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Brighton City Zoning Code

19.04 DEFINITIONS

19.04.010 DEFINITIONS AND INTERPRETATION OF LANGUAGE

For the purpose of Titles 18 and 19 of this Ordinance, certain words and terms are defined as set out in this Chapter. Words used in the present tense include the future; words in the singular number include the plural and the plural the singular, and words included herein but defined in the building code shall be construed as defined therein.

HISTORY
Adopted by Ord. 2021-04-02 on 5/5/2021
Adopted by Ord. 2024-O-5-1 on 5/14/2024

19.04.020 GENERAL DEFINITIONS

General terms used in Title 19 are defined as follows:

  1. “Affected Entity” means the same as defined in Utah Code 10-9a-103 (3).
  2. “Agent” means a person with written authorization to represent a property owner.
  3. “Appeal Authority” means the same as “Land Use Hearing Officer.”
  4. “Bench Mark” means a mark affixed to a permanent or semi-permanent object along a line of survey to furnish a datum level.
  5. “Boundary Line Agreement” means an agreement to establish the location of a boundary between adjoining properties where the location of the boundary is ambiguous, uncertain, or disputed.
  6. “Breezeway” means a covered attachment between a detached structure and a main dwelling that is not a structural continuation of main dwelling roof. May include enclosed hallways or covered walkways. Use of a breezeway does not change the status of the detached structure or make it part of a main dwelling.
  7. “Buffer” means an area along the course of any watercourse or roadway or boundary line to be maintained without the disturbance of buildings or structures other than fencing, if allowed.
  8. “Concept Plat / Drawing” means a drawing that shows the overall concept of a proposed development, as further defined in these regulations.
  9. "Conditional Use" means a land use that has unique characteristics or negative effects that may not be compatible in an area without conditions to mitigate or eliminate the detrimental impacts. A land use listed as a conditional use is a use of land for which a conditional use permit is required pursuant to this Title.
  10. “Conservation Easement” means an easement that perpetually prohibits further development or use inconsistent with, or harmful to, the enhancement, preservation, and protection of a defined area for the benefit of fish, wildlife, plants, or other similar ecosystems, or preserves such areas predominantly in their natural scenic or open condition; but which may, in the sole discretion of the conservation easement holder, permit recreational and/or agricultural uses which do not involve significant alteration or development of the restricted area in a manner which is inconsistent with, or harmful to, the preservation and protection of the restricted area.
  11. “Council” means the Brighton Town council, unless otherwise clearly indicated.
  12. “Culinary Water Authority” means the department, agency, or public entity with the responsibility to review and approve the feasibility of the culinary water system and sources for the subject property.
  13. "Development" means any man-made change to improved or unimproved real estate, including but not limited to buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations.
  14. “Development Code” means Titles 18 and 19 of the Municipal Code.
  15. “Development Review Committee (DRC)” means Planning and Development Services Staff, in consultation with agencies contracted with the municipality for engineering, health, fire, and surveying reviews and services. Comments from affected entities, other service providers or other reviewing agencies may also be solicited as needed.
  16. "Director" means the Greater Salt Lake Municipal Services District Director of Planning and Development Services.
  17. “Disability” means a physical or mental impairment that substantially limits one or more of a person's major life activities, including a person having a record of such an impairment or being regarded as having such an impairment. "Disability" does not include current illegal use of, or addiction to, any federally controlled substance, as defined in Section 102 of the Controlled Substances Act, 21 U.S.C. 802.
  18. "Dwelling" means any building or structure, or portion thereof, intended for residential use.
  19. "Dwelling Unit (d.u.)” means one or more rooms physically arranged so as to create an independent housekeeping establishment for occupancy by one family with separate toilets and facilities for cooking and sleeping. Buildings with more than one (1) kitchen or set of cooking facilities are considered to contain more than one (1) dwelling unit. “Kitchen” means a room or area designed to be used for food preparation and cooking which contains at a least: one (1) sink, one (1) hard surface for food preparation, and one (1) oven/cooktop stove and/or electrical or gas hookups to accommodate such.
  20. "Easement" means the quantity of land set aside or over which a liberty, privilege or advantage in land without profit, existing distinct from the ownership of the land, is granted to the public or some particular person or part of the public.
  21. "Facility Company" means a company not regulated by the public service commission that provides a service including but not limited to cable television or telecommunications.
  22. “Family” means one of the following groups of individuals, but not more than one group at the same time:
    1. An individual living alone; or
    2. Two (2) or more people, all of whom are related to one designated occupant of the dwelling by blood, marriage, adoption, or legal guardianship and their foster children, and up to two (2) other unrelated persons who do not pay rent; or
    3. Up to four (4) related or unrelated individuals who live and cook together as a single housekeeping unit; or
    4. Two (2) unrelated individuals and any children of either of them living as a single housekeeping unit.
  23. "Good Cause" means incapacitating illness; death; lack of proper notice; unavailability due to unavoidable, unpreventable, or extenuating emergency or circumstance; if a required act causes an imminent and irreparable injury; or acts of nature adverse to performing required acts.
  24. “Grading Plan” means a plan that shows all finish grades, spot elevations, drainage as necessary and existing and new contours.
  25. "Graffiti" means inscriptions, drawings, paintings, or other visual defacing of buildings, structures, or natural features, without the consent of the owner thereof, and which is not otherwise authorized and permitted in municipal ordinances.
  26. “Gross Square Feet” means the sum of all areas on all floors of any building(s). Gross square footage shall include any detached and attached garages, other accessory structures, and finished and unfinished basements.
  27. “Ground Cover” means material planted in such a way as to form a continuous cover over the ground that can be maintained at a height not more than twelve inches (12”). 
  28. “Guest” means a person paying for staying or receiving services at a bed and breakfast, hotel, motel, resort, or similar facility.
  29. "Guestroom" means a room that is designed for double occupancy by guests, for sleeping purposes.
  30. “Hardscape” means patios, decks and paths. Does not include driveways.
  31. “Health Department” means the Health Department of Salt Lake County, Utah.
  32. “Inoperable Vehicle” means a vehicle that is not currently registered or licensed in the State of Utah or in another state, or which has been dismantled or wrecked to the point of being non-drivable.
  33. “Land Trust” means a private non-stock, non-profit corporation that has as its purpose the preservation.
  34. “Land Use Application” means an application required by the zoning or subdivision ordinances.
  35. “Land Use Authority” means the person, board, commission, agency, or other body designated by the Council to act upon a land use application.
  36. “Land Use Decision” means any final decision of the Planning Commission, or final administrative decision of the Director or other official responsible for the enforcement of zoning and subdivision regulations.
  37. “Land Use Hearing Officer” means the “Appeal Authority” created pursuant to Utah Code §10-9a.701 to hear appeals to zoning decisions applying to the zoning ordinance as provided in Section 19.16.020 and for decisions by the Planning Commission. The Land Use Hearing Officer is also the appeal authority for subdivision appeals subject to Section 18.08.040 of this Ordinance. The Land Use Hearing Officer is also charged with the powers and duties enumerated in Section 19.12.040.C.
  38. “Landscaping” means any combination of living plants, such as native trees, shrubs, vines, ground covers, annuals, perennials, ornamental grass, or seeding; natural features such as rock, stone, or bark chips; and structural features, including but not limited to, fountains, reflecting pools, outdoor artwork, screen walls, fences or benches. 
  39. “Lot of Record” See definition of “Lot” in section 19.04.030.
  40. “Local Jurisdiction” means the Town of Brighton.
  41. “Membrane Covered Frame Structure” means a non-pressurized building wherein the structure is composed of a rigid framework to support a tensioned membrane that provides the weather barrier.
  42. "Minor Local Street" means a street, existing or proposed, often of limited continuity, the primary purpose of which is to provide access to property and serve the local needs of a neighborhood. A minor local street carries low volumes of traffic at the lowest speed limits.
  43. “Monument” means a permanent survey marker established by the Salt Lake County Surveyor and/or a survey marker set in accordance with the Salt Lake County Surveyor’s specifications and referenced to Salt Lake County survey monuments.
  44. "Municipal Engineering Division" means the division or personnel hired by or contracted with the municipality to provide engineering services.
  45. "Municipal Flood Control Division" means the division or personnel hired by or contracted with the municipality to provide flood control and water quality services.
  46. “Municipal Geologist” means the personnel hired by or contracted with the municipality to provide geologic hazard review and geology services.
  47. “Natural Condition” means the topography and vegetation of the area that is unaltered by clearing and grading during construction and protected in perpetuity.
  48. “Natural Waterways” means those areas varying in width along streams, creeks, gullies, springs, or washes which are natural drainage channels, as determined by the building inspector, and in which areas no building shall be constructed.
  49. “Net developable acre” is defined as land with all of the following: 
    1. An average slope less than thirty percent (30%). 
    2. Soils of a suitable depth and type based on soil exploration and percolation tests in accordance with the regulations of the Utah Department of Environmental Quality in order to ensure against adverse impacts on surface and groundwater quality. 
    3. Minimum distance from any stream corridor as defined in this Chapter. 
    4. Free from any identified natural hazards such as flood, avalanche, landslide, high water table and similar features. (See Chapter 19.56 (Floodplain Hazard Regulations) and Section 19.38.120 (Natural Hazards). 
  50. "Noncomplying Structure" means a structure that: (a) legally existed before the structure's current land use designation; and (b) because of one or more subsequent land use ordinance changes, does not conform to the setback, height restrictions, or other regulations, excluding those regulations, which govern the use of land. 
