For the purpose of this title, certain words and terms that are found herein shall be defined as found in this chapter. (Ord. 2009-19, 11-24-2009)

As they are defined in this chapter, words used in the present tense shall also include the future tense; words in the singular number shall also include the plural, and the plural the singular; words not included herein but which are defined in any adopted building codes, shall be as defined therein. The word "shall" means mandatory. (Ord. 2009-19, 11-24-2009)

ABANDONED, ABANDONMENT: A use, structure or object shall be deemed abandoned when that use, structure or object has not been used, maintained or practiced for a continuous period of twelve (12) months.

ACCESSORY BUILDING: A building or structure in which the use is incidental to and subordinate to that of the main building or structure. An accessory building shall not be used as a dwelling. Accessory buildings shall be permitted in all zones, subject to the regulations set forth in this title.

ACCESSORY USE: A use which is incidental and subordinate to the prescribed permitted use within any respective zoning provisions.

AGRICULTURAL RECREATION: Leisurely activities involving crops or farm animals, such as corn mazes, horseback riding, or competitive activities such as rodeos.

AGRICULTURE: The tilling of the soil, the raising of crops, horticulture and gardening, the keeping and raising of farm animals or fowl. This definition shall not include any agricultural industry or business such as fruit packing plants, fur farms, animal hospitals or similar uses.

ALLEY: A public thoroughfare for the use of pedestrians and vehicles which affords, or is designated or intended to afford, a secondary means of access to abutting properties.

AMUSEMENT OR RECREATION FACILITY: A building or structure, or portion thereof, where indoor or outdoor amusement or recreation activities are held.

ANIMAL UNIT: The keeping of not more than the following number of domestic animals:

   A.   One head of horses or cattle, or animal of similar size; or

   B.   Two (2) head of pigs or sheep, or animals of similar size; or

   C.   Eight (8) head of rabbits or other noncarnivorous animals of similar size.

APARTMENT: A rented room or a suite of two (2) or more rented rooms designated for, or intended for, or occupied by one family for living and sleeping purposes.

APIARY: Any place where one or more colonies of honeybees are located.

AREA: The aggregate of the maximum horizontal cross section with given boundaries.

ARENA: A building or structure, or portion thereof, used for the gathering of persons for the purpose of viewing or participating in athletic events.

ASSISTED LIVING FACILITY: A congregate residential facility for elderly persons, having physical or mental limitations, who receive assistance with activities of daily living or instrumental activities of daily living (ADLs or IADLs). The facility is licensed with the State of Utah as a Type II facility and provides services that may include but are not limited to meals, laundry, housekeeping, medication reminders and/or administration of medication, intermittent nursing care, transportation, social/recreational activities, hairdressing, and other services allowed by the state license. The occupants are generally capable of responding to an emergency situation without physical assistance from staff. An assisted living facility may be comprised of one or more buildings on a single site or contiguous parcels and is limited to a maximum height of two stories. This definition shall not include any building or structure which meets the definition of a “group home for the elderly”, “group home for persons with a disability”, or “detention or rehabilitation facility”.

AUDITORIUM: A building or structure, or portion thereof, used for the gathering of persons for purposes such as civic, social or religious functions.

AUTOMOBILE RECYCLING: Any activity that involves obtaining or storing scrap vehicles and/or parts for the purpose of recycling the parts, selling the vehicles or parts, using those parts to repair vehicles, or recycling the vehicle for the purpose of recovering raw materials.

AUTOMOBILE REPAIR: Any activity that involves the repair of any passenger auto, pickup truck, trailer, semitrailer, recreational vehicle or other vehicle where the repair includes, but is not limited to, bodywork and collision repair; the rebuilding of engines, transmissions, or differentials; electrostatic or air gun spray painting of vehicles; inspections; tune ups; oil changes; glass, tire, or brake work; or similar repairs.

BAKERY: A building or structure, or portion thereof, where items of food are baked or sold.

BARN: A building or structure, or portion thereof, used to house farm implements, hay, grain, poultry, livestock or other horticulture products. This structure shall not be a place of human habitation or a place of employment.

BASEMENT: A story partly or wholly underground. A basement shall be counted as a story for height measurement where more than one-half (1/2) of its height is above the average level of the adjoining ground or where more than three-fourths (3/4) of any wall is above the level of the adjoining ground.

BEEKEEPER: A person who owns one or more colonies of honeybees for the purpose of: a) collecting honey and beeswax, b) pollinating crops, or c) producing bees for sale to other beekeepers.

