add on enclosed space. A mobile home stand must be at least ten feet (10') wide and forty five feet (45') long.
MODEL HOME OR SALES OFFICE: A home, dwelling unit or a temporary structure which has been constructed in a new development or subdivision, which is open to the public and which is used to sell homes or dwelling units in the development or subdivision.
MODULAR HOUSING OR HOME: Modular housing, sometimes referred to as a factory built building, is constructed to the minimum standards of the international building code (IBC). This type of structure is considered equivalent to any dwelling or dwellings which require substantial assembly on site (i.e., a site built home). The term modular housing refers to any dwelling which is fabricated either in whole or in sections at a factory wherein such parts, or modules, are not constructed on a chassis. For the purposes of this title, the modular housing category does not include manufactured homes or mobile homes, as defined in this section.
MONOPOLE TOWER: See definition of Communications Tower.
MOTOR HOME: A self-propelled vehicular unit primarily designed as a temporary dwelling for travel, recreational and vacation use.
NATURAL HAZARDS OVERLAY MAPS: The maps adopted by the city showing potentially hazardous lands in Uintah City, within which hazardous lands investigations are generally required prior to development. Each map identifies areas which may be affected by a particular type of hazard.
NATURAL WATERWAYS: Those areas of varying widths 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 BUILDING LOT: A parcel of land of record with frontage on a public street that was held in separate ownership from adjacent property on the effective date hereof, the dimensions of which do not meet the minimum requirements for a building lot in the zone in which it is located. Adjacent properties in the same ownership at the time of the adoption of this title, but described separately, shall be considered one lot for the purpose of this title.
NONCONFORMING BUILDING OR STRUCTURE: A building, structure or portion thereof lawfully existing at the time this title became effective, which does not conform to all the height, area and yard regulations herein prescribed in the zone in which it is located.
NONCONFORMING USE: A use which lawfully occupies a building or land at the time this title became effective and which does not conform with the use regulations of the zone in which it is located.
NONDEVELOPABLE AREA: An area where, due to topographic (e.g., over 30 percent slope), or hazardous conditions (e.g., earthquake, landslide), as defined by Uintah City ordinances, the land is not considered to be suitable for construction of residential, commercial or manufacturing buildings or structures.
NUISANCE: Any of the following:
A. Any public nuisance, as defined by the laws of the state of Utah.
B. Whatever is dangerous to human life or is detrimental to health, or which may create a fire hazard.
C. The overcrowding of any room or mobile home to a degree which will limit the cubic footage of available air space to less than three hundred (300) cubic feet per person for permanent or semipermanent occupancy.
D. Insufficient ventilation or illumination of any room or mobile home.
E. Inadequate or unsanitary sewage disposal of public facilities.
F. Whatever renders air, food or drink unwholesome or detrimental to the health of human beings.
NURSERIES: Buildings, structures and/or facilities for the growth and sale of plants and/or for the utilization of and storage of equipment for landscaping operation and wholesale and/or retail or commercial gardening supplies.
NURSING HOME: A building, structure and/or facility for the care of children, the aged, infirm or convalescent of any age for more than twenty four (24) hours at a time.
OFF SITE: The land areas that are outside or beyond the on site land which is owned or controlled by the operator.
ON SITE: The surface land area within which mining operations are or will be conducted, which is bounded by continuous property lines dividing the surface of land ownership, control or right that is invested in the operator. A series of related properties under the control of a single operator but separated by small parcels of land controlled by others will be considered a single site unless excepted by the planning commission.
OPAQUE WALL/FENCE: A fence, wall or hedge that a person cannot see through. A fence which causes obscurity and concealment, as well as restricting the passage of light and sight.
OPEN GREEN SPACE: An open space, on publicly or privately held property, intended to provide light and air, suitable for recreation and/or natural vegetation and/or landscaping, and shall be unoccupied and unobstructed by buildings and/or hard surfaces, such as asphalt, cement and packed gravel, and may be used for active or passive recreation, environmental, scenic or resource conservation, except that such open green space may be traversed by necessary sidewalks and access rights of way, and may include, but is not limited to, lawns, decorative planting, playgrounds and fountains. When provided as a part of and within a subdivision development, open green space may be used under agreement with a homeowners' association for agricultural purposes.
OPEN SPACE, COMMON: Open space within or related to a development, which is not held in individually owned lots or dedicated for public use, but which is owned in common by the owners' association and is designed, maintained and intended for the common use or enjoyment of the residents of the development.
