The purpose of this chapter is to provide rules of construction, definitions, and illustrations so that the provisions of this title may be readily understood and consistently administered.

(Adopted by Ord. 2007-02 on 7/11/2007)

The rules of construction, definitions, and illustrations contained in this chapter shall apply to the entirety of this title.

(Adopted by Ord. 2007-02 on 7/11/2007)

A.

General: All provisions, terms, phrases and expressions contained in this chapter shall be liberally construed to accomplish the purposes of this title.

B.

Computation of Time: The time within which an act is to be done shall be computed by excluding the first day and including the last day. If the last day is a Saturday, Sunday, or holiday, then the last day shall be the next following business day. In computing the time required for public hearing notice, the day of the hearing shall be excluded.

C.

Conjunctions: Unless the context clearly indicates to the contrary, conjunctions shall be interpreted as follows:

1.

"And" indicates that all connected items, conditions, provisions or events shall apply.

2.

"Or" indicates that one or more of the connected items, conditions, provisions or events shall apply.

3.

"Either . . . or" indicates that the connected items, conditions, provisions or events shall apply singly but not in combination.

D.

Mandatory and Discretionary Terms: The word "shall" is always mandatory. The word "should" mean the matter described ought to be accomplished if reasonable and possible under the circumstances. The word "may" be permissive.

E.

Nontechnical and Technical Words: Words and phrases shall be construed according to the common use and understanding of the language, but technical words and phrases and such others as may have acquired a peculiar and appropriate meaning in law shall be construed and understood according to such meaning.

F.

Tense, Number, and Gender: Words used in the past or present tense include the future as well as the past or present unless the context clearly indicates the contrary. The singular shall include the plural and the plural shall include the singular as the context and application of this title may reasonably suggest. Words of one gender shall apply to any person, natural or fictitious, regardless of gender, as the context and application of this title may reasonably suggest.

G.

Fractional Numbers: In determining compliance with the numerical requirements of this title, any computation or measurement resulting in a fractional number shall be rounded to the nearest whole number.

H.

Public Officials, Bodies and Agencies: All public officials, bodies, and agencies to which reference is made are those of the city of Honeyville, Utah, unless otherwise indicated.

I.

Delegation of Authority: Whenever a provision appears requiring the mayor, head of a department, or some other officer or employee to do some act or perform some duty, it shall be construed to authorize the mayor, head of the department, or other officer to designate, delegate, and authorize subordinates to perform the required act or duty unless the terms of the provision or section specify otherwise.

(Adopted by Ord. 2007-02 on 7/11/2007)

As used in this title, the words and phrases defined in this section shall have the following meanings unless the context clearly indicates a contrary meaning. Words not included herein but defined in the building code shall be construed as defined therein.

ACCESSORY BUILDING: A detached subordinate building located on the same lot with a main building, the use of which is customarily incidental to that permitted in the main building, or to the land upon which the main building is located.

ACCESSORY USE: See definition of Use, Accessory.

ADJACENT LANDOWNER: A property owner of record, according to the records of the county recorder, whose property abuts all or part of property proposed for development.

ADULT DAYCARE FACILITY: Any building or structure furnishing care, supervision, and guidance for three (3) or more adults unaccompanied by guardians for periods of less than twenty-four (24) hours per day.

AFFECTED ENTITY: A county; a municipality; a local district; a special service district under the Utah special service district act; a school district; an interlocal cooperation entity established under the interlocal cooperation act; an electrical, gas, or telephone utility as defined in section 54-2-1 of the Utah code; a property owner; a property owners' association; or the Utah department of transportation, if:

A.

The entity's services or facilities are likely to require expansion or significant modification because of an intended use of land;

B.

The entity has filed with the city a copy of the entity's general or long-range plan; or

C.

The entity has filed with the city a request for notice during the same calendar year and before the city provides required notice to an affected entity.

AGRICULTURAL BUSINESS: The conduct of agricultural activity involving the keeping, grazing and pasturing of domestic animals for commercial gain. Typical uses include the raising of animals for food or for the production of food in excess of that required for a household and the boarding or stabling of animals other than those owned and used by household members.

AGRICULTURAL INDUSTRY: An industry or business involving agricultural products in packaging, treatment, sales, intensive feeding, or storage. Typical uses include commercial feed yards, fur farms, commercial milk production, food packaging or processing plants, and commercial poultry or egg production.

AGRICULTURAL PROCESSING: Initial processing of agricultural products that is reasonably required to take place in close proximity to the site where they are produced. Typical uses include sawmills and packinghouses. Slaughterhouses are specifically excluded from this definition.

AGRICULTURAL SALES AND SERVICE: An establishment primarily engaged in the sale or rental of farm tools and implements, feed and grain, tack, animal care products, anhydrous ammonia, farm supplies and the like, and including accessory food sales and machinery repair services. This definition shall also include greenhouses which are used for wholesale and/or retail purposes.

AGRICULTURE: The tilling of soil, raising of crops, produce, horticulture and gardening, keeping or grazing of domestic animals and noncommercial feed yards, but not including any agricultural business or industry.

ALLEY: A public thoroughfare less than twenty-six feet (26') wide for the use of pedestrians and vehicles providing a secondary means of access to the rear of abutting properties.

ANIMAL, EXOTIC: Any species of animal which is:

A.

Not indigenous to the continental United States except tropical fish, furbearing animals commercially bred for the furrier trade, and birds, or

B.

Venomous to human beings, whether its venom is transmitted by bite, sting, touch or other means, except honey producing bees, or

C.

Not confined or cultivated for farm or commercial purposes.

ANIMAL HOSPITAL: A building where small animals or pets are given medical or surgical treatment and are cared for during the time of such treatment. "Animal hospital" does not include use of the premises as a kennel or a place where animals or pets are boarded for remuneration except when incidental to a principal use.

ANIMAL OR FOWL UNIT: A method of accounting for the relative impact of adult domestic animals and fowl. "Adult" means animals and fowl of breeding age.

A.

Each of the following shall constitute one animal unit, but not including any animal defined as a "household pet":

1.

One large domestic animal (horse, mule, cow, or other similar size animal).

2.

Three (3) medium domestic farm animals (pig, sheep, goat, or similar size animal).

3.

Five (5) small domestic animals (rabbit or similar size animal).

B.

Each of the following shall constitute one fowl unit, but not including any fowl defined as a "household pet":

1.

Five (5) large fowl (duck, goose, or turkey or similar size fowl).

2.

Twenty-five (25) medium fowl (chickens, pheasants, or pigeons or similar size fowl).

ANIMAL SPECIALTIES: The production of small animals and associated products. Typical uses include chicken, turkey, and rabbit raising, egg production, apiaries, and aviaries.

ANIMALS AND FOWL FOR RECREATION AND FAMILY FOOD PRODUCTION: The keeping of animals on a lot for enjoyment and exclusive use by persons residing thereon.

ANTENNA: Any exterior apparatus designed for telephonic, radio or television communications through the sending and/or receiving of electromagnetic waves, including equipment attached to a tower or building for the purpose of providing personal wireless services.

ANTENNA HEIGHT: The vertical distance measured from the base of the antenna support structure at grade to the highest point of the structure even if said highest point is an antenna. Measurement of tower height shall include antenna, base pad and other appurtenances and shall be measured from the finished grade of the parcel. If the support structure is on a sloped grade, then the average between the highest and lowest grades shall be used in calculating the antenna height.

ANTENNA SUPPORT STRUCTURE: Any pole, telescoping mast, tower, tripod or other structure which supports an antenna.

APARTMENT HOUSE: See definition of Dwelling, Multiple-Family.

APPEAL AUTHORITY: The person, board, commission, agency, or other body which decides an appeal of a decision of a land use application or authorizes a variance as provided in this title.

ASSISTED LIVING FACILITY: A residential facility, licensed by the state of Utah with a homelike setting that provides an array of coordinated supportive personal and healthcare services, available twenty-four (24) hours per day, to residents who have been assessed under Utah department of health or the Utah department of human services rules to need any of these services and who have a service plan based on the assessment, which may include: a) specified services of intermittent nursing care; b) administration of medication; and c) support services promoting residents' independence and self-sufficiency. An assisted living facility does not include adult daycare provided in conjunction with a residential facility for elderly persons or a residential facility for persons with a disability.

ATTORNEY, CITY: The person selected or appointed by the city council to represent Honeyville City as the city's attorney.

AUDITORIUM OR STADIUM: An open, partially enclosed or fully enclosed facility used or intended to be used primarily for spectator sports, entertainment events, expositions and other public gatherings. Typical uses include convention and exhibition halls, sports arenas and amphitheaters.

AUTOMOBILE WRECKING YARD: Any lot, land or area used for the storage, keeping, dismantling or salvaging of two (2) or more unlicensed automobiles or parts thereof.

BAIL BOND SERVICE: An establishment which provides sureties to procure the release of persons under arrest by becoming financially responsible for their appearance at the time and place designated.

BANK OR FINANCIAL INSTITUTION: An organization involved in deposit banking, finance, investment, mortgages, trusts, and the like. Typical uses include commercial banks, credit unions, finance companies, and savings institutions.

