Elwood City Zoning Code
GENERAL PROVISIONS
§ 155.001 SHORT TITLE.
This zoning chapter shall be known as the “Zoning Code of the City of Elwood”.
(Ord. 2008-001, passed - -2008)
§ 155.002 PURPOSE.
This zoning code is designed and enacted for the purpose of promoting the health, safety, convenience, order, prosperity and welfare of the present and future inhabitants of the city, state, including, amongst other things, the lessening of congestion on the streets or roads, securing safety from fire and other danger, providing adequate light and air, the classification of land uses and distribution of land development and utilization, protection of the tax base, securing economy in governmental expenditures, foster the commercial, industrial, and agricultural growth, and the protection of both urban and nonurban development of the city.
(Ord. 2008-001, passed - -2008)
§ 155.003 APPLICABILITY.
The provisions of the zoning code apply to all private and public development within the corporate limits of the city.
(Ord. 2008-001, passed - -2008)
§ 155.004 MINIMUM REQUIREMENTS.
The provisions of this chapter represent the minimum requirements necessary to advance its stated purposes. Unless otherwise specified within the code, it does not preclude adding standards and requirements necessary to achieve the policies of the General Plan, the purposes of this chapter, or protect the public health, safety, peace, morals, and general welfare.
(Ord. 2008-001, passed - -2008)
§ 155.005 CONFLICT.
This chapter shall not nullify the more restrictive provisions of covenants, agreements, or other chapters or laws, but shall prevail notwithstanding such provisions which are less restrictive.
(Ord. 2008-001, passed - -2008)
§ 155.006 PROHIBITIONS.
(A) No lot may be sold, transferred, financed, or otherwise exchanged unless and until it has been created in conformance with the provisions of this chapter and stated law.
(B) No land, building, or structure may be developed, used, occupied, erected, moved, or altered without conformance with the provisions of this chapter and state law.
(Ord. 2008-001, passed - -2008) Penalty, see § 155.999
§ 155.007 GENERAL PLAN MANDATE.
Land development shall be consistent with the General Plan. The city’s administration and its departments shall carry out the mandate of the General Plan when reviewing project proposals, and development plans.
(A) Planning Commission implementation. The Planning Commission shall not approve any project for which it cannot substantiate a finding that the project is consistent with the goals, policies, and implementation programs of the General Plan.
(B) Appeal Authority implementation. The Appeal Authority shall not approve any variance request for which it cannot substantiate a finding that the project is consistent with the goals, policies and implementation programs of the General Plan.
(C) Relationship of the General Plan to the land use ordinance. The General Plan is the adopted policies of the City Council. The General Plan represents a lengthy public participation process and incorporates long-range goals, identified polices, and an implementation program. The content of the General Plan may be cited as a basis for making decisions or as a part of the finding to support actions initiated by this land use ordinance. The General Plan is adopted as a part of this code by reference. The General Plan provides the policies that enable the specific regulations of the land use ordinance to be carried out. Implementation measures in the General Plan provide direction for specific measures within the land use ordinance. When there is a conflict between the General Plan and the land use ordinance, if the General Plan provides precise development standards, the General Plan is to be used. If the General Plan provides policy language and no specific development standards, the land use ordinance’s specific measures are to prevail.
(Ord. 2008-001, passed - -2008) Penalty, see § 155.999
§ 155.008 EFFECT ON PREVIOUS TITLES AND MAPS.
The existing titles covering zoning, in their entirety, and including the maps heretofore adopted and made a part of said titles are hereby superseded and amended to read as set forth herein; provided, however, that this chapter shall be deemed a continuation of previous titles and not a new enactment, insofar as the substance of revisions of previous titles is included in this chapter, whether in the same or in different language; and this chapter shall be so interpreted upon all questions of construction relating to tenure of officers and boards established by previous titles and to questions of conforming or nonconforming uses and buildings and structures, and to questions as to the dates upon which such uses, buildings, or structures became conforming or nonconforming.
(Ord. 2008-001, passed - -2008)
§ 155.009 TEMPORARY REGULATIONS.
(A) The City Council may, without a public hearing, enact ordinances establishing temporary zoning regulations for any part or all of the area within the city if:
(1) The legislative body makes a finding of compelling, countervailing public interest; or
(2) The area is unzoned.
(B) Temporary zoning regulations may prohibit, restrict, or regulate the erection, construction, reconstruction, or alteration of any building or structure or subdivision approval.
(C) A temporary zoning regulation may not impose an impact fee or other financial requirement on building or development.
(D) The City Council may, without a public hearing, enact an ordinance establishing temporary zoning regulations prohibiting construction, subdivision approval and other development activities within an area that is the subject of an environmental impact statement or a major investment study examining the area as a proposed highway or transportation corridor. Said temporary regulations may be renewed at the request of the state’s Transportation Commission for up to two additional six-month periods by an ordinance enacted prior to the expiration of the previous temporary regulation, provided that such regulations shall be in effect only as long as the environmental impact statement or major investment study is in progress.
(E) Temporary zoning regulations shall not exceed six months in duration.
(Ord. 2008-001, passed - -2008)
§ 155.010 PENDING ORDINANCE AMENDMENTS.
(A) When a proposed amendment to the zoning map or text of this title is pending, a person who thereafter files an application which may be affected by the proposed amendment shall not be entitled to rely on the existing zoning map or text which may be amended.
(1) A proposed zoning map or text amendment shall be deemed “pending” when the amendment proposal first appears on a Planning Commission or City Council agenda, as the case may be, which has been noticed as required in this chapter.
(2) An application shall be deemed “filed” when all materials required for the application, as set forth in this chapter, have been submitted.
(a) If within one year after an application has been filed the applicant has not taken substantial action to pursue an approval, the application shall expire and any vested rights thereunder shall terminate.
(b) For the purpose of this subchapter, “substantial action” means action taken in good faith to diligently pursue any matter necessary to obtain final approval of the application.
(B) An application affected by a pending amendment to the zoning map or text of this chapter shall be subject to the following requirements:
(1) The application shall not be acted upon until six months from the date when the pending amendment to the zoning map or text of this chapter was first noticed on a Planning Commission or City Council agenda, as the case may be, unless:
(a) The applicant voluntarily agrees to amend his, her, or their application to conform to the requirements of the proposed amendment; or
(b) The proposed amendment is sooner enacted or defeated, as the case may be.
(2) If a pending amendment to the zoning map or text of this chapter is enacted within six months after being noticed on a Planning Commission or City Council agenda, as the case may be, an affected application which was filed while the amendment was pending shall conform to the enacted amendment; and/or
(3) If a pending amendment to the zoning map or text of this chapter is not enacted within six months after being noticed on a Planning Commission or City Council agenda, as the case may be.
