1. General. All provisions, terms, phrases and expressions contained in this Chapter shall be liberally construed to accomplish the purposes of this Title.
   
2. Conjunctions. Unless the context clearly indicates to the contrary, conjunctions shall be interpreted as follows.
   
   1. "And" indicates that all connected items, conditions, provisions or events shall apply.
      
   2. "Or" indicates that one or more of the connected items, conditions, provisions or events shall apply.
      
   3. "Either . . . or" indicates that the connected items, conditions, provisions or events shall apply singly but not in combination.
   4. "And/Or" indicates that all or one or more of the connected items, conditions, provisions or events shall apply.
3. Mandatory and Discretionary Terms. The word "shall" is always mandatory. The word “should” means the matter described ought to be accomplished if reasonable and possible under the circumstances. The word "may" is permissive.
   
4. Non-Technical and Technical Words. Words and phrases shall be construed according to the common use and understanding of the language, but technical words and phrases and such others as may have acquired a peculiar and appropriate meaning in law shall be construed and understood according to such meaning.
   
5. Tense, Number, and Gender.  Words used in the past or present tense include the future as well as the past or present unless the context clearly indicates the contrary. The singular shall include the plural and the plural shall include the singular as the context and application of this Title may reasonably suggest. Words of one gender shall apply to any person, natural or fictitious, regardless of gender, as the context and application of this Title may reasonably suggest.
   
6. Fractional Numbers. In determining compliance with the numerical requirements of this Title any computation or measurement resulting in a fractional number, except density calculations, shall be rounded to the nearest whole number. Density calculations shall be rounded to the nearest tenth of a number.
   
7. Public Officials, Bodies and Agencies. All public officials, bodies, and agencies to which reference is made are those of Centerville City, Utah, unless otherwise indicated.
   
8. Delegation of Authority. Whenever a provision appears requiring the City Manager, head of a department, or some other officer or employee to do some act or perform some duty, it shall be construed to authorize the City Manager, head of the department, or other officer to designate, delegate, and authorize professional-level subordinates to perform the required act or duty unless the terms of the provision or section, or other applicable law, specify otherwise.
   
9. Computation of Time. The time within which an act is to be done shall be computed by excluding the first day and including the last day. If the last day is a Saturday, Sunday, or holiday, then the last day shall be the next following business day.
10. Amendments.  Whenever reference is made in this Title to provisions of the Centerville Municipal Code, the Utah Code, any federal law or regulations, or any section or subsection of this Title, such reference shall include any subsequent amendments or renumbering of such referenced provisions.

As used in this Title, the words and phrases defined in this Section shall have the following meanings unless the context clearly indicates a contrary meaning. Words not included herein but defined in the Construction Codes or the Utah Land Use Development and Management Act shall be construed as defined therein.

Accessory Building: See Building, Accessory. 

Accessory Apartment: A habitable living area located within a detached single family dwelling which has its own kitchen, living/sleeping areas, and sanitation facilities.

Accessory Use: See Use, Accessory.

Adjacent Landowners: A property owner of record, according to the records of the County Recorder, whose property abuts all or part of property proposed for development.

Agricultural Business: A commercial agricultural activity that requires a business license as provided in CMC 6 (Business Licensing and Regulations) such as a nursery or the boarding or stabling of animals other than those owned and used by household members.

Agricultural Industry: An industry or business involving agricultural products in packaging, treatment, sales, intensive feeding, or storage. Typical uses include animal feed yards, fur farms, commercial milk production, food packaging or processing plants, and commercial poultry or egg production.

Agricultural Processing: Initial processing of agricultural products that is reasonably required to take place in close proximity to the site where they are produced. Typical uses include sawmills and packing houses. Slaughterhouses are specifically excluded from this definition.

Agricultural Sales and Service: An establishment primarily engaged in the sale or rental of farm tools and implements, feed and grain, tack, animal care products, anhydrous ammonia, farm supplies and the like, and including accessory food sales and machinery repair services.

Agriculture: The tiling of soil, raising of crops and animals, horticulture and gardening for personal use or sale, but not including any agricultural business or industry.

Alley: A public thoroughfare for the use of pedestrians and vehicles providing a secondary means of access to the rear of abutting properties.

Animals and Fowl for Recreation and Family Food Production: The keeping of animals on a lot or parcel for exclusive personal, non-commercial, use by persons residing thereon.

Animal Specialties: The production of small animals and associated products. Typical uses include chicken and turkey raising, egg production, and aviaries.

Animal Unit: A method of accounting for the relative impact of domestic animals and fowl allowed in certain zones, as follows:

1. Each horse, cow, or other similar large domestic animal shall be counted as 50 animal units;
2. Each medium size domestic animal, such as sheep and goats, shall be counted as 25 animal units; and
3. Each small domestic animal and fowl shall be counted as follows:
   
   1. Large fowl: 8 animal units;
   2. Small fowl: 2 animal units; and
   3. Rabbits: 5 animal units.
   4. Small domestic animals and fowl does not include household pets.

Antenna: A transmitting or receiving device used in telecommunications that radiates or captures electromagnetic signals.

Antenna, Flush-Mounted: One or more antennas mounted on a wall surface or a structure mounted on a wall surface where the entire antenna and structure do not extend more than one foot horizontally from the wall surface.

Antenna, Hidden: An antenna mounted within an existing structure so as to not be visible from outside the structure.

Antenna, Monopole: See Monopole.

Antenna, Non Flush-Mounted: One or more antennas mounted on a wall surface or a structure mounted on a wall surface where the entire antenna and structure extend more than one foot but not more than six feet, horizontally from the wall surface.

Antenna, Roof-Mounted: One or more antennas mounted on a roof, mechanical room, or penthouse of a building.

Antenna, Stealth-Design: An antenna and/or antenna mounting system designed to be virtually unseen as the result of color schemes, screening, and/or disguising.

Antenna, Wall-Mounted: One or more flush-mounted or non-flush mounted antennas attached to the vertical wall of a building.

Antenna, Whip: A directional or omnidirectional antenna that is cylindrical in shape and which may vary in size depending upon the frequency and gain for which it is designed.

Apiaries (beekeeping): “Apiary” means any place where one or more colonies of bees are located for personal or commercial use.

Arcade:  A roofed or built structure, extending over the sidewalk, that is open to the street except for the supporting columns, piers, or arches. A minimum clear height of 11 feet is required and a minimum clear width of 10 feet from inside of the column or supporting member to the building or Required Building Line (RBL). The arcade area shall be open to public access and have a minimum of five feet of public access easement/sidewalk within the arcade clear width.

Assisted Living Facility: A residential facility, licensed by the State of Utah, with a home-like setting that provides an array of coordinated supportive personal and health care services, available 24 hours per day, to residents who have been assessed under Utah Department of Health or the Utah Department of Human Services rules to need any of these services and who have a service plan based on the assessment, which may include: (1) specified services of intermittent nursing care; (2) administration of medication; and (3) support services promoting residents' independence and self-sufficiency. An assisted living facility does not include adult day care provided in conjunction with a residential facility for elderly persons or a residential facility for persons with a disability.

Auditorium or Stadium: An open, partially enclosed or fully enclosed facility used or intended to be used primarily for spectator sports, entertainment events, expositions and other public gatherings. Typical uses include convention and exhibition halls, sports arenas and amphitheaters.

Automobile Wrecking Yard: Any lot, parcel, or land area used for the storage, keeping, dismantling or salvaging of two or more unlicensed automobiles or parts thereof.

Average Slope: The average deviation of a lot or parcel from horizontal expressed as a percentage according to the following formula:

S = (.0023 x I x L) ÷ A, where:

S = average slope;
.0023 = conversion factor of square feet to acres;
I = contour interval;
L =total length of contour lines within the subject area; and
A = area of the subject property in acres.

Bail Bond Service: An establishment which provides sureties to procure the release of persons under arrest by becoming financially responsible for their appearance at the time and place designated.

Bank or Financial Institution: An organization involved in deposit banking, finance, investment, mortgages, trusts, and the like. Typical uses include commercial banks, credit unions, finance companies, and savings institutions.

Basement: A story located one half or more below the finished elevation of the ground.

Basic Industry: An establishment engaged in basic processing and manufacturing of materials or products predominantly from extracted or raw materials; or a use engaged in manufacturing processes utilizing flammable or explosive materials; or manufacturing processes which potentially involve hazardous or commonly recognized offensive conditions. Typical uses include chemical manufacturing and warehousing, dry-ice manufacturing, fat-rendering plants, fertilizer manufacturing, fireworks and explosives manufacturing and warehousing, petroleum refineries, pulp processing and paper products manufacturing, radioactive materials manufacture or use, slaughterhouses, steel works and tanneries.

Bed and Breakfast: A limited commercial activity where paying guests:

1. Obtain lodging on a day-to-day basis in a room or rooms without cooking facilities, 
2. May obtain breakfast or other meals, and 
3. May engage in other limited related activities.