BASEMENT: That portion of a building that is partly or completely below grade. A basement shall not be considered as a story above grade plane where the finished surface of the floor above the basement is:

A.

More than six feet (6') above grade plane;

B.

More than six feet (6') above the finished ground level for more than fifty percent (50%) of the total building perimeter; or

C.

More than twelve feet (12') above the finished ground level at any point.

BED AND BREAKFAST: A commercial activity within a residential structure where rooms may be rented to paying guests on a nightly basis and breakfast is provided.

BENCHMARK: The mark affixed to a permanent or semipermanent object along a line of survey to furnish a datum level.

BERM: A mound of earth, generally two (2) to six feet (6') high, used to shield, screen, and buffer undesirable views and to separate land uses.

BILLBOARD: A freestanding ground sign located on industrial, commercial, or residential property if the sign is designed or intended to direct attention to a business, product, or service that is not sold, offered, or existing on the property where the sign is located.

BLOCK: Land surrounded by streets and other rights of way other than an alley, or land which is designated as a block on any recorded subdivision plat.

BOARDING HOUSE: A building with not more than five (5) guestrooms, where, for compensation, meals are provided for not more than fifteen (15) persons.

BUILDABLE AREA: The area of a lot within front, rear and side yard setback lines where a main building may be constructed.

BUILDING: A permanently located structure having a roof supported by columns or walls for the shelter, housing, or enclosure of any person, animal, article, or chattel.

BUILDING AREA: The area included within the surrounding exterior walls (or exterior walls and firewalls) exclusive of vent shafts and courts. Areas of a building not provided with surrounding walls shall be included in the building area if such areas are included within the horizontal projection of the roof or floor above.

BUILDING FACADE: Any exterior wall of a building including windows, doors, and mansard, but not including a pitched roof.

BUILDING LINE, FRONT: A line parallel to the front lot line and at a distance therefrom equal to the required depth of the front yard and extending across the entire width of the lot.

BUILDING LINE, REAR: A line parallel to the rear lot line and at a distance therefrom equal to the required depth of the rear yard and extending across the entire width of the lot.

BUILDING LINE, SIDE: A line parallel to the side lot line and at a distance therefrom equal to the required depth of the side yard and extending between the front and rear building lines.

BUILDING, MAIN: The principal building or one of the principal buildings located on a lot designed or used to accommodate the primary use to which the premises are devoted. Where a permissible use involves more than one structure designed or used for the primary purpose, as in the case of apartment groups, each such permitted building on one "lot" as defined by this section shall be deemed a main building.

BUILDING OFFICIAL: The person designated by the city council as the building official or building inspector.

BUILDING OR STRUCTURE HEIGHT: The vertical distance from the grade plane to the average height of the highest roof surface.

BUILDING, PUBLIC: A building owned and operated or owned and intended to be operated by a public agency of the United States of America, of the state of Utah or any of its subdivisions.

BUSINESS EQUIPMENT RENTAL AND SUPPLIES: An establishment primarily engaged in the display, storage, and sale of goods or services used by office, professional and service establishments. Includes the sale, rental or repair of equipment and supplies used by office, professional, and service establishments, but excludes automotive, construction and farm equipment. Typical uses include office equipment and supply firms, small business machine repair shops and hotel equipment and supply firms.

CAPITAL FACILITIES: Any or all of the following facilities that have a life expectancy of ten (10) or more years: water rights and water supply, treatment, and distribution facilities; wastewater collection and treatment facilities; stormwater, drainage, and flood control facilities; roadway facilities; parks and recreation facilities, open space and trails; and public safety facilities.

CAPITAL FACILITIES PLAN: That plan required by section 11-36-201 of the Utah code for public facilities, including, but not limited to, water, stormwater, parks, open space, and transportation, as the same may be amended from time to time.

CAR WASH: An establishment primarily engaged in cleaning or detailing motor vehicles, whether self-service, automatic or by hand.

CARPORT: A covered automobile parking space with at least two (2) sides open. For the purposes of this title a carport shall be subject to all of the regulations prescribed for a private garage.

CEMETERY: Land used or intended to be used for the burial of the dead, whether human or animal, including crematoriums and mausoleums.

CHARTER SCHOOL: Any of the following:

A.

An operating charter school.

B.

A charter school applicant that has its application approved by a chartering entity in accordance with the Utah charter schools act.

C.

An entity working on behalf of a charter school or approved charter applicant to develop or construct a charter school building.

CHURCH OR PLACE OF WORSHIP: Any structure or site such as a church, synagogue, chapel, sanctuary or cathedral, used primarily for collective or individual involvement with a religious activity, such as rites, rituals, ceremonies, prayers and discussions, and for church related activities.

CITY: The city of Honeyville, Utah, a municipal corporation.

CITY COUNCIL: The Honeyville, Utah, city council.

CITY ENGINEER: A registered civil engineer so appointed or employed by the city.

CLEAR VIEW AREA: Areas at intersecting streets and driveways where unobstructed vision is maintained as required by this title.

CLINIC: See definition of Medical Service.

CLUB OR SERVICE ORGANIZATION: An establishment or organization providing meeting, recreational or social facilities for a private or nonprofit association, except a private club as defined herein. Typical uses include lodges, meeting halls, recreation centers, and areas operated by social clubs, fraternal and service organizations.

CLUB, PRIVATE: Any nonprofit corporation operating as a social club, recreational, fraternal, or athletic association, or kindred association which allows the consumption of liquor on its premises pursuant to a license granted by the Utah alcoholic beverage control commission.

COLLEGE OR UNIVERSITY: An institution of higher education offering undergraduate or graduate degrees and including, but not limited to, such accessory uses as dormitories, museums, stadiums, and theaters.

CONCEPT PLAN: A scale drawing that shows proposed development and supporting infrastructure on a generalized basis.

CONDITIONAL USE: See definition of Use, Conditional.

CONDOMINIUM: The ownership of a single unit in a multi-unit project together with an undivided interest in common in the common areas and facilities of the property created pursuant to the Utah condominium ownership act.

CONDOMINIUM DECLARATION: See definition of Declaration.

CONDOMINIUM PROJECT: A real estate plan, project, or property where two (2) or more units, whether contained in existing or proposed apartments, commercial, or industrial buildings or structures or otherwise, are separately offered or proposed to be offered for sale pursuant to the Utah condominium ownership act.

CONSTITUTIONAL TAKING: A city action that results in a taking of private property so that compensation to the owner of the property is required by the:

A.

Fifth or fourteenth amendment of the constitution of the United States; or

B.

Utah constitution article I, section 22.

CONSTRUCTION: The materials, architecture, assembly, and installation of a building or structure.

CONSTRUCTION SALES AND SERVICE: An establishment engaged in the retail or wholesale sale of materials and services used in the construction of buildings or other structures, as well as the outdoor storage of construction equipment or materials on lots other than construction sites. Typical uses include lumberyards, home improvement centers, lawn and garden supply stores, construction equipment sales and rental, electrical, plumbing, air conditioning and heating supply stores, swimming pool sales, construction and trade contractors' offices and storage yards, and public utility corporation storage yards.

CONSTRUCTION STANDARDS: The standards and specifications adopted by the city, which establish minimum standards for the design and construction of infrastructure improvements.

CONVALESCENT CARE FACILITY: An establishment providing bed care and inpatient services for persons needing regular medical attention but excluding a facility providing surgical or emergency medical services or providing care for mental illness or communicable disease. Typical uses include nursing homes and rest homes.

CONVENIENCE STORE: An establishment, not exceeding five thousand (5,000) square feet of gross floor area, serving a limited market area and engaged in the retail sale or rental, from the premises, of food, beverages and other frequently or recurrently needed items for household use, excluding gasoline sales.

CONVERTIBLE LAND: A building site which is a portion of the common areas and facilities described by metes and bounds, within which additional units or limited common areas and facilities may be created pursuant to the Utah condominium ownership act.

CORRECTIONAL FACILITY: A facility providing housing and care for individuals legally confined for violations of law.

CULINARY WATER AUTHORITY: The Honeyville City water department.

CULINARY WATER FACILITIES: Water, water supply, pipelines, pumps, springs, wells and/or any other physical facilities necessary to provide a sufficient quantity of approved quality water to each lot.

CULTURAL SERVICE: A library, museum or similar public or registered nonprofit organizational use displaying, preserving, and exhibiting objects of community and cultural interest in one or more of the arts and sciences.

DECIBEL (dB): A unit of measure used to express intensity of noise.

DECLARATION: The legal instrument by which property is subjected to the provisions of the Utah condominium ownership act.

DEDICATION: The setting aside of land by an owner for any general and/or public uses, reserving for himself no other rights than such as are compatible with the full exercise and enjoyment of the public uses to which the property is devoted.

DENSITY: The number of dwelling units per acre within a subdivision or other development based on the total tract area whether developable or not, including streets, water areas, and open space conservation areas.

DETACHED ACCESSORY DWELLING UNIT: A self-contained dwelling unit located on an owner occupied property that is in a detached building which maintains complete independent living facilities for one or more persons, including permanent provisions for living, sleeping, eating, cooking and sanitation including a separate kitchen.

