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Centerfield City Zoning Code

10.20 Definitions

10.20.010 Definitions

For the purpose of this title, certain words and terms are defined as follows (words used in the present tense include the future; words in the singular number include the plural and the plural singular, and words not included herein but defined in the building code shall be construed as defined therein):

ACCESSORY BUILDING:

A detached subordinate building located on the same lot with a main building, the use of which is customarily incidental to that permitted in the main building, or to the land upon which the main building is located.

ACCESSORY HOUSING UNIT:

Includes any residential building or structure that is not customarily incidental and subordinate to a primary dwelling unit in both size and purpose and which is located on the same lot. Either attached or detached.

ADVERSELY AFFECTED PARTY:

A person other than a land use applicant who owns real property adjoining the property that is the subject of a land use application or land use decision or will suffer a damage different in kind than, or an injury distinct from, that of the general community as a result of the land use decision.

AFFECTED ENTITY:

A county, municipality, local district, special service district under §17D-1 of Utah State Code (as amended), school district, interlocal cooperation entity established under §11-13 of Utah State Code (as amended), specified public utility, property owner, property owners association, or the Utah Department of Transportation if:

  1. The entity’s services or facilities are likely to require expansion or significant modification because of an intended use of land;
  2. The entity has filed with the City a copy of the entity’s general or long-range plan; or
  3. The entity has filed with the City a request for notice during the same calendar year and before the City provides notice to an affected entity in compliance with a requirement imposed under §10-9a of Utah State Code (as amended).

ALLEY:

A public thoroughfare twenty six feet (26') or less in width.

ANIMAL HOSPITAL:

A place where animals or pets are given medical or surgical treatment and are cared for during the time of such treatment; the use of the premises as a kennel or a place where animals or pets are boarded for remuneration may be permitted.

ANIMAL UNIT:

Large and small animals defined in chapter 10 of this title.

APPEAL AUTHORITY:

The person, board, commission, agency, or other body designated by ordinance to decide an appeal of a decision of a land use application or a variance.

BASEMENT:

A story partly underground. A basement shall be counted as a story for the purpose of height measurement if its height is one-half (1/2) or more above the grade.

BED AND BREAKFAST INN:

A commercial venture for the purpose of nightly rental of more than two (2) guest rooms, with the provisions of the breakfast meal included in the rental fee. Must comply with all appropriate commercial construction codes, zoning requirements, Utah State Health Department requirements, and requirements of any other applicable ordinances or codes adopted by Centerfield City. Does not qualify as home occupations. (See definition of Home Bed and Breakfast.)

BOARDING HOUSE:

A building with not more than five (5) guest rooms where, for compensation, meals are provided for at least five (5) but not more than fifteen (15) persons.

BUILDING:

Any structure having a roof supported by columns or walls for the housing or enclosure of persons, animals or chattels.

BUILDING, HEIGHT OF:

A vertical distance from the grade to the highest point of the coping of a flat roof or to the deck line of a mansard roof, or to the main height level between ridge and eaves of a gable, hip or gambrel roof.

BUILDING, MAIN:

A principal building or one (1) 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, of the State or any of its subdivisions.

CARPORT:

An accessory building open on at least three (3) sides. For purposes of this Title, a carport may be attached to the main building and come within ten feet (10') of the adjoining property line. No roof line shall be closer than twenty-six feet (26') to a roof of a carport on adjoining property.

CLINIC, DENTAL OR MEDICAL:

A building in which a group of dentists, physicians and allied professional assistants are associated for the conduct of their professions. The clinic may include a dental and/or a medical laboratory and an apothecary, but it shall not include inpatient care or operating rooms for major surgery.

CLUB, PRIVATE:

An organization, group or association supported by the members thereof, the sole purpose of which is to render a service customarily rendered for members and their guests. Shall not include any service, the chief activity of which is customarily carried on as a business, and does not include labor union organizations or similar labor or business organizations.

CONDITIONAL USE:

A land use that, because of the unique characteristics or potential impact of the land use on the City, surrounding neighbors, or adjacent land uses, may not be compatible in some areas or may be compatible only if certain conditions are required that mitigate or eliminate the detrimental impacts.

COURT:

A space, open and unobstructed to the sky, located at or above grade level on a lot and bounded on three (3) or more sides by walls of a building or group of buildings.

DAIRY:

A commercial establishment for the manufacture or processing of dairy products.

DEVELOPMENT AGREEMENT:

A written agreement or amendment to a written agreement between the City and one or more parties that regulates or controls the use or development of a specific area of land.

DISTRICT:

A portion of the area of a zone as shown on a map attached to Ordinance 9-08-75 and given a district name.