BEEKEEPING: The maintenance of honeybee colonies, commonly in hives, in order to collect and sell honey and beeswax, or to produce bees for sale or to pollinate crops.

BEEKEEPING EQUIPMENT: Anything used in the operation of an apiary, such as, but not limited to, hive bodies, supers, frames, top and bottom boards, and extractors.

BEHAVIOR, DRUG, OR ALCOHOL TREATMENT FACILITY: A building or structure, or portion thereof, used for the treatment of persons with behavioral dysfunctions, impairments, or drug or alcohol dependencies less than twenty four (24) hours per day. This definition shall exclude detention or rehabilitation facilities. Sleeping rooms or any type of residential occupancy shall not be allowed.

BUILDING: Any structure having a roof supported by columns or walls, intended or used for the shelter, housing or enclosure of any person, animal, chattel, or property of any kind.

BUILDING HEIGHT: The vertical distance measured from the average elevation of the finished grade of the front yard to the highest point of the roof. Those structures set forth in section 11-13-11 of this title shall be excluded from said measurement.

BUILDING LINE: A line parallel to the front lot line at a distance equal to the required setback of the zone and extending across the whole width of the lot.

BUILDING, MAIN: The principal building on a lot or building site designed or used to accommodate the primary use to which the premises is 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 shall be construed to be a main building.

BUSINESS: All activities, together with any devices, machines or vehicles used therein, for the purpose of gain or economic profit.

BUSINESS SERVICES: Uses which primarily serve the daily needs of the business or professional community, such as banks, business and office supply stores, copy centers, civic administration, employment services and so on.

CARPORT: A covered automobile parking space, open on at least two (2) sides (except for necessary supporting columns and customary architectural features), and in which no business for profit is conducted. For the purposes of this title, a carport shall be subject to all regulations prescribed for a private garage except as otherwise provided.

CEMETERY: A parcel of land used for the burial of deceased persons.

CHECK CASHING: Cashing a check for consideration or extending a deferred deposit loan.

CHURCH: A building or structure, or portion thereof, used for the performance of religious services.

CLUBS AND LODGES: Includes chartered nonprofit social clubs or lodges with or without dining facilities composing a branch of a fraternal order, or society such as Elks, Masons, American Legion, Eagles, Optimists, Odd Fellows, Kiwanis, Rotary and other similar nonprofit organizations and is open only to members and their duly authorized guests. This definition shall exclude taverns.

COLLEGE OR UNIVERSITY: A building or structure, or portion thereof, used for educational instruction above the twelfth grade.

COLONY: Honeybees in any hive including queens, workers, drones or brood.

CONDOMINIUM: A structure consisting of two (2) or more units, each under individual ownership, but each subject to certain joint agreements and covenants.

CONVALESCENT FACILITY: A building or structure, or portion thereof, in which people are cared for during the time of recovery from an operation, injury, or physical illness. The facility may also contain areas for physical therapy. This definition shall not include any building or structure which meets the definition of a "group home for the elderly", "group home for persons with a disability", or "detention or rehabilitation facility".

CONVENIENCE STORE: A place of retail business primarily engaged in the sale of food or drink for consumption either on or off premises and/or the retail sale of motor fuel from pumps on the site.

COURTYARD: An unoccupied space on the lots, other than a required yard, designed to be partially surrounded by a building or group of buildings.

DAYCARE FACILITY: A commercial building or structure, or portion thereof, occupied by persons of any age who receive custodial care for less than twenty four (24) hours a day by individuals in a place other than the home of the person cared for.

DAYCARE, RESIDENTIAL: Any noncommercial, privately owned and occupied residence being used for the caring of more than four (4), but less than twelve (12) children, including the owner/resident's children under the age of four (4) years, for less than twenty four (24) hours per day. Each child care provider shall be eighteen (18) years of age or older. No more than four (4) children under the age of two (2) may be cared for.

DENSITY: The number of dwellings per acre of land.

DETENTION OR REHABILITATION FACILITY: A building or structure, or portion thereof, in which people are cared for or live in a supervised environment, having been detained for penal or correctional purposes and in which the liberty of the occupants is restricted. This definition includes any residential facility where persons are treated for alcoholism, mental illness or substance abuse in lieu of confinement, rehabilitation or treatment in a custodial or correctional facility.

