Upon adoption by the City Council, this portion of HCC 10 is declared to be and shall hereafter constitute the official zoning and subdivision ordinance of Hooper City. HCC 10 shall be known and cited as the Hooper City Zoning and Subdivision Ordinance. The Hooper City Zoning and Subdivision Ordinance is published by authority of the City Council, and it shall be kept up to date. Within this document, the Hooper City Zoning and Subdivision Ordinance shall be referred to as “this Title.”

1. To carry out the intent and purposes of the “The Municipal Land Use Development and Management Act”, Utah Code 10-9, as amended;
2. To carry out the policies of the Hooper City General Plan by classifying and regulating the uses of property and structures within Hooper City;
3. To establish zones within Hooper City in accord with the adopted general plan in conformance with Utah Code § 10-9-405.

1. This Title shall consist of the text adopted by Ordinance 010603, as amended from time to time, and the Official Zoning Maps adopted by Ordinance 010603, as amended from time to time. Copies are available for review at 5580 West 4600 South. This Title and each and all of its terms are to be read and interpreted in light of the designations of the Official Zoning Maps.
   

The regulations of this Title shall apply to all incorporated properties within Hooper City and shall govern development and use of those properties.

1. No person or public agency shall construct, alter, move, or change the use of a structure or undertake any development unless:
   1. The proposed use, structure, or division of property complies with this Title.
   2. Any required approval is first obtained as provided by this title, and any applicable conditions of approval are met.
2. Nothing in this Title shall eliminate the need for obtaining any other required permits, including, but not limited to, building permits, plumbing, electrical, or mechanical permits, grading permits, or any permit, approval, or entitlement required by other titles of the Hooper City Code, other political subdivisions of the State of Utah, or agencies of the State of Utah.
3. All properties within Hooper City shall comply with the regulations of this Title unless otherwise pre-empted by Federal or state statute or by local ordinance.
4. The prosecution of violations that occurred under previous land use regulations and that remain a violation under this Title shall continue until resolved.

1. Language:
   1. Terminology: When used in this Title, all words used in the present tense shall include the future; words used in the singular number shall include the plural number and the plural the singular, unless the natural construction of the sentence indicates otherwise. The word “shall” is mandatory, and the word “may” is permissive.
   2. Number of days: Whenever a number of days is specified in this Title, or in any permit, condition of approval, or notice issued or given as provided in this Title, the number of days shall be construed as calendar days, except that such time limits shall extend to the following working day when the last of the specified number of days falls on a weekend or Hooper City holiday.
   3. Minimum requirements: When interpreting and applying the regulations of this Title, all regulations shall be considered to be minimum requirements, unless stated otherwise. Proposed uses shall comply with all applicable regulations and standards unless specifically exempt elsewhere in this Title.
   4. Defined terms: Terms defined in HCC 10-1A-1 shall have their defined meaning when used elsewhere in this Title. For the purpose of readability and clarity, such terms are not shown in initial caps.
   5. Section headings: Section headings or captions are for reference purposes only and shall not be used in the interpretation of this ordinance.
   6. References: All references to State or Federal laws and/or regulations shall refer to such laws and/or regulations as they may be amended over time.
2. Zone Boundaries: Where uncertainty exists about the location of any zone boundary shown on the Official Zoning Map, the following rules shall be used to resolve the uncertainty:
   1. Where a zone boundary approximately follows a property line, such property line shall be construed as the zone boundary.
   2. Where a zone boundary approximately follows a street, alley, or railroad line, such street, alley, centerline, or the extension of such line, shall be construed as the zone boundary. Where a street or alley is officially vacated and that street or alley has not been given a zoning designation, the land that was formerly in the vacated street or alley shall have the same designation as the abutting property on either side of the centerline of the vacated street or alley.
   3. Where a zone boundary approximately follows a watercourse, the centerline of the watercourse shall be construed to be such boundary. In the event of a change in the watercourse shoreline, the boundary shall be construed as moving with the actual shoreline.
   4. Where a zone boundary does not obviously coincide with any of the above lines (property; street, alley, or railroad line; watercourse), or where it is not designated by dimensions, it shall be deemed to be located along the nearest section, a quarter section, or a sixteenth section line.
3. Conflicting Regulations:
   1. In case of conflict between the text and the maps of this Title, the maps shall prevail.
   2. If conflicts occur between different regulations of this Title, or between this Title and other regulations of the Hooper City Code, the most restrictive regulation shall apply.
   3. It is not intended that this Title interfere with, abrogate, or annul any easements, covenants, or other agreements between parties; however, where this Title imposes a greater restriction upon the use of structures or premises or upon the height of structures, or requires larger space than is imposed or required by ordinances, rules or regulations, or by easements, covenants, or agreements, the regulations of this Title shall govern.
4. Allowed Uses: If a proposed use of property is not specifically listed in HCC 10-2, Base Zones, the use shall be prohibited, except as follows: the Planning and Zoning Commission may determine that a proposed use not listed in HCC 10-2 is equivalent to an allowed use if the Commission finds all of the following:
   1. The impacts on public services and activities associated with the proposed use are substantially similar to those of one or more of the uses listed in the applicable base or overlay zones as allowed;
   2. The proposed use shall not involve a higher level of activity or density than one or more of the uses listed in the applicable base or overlay zones as allowed;
   3. The proposed use is consistent with the purpose of the zone in which the use is proposed to be located; and
   4. The proposed use is in substantial conformance with goals and objectives of the applicable general plan.

