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

(Prior code § 22-1-6 (part))

"Abandonment." See Section 19.88.130.

(Prior code § 22-1-6(1))

"Agriculture" means the tilling of the soil, the raising of crops, horticulture and gardening, but not including the keeping or raising of domestic animals or fowl, except household pets, and not including any agricultural industry or business such as fruit-packing plants, fur farms, animal hospitals or similar uses.

(Prior code § 22-1-6(2))

"Airport" means any landing area, runway or other facility designed, used or intended to be used either publicly or by any persons for the landing and taking off of aircraft, including all necessary taxiways, aircraft storage and tiedown areas, hangars, and all other necessary buildings and open spaces.

(Prior code § 22-1-6(3))

"Alley" means a public thoroughfare less than twenty-five feet wide.

(Prior code § 22-1-6(4))

"Amusement device" means any video game, pinball or other machine, whether mechanically or electronically operated that, upon insertion of a coin, trade-token, slug or similar object, or upon payment of money or other consideration through use of a metered or similar device, operates or may be operated as a game or contest of skill or amusement of any kind or description, and that contains no automatic payoff for the return of money or trade-tokens, or that makes no provision whatever for the return of money to the player. An amusement device is further defined as any machine, apparatus or contrivance that is used or that may be used as a game of skill and amusement wherein or whereby the player initiates, employs or directs any force generated by the machine. An amusement device shall exclude billiard, pool or bagatelle tables.

(Ord. 1172A § 2, 1991: (part) of Ord. passed 3/3/82: prior code § 22-1-6 (part))

"Antique" means a relic, work of art, piece of furniture or other decorative object of ancient times, or made in a former age or period, highly valued for its beauty, craftsmanship or rarity.

((Part) of Ord. passed 4/21/82: prior code § 22-1-6 (part))

"Apartment court" means any building or group of buildings which contains dwelling units, and also satisfies the definition of tourist court, as defined in this chapter.

(Prior code § 22-1-6(7))

"Apartment house" means a multiple dwelling; see "Dwelling, multiple-family."

(Prior code § 22-1-6(6))

"Apartment hotel" means any building which contains dwelling units and also satisfies the definition of a hotel, as defined in this chapter.

(Prior code § 22-1-6(5))

"Apartments for elderly persons" means an apartment building or complex of buildings, twenty-four units or greater for occupancy exclusively by persons at least sixty-two years of age.

(Ord. 1331 § 2, 1996)

"Arcade" means any business catering to minors, containing four or more amusement devices.

((Part) of Ord. passed 3/3/82: prior code § 22-1-6 (part))

"Area of special flood hazard" means the land in the floodplain within a community subject to a one-percent or greater chance of flooding in any given year.

(§ 1 (part) of Ord. passed 11/13/85: prior code § 22-1-6(110))

"Base flood" means a flood having a one-percent chance of being equaled or exceeded in any given year.

(§ 1 (part) of Ord. passed 11/12/85: prior code § 22-1-6(111))

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

(Ord. 1091 § 3, 1989: prior code § 22-1-6(8))

"Bed and breakfast homestay" means a dwelling which has frontage on a street with a minimum right-of-way of sixty feet, contains a maximum of five guestrooms, is occupied by the owner or individual responsible for operating the facility, and used for accommodations or lodging of guests paying compensation. Breakfast may be served during the a.m. hours. Lunch or dinner may not be served. This use shall not change the character of the dwelling or property for residential purposes, and shall meet the requirements of the health department and the fire department. (The requirements of the health department limit breakfast to a continental-type breakfast unless certain specified health regulations are met.)

(Ord. 1473 (part), 2001: Ord. 1198 §§ 2, 4, 1992: Ord. 1088 § 3, 1989)

"Bed and breakfast inn" means a building containing a minimum of six guestrooms, but not more than thirty guestrooms (except the R-4-8.5 and R-M zones which are limited to a maximum of twenty guestrooms), is used for accommodations or lodging of guests paying compensation where at least a breakfast meal is served, and in which no provision is made for cooking in any individual guestroom. The structure shall have a residential appearance, and be limited to a maximum of two stories in height.

(Ord. 1198 §§ 3, 5, 1992)

"Boardinghouse" means a building with not more than five guestrooms, where, for compensation, meals are provided for at least five but not more than fifteen persons.

(Prior code § 22-1-6(9))

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

(Prior code § 22-1-6(10))

"Accessory building" means a detached, subordinate building clearly incidental to and located upon the same lot occupied by the main building. Also, a building clearly incidental to an agriculture or animal care land use located on a lot in an agriculture zone, which lot meets the minimum lot size for such zone and is not under one acre in area.