Berm: A mound of earth, generally two to six feet high, used to shield, screen, and buffer undesirable views and to separate land uses.

Billboard: See Sign, Billboard.

Block: Land surrounded by streets and other rights-of-way other than an alley, or land which is designated as a block on any recorded subdivision plat.

Boarding House: A building, or any portion thereof, where, for compensation, meals and lodging are provided to the occupants; but excluding a dwelling unit with family occupancy.

Body Art Facility: A facility where an individual practices or instructs: (a) body piercing; or (b) tattooing. This term excludes Permanent Cosmetics (as defined herein) and Ear Piercing (as defined in Utah Code § 26B-7-401). Body Art Facility shall not include any of the following activities which are expressly prohibited: branding, scarification, or any practices that are considered medical procedures by a State medical board.

Buildable Area: The area on a lot or parcel bounded by front, rear, and side building lines where a main building may be constructed.  The buildable area sets the limits for the building footprint on the lot or parcel, now and in the future.  Additions must be within the buildable area.

Buildable Area, Minimum: A buildable area satisfying the applicable minimum buildable area requirements of this Title which is rectangular in shape and has a length/width ratio between 2:1 and 1:2.

Building: A permanently located structure having a roof supported by columns or walls for the shelter, housing, or enclosure of any person, animal, article, or chattel.

Building, Accessory: A detached subordinate building located on a lot or parcel with a main building the use of which is incidental to the use of the main building.

Building Envelope Standards: These standards establish the parameter for building construction within the South Main Street Overlay District Zone. This includes the building placement in all three dimensions and certain required building elements.

Building Facade: Any exterior wall of a building including windows, doors, and mansard, but not including a pitched roof.

Building Frontage: The horizontal, linear dimension of that side of a non-residential building abutting a street, a parking area, a mall or other circulation area open to the general public and having a main window display of the enterprise or a public entrance to the building, and including the following:

1. In industrial zones, a building side with an entrance open to employees; and
2. Where more than one use occupies a building, the front width of that portion of a building occupied by a use having a public entrance or main window display for its exclusive use.

Building or Structure Height: The height of a building or structure shall be as defined in the Construction Codes adopted by the City. If the Construction Codes do not apply, height means the vertical distance from the average finished grade to the highest point of a building or structure, except as otherwise provided in CZC 12.55.120.

Building, Historic: Any building listed in the National Register of Historic Places, the Utah State Register of Historic Sites, the Centerville City Historic Landmarks Register, or otherwise determined by the Planning Commission to have historic or architectural significance.

Building Line, Front: A line parallel to the front lot line and at a distance therefrom equal to the required depth of the front yard and extending across the entire width of the lot or parcel.

Building Line, Rear: A line parallel to the rear lot line and at a distance therefrom equal to the required depth of the rear yard and extending across the entire width of the lot or parcel.

Building Line, Side: A line parallel to the side lot line and at a distance therefrom equal to the required depth of the side yard and extending between the front and rear building lines.

Building, Main: The principal building or one of the principal buildings located on a lot or parcel designed or used to accommodate the primary use to which the premises are devoted. Where a permissible use involves more than one structure designed or used for the primary purpose, as in the case of apartment groups, each such permitted building on one lot or parcel as defined by this Title shall be deemed a main building.

Bus Terminal: A building or premises for the transient housing or parking of commercial motor vehicles and for the pick up and discharge of fare-paying intercity passengers. Accessory uses may include ticket offices, luggage checking facilities, and similar uses.

Business Equipment Rental, Services, and Supplies: An establishment primarily engaged in the display, storage, sale, rental or repair of equipment and supplies used by office, professional or business service establishments, or individuals. Excludes automotive, construction and farm equipment. Typical uses include office equipment and supply firms, small business machine repair shops and hotel equipment and supply firms.

Capital Facilities: Any or all of the following facilities that have a life expectancy of 10 or more years: water rights and water supply, treatment, and distribution facilities; wastewater collection and treatment facilities; storm water, drainage, and flood control facilities; roadway facilities; parks and recreation facilities, open space and trails; and public safety facilities.

Capital Facilities Plan: Those portions of the Centerville City General Plan or other adopted plan which pertain to the City's capital facilities, including, but not limited to, water, storm water, parks, open space, and transportation, as the same may be amended from time to time.

Car Wash: A place for the cleaning or detailing of motor vehicles, whether self-service, automatic or by hand.

Carport: A covered automobile parking space with at least two sides open. For the purposes of this Title a carport shall be subject to all of the regulations prescribed for a private residential garage.

Carrier: A company or business which provides wireless telecommunication services as set forth in the Telecommunications Act of 1996, as amended.

Catering, General: An establishment in which the principal use is the preparation of food and meals on the premises, and where such food and meals are delivered to another location for consumption. Use includes catering for food for single event-based food services and contractual agreements for a specified period of time. This may include the storage of mobile food trucks, and catering transport vehicles. Use does not include subordinate, secondary use of catering to a food establishment.

Catering, Limited:  An establishment in which the principal use is the preparation of food and meals on the premises, and where such food and meals are delivered to another location for consumption with a limited number of catering transport vehicles.  Includes catering for food for single event-based food services and contractual agreements for a specified period of time.  This use does NOT include mobile food trucks or carts, or any other mobile food service uses.  This use is intended to be a low-intensity use permissible in commercial areas commonly located adjacent to residential uses and shall prohibit the off-site dissemination of any detectible ambient food-source odors.

Cemetery: Land used or intended to be used for the burial of the dead, whether human or animal, including crematoriums and mausoleums.

Child Care Center: A commercial establishment having regularly scheduled, ongoing enrollment for direct or indirect compensation that provides child care for five or more children in a place other than a dwelling for less than 24 hours per day. 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 fitness center, shopping center 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, conducted on a periodic basis by civic, charitable, private, or governmental organizations.

Church or Place of Worship: Any structure or site such as a church, synagogue, chapel, sanctuary or cathedral, used primarily for collective or individual involvement with a religious activity, such as rites, rituals, ceremonies, prayers and discussions, and for church-related activities.

City: The city of Centerville, Utah, a municipal corporation.

City Engineer: A registered civil engineer so appointed or employed by the City.

Clear View Area: Areas at intersecting streets and driveways where unobstructed vision is maintained as required by this Title. 

Clinic: See Medical Service.

Club or Service Organization: An establishment or organization providing meeting, recreational or social facilities for a private or nonprofit association, except a private club as defined herein.  Typical uses include lodges, meeting halls, recreation centers, and areas operated by social clubs, fraternal and service organizations.

Club, Private: A business or entity issued a club license by the Utah Alcoholic Beverage Control Commission under applicable provisions of the Utah Alcoholic Beverage Control Act, as set forth in Utah Code § 32B-1-101, et seq.

College or University: An institution of higher education offering undergraduate or graduate degrees and including, but not limited to, extension services and accessory uses such as dormitories, museums, stadiums, and theaters.

Conditional Use: See Use, Conditional.

Conditional Use Permit: The permission granted by City authorities to use or access properties under special circumstances and with specific requirements and conditions attached.

Condominium Declaration: See Declaration.

Condominium: The ownership of a single unit in a multi-unit project together with an undivided interest in common in the common areas and facilities of the property created pursuant to the Utah Condominium Ownership Act, as set forth in Utah Code §§ 57-8-1, et seq.

Condominium Project: A real estate condominium project; a plan or project whereby two or more units, whether contained in existing or proposed apartments, commercial, or industrial buildings or structures or otherwise, are separately offered or proposed to be offered for sale. Condominium project shall also mean the property when the context so requires.

Construction: The materials, architecture, assembly, and installation of a building or structure.

Construction Codes:  The construction codes adopted by the City in CMC 7.5 (Fire Regulations) and CMC 10.3 (Construction Codes).  May also be referred to as building codes, fire codes or safety codes.

Construction Sales and Service: An establishment engaged in the retail or wholesale sale of materials and services used in the construction of buildings or other structures, as well as the outdoor storage of construction equipment or materials on lot or parcel other than a construction site. Typical uses include lumber yards, home improvement centers, lawn and garden supply stores, construction equipment sales and rental, electrical, plumbing, air conditioning and heating supply stores, swimming pool sales, construction and trade contractors' offices and storage yards, and public utility corporation storage yards.

Convalescent Care Facility: An establishment providing bed care and in-patient services for persons needing regular medical attention but excluding a facility providing surgical or emergency medical services or providing care for mental illness or communicable disease. Typical uses include nursing homes and rest homes.

Convenience Store: An establishment, not exceeding 5,000 square feet of gross floor area, serving a limited market area and engaged in the retail sale or rental, from the premises, of food, beverages and other frequently or recurrently needed items for household use, excluding gasoline sales.

Convertible Land: A building site which is a portion of the common areas and facilities described by metes and bounds, within which additional units or limited common areas and facilities may be created pursuant to the Utah Condominium Ownership Act, as set forth in Utah Code §§ 57-8-1, et seq. 