Where a property has not been zoned due to an error in a legal description the following shall apply:

1. If the error is caused by the City, the error shall be corrected and duly processed by the City as soon as the error is discovered.
2. If the error is caused by the applicant and/or owner, the applicant shall apply for a zoning ordinance map amendment and submit the proper fees.

References in this Title to other ordinances or codes of Hooper City and statutes of the State of Utah are provided solely for the coordination of this Title with such other ordinances and statutes.

1. This Title shall be interpreted to equally protect citizens from the undue encroachment on their private property by their neighbors’ use of their private property and equally protect each citizen’s right to use of their property without creating undue burden upon their neighbors.
2. In the administration of this Title, every person shall be secure in their premises, and no employee of the City shall enter upon, investigate, or search any of the premises of any citizen without the consent of such citizen, an order or warrant issued by a court of proper jurisdiction or a warrant exception as outlined by law.
3. Every citizen of Hooper City shall have the right to appear in person or be represented by his or her agent before the City Council in the proper order of business and to appeal a decision pursuant to the procedures contained in this Title.
4. In the enforcement of this Title, it shall be deemed to apply equally to each citizen and each property in similar circumstances, and shall not be enforced to discriminate between one individual and/or another individual or other group as compared to all others.

Should any section, clause, or regulation of this Title be declared by a court of competent jurisdiction to be invalid, the same shall not affect the validity of this Title as a whole, or any part thereof, other than the part so declared to be invalid; each section, clause, or regulation hereof being declared severable.

The following terms shall have the following meanings in the interpretation and construction of this Title.

ABANDONED: To cease or discontinue a use or activity for 12 months without intent to resume.

ABUT OR ABUTTING: Having a common border with the subject property.

ACCESSORY DWELLING UNIT: See dwelling, Secondary Detached and Secondary Attached.

ACCESSORY STRUCTURE: A detached structure in a rural or residential base zone that is incidental and subordinate to the principal structure and is located upon the same property. (Hallways, tunnels, breezeways, porticos, and similar connections shall not constitute an accessory structure if attached to the principal permitted dwelling.) The term accessory structure shall include, but not be limited to, the following: private garage, storage structure, workshop, and greenhouse. The term shall not include additional structures for approved public, commercial, or industrial uses.

ACCESSORY USE: A use that is incidental and subordinate to the permitted or approved conditional use, is conducted upon the same property, and requires no further approval.

AGRICULTURAL INDUSTRY: Agricultural industries shall include, but not be limited to, the following: commercial composting facility, meat packing facility, processing plant for agricultural and dairy products, and slaughterhouse.

AGRICULTURAL LAND, PRIME: Land that contains Class I, II, or III agricultural soils as defined by the Natural Resources Conservation Service.

AGRICULTURAL SERVICE ESTABLISHMENT: An establishment that provides support activities for agriculture and forestry as classified by the U.S. Census Bureau “North American Industrial Classification System.”

AGRICULTURAL STRUCTURE: A structure on a farm, as herein defined, excluding any dwelling or any structure that shelters any personal items not directly needed for agricultural uses.

AGRICULTURE AND AGRICULTURAL USE: Activities that take place on a farm, as herein defined, including but not limited to the raising of crops and livestock and other related activities.

AGRONOMIC RATE: The application of fertilizer or other crop supplements

1. at rates whereby the nutrients are fully taken up by the crop or stored in the soil and
2. in a manner that does not negatively impact the waters of the State.

AIRCRAFT LANDING FIELD: A privately owned area of land that is used or intended for the landing and take-off of aircraft, including the necessary accessory structures or facilities for storing and maintenance of aircraft.