DORMITORIES:

Any building arranged or designed for one (1) dwelling unit with three (3) or more sleeping rooms per unit.

DWELLING:

Any building or portion thereof which is designed for use for residential purposes, except for the following: hotels, apartment hotels, boarding houses, lodging houses, motels, apartment motels, fraternities, sororities or dormitories.

DWELLING, FOUR-FAMILY:

A building arranged or designed to be occupied by four (4) families, the structure having only four (4) dwelling units. This is a nonpermitted use.

DWELLING, PRIMARY/PRINCIPAL DWELLING UNIT:

Includes any residential building or structure that is not customarily incidental or subordinate to any other building or structure located on the lot.

DWELLING, SINGLE-FAMILY:

A building arranged or designed to be occupied by one family, the structure having only one dwelling unit. The structure must be on a lot or property which has a good and adequate sidewalk constructed on the first four feet (4') within the road right-of-way and constructed in accordance with the specifications found in the Centerfield Code of Specifications.

DWELLING UNIT:

One or more rooms in a dwelling, designed for or occupied by one family or unrelated group for living or sleeping purposes and having kitchen facilities for the use of not more than one family (other than hot plates or other portable cooking units).

FAMILY:

One or more persons related by blood, marriage or adoption occupying a dwelling unit and living as a single housekeeping unit, as distinguished from renters, roomers or as a group occupying a "boarding house," "lodging house" or "hotel," as herein defined.

FAMILY CHILD DAYCARE FACILITY:

A facility licensed by the State to carry on childcare within a dwelling.

FAMILY CHILD PRESCHOOL FACILITY:

A facility, not requiring a license from the State, which provides an educational program for a fee, to five (5) or more children of preschool age, within a dwelling, in sessions of less than four (4) hours.

FLOOR AREA:

Area included within surrounding walls of a building or portion thereof, exclusive of vents, shafts or courts.

FRONTAGE:

All property fronting on one (1) side of the street between intersecting or intercepting streets, or between a street and a right of way, waterway, end of dead-end street or political subdivision boundary, measured along the street line. An intercepting street shall determine only the boundary of the frontage on the side of the street which it intercepts.

GARAGE, PRIVATE:

An accessory building designed or used for the storage of not more than four (4) automobiles owned and used by the occupants of the building to which it is accessory. A garage shall be considered part of a dwelling if the garage and dwelling have a roof or wall in common.

GARAGE, PUBLIC:

A building or portion thereof, other than a private garage, designed or used for servicing, repairing, equipping, hiring, selling or storing motor driven vehicles.

GENERAL PLAN:

A document that the City adopts that set forth general guidelines for proposed future development of land within the City.

GEOLOGIC HAZARD:

A surface fault rupture, shallow groundwater, liquefaction, a landslide, a debris flow, unstable soil, a rock fall, or any other geologic condition that presents a risk to life, substantial loss of or damage to real property.

GRADE:

  1. For buildings adjoining one street only, the elevation of the sidewalk at the center of that wall adjoining the street.
  2. For buildings adjoining more than one street, the average of the elevations of the sidewalks at the centers of all walls adjoining the streets.
  3. For buildings having no wall adjoining the street, the average level of the ground (finished surface) adjacent to the exterior walls of the building. All walls approximately parallel to and not more than five feet (5') from a street line are to be considered as adjoining a street.

HOME BED AND BREAKFAST:

A commercial enterprise taking place within a residential structure, requiring a conditional use permit, wherein guest rooms are rented on a nightly basis, and the breakfast meal is provided for in the rental rate. Criteria for a "home bed and breakfast" are:

  1. Must be an existing structure that is deemed suitable for habitation.
  2. Must not have more than four (4) rentable guest rooms.
  3. Nonfrontage, off street parking must be provided: two (2) spaces for owner/operator, one space per guest room.
  4. There may be one sign, not more than nine (9) square feet in size, made of wood, stone or brick and illuminated by external low level floodlamps.
  5. Must be on a street that meets fire code requirements.
  6. If modifications are made to an existing structure, they may not include separate entrances to each guest room, and they must be of an architectural style and physical size consistent with the neighboring structures.
  7. Site must be landscaped to minimize impact to neighboring properties and retain residential character.

HOME OCCUPATIONS:

  1. Any use conducted entirely within a dwelling and carried on by persons residing in the dwelling unit, which use is clearly incidental and secondary to the use of the dwelling or dwelling purposes and does not change the display nor stock in trade. The home occupation shall not involve the use of any accessory building or yard space or activity outside the main building not normally associated with residential use.
  2. Home occupations shall include the use of the home by a beauty shop, clergyman, engineer or other professional person for consultation or emergency treatment. Home occupations shall include the care of children other than members of the family residing in the dwelling.