  51. "Nonconforming Use" means a use of land that: (a) legally existed before its current land use designation; (b) has been maintained continuously since the time the land use ordinance governing the land changed; and (c) because of one or more subsequent land use ordinance changes, does not conform to the regulations that now govern the use of the land.
  52. “Nonconforming Lot” means a legally established lot or parcel that met the applicable area, width, and other applicable requirements in effect at the time the lot or parcel was created, but which fails by reason of such adoption, revision, or amendment of the zoning ordinance, to conform to the present requirements of the zone in which it is located.
  53. "Owner" includes the plural as well as the singular, and may mean either a natural person, firm, association, partnership, private corporation, public or quasi-public corporation, or any combination thereof having a majority fee simple interest in real property, or a majority interest through any other form of ownership.
  54. "Parcel of Land" means a contiguous quantity of land, in the possession of, or owned by, or recorded as the property of, the same claimant or person.
  55. “Permitted Use” means any use allowed in a zoning district and subject to the restrictions applicable to that zoning district.
  56. “Planning and Development Services” means the Planning and Development Services Department of the Greater Salt Lake Municipal Services District.
  57. "Planning Commission" means the Town of Brighton Planning Commission.
  58. "Primary Dwelling" means a single-family dwelling that is detached and is occupied as the primary residence of the owner of record.
  59. “Provisional Parking” means an area or areas within a parking lot where parking spaces which are shown on the approved parking plan are landscaped rather than paved.
  60. “Residential Zone” means any forestry zone or any zone that permits single-family residential uses.
  61. “Right-of-way” means any recognized (recorded, platted, prescriptive, or other) shared vehicular accessway that extends along either private or public property for the purpose of accessing multiple properties.
  62. “Road” can be used interchangeably with the word street.
  63. “Record of Survey Map” means a map of a survey of land prepared in accordance with Utah Code.
  64. “Sanitary Sewer Authority” means the department, agency, or public entity with responsibility to review and approve the feasibility of sanitary sewer services or onsite wastewater systems.
  65. “Second Kitchen” means an additional kitchen with typical appliances and surfaces including a range and/or the 220v or gas hookups for a range. Second kitchens are only permitted as a part of an Interior Accessory Dwelling Unit. A wet bar without the range or hookups is not considered a kitchen so long as it is clearly accessory to a dwelling unit as determined by the development services director. Factors for determining whether cooking facilities that are not considered a “second kitchen” as defined above are accessory to a dwelling unit and may include but are not limited to:
    1. A building design which allows all occupants ready access to all portions of the building including cooking facilities;
    2. No portion of the building containing cooking facilities can be separated from the remaining rooms to form a separate dwelling unit;
  66. “Standards and Specifications” means the construction and design requirements and standards of the municipality for the construction and installation of public infrastructure and improvements. The documents shall be approved by the Municipal Engineer and approved by Resolution of the Council.
  67. "Start of Construction" includes substantial improvement, and means the date the building permit was issued, provided the actual start of construction, repair, reconstruction, placement, or other improvement was within one hundred eighty days of the permit date. The actual start means either the first placement of permanent construction of a structure on a site, such as the pouring of slabs or footings, the installation of piles, the construction of columns, or any work beyond the stage of excavation; or the placement of a manufactured home on a foundation. "Permanent construction" does not include land preparation, such as clearing, grading, and filling; nor does it include the installation of streets and/or walkways; nor does it include excavation for a basement, footings, piers, or foundations or the erection of temporary forms; nor does it include the installation on the property of accessory structures, such as garages or sheds not occupied as dwelling units or not as part of the main structure.
  68. "Street" means a thoroughfare which has been dedicated or abandoned to the public and accepted by proper public authority, or a thoroughfare, not less than twenty-five feet (25’) wide, which has been made public by right of use and which affords the principal means of access to abutting property. Street does not include alleys or trails. May sometimes be referred to as road.
  69. “Street, Private” means an access way, other than a driveway, similar to and having substantially the same or similar function as a public street, providing access to one or more properties, but held in private ownership.
  70. "Street Light" means a raised light installed within or adjacent to the street right-of-way, turned on or lit at a certain time every night. Modern lamps may also have light-sensitive photocells to turn them on at dusk and off at sunrise or activate automatically in foul weather.
  71. "Structure" means anything constructed or erected which requires location on the ground, or attached to something having a location on the ground.
  72. "Structural Alterations" means any change in supporting members of a building or structure, such as bearing walls, columns, beams, or girders.
  73. "Subdivision" means any land that is divided, resubdivided, or proposed to be divided into two or more lots or other division of land for the purpose, whether immediate or future, for offer, sale, lease, or development either on the installment plan or upon any and all other plans, terms, and conditions.
    1. "Subdivision" includes:
      1. The division or development of land, whether by deed, metes and bounds description, devise and testacy, map, plat, or other recorded instrument, regardless of whether the division includes all or a portion of a parcel or lot; and
      2. Except as provided in Subsection B, divisions of land for residential and nonresidential uses, including land used or to be used for commercial purposes.
    2. "Subdivision" does not include:
      1. A bona fide division or partition of agricultural land for the purpose of joining one of the resulting separate parcels to a contiguous parcel of unsubdivided agricultural land, if neither the resulting combined parcel nor the parcel remaining from the division or partition violates an applicable land use ordinance;
      2. A boundary line agreement recorded with the county recorder's office between owners of adjoining parcels adjusting the mutual boundary in accordance with § 10-9a-524 if no new parcel is created;
      3. A recorded document, executed by the owner of record:
        1. Revising the legal descriptions of multiple parcels into one legal description encompassing all such parcels; or
        2. Joining a lot to a parcel;
        3. A boundary line agreement between owners of adjoining subdivided properties adjusting the mutual lot line boundary in accordance with Utah Code Annotated, § 10-9a-524 and § 10-9a-608, if:
          1. No new dwelling lot or housing unit will result from the adjustment; and
          2. The adjustment will not violate any applicable land use ordinance;
        4. A bona fide division of land by deed or other instrument if the deed or other instrument states in writing that the division:
          1. Is in anticipation of future land use approvals on the parcel or parcels;
          2. Does not confer any land use approvals; and
          3. Has not been approved by the land use authority;
          4. A parcel boundary adjustment;
          5. A lot line adjustment;
          6. A road, street, or highway dedication plat;
          7. A deed or easement for a road, street, or highway purpose; or
          8. Any other division of land authorized by law.
  74. "Subdivision Amendment" means an amendment to a recorded subdivision in accordance with Utah Code Annotated, §10-9a-608, that:
    1. Vacates all or a portion of the subdivision;
    2. Alters the outside boundary of the subdivision;
    3. Changes the number of lots within the subdivision;
    4. Alters a public right-of-way, a public easement, or public infrastructure within the subdivision; or
    5. Alters a common area or other common amenity within the subdivision.
  75. “Subject Property” means the land area for which an approval is required to comply with this Ordinance.
  76. "Substantial improvement" means:
    1. Any repair, reconstruction, or improvement of a structure, the cost of which equals or exceeds fifty percent (50%) of the market value of the structure, either:
      1. Before the improvement or repair is started; or
      2. If the structure is damaged and is being restored, before the damage occurred.
    2. For the purpose of this definition, "substantial improvement" is considered to occur when the first alteration of any wall, ceiling, floor, or other structural part of the building commences, whether or not that alteration affects the external dimensions of the structure.
    3. The term does not, however, include either:
      1. Any project for improvement of a structure to comply with existing state or local health, sanitary, or safety code specifications which are solely necessary to assure safe living conditions; or
      2. Any alteration of a structure listed on the National Register of Historic Places or a State Inventory of Historic Places.
  77. "Trails" means a system of public recreational pathways located within the municipality for use by the public for walking, biking and/or horseback riding as designated.
  78. "Utility Company" means a company regulated by the public service commission that provides a service including but not limited to electricity, telephone, or gas.
  79. “Utilities or Improvements” means all types of necessary utilities such as gas lines, culinary and secondary water lines, storm drainage systems, sanitary sewer systems, electrical power, cable, and telephone with all poles, wires, pipes, and structures as necessary to provide services, and surface improvements such sidewalks, curbs, gutters, and streets.
  80. “Vehicle” means a self-propelled device used for transporting persons or things, including, but not limited to, automobiles, watercraft, motorcycles, snowmobiles, and recreation vehicles. Does not include heavy machinery.
  81. "Vehicle, Commercial" means any motorized vehicle or trailer used for or intended for business use - including but not limited to the transportation of commercial equipment, merchandise, produce, freight, commodities, passengers, or animals - and which is characterized by any of the following:
    1. Heavy equipment, such as earth movers, backhoes, cranes, forklifts, bulldozers, and the like, which are commonly used for construction, excavation, demolition, or lifting;
    2. Vehicles used to haul equipment or materials, such as dump trucks, tanker trucks, semi-tractors, semi-trailers, cement trucks, or other similar vehicles;
    3. Pickup trucks over one ton with a commercial modification, such as a flat bed, a dumping mechanism, mechanical lifts or arms for loading and unloading materials/equipment, aerial buckets or platforms, or other similar feature;
    4. Vehicles with more than two axles; or
    5. Vehicles with a payload capacity of more than eight thousand five hundred (8,500) pounds.
HISTORY
Amended by Ord. 2021-04-02 on 5/5/2021
Amended by Ord. 2025-O-5-1 on 5/16/2025

