It is the intent of the city council to define certain words and phrases as a means of facilitating understanding of terms which may not be universally understood in the sense that the city council intends that they should be understood. (Ord. 2006-1, 4-13-2006)

As used in this title, the following words and terms shall have the meanings ascribed to them in this section:

AGRICULTURE: The growing of soil crops in the customary manner in the open or in an enclosed greenhouse structure. It shall include livestock raising activities.

APARTMENT HOUSE (MULTIPLE DWELLING): Any building or portion thereof which is designed, built, rented or leased, let or hired out to be occupied or which is occupied as the home or residence of three (3) or more families living independently of each other and doing their own cooking within the premises.

APPROVED WATER SYSTEM, PUBLIC WATER SYSTEM: The Ferron City water system.

BASE FLOOD, 100-YEAR FLOOD: The flood with a level of flow having a one percent (1%) chance of being equaled or exceeded in any given year.

BOARDING HOUSE, LODGING HOUSE: A building containing not more than one kitchen, where for compensation, meals are provided pursuant to previous arrangements on a daily, weekly or monthly basis as distinguished from a motel, cafe or rooming house.

BUILDING: Any structure built for the support, shelter or enclosure of persons, animals, chattels or property of any kind.

BUILDING, ACCESSORY: A subordinate building, the use of which is incidental to that of the main building.

BUILDING LINE: A line designating the minimum distance which buildings must set back from a street or lot line.

BUILDING, MAIN: One or more of the principal buildings upon a lot.

CARPORT: A structure not completely enclosed by walls for the shelter of automobiles.

CLINIC: A building used for the diagnosis and treatment of ill, infirm and injured persons, but which building does not provide board, room or regular hospital care and services.

CLUB: A building used, occupied and operated by an organized association of persons for social, fraternal, religious or patriotic purposes, whose activities are confined to the members and their guests, but shall not include any organization, group or association, the principal activity of which is to render a service usually and ordinarily carried on as a business.

COMMON AREA: An area designed to serve two (2) or more dwelling units or separate uses with convenient access to the area.

COMPREHENSIVE PLAN: A coordinated plan, which has been prepared and adopted for the purpose of guiding development, including, but not limited to, a plan or plans of land use, circulation, housing and public facilities and grounds.

CONDITIONAL USE: Generally, a use which requires approval of the planning commission, board of adjustment or city council before the zoning administrator may issue a permit therefor. Uses which require individual consideration of surrounding conditions and circumstances to carry out the intent and purpose of the land use plan. A use for which a conditional use permit is required by this title.

CONVALESCENT HOME: See definition of Rest Home, Nursing Home, Convalescent Home.

CONVENTIONAL ("STICK BUILT") CONSTRUCTION: A dwelling which is constructed in compliance with the provisions of the building, mechanical, electrical and plumbing codes adopted by the state of Utah.

CURB CUT: A cut in the curb line for the passage of vehicles.

DENSITY: Density of population measured by the number of dwelling units per acre of land.

DRIVE-IN RETAIL: Any form of merchandising, serving or dispensing of goods in which the customer is serviced while in his automobile.

DWELLING: A building or other structure intended, whether permanently or temporarily, for human habitation and having at least eight hundred forty (840) square feet of living area.

DWELLING, BACHELOR: A dwelling unit which is occupied by four (4) or more nonrelated adults.

DWELLING, CARETAKER: A dwelling which is occupied by a person whose function is to watch or take care of a business or industry which is located on the same premises as the dwelling.

DWELLING, CONVENTIONAL: A dwelling which is constructed in compliance with the provisions of the uniform building code, uniform mechanical code, national electrical code and state plumbing code as adopted by the city.

DWELLING, MULTI-FAMILY: A building containing three (3) or more separate dwelling units, each of which is designed for occupation by one family.

DWELLING, ONE-FAMILY: A building containing one dwelling unit which is designed for or occupied by one family.

DWELLING, TWO-FAMILY: A building containing two (2) separate dwelling units, each of which is designed for or occupied by one family.

DWELLING UNITS: One or more rooms in a building designated for living purposes having one kitchen or set of cooking facilities and an independent water closet and bathing facilities.

FAMILY: An individual or two (2) or more persons related by blood, marriage or adoption, living together in a single dwelling unit and maintaining a common household. A family may include two (2), but not more than two (2) nonrelated individuals, a fraternity, club or institutional group.

FENCE, SIGHT OBSCURING: A fence having a height of at least six feet (6') above grade which permits vision through not more than ten percent (10%) of each square foot more than eight inches (8") aboveground.

FINAL PLAT, RECORD OF SURVEY MAP: A plat or plats of surveyed land within a subdivision or other large scale development, which has been prepared in accordance with applicable city standards and/or state statutes for the purposes of recording in the office of the county recorder.

