Unless the context requires otherwise, the following definitions shall be used in the interpretation and construction of this title. 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 word “used” shall include arranged, designed, constructed, altered, converted, rented, leased, or intended to be used; and the word “shall” is mandatory and not directory. For the purposes of this title, certain terms and words are defined and are used in this title in that defined context. Any words in this title not defined in this chapter shall be as defined in “Black’s Law Dictionary”.

“Accessory dwelling unit” means a secondary habitable living unit detached from a primary single-family dwelling and contained on one lot, pursuant to the standards and regulations found in this Title.

"Internal accessory dwelling unit" means an accessory dwelling unit created:

A. within a primary dwelling;

B. within the footprint of the primary dwelling described in Subsection (1)(a)(i) at the time the internal accessory dwelling unit is created; and

C. for the purpose of offering a long-term rental of 30 consecutive days or longer.

D. “Primary dwelling" means a single-family dwelling that is detached and is occupied as the primary residence of the owner of record. "Primary dwelling" includes a garage if the garage is a habitable space and is connected to the primary dwelling by a common wall.

“Accessory use or building” means a use or structure subordinate to the principal use of a building or principal use on the same lot and serving a purpose customarily incidental to the use of the principal building or use. Garden sheds, garages, greenhouses, barns, external accessory dwelling units, and storage shelters are accessory buildings.

“Adjacent landowner” means any property owner of record, according to the records of the county recorder, whose property adjoins or abuts property proposed for subdivision, or any portion thereof.

“Administrative decision” means any final order, requirement, decision, determination or interpretation made by a land use authority in the administration or the enforcement of this title.

“Adversely Affected Party” means a person other than a land use applicant who: (1) owns real property adjoining the property that is the subject of a land use application or land use decision; or (2) will suffer a damage different in kind than, or an injury distinct from, that of the general community because of the land use decision.

“Affected Area” for notice requirement of adoption or modification of a land use regulation shall be as follows:

A. Zoning Map amendment. Notice shall follow Class A notice and prescribed in Utah Code 63G-30-102 et seq.

B. Zoning District amendments or creation. One notice shall be provided to those real property owners within the specifically affected zoning district 10 days prior to the public hearing.

C. Zoning District Change request or “rezone”. One notice shall be provided to those real property owners within 300’ feet of the subject property 10 days prior to the public hearing.

D. Development Agreement adoption or modification that modifies the underlying zoning regulations. One notice shall be provided to those real property owners within 300’ feet of the subject property10 days prior to the public hearing.

E. Text amendments to the land use regulation that do not substantially amend or create new regulatory provisions. Notice shall follow Class A notice and prescribed in Utah Code 63G-30-102 et seq.

"Affordable Housing Agreement" means a legally binding agreement between a Developer and Heber City which ensures that the requirements of this ordinance are satisfied.

"Affordable Housing Qualified Applicants" means applicants for Affordable Units. Income for such applicants is limited to no more than 80% to 50% of average median family income for Wasatch County for Moderate Income Housing, and limited to 50 to 30% of average median family income for Wasatch County for Low Income Housing. Impoverished Income is less than the 30% of the average median family income. If all other requirements are equal, first preference shall be given to public service and health care employees employed within Wasatch County, including municipal, county, school district, state and federal employees. Second preference shall be given to applicants who reside elsewhere but are employed full-time in Wasatch County. Third preference shall be given to applicants who neither work nor live in Wasatch County.

“Agent” or “owner” means any person who is legally authorized to act for the property owner.

"Agriculture" means the growing of soil crops in the customary manner in the open. It does not include livestock raising activities, nor does it include retailing of products on the premises.

“Agriculture, intensive” means the raising of crops combined with industry or business, such as fruit packing plants, fur farms, animal hospitals, greenhouses, or similar uses.

"Apartment house" or "multiple dwelling" means 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 or more families living independently of each other and doing their own cooking within the premises. 

“Appeal authority” means the person, board, commission, agency, or other body designated by ordinance to decide an appeal of a decision of a land use application or a variance.

“Basement” is defined by the adopted International Residential Building Code as a story that is not a Story Above Grade Plane.

Bed and Breakfast Home means an owner occupied single-family dwelling that contains not less than two and no more than eight guest rooms where lodging, with or without meals, is provided for compensation. 

An establishment, with lodging, where meals are regularly prepared and served for compensation and where food is placed upon the table family style, without service or ordering of individual portions from a menu.