DEVELOPER: The person, association or corporation developing or causing to be developed the property subject to the provisions of this title.

DEVELOPMENT APPROVAL: Any written authorization from the city that authorizes the commencement of development activity.

DEVELOPMENT OR DEVELOPMENT ACTIVITY: Any of the following:

A.

Any manmade 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.

B.

Any construction, reconstruction, or expansion of a building, structure, or use.

C.

Any change in the use of a building or structure.

D.

The total area of a lot on which a building permit is to be issued or the total area of property being improved.

E.

Any change in the use of land that creates additional demand and need for capital facilities.

F.

The property being developed and/or subdivided.

G.

The act, process or result of developing.

DISABILITY: A physical or mental impairment which substantially limits one or more of a person's major life activities, including a person having a record of such an impairment, or being regarded as having such an impairment. "Disability" does not include current illegal use of, or addiction to, any federally controlled substance, as defined in section 102 of the controlled substances act, 21 USC 802, or successor law.

DUPLEX: See definition of Dwelling, Two-Family.

DWELLING: Any building, or portion thereof, having one or more dwelling units occupied as, or designed or intended for occupancy as, a residence by one or more families as permitted by this title, but not including hotels, motels, boarding houses, or other facilities offering transient lodging facilities.

DWELLING, MULTIPLE-FAMILY: A dwelling having three (3) or more dwelling units.

DWELLING, SINGLE-FAMILY: A building arranged or designed to be occupied by one family and having only one dwelling unit.

DWELLING, SINGLE-FAMILY WITH ACCESSORY APARTMENT: A building having only one dwelling unit and one accessory apartment.

DWELLING, TEMPORARY: A trailer or structure used for temporary residential purposes solely by a property owner or builder during the construction of a permanent dwelling on a lot.

DWELLING, TOWNHOUSE: A dwelling unit in a row of at least three (3) such units where each unit has its own front and rear exterior access, no unit is located above or below another unit, and each unit is separated from any other unit by one or more vertical common fire-resistant walls.

DWELLING, TWO-FAMILY: A building arranged or designed to be occupied by two (2) families and having only two (2) dwelling units.

DWELLING UNIT: One or more rooms in a dwelling designed for or occupied as separate living quarters which provide sleeping and sanitary facilities and which includes kitchen facilities, all for exclusive use by a single family maintaining a household.

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

EXTERNAL ILLUMINATION: Lighting which illuminates a building or structure from a remote position or from outside of the building or structure.

FAA: The federal aviation administration.

FCC: The federal communications commission.

FAMILY: Any one of the following who occupy a dwelling unit:

A.

One person living alone.

B.

Two (2) or more persons related by blood, marriage, adoption, or other legal relationship living together as a single housekeeping unit; and up to two (2) other unrelated persons residing on the same premises where the housekeeping unit is located.

C.

Two (2) or three (3) unrelated persons living together as a single housekeeping unit and the children of any of them.

FAMILY CHILD DAYCARE FACILITY: A facility licensed by the state of Utah which provides childcare in a residence for less than nine (9) children unrelated to the licensee for less than twenty-four (24) hours a day, with regularly scheduled, ongoing enrollment, for direct or indirect compensation.

FAMILY CHILD RESIDENTIAL CERTIFICATE CARE FACILITY: A facility certificated by the state of Utah which provides childcare in the residence of a provider for five (5) to eight (8) children, having a regularly scheduled, ongoing enrollment, for direct or indirect compensation.

FAMILY CHILDCARE CENTER: A commercial establishment having regularly scheduled, ongoing enrollment for direct or indirect compensation that provides care, protection and supervision for five (5) or more children on a regular basis away from their primary residences for more than four (4) but less than twenty-four (24) hours per day. Excludes the following:

A.

Kindergartens or nursery schools or other daytime programs operated by public or private elementary or secondary schools or institutions of higher learning;

B.

Facilities operated in connection with a fitness center, shopping center or other activity where children are cared for temporarily while parents or custodians of the children are occupied on the premises or are in the immediate vicinity and readily available; or

C.

Special activities or programs, including athletics, crafts instruction and similar activities, conducted on a periodic basis by civic, charitable, private, or governmental organizations.

FAMILY GROUP CHILD DAYCARE FACILITY: A facility licensed by the state of Utah which provides childcare in a residence for nine (9) to sixteen (16) children unrelated to the licensee for less than twenty-four (24) hours a day, with regularly scheduled, ongoing enrollment, for direct or indirect compensation.

FARMERS' MARKET: An establishment or premises where farm products from local farmers are sold at retail from covered or open-air areas designated for individual retailers.

FENCE: A structure serving as an enclosure, barrier, or boundary, which defines an outdoor space.

FENCE, SIGHT OBSCURING: A fence that permits vision through not more than ten percent (10%) of each square foot of fencing.

FIRE AUTHORITY: The Honeyville City volunteer fire department.

FLOOR AREA, TOTAL: See definition of Gross Floor Area.

FREIGHT TERMINAL: A building or area in which freight brought by motor trucks or rail is assembled and/or stored for routing in intrastate or interstate shipment by motor truck or rail.

FRONTAGE: 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 a dead-end street, 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.

FUNERAL HOME: An establishment engaged in preparing human deceased for burial and conducting funerals.

GARAGE, PRIVATE: An accessory building designed or used for the storage of automobiles owned and used by the occupants of the building to which it is accessory.

GARDEN CENTER: An establishment primarily engaged in the retail sales of horticultural specialties, such as flowers, shrubs and trees, intended for ornamental or landscaping purposes.

GAS AND FUEL, STORAGE AND SALES: An establishment or site used for bulk storage and wholesale distribution of flammable liquid, gas or solid fuel, excluding belowground storage that is ancillary to an allowed principal use on the site.

GASOLINE SERVICE STATION: An establishment engaged in the retail sales of gasoline and petroleum products, including gasoline sales conducted as part of a convenience store.

GENERAL PLAN: A document adopted by the city council that sets forth general guidelines for proposed future development of the land within the city as set forth in section 10-2-2 of this title.

GOLF COURSE: A facility providing private or public golf recreation services and support facilities, but excluding miniature golf facilities.

GOVERNMENT SERVICE: Any building or facility used, owned or operated by a government entity which provides services for the public, excluding utilities and recreational services. Typical uses include administrative offices of government agencies and utility billing offices.

GRADE: A reference plane representing the average of finished ground level adjoining a building at the exterior walls. When finished ground level slopes away from an exterior wall, grade shall be the lowest point within the area between the building and the lot line or, when the lot line is more than six feet (6') from the building, between the building and a point six feet (6') from the building.

GROSS FLOOR AREA: The total floor area of a building expressed in square feet measured from the exterior of outside walls.

GUESTHOUSE: A secondary, detached dwelling unit with or without kitchen facilities located on a lot with one or more main dwelling units which is:

A.

Used for housing of guests without compensation, and

B.

Not rented, leased or sold separately from the rental, lease or sale of the main dwelling unit(s) on the lot.

HEAVY INDUSTRY: An establishment engaged in basic processing and manufacturing of materials or products predominantly from extracted or raw materials; or a use engaged in manufacturing processes utilizing flammable or explosive materials; or manufacturing processes which potentially involve hazardous or commonly recognized offensive conditions. Typical uses include chemical manufacturing and warehousing, dry ice manufacturing, fat rendering plants, fertilizer manufacturing, fireworks and explosives manufacturing and warehousing, petroleum refineries, pulp processing and paper products manufacturing, radioactive materials manufacture or use, slaughterhouses, steelworks and tanneries.

HEIGHT, BUILDING OR STRUCTURE: See definition of Building or Structure Height.

HEIGHT, SIGN: See definition of Sign Height.

HEIGHT, STORY: The vertical distance from top to top of two (2) successive finished floor surfaces; and, for the topmost story, from the top of the floor finish to the top of the ceiling joists or, where there is not a ceiling, to the top of the roof rafters.

HOME OCCUPATION: A commercial or other nonresidential use conducted within a dwelling unit that is incidental and secondary to the use of the dwelling unit for residential purposes as provided in chapter 25 of this title.

HOMELESS SHELTER: A place of temporary abode for persons who have no residence.

HOSPITAL: A facility that:

A.

Offers services more intensive than those required for room, board, personal services and general nursing care;

B.

Offers facilities and beds for use beyond twenty-four (24) hours by individuals requiring diagnosis, treatment, or care for illness, injury, deformity, infirmity, abnormality, disease or pregnancy; or

C.

Regularly makes available at least clinical laboratory services, diagnostic X-ray services and treatment facilities for surgery or obstetrical care or other definitive medical treatment of similar extent; and

D.

Any accessory use such as offices for medical and dental personnel and central service facilities such as pharmacies, medical laboratories, and other related uses.

HOTEL: An establishment with or without fixed cooking facilities in individual rooms offering transient lodging accommodations to the general public, and which may provide additional services such as restaurants and meeting rooms.

HOUSEHOLD: A family living together in a one dwelling unit with common access to and common use of all living and eating areas and facilities for the preparation and serving of food within the dwelling unit.