19.04.030 GENERAL SITE STANDARD DEFINTIONS

Site Development terms used in Title 19 are defined as follows:

“Active Recreation” means activities that involve inactive or less energetic activities often performed by leisurely walking or conducting small group gatherings that do not require physical activity.

“Arterial Street” means a street, existing or proposed, which serves or is intended to serve as a major traffic way and which is designated on the UDOT Functional Classification Map as a controlled-access highway, limited-access road, major street, parkway, or by equivalent terms suitable to identify streets comprising the basic structure of the street plan.

“All Weather Surface” means a surface composed of gravel, stone, macadam, or other approved pervious material, with sufficient depth and compaction to permit vehicular traffic in extremely inclement weather.

"Alley" means a public or private way that affords a secondary means of access to abutting property.

"Basement" means any floor level below the first story in a building, except that a floor level in a building having only one-floor level shall be classified as a basement unless such floor level qualifies as a first story.

“Base Density” means the original density permitted under the property’s zoning category, in dwelling units per acre.

“Buildable Area” means a lot or portion thereof possessing all of the following physical characteristics:

  1. The area contains no territory having a slope of thirty percent (30%) or greater;
  2. The area contains no territory which is located in any identified floodplain or within any recognized inundation zone, mudflow zone or zone of deformation, or lands subject to earth slippage, landslide, or rockfall
  3. The engineering properties of the soil provide adequate structural support for the intended use; and
  4. The area does not possess any other recognized natural condition which renders it unsafe for building purposes.

"Building" means any structure having a roof supported by columns or walls, for the housing or enclosure of persons, animals, or chattels.

“Building Alteration” means any act or process that changes the architectural detail, function, or structural design of a building, including but not limited to the erection, construction, reconstruction, or removal of any building.

  1. Uncovered decks, porches, patios, terraces, and stairways all less than thirty inches high; and
  2. The outer four feet (4’) of completely open, uncovered, cantilevered balconies having a minimum of eight feet (8’) of vertical clearance below.

“Building Envelope” means the building pad, building footprint, and height restrictions, which define the maximum building area in which all development must occur. The building envelope is the area that remains for placing a structure on a site after building line, setback, side yard, height and bulk regulations are observed.

“Building Facade” means the exterior of a building located above ground and generally visible from public points of view.

“Building Footprint” means the total area of the foundation of a structure, or the furthest exterior wall or supporting column of the structure. Decks, porches, patios, stairways, terraces, planter boxes and balconies that are both uncovered and less than thirty inches (30”) tall, measured from the finished grade are not part of the building footprint.

“Building Height” means the vertical distance above the lowest original ground surface at any point on the perimeter of the building to the highest point of the coping of a flat roof, or to the deck line of a mansard roof, or to a level midway between the level of the eaves and the highest point of pitched or hipped roofs, or to a level two-thirds of the distance from the level of the eaves to the highest point of gambrel roof.. For purposes of measuring height, the "level of the eaves" means the highest level where the plane of the roof intersects the plane of the outside wall on any side containing an eave.

  1. Buildings may be stepped to accommodate the slope of the terrain provided that each step shall be at least twelve feet (12’) in horizontal dimension. The height of each stepped building segment shall be measured separately.
  2. Original ground surface shall be the elevation of the ground surface in its natural state before any manmade alterations including but not limited to grading, excavation or filling, excluding improvements required by zoning or subdivision ordinances. When the elevation of the original ground surface is not readily apparent because of previous manmade alterations, the elevation of the original grade shall be determined by the development services division using the best information available. The elevation shall be determined using a certified topography survey with a maximum contour interval of two feet (2’).

“Building Street Frontage” means the portion of the building directly fronting or adjacent to the street. Building Street Frontage is calculated by dividing the portion of the building at the build-to-line or within a specified distance of the build-to-line by the street frontage.

“Build-to-Line” means the maximum distance a building may be setback from a property line or other designated location. The purpose of a build-to-line is to bring structures adjacent to streets and sidewalks or pedestrian paths to encourage pedestrian activity.

"Collector Street" means a street which carries traffic from local streets to the Arterial Street system, including the principal entrance streets of residence development and the primary circulating streets within such a development. A collector street may have prohibited movements and the number and spacing of driveways may be controlled.

"Cul-de-sac" means a minor street having one open end and being terminated at the other by a vehicular turnaround.

“Dedication” means the setting aside of land by an owner for any public use for the enjoyment of the public and owned by a public agency.

"Entrance" means the location of ingress to a room, building, or lot; a location of admittance.

"Exit" means the location of egress from a room, building, or lot.

“Fence” means any tangible barrier, latticework, screen, wall, hedge, or continuous growth of shrubs or trees with the purpose of, or having the effect of, preventing passage or view across the fence line.

"Final Plat" means a plat map prepared in accordance with the provisions of this Ordinance for the purpose of subdividing property. A final plat must be based on an accurate survey, and such survey marked on the ground so that streets, alleys, blocks, lots, and other divisions thereof can be identified.

"Frontage" means the uninterrupted linear or curvilinear extent of a lot, abutting on a street, measured along the street right-of-way from the intersection of one side lot line to the intersection of the other side lot line. The measurement of lot frontage shall not include irregularities in the street line and, in the case of a corner lot, shall extend to the point of intersection of the rights-of-way. If a lot has frontage on more than one street, only the frontage on one street may be used to satisfy the minimum lot frontage.

“Grade, Finished” means the topographic elevations where the earth meets the building, upon project completion. Excluded from this definition are window wells serving basement rooms. Also referred to as "final grade".

“Grade, Natural” means the topographic elevations representing the surface of the ground prior to grading, filling, or other site alterations for a project. When natural grade is not readily apparent, an approximation of preexisting conditions using grades on adjacent sites, retaining walls, prior survey maps, etc., may be used as a reference for determining natural grade. All such grade approximations shall require the concurrence of the Director. “Grade, Natural” is also referred to as "existing grade".

“Green Space” means open space maintained in a natural, undisturbed, or revegetated condition.

“Guarantee” means a bond, escrow or irrevocable letter of credit given by the applicant (a) to ensure the proper installation of public infrastructure and improvements.

"Intensity" means the concentration of activity, such as a combination of the number of people, cars, visitors, customers, hours of operation, outdoor advertising, etc.; also, the size of buildings or structures, the most intense being higher, longer and/or wider.