"Body art facility" or “facilities” means a facility where an individual practices or instructs:

(a) body piercing; (b) permanent cosmetics; (c) microblading; or (d) tattooing.

But does not include:

(a) Branding; or (b) Scarification

"Microblading" means a procedure where a hand tool with a blade formed of tiny needles implants permanent or semi-permanent pigment, resembling hair, into the skin of the eyebrow area with fine and short strokes.

"Permanent cosmetics" means a permanent or semi-permanent tattoo: to the eyebrows, eyelids, lips, or other parts of the body for beauty marks, hair imitation, lash enhancement, or tissue re-pigmentation;

"Building" means any structure built for the support, shelter or enclosure of persons, animals, chattels or property of any kind. 

1. "Building line" means a line designated the minimum distance which buildings must set back from a street or lot line. 
2. "Main building" means one or more of the principal buildings upon a lot.

“Buildable Area” means the portion of land located beyond the property boundary setbacks. The building pad is a rectangular area surrounded by common or limited common area.

"Cannabis cultivation facility" means a person that:

A. possesses cannabis;

B. grows or intends to grow cannabis; and

C. sells or intends to sell cannabis to a cannabis cultivation facility, a cannabis processing facility, or a medical cannabis research licensee.

“Cannabis pharmacy” means a business, licensed by the state of Utah, to distribute cannabis products by prescription for medical purposes.

“Cannabis processing facility” means a person that acquires or intends to acquire cannabis from a cannabis production establishment; possesses cannabis with the intent to manufacture a cannabis product; manufactures or intends to manufacture a cannabis product from unprocessed cannabis or a cannabis extract; and sells or intends to sell a cannabis product to a medical cannabis pharmacy or a medical cannabis research licensee.

“Cannabis production establishment” means a cannabis cultivation facility, a cannabis processing facility, or an independent cannabis testing laboratory.

"Carport" means a structure not completely enclosed by walls for the shelter of automobiles. 

“Car wash” means an establishment primarily engaged in cleaning or detailing motor vehicles, whether self-service, automatic, or by hand.

"Clinic" means 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" means 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" means an area designed to serve two or more dwelling units or separate uses with convenient access to the area.

"Combination of Buildings", for the purpose of determining total permitted square footage for a building(s) or property(s) means two or more buildings that are within 1,000 feet of each other as measured from the outside exterior walls of two of the buildings.

“Commercial complex” means two or more commercial uses on a single lot or adjacent lots which are dependent upon each other to meet minimum standards for parking, vehicular circulation, or landscaping or which are approved as elements in an overall site plan under a conditional use or subdivision application.

"Common Ownership or Management" means owned, leased, possessed, managed or otherwise controlled, in any manner, directly or indirectly,

A. by the same individual(s) or entity(ies), including but not limited to corporation(s), partnership(s), limited liability company(ies) or trust(s), or

B. by different individuals or entities, including but not limited to corporations, partnerships, limited liability companies or trusts where such individual(s) or entity(ies) have a controlling ownership or contractual right with the other individual(s) or entity(ies) with respect to the retail businesses, or where the same individual(s) or entity(ies) act in any manner as an employee, owner, partner, agent, stockholder, director, member, officer or trustee of the entity(ies).

“Community Development Director” means the individual appointed by the City Council who coordinates with City staff, departments, commissions and other governmental entities, on projects that deal with the planning, zoning and economic development of the City. The Community Development Director manages the Planning and Building Departments.

“Complete application” means when the applicant provides a land use application in a form that complies with the requirements of this title and applicable Heber City ordinances and pays all applicable fees.

"Comprehensive or General plan" means a coordinated plan, which has been prepared and adopted for the purpose of community policies guiding development, including, but not limited to, a plan or plans of land use, circulation, housing and public facilities and grounds.

"Conditional Use" means a land use that, because of its unique characteristics or potential impact on the municipality, surrounding neighbors, or adjacent land uses, may not be compatible in some areas or may be compatible only if certain conditions are required that mitigate or eliminate the detrimental impacts. It is also a use for which a conditional use permit is required by this title.

“Condominium” means the ownership of a single unit in a multi-unit project or structure together with an undivided interest in common in the common areas and facilities of the property.

"Coop" means a cage, pen, enclosure, or building for the sheltering of chickens.