HOUSEHOLD PET: Animals or fowl ordinarily allowed inside a dwelling unit and kept for company or pleasure, not profit, such as dogs, cats, pigeons, or rabbits, but not including:

A.

Chickens, ducks, geese, pigs or other domestic farm animals.

B.

Exotic animals.

C.

A sufficient number of dogs to constitute a commercial kennel.

IMPACT FEE: A payment of money imposed upon development activity as a condition of development approval as provided in chapter 32 of this title.

INTERNAL ACCESSORY DWELLING UNIT: A self-contained dwelling unit within or attached to a single family residential building which maintains complete independent living facilities for one or more persons, including permanent provisions for living, sleeping, eating, cooking and sanitation including a separate kitchen.

JUNK OR SALVAGE YARD: Any place, establishment, or part of a lot maintained, used, or operated for collection, storage, keeping, or abandonment of wastepaper, rags, scrap metal or discard material, including dismantling, demolition of machinery or parts thereof, but excluding an automobile wrecking yard and any use which is clearly accessory and incidental to a permitted or conditional use.

KENNEL: A commercial establishment having three (3) or more dogs over the age of four (4) months for the purpose of boarding, breeding, buying, selling, grooming, letting for hire, or training for a fee.

KIOSK: A small structure, typically located within a pedestrian walkway or similar circulation area, intended for uses as a small shop, or for use as a display space for posters, notices and exhibits.

KITCHEN: An area within a dwelling unit which contains a sink, fixed cooking appliances, and refrigeration facilities.

LAND USE: See definition of Use, Land.

LAND USE APPLICATION: An application for the use or development of land required by this title.

LAND USE AUTHORITY: The person, board, commission, agency, or other body designated by the city council under this title to act upon a land use application.

LAND USE PERMIT: A permit for the use or development of land issued under the provisions of this title.

LAUNDRY OR DRY CLEANING, LIMITED: An establishment providing household laundry and cleaning, dry cleaning services, classified as low hazard in applicable codes, with customer drop off and pick up; or an establishment providing home type washing, drying, and/or ironing machines for hire to be used by customers on the premises. The term excludes large-scale dry-cleaning activities permitted under the definition of Laundry Services.

LAUNDRY SERVICES: An establishment primarily engaged in the large-scale cleaning of laundry or that includes dry cleaning activities other than those classified as low hazard in applicable codes, but excluding laundry or dry cleaning, limited.

LIGHT SOURCE: Neon, fluorescent or similar tube lighting, an incandescent bulb, including the light producing elements therein, and any reflecting surface that, by reason of its construction or placement, becomes a light source.

LIQUOR STORE: An establishment licensed by the Utah alcoholic beverage control commission for the sale of alcoholic beverages for off-site consumption.

LOT: A separately delineated parcel of real property having a number and designation shown on a recorded subdivision plat, or a contiguous quantity of real property defined in a deed by metes and bounds which has a separate property identification number according to the records of the county recorder and is not shown on a recorded subdivision plat.

LOT AREA: The total land area of a lot measured on a horizontal plane.

LOT, CORNER: A lot abutting two (2) intersecting or intercepting streets where the interior angle of intersection or interception does not exceed one hundred thirty-five degrees (135°).

LOT COVERAGE: The total horizontal area of a lot covered by any building or structure which extends above the surface of the ground level, including any covered parking spaces.

LOT DEPTH: The mean horizontal distance from a front lot line to a rear lot line.

LOT, DOUBLE FRONTAGE: A lot abutting two (2) parallel or approximately parallel streets.

LOT, FLAG: A lot located to the rear of another lot, the main body of which does not front on a street and is accessed by a narrow corridor.

LOT FRONTAGE: The distance, measured along the front lot line, that a lot adjoins a street.

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

LOT LINE: A line of record bounding a lot that divides one lot from another or from a street.

LOT LINE ADJUSTMENT: The relocation of a lot line between two (2) adjoining lots with the consent of the owners of record and which does not create a new lot.

LOT LINE, FRONT: A lot line separating a lot from an existing street or, where a new street is proposed, the proposed street right of way line as shown on the master street plan. For an interior lot, the lot line adjoining the street; for a double frontage lot, a lot line adjoining one of the streets as elected by the city.

LOT LINE, REAR: The lot line generally opposite and most distant from the front lot line, except in the case of a triangular or gore shaped lot, a "constructive" line ten feet (10') in length within the lot, parallel to the front lot line which intercepts the side lot lines at points most distant from the front lot line.

LOT LINE, SIDE: Any lot line that is not a front lot line or rear lot line. A side lot line separating one lot from another is an interior side lot line.

LOT, NONCONFORMING: A lot that:

A.

Legally existed before its current zoning designation;

B.

Has been shown continuously in the records of the county recorder as an independent parcel since its creation; and

C.

Because of subsequent zoning changes, does not conform with the lot size or other dimensional or property development standards applicable in the zone where the lot is located.

LOT WIDTH: The distance between side lot lines, measured at the required front yard setback line as required by the zone in which the lot is located.

MAJOR LIFE ACTIVITIES: Functions such as caring for oneself, performing manual tasks, walking, seeing, hearing, speaking, breathing, learning and working.

MANUFACTURED AND MOBILE HOME PARK: A lot (or contiguous lots) under one ownership designed and planned to accommodate the placement of manufactured or mobile homes on leased or rented "pads".

MANUFACTURED HOME: A transportable factory-built housing unit constructed on or after June 15, 1976, according to the federal home construction and safety standards act of 1974 (HUD code), in one or more sections, which:

A.

In the traveling mode, is eight (8) body feet or more in width or forty (40) body feet or more in length, or when erected on-site, is four hundred (400) or more square feet;

B.

Is built on a permanent chassis and designed to be used as a dwelling with or without a permanent foundation when connected to the required utilities;

C.

Includes plumbing, heating, air conditioning, and electrical systems; and

D.

Is identified by the manufacturer's data plate bearing the date the unit was manufactured and a HUD label attached to the exterior of the home certifying the home was manufactured to HUD standards.

MANUFACTURING, GENERAL: An establishment engaged in the manufacture of finished products or parts, predominantly from previously prepared materials, including processing, fabrication, assembly, treatment and packaging, and incidental storage, sales and/or distribution of such products, but excluding basic industrial processing and manufacturing activities.

MANUFACTURING, LIMITED: An establishment engaged in the limited processing, fabrication, assembly and/or packaging of products utilizing processes that:

A.

Have no noise, odor, vibration, or other impacts discernible outside a building, and

B.

Do not violate any applicable noise ordinance.

MASONRY: Stone, brick, dyed block or split faced concrete block.

MASTER STREET PLAN: A map adopted by the city council as an element of the general plan showing existing and the general location and alignment of proposed public streets and which has not been recorded in the county recorder's office.

MEDIA SERVICE: An establishment primarily engaged in the provision of broadcasting and other information relay services accomplished through the use of electronic and telephonic mechanisms, including radio, television, film or sound recording studios.

MEDICAL OR DENTAL LABORATORY: An establishment that conducts basic medical or dental research and analysis, but excluding a facility providing any type of in house patient services typically provided by hospitals and clinics.

MEDICAL SERVICE: An establishment providing therapeutic, preventive, or corrective personal treatment services on an outpatient basis by physicians, dentists, and other practitioners of the medical or healing arts, as well as the provision of medical testing and analysis services. Typical uses include medical and dental offices and clinics, blood banks and medical or dental laboratories.

MINERAL EXTRACTION: Removal of sand, gravel, dirt, or other materials by grading or excavating.

MOBILE HOME: A transportable factory built housing unit built prior to June 15, 1976, in accordance with a state mobile home code which existed prior to the federal manufactured housing and safety standards act (HUD code).

MOBILE HOME PARK: See definition of Manufactured and Mobile Home Park.

MODULAR HOME: A dwelling unit designed for long term occupancy built on a permanent foundation from component elements manufactured off-site in accordance with the construction standards adopted pursuant to section 58-56-4 of the Utah code and transported to the building site.

MONUMENT, PERMANENT: A structure of concrete, masonry and/or metal permanently placed on or in the ground, including those expressly placed for surveying reference, which meets the requirements of this title.

MORTUARY: See definition of Funeral Home.

MOTEL: Any building or group of buildings containing sleeping rooms, with or without fixed cooking facilities, designed for temporary occupancy by tourists or transients, with a garage attached or parking space conveniently located to each unit.

MOTOR HOME: A motor vehicle built on a truck or bus chassis and designed to serve as self-contained living quarters for recreational travel and use.

NATURAL FEATURES: Nonmanmade land characteristics, including drainage swales, wetlands, rock outcroppings, streams, and concentrated native stands of large shrubs or trees.

NATURAL STATE: Land which has not been subjected to grading, removal of vegetation or development.

NATURAL WATERWAY: Those areas, varying in width, along streams, creeks, gullies, springs, or washes which are natural drainage channels.

NONCOMPLYING STRUCTURE: See definition of Structure, Noncomplying.

NONCONFORMING LOT: See definition of Lot, Nonconforming.