(Prior code § 22-1-6(11))

1. "Height of building" means the vertical distance above the lowest original ground surface at any point on the perimeter of the building to the highest point of the coping of a flat roof, or to the deck line of a mansard roof, or to a level midway between the level of the eaves and the highest point of pitched or hipped roofs, or to a level two-thirds of the distance from the level of the eaves to the highest point of gambrel roofs. For purposes of measuring height, the "level of the eaves" means the highest level where the plane of the roof intersects the plane of the outside wall on any side containing an eave.
2. Buildings may be stepped to accommodate the slope of the terrain provided that each step shall be at least twelve feet in horizontal dimension. The height of each stepped building segment shall be measured as required in subsection A.
3. Original ground surface shall be the elevation of the ground surface in its natural state before any manmade alterations including but not limited to grading, excavation or filling, excluding improvements required by zoning or subdivision ordinances. When the elevation of the original ground surface is not readily apparent because of previous manmade alterations, the elevation of the original grade shall be determined by the development services division using the best information available.
   

(Ord. 1509 § 2, 2003; Ord. 1237 § 2, 1993: Ord. 1091 § 4, 1989: prior code § 22-1-6(12))

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

(Prior code § 22-1-6(13))

"Canopy" means a roofed structure supported by a building and/or supports extending to the ground directly underneath the canopy, and providing a protective shield for service-station pump islands and walkways.

(Prior code § 22-1-6 (part))

"Carport" means a private garage not completely enclosed by walls or doors. For the purpose of this title, a carport shall be subject to all of the regulations prescribed for a private garage.

(Prior code § 22-1-6(14))

"Check cashing" means cashing a check for consideration or extending a deferred deposit loan (as defined by the Check Cashing Regulation Act of the Utah Code) but does not include the activities of depository institutions or persons who cash a check in a transaction that is incidental to the retail sale of goods or services for consideration that does not exceed the greater of one percent of the amount of the check or one dollar.

(Ord. 1639 § 1, 2008)

"Child nursery" means an establishment for the care, whether or not for compensation, of up to six children other than members of the family residing on the premises.

(Ord. passed 5/26/82: prior code § 22-1-6 (part))

"Church" means a building, together with its accessory buildings and uses, where persons regularly assemble for religious worship, and which building, together with its accessory buildings and uses, is maintained and controlled by a religious body organized to sustain public worship.

((Part) of Ord. passed 8/7/80: prior code § 22-1-6 (part))

"Class A beer outlet" means a place of business wherein beer is sold in original containers to be consumed off the premises in accordance with the Liquor Control Act of the state and the licensing ordinance of the metro township.

(Prior code § 22-1-6(74))

"Class B beer outlet" means a place of business in connection with a bona fide restaurant wherein beer is sold in original containers for consumption on the premises; provided, that the sale of beer is less than forty percent of the gross dollar value, subject to the provisions of the licensing ordinance of the metro township.

(Prior code § 22-1-6(75))

"Class C beer outlet" means a place of business wherein the primary or main business is that of selling beer for consumption on the premises.

(Prior code § 22-1-6(76))

"Conditional use" means a use of land for which a conditional use permit is required pursuant to Chapter 19.84 of this title.

(Prior code § 22-1-6(16))

"Corral" means a space, other than a building, less than one acre in area or less than one hundred feet in width, used for the confinement of animals.

(Prior code § 22-1-6(17))

"Court" means an occupied space on a lot, other than a yard, designed to be partially surrounded by group dwellings.

(Prior code § 22-1-6(18))

"Dairy" means a commercial establishment for the manufacture or processing of dairy products.

(Prior code § 22-1-6(19))

"Day care/Preschool center" means:

1. Any facility, other than an occupied dwelling, operated by a person qualified by the state, which provides day care, protection or supervision and/or preschool instruction.
2. No person who is violent or being treated for alcoholism or drug abuse can be placed in a day care/preschool center. Placement in a day care/preschool center may not be part of or in lieu of confinement, rehabilitation or treatment in a correctional facility.

(Ord. 1159 § 2, 1991: prior code § 22-1-6 (part))

"Development" means any man-made change to improved or unimproved real estate, including but not limited to buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations.

(§ 1 (part) of Ord. passed 11/13/85: prior code § 22-1-6(112))

"Director" means the director of the Planning and Development Services division.

(Ord. 1627 § 3, 2008: Ord. 1473 (part), 2001)

"Development services division" means the public works, planning and development services division.

(Ord. 1473 (part), 2001)

"Development services division" means the Salt Lake County public works, planning and development services division.

(Ord. 1473 (part), 2001)

"District" means a portion of the unincorporated area of Emigration Canyon Metro Township.