DISTRIBUTION, LIMITED: A building or structure, or portion thereof, in which goods, raw materials or commodities are stored, sold wholesale, or shipped to consumers and businesses within a single structure not more than thirty thousand (30,000) square feet in size on one parcel of land.

DRY CLEANING FACILITY: An establishment where clothes or fabrics are cleaned with a chemical solvent.

DWELLING: A building or structure, or portion thereof, used for the residential occupancy of one family, providing complete independent living facilities, including permanent provisions for living, sleeping, eating, cooking and sanitation.

DWELLING, MULTIPLE-FAMILY: Three (3) or more attached dwelling units in any configuration.

DWELLING, SINGLE-FAMILY: One detached dwelling unit. Each single-family dwelling shall be built on a separate lot.

DWELLING, TWO-FAMILY: Two (2) attached dwelling units.

ELDERLY PERSON: A person who is sixty (60) years of age or older, who desires or needs to live with other elderly persons in a group setting, but who is capable of living independently.

FACILITY: All or any portion of a building, structure, or site improvement.

FAMILY: Shall include the following:

   A.   The head of household and all persons related to the head of household by blood, marriage, legal guardianship, or adoption as a parent, child, sibling, grandparent or legal guardian, living together as a single housekeeping unit in a dwelling unit. Such spouse, parent, child, sibling, grandparent or guardian must actually reside in the subject dwelling; or

   B.   Up to three (3) unrelated persons, with or without children, living together as a single housekeeping unit in a dwelling unit.

FARM ANIMALS: Domestic animals typically found on a farm, such as horses, mules, cattle, pigs, goats, sheep, llamas and fowl.

FIREWORKS STAND: A mobile or temporary stand or trailer used for the retail sale of Class C fireworks. Fireworks stands shall be subject to the regulations set forth in chapter 13 of this title.

FLAG LOT: A concept of lot design as explained in section 11-13-9 of this title.

FLOOR AREA: The sum of the gross horizontal area of the several floors of a building, excluding carports, porches, attached garages, breezeways, patios and cellars as defined by the currently adopted building code.

FLYWAY AREA: An area surrounding the hive, five feet (5') from the property line, consisting of a solid wall, fence, dense foliage or a combination thereof extending at least ten feet (10') beyond the hive in each direction to force bees to fly no less than six feet (6') above ground level over property lines in the vicinity of the apiary.

FOWL UNIT: The keeping of not more than thirty (30) chickens, pheasants, pigeons, ducks, geese or turkeys.

FRONTAGE: The side of a lot or parcel adjacent to a public or private street.

GARAGE, PRIVATE: An accessory building or an accessory portion of the main building, designed and/or used only for the shelter or storage of vehicles owned or operated by the occupants of the main building, and in which no business for profit is conducted without prior approval of a conditional use permit by the planning commission.

GARAGE, PUBLIC: Any structure, except those described as private garages, used for the storage or care of vehicles or where any such vehicles are equipped for operation, are repaired or are kept for remuneration, hire or sale.

GRADE: The elevation of the finished surface of the ground adjacent to the exterior walls of the building or structure.

GREENHOUSE: A structure in which plants that need heat, light and protection from the weather are grown. Greenhouse includes the retail sales of nursery plants and related items.

GROUP HOME FOR PERSONS WITH A DISABILITY: A dwelling in which eight (8) or fewer unrelated persons, exclusive of staff, having physical or mental disabilities or impairments are cared for or live in a supervised environment.

GROUP HOME FOR THE ELDERLY: A dwelling in which eight (8) or fewer unrelated elderly persons, exclusive of staff, are cared for or live in a supervised environment. The residents may or may not have a physical or mental impairment because of age. A group home for the elderly shall be owned by one of the residents or by an immediate family member of one of the residents or be a facility for which title has been placed in trust for a resident.

HISTORIC BUILDING: Any building listed on the national register of historic places or the Utah state register of historic sites.

HIVE: Shall have the meaning set forth in Utah Code Annotated title 4, chapter 11. This defines a hive as a frame hive, box hive, box, barrel, log, gum skep, or other artificial or natural receptacle which may be used to house honeybees.

HOME OCCUPATION: Any income producing use conducted entirely within a dwelling unit and carried on only by persons residing in the dwelling unit, which use is clearly incidental, secondary and compatible to the residential use of the building. In general, a home occupation is an accessory use so located and conducted, that the average neighbor, under normal conditions, would be unaware of its existence. A home occupation shall require a general business license in accordance with the provisions contained in title 4 of this code.