(Ord. 2008-001, passed - -2008) Penalty, see § 155.999
§ 155.011 STATE AND FEDERAL PROPERTY.
Unless otherwise provided by law, and only to the extent required by UCA § 10-9a-304, nothing contained herein adopted pursuant to UCA Part 3, Title 10, Ch.9a shall be construed as giving the Planning Commission or the City Council jurisdiction over properties owned by the state or the United States government.
(Ord. 2008-001, passed - -2008)
§ 155.012 PROPERTY OWNED BY OTHER GOVERNMENTAL UNITS.
Each county, municipality, school district, charter school, special district, and political subdivision of the state shall conform to any applicable land use ordinance of the city installing, constructing, operating, or otherwise using any area, land, or building situated within the city only to the extent required by UCA § 10-9a-305.
(Ord. 2008-001, passed - -2008) Penalty, see § 155.999
§ 155.013 BUILDING PERMITS REQUIRED.
The construction, alteration, repair, removal or occupancy of any structure or of any part thereof, as provided or as restricted, in this zoning code shall not be commenced or proceeded with except after the issuance of written permit for the same by the city staff; provided that no permit shall be necessary where the erection, construction, reconstruction, or alteration is minor in character as defined herein, or as determined by the Zoning Administrator.
(Ord. 2008-001, passed - -2008) Penalty, see § 155.999
§ 155.014 CERTIFICATE OF OCCUPANCY REQUIRED.
No land shall be used or occupied and no building hereafter structurally altered or erected, shall be used or changed in use until a certificate of occupancy shall have been issued by the city staff stating that the building or structure or the proposed use thereof, or the use of land, complies with the provisions of this zoning code. A like certificate shall be issued for the purpose of maintaining, renewing, changing, or extending a nonconforming use. A certificate of occupancy either for the whole or a part of a building or structure shall be applied for coincidentally with the application for a building permit, and shall be issued within ten days after the erection or structural alteration of such building or structure, or part thereof, shall have been completed in conformity with the provisions of this chapter.
(Ord. 2008-001, passed - -2008) Penalty, see § 155.999
§ 155.015 SITE PLAN APPROVAL REQUIRED.
(A) Prior to the issuance of a building permit for any use, building or construction within the city, except for single family and two-family dwellings and their accessory buildings, approval of a site plan by the Planning Commission is required. In considering any site plan, the Planning Commission may impose reasonable requirements to assure among other things, the safety and convenience of traffic movement both within the area covered and in relation to access streets, a harmonious relationship among the buildings and uses, a harmonious relationship between such area and buildings of adjacent neighborhoods, and the preservation of future road locations.
(B) In furthering the above objectives the Planning Commission shall review and may require certain improvements or design changes to be implemented by the developer as part of his, her, or their construction related but not limited to the following considerations which shall be shown on a site plan, drawn to scale as follows:
(1) Dimensions and orientation of the parcel;
(2) Locations of buildings and structures, both existing and proposed;
(3) Location and layout of off-street parking and loading facilities;
(5) The location and design of walls and fences and indication of their height and materials of their construction;
(6) The height of existing and proposed buildings and structures;
(7) The proposed use of building(s) shown on the plot plan;
(8) Location of exterior existing and proposed lighting standards and devices;
(9) The location and height of any overhead power and communication and transmission lines and all utility easements that may affect subject property;
(12) Where an attachment or minor addition of 1,000 square feet or less to an existing building or structure is proposed, the site plan shall indicate the relationship of said proposal to the existing development but at the discretion of the city staff need not include other data required in divisions (B)(1) through (B)(11) above, unless it drastically changes any of the items required.
(C) Prior to the issuance of a building permit for any use, building, or construction within the city for any single family and two-family dwellings and their accessory buildings approval of a site plan by the Zoning Administrator is required. In considering any site plan, the Zoning Administrator may impose reasonable requirements to assure, among other things, the safety and convenience of traffic movement both within the area covered and in relation to access streets, a harmonious relationship among the buildings and uses, a harmonious relationship between such area and buildings of adjacent neighborhoods, and the preservation of future road locations. In furthering the above objectives, the Zoning Administrator shall review and may require certain improvements or design changes to be implemented by the developer as part of his, her, or their construction related but not limited to the considerations outlined in division (B) above, which shall be shown on a site plan, drawn to scale.
(D) The city staff shall ensure that development is in compliance with the site plan and all other requirements imposed by the Planning Commission or the Zoning Administrator, depending on the case. Upon approval of the site plan by the Planning Commission or the Zoning Administrator, depending on the case, no alterations shall be made without first obtaining approval from the Planning Commission or the Zoning Administrator, whichever gave the original approval.
(Ord. 2008-001, passed - -2008; Ord. 2023-005, passed 10-10-2023) Penalty, see §
155.999
§ 155.016 INSPECTION.
The city staff is authorized to inspect or to have inspected all buildings and structures in the course of their construction, modification or repair, and to inspect land uses to determine compliance with zoning code provisions. The city staff or any authorized employee of the city shall use the right to enter any building for the purpose of determining the use, or to enter premises for the purpose of determining compliance with the said chapter, provided that such right of entry is to be used only at reasonable hours. In no case shall entry be made to any occupied building in the absence of an owner or tenant thereof without written permission of an owner, or written order of a court of competent jurisdiction.
(Ord. 2008-001, passed - -2008)
§ 155.017 COMPLETION OF REQUIREMENT IMPROVEMENTS.
(A) For uses subject to §§ 155.100 through 155.113 or 155.245 through 155.256 any improvements required under this chapter, including but not limited to, curb, gutter, sidewalk, fences, landscaping, streets, parking, and flood control requirements shall be satisfactorily installed prior to the issuance of a certificate of occupancy by the city, or if a certificate of occupancy is not required, prior to the issuance of a business license for the land being developed. In lieu of actual completion of such improvements prior to the issuance of a certificate of occupancy or business license, a developer may file with the City Council a cash bond, surety bond, letter of credit, or escrow agreement in an amount specified by the City Engineer to ensure completion of such improvements within one year. The bond may be extended by the City Council upon request. Upon completion of the improvements for which a bond or escrow agreement has been filed, the developer shall call for inspections of the improvements by the city staff. Upon approval of the City Council following a recommendation of the Planning Commission, and in lieu of the bond requirements of this subchapter, the builder or developer may be permitted to execute an agreement in a form acceptable to the City Attorney’s office, deferring any of the required improvements.