(Prior code § 22-1-6(20))

"Drive-in refreshment stand" means a place of business where food and drink are sold primarily for consumption on the premises outside the structure.

(Prior code § 22-1-6(77))

"Dwelling" means any building, or portion thereof, which is designated for use for residential purposes, except hotels, apartment hotels, boardinghouses, lodginghouses, tourist courts and apartment courts.

(Ord. 1103 § 2, 1990: prior code § 22-1-6(21))

"Four-family dwelling" means a single building under a continuous roof containing four dwelling units completely separated by either: (1) common interior walls, where the units are side by side; or (2) common interior floors, where the units are one above the other. A common wall(s) may be located within an attached garage used for the storage of private automobiles.

(Ord. 1370 § 2, 1996: prior code § 22-1-6(25))

"Dwelling group" means a group of two or more dwellings located on a parcel of land in one ownership and having any yard or court in common.

(Prior code § 22-1-6(27))

"Multiple-family dwelling" means a building arranged or designed to be occupied by more than four families.

(Prior code § 22-1-6(26))

"Single-family dwelling" means a building arranged or designed to be occupied by one family, the structure having only one dwelling unit.

(Prior code § 22-1-6(22))

"Three-family dwelling" means a single building under a continuous roof containing three dwelling units completely separated by either: (1) common interior walls, where the units are side by side; or (2) common interior floors, where the units are one above the other. A common wall(s) may be located within an attached garage used for the storage of private automobiles.

(Ord. 1370 § 3, 1996: prior code § 22-1-6(24))

"Two-family dwelling" means a single building under a continuous roof containing two dwelling units completely separated by either: (1) a common interior wall, where the units are side by side; or (2) a common interior floor, where the units are one above the other. A common wall may be located within an attached garage used for the storage of private automobiles.

(Ord. 1370 § 4, 1996: prior code § 22-1-6(23))

"Dwelling unit" means one or more rooms physically arranged so as to create an independent housekeeping establishment for occupancy by one family with separate toilets and facilities for cooking and sleeping. Buildings with more than one kitchen or set of cooking facilities are considered to contain more than one dwelling unit unless the additional cooking facilities are clearly accessory to a dwelling unit as determined by the development services director. Factors for determining whether cooking facilities are accessory to a dwelling unit may include but are not limited to:

1. A building design which allows all occupants ready access to all portions of the building including cooking facilities;
2. No portion of the building containing cooking facilities can be separated from the remaining rooms to form a separate dwelling unit;
3. There is only one electric and/or gas meter for the building.

(Ord. 1391 § 2, 1997: Ord. 1250 § 1, 1993)

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

((Part) of Ord. passed 8/7/80: prior code § 22-1-6 (part))

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

((Part) of Ord. passed 8/7/80: prior code § 22-1-6 (part))

"Family" means:

1. Any number of people living together in a dwelling unit and related by blood, marriage or adoption, and including up to three additional unrelated people; or
2. One to four unrelated people living together in a dwelling.
   Each unrelated person owning or operating a motor vehicle shall have a lawfully located off-street parking space.

(Ord. No. 1753, § II, 8-6-2013; Ord. 1347 § 2, 1996; (part) of Ord. passed 3-18-1981; prior code § 22-1-6(29))

"Family food production" means the keeping of not more than two cows, two sheep, two goats, twenty rabbits, fifty chickens, fifty pheasants, ten ducks, ten turkeys, ten geese and twenty pigeons, provided that not more than three of the above-listed kinds of animals and fowl are permitted at any one time on any lot in zones where family food production may be a permitted or conditional use.

(Ord. No. 1762, § II, 1-14-2014; prior code, § 22-1-6(30))

"Flood" or "flooding" means a general and temporary condition of partial or complete inundation of normally dry land areas from:

1. The overflow of inland or tidal waters; and/or
2. The unusual and rapid accumulation or runoff of surface waters from any source.

(§ 1 (part) of Ord. passed 11/13/85: prior code § 22-1-6(113))

"Flood Insurance Rate Map (FIRM)" means the official map on which the Federal Emergency Management Agency has delineated both the areas of special flood hazards and the risk premium zones applicable to the community.

(§ 1 (part) of Ord. passed 11/13/85: prior code § 22-1-6(114))

"Flood insurance study" means the official report provided by the Federal Emergency Management Agency that includes flood profiles, the flood boundary-floodway map, and the water surface elevation of the base flood.

(§ 1 (part) of Ord. passed 11/13/85: prior code § 22-1-6(115))

"Floodway" means the channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than one foot.