Correctional Facility: A facility providing housing and care for individuals legally confined for violations of law.

Cultural Service: A library, museum or similar public or registered nonprofit organizational use displaying, preserving, and exhibiting objects of community and cultural interest in one or more of the arts and sciences.

Decibel (dB): A unit of measure used to express intensity of noise.

Declaration: The legal instrument by which property is subjected to the provisions of the Utah Condominium Ownership Act, as set forth in Utah Code §§ 57-8-1, et seq., or a declaration of covenants, conditions, and restrictions.

Dedication: The setting aside of land by an owner for any general and public uses, reserving for himself no other rights than such as are compatible with the full exercise and enjoyment of the public uses to which the property is devoted. 

Density, Base: The number of dwelling units per acre allowed in a planned development pursuant to the provisions of CZC 12.41 (Planned Development Overlay Zone).

Density Bonus: The number of additional dwelling units per acre allowed in addition to base density in a planned development pursuant to the provisions of CZC 12.41 (Planned Development Overlay Zone).

Density, Gross: The number of dwelling units per acre within a subdivision or other development based on the total tract area whether developable or not, including streets, water areas, and conservation lands.

Density, Net: The number of dwelling units per acre within a subdivision or other development, not including streets and public property.

Depth: The least horizontal distance between the front and rear lot lines and the building.

Developer: The person, association or corporation developing or causing to be developed the property subject to the provisions of this Title.

Developable Land: Land under 30% slope which is capable of being improved, subject to the requirements of this Title.

Development or Development Activity: Any of the following:

1. 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;
2. Any construction, reconstruction, or expansion of a building, structure, or use;
3. Any change in the use of a building or structure;
4. The total area of a lot or parcel of land on which a building permit is to be issued or the total area of property being improved;
5. Any change in the use of land that creates additional demand and need for capital facilities;
6. The property being developed and/or subdivided; or
7. The act, process or result of developing.

Development Approval: Any written authorization from the City that authorizes the commencement of development activity.

Disability: A physical or mental impairment which 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, or successor law. Disability, and its related terms such as physical or mental impairment, major life activities, record of impairment, etc., shall have such meaning as set forth in applicable state and federal regulations, including, but not limited to, the Utah Fair Housing Act, the Federal Fair Housing Act, the Americans with Disabilities Act, and the Rehabilitation Act.  

Duplex: See Dwelling, Two-Family.

Dwelling: Any building, or portion thereof, having one or more dwelling units occupied as, or designed or intended for occupancy as, a residence by one or more families, but not including hotels, motels, boarding houses, or other facilities offering transient lodging facilities.

Dwelling, Basement: A dwelling which is located below finished grade.

Dwelling, Earth-Sheltered: An engineered dwelling unit located primarily underground for the purpose of energy conservation.

Dwelling, Garden Apartment: One or more two-story or three-story multiple-family dwellings, generally built at a gross density of 10 to 15 dwelling units per acre, where each dwelling contains 8 to 20 dwelling units.

Dwelling, Multiple-Family: A dwelling having three or more dwelling units. 

Dwelling, Patio Home: A single-family dwelling located on a separate lot or parcel with open setbacks on three sides with a court.

Dwelling, Primary or Primary Single-Family Dwelling: See definition of Primary Dwelling or Primary Single-Family Dwelling as more particularly set forth in CZC 12.60.030.

Dwelling, Single-Family: A building having only one dwelling unit.

Dwelling, Single-Family with Internal Accessory Dwelling Unit (Internal ADU): A lot, parcel, or tract of land having only one primary single-family dwelling unit and one internal accessory dwelling unit.

Dwelling, Temporary: A trailer or structure used for temporary residential purposes solely by the property owner or builder during the construction of a permanent dwelling on a lot or parcel.

Dwelling, Townhouse: A dwelling unit in a row of at least three such units where each unit has its own front and rear exterior access, no unit is located above or below another unit, and each unit is separated from any other unit by one or more vertical common fire-resistant walls.

Dwelling, Two-Family: A dwelling having only two dwelling units.

Dwelling Unit: One or more rooms in a dwelling designed for or occupied as separate living quarters which provide sleeping and sanitary facilities and which includes one but not more than one kitchen or set of fixed cooking facilities, other than hot plates or other portable cooking units, all for exclusive use by a single family maintaining a household.

Easement: A present or future right of use under, on, or above the surface of property by a person or agency other than the legal owner of the property.

Elderly Person: A person who is 60 years old or older who desires or needs to live with other elderly persons in a group setting, but who is capable of living independently.

External Illumination: Lighting which illuminates a building or structure from a remote position or from outside of the building or structure.

Family: Any of the following who occupy a dwelling unit:

1. One person living alone; or
2. Two or more persons related by blood, marriage, or adoption, and foster children who live together as a single housekeeping unit, and up to two other persons, including  personal care or personal service providers, who reside on the same premises where the housekeeping unit is located; or
3. Up to four unrelated persons who live together as a single housekeeping unit.

Family Child Care Facility: A facility licensed by the State of Utah which provides child care in a dwelling for less than nine children unrelated to the licensee for less than 24 hours a day, with regularly scheduled, on-going enrollment, for direct or indirect compensation.

Family Group Child Care Facility: A facility licensed by the State of Utah which provides child care in a dwelling for 9 to 16 children unrelated to the licensee for less than 24 hours a day, with regularly scheduled, on-going enrollment, for direct or indirect compensation.

Farmers Market: An establishment or premises where farm products from local farmers are sold at retail from covered or open air areas designated for individual retailers.

Fence: A structure serving as an enclosure, barrier, or boundary, which defines an outdoor space. 

Fence, Sight-Obscuring: A fence which permits vision through not more than 10% of each square foot more than eight inches above the ground.

Fence, Open: A fence which permits vision through more than 50% of each square foot more than eight inches above the ground.

Final Plat: The final drawing of a subdivision and dedication prepared for filing with the County Recorder which complies with applicable requirements set forth in this Title and other titles of the Centerville Municipal Code and provisions adopted pursuant thereto.

Floor Area, Total: The amount of non-residential square footage contained within all buildings or structures on a building site in a public facility, commercial, or industrial zone, measured from outside wall surfaces and including basements, garages, porches, utility rooms, stairways, recreation rooms and storage rooms but excluding unroofed balconies and patios.

Freight Terminal: A building or area in which freight brought by motor trucks or rail is assembled and/or stored for routing in intrastate or interstate shipment by motor truck or rail.

Funeral Home: See Mortuary.

Garage, Parking: A structure, or portion thereof, other than a private residential garage, used primarily for parking and storage of motor vehicles and available to the general public.

Garage, Private Residential: A garage, accessory to a dwelling, used for parking and storage of motor vehicles owned and operated by residents of the dwelling that is neither a commercial enterprise nor available to the general public.

Garage Sale: The sale of used personal property conducted on the premises of a dwelling unit where the owner of the property resides.

Garden Center: An establishment primarily engaged in the retail sales of horticultural specialties, such as flowers, shrubs and trees, intended for ornamental or landscaping purposes.

Gas and Fuel, Storage and Sales: The use of a site for bulk storage and wholesale distribution of flammable liquid, gas or solid fuel, excluding below-ground storage that is clearly ancillary to an allowed principal use on the site.

Gasoline Service Station: An establishment engaged in the retail sale of gasoline and petroleum products.  This definition includes gasoline sales conducted as part of a convenience store.

General Plan: A document adopted by the City Council that sets forth general guidelines for proposed future development of the land within the City as set forth in this Title.

Golf Course: A facility providing private or public golf recreation services and support facilities, excluding miniature golf facilities.

Government Service: Any building or facility used, owned or operated by a government entity which provides services for the public, excluding utilities and recreational services. Typical uses include administrative offices of government agencies and utility billing offices.

Gross Floor Area: The total floor area of a building expressed in square feet measured from centerline of joint partitions and exteriors of outside walls.

Gross Leasable Floor Area (GLA): The total floor area of a building designed for tenant occupancy and exclusive use, including basements, mezzanines and upper floors, if any, expressed in square feet measured from centerline of joint partitions and exteriors of outside walls.

Guest House: A secondary, detached dwelling with or without kitchen facilities located on a lot or parcel with one (1) or more main dwellings which:

1. Is used for housing of guests or visitors without compensation for periods of up to 30 days separated by periods of vacancy of at least 14 days, and
2. Is not rented, leased or sold separately from the rental, lease or sale of the main dwelling.

Heavy Industry: An establishment engaged in basic processing and manufacturing of materials or products predominantly from extracted or raw materials; or a use engaged in manufacturing processes utilizing flammable or explosive materials; or manufacturing processes which potentially involve hazardous or commonly recognized offensive conditions. Typical uses include chemical manufacturing and warehousing, dry ice manufacturing, fat rendering plants, fertilizer manufacturing, fireworks and explosives manufacturing and warehousing, petroleum refineries, pulp processing and paper products manufacturing, radioactive materials manufacture or use, slaughterhouses, steel works and tanneries.