(B) Inspection shall be made within a reasonable time upon request. If the inspection shows the city standards and specifications have been met in the completion of such improvements, the bond or agreement shall be released within a reasonable time from the time of inspection. If the bond agreement is not released, refusal to release and the reasons therefore shall be given to the developer in writing within a reasonable time from the time of the inspection. The bond may be partially released based upon the percentage of completion of the required improvements.
(C) If the City Council determines that the issuance of a certificate of occupancy or a business license prior to completion of any required improvements may be injurious to the health, safety, or welfare of the city or its inhabitants, it may refuse to accept a bond or deferral agreement in lieu of actual completion of required improvements or may limit the bond or agreement to a period of less than one year.
(Ord. 2008-001, passed - -2008) Penalty, see § 155.999
§ 155.018 ENFORCEMENT.
(A) The city staff is authorized as the enforcing officer for this chapter, and shall enforce all provisions, entering actions in court if necessary, and his, her, or their failure to do so shall not legalize any violations of such provisions.
(B) The governing body may, by resolution or title, from time to time entrust administration of this chapter, in whole or in part, to another officer of the local jurisdiction, without amendment to this chapter.
(Ord. 2008-001, passed - -2008) Penalty, see § 155.999
§ 155.019 NUISANCE AND ABATEMENT.
(A) Any building or structure erected, constructed, altered, enlarged, converted, moved, or maintained contrary to provisions of this chapter, and any use of land, building or premises established, conducted, or maintained contrary to provisions of this chapter shall be, and the same hereby is, declared to be unlawful and a public nuisance, and the local attorney shall, upon request of the governing body, at once commence action or proceedings for abatement and removal of enjoinment thereof in a manner provided by law, and take other steps and apply to such courts as may have jurisdiction to grant such relief as will abate and remove such building or structure, and restrain or enjoin any person, firm, or corporation from erecting, building, maintaining, or using said building, structure, or property contrary to the provisions of this chapter.
(B) The remedies provided for herein shall be cumulative and not exclusive.
(Ord. 2008-001, passed - -2008) Penalty, see § 155.999
§ 155.020 LICENSING.
All departments, officials and public employees of the local jurisdiction which are vested with duty or authority to issue permits or licenses shall conform to the provisions of this chapter and shall issue no permit or license for uses, buildings, or purposes where the same would be in conflict with the provisions of this chapter and any such permit or license, if issued in conflict with the provisions of this chapter, shall be null and void.
(Ord. 2008-001, passed - -2008) Penalty, see § 155.999
§ 155.021 TERRITORY ANNEXED TO THE CITY.
At the time of the annexation of new territory to the city, the City Council with the recommendation of the Planning Commission shall classify such territory for zoning purposes according to the zones established by the zoning code.
(Ord. 2008-001, passed - -2008)
§ 155.022 FEES.
Fees may be charged applicants for building, occupancy, and conditional use permits, design review and planned unit development approval, Planning Commission and Board of Adjustment hearings, and such other services as are required by this chapter to be performed by public officers or agencies. Such fees shall be established by the legislative body and be in amounts reasonably needed to defray costs to the public.
(Ord. 2008-001, passed - -2008)
§ 155.023 DEFINITIONS AND PURPOSE.
For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning. Meanings shall apply to the singular or plural and to any tense of a verb. Definitions of pertinent terms provided in the state code annotated are adopted as part of this chapter. Unless the context requires otherwise, the following definitions shall be used in the interpretation and construction of this chapter. Words used in the present tense include the future; the singular number shall include the plural, and the plural the singular; the word BUILDING shall include the word STRUCTURE; the words USED or OCCUPIED shall include arranged, designed, constructed, altered, converted, rented, leased, or intended to be used or occupied; the word SHALL is mandatory and not directory, and the word MAY is permissive; the word PERSON includes a firm, association, organization, partnership, trust, company, or corporation as well as an individual; the word LOT includes the words plot, or parcel. Words used in this chapter but not defined herein shall have the meaning as defined in any other chapter adopted by the local jurisdiction.
ACCESSORY BUILDING. A building customarily incidental to the principal use or building, devoted exclusively to the principal use, and located on the same lot with such principal use or building.
AGRICULTURAL INDUSTRY. An industrial activity involving the processing, cleaning, packing or storage of the results from agricultural production.
AGRICULTURAL PRODUCTION. The commercial production of agriculture products.
AGRICULTURAL PRODUCTS. Animal or plant or a product, including any food or drink that is wholly or partly derived from an animal or plant, and includes all after acquired agricultural products of the producer, or any proceeds thereof.
ALLEY. A public thoroughfare that is less than 26 feet wide.
ANIMAL SLAUGHTERING. The manufacturing process to slaughter livestock in preparation to be processed (cut and divided) and packaged.
BASEMENT. A story partly underground and having at least one-half its height above the average level of the adjoining ground. A BASEMENT shall be counted as a story, for purposes of height measurement.
BUILDING. Any structure other than a boundary wall or fence.
BUILDING, ACCESSORY. A subordinate building or a portion of the main building on a lot, the use of which is customarily incidental to that of the main or principal building.
BUILDING, DETACHED. A building surrounded by open space on the same lot.
BUILDING, HEIGHT OF. The vertical distance from the grade elevation to the highest point of the coping of a flat roof, or to the deck line of a.mansard roof, or to a point midway between the lowest part of the eaves or cornice and ridge of a pitch or hip roof.
BUILDING, MAIN. A building in which is conducted the principal use of the lot on which it is located.
BUILDING, PUBLIC. A building owned and operated or owned and intended to be operated by a public agency of the United States of America, of the state, or any of its political subdivisions.
CARPORT, PRIVATE. A space not completely enclosed by walls or doors. For the purpose of this chapter, a CARPORT shall be subject to all of the regulations prescribed for a private garage.
CAR WASH, LAUNDRY TYPE. A structure or portion thereof containing facilities for washing passenger automobiles, using production line methods, but not limited to, chain conveyor, movable or revolving cleaning brushes, blower, steam-cleaning, or similar mechanical devices.
CAR WASH, MANUAL SPRAY. A structure or portion thereof containing facilities for washing passenger automobiles, limited to using only hand-operated manual spray cleaning equipment and techniques.
CELLAR. A story having more than one-half its height below the average level of the adjoining ground. A CELLAR shall not be counted as a story for the purpose of height measurement.
CLUSTER SUBDIVISION. A subdivision of land in which the areas and widths of residential lots are reduced below the minimum lot areas and lot width requirements of the zone in which the subdivision is located and where equivalent common open space areas are provided to compensate for such lot reduction.