NONCONFORMING USE: See definition of Use, Nonconforming.

NONCONFORMITY, OTHER: See definition of Other Nonconformity.

OFF-SITE FACILITIES AND UTILITIES: Facilities and utilities installed outside the legally described boundary of a development designed to serve such development.

OFFICE, GENERAL: A building, room or department where executive, management, administrative or professional services are provided, except medical services, and excluding the sale of merchandise, except as incidental to a principal use. Typical uses include real estate brokers, insurance agencies, credit reporting agencies, property management firms, investment firms, employment agencies, travel agencies, advertising agencies, secretarial services, data processing, telephone answering, telephone marketing, paging and beeper services and facsimile transmission services; post offices and express mail offices, excluding major mail processing and distribution; offices for utility bill collection; professional or consulting services in the fields of law, architecture, design, engineering, accounting and similar professions; interior decorating consulting services; and business offices of private companies, utility companies, public agencies, trade associations, unions and nonprofit organizations.

OFFICIAL MAP: A map adopted by the city council as an element of the general plan and recorded in the county recorder's office that:

A.

Shows actual and proposed rights of way, centerline alignments, and setbacks for highways and other transportation facilities; and

B.

Provides a basis for restricting development in designated rights of way or between designated setbacks to allow the government authorities time to purchase or otherwise reserve the land.

ON-SITE FACILITIES AND UTILITIES: Facilities and utilities installed within the legally described boundary of a development.

OPERATIONS CENTER: A maintenance, repair, or service facility operated by a local, state, or federal government agency.

OTHER NONCONFORMITY: A situation other than a nonconforming lot or use, noncomplying structure that:

A.

Legally existed before the current zoning designation of the lot where the nonconformity is located; and

B.

Because of subsequent land use ordinance changes does not conform with applicable requirements of this title.

OVERSIZED FACILITIES AND UTILITIES: Facilities and utilities which are designed with added capacity, width, depth, etc., with the express purpose of making service available to other properties outside the legally described perimeter of the subdivision.

OWNER: Any person who alone, jointly or severally with others, or in a representative capacity (including, without limitation, an authorized agent, executor or trustee) has legal or equitable title to any property.

OWNER OCCUPANCY: When the owner of record, as reflected in title records, makes his or her legal residence at the site as evidenced by voter registration, vehicle registration, driver's license, county assessor records or similar means.

PARK: A playground or other area or open space providing opportunities for active or passive recreational or leisure activities. Excludes areas for motocross, drag racing, shooting and similar activities.

PARK STRIP: The area located between a street right of way line and the edge of asphalt or curb, but not including driveways, sidewalks, or trails.

PARKING BAY: A parking area within a parking lot consisting of one or two (2) rows of parking spaces and the aisle from which motor vehicles may enter and exit parking spaces.

PARKING GARAGE, PUBLIC: A structure, or portion thereof, used for parking and storage of more than four (4) motor vehicles.

PARKING LOT, PUBLIC: A paved, open area other than a street, alley, or driveway, used for temporary parking of more than four (4) motor vehicles and available for public use, whether free, for compensation, or as an accommodation for clients or customers.

PARKING SPACE: An area designated within a building, parking lot, or other parking area for the parking or storage of one motor vehicle.

PARKING, TANDEM: A secondary parking space located directly to the rear of a primary parking space, and which when occupied, restricts access to the primary parking space.

PAWNSHOP: Any person or establishment engaged in any of the following:

A.

Lending money on deposit of personal property.

B.

Dealing in the purchase, exchange, or possession of personal property on condition of selling the same back again to the pledgor or depositor.

C.

Lending or advancing of money on personal property by taking chattel mortgage security thereon and taking or receiving possession of such personal property.

D.

Selling unredeemed pledged personal property together with such new merchandise as will facilitate the sale of such property.

PERIMETER BUILDING PAD: A separate building location, usually along the street frontage, developed or designated in connection with a larger commercial site.

PERMITTED USE: A use of land allowed within a particular zone without the necessity of obtaining a conditional use permit.

PERSON: An individual, firm, partnership, corporation, company, association, joint stock association, or governmental entity, including a trustee, receiver, assignee or similar representative of any of the foregoing.

PERSONAL CARE SERVICE: An establishment primarily engaged in the provision of frequently or recurrently needed services of a personal nature. Typical uses include beauty and barber shops, custom tailoring and seamstress shops, electrolysis studios, licensed massage therapists, portrait studios, shoe repair shops, tailors, tanning and nail salons, and weight loss centers, but excludes tattoo establishments.

PERSONAL INSTRUCTION SERVICE: An establishment primarily engaged in the provision of informational, instructional, personal improvement and similar services of a nonprofessional nature. Typical uses include art and music schools, driving and computer instruction, gymnastic and dance studios, handicraft or hobby instruction, health and fitness studios, martial arts training, and swimming clubs.

PHYSICAL OR MENTAL IMPAIRMENT:

A.

Any physiological disorder or condition, cosmetic disfigurement, or anatomical loss affecting one or more of the following body systems: neurological; musculoskeletal; special sense organs; respiratory, including speech organs; cardiovascular; reproductive; digestive; genitourinary; hemic and lymphatic; skin; and endocrine; or

B.

Any mental or psychological disorder, such as mental retardation, organic brain syndrome, emotional or mental illness, and specific learning disabilities. The term physical or mental impairment includes, but is not limited to, such diseases and conditions as orthopedic, visual, speech and hearing impairments, cerebral palsy, autism, epilepsy, muscular dystrophy, multiple sclerosis, cancer, heart disease, diabetes, human immunodeficiency virus infection, mental retardation, emotional illness, drug addiction (other than addiction caused by current, illegal use of a controlled substance) and alcoholism.

PLANNED CENTER: A development comprised of a variety of uses where landscaping, parking and other improvements are provided in a comprehensive and integrated fashion.

PLANNING COMMISSION: The planning commission of Honeyville City, Utah.

PLAT: A map or other graphical depiction of land showing thereon the division of a tract of land.

PLAT, FINAL: The final drawing of a subdivision and dedication prepared for filing with the county recorder which complies with applicable provisions of this title, other titles of this code, and the Utah code.

PLAT, PRELIMINARY: A scale drawing showing a proposal to subdivide a tract of land.

PLOT PLAN: A schematic scaled drawing of a building lot or a development which:

A.

Is less detailed than a site plan, and

B.

Indicates, as may be required by this title, the placement and location of yards, property lines, adjacent parcels, utilities, topography, waterways, irrigation, drainage, landscaping, parking areas, driveways, buildings, trash containers, open storage, streets, sidewalks, curbs, gutters, signs, lighting, fences and other features of existing or proposed construction or land use.

POLLUTION SOURCE: The point of pollution source discharges of contaminants to ground water or potential discharge of the liquid forms of "extremely hazardous substances" which are stored in containers in excess of "applicable threshold planning quantities" such as storage facilities that store the liquid forms of extremely hazardous substances, septic tanks, drain fields, class V underground injection wells, landfills, gravel pits, open dumps, landfilling of sludge and seepage, manure piles, salt piles, pit privies, and animal feeding operations.

POST OFFICE: A facility or structure owned or leased by the U.S. postal service and used for collecting, sorting or distributing mail within one or more zip code areas, or providing limited retail services for the general public, such as the sale of stamps, postcards, postal insurance, and related items.

POTENTIAL CONTAMINATION SOURCES: Any facility or site which employs an activity or procedure which may potentially contaminate ground water. A pollution source is also a potential contamination source.

PRINTING AND COPYING, LIMITED: A business establishment engaged in retail photocopying, reproduction, photo developing or blueprinting services.

PRINTING, GENERAL: The production of books, magazines, newspapers and other printed matter, as well as publishing, engraving and photoengraving, but excluding printing and copying, limited.

PRODUCE STAND: A booth, stall or other area located on agricultural property where produce is sold to the general public.

PROTECTION STRIP: A strip of land between the boundary of a development and a street within the development used to control access to a public street by a property owner abutting the development.

PROTECTIVE HOUSING: A facility operated, licensed or contracted by a governmental entity, or operated by a charitable, nonprofit organization, where, for no compensation, temporary, protective housing is provided to:

A.

Abused or neglected children awaiting placement in foster care;

B.

Pregnant or parenting teens;

C.

Victims of sexual abuse; or

D.

Victims of domestic abuse.

PROTECTIVE SERVICE: A facility providing public safety and emergency services, including fire and police protection services, emergency medical and ambulance services, and towing services. Towing services means a company licensed with the State of Utah to provide towing services and also has a contract with a local law enforcement agency to provide the towing and temporary storage of vehicles that have been towed, carried, hauled or pushed from public or private property for impoundment in a public or private impound yard. This use does not include vehicle rental or sale of new or used vehicles, vehicle and equipment repair, automobile wrecking yard, junk or salvage yard, or a freight terminal.

PUBLIC: That which is under the ownership or control of the United States government, Utah state or any subdivision thereof, Box Elder County, or Honeyville City (or any departments or agencies thereof).