AIRPORT: A publicly owned area of land that is used or intended for the landing and take-off of aircraft, including the necessary accessory structures or facilities for storing and maintenance of aircraft.

ALLEY: See street, alley.

AMATEUR RADIO ANTENNA: The supporting towers and antenna structure necessary for broadcast from a radio communication service for the purpose of self-training, intercommunication, and technical investigation carried out by amateurs, that is, duly authorized persons interested in radio technique solely with a personal aim and without commercial interest.

AMERICANS WITH DISABILITIES ACT: The Americans with Disabilities Act Part III (Appendix A to Part 36), as published in the Federal Register Volume 56 No. 144 (and subsequent editions) and the Americans with Disabilities Act Part II, as published in the Federal Register Volume 56 No. 173.

AMUSEMENT OR RECREATION FACILITY: An establishment engaged in providing amusement, recreation, or entertainment. Indoor amusement or recreation facility shall include, but not be limited to, pool hall, billiard parlor, theater, health club, spa, fitness facility, nightclub, or skating rink. Outdoor amusement or recreation facility shall include, but not be limited to, amusement park, miniature golf, golf driving range (that is not accessory to a golf course), drive-in theater, tennis court, football, soccer, rugby, or hockey field, skate park, or swimming pool.

ANIMAL CLINIC, ANIMAL HOSPITAL OR VETERINARY OFFICE: Any structure, or portion thereof, that is designed or used for the medical or surgical treatment of animals in which veterinary services, including boarding incidental to treatment, are limited to short-term care.

ANIMAL FEEDING OPERATION (AFO): A livestock confinement facility, as herein defined, with more than 300 animal units, and where the animal confinement areas do not sustain crops, vegetation, forage growth, or post-harvest residues in the normal growing season as generally described in 40 CFR (Code of Federal Regulations) 122.23(b)(1).

Two or more abutting AFOs under common ownership shall be considered a single AFO. Two or more AFOs that are operated as a single facility shall be considered a single AFO if it is determined by the City Administration that they significantly link operations including, but not limited to, shared storage or treatment systems or shared equipment.

ANIMAL UNIT: A unit of measurement for livestock calculated as follows:

Each horse, cow, llama, or similar size animal shall equal one animal unit. Smaller animals shall make up one animal unit as follows: four (4) sheep, four (4) goats, two (2) swine, fifteen (15) chickens, fifteen (15) ducks, ten (10) turkeys, fifteen (15) pheasants, eight (8) geese, or ten (10) rabbits. The City Administration may determine an equivalent animal unit for animals not listed herein including miniature forms of large animals, and may determine what combination of small animals constitute one animal unit. Such determination shall consider the purpose of the regulations pertaining to the keeping of livestock and potential impacts on surrounding properties.

ANTENNA: Any system of wires, poles, rods, reflecting discs, or similar devices used for the transmission or reception of electromagnetic waves, external to or attached to the exterior of any structure.

APARTMENT: A room or suite of rooms within a multi-family zoned area for rent or lease, to be used as a single-family dwelling.

APPROVED USE: The term approved use as used in this Article shall include, but not be limited to: a principal permitted use with permit approval, an approved conditional use. For the purposes of this Title, a development application previously approved by Weber County shall be deemed an approved use.

ARTERIAL: See street, arterial.

ATTACHED SECONDARY DWELLING: See dwelling, secondary attached.

AUCTION ESTABLISHMENT: Premises on which merchandise is stored on a temporary basis to be sold through an on-site auction.

AUTOMOBILE SALES OR SERVICE: The sale, trade, or lease of new or used passenger automobiles (including, but not limited to cars, sport utility vehicles, light duty trucks, and/or vans) in operating condition and any automobile repair work or minor service. Repair work or minor service shall include, but not be limited to, replacement of parts (e.g., tires, shocks, brakes, mufflers, windshields, radiators, upholstery), oil change, minor engine repair, tune up, and accessory sales of replacement parts. Any operation specified under automobile, major repair is excluded.

AUTOMOBILE WRECKING YARD: Any area, lot, land, or parcel where more than 2 motor vehicles without current registration or more than 2 inoperable or dismantled motor vehicles that are not in operating condition (or parts thereof) are:

1. standing more than 30 days,
2. dismantled, or
3. stored. The following uses are excluded from this definition: agricultural equipment on a farm as herein defined, automotive hobby as herein defined, and vehicles stored or dismantled within a completely enclosed structure.

AUTOMOBILE, MAJOR REPAIR: Any or all of the following activities:

1. engine rebuilding;
2. major reconditioning of worn or damaged motor vehicles;
3. collision service, including body, frame, or fender straightening or repair; and
4. overall painting of vehicles within an enclosed structure.