CORRAL. An enclosure for animals, other than a building. This definition does not include agricultural pastureland.
COURT. An unoccupied open space, other than yard, on the same lot with a building or buildings, which is bounded on two or more sides by the walls of such building or buildings.
COVERAGE, LOT. The percent of the lot area covered by the main and accessory buildings.
DAIRY. A commercial establishment for the manufacture, processing, or sale of dairy products.
DAY CARE CENTER. Any building or structure, other than an occupied residence, furnishing care, supervision, and guidance for three or more children unaccompanied by parent or guardian for periods of less than 24 hours per day, or, an occupied residence which furnishes care, supervision, and guidance for six or more children unaccompanied by parent or guardian for periods of less than 24 hours per day. “Occupied residence” shall refer to being used as a residence by a family. The term DAY CARE CENTER is inclusive of kindergartens, preschools, nursery schools, and all other similar facilities specializing in the education and/or care of children prior to their entrance into the first grade, other than facilities owned and/or operated by the public school system.
DISABLED PERSON. A person who has a severe, chronic disability attributable to a mental or physical impairment, or to a combination of mental and physical impairments which is likely to continue indefinitely or which result in a functional limitation in three or more of the following areas of major life activity: self care, receptive and expressive language, learning, mobility, self-direction, capacity for independent living, economic self-sufficiency, and who requires a combination or sequence of special interdisciplinary or generic care or treatment.
DRIVEWAY APPROACH. An approved access point for egress/ingress to a residential lot for which only one access point is permitted. Exception: circular driveways are allowed with the approval of the Planning Commission.
DRY CLEANER. An establishment which has as its sole purpose the cleansing of fabrics with substantially non-innocuous organic solvents. Laundry establishments with self service, coin-operated dry-cleaning machines shall not be classified as a DRY CLEANER.
DWELLING. A building or portion thereof designed or used as the living quarters for one or more families.
DWELLING, CONDOMINIUM. A real estate condominium project where 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, is transferred, a plan or project whereby four or more apartments, rooms, office spaces, or other existing and proposed apartments or commercial or industrial buildings or structures are separately offered or proposed to be offered for sale and meeting all requirements of the Condominium Ownership Act of the state, being UCA § 57-8-1, and as amended. Structures shall conform with all area, yard, frontage, and height regulations of the zone district in which they are located.
DWELLING, MULTI-FAMILY. A building arranged or designed to be occupied by three or more families.
DWELLING, SINGLE-FAMILY. A building arranged or designed to be occupied by one family, the structure having only one dwelling unit.
DWELLING, SINGLE-FAMILY TOWNHOUSE. A building built directly against an adjoining building without an open space between, and containing a one-family dwelling unit extending from basement to roof. Each single-family attached dwelling unit shall have a front and rear entrance. Each group of single-family attached dwellings shall be considered one structure, for purposes of front, rear and side yard requirements.
DWELLING, TWO-FAMILY. A building arranged or designed to be occupied by two families, the structure having only two dwelling units.
DWELLING UNIT.
(1) One or more rooms in a dwelling, apartment, hotel, or apartment hotel designed for or occupied by one family for living, sleeping, and eating purposes.
(2) A DWELLING UNIT may contain more than one set of kitchen facilities, whether temporary or permanent provided they are used only by members of the family occupying the dwelling unit or their nonpaying guests. A DWELLING UNIT may include up to two persons per unit to whom rooms are rented in addition to a family related by blood, marriage, or adoption, but if the number of such additional persons exceeds two or if they use or are furnished separate cooking facilities, whether temporary or permanent, such additional persons shall be considered a separate DWELLING UNIT.
DWELLING UNIT, BACHELOR OR BACHELORETTE. A dwelling unit designed or used to accommodate five or more unrelated persons. Each unit may or may not include cooking facilities.
DWELLING UNIT, BOARDING HOUSE. A building with not more than five guest rooms where, for compensation, meals are provided for at least five but not more than 15 persons.
DWELLING UNIT, FRATERNITY/SORORITY HOUSE. A building occupied by and maintained exclusively for students affiliated with an academic or professional college or university or other recognized institution of higher learning, and when acknowledged by such institution.
EDUCATIONAL INSTITUTION. A public elementary or secondary school, seminary, parochial school, or private educational institution having a curriculum similar to that ordinarily given in grades 1 through 12 in the public school system. The term EDUCATIONAL INSTITUTION for the purpose of this chapter does not include post-high school educational facilities.
FAMILY. One or more persons related by blood, marriage, or adoption plus domestic servants employed for service on the premises, or a group of bachelor or bachelorettes of not more than four persons who need not be so related living together as a single nonprofit housekeeping unit.
FENCE. A tangible barrier or obstruction of any material, with the purpose or intent or having the effect of preventing passage or view across the fence line. This includes hedges and walls.
FIELD FARMING. The tilling, planting, and production of crops in an open field environment.
FLAG LOT. A flag or L-shaped lot consisting of a staff portion contiguous with the flag portion, the staff portion having frontage on a dedicated street.
FLOODPLAIN. Land adjacent to a body of water which has been or may be hereafter covered by flood water as delineated on the flood hazard boundary map by the Federal Insurance Administration, H.U.D.
FLOODPLAIN OVERLAY ZONE. Boundaries of the base flood as identified by the Federal Insurance Administration, H.U.D. as set forth on the flood hazard boundary map (FHBM). The FLOODPLAIN ZONE is designed to overlay or be superimposed over existing zoning within the defined floodplain. Within such an OVERLAY ZONE, the existing zone remains effective with the additional conditions superimposed by the FLOODPLAIN ZONE.
FLOOR AREA. The sum of the gross horizontal area of the several floors of a building and its accessory buildings on the same lot, excluding cellar and basement floor areas not devoted to residential use, but including the area of roofed terraces. All dimensions shall be measured from the exterior faces of the exterior walls.
FLOOR-LOT AREA RATIO. The total floor area of a building divided by the area of the lot on which it is located.
FRONTAGE. All the property fronting on one side of the street between intersecting or intercepting streets, or between a street and a right-of-way, waterway, end of dead-end street, or political subdivision boundary, measured along the street line. An intercepting street shall determine only the boundary of the FRONTAGE of the side of the street which it intercepts.
GARAGE, PRIVATE. An enclosed space or accessory building for the storage of one or more motor vehicles, provided that no business, occupation, or service is conducted for profit therein, nor space therein for more than one car is leased to a nonresident of the premises. A GARAGE shall be considered part of a dwelling if the garage and dwelling have a roof or wall in common and are connected structurally.