"Lot" or “Lot of Record” means a parcel of land that existed, occupied or proposed to be occupied by a building or buildings, together with such yards, open spaces, lot width, and lot areas as are required by this Title, having frontage upon a street or a right-of-way approved by a Land Use Hearing Officer, or upon a right-of-way not less than twenty feet (20’) wide, as recorded in the Office of the Salt Lake County Recorder, with a separate property identification number as provided by the Office of the Salt Lake County Recorder and Office of the Salt Lake County Assessor, prior to December 17, 1952 or all land parcels that were legally created for the purposes of development pursuant to the applicable zoning and subdivision requirements and the laws of the State of Utah after the date of the first Subdivision Ordinance enactment. Except as provided in this Title, not more than one dwelling structure shall occupy one lot.

"Lot, Corner" means a lot abutting on two intersecting or intercepting streets, where the interior angle of intersection or interception does not exceed one hundred thirty-five degrees.

“Lot, Double Fronting” means a lot having frontage on two (2) streets that are parallel or nearly so or do not intersect.

"Lot, Interior" means a lot other than a corner lot.

“Lot Line Adjustment” means the relocation of the property boundary line in a subdivision between two adjoining lots with the consent of the owners of record.

“Lot Line, Front” means the front boundary line of a lot bordering the street.

“Lot Line, Rear” means a lot line that is opposite and most distant from the front lot line. In the case of an irregular-shaped lot, the rear lot line shall be that lot line that is generally parallel to and at the maximum distance from the front lot line, having a length of at least ten feet (10').

“Lot Line, Side” means any lot boundary line not a front lot line or a rear lot line.

"Lot Width" means the distance between the side lot lines measured at the required front yard setback line. For a corner lot, the lot width is the distance between one of the front lot lines and the opposite side yard line at the required front yard setback line.

"Main Building" means the principal building or one of the principal buildings upon a lot, or the building or one of the principal buildings housing a principal use upon a lot.

"Major Local Street" means a street, existing or proposed, which serves or is intended to serve to connect minor local streets with collector streets while also providing direct access to property. A major local street has more continuity for through-traffic than a minor local street.

"Marginal Access Street" means a local street, parallel and adjacent to a minor arterial or minor collector street providing access to abutting properties and protection from arterial or collector streets.

“Off Street Parking” means a site or a portion of a site, devoted to the off-street parking of vehicles, including parking spaces, aisles, access drives, and landscaped areas, and providing vehicular access to a public street.

"Organic Disposal Site" means a disposal site where settled or precipitated solid matter produced by water and sewage treatment processes is disposed of in compliance with the board of health requirements, using sanitary land-filling techniques, in a manner that does not create a nuisance or health hazard, that protects the environment, and will not cause a pollution source of water, air, etc.

“Open Space” means an area of land or water set aside to be preserved or reserved for use by residents of the development. An expanse of lawn, trees, plants, or other natural areas. Any landscaped area of the site including: required yards, setbacks, walkways, and limited common areas. It does not include parking, driveways, or buildings with habitable space for primary uses, but may include buildings for the purpose of providing an amenity. Open space may be distributed throughout the development and need not be in a single large area.

Open space may include sensitive areas, such as areas with thirty percent (30%) or greater slope, fault zones, floodplains, high water tables, and wetlands if they have been designed as an integral element of the project. Any additional amenity that is located on the roof of a building shall not be considered open space.

"Parking Lot" means an open area, other than a street, used for parking of more than four automobiles and available for public use, whether free, for compensation, or as an accommodation for clients or customers.

"Parking Space" means space within a building, lot, or parking lot for the parking or storage of one automobile.

“Passive Recreation” means activities that involve inactive or less energetic activities often performed by leisurely walking or conducting small group gatherings that do not require physical activity.

"Preliminary Approval" means an approval, with or without recommended alterations, given to a preliminary plat by the Planning Commission and provides the necessary authority to proceed with the preparation and presentation of the final plat.

"Preliminary Plat" means a map or plan of a proposed land division or subdivision. A drawing that shows the perimeter boundary, topography, lot layout arrangement, street layout, and other features of a proposed subdivision, as specified for a preliminary plat in the Ordinance.

“Public Utility Easement” An area on a recorded plat map or other recorded document that is dedicated to the use and installation of public utility lines, mains, services, and minor facilities.

“Setback” means a distance from a curb, property line, or structure within which building is prohibited.

“Side Yard, Corner Lot” means a side lot line that abuts a street.

“Side Yard, Interior Lot” means a side lot line that abuts a side or rear lot line of another lot.

“Stealth Design” means the use of alternative support structures to blend or hide the communication equipment with the design, shape, or color of the structure. Examples of stealth design include field lights, clock towers, bell towers, water towers, flagpoles, windmills, monuments, etc.

"Story" means that portion of a building included between the upper surface of any floor and the upper surface of the floor next above, except that the topmost story shall be that portion of a building included between the upper surface of the topmost floor and the ceiling or roof above. If the finished floor level directly above a usable or unused underfloor space is more than six feet (6’) above grade for more than fifty percent (50%) of the total perimeter or is more than twelve feet (12’) above grade at any point, such usable or unused underfloor space will be considered as a story.

"Story, First" means the lowest story in a building that qualifies as a story, except that a floor level in a building having only one floor level shall be classified as a first story, provided such floor level is not more than four feet (4’) below grade for more than fifty percent (50%) of the total perimeter, or not more than eight feet (8’) below grade at any point.

"Story, Half" means 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 of the floor immediately below it.

"Yard" means a space on a lot, other than a court, unoccupied and unobstructed from the ground upward by buildings or structures, except as follows:

  1. Fences and walls that conform with this code.
  2. Landscape elements including trees, shrubs, and other plants.
  3. Planter boxes or masonry planters not exceeding twenty-four inches (24”) in height.
  4. Cornices, eaves, belt courses, buttresses, and other similar architectural features may project into any yard not more than two feet (2’).
  5. Bay windows, cantilevered floors, and fireplace structures may project into any yard not more than two feet (2’), provided that they are not wider than eight feet (8’) wide.
  6. Porches, door stoops, awnings, fire escapes, and stairways may project into an interior side yard not more than two feet (2’) and a front, rear, or corner side yard not more than four feet (4’).
  7. Accessory structures subject to this Title.

"Yard, Front" means a space on the same lot with a building, between the front line of the building and the front lot line, and extending across the full width of the lot. The "depth" of the front yard is the minimum distance between the front lot line and the front line of the building.

"Yard, Rear" means a space on the same lot with a building, between the rear line of the building and the rear lot line, and extending the full width of the lot. The "depth" of the rear yard is the minimum distance between the rear lot line and the rear line of the building.

“Yard, Required” means the open space around buildings which is required by the terms of this Title.

"Yard, Side" means a space on the same lot with a building, between the side line of the building and the side lot line, and extending from the front yard to the rear yard. The "width" of the side yard shall be the minimum distance between the side lot line and the side lot line of the building. See “Side Yard, Interior Lot” and “Side Yard, Corner Lot”.

HISTORY
Adopted by Ord. 2021-04-02 on 5/5/2021
Amended by Ord. 2024-O-11-2 on 11/15/2024

19.04.040 TELECOMMUNICATIONS DEFINITIONS

Telecommunications terms used in Title 19 are defined as follows:

  1. "Amateur Radio Antenna” means a radio antenna that complies with the ruling of the Federal Communications Commission in "Amateur Radio Preemption, 101 FCC 2nd 952 (1985)" or meets the standards related to amateur radio service adopted under 47 C.F.R. Part 97.
  2.  “Amateur Radio Antenna Support Structure” means a lattice or pole structure which acts as a support to the amateur radio antenna. Typical support structures are triangular or square in cross-section, crank up, or guyed, and are constructed with galvanized steel or aluminum.
  3. “Antenna” means a transducer, attached to a support structure, designed to transmit or receive electromagnetic waves.
  4. "Distribution system" means the portion of the system located between: (1) the service drop transformer and the distribution substation for electric service, (2) the service drop and the receive site (headend) for cable television, or (3) the service drop and the transmission system for telephone service.
  5. “Earth Station” means a communication facility that transmits and/or receives signals to and from orbiting satellite(s).
  6. “Lattice Tower” means a support structure constructed of vertical metal struts and cross braces forming a triangular or square structure that often tapers from the foundation to the top.
  7. "Service Drop" means the portion of the system located between the distribution system and wall of the building or structure occupied or intended to be occupied by a customer.
  8. "System" means all poles, towers, wires, lines, cables, conduits, pipes and accessory equipment providing service such as electricity, telephone, telegraph, cable television, gas, water, sewer, steam or petroleum including service drops, distribution system, transmission system, and accessory equipment.
  9. “Telecommunication Facilities, Wireless Communication Facilities, and Radio/TV Transmitting Towers” means facilities used for the transmission or reception of electromagnetic or electro-optic information, which is placed on a structure. Telecommunications Sites/Facilities do not include Amateur Radio equipment that complies with the ruling of the Federal Communications Commission in “Amateur Radio Preemption, 101 FCC 2nd 952 (1985)” or amateur radio service adopted under 47 C.F.R. Part 97.
  10. "Transmission System" means the portion of the system which is used to carry the service from points of generation or switching centers to distribution points such as electrical substations and equipment sites. In the case of electrical service, a transmission system is defined as carrying a voltage of forty-six (46) KV or more.
  11. “Wireless Facility” means equipment at a fixed location that enables wireless communication between user equipment and a communications network, including (a) equipment associated with wireless communication; and (ii) regardless of the technological configuration, a radio transceiver, an antenna, a coaxial or fiber-optic cable, a regular or back up power supply, or comparable equipment. Wireless Facility does not include the structure or an improvement on, under, or within which the equipment is collocated; or a coaxial or fiber-optic cable that is: between wireless structures or utility poles; not immediately adjacent to or directly associated with a particular antenna; or a wireline backhaul facility. (Utah Code § 54-21-101)
  12. “Wireless Telecommunications Antenna” means the physical device through which electromagnetic, wireless telecommunications signals authorized by the Federal Communications Commission are transmitted or received. Antennas used by amateur radio operators are excluded from this definition.
  13. “Wireless Telecommunications Equipment Shelter” means the structure in which the electronic receiving and relay equipment for a wireless telecommunications facility is housed.
  14. “Wireless Telecommunications Site/Facility” means an unmanned structure that consists of equipment used primarily for the transmission, reception, or transfer of voice or data through radio wave or wireless transmissions. Such sites typically require the construction of transmission support structures to which antenna equipment is attached.
  15. “Wireless Telecommunications Tower” means a facility consisting of the equipment and structures involved in receiving telecommunications or radio signals from a mobile radio communications source and transmitting those signals to a central switching computer that connects the mobile unit with the land-based telephone lines.
HISTORY
Adopted by Ord. 2021-04-02 on 5/5/2021

19.04.060 SIGN DEFINITIONS

Sign terminology used in Title 19 is defined as follows:

  1. “Address Sign” means a sign that designates the street number and/or street name for identification purposes, as designated by the United States Postal Service.
  2. “Awning” means a shelter extending from the exterior wall of a building and composed of nonrigid materials, including cloth, plastic, or other nonrigid materials, except for the supporting framework.
  3. “Awning Sign” means any sign painted on, attached to, or supported by an awning.
  4. “Balloon Sign” means a sign that is an air-inflated object, which may be of various shapes, made of flexible fabric, resting on the ground or a structure, and equipped with a portable blower motor that provides a constant flow of air into the device.
  5. “Banner” means a temporary sign composed of cloth, canvas, plastic, fabric or similar lightweight, non-rigid material that can be mounted to a structure with cord, rope, cable, or a similar method, or that may be supported by stakes in the ground. Banners do not include flags.
  6. “Blade Sign” means the same as “Projecting Sign”.
  7. “Canopy” means a freestanding, permanent roof-like shelter, other than an awning, that may be either freestanding or attached to an adjacent building or structure.
  8. “Canopy Sign” means a permanent sign attached to or constructed on a canopy.
  9. “Driveway Sign” means a small permanent sign located near driveway access points and/or at the intersection of internal access drives.
  10. “Electronic Message Center” means a sign designed so that the characters, letters, or illustrations can be changed or rearranged automatically on a lamp bank or through mechanical means (e.g., electronic or digital signs).
  11. “Flag” means any sign printed or painted on cloth, plastic, canvas, or other like material with distinctive colors, patterns, or symbols attached to a pole or Staff and anchored along only one edge or supported or anchored at only two corners. Flags do not include banner.
  12. "Flat Sign” means the same as “Wall Sign”.
  13. “Holiday Decorations” means signs or displays including lighting which are a non-permanent installations timed around national, state, and local holidays, religious or cultural holidays, or other holiday seasons.
  14. “Illegal Sign” means a sign that is not permitted or allowed to be established in a zone, does not meet the requirements of the zoning ordinance, and/or has not received nonconforming status. Any sign not specifically listed as a permitted or conditional use is prohibited in that zone.
  15. “Incidental Sign” means signs that are often attached to doors, windows, gas pumps, or other structures that are small in nature and typically intended to be read by a user up close, rather than from a distance by pedestrians or drivers.
  16. “Light Pole Banner” means a temporary banner or sign that is designed to be attached to a permanent light pole or other pole structure, and where the temporary sign element can be changed without modifying the permanent structure.
  17. "Limited Duration Sign” means a non-permanent sign that is displayed on private property for more than thirty (30) days, but not intended to be displayed for an indefinite period. 
  18. “Marquee Sign” means a permanent, roof-like canopy with an integral sign that extends from part or all of a building face that may or may not project over a public right-of-way.
  19. “Marquee Sign” means a permanent, roof-like canopy with an integral sign that extends from part or all of a building face that may or may not project over a public right-of-way.
  20. “Monument Sign” means a sign permanently affixed to the ground at its base, supported entirely by a base structure that is flush to the ground, and not mounted on a pole.
  21. “Mural” means a large picture/image (including but not limited to painted art) which is painted, constructed, or affixed directly onto a vertical building wall, which may or may not contain text, logos, and/ or symbols.
  22. “Permanent Sign” means a sign attached or affixed to a building, structure, or the ground in a manner that enables the sign to resist environmental loads, such as wind, and precludes ready removal or movement of the sign and whose intended use appears to be indefinite.
  23. “Pole Sign” means a freestanding sign that is permanently supported in a fixed location by a structure of one or more poles, posts, uprights, or braces from the ground and not supported by a building or a base structure.
  24. “Portable Sign” means a sign designed to be transported or moved and not permanently attached to the ground, a building, or other structure.
  25. “Projecting Sign” means a double-sided sign, excluding canopy and awning signs, mounted on a building such that the faces of the sign are perpendicular to the building and normal flow of traffic. It may also be referred to as a blade sign.
  26. “Roof Sign” means any sign erected upon a roof, parapet, or roof-mounted equipment structure and extending above a roof, parapet, or roof-mounted equipment structure of a building or structure.
  27. “Sidewalk or Sandwich Board Sign” means a moveable sign not secured or attached to the ground or surface upon which it is located that’s supported by its own frame. A common form of sidewalk sign may be referred to as a sandwich board sign that has the cross-sectional shape of the letter A. Sidewalk signs may also be in a form that has a cross-sectional shape of an upside-down letter T.
  28. “Sign” means any words, letters, parts of letters, figures, numerals, phrases, sentences, emblems, devices, trade names, or trademarks, by which anything is made known, such as are used to designate an individual, a firm, an association, a corporation, a profession, a business, a commodity, an event, a gathering, or product, which are visible from any public way. “Sign” also includes the sign structure supports, lighting system, and any attachments, ornaments, or other features intended to draw the attention of observers.
  29. “Sign Alteration” means a change or rearrangement in the structural part or design of a sign whether by extending on a side, by increasing in area or height, or by relocating or changing position.
  30. “Sign Area” means the area of a sign that is used for display purposes, excluding the minimum frame and supports. In computing sign area, only one side of a back-to-back or double-faced sign shall be computed when signs are parallel or diverge from a common edge by an angle of not more than ten degrees. For signs that do not have a frame or a separate background, the sign area shall be computed on the basis of the least rectangle, triangle, or circle large enough to frame the display. Sign areas in the shape of a sphere, prism, cylinder, cone, pyramid, square, or other such shape shall be computed as one-half of the total surface area.
  31. “Sign Copy” means the words logos, symbols, or message displayed on a sign.
  32. “Sign Face” means an exterior display surface of a sign including non-structural trim exclusive of the supporting structure.
  33. “Sign Height” means the vertical distance above the natural grade at any point on the perimeter of the sign to the highest point of the sign structure.
  34. “Sign Maintenance” means the upkeep of signs in a safe, presentable and good condition, including the replacement of defective parts, repainting, cleaning, and other acts required for the maintenance of said sign.
  35. “Sign Setback” means the minimum distance that any portion of a sign or sign structure shall be from any street property line.
  36. “Sign Structure” means anything constructed or erected supporting a sign which requires location on or below the ground or attached to something having a location on or below the ground.
  37. “Snipe Sign” means a temporary sign illegally tacked, nailed, posted, pasted, glued, or otherwise attached to trees, poles, stakes, fences, or other objects.
  38. “Soft Lighting” means low-lumen light sources (450 lumens maximum).
  39. “Temporary Sign” means a type of non-permanent, sign that is located on private property that can be displayed for no more than thirty (30) consecutive days at one time.
  40. "Vehicle Sign” means a sign or advertising device attached to or located on a vehicle or trailer parked on a public right-of-way, public property, or parking area with access by the general public so as to be visible from a public right-of-way for the basic purpose of directing people to a business or activity.
  41. “Wall Sign” means a building-mounted sign that is either painted on, attached to, or displayed on a wall or its facing in a manner parallel to the wall surface.
  42. “Window Sign” means any sign viewable through and/or affixed in any manner to a window or exterior glass door such that it is intended to be viewable from the exterior (beyond the sidewalk immediately adjacent to the window), including signs located inside a building but visible primarily from the outside of the building. Customary displays of merchandise behind a store window are not considered signs.
HISTORY
Adopted by Ord. 2021-04-02 on 5/5/2021