PUBLIC ENTRANCE: An entrance to a building or premises customarily used or intended for use by the general public but excluding fire exits, special employee entrances, and loading dock entrances not generally used by the public.

PUBLIC HEARING: A hearing at which members of the public are provided a reasonable opportunity to comment on the subject of the hearing.

PUBLIC MEETING: A meeting required to be open to the public under the open and public meetings act, title 52, chapter 4 of the Utah code.

REASONABLE ACCOMMODATION: A change in a rule, policy, practice, or service necessary to afford a person with a disability equal opportunity to use and enjoy a dwelling. See section 10-27-6 of this title. As used in this definition:

A.

"Reasonable" means a requested accommodation will not undermine the legitimate purposes of existing zoning regulations notwithstanding the benefit that the accommodation would provide to a person with a disability.

B.

"Necessary" means the applicant must show that, but for the accommodation, one or more persons with a disability likely will be denied an equal opportunity to enjoy housing of their choice.

C.

"Equal opportunity" means achieving equal results as between a person with a disability and a nondisabled person.

RECEPTION CENTER: A facility rented for private social gatherings.

RECORD OF SURVEY MAP: A map of a survey of land prepared in accordance with section 17-23-17 of the Utah code.

RECREATION FACILITY, INDOOR: An establishment offering recreation, entertainment or games of skill to the general public that is wholly enclosed in a building. Typical uses include bowling alleys, indoor theaters, bingo parlors, pool halls, billiard parlors, video game arcades, racquetball and handball courts, and amusement rides.

RECREATION FACILITY, OUTDOOR: An establishment offering recreation, entertainment or games of skill to the general public or members wherein any portion of the activity takes place in the open. Typical uses include archery ranges, batting cages, golf driving ranges, drive-in theaters, miniature golf courses, tennis courts, and amusement rides.

RECREATIONAL VEHICLE: A vehicular unit designed as a temporary human habitation for travel, recreation, and vacation use that is either self-propelled or is mounted on or pulled by another vehicle, including, but not limited to, a travel trailer, truck camper, or motor home.

RECREATIONAL VEHICLE LOT: A plot of ground within a recreational vehicle park designed for the accommodation of one recreational vehicle.

RECREATIONAL VEHICLE PARK: Any site, tract, or parcel of land on which facilities have been developed to provide temporary living quarters for two (2) or more recreational vehicles.

REHABILITATION/TREATMENT FACILITY: A facility licensed by or contracted by the state of Utah to provide temporary occupancy and supervision of adults or juveniles in order to provide rehabilitation, treatment, counseling, or educational services. Without limitation, such services may include rehabilitation, treatment, counseling, or assessment and evaluation services related to delinquent behavior, alcohol and drug abuse, sex offenders, sexual abuse, or mental health. See section 10-27-7 of this title.

REPAIR SERVICE: An establishment primarily engaged in providing repair services, but excluding vehicle and equipment repair. Typical uses include appliance repair shops, computer and other electronic equipment repair, furniture repair and upholstery shops, watch or jewelry repair shops, and musical instrument repair shops.

RESEARCH SERVICE: An establishment engaged in industrial, medical, or scientific inquiries.

RESIDENCE: A dwelling unit where an individual is actually living at a given point in time and intends to remain, and not a place of temporary sojourn or transient visit.

RESIDENTIAL FACILITY FOR ELDERLY PERSONS: A single-family or multiple-family dwelling unit that meets the requirements of section 10-9a-103(39) of the Utah code or its successor.

RESIDENTIAL FACILITY FOR PERSONS WITH A DISABILITY: A residence in which more than one person with a disability resides and is licensed or certified by:

A.

The Utah department of human services under title 62A, chapter 2 of the Utah code (licensure of programs and facilities), or

B.

The Utah department of health under title 26, chapter 21 of the Utah code (health care facility licensing and inspection act).

RESTAURANT, FAST FOOD: An establishment that sells ready to eat food and beverages quickly and which has one or more of the following characteristics:

A.

Food and beverage orders are not taken at the customer's table;

B.

Food and beverages are generally served in disposable wrapping or containers; or

C.

Food and beverages are offered directly to the customer in a motor vehicle from a "drive-up" service window.

RESTAURANT, GENERAL: An establishment that derives not less than fifty percent (50%) of its gross receipts from the sale of food and beverages for consumption on the premises and which has one or more of the following characteristics:

A.

Food and beverage orders are taken at the customer's table from an individually provided menu;

B.

Food and beverages are served in nondisposable containers by a restaurant employee at the same table or counter where said items are consumed;

C.

Food and beverages are generally self-served in nondisposable containers and consumed on the premises; or

D.

A restaurant having some characteristics of a fast-food restaurant, other than drive-up service, which is located exclusively within a shopping center, shares common parking facilities with other businesses within the center, and has access to a common interior pedestrian accessway.

RETAIL, GENERAL: An establishment that rents or sells goods to the public, but excluding uses specifically classified in another definition herein. Typical uses include apparel stores, antique shops, art and hobby supply stores, bicycle shops, bookstores, clothing rental stores, department stores, discount stores, drugstores, electronic appliance stores, florists, food stores, furniture and appliance stores, gift and novelty shops, glass and mirror shops, hardware stores, jewelry stores, medical supply stores, music stores, optical retail sales, paint stores, pet stores, photocopying and blueprinting shops, photography supply stores, record, tape and video stores, sporting goods stores, toy stores and variety stores.

ROOFLINE: The highest point on any building where an exterior wall encloses usable floor space (including roof areas for housing mechanical equipment) and the highest point on any parapet wall if the parapet wall extends around the entire perimeter of the building.

SANITARY LANDFILL: A disposal site where solid wastes, including putrescible wastes, or hazardous wastes, are disposed of on land by placing earth cover thereon.

SANITARY SEWER AUTHORITY: The Bear River health department.

SCHOOL, CHARTER: See definition of Charter School.

SCHOOL, ELEMENTARY, MIDDLE, OR HIGH: Any building or group of buildings or premises approved by the state of Utah for public or private elementary or secondary instruction.

SCHOOL, VOCATIONAL: An establishment, for profit or not, offering regularly scheduled instruction in technical, commercial or trade skills, such as, but not limited to, business, real estate, building and construction trades, electronics, computer programming and technology, automotive and aircraft mechanics and technology, and similar types of instruction.

SECONDHAND STORE: A retail establishment that engages in the purchase and resale of used goods such as clothing, furniture, appliances, books, and other household items.

SENIOR CENTER: A facility sponsored or administered by a public or private entity which provides residences or other services for senior citizens.

SENSITIVE LAND: Any land area whose destruction or disturbance could affect the health, safety, or welfare of city residents, including wetlands, steep slopes, floodplains, and unstable soils.

SEPTIC TANK/DRAIN FIELD SYSTEMS: A sanitary sewer system comprised of a septic tank and a drain field which accepts domestic wastewater from buildings or facilities for subsurface treatment and disposal.

SEWAGE FACILITIES: Sanitary sewage collection systems, sewage treatment plants or approved individual sewage disposal facilities as may be permitted by local and state health department regulations.

SEXUALLY ORIENTED BUSINESS: See chapter 28 of this title.

SHOPPING CENTER: A group of three (3) or more commercial establishments that is planned, developed, and managed as a unit with common areas for off street parking and landscaping provided on the property.

SIGN: Any object, device, display, or structure, or a part thereof, which uses words, letters, figures, designs, symbols, fixtures, colors, illumination, or a projected image to visually convey a commercial and/or noncommercial message for the purpose of identifying, directing, attracting attention, or making known the subject thereof.

SIGN ALTERATION: Changing or rearranging any structural part, sign face, enclosure, lighting, coloring, copy (except on changeable copy signs), graphics, component, or location of a sign.

SIGN, ANIMATED: A sign with parts or sections which revolve or move or which has flashing or intermittent lights, including an electronic message sign.

SIGN AREA: The portion of a sign used for display purposes as provided in chapter 21 of this title.

SIGN, BANNER: A sign made of fabric, plastic, or other light pliable material.

SIGN, BILLBOARD: A freestanding sign that identifies or communicates a commercial or noncommercial message regarding an activity, service, product, or matter that is not conducted on or related to the lot where the sign is located.

SIGN, CHANGEABLE COPY: A sign on which text or copy is changed manually or electronically, but not including poster panels or painted bulletins.

SIGN CLEARANCE: The height of the lower edge of the face of a sign from the finished grade.

SIGN, CONFORMING: A sign which meets all applicable provisions of this title.

SIGN, DOUBLE FACED: A sign where the faces are mounted back-to-back and which has an interior angle between the two (2) faces of thirty degrees (30°) or less.

SIGN, ELECTRONIC MESSAGE: A display consisting of an array of light sources, panels or disks which are electronically activated.

SIGN FACE: The surface of a sign upon, against or through which a message is displayed or illustrated.

SIGN, FREESTANDING: A sign which is supported by a fixed permanent frame or support mounted in the ground with the sign portion elevated at least ten feet (10') above the ground.

SIGN HEIGHT: The vertical distance measured from the elevation of the nearest top back of curb, or, if there is no curb within twenty-five feet (25'), from the lowest point of the finished grade on the lot where a sign is located and within twenty-five feet (25') of the sign, to the uppermost point on the sign or the sign structure.