HONEYBEE OR BEE(S): The common honeybee, Apis mellifera species, at any stage of development, but not including the African honeybee, Apis mellifera scutellata species, or any hybrid thereof.

HOOKAH LOUNGE: A commercial building or structure where patrons use tobacco products from a hookah, nargile, or other waterpipe.

HOSPITAL: A building or structure, or portion thereof, used primarily for the medical or surgical care of persons for a period in excess of twenty four (24) hours.

HOTEL OR MOTEL: A building or structure, or portion thereof, containing sleeping rooms designed for temporary use by occupants who are transient in nature. The rooms may or may not have kitchenettes. A hotel or motel may also contain an on site caretaker's residence, gift shop, restaurant, bar, pool, exercise areas, meeting rooms, or any amenities for the convenience of the occupants.

HOUSEHOLD PETS: Domestic animals or fowl ordinarily permitted in the house and kept for company or pleasure and not for profit, such as dogs, cats, rabbits, canaries, and other small animals ordinarily found in a pet store, but not including a sufficient number of dogs to constitute a kennel. Household pets shall not include any animals or fowl commonly regarded as farm animals. Household pets shall be permitted in all dwellings, subject to the provisions of title 6 of this code. The number of rabbits shall not exceed two (2) per dwelling.

JUNKYARD: Any lot, land or area used for the storage, keeping, dismantling or abandonment of junk, nuisance vehicles, household furniture and appliances, machinery, scrap material or parts thereof. Any more than two (2) such items on one property constitutes a junkyard.

KENNEL: A place where three (3) or more dogs of four (4) months of age or older are kept.

KITCHEN: Any room and/or other place used, or intended or designed to be used for cooking, or for the preparation of food.

LABORATORY: A building or structure, or portion thereof, that provides controlled conditions in which scientific research, experiments, and measurements are performed.

LANDSCAPE SUPPLY YARD: A commercial building, structure, or site used for the sale, temporary storage, mixing, processing, composting, or distribution of landscape products, including, but not limited to, soils, rocks, concrete, vegetation and other similar materials.

LIBRARY: A building or structure that houses a collection of books or similar materials kept for reference or borrowing.

LOT: A piece of real property shown as a delineated plot of land with a number and designation, and recorded in the office of the county recorder of Davis County.

LOT AREA: The total area measured on a horizontal plane, included within the lot or parcel of land.

LOT, CORNER: A lot situated at the intersection of two (2) or more streets, which streets shall have an angle of intersection of not more than one hundred thirty five degrees (135°).

LOT COVERAGE: The total horizontal area of a lot, parcel or building site covered by any building or occupied structure which extends above the surface of the ground level, including any covered automobile parking spaces, covered patios, walkways, recreation areas and anything else covered by a roof.

LOT DEPTH: The horizontal length of a straight line connecting the bisecting points of the front and rear lot lines.

LOT, DOUBLE FRONTAGE: A lot having a frontage on two (2) parallel or approximately parallel streets.

LOT LINE, FRONT: A line separating an interior lot from a street. In the case of a corner lot, the side bordering the street which the house is facing shall be the front lot line.

LOT LINE, REAR: The recorded lot line or lines most distant from and generally opposite the front lot line, except that in the case of an interior triangular or gore shaped lot, it shall mean a straight line ten feet (10') in length which is:

   A.   Parallel to the front lot line or its chord; and

   B.   Intersects the two (2) other lot lines at points most distant from the front lot line.

LOT LINE, SIDE: Any lot boundary line which is not a front lot line or a rear lot line.

LOT WIDTH: The distance across a lot or parcel of property measured at the front setback line.

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, in the traveling mode, is eight (8) body feet or more in width or forty (40) body feet or more in length, or when erected on site, is four hundred (400) or more square feet, and which is built on a permanent chassis and designed to be used as a dwelling with or without a permanent foundation when connected to the required utilities, and includes the plumbing, heating, air conditioning, and electrical systems. A manufactured home shall be a single-family dwelling.

MANUFACTURING: The assembling, altering, converting, fabricating, finishing, processing, or treatment of a product.

MANUFACTURING, LIGHT: The assembling, altering, converting, fabricating, finishing, processing, or treatment of a product, where all processes take place wholly within a single enclosed building of not more than thirty thousand (30,000) square feet in size in one parcel of land, and the use does not create, produce, or result in external noise, vibrations, smoke, dust, dirt, debris, plant materials, odors, gases, noxious matter, heat, glare, electromagnetic disturbances, or radiation.