GARAGE, PUBLIC. A building or portion thereof, other than a private garage, designed or used for servicing, repairing, equipping, hiring, selling, or storing motor-driven vehicles.
GRADE. The average level of the finished surface or the ground adjacent to the exterior walls of those buildings more than five feet from a street line. For buildings closer than five feet to a street line, the GRADE is the sidewalk elevation at the center of the building. If there is more than one street, an average sidewalk elevation is to be used. If there is no sidewalk, the City Engineer may establish the GRADE.
GRAZING AND PASTURING. A method of animal husbandry whereby domestic livestock are allowed outdoors to roam around and consume wild vegetations.
GUEST HOUSE. A separate dwelling structure located on a lot with one or more main dwelling structures and used for housing of guests or servants and not rented, leased, or sold separate from the rental, lease, or sale of the main dwelling.
HOME OCCUPATION. The use of a portion of a dwelling as an office, studio, or workroom for small occupations which are customarily conducted in the home and which are clearly incidental and accessory to the primary use of the dwelling for living purposes, and which also meet all the conditions and requirements of §§ 155.245 through 155.256.
(1) The occupation is limited to members of the family who reside on the premises.
(2) The occupation shall not require interior or exterior alterations.
(3) The occupation shall not include the sale of commodities which are not produced on the premises.
(4) The occupation shall not use any accessory building, yards, or any space outside of the main building not normally associated with residential use.
(5) The occupation may include child day care of not more than five children.
(6) The occupation shall include the use of not more than 10% of the ground floor area of the home.
(7) The occupation shall provide a part-time service, consultation, or emergency treatment but is not for the general practice of a profession, business, trade, or general service on a full-time employment basis.
(8) The occupation must be licensed by the city.
HORTICULTURE. The cultivation of plants in gardens or greenhouses, as opposed to the field-scale production of crops characteristic of agriculture.
HOTEL. A building designed for or occupied as the more or less temporary abiding place of 16 or more individuals who are, for compensation, lodged, with or without meals.
HOUSEHOLD PETS. Animals or fowl ordinarily permitted in the house and kept for company or pleasure, such as dogs, cats, or canaries, but not including a sufficient number of dogs or cats to constitute a kennel, as defined in this zoning code.
JUNKYARD. The use of any lot, portion of a lot, or tract of land for the storage, keeping or abandonment of junk, including scrap metals or other scrap materials, or for the dismantling, demolition, or abandonment of automobiles, or other vehicles, or machinery or parts thereof, provided that this definition shall not be deemed to include such uses which are clearly accessory and incidental to any agricultural use permitted in the district.
KENNEL, COMMERCIAL. Any place where three or more dogs and/or cats older than six months are kept, and of which a fee is charged, or paid, for the primary purpose of sale, boarding, care, or breeding.
KENNEL, PRIVATE. Any place where three or more dogs and/or cats older than six months are kept for businesses whose main purpose is other than that of housing animals as defined within “Kennel, Commercial.” This may include housing of dogs used on the same property for sportsmanship purposes (e.g., hunting club dogs) as well as housing of dogs or cats used in pet therapy.
KINDERGARTEN. A school or class for children of the four to six age group.
LAUNDROMAT, SELF-SERVICE, COMMERCIAL. A self-service laundry establishment where clothes are cleansed in a coin-operated machine. This may include self-service, coin-operated dry cleaning machines.
LAUNDROMAT, LARGE-SCALE, INDUSTRIAL. A large-scale laundry establishment where clothes are cleansed in machines not operated by the customer. This may include dry cleaning machines.
LAND USE APPLICATION. An application required by the city’s land use ordinances.
LAND USE AUTHORITY. A person, board, commission, agency, or other body designated by the local legislative body to act upon a land use application.
LAND USE ORDINANCE. A planning, zoning, development, or subdivision ordinance of the city, but does not include the General Plan.
LAND USE PERMIT. A permit issued by a Land Use Authority.
LEGISLATIVE BODY. The Elwood City Council.
LICENSED FAMILY GROUP CHILDCARE PROVIDER. A childcare provider who cares for nine to 16 children unrelated to the licensee for less than 24 hours a day with a regularly scheduled, ongoing enrollment, for direct or indirect compensation in the provider’s home, and who meets all standards and requirements of the state's rules for licensed family childcare. LICENSED FAMILY GROUP CHILDCARE shall be a home occupation subject to the approval of requirements hereof. LICENSED FAMILY GROUP CHILDCARE PROVIDERS shall obtain conditional use approval, approval of the state and a business license prior to operation. A conditional use approval for LICENSED FAMILY GROUP CHILDCARE shall be issued to the applicant and shall expire upon lapsing of a business license or state license, or at such time that the applicant is no longer residing at the address at which approval is granted.
LODGING HOUSE. A building where temporary lodging only is provided for compensation to five or more, but not exceeding 15 persons, in contrast to hotels. This may include “bed-and breakfast” type businesses.
LODGING, SHORT-TERM RENTALS. A building or group of residential single-family dwellings rented for between one to 30 days, for the purpose of providing a temporary abiding place for one or more families. This includes VRBO and AIRBNB type home rentals.
LOT. A parcel of land occupied or to be occupied by a main building or group of buildings (main or accessory), together with such yards, open spaces, lot width and lot area as are required by this zoning code and having frontage upon a street. Except for group dwellings and a guest house, not more than one dwelling structure shall occupy any one LOT.
LOT, CORNER. A lot abutting upon two or more streets at their intersection or upon two parts of the same street, such streets or parts of the same street forming an interior angle of less than 135 degrees.
LOT DEPTH. The horizontal distance between the front and the rear lot lines measured in the main direction of the side lot lines.
LOT, INTERIOR. A lot other than a corner lot.
LOT FRONTAGE, REQUIRED. The length of the front lot line, which is coterminous with the front street line.
LOT LINE, FRONT. For an interior lot, the lot line adjoining the street; for a corner lot or through lot, the lot line adjoining either street, adjacent to the architectural front or main entry. The LOT LINE, FRONT shall be used for address designation.
LOT LINE, REAR. Ordinarily, that line of a lot which is opposite and most distant from the front line of the lot. In the case of a triangular or gore-shaped lot, a line ten feet in length within the parcel parallel to and at a maximum distance from the front lot line. In cases where these definitions are not applicable, the Building Inspector shall designate the REAR LOT LINE.
LOT LINE, SIDE. Any lot boundary line not a front or rear lot line. A SIDE LOT LINE separating a lot from another lot or lots is an INTERIOR SIDE LOT LINE. A SIDE LOT LINE separating a lot from a street is a STREET SIDE LOT LINE.