“Craftsman Industrial” means light manufacturing uses occurring entirely within a building containing no more than 20,000 square feet. Such uses involve small scale fabrication, manufacturing, production, assembly and repair and have an accompanying retail component. Resulting products are intended for end users and consumers rather than as intermediates for use by other industries. Craftsman Industrial uses do not include the processing of animal byproducts and livestock feed yards, steel manufacturing plants, concrete batch plants, oil refineries, wallboard manufacturing and similar establishments which emit offensive fumes, smoke, noise, dust, odor, etc.

“Day Care Center, Commercial” means an establishment providing care and maintenance to eight (8) or more children at any one time of any age separated from their parents or guardians.

"Nonregistered home daycare" means a person who uses his/her principal place of residence to provide daycare for no more than six (6) children.

"Registered home daycare or preschool daycare" means the use of a principal place of residence to provide educational or daycare opportunities for children under age seven (7) in small groups. The group size at any given time shall not exceed eight (8), including the provider's own children under age seven (7).

"Density" means density of population measured by the number of dwelling units per acre of land.

"Development agreement" means a written agreement or amendment to a written agreement between a municipality and one or more parties that regulates or controls the use or development of a specific area of land.

"Drive-in retail" means any form of merchandising, serving, or dispensing of goods in which the customer is serviced while in his automobile.

As used in this title:

A. “Dwelling” means any building or portion thereof designed or used exclusively as the residence or sleeping place of one or more persons, but not including a tent or trailer.

B. “Dwelling, condominium” means a dwelling whose ownership conforms with the definition of “condominium” herein.

C. “Dwelling, multiple unit” means a building or portion thereof designed for or used exclusively as a residence by two or more families, living independently of one another.

D. “Dwelling, single-family” means a building designed for or used exclusively as a residence by one family.

E. “Dwelling, townhouse” means an attached or semi-attached building containing a single dwelling unit and located on a parcel of land in one ownership and having any yard or court in common.

F. “Dwelling, twin home” means a building designed and used as a residence by two families and for which each dwelling unit and its lot may be owned separately from the other dwelling unit and lot.

G. “Dwelling, two-family” or “duplex” means a building designed for or used exclusively as a residence by two families, living independently of one another.

H. “Dwelling unit” means one room, or suite, or two or more rooms, designed for or used by one family for living and sleeping.

"Family" means an individual or two (2) or more persons related by blood, marriage, or adoption, living together as a single dwelling unit and maintaining a common household. Relation by blood, marriage, or adoption is limited to the children (including foster and custodial children) of the primary companion couple or individual residing within the dwelling, and the extended relations, which includes parents, grandparents, great-grandparents, grandchildren, great-grandchildren, uncles and aunts, brothers and sisters, first cousins and immediate nieces and nephews of the primary companion couple or individual residing within the dwelling. A "family" may include two, but not more than two, non-related persons living as guests with the residing family. The term "family" shall not be construed to mean a group of unrelated individuals, a fraternity, club, or institutional group. The number of extended relations and unrelated guests residing with the family shall be limited to a maximum of six (6) persons, and in no case shall the number of extended relations and unrelated guests exceed one per 600 square feet of finished habitable floor space of the dwelling. Finished habitable floor space does not include a garage or any area that has been constructed without a building permit.

“Fence” means a structure serving as an enclosure, barrier, or boundary, enclosing an area such as a garden, yard or field, and usually made of posts of timber, concrete, vinyl, or metal and connected by wire, netting, rails, or boards.

A. “Field Fencing” means a metal wire mesh where the joints of the wire are tied together by additional pieces of wire or the twisting of the wire. This includes all other wire mesh products that are not defined as “Welded Wire”, such as chicken wire. B. “Welded Wire” mean a metal wire mesh where the joints of the wire are welded to create the square mesh, commonly known as hog wire or box wire.

"Sight-obscuring fence" means a fence having a height at least six feet above grade which permits vision through not more than ten percent of each square foot more than eight inches above ground.

The floor area of a building is the sum of the areas of the 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. This is commonly known as the building footprint. The floor area does not include unoccupied features such as pipe trenches, exterior terraces, or steps, chimneys, roof overhangs, etc.

In determining the requirements of this title, whenever a fraction of a number or a unit is one-half or more, and whenever a fraction of a number or a unit resulting from a computation is one-half or more, said fraction shall be considered as a whole number or a unit, where the fraction is less than one-half, said fraction shall not be included.in determining requirements.