MEDICAL CLINIC: A building or structure, or portion thereof, used primarily for the medical, dental, or surgical care of persons for less than a twenty four (24) hour period.

MOBILE FOOD VENDOR: A person or entity engaged in selling food for a temporary period of time from a temporary location or mobile structure. Mobile food vendors participating in a city sponsored event or activity shall be permitted in any land use zone. Mobile food vendors shall be subject to additional regulations set forth in chapter 13 of this title.

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). A mobile home shall be a single-family dwelling.

MOBILE HOME PARK: A site for which the occupation of mobile homes, manufactured homes, and modular homes has been approved by the city.

MODULAR HOME OR BUILDING: A home or other building of new construction without attached axles or wheels which has been assembled fully or in part upon another site or in a factory and moved to the site upon which it is to be permanently assembled by truck, timber, dolly or similar conveyance, and which is placed upon a permanent foundation in compliance with the provisions of the currently adopted building code. A modular home shall be a single-family dwelling.

MORTUARY: A building or structure, or portion thereof, in which the bodies of deceased persons are kept until they are buried or cremated. A mortuary may also include an on site caretaker's residence.

MOTEL: See definition of Hotel Or Motel.

MOTOR VEHICLE: A self-propelled vehicle intended primarily for use and operation on the highways. Motor vehicle does not include an off highway vehicle.

MOTOR VEHICLE SALES: The retail sale of a motor vehicle from a commercial building or lot.

MULTIPLE-FAMILY DWELLING: See definition of Dwelling, Multiple-Family.

MUSEUM: A building or structure used for collecting and displaying objects having scientific or historical or artistic value.

NONCONFORMING BUILDING OR STRUCTURE: A building or structure, or portion thereof, that: a) legally existed before its current land use designation; and b) because of one or more subsequent land use ordinance changes, does not conform to the setback, height restrictions, or other regulations, excluding those regulations which govern the use of land.

NONCONFORMING USE: A use which: a) legally existed before its current land use designation; b) has been maintained continuously since the time the land use ordinance governing the land changed; and c) because of one or more subsequent land use ordinance changes, does not conform to the regulations that now govern the use of the land.

NONDEPOSITORY LENDING ESTABLISHMENT: Any business or financial institution subject to regulation by the state of Utah department of financial institutions, which does not take deposits. These include, but are not limited to, payday lenders, title lenders, check cashers, and deferred deposit loan lenders as set forth in Utah Code Annotated title 7, chapters 23 and 24. Nondepository lending establishments shall be subject to additional regulations set forth in chapter 13 of this title.

NURSING OR REST HOME: A building or structure, or portion thereof, in which people are cared for or live in a supervised environment, having physical or mental limitations because of health or age. The occupants are not capable of responding to an emergency situation without physical assistance from staff. This definition shall not include any building or structure which meets the definition of a "group home for the elderly", "group home for persons with a disability", or "detention or rehabilitation facility".

OFF HIGHWAY VEHICLE: Any snowmobile, all-terrain type I vehicle, all-terrain type II vehicle, or motorcycle, as such terms are defined by Utah Code Annotated title 41.

OFFICES: A building, room or department wherein a business or service for others is transacted but not including storage or sale of merchandise on the premises.

OPEN SPACE: An area which is completely free and unobstructed from any building or structure. Landscaping, walkways, covered patios, light poles and other ornamental features shall not be considered obstructions for the purposes of this definition. Areas used for storm drainage shall not be eligible for inclusion in a required open space area. Utility corridors shall only be counted toward the open space requirement if improved as an accessible amenity to the project or the community as a whole. All open space shall be landscaped in accordance with the requirements of chapter 21 of this title.

OUTDOOR STORAGE: The commercial storage or keeping of building materials, equipment, fuels, vehicles, goods, commodities or raw materials outside of a building or structure. Outdoor storage shall be subject to the regulations set forth in section 11-13-12 of this title.

PARCEL: A portion of land, the dimensions or boundaries of which are defined by a record of survey map recorded in the office of the county recorder of Davis County in accordance with the law regulating the division of said land, or a tract of real property not delineated as described above, containing not less than the prescribed minimum area required in the zone in which it is located and which abuts at least one public street or private street which the planning commission has designated adequate for access purposes and is held under one ownership.