LOT LINES. The property lines bounding the lot.
LOT, RESTRICTED. A lot having an average slope of 25% or more or which does not contain a buildable area of at least 75 feet by 100 feet with an average slope of less than 15%, such lot being prohibited as a building site, or being required to be increased in area and width, and regulated and allowed to be developed only as required by the Planning Commission.
LOT RIGHT-OF-WAY. A strip of land of not less than 16 feet in width connecting a lot to a street for use as private access to that lot.
LOT WIDTH. The horizontal distance between the side lot lines, measured at the required front yard setback line or rear yard setback line, whichever is shorter.
MAP, OFFICIAL. Any map adopted by the City Council under the provisions of UCA § 10-9a-407, as amended.
MANUFACTURED HOME. A transportable, factory-built housing unit that was constructed on or after June 15,1976. According to the Federal Home Construction and Safety Standards Act of 1974 (H.U.D. Code), in one or more sections, and when erected on site, the home must be at least 20 feet in width at the narrowest dimension, have exterior and roofing materials acceptable to the city’s building codes, have a minimum roof pitch of two to 12, and be located on a permanent foundation and connected to the required utilities, including plumbing, heating, air conditioning, and electrical systems. A MANUFACTURED HOME shall be identified as real property on the property assessment rolls of the county. All MANUFACTURED HOMES constructed on or after June 15,1976, shall be 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.
MOBILE HOME. A moveable living unit which:
(1) Is designed to be transportable after fabrication on its own wheels, attached wheels, or low boy, suitable for year-round occupancy and containing a flush toilet, sleeping accommodations a tub or shower bath, kitchen facilities, plumbing, and electric connections provided for attachment to appropriate external systems. Pre-sectionalized, modular, or prefabricated housing not placed on a permanent foundation shall be regarded as a MOBILE HOME whether such units meet the city’s building and housing codes.
(2) Meets the city’s applicable building and housing codes and which is placed on a permanent foundation is controlled by the zoning code and other applicable ordinances the same as dwelling units constructed in the conventional manner.
MOBILE HOME PARK. A parcel of land which has been planned and improved for the placement of mobile homes for residential use.
MOTEL. Any building or group of buildings containing sleeping rooms, designed for temporary use and often by automobile tourists or transients, with garage attached or parking space conveniently located to each unit.
NATURAL WATERWAYS. Those areas, varying in width, along streams, creeks, gulley, springs, or washes which are natural drainage channels as determined by the Zoning Administrator and in which areas no buildings shall be constructed.
NONCOMPLYING BUILDING OR STRUCTURE. A structure that:
(1) Legally existed before its current land use designation; and
(2) 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 BUILDING. A building or structure or portion thereof lawfully existing at the time any applicable zoning regulations become effective, the design, erection, use, height, area, and yard dimensions of which do not conform to the provisions of such regulation or regulations.
NONCONFORMING USE. A use of land that:
(1) Legally existed before its current land use designation;
(2) Has been maintained continuously since the time the land use ordinance governing the land changed; and
(3) Because of one or more subsequent land use ordinance changes, does not conform to the regulations that now govern the use of the land.
OPEN GREEN SPACE. An open space suitable for relaxation or landscaping. It shall be unoccupied and unobstructed by buildings and/or hard surfaces such as asphalt, cement, and packed gravel, except that such OPEN GREEN SPACE may be traversed by necessary sidewalks and access rights-of-way.
OPEN SPACE EASEMENT. An easement granted to the city by the owner developer on and over land in that development which provides and guarantees that the designated common open space and recreation land is permanently reserved for and can be used only for open space and recreation purposes in accordance with the plans and specifications approved by the Planning Commission and City Council at the time of approval of the development.
PARKING LOT. An open area, other than a street, used for parking of more than four automobiles and available for public use, whether free, for compensation, or as an accommodation for clients or customers.
PARKING SPACE. Space within a building, lot, or parking lot for parking or storage of one automobile with direct and unblockable access to a driveway.
PASTURE. An area of property whereon forages for the type of livestock being grazed or otherwise confined is sustained over the entire area on a continual basis except for when the PASTURE is being rotated, plowed, or replanted.
PAYING GUEST. Any person hiring a room in a dwelling unit for living, eating, or sleeping purposes.
PHARMACY. A business selling health or treatment items including baby food and diet supplements and dispensing prescriptions for medical or health purposes and including and limited to candies, soft drinks, prepackaged ice cream products not prepared on the premises, tobacco products, magazines, and greeting cards.
PLANNED RESIDENTIAL UNIT DEVELOPMENT (PRUD). A development in which the regulations of the zone in which the development is situated are waived to allow flexibility and initiative in site and building design and location in accordance with an approved plan and imposed general requirements.
PLANNING COMMISSION. The Planning Commission of the City of Elwood, Utah.
POST OFFICE, LIMITED SERVICE. A post office operation providing services normally permitted and/or required by contract with the U.S. Postal Service.
PROFESSIONAL OFFICE. The office of a member of a recognized profession maintained for the conduct of that profession. It includes, but is not limited to, an office for the use of accountants, doctors, attorneys, architects, real estate agents, insurance brokers, dentists, engineers, or similar professionals.
RECREATIONAL COACH. A vehicle such as a recreational trailer, tent, camper trailer, truck camper, travel trailer, camp car, other vehicle with or without motive power, designed and/or constructed to travel on the public thoroughfare in accordance with the provisions of the state’s vehicle code, designed for the use of human habitation.
RECREATIONAL COACH PARK. Any area or tract of land or a separate designated section within a mobile home park where lots are rented or held out for rent to one or more owners or uses of recreational coaches for a temporary time not to exceed two weeks.
RESIDENTIAL FACILITY FOR DISABLED PERSONS. A single-family dwelling structure that is occupied on a 24-hour-per-day basis by four or fewer disabled persons in a family type arrangement under the supervision of a maximum of two-house parents or a manager, for a total of not more than six individuals living in a facility.
SALON. A business providing cosmetic treatment services. This would include, but not necessarily limited to, services provided by hairdressers, beauticians, and cosmetologists. Types of establishments might be hair salons, tanning salons, beauty salons, day spas, and medical spas.
SENSITIVE AREA. Lands containing environmentally and geologically sensitive elements which, if encroached upon by unsuspecting urban land development such as utilities, housing, streets, and/or public facilities, could be damaged beyond repairability or could cause severe damage to such urban development or cause complete destruction thereof or cause loss of life or bodily harm. Such SENSITIVE AREAS could include active earthquake faults, potential landslide areas, steep unstable terrain, or areas of potential rockfall.