OPEN WALL/FENCE: A fence, wall or hedge constructed in such a way that no more than twenty percent (20%) of the surface area of the fence obstructs a view through the fence from a position perpendicular to the fence.
OPERATOR: Any person, firm, corporation, association, partnership, receiver, trustee, executor, administrator, guardian, fiduciary, agent or other organization or representative of any kind, either public or private, owning, controlling or managing mining or excavation operations, or proposed mining or excavation operations, including exploring for or developing of a mineral deposit.
OWNER: Any person, corporation, association, partnership or other legal organization or representative of any kind, either public or private, owning, controlling or managing any real property within Uintah City.
PARK MODELS: A mobile home or manufactured home having less than four hundred (400) square feet. Park models are classified as recreational vehicles. Park models are not allowed in a mobile home park.
PARKING LOT: An open area, other than a street, used for the parking of more than four (4) automobiles and available for public use, whether free, for compensation or as an accommodation for clients or customers, designed so that access to the parking spaces in the lot is by means of private interior roadways or alleys and not by direct access from a public street.
PARKING SPACE: Space within a building, lot or parking lot for the parking or storage of one automobile.
PASTURE: Grass or other plants eaten by grazing animals or land used for grazing and pasture feeding.
PATIO: A hard surfaced outdoor area used for recreation and/or leisure activities.
PERMITTED USE: Any use lawfully occupying land or buildings as authorized in the zone regulations and for which no conditional use permit is required.
PERSON: Any individual, firm, trust, partnership, public or private association, or corporation.
PERSON WITH A DISABILITY: A person with a physical or mental impairment that substantially limits one or more of the person's major life activities, including a person having a record of having such an impairment or who is regarded as having such an impairment. Disability does not include current illegal use of, or addiction to, any Federally controlled substance.
PLANNING COMMISSION: The administrative body charged with the development of the General Plan, formulation and administration of the zoning map and ordinance, and the review of any other land use matters designated by the Mayor and City Council. The Planning Commission is an advisory board.
PLANNING DIRECTOR: The person appointed by the City Council to administer and enforce the zoning and subdivision ordinances and to represent the Planning Commission on a day to day basis with the public, or his/her designated appointee.
PLOT PLAN: A plat of a lot, development or subdivision drawn to scale showing its actual measurements, the size and location of any existing buildings and buildings to be erected, and showing the location of the lots and abutting streets.
PRESCHOOL HOME BASED BUSINESS: An activity conducted within a residence for the care, whether or not for compensation, of up to twelve (12) children at any one time, for less than four (4) hours. Members of the family residing on the premises shall not be included in the number of children cared for by the preschool.
PRIMARY STREET: Any thoroughfare of an existing or intended one hundred foot (100') width between property lines, including therein the sidewalk, if any, or any greater width or its equivalent width in traffic carrying capacity when shown as such thoroughfare on the official street plan of the City.
PRINCIPAL BUILDING: See definition of Building, Main.
PRINCIPAL USE: See definition of Main Use.
PRIVATE: Use by the occupant, his friends and guests, and not for the purpose of remuneration, hire or sale, or any other commercial use. Use by an ad hoc informal association or group for the purpose of circumventing this limitation shall not be considered private.
PUBLIC: Buildings or uses owned or operated by a branch of the government or governmental entity and open to the public, such as libraries, schools, parks and other than private facilities.
PUBLIC ROAD: Any road, street, alley, lane, place, viaduct, tunnel, culvert or bridge laid out or erected as such by the public, or dedicated or abandoned to the public, or made such in an action for the partition of real property and includes the entire area within the right of way.
QUALIFIED PROFESSIONAL: A professionally trained person with the requisite academic degree, experience and professional certification or license in the field or fields relating to the subject matter being studied or analyzed.
RECLAMATION: Actions performed during and after mining operations to shape, stabilize, revegetate or otherwise treat the land affected in order to achieve a safe, stable, ecological condition. The mined lands will be reclaimed to a usable condition which is readily adaptable to alternate land uses and creates no danger to public safety. These rehabilitated or reclaimed conditions will be consistent with the general plan in the immediate area. The reclamation process may extend to affected lands surrounding the mined lands and may require backfilling, grading, resoiling, revegetation, soil compaction, stabilization and other measures.