PARKING AREA: An open area, other than a street or alley, used for the parking of more than five (5) motor vehicles, whether free, for compensation or as an accommodation. This definition of "parking area" is not intended to be used throughout this title as either a permitted or conditional use, but rather serves as a more general reference to locations, lots and facilities, whether public or private, where vehicles can be lawfully parked.

PARKING FACILITY, COMMERCIAL: A garage or parking lot used for commercial purposes and open to the public for a fee. Vehicles may not be parked for more than five (5) consecutive days in such facilities. Parking must meet the minimum requirements of chapter 14 of this title.

PARKING LOT: An area where motor vehicles can be placed and left temporarily. Parking lots are only allowed as an accessory use to a specific primary use or building on the same parcel. The primary use/building and its accessory parking must be entirely located within Clearfield City. Parking must meet the minimum requirements of chapter 14 of this title.

PARKING LOT, STAND ALONE: An area where motor vehicles can be placed and left temporarily as the primary use on a parcel. Parking must meet the minimum requirements of chapter 14 of this title.

PARKING SPACE: A permanently surfaced area of not less than nine feet by twenty feet (9' x 20'), exclusive of access or maneuvering area, ramps or columns, to be used exclusively as temporary storage space for one private motor vehicle.

PARKING SPACE, COMPACT: A permanent surfaced area of not less than eight feet six inches by eighteen feet (8'6" x 18'), exclusive of access or maneuvering area, ramps or columns, to be used exclusively as temporary storage space for one private, compact motor vehicle.

PARKING STRUCTURE: A structure or building where motor vehicles can be placed and left temporarily. Parking structures are only allowed as an accessory use to a specific primary use or building on the same parcel. The primary use/building and its accessory parking must be entirely located within Clearfield City. Parking must meet the minimum requirements of chapter 14 of this title.

PAWN AND SECONDHAND BUSINESS: Shall have the meaning set forth in Utah Code Annotated title 13, chapter 32a. This definition does not include businesses which acquire secondhand goods or merchandise exclusively by donation, or deal solely with consignment or solely in the purchasing, bartering, exchanging or selling of used motor vehicles or trailers.

PERSON: An individual, an association, a firm, a copartnership, a corporation or any similar legal entity.

PERSONAL SERVICES: Uses which primarily serve the daily convenience needs of individuals, such as bakeries, drugstores, newspaper and magazine stores, gift stores, banks, beauty and barber services, laundry and dry cleaning and so on.

PET GROOMING FACILITY: A building or structure or portion thereof where pets are cleaned and groomed. No veterinary services are provided and animals do not stay overnight.

PHYSICAL THERAPY FACILITY: A building or structure, or portion thereof, in which people receive training, treatment, or therapy to help them recover from a physical problem. No overnight or residential use of a physical therapy facility shall be permitted. This definition shall not include any building or structure which meets the definition of a "group home for the elderly", "group home for persons with a disability", or "detention or rehabilitation facility".

PLANNING COMMISSION: The planning commission of the city of Clearfield, as duly appointed under the provision of state law.

PORTABLE STORAGE CONTAINER: A movable weather resistant container fabricated for the purpose of transporting freight or goods on a truck, railroad or ship, including cargo containers, shipping containers, storage units or other portable structures, which are placed on private property and used for storage of items, including, but not limited to, clothing, equipment, goods, household or office fixtures or furnishings, materials and merchandise. This definition shall not include accessory buildings or a building approved for construction. Portable storage containers shall be subject to the regulations set forth in section 11-13-27 of this title.

PRESCHOOL, COMMERCIAL: A building or structure, or portion thereof, used commercially for teaching children below the age at which compulsory school begins.

PRESCHOOL, RESIDENTIAL: Any privately owned and occupied residence furnishing educational guidance for no more than eleven (11) children per class, with no more than two (2) classes per day, for a maximum of four (4) hours per class.

PRINCIPAL BUILDING: See definition of Building, Main.

PRODUCE SALES: The exchange of farm or garden goods for money or other commodities or services.

PROJECT AREA: The gross area of a land use development, inclusive of all lots and parcels to be developed.

PUBLIC USE: A use or facility owned and/or operated exclusively by a public body, having the purpose of serving the public health, safety or general welfare. Government owned buildings and other similar uses, such as libraries and museums, shall be considered public uses.

PUBLIC UTILITY FACILITY: A building or structure used for the provision of public utilities.

PUBLIC WORKS FACILITY: Any publicly owned and/or operated facility meant for the physical functions of a public entity, including construction operations, maintenance, and the storage of vehicles, equipment, and materials.