Height, Building or Structure: See Building or Structure Height.

Height, Sign: See Sign Height.

Holiday Decorations: Noncommercial displays of a primarily decorative nature, clearly incidental and customarily and commonly associated with any national, local, or religious holiday.

Home Occupation: A commercial or other non-residential use conducted within a dwelling unit that is incidental and secondary to the use of the dwelling unit for residential purposes.

Homeless Shelter: A place of temporary abode for persons who have no residence.

Hospital: A facility that:

1. Offers services more intensive than those required for room, board, personal services and general nursing care;
2. Offers facilities and beds for use beyond 24 hours by individuals requiring diagnosis, treatment, or care for illness, injury, deformity, infirmity, abnormality, disease or pregnancy; or
3. Regularly makes available at least clinical laboratory services, diagnostic X-ray services and treatment facilities for surgery or obstetrical care or other definitive medical treatment of similar extent.
4. Hospitals may include accessory uses such as offices for medical and dental personnel and central service facilities such as pharmacies, medical laboratories, and other related uses.

Hotel: An establishment with or without fixed cooking facilities in individual rooms offering transient lodging accommodations to the general public, and which may provide additional services such as restaurants and meeting rooms.

Household: A family living together in a single dwelling unit  with common access to and common use of all living and eating areas and  facilities for the preparation and serving of food within the dwelling unit.

Household Pet: Animals or fowl ordinarily permitted in a house and/or kept for company or pleasure, not for profit, such as dogs, cats, pigeons, or rabbits, but not including:

1. Chickens, ducks, geese, pigs or other domestic farm variety animals nor any animals which are likely to inflict harm or endanger the health, safety, or welfare of any person or property

Impact Fee: A payment of money imposed upon development activity as a condition of development approval. 

Intensity: The degree of a quantitative or qualitative measurement associated with a use of land or building which impacts surrounding property owners.

Internal Accessory Dwelling Unit (Internal ADU): See definition of Internal Accessory Dwelling Unit (Internal ADU) as more particularly set forth in CZC 12.60.030.

Illumination, Internal: Lighting by means of a light source that is within a sign having a translucent background, silhouetting opaque letters or designs, or that is within letters or designs that are themselves made of translucent material.

Junk or Salvage Yard: Any portion of a lot or parcel used for collection, storage, keeping, or abandonment of wastepaper, rags, scrap metal or discard material, including the dismantling, demolition, or abandonment of automobiles or other vehicles, or machinery or parts thereof, but not including uses clearly accessory and incidental to any permitted agricultural use. 

Kennel: An establishment having three or more dogs for the purpose of boarding, breeding, buying, grooming, letting for hire, training for profit, or selling.

Kiosk: A small structure, typically located within a pedestrian walkway or similar circulation area, intended for uses as a small shop, or for use as a display space for posters, notices and exhibits.

Kitchen: An area within a dwelling which contains a sink, fixed cooking appliances, and refrigeration facilities. 

Land Use: The manner in which land is occupied or utilized.

Lattice Tower: A self-supporting multiple sided, open steel frame structure used to support telecommunication equipment.

Laundry or Dry Cleaning, Limited: An establishment providing household laundry and dry cleaning services, classified as low hazard in applicable codes, with customer drop-off and pick-up; or an establishment providing home-type washing, drying, and/or ironing machines for hire to be used by customers on the premises. The term excludes large-scale dry cleaning activities permitted under the definition of "Laundry Service."

Laundry Services: An establishment primarily engaged in the large-scale cleaning of laundry or that includes dry-cleaning activities other than those classified as low hazard in applicable codes. This term excludes limited laundry activities permitted under the definition of “Laundry or Dry Cleaning, Limited.”

Light Source: Neon, fluorescent or similar tube lighting, an incandescent bulb, including the light-producing elements therein, and any reflecting surface that, by reason of its construction or placement, becomes a light source.

Liquor Store: An establishment primarily engaged in the sale of alcoholic beverages for off-site consumption.

Living Space: The area calculated from the horizontal exterior dimensions of all levels excluding porches, garages, patios, decks and unoccupied structures.

Lot: A tract of land, regardless of any label, that is created by and shown on a subdivision plat that has been recorded in the office of the county recorder, as more particularly defined in Utah Code § 10-9a-103.

Lot Area: The total land area of a lot or parcel.

Lot, Corner: A lot or parcel abutting two intersecting or intercepting streets where the interior angle of intersection or interception does not exceed 135 degrees. Corner lots shall have two front yards and two side yards.

Lot Coverage: The total horizontal area of a lot or parcel covered by any building or structure which extends above the surface of the ground level, including any covered parking spaces.

Lot Depth: The mean horizontal distance from a front lot or parcel line to a rear lot or parcel line.

Lot, Double Frontage: A lot or parcel abutting two parallel or approximately parallel streets.

Lot, Dwelling: A lot or parcel on which one or more dwellings may be legally established.

Lot, Flag: A lot or parcel located to the rear of another lot or parcel, the main body of which does not front on a street and is accessed by a narrow corridor.

Lot Frontage: The distance, measured along the front lot line, that a lot or parcel adjoins a street.

Lot, Interior: A lot or parcel other than a corner lot.

Lot Line: A line of record bounding a lot or parcel that divides one lot or parcel from another or from a street.

Lot Line Adjustment: The relocation of a lot line between two adjoining lots or parcels with the consent of the owners of record and which does not create a new lot or parcel.

Lot Line, Front: A lot or parcel line separating a lot or parcel from an existing street right-of-way or, where a new street is proposed, the proposed street right-of-way line as shown on the Master Street Plan.  For an interior lot or parcel, the lot line adjoining the street; for a corner lot, the lot or parcel lines adjoining both streets; for a double frontage lot, a lot or parcel line adjoining one of the streets as elected by the City.

Lot Line, Rear: The lot line generally opposite and most distant from the front lot line, except in the case of a triangular or gore shaped lot or parcel, a “constructive” line 10 feet in length within the lot or parcel, parallel to the front lot line which intercepts the side lot lines at points most distant from the front lot line.

Lot Line, Side: Any lot or parcel line that is not a front lot line or rear lot line. A side lot line separating one lot or parcel from another is an interior side lot line.

Lot, Nonconforming: A lot or parcel that:

1. Legally existed before its current zoning designation; and 
2. Has been shown continuously on the records of the Davis County Recorder as an independent parcel since the time the zoning regulation governing the lot or parcel changed; and
3. Because of subsequent zoning changes does not conform with the lot size or other dimensional or property development standards applicable in the zone where the lot or parcel is located.

Lot Width: For an interior lot or parcel, the shorter of horizontal distance between side lot lines, measured at the required front yard setback line or rear setback line. For a corner lot, the distance between one of the front lot lines and the opposite side yard line at the required setback line.

Low Power Radio Services Facility: See Wireless Telecommunication Facility.

Manufactured and Mobile Home Park: A lot or parcel (or contiguous lots or parcels) under one ownership designed and planned to accommodate the placement of manufactured or mobile homes on leased or rented pads.

Manufactured and Mobile Home Subdivision: A platted and recorded subdivision zoned and designed for mobile and manufactured home use where mobile and manufactured homes are placed on permanent foundations.

Manufactured Home: A transportable factory-built housing unit constructed on or after June 15, 1976, according to the Federal Home Construction and Safety Standards Act of 1974 (HUD Code), in one or more sections, which:

1. In the traveling mode, is eight body feet or more in width or 40 body feet or more in length, or when erected on site, is 400 or more square feet; 
2. Is built on a permanent chassis and designed to be used as a dwelling with a permanent foundation when connected to the required utilities;
3. Includes plumbing, heating, air-conditioning, and electrical systems; and 
4. Is identified by the manufacturer’s data plate bearing the date the unit was manufactured and a HUD label attached to the exterior of the home certifying the home was manufactured to HUD standards.

Manufacturing, General: An establishment engaged in the manufacture of finished products or parts, predominantly from previously prepared materials, including processing, fabrication, assembly, treatment and packaging, and incidental storage, sales and/or distribution of such products, but excluding basic industrial processing and manufacturing activities.

Manufacturing, Limited: An establishment engaged in the limited processing, fabrication, assembly and/or packaging of products utilizing processes that:

1. Have no noise, odor, vibration, or other impacts discernible outside a building; and
2. Do not violate any applicable noise ordinance.

Masonry: Stone, brick, dyed block or split-faced concrete block. 

Master Street Plan: A plan approved by the City Council as part of the City’s General Plan showing existing and future streets and related information.

Media Service: An establishment primarily engaged in the provision of broadcasting and other information relay services accomplished through the use of electronic and telephonic mechanisms, including radio, television, film or sound recording studios.