(§ 1 (part) of Ord. passed 11/13/85: prior code § 22-1-6(116))

"Frontage" means all 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 streets, or political subdivision boundary, measured along the street line. An intercepting street shall determine only the boundary of the frontage on the side of the street which it intercepts.

(Prior code § 22-1-6(31))

"Private garage" means an accessory building designed or used for the storage of not more than four automobiles owned and used by the occupants of the building to which it is accessory; provided, that on a lot occupied by a multiple dwelling, the private garage may be designed and used for the storage of one and one-half times as many automobiles as there are dwelling units in the multiple dwelling. A garage shall be considered part of a dwelling if the garage and the dwelling have a roof or wall in common. A private garage may not be used for storage of more than one truck for each family dwelling upon the premises, and no such truck shall exceed two and one-half tons capacity.

(Prior code § 22-1-6(32))

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

(Prior code § 22-1-6(33))

"Grade" means the lowest point of elevation of the finished surface of the ground, paving or sidewalk within the area between the building and the property line or, when the property line is more than five feet from the building, between the building and a line five feet from the building.

(Ord. 1091 § 5, 1989: prior code § 22-1-6(34))

"Graffiti" means inscriptions, drawings, paintings or other visual defacing of buildings, structures or natural features, without the consent of the owner thereof, and which is not otherwise authorized and permitted in the Emigration Canyon Metro Township ordinances.

(Ord. 1290 § 2, 1995)

"Guest" means a transient person who rents or occupies a room for sleeping purposes.

(Prior code § 22-1-6(83))

"Guestroom" means a room which is designed for double occupancy by guests, for sleeping purposes.

(Prior code § 22-1-6(84))

"Guest house" means 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.

(Prior code § 22-1-6(35))

"Home day care/preschool" means the keeping for care and/or preschool instruction of twelve or less children including the caregiver's own children under the age of six and not yet in full day school within an occupied dwelling and yard. (State regulations require two caregivers if there are more than six children in a home day care and may further limit the number of children allowed in a home day care.) A home day care/preschool must meet the following standards:

1. When allowed as a permitted use there shall be a maximum of six children without any employees not residing in the dwelling. When allowed as a conditional use there shall be a maximum of twelve children with not more than one employee at any one time not residing in the dwelling;
2. The use shall comply with the health department noise regulations;
3. The play yard shall not be located in the front yard and shall only be used between eight a.m. and nine p.m.;
4. The lot shall contain one available on-site parking space not required for use of the dwelling, and an additional available on-site parking space not required for use of the dwelling for any employee not residing in the dwelling. The location of the parking shall be approved by the development services division director to insure that the parking is functional and does not change the residential character of the lot;
5. No signs shall be allowed on the dwelling or lot except a nameplate sign;
6. The use shall comply with all local, state and federal laws and regulations. (The Life Safety Code includes additional requirements if there are more than six children);
7. Upon complaint that any of the requirements of this section or any other Metro Township ordinance are being violated by a home day care/preschool caregiver, the Metro Township shall review the complaint and if substantiated may institute a license revocation proceeding under Section 5.14.020; and
8. The caregiver shall notify in writing, on a form provided by the development services division, all property owners within a three hundred foot radius of the caregiver's property concerning the licensing of a home day care/preschool at such property.

(Ord. 1473 (part), 2001: Ord. 1179 §§ 2 and 3, 1992)

"Hotel" means a building designed for or occupied by sixteen or more guests who are for compensation lodged, with or without meals.

(Ord. 1337 § 2, 1996: prior code § 22-1-6(37))

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

(Prior code § 22-1-6 (part))

1. "Junk" means any salvaged or scrap copper, brass, iron, steel, metal, rope, rags, batteries, paper, wood, trash, plastic, rubber, tires, waste or other articles or materials commonly designated as junk. Junk, except as provided in subsections (B) or (C), shall also mean any dismantled, wrecked or inoperable motor vehicles or recreational vehicles or parts thereof which are stored or parked on property outside of an enclosed building and which remain in such condition for a period of time in excess of sixty days. An automobile, truck or bus shall be considered inoperable if it is not currently registered and licensed in this state or another state.
2. One truck with a capacity of one ton or less or automobile which is not currently licensed and registered in this state or another state but is otherwise operable may be stored on property for a period not to exceed two years if it is secured with the windows closed, the trunk and hood closed and the doors locked and is not damaged exposing jagged metal; or
3. One truck with a capacity of one ton or less or automobile which is inoperable may be stored in a side yard, except a side yard which faces on a street or a rear yard on property for a period not to exceed two years provided:
   1. The automobile or truck is secured with the windows closed, the trunk and hood closed and the doors locked and is not damaged exposing jagged metal; and
   2. The automobile or truck shall not be visible from any public street; and
   3. The automobile or truck is entirely concealed by a covering which is maintained in good condition and which does not extend closer to the ground than the lowest point of the vehicle body.
4. All existing legal nonconforming motor vehicles as of the effective date of the ordinance codified in this section, or any amendment hereto, shall comply with the provisions of this section within one year from the date of the enactment of this section or any amendment thereto.
   