RESTAURANT: A building or structure, or portion thereof, used for the preparation and/or consumption of food and/or drink. This structure may or may not have on site seating.

RETAIL STORE: A building or structure, or portion thereof, used for the storage, display or sale of goods, wares or merchandise to the public.

RETAIL TOBACCO SPECIALTY BUSINESS: As defined in section 4-10-3 of this code.

SALE, YARD OR GARAGE: The selling of new or used goods, wares, or merchandise from a garage, carport, or yard. No yard or garage sale shall exceed forty eight (48) hours in duration. There shall be no more than two (2) yard or garage sales at any one property or residence within the city in any twelve (12) month period.

SCHOOL: A building or structure, or portion thereof, used for teaching academic subjects from kindergarten through the twelfth grade.

SEMITRAILER: A vehicle without motive power designed for carrying persons or property and for being drawn by a motor vehicle and constructed so that some part of its weight and its load rests or is carried by another vehicle.

SETBACK: The distance between a building or structure and the adjacent property line or designated right of way at the closest points, excluding uncovered patios, decks, and balconies not greater than two feet (2') in height from grade, and chimney and roof overhangs protruding no greater than two feet (2') into the setback area.

SEXUALLY ORIENTED BUSINESS: Any "nude entertainment business", sexually oriented outcall service, "adult business", seminude dancing bar, or seminude dancing agency, as defined in title 4, chapter 4 of this code.

SIGN: Any words, lettering, parts of letters, figures, numerals, phrases, sentences, devices, designs, pictures, trade names or trademarks by which anything is made known, such as are used to designate a firm, an association, a corporation, a profession, a business, a service or commodity, a product, or any type of publicity or propaganda, whether placed on the ground, rocks, trees, stumps or other natural objects, or on a building, wall, roof, frame, support, fence or other manmade object, which are visible from any street, public highway or public road right of way. For purpose of this title, the term "sign" does not include the flag, pennant, or insignia of any nation, state, city or other political unit, or of a nonprofit organization. It shall not include any official notice issued by any court or public body, or officer, or directional, warning or information sign, or structure required or authorized as a nonprofit organization.

SPECIALIZED SCHOOL: A building or structure, or portion thereof, used for educational instruction devoted to a particular subject.

STORAGE FACILITY, COMMERCIAL: A building or structure, or portion thereof, used for the purpose of renting or leasing individual storage spaces to customers for the purpose of storing and removing personal property on a self-serving basis. Retail sales of any kind shall be prohibited at a commercial storage facility. A commercial storage facility may also contain an on site caretaker's residence.

STORY: That portion of a building, other than a basement, included between the surface of any floor and surface of the floor next above it, or if there is no floor above it, then the space between such floor and the ceiling above it.

STREET: A thoroughfare which has been dedicated to the public and accepted by proper public authority, or a thoroughfare by right of use and which affords the principal means of access to abutting property; provided, that easements, walkways and alleys shall not be considered as streets for the purpose of this title.

STRUCTURAL ALTERATIONS: Any change in the supporting members of a building, such as bearing walls, columns, beams, girders and floor joists, or roof joists.

STRUCTURE: Anything constructed, built, erected or put together which is either located on the ground or attached to something having a location on the ground. This includes, but is not limited to, signs, streetlights, parking slab covers, patio covers, porch covers, decks, balconies and sheds.

SWAP MEET: Property where owner or lessee rents, lends or leases the premises to multiple persons for use as an indoor open marketplace (without separate suites, offices or rooms) to barter, exchange or sell goods. A flea market shall be considered a swap meet. Yard sales and garage sales at residences are not swap meets.

TATTOO OR BODY PIERCING ESTABLISHMENT: Any business that is engaged primarily in the practice of physical body adornment, which includes, but is not limited to, the following techniques: body piercing, tattooing, permanent cosmetics, branding, and scarification. This definition does not include practices that are considered medical procedures by the state medical board, such as implants under the skin, which shall not be performed by a tattoo or body piercing establishment. Tattoo or body piercing establishments shall be subject to additional regulations set forth in chapter 13 of this title.

TAVERN: Any business establishment that is engaged primarily in the sale of alcoholic beverages for consumption on the establishment's premises; tavern includes the following if the revenue from the sale of alcoholic beverages exceeds the revenue from the sale of food, although food need not be sold in the establishment: a beer bar; a parlor; a lounge; a cabaret; a private club, or a nightclub. Tavern also includes any business with an area or areas for the consumption of alcoholic beverages in which no minors under the age of twenty one (21) are allowed. Taverns shall be subject to additional regulations found in title 4 of this code.