SIGN, ILLUMINATED OR LIGHTED: A sign equipped with artificial lighting devices for the purpose of improving the sign's visibility.

SIGN, LOW PROFILE: A sign mounted directly, or in close proximity, to the ground, and not over seven feet (7') in height from the top of any required landscaped berm to the top of the sign cabinet which is incorporated into some form of landscaping design scheme, planter box, or berm.

SIGN MAINTENANCE: The replacing, repairing, or repainting of a portion of a sign structure, periodic changing of bulletin board panels, or renewing of copy that has been made unusable by ordinary wear and tear, weather or accident.

SIGN, NONCONFORMING: A sign or sign structure which lawfully existed at the time an applicable zoning or other ordinance became effective but which does not presently conform to all the requirements of this title.

SIGN, OFF PREMISES: Any sign, including a billboard or general outdoor advertising device, that advertises or directs attention to a business, commodity, service, activity, or matter conducted, sold, or offered elsewhere than on the same lot upon which the sign is located.

SIGN, ON PREMISES: A sign located on the lot which it serves.

SIGN, POLE: See definition of Sign, Freestanding.

SIGN, PORTABLE: A sign, with or without changeable copy, intended for temporary use which is not permanently affixed to the ground or a structure such as an A-frame, poster, banner, or similar sign.

SIGN, PROJECTING: A sign attached to a building or extending in whole or in part fifteen inches (15") or more horizontally beyond the surface of the building to which the sign is attached.

SIGN, PROMOTIONAL: A temporary attention getting device such as banners, streamers, flags, balloons, pennants, and inflated signs.

SIGN, ROOF: A sign that projects over a roof and is wholly or partly supported by the roof.

SIGN SEPARATION: The horizontal distance between two (2) or more signs without regard to property lines.

SIGN SETBACK: The horizontal distance between a property line and the closest edge of a sign structure.

SIGN, TEMPORARY: A sign intended to be displayed for a temporary period of time.

SIGN, WALL: A sign displayed upon or against the wall of a building, where the exposed face of the sign is parallel to the wall and extends not more than fifteen inches (15") horizontally from the face of the wall.

SITE PLAN: A schematic, scaled drawing of a building lot or location which indicates, as may be required by this title, the placement and location of yards, property lines, adjacent parcels, utilities, topography, waterways, irrigation, drainage, landscaping, parking areas, driveways, buildings, trash containers, open storage, streets, sidewalks, curbs, gutters, signs, lighting, fences and other features of existing or proposed construction or land use.

STABLE, PRIVATE: A detached accessory building for the keeping of horses, the majority of which are owned by the occupants of the premises.

STABLE, PUBLIC: A commercial establishment that boards, breeds, trains, raises, or rents horses for riding or other equestrian activities.

START OF CONSTRUCTION: The issuance date of a building permit, provided that construction, repair, reconstruction, placement, or other improvement begins within one hundred eighty (180) days of the permit date. "Begins" means either the first placement of permanent construction of a structure on a site, such as the pouring of a slab 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. "Begins" does not include:

A.

Land preparation, such as clearing, grading and filling;

B.

Installation of streets and/or walkways;

C.

Excavation for a basement, footings, piers, or foundations or the erection of temporary forms; or

D.

Installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure.

STORY: That portion of a building included between the upper surface of a floor and the upper surface of the floor or roof next above.

STREET: A public right of way, including a highway, avenue, boulevard, parkway, road, lane, walk, alley, viaduct, subway, tunnel, bridge, public easement, or other way.

STREET, COLLECTOR: A street, existing or proposed, which is the main means of access to the major street system, and shall have a right of way equal to that shown on the master street plan.

STREET, CUL-DE-SAC: A minor terminal street provided with a turnaround.

STREET, MAJOR: A street which serves or is intended to serve as a major trafficway and is designated on the master street plan as a controlled access highway, major street, parkway or other equivalent term identifying those streets comprising the basic structure of the master street plan.

STREET, MINOR: A street which is supplementary to a collector street and of limited continuity which serves or is intended to serve the local needs of a neighborhood, and shall have a right of way equal to that shown on the master street plan or, sixty feet (60') if not defined on a master street plan.

STREET, PRIVATE: A right of way at least fifty feet (50') in width within a development reserved by dedication for private access to lots within a development and not publicly accepted or maintained.

STREET, PUBLIC: See definition of Street.

STREET, STUB: A street extending from within the subdivision to the boundary thereof and temporarily terminating there with no permanent vehicular turnaround. Stub streets are provided to permit access to adjacent parcels of land.

STREET WIDTH: The distance back-to-back of curb or curb-gutter, or on a street where gutter or curb-gutter does not exist, the width of the street pavement.

STRUCTURAL ALTERATION: Any change in supporting members of a building or structure, such as bearing walls, columns, beams or girders.

STRUCTURE: Any building, shelter, sign, wall, fence, pole or other improvement with a fixed location on the ground or attached to something having a location on the ground.

STRUCTURE, NONCOMPLYING: A structure that:

A.

Legally existed before its current zoning designation; and

B.

Because of subsequent land use ordinance changes, does not conform with the setbacks, height restrictions, or other regulations that govern the use of land.

SUBDIVIDER: Any person who undertakes to create a subdivision.

SUBDIVISION: Any land that is divided, resubdivided or proposed to be divided into two (2) or more lots, parcels, sites, units, plots, 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.

A.

Subdivision includes:

1.

The division or development of land whether by deed, metes and bounds description, devise and testacy, map, plat, or other recorded instrument; and

2.

Except as provided in subsection B of this definition, divisions of land for residential and nonresidential uses, including land used or to be used for commercial, agricultural, and industrial purposes.

B.

Subdivision does not include:

1.

A bona fide division or partition of agricultural land for the purpose of joining one of the resulting separate parcels to a contiguous parcel of unsubdivided agricultural land, if neither the resulting combined parcel nor the parcel remaining from the division or partition violates an applicable provision of this title.

2.

A recorded agreement between owners of adjoining unsubdivided properties adjusting their mutual boundary if:

a.

No new lot is created; and

b.

The adjustment does not violate an applicable provision of this title.

3.

A recorded document, executed by the owner of record:

a.

Revising the legal description of more than one contiguous unsubdivided parcel of property into one legal description encompassing all such parcels of property; or

b.

Joining a subdivided parcel of property to another parcel of property that has not been subdivided, if the joinder does not violate applicable land use ordinances.

4.

A recorded agreement between owners of adjoining subdivided properties adjusting their mutual boundary if:

a.

No new dwelling lot or housing unit will result from the adjustment; and

b.

The adjustment will not violate any applicable provision of this title.

5.

The joining of a subdivided parcel of property to another parcel of property that has not been subdivided as to the unsubdivided parcel of property.

SUBSTANTIAL ACTION: Action taken in good faith to exercise development rights authorized pursuant to a development approval given under the authority of this title.

SUBSTANTIAL IMPROVEMENT: Any repair, reconstruction, or improvement of a building or structure, the total cost of which equals or exceeds, or, if before completion, is estimated to equal or exceed, fifty percent (50%) of the market value of the structure either before the improvement or repair is started, or if the structure has been damaged and is being restored, before the damage occurred. Substantial improvement includes the first alteration of any wall, ceiling, floor, or other structural part of the building or structure.

TANDEM PARKING: See definition of Parking, Tandem.

TATTOO ESTABLISHMENT: Any location, place, area, structure, or business used for the practice of affixing a permanent mark or design on or under the skin by a process of cutting for the purpose of scarring or pricking or ingraining an indelible pigment, dye, or ink in the skin, or instruction for such a practice.

TAVERN: An establishment licensed by the Utah alcoholic beverage control commission for serving liquor by the drink to the general public.

TEMPORARY DWELLING: See definition of Dwelling, Temporary.

TEMPORARY TRAILER: A temporary trailer or structure utilized solely by a builder during construction of a project for purposes incidental to the construction work on the property.

TOTAL HEIGHT: The distance measured from ground level to the blade extended at its highest point (tower and turbine combined).

TOWER: The supporting structure on which the turbine and accessory equipment are mounted.

TRANSITIONAL HOUSING FACILITY: A facility owned, operated or contracted by a governmental entity, or a charitable, nonprofit organization, where, for no compensation, temporary housing is provided to homeless persons, while they obtain work, job skills, or otherwise take steps to stabilize their circumstances. A transitional housing facility shall not include a homeless shelter.

TRANSPORTATION SERVICE: An establishment that moves people or goods and services. Typical uses include taxicab service, passenger autos for rent with drivers, ambulance service, and parcel delivery service.

TRANSPORTATION TERMINAL: A building or premises for the transient housing or parking of vehicles and for the pick-up and discharge fare paying passengers. Accessory uses may include ticket offices, luggage checking facilities, and similar uses.

TURBINE: That portion of the wind system which includes the blades, generator and tail.

USE, ACCESSORY: A subordinate use customarily incidental to a permitted or conditional use and located on the same lot as such use.