(Ord. No. 1726, § II, 3-20-2012; Ord. 1152, § 2, 1991; prior code § 22-1-6 (part))

"Junkyard" means the use of any lot, portion of a lot, or tract of land for the sale, storage, keeping, disassembly or abandonment of junk or discarded or salvaged material, provided that this definition shall be deemed not to include such uses which are clearly accessory and incidental to any agricultural use permitted in the zone.

(Prior code § 22-1-6(39))

"Kennel" means the keeping of three or more dogs, at least four months old.

(Prior code § 22-1-6(40))

"Lodginghouse" means a building where lodging only is provided for compensation of five or more, but not exceeding fifteen persons.

(Prior code § 22-1-6(41))

"Lot" means a parcel of land occupied by a building or group of buildings, together with such yards, open spaces, lot width and lot areas as are required by this title, having frontage upon a street or upon a right-of-way approved by a land use hearing officer, or upon a right-of-way not less than twenty feet wide. Except for group dwellings and guest houses, not more than one dwelling structure shall occupy one lot.

(Ord. No. 1758, § VII, 9-24-2013; Ord. 1011, § 2, 1987; prior code § 22-1-6(42))

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

(Prior code § 22-1-6(43))

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

(Prior code § 22-1-6(44))

1. "Mobile home" or "manufactured home" means a structure transportable in one or more sections, which is built on a permanent chassis and is designed for use as a dwelling with or without a permanent foundation when connected to the required utilities.
2. The requirements of this title shall not be construed to prevent the storage of a mobile home in the rear yard of a dwelling structure. A mobile home so stored may be temporarily used for sleeping purposes by members or guests of the family residing in the dwelling structure, but the mobile home shall not be connected to utilities or used for residential purposes unless approved by the planning commission as a temporary use incidental to construction work.
3. Except as provided herein and in Section 19.76.290, a mobile home shall not be used for residential or sleeping purposes unless the mobile home is located in an approved mobile home park or an approved mobile home subdivision.
   

(Ord. 1068 § 2, 1989; Ord. 993 § 2, 1987: prior code § 22-1-6(45))

"Mobile home park" means any plot of ground upon which two or more mobile homes, occupied for dwelling or sleeping purposes, are located, regardless of whether or not a charge is made for such accommodation, pursuant to the mobile home park ordinance.

(Prior code § 22-1-6(46))

"Mobile store" means a portable structure, including vehicles, without a permanent foundation, for use on a temporary or seasonal basis, from which goods or merchandise are sold or where a service is provided which is utilized on the premises. Approval for each mobile store shall not exceed one hundred twenty days per calendar year at the same location or within two hundred fifty feet of a previously approved location.

(Ord. 1042 § 2, 1988: prior code § 22-1-6 (part))

"Natural waterways" means those areas varying in width along streams, creeks, gullies, springs or washes which are natural drainage channels, as determined by the building inspector, and in which areas no building shall be constructed.

(Prior code § 22-1-6(48))

"Neighborhood storage" means a building not served by sewer, water or gas utilities and used exclusively for storing personal property of an individual or family, retail business inventory items, and business records and accounts.

((Part) of Ord. passed 10/5/83: prior code § 22-1-6 (part))

"New construction" means structures for which the "start of construction" commenced on or after the effective date of the ordinance codified in Chapter 19.74 of this title, on floodplain hazard regulations.

(§ 1 (part) of Ord. passed 11/13/85: prior code § 22-1-6(119))

"Noncomplying structure" means a building or other structure or portion thereof lawfully constructed in compliance with the zoning ordinance existing at the time of construction, that no longer conforms to the height, area and/or yard regulations in the zone in which it is located due to changes to the zoning ordinance or to subsequent public acquisition of land for public improvements.

(Ord. 1627 § 4, 2008: prior code § 22-1-6(49))

"Nonconforming use" means a use which lawfully occupied a building or land at the time the ordinance codified in this title became effective and which does not conform with the use regulations of the zone in which it is located.

(Prior code § 22-1-6(50))

"Nursing home" means an establishment where persons are lodged and furnished with meals and nursing care.

(Prior code § 22-1-6(51))

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

(Ord. 1473 (part), 2001: 1986 Recodification)

"Package agency" means a retail liquor location operated under a contractual agreement with the state department of alcoholic beverage control, by a person other than the state, who is authorized by the state of Utah alcoholic beverage control commission to sell package liquor for consumption off the premises of the agency.