RECREATION: The act of reinvigorating oneself through play or amusement solely for personal, physical or mental benefit, and not for, or as part of, a business enterprise.
RECREATIONAL VEHICLE: A dwelling unit mounted on wheels with no more than four hundred (400) square feet of livable floor area on a frame not greater than twelve feet (12') in width, primarily designed for temporary living quarters and/or recreational use. This category also includes portable truck campers consisting of a roof, floor and sides which are designed to be loaded onto, and unloaded from, the bed of a pickup truck.
RESIDENTIAL FACILITY FOR DISABLED PERSONS: A single-family or multiple-family dwelling consistent with existing zoning of the desired location, which is occupied on a twenty four (24) hour per day basis by eight (8) or fewer persons with a disability in a family type arrangement under the supervision of a house family or manager, and that conforms to all applicable standards and requirements of the department of social services, and is operated by or operated under contract with that department.
RESIDENTIAL FACILITY FOR ELDERLY PERSONS: A single-family or multi-family dwelling consistent with existing zoning of the desired location, which is occupied on a twenty four (24) hour per day basis by elderly persons and which meets the requirements of this title.
ROAD, PRIVATE: A thoroughfare held in private ownership and controlled, serviced and maintained by one or more private persons, firms or corporations and used or held for use primarily as a means of access to adjoining property.
SCREEN: A wall, partition, fence or hedge for separation of one land use from another.
SCREENING: The method by which a view of one site from another adjacent site is shielded, concealed or hidden. Screening techniques include fences, walls, hedges, berms or other features.
SECONDARY STREET: Any thoroughfare which is not a primary street, but which exists or is intended for through traffic carrying purposes and which is shown as such thoroughfare on an official plan of the City or on any proposed street plan of a proposed subdivision filed with the City, but which is not less than sixty feet (60') in width between property lines.
SECONDARY USE: A use and/or structure, in addition to the main/primary use, and located on the same lot or parcel of land as the main/principal use, but which is incidental or subsidiary to the primary use.
SENIOR CITIZEN: See definition of elderly person.
SERVICE ACCESSORY USE: A use of a dwelling and its associated lot in conjunction with a business that is clearly incidental and secondary to the use of the dwelling for dwelling purposes. The accessory uses of the land are in a location, of a size and screened so as to create minimal adverse impact on current and future land uses of adjoining property. Any motorized equipment or vehicles stored on the lot shall be in operable order. At no time will junked or inoperable equipment or vehicles be allowed.
SERVICE BUILDING: A substantial permanent building providing toilet facilities for men and women, and laundry facilities for use in common by the occupants of a mobile home park.
SETBACK: The shortest horizontal distance between the boundary line of the lot and the building or structure, or part thereof.
SIGN: Any device for visual communication to the general public to be viewed from out of doors, but not including any flag, badge or ensign of any government or governmental agency.
SIGN, ANIMATED: A sign which involves motion or rotation of any part by mechanical or artificial means or displaying flashing or intermittent lights.
SIGN AREA: The area of a sign that is used for display purposes, including the minimum frame and supports. In computing sign area, only one side of back to back signs covering the same subject shall be computed when signs are parallel or diverge from a common edge by an angle of not more than forty five degrees (45°). In relation to signs that do not have a frame or separate background, sign area shall be computed on the basis of the least rectangle, triangle or circle large enough to frame the display.
SIGNS, CLASSIFICATIONS OF: The classifications of signs shall be deemed to include all signs permitted in each zone. If for any reason the classification of any sign is not readily determinable, the classification of such sign shall be determined by the Zoning Administrator or building inspector. The specifications and conditions of each class are listed in chapter 17 of this title. The class for each zone is as follows:
A. For RE20, RE50, RMH, RE20 R/R and AG Zones:
1. Class 1 signs.
2. For home based businesses or service accessory uses allowed by conditional use permit, Class 2 signs will be allowed in addition to Class 1 signs.
3. For public and institutional uses as allowed by conditional use permit, Class 3 signs will be allowed in addition to Class 1 signs.
B. For C1 Zone:
1. Class 4 signs.
2. Class 5 signs will be allowed by conditional use permit.
C. For C2 Zone, Class 4 shall be permitted.
SIGNS, LIGHTED TYPE: A categorical rating given to a sign according to the type of illumination that it is permitted to have as follows:
A. Direct: An illuminated sign, the light source of which is a visible part of the sign or which projects light upon the sign.