"Private garage" means a building or part thereof designed for the parking or temporary storage of automobiles of the occupants of the premises.

“Garage, public” means any premises, other than a private garage, used for the parking or temporary storage of automobiles and available for use by the public.

A. Grade, existing: The elevation of the surface of the ground, whether natural or altered, that exists prior to the excavation or grading under consideration or otherwise in question.

B. Grade, finish: The elevation of the finished surface of the ground.

C. Grade, natural: The elevation of the surface of the ground which has been created through the action of natural forces and has not resulted from manmade cuts, fills, excavation, grading or similar earthmoving processes. The topographic maps of the City shall be the primary, though not exclusive, reference for determination of natural grade. Natural grade shall be determined in every instance where necessary by the City Building Dept.

"Group Care Residential facility" means a home where a small number of unrelated people in need of care, support, or supervision can live together and is licensed by the state of Utah as such, and:

A. in which more than one person with a disability as defined in Federal Fair Housing law resides; and

B. which is licensed or certified by the Department of Health and Human Services under:

1. Title 26B, Chapter 2, Part 1, Human Services Programs and Facilities; or 2. Title 26B, Chapter 2, Part 2, Health Care Facility Licensing and Inspection.

"Height of building" means the greatest distance measured from any point on a proposed or existing roof or eave (but excluding chimneys, pipes, HVACs, etc.) to the natural grade located directly below said point of the roof or eaves. Within any building footprint, height shall be measured vertically from any point on a proposed or existing roof to the natural grade directly below said point on a proposed or existing roof.

"Home occupation" means any occupation conducted within a dwelling and carried on by persons residing in the dwelling.

An health-care facility for care of ambulatory and non-ambulatory patients accommodating ten or more patients and which provides regular hospital care services.

A facility offering transient lodging accommodations on a daily rate to the public and providing additional services, such as restaurants, meeting rooms, and recreational facilities.

"Impact fee" means a payment of money imposed under Title 11, Chapter 36a, Impact Fees Act et seq.

"Infrastructure improvement" means permanent infrastructure that is essential for the public health and safety or that:

A. is required for human occupation; and

B. an applicant must install:

1. in accordance with published installation and inspection specifications for public improvements; and 2. whether the improvement is public or private, as a condition of:

a. recording a subdivision plat; b. obtaining a building permit; or c. development of a commercial, industrial, mixed use, condominium, or multifamily project.

"Junkyard" means a place where scrap, waste, discarded, recycled, 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. Salvage yard is included in this definition.

"Kennel" means land or buildings used in the keeping of four or more dogs over four months old.

"Land use applicant" means a property owner, or the property owner's designee, who submits a land use application regarding the property owner's land.

"Land use application means”

A. an application that is:

1. required by a municipality; and 2. submitted by a land use applicant to obtain a land use decision; and

B. does not mean an application to enact, amend, or repeal a land use regulation.

"Land Use Authority" means a person, board, commission, agency, or other body designated by the local legislative body to act upon a land use application.

"Land use decision" means an administrative decision of a land use authority or appeal authority regarding:

A. a land use permit; or

B. a land use application.

"Land use permit" means a permit issued by a land use authority.

"Land use regulation" means,

A. a legislative decision enacted by ordinance, law, code, map, resolution, specification, fee, or rule that governs the use or development of land;

B. includes the adoption or amendment of a zoning map or the text of the zoning code; and

C. does not include:

1. a land use decision of the legislative body acting as the land use authority, even if the decision is expressed in a resolution or ordinance; or 2. a temporary revision to an engineering specification that does not materially:

a. increase a land use applicant's cost of development compared to the existing specification; or b. impact a land use applicant's use of land.

Use plan" means a plan adopted and maintained by the city council which shows how the land should be used. The land use plan is an element of the master plan. 

"Landscaping" means some combination of planted trees, xeriscaping, shrubs, vines, ground cover, flowers, or lawns. In addition, the combination or design may include rocks and such structural features as fountains, pools, artworks, screens, walls, fences, or benches, but such objects alone shall not meet the requirements of this title.

"Large-scale development" means a development that contains two or more main buildings on a zoning lot and which development is planned and developed as a single entity.

"Livestock corral" means 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" is 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. 

See "Rooming House". 

"Lot" has the following meanings:

A. "Lot" means a tract of land, regardless of any label, that is created by and shown on a subdivision plat that has been recorded in the office of the county recorder.