19.04.070 USE DEFINITIONS

Uses identified in Title 19 are defined as follows:

  1. "Accessory Equipment" means the portion of the system including equipment sites, transformers, switchgear, pedestals, terminals, meters, buildings (substations), and other similar equipment that is normally installed aboveground in accordance with accepted practices of underground systems.
  2. “Accessory Structure” means a detached subordinate building or structure the appropriate use of which is subordinate and customarily incidental to the main building or to the main use of the land and which is located on the same lot or parcel of land with the main building or use.  Accessory structures include detached garages or carports, garden or storage sheds, and children's playhouses, but do not involve the conduct of a business.
  3. “Accessory Dwelling Unit, Detached” means a habitable living unit detached from a primary single-family dwelling and contained on one lot for the purpose of offering a long-term rental of thirty (30) consecutive days or longer. Detached Accessory Dwelling Units are not permitted in the Town of Brighton.
  4. “Accessory Dwelling Unit, Internal” (IADU) or Accessory Dwelling Unit, Attached means an accessory dwelling unit created:
    1. Within a primary dwelling:
    2. Within the footprint of the primary dwelling at the time the internal accessory dwelling unit (IADU) was created; and
    3. For the purpose of offering a long-term rental of thirty (30) consecutive days or longer. 
  5. “Accessory Use” means a use clearly incidental and subordinate to the existing primary use and customarily related to the primary use and located on the same lot or in the same building as the primary use.
  6. “Bar” means a commercial establishment open to the general public which sells and serves intoxicating beverages for consumption on the premises, subject to the Utah Alcoholic Beverage Control Act.
  7. “Breweries and Distilleries in association with a Restaurant” means a business which conducts the retail sale of beer or liquor which is brewed or distilled on the premises in compliance with applicable state and federal laws. Such establishments may also include restaurants as an accessory use.
  8. “Campground” means a public area designated by a public agency for camping, or a private area licensed by the local governing body for camping. “Campground” also includes any lot or parcel of land upon which two or more sites are located, established or maintained for occupancy by recreational vehicles for a fee as temporary living quarters for recreation or vacation purposes. This may include accessory facilities such as kitchens, pavilions, playgrounds, or storage for recreation equipment.
  9. “Camping” means the use of any tent, trailer, lean-to, teepee, recreational vehicle, or similar non-permanent structure or vehicle for temporary living quarters for residential, recreation, education, or vacation purposes.
  10. "Carport" means a private garage not completely enclosed by walls or doors. For the purposes of this Title, a carport shall be subject to all of the regulations prescribed for a private garage.
  11. “Child Care” means the provision, day or night, of supplemental parental care, instruction, and supervision for a non-related child or children, on a regular basis, and for less than twenty-four (24) hours a day. The term does not include babysitting services of a casual, non-recurring nature, or in the child’s own home or cooperative, or reciprocative child care by a group of parents in their respective domiciles.
  12. “Child Care Center” means 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 twenty-four (24) hours per day. “Commercial Daycare Facilities” excludes the following:
    1. Kindergartens or nursery schools or other daytime programs operated by public or private elementary or secondary schools or institutions of higher learning;
    2. Facilities operated in connection with a Ski Resort, or other activity where children are cared for temporarily while parents or custodians of the children are occupied on the premises or are in the immediate vicinity and readily available; or
    3. Special activities or programs, including athletics, crafts instruction, and similar activities, are conducted on a periodic basis by civic, charitable, private, or governmental organizations.
  13. “Child Care, Licensed Family” means the provision of childcare for sixteen or fewer children, including the provider’s children who are under the age of thirteen, in the home where the caregiver resides, in the absence of a child’s parents, for four (4) or more hours but less than twenty-four (24) hours, on a regularly scheduled, ongoing basis. A “Child Care, Licensed Family” is subject to licensing by the Utah Department of Health and Human Services.
  14. “Child Care, Residential” means the provision of childcare for eight or fewer children, including the provider’s children, who are under the age of thirteen, in the home where the caregiver resides, in the absence of a child’s parents, for less than twenty-four (24) hours, on a regularly scheduled, ongoing basis. A “Child Care, Residential” is subject to licensing by the Utah Department of Health and Human Services.
  15. “Church, Synagogue, Mosque, Temple, Cathedral, or Other Religious Buildings” means a building, with accessory structures and uses, where persons regularly assemble for religious purposes and related social events and which building, with accessory structures and uses, is maintained and controlled by a religious body organized to sustain religious ceremonies and purposes.
  16. “Cluster Subdivision” means a subdivision in which the lot sizes are reduced below those normally required in the zoning district in which the development is located, in return for the provision of permanent open space.
  17. "Commercial Recreation" means recreational facilities operated as a business and open to the general public for a fee.
  18. “Duplex” means the same as “Dwelling, Two Family.”
  19. “Dwelling, Manufactured Home” means a transportable factory-built housing unit constructed on or after June 15, 1976, according to the HUD Code, in one or more sections, that: (a) 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 square feet (400 sq.ft.) or more; and (b) is built on a permanent chassis and designed to be used as a dwelling with or without a permanent foundation when connected to the required utilities, and includes the plumbing, heating, air-conditioning, and electrical systems. A manufactured home shall be attached to a permanent foundation in accordance with plans providing for vertical loads, uplift, lateral forces, and frost protection in compliance with the municipality’s Building Code, as adopted. All appendages, including carports, garages, storage buildings, additions, or alterations shall be built in compliance with the Municipality Code, as adopted.
  20. “Dwelling, Modular Unit” means a structure: (a) built from sections that are manufactured in accordance with the State Construction Code and transported to a building site; and (b) the purpose of which is for human habitation, occupancy, or use
  21. “Dwelling, Multiple Family” means a building containing five (5) or more residential dwelling units.
  22. “Dwelling, Single-Family” means a building containing one (1) residential dwelling unit.
  23. “Dwelling, Single-Family Attached” A residential structure designed to house a single-family unit from the lowest level to roof, with a private outside entrance, but not necessarily occupying a private lot, and sharing a common wall adjoining dwelling units.
  24. “Dwelling, Three- and Four-Family (3-plex and 4-plex)” means a building containing three (3) or four (4) residential dwelling units, each unit designed to be occupied by one (1) family.
  25. “Dwelling, Two Family” means a building containing two (2) residential dwelling units.
  26. “Dwelling group” means a group of two (2) or more dwellings located on a parcel of land in one (1) ownership and having any yard or court in common.
  27. “Educational Facility” means: (i) a school district's building at which pupils assemble to receive instruction in a program for any combination of grades from preschool through grade 12, including kindergarten and  programs for children with disabilities; (ii) a structure or facility: (A) located on the same property as a building described in Subsection (12)(a)(i); and (B) used in support of the use of that building; and (iii) a building to provide office and related space to a school district's administrative personnel; and (b) does not include: (i) land or a structure, including land or a structure for inventory storage, equipment storage, food processing or preparing, vehicle storage or maintenance, or similar use that is: (A) not located on the same property as a building described in Subsection (12)(a)(i); and (B) used in support of the purposes of a building described in Subsection (12)(a)(i); or (ii) a therapeutic school.
  28. “Educational Facility with Residential Accommodation” means an educational facility with living accommodations for students or Staff, such as universities, colleges, boarding schools, and seminaries. Educational facility includes public and private schools (PreK-12) designed for educational activities with a curriculum for technical or vocational training, pre-kindergarten, kindergarten, elementary, secondary, or higher education and recognized as an educational institution by the State of Utah Board of Education, the State of Utah Board of Higher Education, or the State Board of Regents.
  29. “Farm Products" means fruits, vegetables, mushrooms, herbs, nuts, shell eggs, honey or other bee products, flowers, nursery stock, livestock food products (including meat, milk, cheese and other dairy products), and fish.
  30. “Farmers’ Market” means an outdoor market open to the public, operated by a governmental agency, a nonprofit corporation, or one or more producers, at which (a) at least seventy-five percent (75%) of the products sold are farm products or value-added farm products and (b) at least seventy-five percent (75%) of the vendors regularly participating during the market’s hours of operation are producers, or family members or employees of producers.
  31. "Food Cart" means a cart:
    1. That is not motorized; and
    2. That a vendor, standing outside the frame of the cart, uses to prepare, sell, or serve food or beverages for immediate human consumption.
  32. "Food Truck" means:
    1. A fully encased food service establishment:
    2. On a motor vehicle or on a trailer that a motor vehicle pulls to transport; and
    3. From which a food truck vendor, standing within the frame of the vehicle, prepares, cooks, sells, or serves food or beverages for immediate human consumption;
    4. A food cart; or
    5. An ice cream truck.
  33. “Garage, Private” means a detached accessory structure or portion of a main building designed for the parking or temporary storage of automobiles of the occupants of the premises.
  34. “Gardening for Personal Use” means an accessory use that includes the production of fruits, vegetables, spices, and other food plants for personal use. “Gardening for Personal Use” may include a greenhouse or plant nursery subject to accessory structure regulations.
  35. “Home Occupation” means any use or activity conducted entirely within a residential dwelling or a legal accessory structure or structure that is clearly incidental and secondary to the existing residential use and does not change the character of the residence or neighborhood and there is no display of any stock and the use complies with the applicable business license requirements.
  36. “Home Preschool” means a preschool program complying with all Utah standards and licensing for non-family members in an occupied dwelling unit, by residents of that dwelling unit, in which lessons are provided for not more than ten (10) children for each session of instruction. If there are eight or more children, there must be two or more providers present. Sessions may not last for not more than four (4) hours and shall not overlap. Individual children may attend only one (1) preschool session in any twenty-four (24) hour period.
  37. “Hotel” means a building designed for or occupied by sixteen or more guests who are for compensation lodged, with or without meals.
  38. “Household Pet” means animals customarily permitted in the house and kept for company or pleasure, including dogs, cats, canaries, and similar pets.
  39. “Institutional Use” means a facility that provides a public service and is operated by a federal, state, or local government, public or private utility, public or private school or college, church, public agency, or tax-exempt organization.
  40. “Junk” means any worn out or discarded materials including but not necessarily limited to scrap metal, inoperable motor vehicles or recreational vehicles which are inoperable for more than sixty (60) days, and parts, construction material, household wastes, including garbage and discarded appliances, and yard debris.
  41. “Liquor and/or Wine Store” means a facility for the sale of packaged liquor or wine, located on premises owned or leased by the state of Utah and operated by a state employee.
  42. “Major Seasonal Sale” means a type of temporary use offering goods not offered year-round by another business on the property or is the only business on the property for the duration the use is occurring or occupies land in a designated park and is greater than eight hundred square feet (800 sq.ft.).
  43. “Major Seasonal Use” means a type of temporary use that offers a service or activity not offered year-round by another business on the property or is the only business on the property for the duration the use is occurring or occupies land in a designated park and is greater than eight hundred square feet (800 sq.ft.).