Medical or Dental Laboratory: An establishment that conducts basic medical or dental research and analysis. This term does not include a facility providing any type of in-house patient services typically provided by hospitals and clinics.

Medical Service: An establishment providing therapeutic, preventive, or corrective personal treatment services on an out-patient basis by physicians, dentists, and other practitioners of the medical or healing arts, as well as the provision of medical testing and analysis services. Typical uses include medical and dental offices and clinics, blood banks and medical or dental laboratories.

Military Facility: A premise or facility owned and operated by the federal or state government for civil defense or military purposes. Uses include command centers, military airfields, military bases, storage depots, and training bases.

Mineral Extraction: Removal of sand, gravel, dirt, or other materials by grading or excavating.

Mixed-Use Center: See Planned Center.

Mixed Use Development: Mixed-use refers to the combining of commercial uses (office, retail, service or other permitted or conditional commercial uses) with residential uses in the same building or on the same site in one of the following ways; provided, residential and commercial uses in the same building shall have separate entrances and shall not be combined units (such as live-work units):

1. Vertical Mixed-Use. A single structure with the above floors used for residential uses and at least 50% of the ground floor fronting Main Street used for commercial  uses.
2. Horizontal Mixed-Use – Attached. A single structure which provides commercial uses in the portion fronting Main Street with attached residential uses behind.
3. Horizontal Mixed-Use – Detached. Two or more structures on one site which provide commercial uses in the structure(s) fronting Main Street and residential uses in separate structure(s) behind or to the side.

Mobile Home: A transportable factory-built housing unit built prior to June 15, 1976 in accordance with a state mobile home code which existed prior to the Federal Manufactured Housing and Safety Standards Act (HUD Code). 

Mobile Home Park: See Manufactured and Mobile Home Park.

Moderate Income Housing: Housing occupied or reserved for occupancy by households with a gross household income equal to or less than 80% of the median gross income of the metropolitan statistical area for households of the same size.

Moderate Income Housing Plan: A written document conforming to the requirements of Utah Code § 10-9a-403.

Modular Unit: A structure built from sections manufactured in accordance with applicable construction codes and transported to a building site, the purpose of which is for human habitation, occupancy or use. 

Monopole: A single cylindrical steel or wooden pole that acts as the support structure for one or more antennas.

Mortuary: An establishment engaged in preparing human deceased for burial and conducting funerals.

Motel: Any building or group of buildings containing sleeping rooms, with or without fixed cooking facilities, designed for temporary occupancy by tourists or transients, with a garage attached or parking space conveniently located to each unit.

Motor Home: A motor vehicle built on a truck or bus chassis and designed to serve as self-contained living quarters for recreational travel and use.

Natural Features: Non-man-made land characteristics, including drainage swales, wetlands, rock outcroppings, streams, and concentrated native stands of large shrubs or trees.

Natural State: Land which has not been subjected to grading, removal of vegetation or building development.

Natural Waterways: Those areas, varying in width, along streams, creeks, gullies, springs, or washes which are natural drainage channels.

Nonconforming Lot: See Lot, Nonconforming.

Nonconforming Sign: See Sign, Nonconforming.

Nonconforming Structure: See Structure, Nonconforming.

Nonconforming Use: See Use, Nonconforming.

Office, General: A building, room or department where executive, management, administrative or professional services are provided, except medical services, and excluding the sale of merchandise, except as incidental to a principal use. Typical uses include real estate brokers, insurance agencies, credit reporting agencies, property management firms, investment firms, employment agencies, travel agencies, advertising agencies, secretarial services, data processing, telephone answering, telephone marketing, paging and beeper services and facsimile transmission services; post offices and express mail offices, excluding major mail processing and distribution; offices for utility bill collection; professional or consulting services in the fields of law, architecture, design, engineering, accounting and similar professions; interior decorating consulting services; and business offices of private companies, utility companies, public agencies, trade associations, unions and nonprofit organizations.

Open Space: Conservation areas, and other generally unobstructed land such as, but not limited to, landscaped buffers and yards, parks, trails, meadows, pastures, and farm fields.

Other Nonconformity: A situation other than a nonconforming lot, structure, or use that:

1. Legally existed before the current zoning designation of the lot or parcel where the nonconformity is located; and
2. Because of subsequent zoning changes, does not conform with applicable requirements of this Title.

Operations Center: A maintenance, repair, or service facility operated by a local, state, or federal government agency.

Outdoor Nursery/Grower’s Outlet: An establishment or premises where nursery products, such as flowers, shrubs, and trees, intended for ornamental or landscaping purposes, are sold at retail to the general public from covered or open air areas on a temporary or seasonal basis.

Owner: Any person who alone, jointly or severally with others, or in a representative capacity (including without limitation, an authorized agent, executor or trustee) has legal or equitable title to any property.

Parcel: Any real property, regardless of any label, that is not a lot in a recorded subdivision, as more particularly defined in Utah Code § 10-9a-103.

Park: A playground or other area or open space providing opportunities for active or passive recreational or leisure activities.

Park Strip:  The area located between the top back of the curb line to the front face, street side of the sidewalk or to the right-of-way when no sidewalk is present, but not including driveways, sidewalks, or trails.

Parking Bay: A parking area within a parking lot consisting of one or two rows of parking spaces and the aisle from which motor vehicles may enter and exit parking spaces.

Parking, Commercial: A paved area or structure, other than a street, alley, or driveway, specifically designed and developed for the paid parking of motor vehicles on a temporary basis, other than accessory to a principal use.

Parking Garage: See Garage, Parking.

Parking Lot: An open area other than a street, alley, or driveway, 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: An area designated within a building, parking lot, or other parking area for the parking or storage of one motor vehicle.

Parking, Tandem: A parking space which abuts a driveway or parking aisle and is used to access one other parking space.

Pawn Shop: Any person or establishment engaged in any of the following:

1. Lending money on deposit of personal property;
2. Dealing in the purchase, exchange, or possession of personal property on condition of selling the same back again to the pledgor or depositor;
3. Lending or advancing of money on personal property by taking chattel mortgage security thereon and taking or receiving possession of such personal property; or
4. Selling unredeemed pledged personal property together with such new merchandise as will facilitate the sale of such property.

Perimeter Building Pad: A separate building location (usually along the street frontage) developed or designated in connection with a larger commercial site.

Permanent Cosmetics: A permanent or semi-permanent cosmetic treatment involving the controlled insertion of pigments into and under the skin as a means of producing designs that resemble makeup for areas of the body such as the eyebrows, eyelids, lips, and/or other parts of the body for beauty marks, hair imitation, lash enhancement, scar camouflage, or for other medical or cosmetic purposes. The cosmetic implantation technique deposits pigment in between the epidermis and dermis. Permanent cosmetics include permanent makeup, micro-pigmentation, micro-pigment implantation, micro-blading, and dermagraphics. Permanent cosmetics does not include any medical procedure performed by an individual licensed under the Utah Medical Practices Act as set forth in Title 58, Chapter 67 of the Utah Code, or licensed under the Utah Osteopathic Medical Practices Act as set forth in Title 58, Chapter 8 of the Utah Code.

Person: An individual, firm, partnership, corporation, company, association, joint stock association, or governmental entity, including a trustee, receiver, assignee or similar representative of any of the forgoing.

Personal Care Provider: A person who resides in the same dwelling unit as a family and who, with or without payment, provides daily physical, medical, or other assistance to another person on an on-going basis.

Personal Care Service: An establishment primarily engaged in the provision of frequently or recurrently needed services of a personal nature. Typical uses include, beauty and barber shops, custom tailoring and seamstress shops, electrolysis studios, portrait studios, shoe repair shops, tailors, tanning and nail salons, and weight loss centers. The term excludes Permanent Cosmetics and Body Art Facility.

Personal Instruction Service: An establishment primarily engaged in the provision of informational, instructional, personal improvement and similar services of a nonprofessional nature. Typical uses include art and music schools, driving and computer instruction, gymnastic and dance studios, handicraft or hobby instruction, health and fitness studios, massage therapist instruction, martial arts training, and swimming clubs.

Personal Service Provider: A person who resides in the same dwelling unit as a family and who provides personal services such as a butler, maid, gardener, caretaker, and the like. 

Planned Center: A development comprised of mixed uses where landscaping, parking and other improvements are provided in a comprehensive and integrated fashion pursuant to a conditional use permit.

Planning Commission: The Planning Commission of Centerville City, Utah.

Plat: A map or depiction of a subdivision showing thereon the division of a tract or parcel of land into lots, blocks, and streets.

Plot Plan: A schematic scaled drawing of a building lot or parcel, or a development which:

1. Is less detailed than a site plan; and
2. Indicates, as may be required by this Title, the placement and location of yards, property lines, adjacent parcels, utilities, topography, waterways, irrigation, drainage, landscaping, parking areas, driveways, buildings, trash containers, open storage, streets, sidewalks, curbs, gutters, signs, lighting, fences and other features of existing or proposed construction or land use.