USE, CONDITIONAL: A main use that, because of its unique characteristics or potential impact on the city, 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.

USE, ILLEGAL: A use that is not allowed where located as a permitted use, conditional use, accessory use, or nonconforming use.

USE, INCOMPATIBLE: A use which is different in activity, intensity, or utilization which is or will be in conflict with uses on adjoining lots.

USE, LAND: The purpose or activity for which land, a lot, or building or structure thereon, is designed, arranged or intended, or for which it is occupied or maintained.

USE, MAIN: The primary purpose for which a lot or structure is designed, arranged or intended, or for which it is occupied or maintained as allowed by the provisions of this title.

USE, NONCONFORMING: A use of land that:

A.

Legally existed before the current zoning designation of the land where the use is located;

B.

Has been maintained continuously since the time the zoning designation governing the land changed; and

C.

Because of subsequent zoning changes, does not conform with the zoning regulations that now govern the use of the land.

USE, PERMITTED: A main use of a building, structure, or land allowed in one or more of the respective zones set forth in this title and which may be lawfully established provided it conforms with applicable provisions of this title.

USE, TEMPORARY: A use not allowed as a permitted, conditional or accessory use where located and which is established for a limited time with the intent to discontinue the use upon expiration of the time period authorized by a temporary use permit.

UTILITY, MAJOR: A facility, other than collection or distribution lines or supporting structures thereto, of any agency which, under public franchise or ownership, provides the general public with electricity, gas, heat, steam, communication, rail transportation, water, sewage collection or other similar service. Excludes corporate or general offices, storage or service buildings or yards, gas or oil processing, manufacturing or storage facilities or postal facilities, or other uses defined in this section. Typical uses include commercial radio, television and microwave communication towers, electric generation plants or substations, railroad switching yards, reservoirs, sanitary landfills and water and wastewater treatment plants.

UTILITY, MINOR: A facility of any agency under public franchise or ownership to provide services deemed necessary to support development which involve only minor structures, such as poles and lines, but not including utility substations.

UTILITY SUBSTATION, PUBLIC: Any aboveground device of a water, irrigation, sewer, natural gas, electrical, telecommunications (including, but not limited to, radio, telephone and cellular telephone), cable television, or other public or private utility system intended to regulate the function of a utility line or which receives or transmits a signal. Excluded from this definition are:

A.

Conventional utility poles, features or equipment to be placed on such a pole, light poles;

B.

Features or equipment whose primary benefit is limited to the building or land use where the feature or equipment is located; and

C.

Features or equipment with maximum horizontal and vertical dimensions of three feet (3').

VARIANCE: A waiver or modification granted by the board of adjustment to a height, bulk, area, width, setback, separation, or other numerical or quantitative requirement of this title as permitted by this title.

VEHICLE: A properly licensed automobile, truck, trailer, boat or other device in which a person or thing is or can be transported from one place to another.

VEHICLE AND EQUIPMENT RENTAL OR SALE: An establishment engaged in the sale or rental from the premises, of motor vehicles or equipment, along with incidental service or maintenance. Typical uses include new and used automobile and truck sales, automobile rental, boat sales, motorcycle sales, construction equipment rental yards, moving trailer rental and farm equipment and machinery sales and rental.

VEHICLE AND EQUIPMENT REPAIR, GENERAL: An establishment primarily engaged in the major repair or painting of motor vehicles or heavy equipment, including auto body repairs, installation of major accessories and transmission and engine rebuilding services. Typical uses include major automobile repair garages, farm equipment repair and paint and body shops.

VEHICLE REPAIR, LIMITED: An establishment providing motor vehicle repair or maintenance services within completely enclosed buildings, but not including paint and body shops or other general vehicle repair services. Typical uses include businesses engaged in the following activities: electronic tune ups, brake repairs (including drum turning), air conditioning repairs, generator and starter repairs, tire repairs, front end alignments, battery recharging, lubrication, and sales, repair and installation of minor parts and accessories such as tires, batteries, windshield wipers, hoses, windows, etc.

VETERINARY SERVICE: An establishment providing medical care and treatment for large and small animals, which may include accessory grooming or boarding services. Veterinary service does not include an animal hospital.

VICINITY PLAN: A drawing showing the relationship of proposed real property development to adjoining property.

VIOLATION: The act of disregarding, disobeying, neglecting, omitting or refusing to comply with the requirements or enforcement of this title.

WAREHOUSE, SELF-SERVICE STORAGE: An enclosed storage facility of a commercial nature containing independent, fully enclosed bays which are leased to persons exclusively for storage of their household goods or personal property.

WATER FACILITIES: Culinary water facilities that include water, water supply, springs, wells, transmission and distribution pipelines, service laterals, pumps, valves, fittings, reservoirs, fire hydrants, and all appurtenant facilities necessary to provide and deliver an adequate quantity of an approved quality of water to a lot. An "adequate quantity of water" means:

A.

For a lot not served by a secondary water system, culinary water furnished at three and four-tenths (3.4) gallons per minute of water at forty (40) psi minimum to a dwelling unit located on a lot or each ten thousand (10,000) square feet of lot area.

B.

For a lot with a secondary water source, culinary water furnished at one and seven-tenths (1.7) gallons per minute of water at forty (40) psi minimum to a dwelling unit located on a lot.

C.

For fire suppression purposes, culinary water furnished at one thousand (1,000) gallons per minute for two (2) hours, with a residual pressure of no less than twenty (20) psi, from each of two (2) fire hydrants located not more than five hundred feet (500') from a dwelling unit.

WELLHEAD: The upper terminal of a well, including adapters, ports, seals, valves and other attachments.

WHOLESALE AND WAREHOUSING, GENERAL: An establishment that is primarily engaged in the storage and sale of goods to other firms for resale, as well as activities involving significant movement and storage of products or equipment. Uses include major mail distribution centers, frozen food lockers, moving and storage firms, and warehousing and storage facilities.

WHOLESALE AND WAREHOUSING, LIMITED: An establishment that is engaged in the small scale storage and sale of goods to other businesses for resale, excluding self-storage warehouses, major distribution centers, motor freight terminals, moving and storage firms and similar high volume, high turnover facilities. Limited wholesale and warehouse area will generally be under fifty thousand (50,000) square feet in area and operate during conventional business hours.

WIND ENERGY SYSTEM, COMMERCIAL. COMMERCIAL WIND ENERGY SYSTEM: A wind energy conversion system consisting of one or more wind turbine(s) and tower(s), with associated control or conversion electronics which will be used for on-site and/or off-site consumption of power with a rated capacity in excess of one hundred kW.

WIND ENERGY SYSTEM, SMALL WIND ENERGY SYSTEM: A wind energy conversion system consisting of a wind turbine, a tower and associated control or conversion electronics with a rated capacity appropriate to the on-site electric usage of the end use and which will be used primarily to reduce on-site consumption of utility power (limited to one per lot or parcel, or up to four on agricultural properties with twenty acres or more-systems with multiple towers may cluster towers/facilities together). A small wind energy system shall not exceed a rated capacity of one hundred kW.

WIND MONITORING TOWER AND EQUIPMENT (met tower): A temporary tower housing or supporting wind measuring equipment such as an anemometer for the purpose of establishing the viability of windgenerated energy by measuring and monitoring wind velocity, duration, intensity, regularity, etc.

WIRELESS TELECOMMUNICATIONS FACILITY: An unmanned structure consisting of equipment used primarily for the transmission, reception or transfer of voice or data through radio wave or wireless transmissions as provided in title 47, United States Code, section 332(c)(7)(C), as amended.

YARD: An open space located between a front, rear, or side building line and an adjoining lot line which is unoccupied and unobstructed from the ground upwards by any portion of a building or structure, except as specifically provided in this title.

YARD DEPTH: The least horizontal distance between a lot line and a building line.

YARD, FRONT: A space on the same lot extending across the full width of the lot between the front building line and the front lot line. The depth of the front yard is the minimum distance required by this title between the front lot line and the front building line.

YARD, REAR: A space on the same lot extending across the full width of the lot between the rear building line and rear lot line. The depth of the rear yard is the minimum distance required by this title between the rear lot line and rear building line.

YARD, SIDE: A space on the same lot extending from the front building line to the rear building line between the side building line and the side lot line. The width of a side yard is the minimum distance required by this title between the side building line and the side lot line.

ZONE: An area of the incorporated territory of the city as shown on the official zoning map which has been given a designation which regulates and restricts the erection, construction, reconstruction, alteration, repair or use of buildings or structures, or the use of land all as set forth in this title.

ZONING ADMINISTRATOR: The person charged with principal responsibility for interpreting and applying the provisions of this title.

(Adopted by Ord. 2007-02 on 7/11/2007; Amended by Ord. 2010-01 on 5/12/2010; Amended by Ord. 2015-01 on 4/8/2015; Ord. No. 2024-06, § 1, 7-10-2024)

For the convenience of users of this title, certain terms may be illustrated and attached to the ordinance codified herein as appendix A. If any conflict arises between an illustration and a definition, the definition shall apply.

(Adopted by Ord. 2007-02 on 7/11/2007)