AUTOMOTIVE, HOBBY: An accessory use involving the restoration, maintenance, and/or preservation of up to 2 vehicles at any one time.

BAR: A structure used primarily for the sale or dispensing beer by the drink or glass, but not including restaurants where the principal business is serving food.

BARRIER: A vertical element including, but not limited to, a fence, wall, structure, or a combination thereof, that completely surrounds an area and controls access to such area.

BASEMENT: Any portion of a building's interior that is constructed partially or fully below existing property grade. A basement is not considered a story.

BASE ZONE: The zone classification, listed in HCC 10-2-1, in effect on any given property.

BEACON: Any light with one or more beams directed into the atmosphere or directed at one or more points not on the same property as the light source; also, any light with one or more beams that rotate or move.

BED AND BREAKFAST ESTABLISHMENT: An owner-occupied dwelling providing overnight accommodations and breakfast food service for no more than 10 occupants, including the owner and owner’s family.

BOARDING HOUSE: An establishment with individual rooms where meals and lodging are provided for, with or without compensation, to more than 2 but not more than 10 persons. A boarding house shall include, but not be limited to, a rooming house, shelter, convent, monastery, dormitory, fraternity house, sorority house, or any group of individuals whose association is temporary or seasonal in nature. Hotels, motels, multi-family developments, and bed and breakfast establishments, as herein defined, shall not be considered boarding houses.

BREW PUB: An establishment, or portion thereof, that brews less than 30,000 barrels of beer annually. The establishment may include a restaurant, sale of alcoholic beverages by the drink or glass, and/or retail sale of the products of the brewery.

BREWERY: An establishment that brews 30,000 barrels of beer or more annually.

BUFFER: A combination of physical space and vertical elements, including but not limited to, plants, berms, fences, and/or walls that separate and screen incompatible land uses from one another.

BUILDING ENVELOPE: The area on a property exclusive of the required yards and unbuildable areas (including but not limited to, slopes in excess of 25 percent and areas within a designated floodway).

BUILDING MARKER: Any sign indicating the name of a structure, a date, or other incidental information about its construction cut into a masonry surface or made of bronze or other permanent material.

BUILDING OFFICIAL: The officer or other designated authority charged with the administration and enforcement of the Hooper City Building Code, or the Building Official’s duly authorized representative.

CAMPGROUND: An area or tract of land that accommodates one or more temporary residential uses, including but not limited to, cabins, tents, campers, travel trailers, motor homes, and/or recreational vehicles.

CAR WASH: An establishment or area that provides facilities for washing and cleaning vehicles, which may use production line methods with a conveyor, blower, or other mechanical devices, and that may employ some hand labor. The facility may include vacuums and drying areas as accessory uses.

CHILDREN’S TREATMENT FACILITY: An establishment, or portion thereof, that:

1. provides permanent provisions for living, sleeping, eating, cooking, and sanitation for more than 8 juveniles under 18 years old, and
2. provides treatment for substance abuse, mental illness, emotional disturbance, developmental disability, mental retardation, or juveniles who have been identified by the judicial system as requiring treatment, therapy, rehabilitation, or supervision. For purposes of this Title, this definition shall include group foster homes with more than 13 juveniles.

CHURCH OR PLACE OF RELIGIOUS WORSHIP: An establishment that by design and construction is primarily intended for the conducting of organized religious services, meetings, and associated activities.

CLEAR VIEW TRIANGLE: A triangle area to provide a clear view of traffic and pedestrians at each intersection, where a stop is required, or driveway shall be free of viewing obstructions. Fencing, structures, plants, trees, or other obstructions over two (2) feet high as measured from the average grade at the property line, are not allowed in the clear view triangle. For dimensions and locations of the clear view triangle refer to the chart below.

CLINIC, MEDICAL: An establishment, other than a hospital, as herein defined, shared by 2 or more licensed physicians or dentists for the purpose of treating human patients.

CLUB OR LODGE: An auxiliary, fraternal, or veteran’s organization.

COLLECTOR: See street, collector.

COMMERCIAL KENNEL: See kennel, commercial.

COMMERCIAL VEHICLE: See vehicle, commercial.

COMMISSION: The Planning and Zoning Commission of Hooper City, Utah.

COMMUNITY SEWAGE DISPOSAL SYSTEM: A system where clustered homes are connected to a common waste disposal treatment system that shall be designed to accommodate connection to a municipal wastewater collection and treatment facility when reasonably available.