FLOOR AREA: The floor area of a building is the sum of the areas of several floors of the building, including basements, mezzanines and penthouses, of headroom height, measured from the exterior walls or from the centerline of walls separating buildings. The floor area does not include unoccupied features such as pipe trenches, exterior terraces or steps, chimneys, roof overhangs, etc.

FRACTIONAL NUMBERS OR MEASUREMENTS: In determining the requirements of this title, whenever a fraction of a number or a unit is one-half (1/2) or more, and whenever a fraction of a number or a unit resulting from a computation is one-half (1/2) or more, said fraction shall be considered as a whole number or a unit, where the fraction is less than one-half (1/2), said fraction shall not be included in determining requirements.

GARAGE, PRIVATE: A building or part thereof designed for the parking or temporary storage of automobiles of the occupants of the premises.

GRADE: A. For buildings fronting one street only, the elevation of the sidewalk or centerline of street, whichever is higher, at right angles to the midpoint of the fronting wall.

   B.   For buildings fronting more than one street, the average of the elevations of the sidewalk or centerline of street, at right angles to the midpoint of the fronting walls.

   C.   For buildings having no wall fronting the street, the average level of the sidewalk or centerline of surrounding streets, whichever is higher.

HUD (FEDERAL HOUSING) CODE: The federal manufactured housing construction and safety standards act of 1974.

HEIGHT OF BUILDING: The vertical distance from the grade to top of the building walls. Where the building walls vary in height along a side, the height of the building shall be determined by multiplying the length of each section of said wall by its height and dividing the sum derived therefrom by the total length of said wall.

HOME OCCUPATION: Any occupation conducted within a dwelling and carried on by persons residing in the dwelling.

JUNKYARD: A place where scrap, waste, discarded or salvaged materials are bought, sold, exchanged, baled, packed, disassembled or handled or stored, including auto wrecking yards, house wrecking yards, used lumberyards and places or yards for storage of salvaged house wrecking and structural steel materials and equipment; but not including such places where such uses are conducted entirely within a completely enclosed building or where salvaged materials are kept incidental to manufacturing operations conducted on the premises.

KENNEL: Land or buildings used in the keeping of four (4) or more dogs over six (6) months old.

LAND USE PLAN: A plan adopted and maintained by the city council which shows how the land should be used; an element of the master plan.

LANDSCAPE PLAN, PLANTING PLAN: A plan showing the location and dimensions of plants, irrigation equipment, curbs and other protective features around the edge of the planting beds and the location and species of plants to be planted.

LANDSCAPING: The use and integration of a combination of planted trees, shrubs, vines, ground covers, lawns, rocks, fountains, pools, artworks, screens, walls, fences, benches or surfaced walkways set into an aesthetically pleasing arrangement as determined by the planning commission or their authorized representatives. However, the use of structures or surfaced walkways, alone, in the absence of planted trees, lawns, etc., shall not meet the requirements of this title.

LIVESTOCK CORRAL: A place or pen where livestock are kept on a seasonal basis as part of an agricultural enterprise or operation as distinguished from a livestock feed yard.

LIVING OPEN SPACE: That portion of the yards on a zoning lot which is not used by automotive vehicles, but reserved for outdoor living space, recreational space and landscaping.

LODGING HOUSE: See definition of Boarding House, Lodging House.

LOT: A single parcel or tract of land.

LOT, CORNER: A lot situated at a junction of two (2) public streets or situated on a curved street or way, the radius of which is thirty five feet (35') or less and where the angle formed by the intersection of the tangent is one hundred five degrees (105°) or less.

LOT, INTERIOR: A lot other than a corner lot.

LOT OF RECORD: A lot designated on a subdivision plat or deed, duly recorded pursuant to statute in the county recorder's office. A lot of record may or may not coincide with a zoning lot.

LOT, ZONING: A parcel of land which:

   A.   Complies with all existing area frontage, width and supplementary requirements of the zone in which it is located.

   B.   Has frontage on: 1) a city street that has been accepted in accordance with city standards and is in use by the public; or 2) a private right of way within an approved large scale development.

   C.   Is shown as a separate lot in an approved subdivision plat or large scale development plan, which plat or plan has been approved in accordance with the applicable ordinances or which is exempted from compliance with said ordinances.

LOW IMPACT BUSINESS: A business that does not have an external impact greater than the impact of normal residential use. There shall not be more than five (5) employees at the physical location at one time. There will be no unusual traffic (delivery trucks, commercial vehicles, heavy equipment, client vehicles, etc.) permitted either on or off site which are not customarily observed in residential use. There will be no unusual amounts of waste, dust, odors, noise and other contamination generated at the location.

MANUFACTURED HOME: A manufactured home is a transportable structure in one or more modules which is built on a permanent chassis and designed to be used as a dwelling with a permanent foundation and footings when connected to the required utilities, and includes the plumbing, heating, and electrical systems contained therein. For the purposes of this title, the definition of a manufactured home shall be construed to include mobile homes that are at least eight hundred forty (840) square feet and consists of one or more modules and is attached permanently to an approved foundation and footing, provided the units are manufactured after June of 1976, and stamped approved by HUD and contains the federal insignia proof of approval on display and visibly accessible.