B. Indirect: An illuminated sign, the light source of which is not visible from any angle but which is incorporated in the structure of the sign.
SIGNS, STRUCTURAL TYPE: A categorical rating given to a sign according to its structure as follows:
Billboard: Any sign designated or used for the posting of bills or temporary messages.
Flat: A sign erected parallel to and attached to or painted on or pasted on the outside wall of a building and projecting not more than eighteen inches (18") from such wall.
Ground: A sign placed upon the ground or supported by a frame or multiple supports placed in or upon the ground and which has less than four feet (4') clearance between the sign and the ground.
Pole: A sign which is attached to or supported by one or more poles, or a pilaster or similar structure which is supported by the ground, including any such sign which also rests on or overlaps the roof of a building twelve inches (12") or less.
Projecting: A sign attached to a building and extending in whole or in part more than eighteen inches (18") beyond any wall of the building without the aid of any other vertical supports, including any such sign that also rests on or overlaps the roof twelve inches (12") or more.
Roof: A sign erected partially or wholly on or over the roof of a building, but not including pole or projecting signs that rest on or overlap a roof twelve inches (12") or less.
Temporary: Shall include any sign, banner, pennant, valance or advertising display constructed of cloth, canvas, light fabric, cardboard, wallboard or any other light materials, with or without frames, intended to be displayed for a short period of time only.
Window: A sign erected in, attached to, painted on, or pasted on, a window.
SIGNS, TYPE OF: A categorical rating given to a sign according to its type of written message as follows:
Advertising: A sign which directs attention to a use, product, commodity or service, not related to the premises.
Business: A sign which directs attention to a use conducted, commodity sold or service performed upon the premises.
Identification: A sign displayed to indicate the name or nature of buildings or use, including home based businesses, but not commercial or industrial uses located upon the premises.
Political: A sign displayed to inform the public of a candidate running for public office or an issue to be decided in a legal election by public vote.
Property: A sign related to the property upon which it is located and offering such property for sale or lease, or advertising completed improvement, or announcing the name of the builder, owner, designer or developer of the project, or warning against trespassing.
Service: A sign which is incidental to a use lawfully occupying the property upon which the sign is located and which sign is necessary to provide information to the public, such as direction to parking lot, location of restrooms, sale of agriculture products produced upon the premises, and which may bear as an incidental part of the sign the name, address or trademark of persons furnishing such sign to the owner of the premises or such other pertinent facts.
Temporary Subdivision: A sign advertising lots in a subdivision displayed for a specific period of time as indicated by permit, not to exceed two (2) years or the time when all lots or units are sold, whichever comes first. No sign permit shall be issued until final plat approval is given by the planning commission.
SITE PLAN: A document or group of documents, prepared to scale, showing accurately and with complete dimensioning, the boundaries of a site and the location of all buildings, structures, uses and primary site development features proposed for a specific parcel of land, including, but not limited to, text, photographs, sketches, drawings, maps and other materials intended to present certain elements of the proposed development, including, but not limited to, physical design, siting of buildings and structures, interior vehicular and pedestrian access, the provision of improvements and the interrelationship of these elements.
SLOPE: The level of inclination of land from the horizontal determined by dividing the horizontal run of the slope into the vertical rise of the same slope and converting the resulting figure into a percentage value.
SOLID WASTE: Any household garbage, refuse, sludge from a waste treatment plant, water supply treatment plant or air pollution control facility, and other discarded material, including solid, liquid, semisolid or contained gaseous material.
STABLE: An accessory or main building for the keeping of horses or cattle.
STABLE, PRIVATE: A horse stable which is accessory to a dwelling or other main building, as allowed or conditioned under individual zoning districts, for the use of the owner/occupant, his friends and guests. Not for the purpose of remuneration, hire or sale, or any other commercial use. Use by an ad hoc informal association or group for the purpose of circumventing this limitation shall not be considered a private stable.
STABLE, PUBLIC: A main or primary building for the keeping of horses for rent, lease, sale or boarding for remuneration by the general public.
STANDARD: A standard adopted by the American National Standards Institute or the National Fire Protection Association, for recreational vehicles, and for mobile homes manufactured prior to June 18, 1978. For manufactured homes built after June 16, 1976, "standard" means the standard adopted pursuant to the national manufactured housing construction and safety standards act of 1974, and as amended from time to time.