HORTICULTURE:

The tilling of the soil, the raising of crops and gardening. Does not include the keeping or raising of domestic animals and fowl (except household pets), and does not include any agricultural industry or business such as fruit packing plants, fur farms, animal hospitals or similar uses.

HOSPITAL:

Institution for the diagnosis, treatment and care of human illness or infirmity, including sanitariums and clinics.

HOUSEHOLD PETS:

Animals or fowl ordinarily permitted in the house and kept for company or pleasure such as dogs, cats and canaries, but not including a sufficient number of dogs to constitute a "kennel", as defined in this section. "Household pets" may also include the keeping of not more than four (4) pigeons, two (2) mature rabbits and two (2) ducks.

KENNEL:

A commercial establishment or other facility having more than three (3) dogs over the age of six (6) months1for the purpose of boarding, breeding, keeping, buying, selling, grooming, letting for hire, or training for a fee.

LAND USE APPLICANT:

A property owner, or the property owner’s designee, who submits a land use application regarding the property owner’s land.

LAND USE APPLICATION:

An application that is required by the City and submitted by a land use applicant to obtain a land use decision.  A land use application does not include an application to enact, amend, or repeal a land use regulation.

LAND USE AUTHORITY:

A person, board, commission, agency, or body, including the City Council, designated by the City Council to act upon a land use application.  If no land use authority has been designated, land use authority shall mean the City Council.

LAND USE DECISION:

An administrative decision of a land use authority or appeal authority regarding a land use permit or land use application.

LAND USE PERMIT:

Means a permit issued by a land use authority.

LAND USE REGULATION:

A legislative decision enacted by ordinance, law, code, map, resolution, specification, fee, or rule that governs the use or development of land.  Land use regulation includes the adoption or amendment of a zoning map or the text of the zoning code and does not include a land use decision of the City Council acting as the land use authority, even if the decision is expressed in a resolution or ordinance.  Land use regulation also does not include a temporary revision to an engineering specification that does not materially increase a land use applicant's code of development compared to the existing specification or impact a land use applicant’s use of land.

LANDSCAPING:

Any combination of living plants (such as grass, ground cover, shrubs, vines, hedges, or trees) or nonliving landscape material (such as rocks, pebbles, sand, mulch, walls, fences, or decorative paving materials). Landscaping may include the preservation and incorporation of existing trees, vegetation, or ecosystems into site development.  Preferred landscaping includes “water wise” principles as outlined in UCA 57-8a-231.

LEGISLATIVE BODY:

Means the City Council of Centerfield, Utah.

LIVESTOCK FEED YARD:

A commercial operation on a parcel of land where livestock is kept in corrals or yards for extended periods of time for the purpose of fattening or maintaining the condition of livestock prior to its shipment to a stockyard for sale, etc.

LOT:

A parcel of land occupied or to be occupied by a main building or group of buildings (primary and accessory), together with such yards having frontage on a street.

LOT, CORNER:

A lot abutting on two (2) intersections or intercepting streets where the interior angle does not exceed one hundred thirty five degrees (135°).

LOT, INTERIOR:

A lot other than a corner lot.

MANUFACTURED HOME:

A transportable factory built housing unit constructed on or after June 15, 1976, according to the HUD Code, in one (1) or more sections, that: 

  1. In the traveling mode, is eight body feet (8’) or more in width or forty body feet (40’) or more in length, or when erected on site, is four hundred (400) or more square feet; and
  2. 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.

MODULAR UNIT OR MODULAR HOME:

A structure built from sections that are manufactured in accordance with the State Construction Code and transported to a building site, the purpose of which is for human habitation, occupancy, or use.

MOBILE HOME:

A transportable factory built housing unit built before June 15, 1976, in accordance with a State mobile home code which existed prior to the National Manufactured Housing Construction and Safety Standards Act, 42 U.S.C. Sec. 5401 et seq (HUD Code).

MOTEL:

A group of attached or detached buildings containing individual sleeping rooms designed for or used temporarily by automobile tourists or transients with a garage attached or parking space conveniently located to each unit.

NATURAL WATERWAYS:

Those areas, varying in width, along streams, creeks, springs, gullies or washes which are natural drainage channels, as determined by the City Engineer, in which areas no building shall be constructed.

NONCOMPLYING STRUCTURE:

A structure that legally existed before the structure’s current land use designation and because of one (1) 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.

NONCONFORMING USE:

A use of land that legally existed before its current land use designation; has been maintained continuously since the time the land use ordinance governing the land changed; and because of one (1) ore more subsequent land use ordinance changes, does not conform to the regulations that now govern the use of the land.