B. "Lot of record" means 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;

C. “Lot, corner” means a lot abutting on two or more intersecting streets.

D. “Lot, double frontage lot” shall mean having a frontage on two parallel or approximately parallel streets. Said lots for purposes of this title shall have two street frontages and two front yards.

E. “Lot, flag” means a lot which meets all minimum size requirements for the zone in which it occurs, but which exists mostly behind another lot, and which has access to a dedicated street by recorded means.

“LUDMA” means the Municipal Land Use, Development and Management Act (LUDMA) found in Title 10, Chapter 9a of the Utah State Code.

"Manufactured or Modular home" means a dwelling unit which meets the building code for permanent structures designed to be transported after fabrication and which is ready for occupancy as an independent unit, except for connection to utilities and location on a foundation.

A building where commercial, residential, and/or offices are mixed in a vertical pattern. If residential uses are proposed, at least one floor shall be entirely composed of residential units.

See Section 18.08.155, Day Care Facility

"Mobile home" means a vehicular or portable structure which is constructed for movement on the public highways, which has been constructed in accordance with the building code for mobile homes as adopted by the city, but which has not been demonstrated to conform to the requirements of the building code for other residences.

"Mobile home park" means an area or tract of land used to accommodate two or more mobile homes.

A building or group of detached or connected buildings designed or used primarily for providing sleeping accommodations for automobile travelers and having parking adjacent to a sleeping room. An automobile court or a tourist court with more than one unit or a motor lodge shall be deemed a motel. 

"Nonconforming Structure" means 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 of the ordinance codified in this title.

"Nonconforming use" means a use or premises which does not conform to the regulation of this title, but which was in existence in the effective date of the ordinance codified in this title.

"Parcel" means any real property that is not a lot.

"Parking space" means a space within a building or parking area, exclusive of driveways, ramps, columns, office and working area, for the parking of a motor vehicle.

"Pasture" means an enclosure for animals in which no feed is provided except that which the animals obtain by grazing.

"Planned unit development" means a tract of land which is planned and developed as a single entity wherein the requirements applying to all buildings and improvements are modified to conform to the approved plan.

"Planting or Landscape plan" means 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.

"Plat" means an instrument subdividing property into lots as depicted on a map or other graphical representation of lands that a licensed professional land surveyor makes and prepares in accordance with Section Utah Code 10-9a-603 or 57-8-13 et seq.

“Preliminary plat” means the initial formal plat of a proposed land division or subdivision showing information and features required by the provisions of this title.

"Premises" means a zoning lot together with buildings and structures located thereon.

"Premises occupation" means an occupation conducted on the premises outside of a dwelling, by persons residing on the premises.

"Public parks" or "playgrounds" means a tract of land which is owned by the public an which has been partially or totally devel- oped or designated for recreational purposes. 

"Rest home," "nursing home" or "convalescent home" means a building for the care and keeping of elderly or infirm people afflicted with infirmities or chronic illness.

"Recreational vehicle," "camper," "travel trailer," "motor home" or vacation vehicle" means a vehicular unit, other than a mobile home, primarily designed as a temporary dwelling for travel, recreational and vacation use, which is either self-propelled or is mounted on or pulled by another vehicle; including, but not limited to, a travel trailer having a width of eight feet or less and a length of thirty-two feet or less, a camping trailer having a width of eight feet or less and length of thirty-two feet or less, a truck camper, a motor home comprised of a self -propelled vehicle primarily designed as a temporary dwelling for travel, recreational use, and vacation use.

"Recreational vehicle court" or "vacation vehicle court" means an area or tract of land used to accommodate two or more recreational vehicles.

"Retail Business" means a business engaged in the sale of goods to individual consumers, usually in small quantities, and not to be placed in inventory for resale. A retail business does not include: (a) health centers, governmental uses, community centers, theaters, or religious or fraternal uses, or (b) a business where retail sales are an incidental or accessory use to the primary use. This definition shall not include churches, public schools, hospitals, public civic centers or public recreational facilities, or other facilities owned by, or operated strictly for the benefit of, the public.

"Retail Establishments", for the purposes of regulating large scale retail establishments (aka big boxes), means retail business or businesses, conducted in two or more buildings, where the retail business or businesses:

A. that are engaged in the selling of similar or related goods, wares or merchandise, and operate under common ownership or management, or

B. share check stands, storage facilities, a warehouse, or a distribution facility, or

C. otherwise operate as associated, integrated or co-operative business enterprises under common ownership or management.