STEEP SLOPE: Slopes greater than fifteen percent (15%).
STORY: The 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.
STORY, 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 directly below it.
STREET, COLLECTOR: See definition of Collector Streets.
STREET, PRIVATE: See definition of Road, Private.
STREET, PUBLIC:
A. An open way, space and/or thoroughfare, fifty feet (50') or more in width, provided or dedicated and/or accepted by Uintah City or the state of Utah, for public use.
B. Any street which has been dedicated as a part of the filing of a subdivision plat or as otherwise provided by law, and the required improvements of which have been assured as required.
C. Any way open to the public which has all of the following characteristics:
1. A thoroughfare for public use, designated primarily for vehicular traffic;
2. The principal means of access to abutting properties;
3. For the installation of public utilities, service lines and/or pipes;
4. Drainage facilities and other public works and appurtenances for the convenience and welfare of the public generally; and
5. The roadway of which has been stabilized and maintained by a proper public authority or has been otherwise improved according to the accepted street construction standards of the city.
D. Where a public thoroughfare existed prior to the adoption of this title, which fulfills all of the requirements in subsection C of this definition, except for the required width, said thoroughfare may be classified as a public street for the purposes of establishing building lots fronting thereon; provided, that the depth of that portion of each intended building lot needed to complete the required width for a public street, as determined by the zoning administrator and the city engineer, is dedicated to public use.
E. Any street or highway which is owned by Uintah City, the state of Utah or another public authority, but which is not open to the public, shall not be construed to be a public street.
STORM SEWER: A system of conveyances for stormwater runoff, snowmelt runoff and surface runoff and drainage. It includes roadway drainage systems, streets, catch basins, stormwater inlets, curbs, gutters, ditches, swales, dug channels and storm drains.
STORMWATER: Stormwater runoff, snowmelt runoff and surface runoff and drainage.
STORMWATER CATCH BASINS: Stormwater facilities include, but are not limited to, pipes, swales, ditches, open channels, culverts, storage basins, infiltration devices, catch basins, manholes, dry wells, oil/water separators and sediment basins.
STRUCTURAL ALTERATIONS: Any change in the supporting members of a building, such as bearing walls, columns, beams or girders.
STRUCTURAL TYPE SIGNS: See definition of Signs, Structural Type.
STRUCTURE: That which is framed, erected, constructed or placed upon the ground, but not including fences which are six feet (6') or less in height.
TEMPORARY ENCLOSURE: Any movable, tentlike shelter intended to provide or actually providing protection from the elements for stored materials, vehicles or other items, for which a building permit is not required. This would include temporary garages of tentlike construction, as well as tarpaulins of plastic or similar type materials supported by wooden or metal frameworks. Such temporary enclosures are to be considered structures under this title, and as such, are governed by the same setback requirements as other structures under this title. Tents set up for special occasions, screen houses and other such seasonal, recreational enclosures are specifically exempted from this definition unless used for storage as listed above.
TEMPORARY EXCEPTIONS: The granting of an exception from any term or condition of this title. Temporary exceptions may be granted because of unusual circumstances, including emergency, natural catastrophe or act of God; provided, that the health, safety, convenience, order and welfare of the inhabitants of Uintah City will not be materially affected.
TEMPORARY USE: A prospective use, intended for limited duration, to be located in a zoning district not permitting such use, and not continuing a nonconforming use or building.
TENTS: A shelter of canvas or similar materials supported by poles and/or fastened by cords or pegs driven into the ground, and shall not include those types of tents used solely for children's recreational purposes. Tents are generally used for camping or personal use.
TOWER: A tall, rigid structure whose height is significantly greater than its base perimeter and the height of surrounding structures. It does not include single pole CB, amateur radio or land mobile radio antennas or towers for the same if less than seventy five feet (75') in height.
TRAVEL TRAILER: A vehicular portable structure, mounted on wheels, not more than eight feet (8') wide and thirty five feet (35') long, which is designed for extended highway travel, to be pulled by a private vehicle which requires no special permit for the same and intended for vacation and recreational purposes only; or a camp car, a motor home, or a tent trailer, with or without motive power, and identified as a recreational vehicle by the manufacturer.
UKC (DOGS): United Kennel Club, the second oldest and second largest all breed dog registry in the United States.
USE, ACCESSORY: See definition of Accessory Use.