(Ord. 1008 § 2, 1987: prior code § 22-1-6(78))

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

(Prior code § 22-1-6(52))

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

(Prior code § 22-1-6(53))

"Permitted use" means a use of land for which no conditional use permit is required.

(Prior code § 22-1-6(54))

"Planned unit development" means a complete development plan for an area pursuant to Chapter 19.78 of this title.

(Prior code § 22-1-6(55))

"Planning commission" means the Emigration Canyon Metro Township Planning Commission.

(Ord. 1473 (part), 2001)

"Private educational institutions having an academic curriculum similar to that ordinarily given in public schools" means private training schools and other private schools which are instructional in nature, including laboratory and shop instruction with the use of demonstration vehicles, products or models incidental to such instruction, but not including the repair, maintenance or manufacture of vehicles, goods or merchandise, not providing direct services other than instruction to the general public.

(Prior code § 22-1-6(56))

"Private nonprofit locker club" means a social club, recreational, athletic or kindred association incorporated under the provisions of the Utah Nonprofit Corporation and Cooperation Act, which maintains or intends to maintain premises upon which liquor is or will be stored, consumed or sold.

(Prior code § 22-1-6(79))

"Private nonprofit recreational grounds and facilities" means nonprofit recreational grounds and facilities operated by an association incorporated under the provisions of the Utah Nonprofit Corporation and Cooperation Act, or a corporated sole.

(Prior code § 22-1-6(80))

"Protected living arrangement" means provision for food, shelter, appropriate sleeping accommodations, and supervision of activities of daily living for persons of any age who are unable to independently maintain these basic needs and functions.

(Ord. 1118 § 3, 1990)

"Public use" means a use operated exclusively by a public body, or quasi-public body, such use having the purpose of serving the public health, safety or general welfare, and including uses such as public schools, parks, playgrounds and other recreational facilities, administrative and service facilities, and public utilities.

(Prior code § 22-1-6(57))

"Quasi-public use" means a use operated by a private nonprofit educational, religious, recreational, charitable or philanthropic institution, such use having the purpose primarily of serving the general public, such as churches, private schools and universities, and similar uses.

(Prior code § 22-1-6(58))

"Rail transit mixed-use" means a use which allows rail-oriented development that combines different land uses within a single development, tract of land, building, or structure. Its purpose is to encourage development that is high quality, human scale, and pedestrian friendly, while creating a variety of complementary and integrated uses, such as, but not limited to, residential, office, manufacturing, retail, public, or entertainment, in a compact walkable urban form.

(Ord. 1574 § 2 (part), 2005)

"Commercial recreation" means recreational facilities operated as a business and open to the general public for a fee, such as golf driving ranges and baseball batting ranges.

(Ord. No. 1779, § II, 1-6-2015; prior code § 22-1-6(59))

Editor's note— Ord. No. 1779, § II, adopted January 6, 2015, renumbered former § 19.04.450 as a new § 19.04.448.

"Reiki business" means a business devoted primarily to Reiki healing, or any other system that has elements of the following. The practitioner, trained to access and serve as a channel for a sacred life force, places his or her hands on or just above the client's body in order to activate healing energy within receptive points on the body. The practitioner's hands move progressively with a passive touch through various positions on the body, remaining in each position for a period of time. As a harmonic flow of energy is strengthened, within the client and practitioner, healing occurs through the return of physical, mental and spiritual balance. For purposes of this title, a Reiki business shall not include Reiki healing, or similar system, which arc performed in a hospital or medical clinic.

(Ord. No. 1779, § II, 1-6-2015)

"Reiki business" means a business devoted primarily to Reiki healing, or any other system that has elements of the following. The practitioner, trained to access and serve as a channel for a sacred life force, places his or her hands on or just above the client's body in order to activate healing energy within receptive points on the body. The practitioner's hands move progressively with a passive touch through various positions on the body, remaining in each position for a period of time. As a harmonic flow of energy is strengthened, within the client and practitioner, healing occurs through the return of physical, mental and spiritual balance. For purposes of this title, a Reiki business shall not include Reiki healing, or similar system, which arc performed in a hospital or medical clinic.

(Ord. No. 1779, § II, 1-6-2015)

"Residential facility for persons with a disability" means a residence:

1. In which more than one person with a disability resides; and
2. Is (1) licensed or certified by the Department of Human Services under Utah Code, Unannotated 62A-2, Licensure of Programs and Facilities; or (2) licensed or certified by the Department of Health under Utah Code, Unannotated 26-21, Health Care Facility Licensing and Inspection Act.