Post Office: A facility or structure owned by the U.S. Postal Service and used for collecting, sorting or  distributing mail within one or more zip code areas, or providing limited retail services for the general public, such as the sale of stamps, postcards and postal insurance.

Printing and Copying, Limited: A business establishment engaged in retail photocopying, reproduction, photo developing or blueprinting services.

Printing, General: The production of books, magazines, newspapers and other printed matter, as well as publishing, engraving and photoengraving, but excluding Printing and Copying, Limited uses.

Produce Stand: A booth, stall or other area where produce is sold to the general public.

Protective Service: A facility for conduct of public safety and emergency services, including fire and police protection services and emergency medical and ambulance services.

Protective Housing Facility: A facility operated, licensed or contracted by a governmental entity, or operated by a charitable, non-profit organization, where, for no compensation, temporary, protective housing is provided to:

1. Abused or neglected children awaiting placement in foster care;
2. Pregnant or parenting teens;
3. Victims of sexual abuse; or
4. Victims of domestic abuse.

Public: That which is under the ownership or control of the United States Government, Utah State or any subdivision thereof, Davis County, or the City  (or any departments or agencies thereof).

Public Entrance: An entrance to a building or premises customarily used  or intended for use by the general public but excluding fire exits, special employee entrances, and loading dock entrances not generally used by the public.

Public Transportation Station: A public transportation passenger facility, where riders may board, exit, and transfer public transit vehicles. Depending on the type of transportation system, stations may be street-level boarding, low-level platform boarding, or high-level platform boarding. The location of the station may be located in the center or sides of a public street right-of-way.  

Public Utility Substation: Any above-ground device of a culinary water, irrigation, sewer, natural gas, electrical, telecommunications (including but not limited to radio, telephone and cellular telephone), cable television, or other public or private utility system. Excluded from this definition are:

1. Conventional utility poles, features or equipment to be placed on such a pole, light poles; and
2. Features or equipment whose primary benefit is limited to the building or land use where the feature or equipment is located.

Reasonable Accommodation: A change in a rule, policy, practice, or service necessary to afford a person with a disability equal opportunity to use and enjoy a dwelling. As used in this definition:

1. “Reasonable” means a requested accommodation will not undermine the legitimate purposes of existing zoning regulations notwithstanding the benefit that the accommodation would provide to a person with a disability.
2. “Necessary” means the applicant must show that, but for the accommodation, one or more persons with a disability likely will be denied an equal opportunity to enjoy housing of their choice.
3. “Equal opportunity” means achieving equal results as between a person with a disability and a non-disabled person.

Reception Center: A facility rented for private social gatherings. 

Recreation and Entertainment, Indoor: An establishment offering recreation, entertainment or games of skill to the general public that is wholly enclosed in a building. Typical uses include bowling alleys, indoor theaters, bingo parlors, pool halls, billiard parlors, video game arcades, racquetball and handball courts, and amusement rides.

Recreation and Entertainment, Outdoor: An establishment offering recreation, entertainment or games of skill to the general public or members wherein any portion of the activity takes place in the open. Typical uses include archery ranges, batting cages, golf driving ranges, drive-in theaters, miniature golf courses, tennis courts, and amusement rides.

Recreational Vehicle: A vehicular unit designed as a temporary dwelling for travel, recreation, and vacation use that is either self propelled or is mounted on or pulled by another vehicle, including, but not limited to, a travel trailer, truck camper, or motor home.

Recreational Vehicle Park: Any site, tract, or parcel of land on which facilities have been developed to provide temporary living quarters for two or more recreational vehicles. 

Recycling Collection Station: One or more outdoor freestanding containers available to the general public occupying an area not greater than 400 square feet (exclusive of area required for vehicular access) and designed to receive and store recyclable materials.

Regulating Plan: The key map for the South Main Street Overlay Zone and the associated Building Envelope Standards that provide specific information on location of lots and districts within the zone, their relation to one another and to the surrounding neighborhoods.

Rehabilitation/Treatment Facility: A facility licensed by or contracted by the State of Utah to provide temporary occupancy and supervision of adults or juveniles in order to provide rehabilitation, treatment, counseling, or educational services. Without limitation, such services may include rehabilitation, treatment, counseling, or assessment and evaluation services related to delinquent behavior, alcohol and drug abuse, sex offenders, sexual abuse, or mental health.

Repair Service: An establishment primarily engaged in providing repair services to individuals and households rather than firms, but excluding vehicle and equipment repair services. Typical uses include appliance repair shops, computer and other electronic equipment repair shops, furniture repair and upholstery shops, watch or jewelry repair shops, and musical instrument repair shops.

Required Building Line (RBL):  The building must be built to the RBL and/or range as established for the appropriate lot characteristics in this Title. This RBL or range is not a minimum setback, but the envelope in which the front of the building must be situated.

Research Service: An establishment engaged in industrial, medical, or scientific inquiries.

Residence: A dwelling unit where an individual is actually living at a given point in time and intends to remain, and not a place of temporary sojourn or transient visit.

Residential Facility for Persons With a Disability: A residence in which more than one person with a disability resides as provided in Utah Code § 10-9a-516 and § 10-9a-520, and which is licensed or certified by the Utah Department of Health under Utah Department of Health under Utah Code § 26-21-1, et seq. 

Restaurant, Eatery:  A small informal establishment that sells ready-to-eat food and beverages as part of a larger building and does not utilize a drive-through facility.

Restaurant, Fast-food: An establishment that sells ready-to-eat food and beverages quickly and which has one or more of the following characteristics:

1. Food and beverage orders are not taken at the customer’s table;
2. Food and beverages are generally served in disposable wrapping or containers; or
3. Food and beverages are offered directly to the customer in a motor vehicle from a “drive-up” service window.

Restaurant, General: An establishment that derives not less than 50% of its gross receipts from the sale of food and beverages for consumption on the premises and which has one or more of the following characteristics:

1. Food and beverage orders are taken at the customer’s table from an individually-provided menu;
2. Food and beverages are served in non-disposable containers by a restaurant employee at the same table or counter where said items are consumed;
3. Food and beverages are generally self-served in non-disposable containers and consumed on the premises; or 
4. A restaurant having some characteristics of a fast-food restaurant, other than drive-up service, which is located exclusively within a shopping center, shares common parking facilities with other businesses within the center, and has access to a common interior pedestrian access way.

Retail, General: An establishment that rents or sells goods to the public, but excluding any use specifically classified in another definition herein. Typical uses include apparel stores, antique shops, art and hobby supply stores, bicycle shops, bookstores, clothing rental stores, department stores, discount stores, drugstores, electronic appliance stores, florists, food stores, furniture and appliance stores, gift and novelty shops, glass and mirror shops, hardware stores, jewelry stores, medical supply stores, music stores, optical retail sales, paint stores, pet stores, photocopying and blueprinting shops, photography supply stores, record, tape and video stores, sporting goods stores, toy stores and variety stores.

Retail, Specialty: A retailer concentrating on selling a limited or select merchandise line of goods for a particular and usually selective clientele. Examples are bicycle shops, music stores, florists, bagel shops, photo supply stores and antique shops. Specialty Retailers have a narrow but deep selection in their specialty.

Riding Academy or Stable: A commercial establishment that boards, breeds, trains, or raises horses not owned by the owner or operator thereof; or rents horses for riding or other equestrian activities.

Roof Line: The highest point on any building where an exterior wall encloses usable floor space (including roof areas for housing mechanical equipment) and the highest point on any parapet wall if the parapet wall extends around the entire perimeter of the building.

School, Elementary, Middle, or High: Any building or group of buildings or premises approved by the State of Utah for public or private elementary or secondary instruction.

School, Vocational: An establishment, for profit or not, offering regularly scheduled instruction in technical, commercial or trade skills, including but not limited to business, real estate, building and construction trades, electronics, computer programming and technology, automotive and aircraft mechanics and technology, and similar types of instruction.

Secondhand Store: A retail establishment that engages in the purchase and resale of used goods such as clothing, furniture, appliances, books, and other household items.

Senior Center: A facility sponsored or administered by a public or private entity which provides residences or other services for senior citizens.

Senior Housing: A residential development designed for and marketed to adults at or near retirement age which may include a variety of housing types, such as independent living units, congregate housing, assisted living facilities, and skilled nursing care facilities.

Sensitive Land: Any land area whose destruction or disturbance could affect the health, safety, or welfare of City residents, including wetlands, steep slopes, flood plains, and unstable soils.

Setback: The distance on a lot or parcel between a building line and a property or designated right-of-way line as shown on the Master Street Plan.

Sexually Oriented Business: Businesses defined and regulated under CMC 6.5 (Sexually-Oriented Businesses) and CZC 12.66 (Sexually-Oriented Businesses).

Shopping Center: A group of three or more commercial establishments that is planned, developed, and managed as a unit with common areas for off-street parking and landscaping provided on the property.