NOTICE (PUBLIC):

“Notice” refers to a “Class A” or “Class B” public notice as defined by 63G-28-101 and -102.

NURSING HOME:

An institution providing residence and care for the aged.

PARCEL:

Any real property that is not a lot.

PARKING LOT:

An open area, other than a street, used for the temporary parking of more than four (4) automobiles and available for public use, whether free, for compensation or as an accommodation for clients or customers.

PARKING SPACE:

Space within a building, lot or parking lot for the parking or storage of one (1) automobile.

PLAT:

An instrument subdividing property into lots as depicted on a map or other graphical representation of lands that a licensed professional land surveyor makes and prepares in accordance with §10-9a-603 or §57-8-13 of Utah State Code (as amended).

POTENTIAL GEOLOGIC HAZARD AREA:

An area that is designated by a Utah Geological Survey map, county geologist map, or other relevant map or report as needing further study to determine the area’s potential for geologic hazard; or has not been studied by the Utah Geological Survey or a county geologist but presents the potential of geologic hazard because the area has characteristics similar to those of a designated geologic hazard area.

PUBLIC HEARING:

A hearing at which members of the public are provided a reasonable opportunity to comment on the subject of the hearing.

PUBLIC MEETING:

A meeting that is required to be open to the public under §52-4 of Utah State Code (as amended).

ROOMER:

One who occupies a hired room in another’s house.

SALVAGE YARD:

Any place, establishment or business, maintained, used or operated for storing, keeping, buying, selling or recycling, or for the maintenance or operation of an automobile graveyard.

SIGN:

See chapter 11 of this Title.

STABLE, PRIVATE:

A detached accessory building for the keeping of horses owned by the occupants of the premises and not kept for remuneration, hire or sale.

STABLE, PUBLIC:

A stable other than a private stable.

STATE:

Any department, division, or agency of the State of Utah.

STORY:

The space within a building included between the surface of any floor and the surface of the 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 immediately below it.

STREET:

A public thoroughfare which affords the principal means of access to abutting property, and is more than twenty-six feet (26') wide.

STRUCTURAL ALTERATIONS:

Any change in supporting members of a building, such as bearing walls, columns, beams or girders.

STRUCTURE:

Anything constructed or erected which requires location on the ground or attached to something having a location on the ground.

SUBDIVISION:

Includes 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.  Except as provided in §10-9a, includes divisions of land for residential and nonresidential uses, including land used or to be used for commercial, agricultural, and industrial purposes.  See Title 11 for additional information.

SUSPECT SOIL:

Soil that has a high susceptibility for volumetric change, typically clay rich, having more than a three percent (3%) well potential; bedrock units with high shrink or swell susceptibility; or gypsiferous silt and clay, gypsum, or bedrock units containing abundant gypsum commonly associated with dissolution and collapse features.

UNINCORPORATED:

The area outside of the incorporated area of the City.

USE:

The purpose or activity for which the land or building or structure thereon is designed, arranged or intended, or for which it is occupied or maintained.

USE, ACCESSORY:

A subordinate use customarily incidental to and located upon the same lot occupied by a main use.

USE, PERMITTED:

A use which may be lawfully established in a particular zoning district, provided it conforms with all requirements, regulations and standards of such zoning district.

VARIANCE:

A waiver of the terms of the zoning regulations where, due to conditions peculiar to the property, a literal enforcement of the regulations would result in unnecessary and undue hardship.

VIOLATION:

The act of disregarding, disobeying, neglecting, omitting or refusing to comply with the regulations or enforcement.

WIDTH OF LOT:

The distance between the side lot lines at the setback point required by the zone that the lot is in.

YARD:

An open space which is located between a building or structure and the adjoining lot lines and which is unobstructed or unoccupied by any portion of a building or structure.

YARD, CORNER:

A lot consisting of streets on two (2) sides of the property.

YARD, FRONT:

A space on the same lot which is bounded by the side yard lines extending from a building to the front of the lot line.

YARD, REAR:

A space on the same lot which extends from the building to the rear lot line, which extends across the lot and has the required setbacks.

YARD, SIDE:

A space on the same lot between the side line of the building and the side line of the property extending from the front yard line to the rear yard line.

ZONE:

A specific area designated as such and regulated by uniform requirements.

ZONING MAP:

A map, adopted as part of a land use ordinance, that depicts land use zones, overlays, or districts.

HISTORY

Adopted by Ord. 2004 on 1/1/2004

Amended by Ord. 2004-5 on 6/17/2004

Amended by Ord. 2006-1 on 1/19/2006

Amended by Ord. 2009-3 on 6/18/2009

Amended 12/28/2023