TELECOMMUNICATIONS LOT: That area set aside for construction and placement of telecommunications equipment, including any buildings, towers, antennas or other apparatus not housed in a residential or business building. A lot set aside for telecommunications equipment and tower may differ from the official recorded piece of property and will include any required equipment, accessories or fenced area.

TEMPORARY OR SEASONAL MERCHANT: A person who sells any nonfood product (i.e., flowers, Christmas trees, handcrafted items, etc.) at a temporary location for a temporary period of time. Temporary or seasonal merchants participating in a city sponsored event or activity shall be permitted in any land use zone. Temporary or seasonal merchants shall be subject to additional regulations set forth in chapter 13 of this title.

THEATER: A building or structure, or portion thereof, used for the production and viewing of the performing arts or motion pictures.

TRAILER: A vehicle without motive power designed for carrying persons or property and for being drawn by a motor vehicle and constructed so that no part of its weight rests upon the towing vehicle.

TRANSIENT: Occupancy of a dwelling or sleeping unit for not more than thirty (30) consecutive days.

USE: The purpose for which premises or a building thereon is designed, arranged, or intended, or for which it is or may be occupied or maintained.

USE, ACCESSORY: See definition of Accessory Use.

USE, CONDITIONAL: A use or occupancy of a building, or use of land, permitted only when authorized upon issuance of a conditional use permit and subject to the limitations and conditions specified therein as provided in chapter 4 of this title, intended to allow compatible integration of uses which may be suitable only in certain locations within a particular zone, or only upon certain conditions and/or design criteria being achieved.

USE, PERMITTED: A use or occupancy of a building, or use of land, permitted by right in the zone in which it is located.

VEHICLE: A motor vehicle, trailer, semitrailer, off highway vehicle, manufactured home, or mobile home.

VETERINARY SERVICE: An establishment for the care, treatment, and grooming of animals, including household pets, livestock and commercial poultry. All facilities are to be within completely enclosed buildings, except exercising runs.

VOCATIONAL AND TECHNICAL TRAINING FACILITIES: A place where instruction is given to individuals in vocational and technical training and operated as a commercial enterprise as distinguished from schools endowed and/or supported by taxation.

WAREHOUSE: A building or structure, or portion thereof, in which goods, raw materials or commodities are stored or sold wholesale.

YARD: A space on a lot or parcel, other than a courtyard, unoccupied and unobstructed from the ground upward by buildings, except as otherwise provided in this title. No required yard or setback area for any building or lot required for the purposes of complying with this title shall be considered as providing the required yard or setback for any other building or lot.

YARD, FRONT: An area extending across the full width of a lot or parcel, having at no point a depth of less than the minimum required horizontal distance between the front lot line or its tangent, and the closest permissible location of the main building. Said distance shall be measured by a line at right angles to the front lot line, or its tangent.

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: An area between the main building and the side lot line extending from the required front yard or the front line where no front yard is required, to the rear yard, the width of which side yard shall be measured horizontally from and at right angles to the nearest point on the side lot line toward the nearest part of the main building.

ZERO LOT LINE DWELLINGS: Single-family dwellings arranged on lots with one side wall of the building located at the property line.

ZONE: A portion of the incorporated territory of Clearfield City which has been given a zone designation, which provides for certain yards and open spaces and certain height and other limitations for buildings and which provides for certain uses. (Ord. 2009-13, 11-24-2009; amd. Ord. 2009-19, 11-24-2009; Ord. 2010-05, 1-26-2010; Ord. 2010-08, 6-22-2010; Ord. 2010-16, 9-28-2010; Ord. 2010-18, 11-9-2010; Ord. 2012-01, 1-24-2012; Ord. 2012-03, 6-12-2012, eff. 7-1-2012; Ord. 2012-07, 8-14-2012, eff. 9-1-2012; Ord. 2013-02, 2-12-2013; Ord. 2014-09, 4-22-2014; Ord. 2014-16, 7-8-2014; Ord. 2014-30, 12-9-2014; Ord. 2015-01, 2-24-2015; Ord. 2015-13, 7-28-2015; Ord. 2016-06, 9-27-2016; Ord. 2018-24, 10-23-2018; Ord. 2021-09, 6-22-2021; Ord. 2022-06, 2-22-2022; Ord. 2024-06, 4-23-2024)