  44. “Micromobility Support Infrastructure” means infrastructure, such as docking stations, signage, or other small-scale infrastructure, needed to support licensed micromobility systems.
  45. “Micromobility” means small, light-weight, and low-speed (less than thirty (30) mph) motorized vehicles that may be part of a shared-use program.
  46. “Mining (Subsurface)” means mining by digging or constructing access tunnels, adits, ramps, or shafts and excavating directly from the natural mineral deposits exposed.
  47. “Mining (Surface)” means mining by removing the overburden lying above the natural deposits and excavating directly from the natural deposits exposed, or by excavating directly from deposits lying exposed in their natural state, and shall include dredge operations conducted in or on natural or artificially created waterways.
  48. “Minor Seasonal Sale” means a type of temporary use offering goods not offered year-round by another business on the property, and the total area of the use takes up eight-hundred square feet (800 sq. ft.) or less.
  49. “Minor Seasonal Use” means a type of temporary use that offers a service or activity not offered year-round by another business on the property and the total area of the use takes up eight-hundred square feet (800 sq. ft.) or less.
  50. “Minor Ski Resort Improvements” means construction activities associated with the ongoing operation and maintenance of previously approved facilities, ski runs, ski trails, ski lifts, and related resort appurtenances, equipment, recreational access corridors, pedestrian or non-motorized trails, non-snow related activities, and accessory uses, or vehicular maintenance roads constructed or used in connection with the construction, operation, or maintenance of a resort. Minor ski resort improvements also include the construction, operation and maintenance of Remote Avalanche Control Devices.
  51. “Mobile Store” means a business that is carried out entirely from a motor vehicle or thing that is designed to be or is mobile such as hand pushcarts and self-propelled kiosks, whereby the entire inventory offered for sale is carried and contained in the motor vehicle or thing that is designed to be or is mobile at the time the stock is offered for sale and is delivered to the purchaser at the time of sale. This use excludes food trucks/mobile restaurants, as defined in this Chapter.
  52. “Office, General” means a building offering executive, administrative, professional, or clerical services, or a portion of a building wherein services are performed involving predominately operations with limited client visits and limited traffic generated by employees and/or clients.
  53. “Office, Intensive” means a business offering executive, administrative, professional, or clerical services with a high level of client interaction and traffic generated; and/or a business that employs five (5) or more persons per one thousand square feet (1,000 sq.ft.) of net leasable office space.
  54. “Office, Medical” means a building used by physicians, dentists, and similar personnel for the treatment and examination of patients solely on an outpatient basis, provided that no overnight patients shall be kept on the premises.
  55. “Outdoor Dining” means an area of designated size used as a seating area with tables and chairs for the contiguous restaurant.
  56. “Outdoor Sales Event” means a type of temporary use that uses a portion of outside space to temporarily sell products from a business in a building already located on the property with a business license.
  57. “Park and Ride” means an area or structure intended to accommodate parked vehicles for the general public, where commuters park their vehicles and continue to travel to another destination via public transit, carpool, vanpool, or bicycle. The parking lot may be shared with other uses or stand-alone.
  58. “Personal Care Services” means an establishment primarily engaged in the provision of frequently or recurrently needed services of a personal nature. Typical uses include beauty and barbershops, custom tailoring and seamstress shops, electrolysis studios, portrait studios, shoe repair shops, tanning and nail salons, permanent makeup facilities, tattoo and body piercing establishments, and weight loss centers. 
  59. “Personal Instruction Services” means an establishment engaged in the provision of informational, instructional, personal improvement, and similar services of a professional nature or by a nonprofit organization. Typical uses include art and music schools, driving instruction, computer instruction, gymnastic and dance studios, handicraft or hobby instruction, and martial arts training.
  60. “Planned Unit Development (PUD)” means an Integrated design for the development of residential, commercial, or industrial uses, or limited combinations of such uses, in which the density and location regulations of the district in which the development is situated may be varied or waived to allow flexibility and initiative in site and building design and location, in accordance with an approved plan and imposed requirements. PUDs are not permitted in the Town of Brighton.
  61. “Post Office” means a facility that contains service windows for mailing packages and letters, post office boxes, offices, vehicle storage areas, and sorting and distribution facilities for mail.
  62. “Private Residential Tennis Court/Sports Court” means a recreation court requiring a base surface with a gross square footage of four hundred square feet (400 sq.ft) or more, permitted as an accessory use to and on the same lot as a single-family residential dwelling. These are prohibited except where the natural slope is twenty percent (20%) or less.
  63. “Private Swimming Pool” means any structure or container holding water to a depth of eighteen inches (18") or greater and having either a diameter or diagonal measurement of ten feet (10’) or greater, permitted as an accessory use to and on the same lot as a single-family residential dwelling. These are prohibited except where the natural slope is twenty percent (20%) or less.
  64. “Public Parks” means parks that are maintained by a public agency.
  65. "Public Use" means 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 uses such as public schools, parks, playgrounds and other recreational facilities, government and public utility administrative offices, fire stations, police stations, and facilities that are part of the local service delivery system for public utilities. "Public Use" does not include public utility production, storage, and treatment facilities such as power plants, refineries, natural gas processing and storage plants, water treatment plants, or sewage treatment facilities.
  66. “Public Utility, Major” means structures that house operations for public utilities like, but not limited to, power generation plants, electrical switching stations, primary substations, refuse collection and disposal facilities, and water and wastewater treatment facilities and similar facilities.
  67. “Public Utility, Minor” means local utility structures that are necessary for a specific development or service like, but not limited to, poles and lines.
  68. “Public Utility” includes every railroad corporation, gas corporation, electrical corporation, distribution electrical cooperative, wholesale electrical cooperative, telephone corporation, telegraph corporation, water corporation, sewerage corporation, heat corporation, and independent energy producer not described in Utah Code § 54-2-201 where the service is performed for, or the commodity delivered to, the public generally, or in the case of a gas corporation or electrical corporation where the gas or electricity is sold or furnished to any member or consumers within the state for domestic, commercial, or industrial use.
  69. “Remote Avalanche Control Device.”  Structure, typically in the form of a tower, designed to reduce the risk of unpredictable naturally triggered avalanches by artificially triggering, through remote control, smaller controlled avalanches. This device is designed to reduce the hazards natural avalanches pose to skiers, workers, and others who are in and around the boundaries of ski resorts. 
  70. “Residential Facility for Elderly Persons” means a dwelling unit owned by a resident thereof or an immediate family member of a resident, or for which the title has been placed in trust for a resident; and is voluntarily occupied on a twenty-four (24) hour per day basis by eight (8) or fewer elderly persons in a family-type arrangement. A "residential facility for elderly persons" does not include any facility: (1) operated as a business; provided that such facility shall not be considered to be operated as a business solely because a fee is charged for food or for actual and necessary costs of operation and maintenance of the facility; (2) where persons are placed: (a) for alcoholism or drug abuse treatment; or (b) as part of, or in lieu of, confinement, rehabilitation, or treatment in a correctional facility which is: (i) a health care facility as defined by Utah Code or successor law, or (ii) a residential facility for persons with a disability.
  71. “Residential Facility for Persons with a Disability” means a residence In which more than one person with a disability resides; and (a) Which is licensed or certified by the Department of Human Services under Utah Code Title 62A, Chapter 2, Licensure of Programs and Facilities; or (a) which is licensed or certified by the Department of Health under Utah Code Title 26, Chapter 21, Health Care Facility Licensing and Inspection Act.
  72. “Restaurant, Sit-Down with or without Alcohol” means a building or facility for the preparation, retail sale, and on-site consumption of food and non-alcoholic and/or alcoholic beverages.
  73. “Retail and Service Commercial” means a business primarily engaged in the sale or rental of goods, merchandise, or services directly to the consumer, and includes no outdoor storage. These uses do not include sexually oriented businesses, retail tobacco specialty stores, check cashing, pawn shops, vehicle or large equipment rental, sales, repair, or assembly. Uses include department, grocery, variety and drug stores; art galleries; bakeries; jewelry stores; florists; auto parts stores; business and social services; and similar uses. These uses may include twenty-four-hour uses and drive-up windows subject to this Title.
  74. “Retail Shops or Galleries where Primary Product is Produced On-Site" means establishments (not exceeding five thousand square feet (5,000 sq. ft.)) engaged in the selling of goods where the primary product is produced on-site.  This definition is limited to small-scale uses but can include bakeries, confectionaries, nut shops, frame shops, restored furniture, cardmaking shops, jewelry-making stores, photo galleries, art galleries, and pottery studios.  This definition also includes ‘painting with a twist’, ‘paint nite’, paint-your-own-ceramics businesses, and similar uses. A room or building for the display or sale of works of art, including space for the artist to create displayed work.
  75. “Sexually Oriented Business or Activity” means adult arcades, adult bookstores, adult novelty stores, adult video stores, adult cabarets, or adult entertainment out-call services in the form of semi-nude dancing or exhibitions, adult motion picture theater, adult theater, seminude model studios, or sexual encounter establishments.
  76. “Shared Mobility Device” means bicycles and motor-assisted scooters operated by a shared mobility device system.
  77. “Shared Mobility Device System” means any transportation service that involves the commercial use of shared mobility devices by users, either concurrently or sequentially after one another.
  78. “Shopping Center” means a group of three or more commercial establishments that are planned, developed, and managed as a unit with common areas for off-street parking provided on the properties.
  79. "Short-Term Rental" means any dwelling or portion thereof that accommodates less than sixteen (16) guests as defined in section 5.19.010 of this Code.
  80. “Sidewalk Displays and Sidewalk Cafes” means an accessory use that allows for the spillover of seating and/or sales displays onto the sidewalk or walkway in front of an existing business subject to limitations in this Title. “Sidewalk Café” means a restaurant with tables on the sidewalk in front or on the side of the premises. “Sidewalk Display” means the outdoor display of merchandise for sale by a business use.
  81. “Ski Resort” means:“Ski Run” means a groomed path on a slope for the purpose of skiing; typically associated with a ski resort.“Solar Energy System, Accessory” means a roof-mounted, wall mounted, or ground mounted panel, the primary purpose of which is to provide for the collection, inversion, storage, and distribution of solar energy for electricity generation, space heating, space cooling, or water heating of buildings located on the same property.
    1. Any publicly or privately developed recreational use permitted by relevant local, state, and federal authorities, for snow-related activities, accessory year-round or non-snow related activities located withing Ski Resort Boundaries. 
    2. Such uses, activities, and facilities may be conducted on a commercial or membership basis, solely on privately-owned property or on privately-owned lots or parcels interspersed with public land under a special use permit from the U.S. Forest Service or other public agency, primarily for the use of persons who do not reside on the same lot or parcel as that on which the recreational use is located. 
    3. Snow-related activities include but are not limited to: downhill skiing, cross-country skiing, snowboarding, snow shoeing, snowmobiling, or other snow-related activities. 
    4. Year-round and non-snow related activities include but are not limited to: alpine recreational activities; cultural events and festivals; and conference events. 