(Ord. 1452 § 2 (part), 1999)

"Resort hotel" means a building or group of buildings, other than a motel, boardinghouse or lodging house, containing individual guestrooms, suites of guestrooms, dwelling units, and which furnishes services customarily provided by hotels.

(Prior code § 22-1-6(85))

"Resource recycling collection point" means a portable structure, enclosed bin, trailer, or reverse vending machine where recyclable material (aluminum cans, glass, paper, etc.) is exchanged for money or deposited as a donation. Approval is not to exceed twelve months without reapproval.

(Ord. 1042 § 5, 1988)

"Restaurant" means a place of business where a variety of hot food is prepared and cooked and complete meals are served to the general public for consumption on the premises primarily in indoor dining accommodations.

(Prior code § 22-1-6(81))

"Restaurant liquor license" means a public restaurant authorized by the state alcoholic beverage control commission as a liquor outlet allowing the storage, sale and consumption of liquor and alcohol on the premises.

(Ord. 1256 § 2, 1993: Ord. 1008 § 4, 1987)

"Sanitary landfill" means a land disposal site where solid waste is disposed of using sanitary landfilling techniques, including but not limited to an engineered method of disposing of solid waste on land in a manner that does not create a nuisance or health hazard and that protects the environment, by spreading the waste in thin layers, compacting it to the smallest practical volume, confining it to the smallest practical area, and covering it with soil by the end of each working day or as often as may be directed by the board of health.

(1986 Recodification)

"School" means an institution recognized as satisfying the requirements of public education and having an academic curriculum similar to that ordinarily given in public schools. Home occupations represented as schools shall not apply (dance, music, crafts, child nurseries, etc.).

((Part) of Ord. passed 8/7/80: prior code § 22-1-6 (part))

"Shopping center" means a group of architecturally unified commercial establishments built on a site which is planned, developed, owned and managed as an operating unit.

(Prior code § 22-1-6 (part))

"Sportsman's kennel" means a kennel for the keeping of three to five dogs which has a valid permit from the department of animal services and is located on a lot of at least one acre.

(Prior code § 22-1-6 (part))

"Private stable" means a detached accessory building for the keeping of horses owned by the occupants of the premises, and not kept for remuneration, hire or sale.

(Prior code § 22-1-6(60))

"Public stable" means a stable other than a private stable.

(Prior code § 22-1-6(61))

"Start of construction" includes substantial improvement, and means the date the building permit was issued, provided the actual start of construction, repair, reconstruction, placement or other improvement was within one hundred eighty days of the permit date. The actual start means either the first placement of permanent construction of a structure on a site, such as the pouring of slabs or footings, the installation of piles, the construction of columns, or any work beyond the stage of excavation; or the placement of a manufactured home on a foundation. "Permanent construction" does not include land preparation, such as clearing, grading and filling; nor does it include the installation of streets and/or walkways; nor does it include excavation for a basement, footings, piers or foundations or the erection of temporary forms; nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not as part of the main structure.

(Ord. 994 § 14, 1987)

"State store" means a facility for the sale of package liquor located on the premises owned or leased by the state and operated by state employees. This term shall not apply to restaurants, private clubs or package agencies.

(Ord. 1008 § 3, 1987: prior code § 22-1-6(82))

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

(Ord. 1091 § 6, 1989: prior code § 22-1-6(62))

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

(Ord. 1091 § 7, 1989)

"Half story" means a story with at least two of its opposite sides situated in a sloping roof, the floor area of which does not exceed two-thirds of the floor immediately below it.

(Prior code § 22-1-6(63))

"Street" means a thoroughfare which has been dedicated or abandoned to the public and accepted by proper public authority, or a thoroughfare, not less than twenty-five feet wide, which has been made public by right of use and which affords the principal means of access to abutting property.

(Prior code § 22-1-6(64))

"Structure" means anything constructed or erected which requires location on the ground, or attached to something having a location on the ground.

(Prior code § 22-1-6(65))

"Structural alterations" means any change in supporting members of a building or structure, such as bearing walls, columns, beams or girders.

(Prior code § 22-1-6(66))

"Studios" means a facility used for the instruction of specialized talents or skills.

(Prior code § 22-1-6 (part))

1. "Substantial improvement" means any repair, reconstruction or improvement of a structure, the cost of which equals or exceeds fifty percent of the market value of the structure, either:
   1. Before the improvement or repair is started; or
   2. If the structure is damaged and is being restored, before the damage occurred.
2. For the purpose of this definition, "substantial improvement" is considered to occur when the first alteration of any wall, ceiling, floor or other structural part of the building commences, whether or not that alteration affects the external dimensions of the structure.
3. The term does not, however, include either:
   1. Any project for improvement of a structure to comply with existing state or local health, sanitary or safety code specifications which are solely necessary to assure safe living conditions; or
   2. Any alteration of a structure listed on the National Register of Historic Places or a State Inventory of Historic Places.
      