USE, CONDITIONAL: See definition of Conditional Use.
USE, MAIN: See definition of Main Use.
USE, PERMITTED: See definition of Permitted Use.
USE, SECONDARY: See definition of Secondary Use.
VARIANCE: A relaxation, by the appeal authority, of the dimensional regulations of this title pursuant to chapter 5 of this title.
VEHICLE TRAVEL LANE: All roads, driveways and parking areas within a mobile home park.
WASTEWATER: Water discharged after it has been used in some beneficial way, and which the user intends to dispose of in some manner.
WATERCOURSE: Any natural or manmade stream, river, creek, channel, ditch, canal, conduit, culvert, drain, waterway, gully, ravine, street, roadway, swale or wash in which water flows in a definite direction, either continuously or intermittently, and which has a definite channel, bed or bank.
YARD: An open space or lot, other than a court, unoccupied and unobstructed from the ground upward by permanently parked vehicles, buildings or structures, except as otherwise provided herein.
YARD, FRONT: A yard, the depth of which is the minimum required horizontal distance between the front lot line and the front yard setback line, which yard extends across the full width of the lot. For a corner lot, the front yard is the yard designated by the owner or applicant.
YARD, FRONT DEPTH: The depth of the front yard shall be the minimum distance between the nearest part of the front lot line and nearest part of the front line of the building.
YARD, REAR CORNER: An open, unoccupied space on the same lot with a building, between the rear line of the main building and the rear lot line, and extending from the side property line abutting an interior lot to the corner side yard.
YARD, REAR DEPTH: The depth of the rear yard shall be the minimum distance between the nearest part of the rear lot line and nearest part of the rear line of the building.
YARD, REAR INTERIOR: An open, unoccupied space on the same lot with a building, between the rear line of the main 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 nearest part of the rear lot line and the nearest part of the rear line of the main building. On the lots that are other than rectangular in shape, the required minimum rear yard may be an average of the distances measured from the rear corners of a dwelling to the nearest point of the rear lot line, however the shortest distances used in determining the average may be not less than fifteen feet (15').
YARD, REQUIRED: The minimum open space as specified by the regulations of this title for front, rear, side and street side, as distinguished from any yard area in excess of the minimum required.
YARD, SETBACK: The minimum distance for the depth width of a yard required by this title for the zone in which the lot or parcel is located.
YARD, SIDE: A yard on the same lot with a building, between the side lot line and the side setback line and extending from the front yard to the rear yard.
YARD, SIDE CORNER: An open unoccupied space on the same lot with a building, between the sideline of the building facing the street, exclusive of steps, and the side lot line abutting a street and extending from the front lot line to the rear lot line. The width of the side yard shall be the minimum distance between the nearest part of the side lot line abutting the street and the nearest part of the sideline of the building facing the street.
YARD, SIDE INTERIOR: An open, unoccupied space on the same lot with a building, between the sideline of the building exclusive of steps and the side lot line abutting an interior lot and extending from the front yard to the rear yard. The width of the side yard shall be the minimum distance between the nearest part of the side lot line and the nearest part of the sideline of the building.
YARD, SIDE WIDTH: The width of the side yard shall be the minimum distance between the nearest part of the side lot line and nearest part of the sideline of the building.
ZONE: A district classification established by this title which limits or permits various and specific uses.
ZONING: A police power measure, enacted primarily by units of local government, in which the community is divided into zones within which permitted and special uses are established, as are regulations governing lot size, building bulk, placement and other development standards. Requirements vary from zone to zone but they must be uniform within zones. This title consists of two (2) parts, which are the text and a map.
ZONING ADMINISTRATOR: An appointed official in charge of carrying out the municipal policy as determined by the Planning Commission and also empowered to make decisions, as stated in a Municipality's zoning ordinance. The Administrator acts to enforce the zoning law.
ZONING CLEARANCE: The approval by the building inspector of a plan that is in conformance with this title.
ZONING DISTRICT OR ZONE: A zone area in which the same zoning regulations apply throughout the district.
ZONING MAP: The officially adopted zoning map of the Municipality, specifying the uses permitted within certain areas. (Ord. 172-04, 3-2-2004; amd. Ord. 176-04, 6-15-2004; 2013 Code; Ord. 232-16, 4-5-2016; Ord. 241-17, 12-5-2017; Ord. 271-22, 7-5-2022; Ord. 276-23, 4-18-2023)