CD. "Ski Resort Boundaries" means the outer boundaries of each ski resort as illustrated in Appendix "A" and "B" attached to this ordinance.

CE. "Ski Resort Support Facilities" means facilities and improvements accessory to, and located within "Ski Resort Boundaries" of a "Ski Resort," including, but not limited to: lodging; food, retail, and support services; recreational and fitness facilities; parking accommodations; and other uses of a similar nature specifically authorized in conjunction with the operation of a year-round resort.

CF. "Ski Run" means a groomed path on a slope for the purpose of skiing; typically associated with a ski resort.

CG. "Solar Energy System, Accessory" means a roof-mounted, wall mounted, or ground mounted panel, the primary purpose of which is to provide for the collection, inversion, storage, and distribution of solar energy for electricity generation, space heating, space cooling, or water heating of buildings located on the same property.

CH. “Swap Meets And Flea Markets” means a market operating for the sale or exchange of merchandise at retail by many sellers within a parking lot or enclosed building. This does not include garage sales.

CI. “Tavern” means the same as “Bar.”

CJ. “Temporary Sale, Farm Products” means a type of temporary use that is less than six hundred square feet (600 sq. ft.) and at least seventy-five percent (75%) of the products sold are farm products or value-added farm products.

CK. “Tiny Home” means a dwelling less than four hundred square feet (400 sq. ft.) in size, not including loft space, that meets building code requirements and is on a permanent foundation. A tiny home is either a single-family dwelling or an accessory dwelling unit. A tiny home used as the primary residential use on a lot or parcel is a single-family dwelling for the purposes of this Ordinance. A tiny home used as an accessory dwelling is prohibited in the Town of Brighton.  

CL. “Impound Lots” means the temporary storage of vehicles that have been towed, carried, hauled, or pushed from public to private property for impoundment in a public or private impound yard. These uses are prohibited in Brighton.

CM. “Twin Home” means the same as “Dwelling, Two Family.”

CN. “Vertical Indoor Agriculture” means growing crops in vertically stacked layers indoors, often incorporating controlled-environment agricultural techniques and soilless farming techniques such as hydroponics, aquaponics, or aeroponics.

CO. “Water Pumping Plant and Reservoir” means a natural or artificial water storage basin with a pumping station to distribute potable or irrigation water.

CP. “Water Treatment Facility” means the facility or facilities within the water supply system which can alter the physical, chemical, or bacteriological quality of the water.

HISTORY
Adopted by Ord. 2021-04-02 on 5/5/2021
Amended by Ord. OAM2025-001431 on 11/11/2025

2021-04-02

2024-O-5-1

2025-O-5-1

2024-O-11-2

OAM2025-001431