(§ 1 (part) of Ord. passed 11/13/85: prior code § 22-1-6(118))

"Tanning studio" means any business which uses artificial lighting systems to produce a tan on an individual's body. This use specifically excludes spas, gymnasiums, athletic clubs, health clubs, and any exercise equipment.

(1986 Recodification)

"Tourist court" means any building or group of buildings containing sleeping rooms, with or without fixed cooking facilities, designed for temporary use by automobile tourists or transients, with garage attached or parking space conveniently located at each unit, including auto courts, motels or motor lodges.

(Prior code § 22-1-6(67))

1. "Short-term rental" means any dwelling or portion thereof that is available for use or is used for accommodations or lodging of guests, paying a fee or other compensation for a period of less than thirty consecutive days.
2. A short-term rental shall not contain more than four bedrooms.
3. A short-term rental shall be maintained to the following minimum standards:
   1. Structures shall be properly maintained, painted and kept in good repair, and grounds and landscaped areas shall be properly maintained and watered in order that the use in no way detracts from the general appearance of the neighborhood; and
   2. Required parking areas and access to parking areas shall be maintained and available for use at all times. Parking for this use shall be contained on the site, and shall not be allowed on the public rights-of-way; and
   3. Snow shall be removed from sidewalks and driveways within one hour after the snow has ceased falling, provided that in case of a storm between the hours of five p.m. in the afternoon and six a.m. in the morning, the sidewalk shall be cleaned before eight a.m. the morning following the storm.
4. Occupants of a short-term rental shall not create excessive noise that is incompatible with adjacent land uses.
5. A short-term rental use shall not have any signs on the premises that advertise the use.
6. The use of a dwelling as a short-term rental shall not change the appearance of the dwelling or property for residential purposes.
7. Outdoor pools, hot tubs or spas shall not be used between the hours of ten p.m. and eight a.m.
   

(Ord. 1361 § 3, 1996: Ord. 1115 § 1, 1990)

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

(Prior code § 22-1-6(68))

"Commercial vehicle" means any motorized vehicle or trailer used for or intended for business use - including but not limited to the transportation of commercial equipment, merchandise, produce, freight, commodities, passengers, or animals - and which is characterized by any of the following:

1. Heavy equipment, such as earth movers, backhoes, cranes, forklifts, bulldozers, and the like, which are commonly used for construction, excavation, demolition, or lifting; vehicles used to haul equipment or materials, such as dump trucks, tanker trucks, semi-tractors, semi-trailers, cement trucks, or other similar vehicle.
2. Pickup trucks over one ton with a commercial modification, such as a flat bed, a dumping mechanism, mechanical lifts or arms for loading and unloading materials/equipment, aerial buckets or platforms, or other similar feature.
3. Vehicles with more than two axles.
4. Vehicles that exceed eight feet in height.

(Ord. No. 1726, § II, 3-20-2012)

"Private vehicle" means an automobile, sport utility, crossover, pickup truck, motorcycle, or similar motorized device in which a person or thing is, or can be, transported from one place to another, except commercial or recreational vehicles as defined in this chapter.

(Ord. No. 1726, § II, 3-20-2012)

"Recreational vehicle" means a vehicle, snowmobile, trailer, camper, or watercraft with or without a motor, designed and constructed for recreational use or as temporary living quarters for travel or vacation purposes. "Recreational vehicle" does not include human or battery powered personal apparatuses, such as bicycles, kick-scooters, or children's toys.

(Ord. No. 1726, § II, 3-20-2012)

"Width of lot" means the distance between the side lot lines and the distance back from the front lot line required for the depth of the front yard.

(Prior code § 22-1-6(69))

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

1. Fences;
2. Canopies allowed under subsection B of Section 19.80.120;
3. Accessory buildings in a rear yard;
4. The ordinary projections of windows where the projection is at least eighteen inches above floor level, roofs, cornices, chimneys, flues and other ornamental features which project into a yard not more than three feet;
5. Open or lattice-enclosed exterior stairways, located in a commercial or manufacturing zone, projecting into a yard not more than five feet;
6. Structures less than eighteen inches in height from the finished ground surface.

(Ord. 1227 § 2, 1993: prior code § 22-1-6(70))

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

(Prior code § 22-1-6(71))

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

(Prior code § 22-1-6(72))

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

(Prior code § 22-1-6(73))