SENSITIVE VEGETATION. Vegetative cover which can be harmed by compaction from overuse, urban development, or altering of the hydrologic cycle in such a manner as to create an environmental imbalance causing severe retardation of growth or elimination of a particular variety of vegetative species.
SENSITIVE WILDLIFE HABITAT. Wildlife habitat which provides an environmental biosphere critical to the well-being and perpetuance of certain species of wildlife, particularly if encroached upon by urban related development. This is specifically related to the elimination of a limited habitat and its related wildlife.
SIGN. Any advertising message, announcement, declaration, demonstration, display, illustration, insignia, surface or space placed, erected, or maintained in view of the observer thereof for identification, advertisement or promotion of the interests of any person, entity, product, or service, and visible from outdoors. The definition of SIGN shall also include the sign structure, supports, lighting system and any attachments, ornaments, or other features used to draw the attention of observers.
SIGN, ABANDONED. Any sign applicable to a use that has been discontinued for a period of three or more months.
SIGN, ANIMATED. Any sign which uses movement or change of lighting to depict action or to create a special effect or scene. Such motion does not refer to methods of changing copy.
SIGN AREA. For signs that have a frame or a separate background, the area of a sign that is used for writing, representation, emblem, or other display purposes located within the area of the frame or separate background containing the display, excluding the structural supporting framework, bracing, or wall provided such wall meets zoning code regulations and is clearly incidental to the display itself. In computing SIGN AREA, only one side of a back-to-back or double-face sign shall be computed when the signs are parallel or diverge from a common edge by an angle of not more than 30 degrees. For signs that do not have a frame or a separate background, SIGN AREA shall be computed on the basis of the least rectangle, triangle, or circle large enough to frame the display, including any material or color forming an integral part of the background of the display or used to differentiate the sign from the backdrop or structure against which it is placed. When a low-profile sign is mounted on a base rising a maximum of three feet and consisting of materials matching the predominant materials used in the construction of the principal building on the premises where the sign is located, the area of the base shall not be included in the calculation of SIGN AREA.
SIGN AREA, CUMULATIVE. The cumulative area for all signs on a building for building-mounted signs, and in addition, the cumulative area of all freestanding signs on a site.
SIGN, AWNING. Any sign painted on, attached to, or otherwise incorporated into an awning.
SIGN, BUS BENCH. Any sign incorporated into the design and/or construction of a bench providing seating for users of a public transportation system.
SIGN, BUSINESS. A sign which directs attention to a use conducted, a commodity sold, or service performed on the premises.
SIGN, CABINET. A sign consisting of a frame, usually but not necessarily consisting of metal, containing or covered by transparent, translucent, or opaque material that includes the sign copy.
SIGN, CANOPY. Any sign painted on, attached to, or otherwise incorporated into a canopy.
SIGN, CHANGEABLE COPY. A sign that is characterized by graphical content that can be changed or altered through manual, mechanical, or electronic means.
SIGN, CONSTRUCTION. A temporary sign placed on a site identifying a new development, the project contractor, builder, and/or institution providing financing for the project. CONSTRUCTION SIGNS may include a plat map, project marketing sign, and real estate information.
SIGN, DIRECTIONAL/INFORMATIONAL (OFF-PREMISES). Signs that serve as directional guides for vehicular or pedestrian traffic to:
(1) Recognized areas of regional importance and patronage including:
(a) Recreational and entertainment centers of recognized regional significance;
(b) Religious, civic, or fraternal organizations;
(c) Historical landmarks, churches, schools, community centers, hospitals, parks, or other such sites; and
(d) Public safety, municipal directional, parking, and essential services.
(2) Businesses or uses that are located on premises other than that upon which the sign is located.
SIGN, DIRECTIONAL/INFORMATIONAL (ON-PREMISES). A sign guiding or directing vehicular or pedestrian traffic, and including instructions, e.g., parking or exit and entrance signs, and which may contain the name and/or logo of an establishment.
SIGN, DIRECTORY. An identification sign, located on or off the premises to direct vehicular or pedestrian traffic, that contains the name of a building, complex, or center, and name and address of two or more businesses, being part of the same sign structure, or interior to the building and visible from the outdoors.
SIGN, ELECTRIC AWNING. Any fireproof space frame structure with translucent flexible reinforced vinyl covering cosigned in awning form, which may include signage. Such awnings are internally illuminated by fluorescent or other light sources in fixtures approved under currently adopted state building codes.
SIGN, EXTERNALLY ILLUMINATED. Any sign that has characters, letters, figures, designs, or outlines illuminated by a light source located outside of the sign.
SIGN, FLASHING. A sign that contains an intermittent or sequential flashing light source used primarily to attract attention. Does not include changeable copy signs, animated signs, or signs which, through reflection or other means, create an illusion of flashing or intermittent light.
SIGN, FLAT. A sign erected parallel to and attached to the outside wall of a building or structure, and which does not project horizontally more than 24 inches from such building or structure with messages or copy on the face side only.
SIGN, FREESTANDING. A sign supported upon the ground and not attached to any building or wall. FREESTANDING SIGNS include high-profile and low-profile signs.
SIGN HEIGHT. The vertical distance measured from the highest point of the sign, excluding decorative embellishments, to the grade of the adjacent street or the surface grade beneath the sign, whichever is less. When a low-profile sign is mounted on a base rising a maximum of three feet and consisting of materials matching the predominant materials used in the construction of the principal building on the premises where the sign is located, the height of the base shall not be included in the calculation of SIGN HEIGHT.
SIGN, HIGH-PROFILE. An on-premises freestanding sign higher than six feet that is supported by one or more upright members or poles and not attached or braced by any other structure.
SIGN, IDENTIFICATION. A sign that identifies primarily the name, logo, and/or address of a commercial, industrial, or condominium complex and the owner and tenants thereof. IDENTIFICATION SIGNS may also contain information pertaining to the goods or services offered by the commercial, industrial, or condominium complex, however, such information shall be secondary in appearance and area to the primary function of identification.
SIGN, INTERNALLY ILLUMINATED. Any sign that has characters, letters, figures, designs or outlines illuminated by a light source located inside of the sign.
SIGN, LOW-PROFILE. Any freestanding sign having a maximum height of six feet from final grade, or six feet from the top of the base upon which it is constructed, which is incorporated into a landscape design theme or planter box. LOW-PROFILE SIGNS may be mounted on a base rising a maximum of three feet and consisting of materials matching the predominant materials used in the construction of the principal building on the premises where the sign is located.
SIGN, MARQUEE. Any sign attached to or made an integral part of a marquee.