Sign: Any object, device, display, or structure, or a part thereof, which is used to advertise, identify, display, direct or attract attention to an object, person, institution, organization, business, product, service, event or location by any means, including words, letters, figures, designs, symbols, fixtures, colors, illumination, or a projected image, but not including the lawful display of merchandise, approved artificial landscaping, or approved structures which are lighted for the purpose of providing illumination to parking areas, sidewalks or streets.  The term “sign” shall include the sign structure, supports, lighting system and any attachments, ornaments or other features used to attract attention.  

Sign, "A" Frame: Any portable freestanding structure constructed of two separate sign faces attached at the top or attached back-to-back in manner that forms a triangular vertical cross section.

Sign Alteration: Changing or rearranging any structural part, sign face, enclosure, lighting, coloring, copy (except on Changeable Copy Signs), graphics, component, or location of a sign.

Sign, Animated: A sign with parts or sections which revolve or move or which has flashing or intermittent lights, but not including electronic message signs.

Sign Area: The portion of a sign used for display purposes as provided in CZC 12.54.060.

Sign, Balloon:  A temporary sign comprised of an inflated nonporous object filled with air, helium or other gas affixed to a building or lot for the purpose of advertising, identifying, displaying, directing or attracting attention to an object, person, institution, organization, business, product, service, event or location.

Sign, Banner: A sign made of fabric, plastic, or other light pliable material.

Sign, Billboard: A freestanding sign that identifies or communicates a commercial or noncommercial message regarding an activity, service, product, or matter that is not conducted on or related to the lot or parcel where the sign is located.

Sign, Changeable Copy: A sign on which text or copy is changed manually or electronically, but not including poster panels or painted bulletins.

Sign Clearance: The height of the lower edge of the face of a sign from the finished grade.

Sign, Conforming: A sign which meets all provisions of this Title.

Sign, Double-Faced: A sign where the faces are mounted back to back and which has an interior angle between the two faces of 30 degrees or less.

Sign, Electronic Message: A display consisting of an array of light sources, panels or disks which are electronically activated.

Sign Face: The surface of a sign upon, against or through which a message is displayed or illustrated.

Sign, Freestanding: A sign which is supported by a fixed permanent frame or support mounted in the ground with the sign portion elevated at least 10 feet above the ground.

Sign, Freeway-Oriented: A freestanding sign for property immediately abutting I-15 and within 600 feet of the centerline of Parrish Lane.

Sign Height: The vertical distance measured from the elevation of the nearest top back of curb, or, if there is no curb within 25 feet, from the lowest point of the finished grade on the lot or parcel on which a sign is located and within 25 feet of the sign, to the uppermost point on the sign or the sign structure.  

Sign, Illuminated or Lighted: A sign equipped with artificial lighting devices for the purpose of improving the sign's visibility.

Sign, Low-Profile: A sign mounted directly, or in close proximity, to the ground, and not over six feet in height from the top of any required landscaped berm to the top of the sign cabinet which is incorporated into some form of landscaping design scheme, planter box, or berm.

Sign Maintenance: The replacing, repairing, or repainting of a portion of a sign structure, periodic changing of bulletin board panels, or renewing of copy that has been made unusable by ordinary wear and tear, weather or accident.

Sign, Movable: A sign, with or without changeable copy, intended for temporary use which is not permanently affixed to the ground or a structure such as an A-frame, poster, banner, or similar sign.

Sign, Nonconforming: A sign or sign structure which lawfully existed at the time an applicable zoning or other ordinance became effective but which does not presently conform to all the requirements of this Title.

Sign, Off-Premise: Any sign, including a billboard or general outdoor advertising device, that advertises or directs attention to a business, commodity, service, activity, or matter conducted, sold, or offered elsewhere than on the same lot or parcel upon which such sign is located.

Sign, On-Premise: A sign located on the lot or parcel which it serves.

Sign, Pole: See Sign, Freestanding.

Sign, Poster: A temporary paper sign.

Sign, Projecting: A sign attached to a building or extending in whole or in part 15 inches or more horizontally beyond the surface of the building to which the sign is attached.

Sign, Promotional: Temporary devices such as banners, streamers, flags, balloons, pennants, trailer signs and inflated signs.

Sign, Roof: A sign that projects over a roof and is wholly or partly supported by the roof. 

Sign Separation: The horizontal distance between two or more signs without regard to property lines.

Sign Setback: The horizontal distance between a property line and the closest edge of a sign structure.

Sign, Temporary: A sign intended to be displayed for a temporary period of time.

Sign, Wall:  A sign displayed upon or against the wall of a building, where the exposed face of the sign is parallel to the wall and extends not more than 15 inches horizontally from the face of the wall.

Site Plan: A schematic, scaled drawing of a building lot or parcel or location which indicates, as may be required by this Title, the placement and location of yards, property lines, adjacent parcels, utilities, topography, waterways, irrigation, drainage, landscaping, parking areas, driveways, buildings, trash containers, open storage, streets, sidewalks, curbs, gutters, signs, lighting, fences and other features of existing or proposed construction or land use.

Solid To Void Ratio:  The mathematical ratio between openings or voids (windows, glazing, etc.) and the structural elements along the wall line of a building resulting in a percentage of elements that allow light and views between the interior and exterior. Its purpose is to establish a required minimum amount of void area, usually windows, along the wall line of a building.

Special Exception: An activity or use incidental to or in addition to a principal use permitted in a zoning district or an adjustment to a fixed dimension standard permitted as an exception to the requirements of this Title.

Stable: See Riding Academy or Stable.

Standards and Specifications:  The construction and engineering standards and specifications as adopted by the City.  May also be referred to as City standards, engineering standards, or specifications.  

Start of Construction: The issuance date of a building permit, provided that construction, repair, reconstruction, placement, or other improvement begins within 180 days of the permit date. “Begins” means either the first placement of permanent construction of a structure on a site, such as the pouring of a slab 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. “Begins” does not include:

1. Land preparation, such as clearing, grading and filling; 
2. Installation of streets and/or walkways; 
3. Excavation for a basement, footings, piers, or foundations or the erection of temporary forms; or
4. Installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure.

Storage, Climate Controlled: A type of self-storage use that provides climate controlled storage, within a single building or suite, containing one or more enclosed areas providing individually accessible interior compartments within the building, each of which is leased to the general public for the purpose of storing non-hazardous personal property of households and businesses, and not used for residential occupancy, the conducting of business operations, the storage of vehicles, or storage of bulky commercial/industrial types of machinery.

Story: The space within a building between the surface of a floor and the surface of the floor or roof above it. 

Story, Half: A story with at least two 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.

Street: A public or private right-of-way, including avenues, highways, boulevards, parkways, roads, lanes, walks, alleys, tunnels, bridges, public easements, and other ways, that provides access to adjoining property. The street definitions set forth in CMC 15, shall apply to this Title.

Street Frontage:  This refers to the building line coincident with the street Right-of-Way (ROW) or the Required Building Line (RBL).

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

Structure: Any building, shelter, sign, wall, fence, pole or other improvement with a fixed location on the ground above grade constructed or installed by man and permanently attached to the ground, but not including poles, lines, cables, pipelines, or other transmission or distribution facilities of utilities.

Structure, Nonconforming: A structure that:

1. Legally existed before its current zoning designation; and 
2. Because of subsequent zoning changes, does not conform with the setback, height restrictions, or other applicable requirements of this Title.

Subdivider: Any person who undertakes to create a subdivision.

Subdivision: Any land that is divided, resubdivided, or proposed to be divided into two or more lots, parcels, sites, units, plots, 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. Subdivision includes:

1. The division or development of land whether by deed, metes and bounds description, devise and testacy, lease, map, plat, or other recorded instrument, and
2. Divisions of land for all residential and nonresidential uses, including land used or to be used for commercial, agricultural, and industrial purposes.
3. “Subdivision” does not include:
   
   1. A recorded agreement between owners of adjoining properties adjusting their mutual boundaries if no new lot or parcel is created and the adjustment does not result in a violation of applicable requirements of this Title; or
   2. A recorded document, executed by the owner of record, revising the legal descriptions of more than one contiguous parcels of property into one legal description encompassing all such parcels of property. 

Substantial Action: Action taken in good faith to diligently pursue any matter necessary to obtain approval of an application filed pursuant to the provisions of this Title, or to exercise development rights authorized pursuant to such an approval.

Substantial Alteration:  Any repair, construction, reconstruction, or other such improvement to a building, structure, lot, or parcel that results in any increase more than 30% of the floor area or 50% of the value of the building, structure, or premises; and for property located in a commercial zone, substantial alteration also means any change that requires the issuance of a new certificate of occupancy. For the purpose of this definition, substantial alteration is considered to occur when the first alteration commences and includes any subsequent changes in a cumulative calculation for defining the term substantial.  