“Retreat Lodge” means a building(s) containing short-term or long-term residential units, typically (but not required) as a condo-hotel along and accompanied by amenities such as dining, entertainment and conference facilities.

For the definition of "salvage yard" see "junkyard."

“School, Charter” means any charter elementary, junior high, high school, college, university, or post-graduate school offering courses in general instruction at least four days per week and seven months per year. Excluded are specialty schools such as trade, dance, beauty, music, secretarial/business, and charm schools. “Charter school” does not include a therapeutic school.

“School, Private” means any private elementary, junior high, high school, college, university, or post-graduate school offering courses in general instruction at least four days per week and seven months per year. Excluded are specialty schools such as trade, dance, beauty, music, secretarial/business, and charm schools.

"Setback" means the shortest distance between the property line and the foundation, wall, or main frame of the building. 

“Sexually oriented business” means any business for which a sexually oriented business license is required as an adult business, nude entertainment business, or as a seminude dancing bar, pursuant to the sexually oriented business licensing requirements in The Heber Municipal Code.

For definitions pertaining to signs, see Chapter 18.103 of this title.

"Special exception" or "conditional use" means 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 Appeal Authority.

"Major street" means one of the principal thoroughfares, as shown or designated on the major street plan. 

"Minor street" means any street serving as the principal means of access to property, which street is not shown on the major street plan, as a principal thoroughfare.

"Subdivision" means any land that is divided, resubdivided, or proposed to be divided into two or more lots or other division of land for the purpose, whether immediate or future, for offer, sale, lease, or development either on the installment plan or upon any and all other plans, terms, and conditions. "Subdivision" includes:

A. the division or development of land, whether by deed, metes and bounds description, devise and testacy, map, plat, or other recorded instrument, regardless of whether the division includes all or a portion of a parcel or lot; and

B. except as provided in Utah Code 10-9a-103 Subsection (65)(c) et seq, divisions of land for residential and nonresidential uses, including land used or to be used for commercial, agricultural, and industrial purposes.

“Subdivision amendment" means an amendment to a recorded subdivision in accordance with Utah Code Section 10-9a-608 et seq. that:

A. vacates all or a portion of the subdivision;

B. alters the outside boundary of the subdivision;

C. changes the number of lots within the subdivision;

D. alters a public right-of-way, a public easement, or public infrastructure within the subdivision; or

E. alters a common area or other common amenity within the subdivision.

F. "Subdivision amendment" does not include a lot line adjustment, between a single lot and an adjoining lot or parcel, that alters the outside boundary of the subdivision.

"Variance" means a waiver of specific regulations of this title 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.

“Weed” means a wild plant that is undesired, in competition with cultivated plants, non-native, intrusive, or identified on a governmental noxious weed list.

"Water wise landscaping" (aka Xeriscaping) means any or all of the following:

A. installation of plant materials suited to the microclimate and soil conditions that can:

1. remain healthy with minimal irrigation once established; or 2. be maintained without the use of overhead spray irrigation;

B. use of water for outdoor irrigation through proper and efficient irrigation design and water application; or

C. use of other landscape design features that:

1. minimize the need of the landscape for supplemental water from irrigation; or 2. reduce the landscape area dedicated to lawn or turf.

"Yard" means an open space on the same lot with a building unoccupied or unobstructed from the ground upward, except as otherwise provided in this title:

1. "Front yard" means the minimum horizontal distance between the street front lot line and the front line of the building or any projection thereof, excluding non-enclosed steps. The main entrance (the main entrance shall not be an overhead garage door, door that enters the garage directly, or any similar door or entrance) to a single-family dwelling must be on the front side (side most parallel to the front lot line). On a corner lot, the front yard may be declared on either street. The address of a corner lot must be on the declared front;
2. "Rear yard" means 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; 
3. "Required yard" means the open space around buildings which is required by the term of this title; 
4. "Side yard" means a yard between the building and the side line of the lot and extending from the front yard to the rear yard.

“Zeroscaping” means at type of landscaping utilizing rocks, gravel, and hardscapes, without the use of vegetation.

“Zoning map” means the zoning map or maps of Heber City, Utah, adopted as part of a land use ordinance, that depicts land use zones, or overlays.

“Zoning ordinance” means the land use and development ordinance of Heber City.