MANUFACTURED (MOBILE) HOME PARK: An area or tract of land used to accommodate two (2) or more manufactured and/or mobile homes.

MOBILE HOME: A dwelling unit designed to be transported, after fabrication, on its own wheels or on detachable wheels and which is ready for occupancy as an independent dwelling unit, except for connection to utilities and/or location on a foundation. The term "mobile home" shall include homes which were manufactured elsewhere on or before June of 1976, and moved into an area for use as permanent housing.

MODULAR UNIT: A dwelling that is assembled at the building site from manufactured sections or modules which meet the construction standards for conventional construction, specifically those adopted by the Utah uniform building code commission pursuant to Utah Code Annotated section 58-56-4.

NONCONFORMING BUILDING: A building, structure or portion thereof, which does not conform to the regulations of this title applicable to the zone or district in which such building is situated but which was in existence on the effective date hereof.

NONCONFORMING USE: A use of premises which does not conform to the regulations of this title, but which was in existence on the effective date hereof.

NURSERY, DAYCARE: A home or building in which children are tended or kept for compensation. Does not include overnight accommodations for such children as does a foster home or orphanage.

PARKING SPACE: Space within a building or parking area, exclusive of driveways, ramps, columns, office and working area, for the parking of a motor vehicle, not less than twenty feet (20') in length and not less than eight and five-tenths feet (8.5') in width.

RECREATIONAL VEHICLE: Vehicles which include camp trailers (including fifth wheel camp trailers), campers and motor homes and are not usually designed or intended to be a permanent dwelling.

RECREATIONAL VEHICLE COURT: An area or tract of land used to accommodate two (2) or more recreational vehicles.

RESIDENTIAL ACCESSORY STRUCTURE: A building or other structure which is incidental to and which is constructed on the same zoning lot as the dwelling for the exclusive use of the residents of such dwelling, including, but not limited to, a detached garage or carport for not more than three (3) automobiles, swimming pools, pergolas, tennis courts and private greenhouses.

REST HOME, NURSING HOME, CONVALESCENT HOME: A building for the care and keeping of elderly or infirm people afflicted with infirmities or chronic illness.

SALVAGE YARD: See definition of Junkyard.

SETBACK: The shortest distance between the property line and the foundation wall or main frame of the building.

SIGN: Any device for visual communication that is used for the purpose of bringing the subject thereof to the attention of the public, but not including a flag pole.

SIGN, ACCESSORY: A sign which directs attention to a business or profession conducted on the premises.

SIGN, AREA OF: The area of a sign shall be considered to include all lettering, wording and accompanying designs or symbols, together with any background material whether painted or applied. Where a sign consists of individual letters attached to or painted on a building or wall or window, the area of the sign shall be considered to be that of the smallest rectangle which encompasses all the letters or symbols.

SIGN, NONACCESSORY BILLBOARD: A sign which directs attention to a business, commodity, service or entertainment, conducted, sold or offered elsewhere than on the premises, and only incidentally on the premises, if at all.

SPECIAL EXCEPTION CONDITIONAL USE: A use which is not specifically permitted in a zone, such as an industrial use in a residential zone, but which is permitted as a special exception to this title, subject to compliance with conditions prescribed by the board of adjustment.

STREET, MAJOR: One of the principal thoroughfares, as shown or designated on the master street plan.

STREET, MINOR: Any dedicated street serving as the principal means of access to property, which street is not shown on the master street plan, as a principal thoroughfare.

VARIANCE: A waiver of specific regulations of this title granted by the board of adjustment in accordance with the provisions set forth in this title for the purpose of assuring that no property, because of special circumstances applicable to it, shall be deprived of privileges commonly enjoyed by other properties in the same zone.

YARD: An open space on the same lot with a building unoccupied or unobstructed from the ground upward, except as otherwise provided in this title.

YARD, FRONT: The minimum horizontal distance between the street line and the front line of the building or any projection thereof, excluding nonenclosed steps. On a corner lot, the front yard may be applied to either street.

YARD, REAR: An open, unoccupied space on the same lot as a building, measured from the rear line of the building (exclusive of steps) and the rear lot line, and extending for the entire width of the lot. In case of a corner lot where the building facade faces on the side street, the rear yard may be established from the side of the house to the side property line.

YARD, REQUIRED: The open space around buildings which is required by the terms of this title.

YARD, SIDE: A yard between the building and the side line of the lot and extending from the front yard to the rear yard. (Ord. 4-8-86, 4-8-1986; amd. Res. 2-25-97-2, 2-25-1997; 1998 Code; Ord. 2004-4, 12-16-2004; Ord. 2006-1, 4-13-2006; Ord. 2011-2, 4-28-2011; Ord. 2019-2, 10-10-2019)