SIGN, MOBILE. An on-premises sign having a medium to heavy frame that is not permanently affixed to the ground. Such signs include those commonly called “A” FRAME, PEDESTAL, TRAILER, and the like.
SIGN, NAME PLATE. A sign indicating the name of a person or persons residing on the premises.
SIGN, NONCONFORMING. Any advertising structure or sign which was lawfully erected and maintained prior to such time as it came within the purview of this chapter and any amendments thereto, and which fails to conform to all applicable regulations and restrictions of this chapter.
SIGN, OFF-PREMISES. Any sign that directs attention to a use, product, commodity, or service not related to the premises on which the sign is located.
SIGN, ON-PREMISES. Any sign that directs attention to a use conducted, product, or commodity sold, or service performed upon the premises on which the sign is located, or to which it is affixed.
SIGN, PERMANENT. Any sign or advertising display constricted of durable materials, usually intended to be displayed out of doors as a principal means of identification or advertisement for an indefinite period of time.
SIGN, POLITICAL. A temporary sign on- or off-premises, announcing, promoting, or drawing attention to any candidate(s) seeking public office in a forthcoming election, or signs advocating political issues to be voted upon at any special or general election.
SIGN, PROJECT MARKETING. A temporary sign advertising the availability of a project under construction or recently completed for sale, rental, or lease. A PROJECT MARKETING SIGN shall be located on the property to which it pertains.
SIGN, PROJECTING. Any sign attached perpendicular to a building or other structure and extending in whole or in part more than 12 inches beyond any wall of the buildings or structures.
SIGN, REAL ESTATE. A temporary sign advertising an open house, or the sale, or availability for rental or lease, of the property on which the sign is located, or a sign located off-premises and directing customers to an open house for property for sale, rental, or lease. This definition does not include construction or project marketing signs.
SIGN, TEMPORARY. Any sign, banner, pennant, valance, inflatable or advertising display constructed of plastic, vinyl, paper, cloth, canvas, light fabric, cardboard, wall board, or other light materials, with or without light frames, usually intended to be displayed out of doors for an event which spans a short period of time.
SIGN, WALL. A sign that is either painted on a wall or its facing, or is painted in such a way that it gives the visual appearance of being painted on a wall or facing by not having a frame or separation from the wall or facing, or consists of flat, individually-constructed letters.
SIGN, WINDOW. Any sign either attached to a window or door or located within a building so as to be visible through a window or door by people outside of the building. This term does not include merchandise displays.
SIGN, YARD SALE. A temporary sign that announces a yard sale, garage sale, or similar event on a property.
SINGLE-FAMILY AGRICULTURAL USES. Property with the primary use of residential that is also utilizing agricultural uses as a secondary use to provide for the household. This includes the growing and harvesting of crops or the raising of fowl or animals. This does not include activities involving the processing or distribution of agricultural products.
STABLE, PRIVATE. A detached accessory building for the keeping of horses owned by the occupants of the premises, and not kept for remuneration, hire, or sale.
STABLE, PUBLIC. A stable other than a private stable.
STORY. The space within a building, other than a cellar, included between the surface of any floor and the surface of the ceiling next above.
STORY, HALF. A story with at least two of its 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 thoroughfare, dedicated, abandoned, or condemned for public use prior to the initial enactment of the zoning code, which affords the principal means of access of abutting property and is more than 26 feet wide, and any public thoroughfare dedicated to the public and accepted by proper public authority or condemned for public use after that date.
STRUCTURE. Anything constructed or erected, the use of which requires location on the ground, or attachment to something having location on the ground.
STRUCTURAL ALTERATIONS. Any change in supporting members of a building, such as bearing walls, columns, beams, or girders.
SWIMMING POOL. Any artificial or semi-artificial container, whether indoors or outdoors, and whether above or below the surface of the ground, or both, used or intended to be used to contain a body of water for swimming by any person or persons, together with all permanent structures, equipment, appliances, and other facilities used or intended for use in and about the operation, maintenance, and use of such pool.
SWIMMING POOL, FAMILY. A swimming pool used and intended to be used solely by the owner, operator or lessee thereof and his, her, or their family and by friends invited to use it without payment of any fee or consideration.
TAVERN. Any business establishment operating under a Class “C” beer license. Such establishments shall be limited in number to two per lineal block.
THEATER, INDOOR PICTURE. A building or part of a building devoted to the showing of moving pictures on a paid admission basis.
THEATER, OUTDOOR DRIVE-IN. An open lot or part thereof, with its appurtenant facilities devoted primarily to the showing of moving pictures, on a paid admission basis, to patrons seated in automobiles.
USE. The specific purposes for which land or a building is designed, arranged, intended, or for which it is or may be occupied or maintained.
USE, ACCESSORY. A subordinate use customarily incidental to and located upon the same lot occupied by the main use and devoted exclusively to the main use of the premises.
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 §§ 155.125 and 155.126 of this zoning code 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. Any use lawfully occupying land or buildings as authorized in the zone regulations and for which no conditional use permit is required.
WIDTH OF LOT. The distance between the side lot lines at the distance back from the front lot line required for the depth of the front yard.
YARD. An open space on a lot, other than a court, unoccupied and unobstructed from the ground upward by buildings, except as otherwise provided herein.
YARD, FRONT. An open space on the same lot with a building between the front line of the building (exclusive of steps) and the front lot line and extending across the full width of the lot. The depth of the FRONT YARD is the minimum distance between the front lot line and the front line of the building. On corner lots, the FRONT YARD shall be that part of the lot between the principal or entrance side of the building and the street line parallel thereto. The principal side of a building shall be that side with the greater number of entrances or the longer side, as designated by the Building Inspector. If there are an equal number of entrances or sides of equal length, either side may be designated as the principal side.
YARD, REAR. An open, unoccupied space on the same lot with a building between the rear line of the building (exclusive of steps) and the rear lot line and extending the full width of the lot. The depth of the REAR YARD is the minimum distance between the nearest part of the rear lot line and the nearest part of the rear line of the main building.
YARD, SIDE. An open, unoccupied space on the same lot with a building, between the sideline of the building, (exclusive of steps) and the side lot line and extending from the front yard to the rear yard. The width of the SIDE YARD is the minimum distance between the nearest part of the side lot line and the nearest part of the sideline of the building. The SIDE YARD shall remain unoccupied of slabs, and hard surface improvements (vehicle storage not permitted). The intent of the SIDE YARD is to be a landscaped buffer between neighboring properties and uses.
ZONE. The geographical area of the city within which the zoning regulations are uniform.
ZONING CODE. The zoning code of the City of Elwood, Utah.
(Ord. passed 7-9-2024)