Substantial Improvement: Any repair, reconstruction, or improvement of a structure, the cost of which equals or exceeds 50% of the market value of the structure either before the improvement or repair is started, or, if the structure has been damaged and is being restored, before the damage occurred. 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.

Tobacco, Specialty Retail: A commercial establishment in which the sale of tobacco products accounts for more than 35% of the total annual gross receipts for the establishment, as more particularly defined in Utah Code § 10-8-41.6.

Tandem Parking: See Parking, Tandem.

Tavern: An establishment licensed by the Utah Alcoholic Beverage Control Commission for serving liquor by the drink to the general public.

Temporary Trailer: A temporary trailer or structure utilized solely by a builder during construction of a project for purposes incidental to the construction work on the property.

Temporary Dwelling: See Dwelling, Temporary.

Total Floor Area: See Floor Area, Total.

Towing and Impound Yard:  The temporary storage of vehicles that have been towed, carried, hauled or pushed from public or private property for impoundment in a public or private impound yard. This use does not include vehicle rental or sale new or used, vehicle repair, automobile wrecking yard, junk or salvage yard, or a freight terminal. No vehicle shall remain for more than 90 days on a lot. If vehicles are found on the lot for more than 90 days, the lot shall be considered an automobile wrecking yard and/or a junk and salvage yard, which is strictly prohibited in all zones. All Towing and Impound yards shall follow the proper screening requirements found in CZC 12.51.110 and shall follow all state requirements found in Utah Code § 41-1a-1101, and Utah Admin. R. R873-22M-17.  

Trailer Park: Any area or tract of land used or designed to accommodate two (2) or more travel trailers or camping parties.

Transitional Housing Facility: A facility owned, operated or contracted by a governmental entity, or a charitable, non-profit organization, where, for no compensation, temporary housing (for usually 3 to 24 months) is provided to homeless persons, while they obtain work, job skills, or otherwise take steps to stabilize their circumstances. A transitional housing facility shall not include a homeless shelter.

Transportation Service: An establishment that moves people or goods and services. Typical uses include taxicab service, passenger autos for rent with drivers, ambulance service, and parcel delivery service.

Travel Trailer: A vehicle, other than a motor vehicle, which is designed or used for temporary human habitation and for travel or recreational purposes, which is less than eight feet in width and 40 feet in length, and which may be moved upon a public highway without a special permit or chauffeur's license without violating vehicle or traffic codes, including but not limited to camp trailers and folding tent trailers.

Twinhome: Two single-family dwelling units connected by a common wall and located on adjacent, contiguous, and individually owned lots or parcels.

Unique Characteristics: Elements of design that are regulated by this Title which can be modified for businesses or properties within a zone.

Use: Any purpose for which a lot, parcel, or structure is designed, arranged or intended, or for which it is occupied or maintained.

Use, Accessory: A use incidental and subordinate to a permitted or conditional use and located on the same lot or parcel as such use.

Use, Conditional: A main use that, because of its unique characteristics or potential impact on the municipality, 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.

Use, Illegal: A use that is not allowed where located as an accessory use, conditional use, permitted use, or non-conforming use.

Use, Incompatible: A use of land which is different in activity, intensity, or utilization which is or will be in conflict with uses on adjoining lots or parcels.

Use, Main: The primary purpose for which a lot, parcel, or structure is designed, arranged or intended, or for which it is occupied or maintained as allowed by the provisions of this Title. 

Use, Nonconforming: A main use of land that:

1. Legally existed before the current zoning designation of the land where the use is located;
2. Has been maintained continuously since the time the zoning designation governing the land changed; and 
3. Because of subsequent zoning changes does not conform with applicable requirements of this Title. 

Use, Permitted: A main use of a building or land allowed in one or more of the respective zones set forth in this Title which does not require City approval, subject to compliance with applicable provisions of this Title.

Use, Temporary: A use not allowed as a permitted, conditional or accessory use where located and which is established for a limited time with the intent to discontinue the use upon expiration of the time period authorized by a temporary use permit.

Utility, Major: A facility, other than collection or distribution lines or supporting structures thereto, of any agency which, under public franchise or ownership, provides the general public with electricity, gas, heat, steam, communication, rail transportation, water, sewage collection or other similar service. The term "utility" shall not be construed to include corporate or general offices, storage or service buildings or yards, gas or oil processing, manufacturing or storage facilities or postal facilities, or other uses defined in this Section. Typical uses include commercial radio, television and microwave communication towers, electric generation plants or substations, railroad switching yards, reservoirs, sanitary landfills and water and wastewater treatment plants. 

Utility, Minor: Facilities of agencies that are under public franchise or ownership to provide services deemed necessary to support development which involve only minor structures, such as poles and lines, but not including public utility substations.

Utility Substation: See Public Utility Substation.

Variance: A modification granted by the Board of Adjustment to a zoning requirement for height, bulk, area, width, setback, separation, or other numerical or quantitative requirement for a building or structure or other site improvements as set forth in this Title.

Vehicle: A properly licensed automobile, truck, trailer, boat or other device in which a person or thing is or can be transported from one place to another.

Vehicle and Equipment Rental or Sale: An establishment engaged in the retail or wholesale sale or rental, from the premises, of equipment or motorized vehicles, except motorcycles, automobiles, and light trucks, along with incidental service or maintenance. Typical uses include new and used truck sales and rental, boat sales, construction equipment rental yards, moving truck and trailer rental, and farm equipment and machinery sales and rental.

Vehicle Rental or Sale, New, Limited: An establishment engaged in the retail sale or rental, from the premises, of new motorcycles, automobiles, and/or light trucks, along with incidental service or maintenance. Typical uses include major dealers of new motorcycles, automobiles, and light trucks.

Vehicle Rental or Sale, Used, Limited: An establishment engaged in the retail sale or rental, from the premises, of used motorcycles, automobiles, and/or light trucks, along with incidental service or maintenance. Typical uses are small independent dealers of used motorcycles, automobiles, and light trucks.

Vehicle and Equipment Repair, General: An establishment primarily engaged in the major repair or painting of motor vehicles or heavy equipment, including auto body repairs, installation of major accessories and transmission and engine rebuilding services. Typical uses include major automobile repair garages, farm equipment repair and paint and body shops.

Vehicle Repair, Limited: An establishment providing motor vehicle repair or maintenance services within completely enclosed buildings, but not including paint and body shops or other general vehicle repair services. Typical uses include businesses engaged in the following activities: electronic tune-ups, brake repairs (including drum turning), air conditioning repairs, generator and starter repairs, tire repairs, front-end alignments, battery recharging, lubrication, and sales, repair and installation of minor parts and accessories such as tires, batteries, windshield wipers, hoses, windows, etc.

Veterinary Service: An establishment providing medical care and treatment for animals, which may include accessory grooming or boarding services.

Vicinity Plan: A drawing showing the relationship of proposed real property development to adjoining property.

Warehouse, Self-Service Storage: An enclosed storage facility of a commercial nature containing independent, fully enclosed bays which are leased to persons exclusively for storage of their household goods or personal property.

Wholesale and Warehousing, General: An establishment that is primarily engaged in the storage and sale of goods to other firms for resale, as well as activities involving significant movement and storage of products or equipment. Uses include major mail distribution centers, frozen food lockers, moving and storage firms, and warehousing and storage facilities.

Wholesale and Warehousing, Limited: An establishment that is engaged in the small scale storage and sale of goods to other businesses for resale, excluding self storage warehouses, major distribution centers, motor freight terminals, moving and storage firms and similar high volume, high turnover facilities. Limited wholesale and warehouse area will generally be under 50,000 square feet in area and operate during conventional business hours.

Wireless Telecommunication Facility: An unmanned structure consisting of antennas, antenna support structures, or other equipment used to provide personal wireless services as set forth in Section 704 of the Telecommunications Act of 1996, as amended.

Yard: An open space on a lot or parcel that is unoccupied and unobstructed from the ground upwards by buildings, except as specifically provided in this Title.

Yard, Front: A space extending across the full width of a lot or parcel between the front building line and the front lot line. The depth of the front yard is the minimum distance required by this Title between the front lot line and the front building line.

Yard Measurement: In measuring a yard for the purpose of determining the width of a side yard, the depth of a front yard or the depth of a rear yard, the least horizontal distance between a lot line and a building. 

Yard, Rear: A space extending across the full width of a lot or parcel between the rear building line and rear lot line. The depth of the rear yard is the minimum distance required by this Title between the rear lot line and rear building line.

Yard, Side: A space extending from the front yard to the rear yard between the side building line and the side lot line. The width of the side yard is the minimum distance required by this Title between the side lot line and the side building line.

Zone: An area of the incorporated territory of the City which has been given a designation which regulates and restricts the erection, construction, reconstruction, alteration, repair or use of buildings or structures, or the use of land all as set forth in this Title.

Zoning Administrator: The person charged with principal responsibility for interpreting and applying the provisions of this Title.

Zoning Code: The regulations contained in this Title.