COMPOSTING FACILITY, COMMERCIAL: A facility where organic material derived primarily off-site is processed by composting and/or processed for commercial purposes. Related activities include the management, collection, transportation, staging, composting, curing, storage, marketing, or use of compost.

CONDITIONAL USE: A use that, owing to some special characteristics attendant to its operation or installation (for example, potential danger, hours of operation, or noise), is permitted in a zone subject to approval by the Planning and Zoning Commission and subject to special requirements as enabled by Utah Code § 10-9-407.

CONDOMINIUM: An estate in real property that is not a subdivision.

CONFINEMENT AREAS: Any area or structure where livestock and/or poultry are stabled, confined, gathered, fed, maintained, and/or milked and where such areas do not sustain crops, vegetation, forage growth, or post-harvest residues in the normal growing season.

CONSERVANCY LOT: A large, privately owned lot encompassing part of an area of open land. The purpose of the conservancy lot is to provide surrounding residents with visual access to open space while keeping the land under private ownership and maintenance. Only a small, delineated portion of such lots may be developed; the remainder must be protected through conservation easements and used in conformance with standards for open space land. Public access to open space land on conservancy lots is not required. CONSERVATION EASEMENT: A nonpossessory interest of a holder in real property imposing limitations or affirmative obligations, the purposes of which include retaining or protecting natural, scenic, or open-space values of real property, assuring its availability for agricultural, forest, recreational, or open-space use, protecting natural resources, maintaining or enhancing air or water quality, or preserving the historical, architectural, archaeological, or cultural aspects of real property. CONTIGUOUS PARCELS: Unplatted parcels held in one ownership that abut each other at a common boundary that permits use of the parcels as one unit. See also HCC 10-4A-8.

CONTRACTOR: A person who agrees to furnish materials or perform services at a specified price, especially for construction. The term contractor shall include, but not be limited to, building, landscaping, electrical, plumbing, heating, or air conditioning contractors.

CONTRACTOR’S YARD: Any area of land used by a contractor for storage, maintenance, or processing incidental to the business of building, hauling, excavation, demolition, or similar activity and including any area of land used for the incidental repair of machinery used for any of the above listed activities.

CORNER PROPERTY: See property, corner.

CITY: Hooper City, Utah.

CITY ENGINEER: That licensed professional engineer appointed by the City Council who is responsible for all engineering matters for Hooper City. COVERAGE, IMPERVIOUS SURFACE: An impervious surface area includes any hard-surfaced, man-made area that does not readily absorb water, including but not limited to roofs, parking and driveway areas, sidewalks and paved recreational facilities and decks.

CUL-DE-SAC: See street, cul-de-sac.

CUT-OFF ANGLE: The angle formed by a line drawn from the direction of light rays at the light source and a line perpendicular to the ground from the light source, above which the light is emitted.

CUT-OFF SHIELD, FULL: See full cut-off shield.

DAIRY: An operation whose principal function is the production of milk, including the barn, processing facility, or feeding area where dairy animals are kept, raised, or fed.

DANGEROUS OR PROTECTED ANIMAL: Any species for which the State or Federal government has established specific regulations regarding such animal including, but not limited to, big cats, bears, raptors, large reptiles, and other wildlife. The term shall not include any species commonly recognized as domestic pets.

DAY CARE FACILITY: An establishment, or portion thereof, where more than 12 individuals (children or adults) regularly receive care and supervision for a period less than 15 hours per day unaccompanied by the individual’s guardian.

DAY CARE HOME, GROUP: An establishment, or portion thereof, or dwelling where more than 6 but no greater than 12 individuals (children or adults) regularly receive care and supervision for a period less than 15 hours per day unaccompanied by the individual’s guardian.

DBA: The A-weighted scale for measuring sound in decibels; weighs or reduces the effects of low and high frequencies in order to simulate human hearing.

DECISION-MAKING BODY: The Commission, City Council, or Hearing Officer as set forth in this Title.

DEDICATION: The setting apart of land or interests in land for public use, charitable, religious, or educational purposes.

DENSITY: The ratio of the total number of dwelling units within a development divided by the total area.

DENSITY, NET: The ratio of the total number of dwelling units within a development divided by the area devoted to residential uses (excluding roadways and/or required dedicated open space).

DETACHED SECONDARY DWELLING: See dwelling, secondary detached.

DEVELOPMENT: Any construction or installation of a structure, or any change in use of a structure, or any change in the use, character, or appearance of land, that creates additional demand and/or need for public facilities.

DEVELOPMENT APPLICATION: An application for development that requires approval and/or action by the Planning and Zoning Commission or City Council.

DISPLAY LIGHTING: See lighting, display.

DNL: Day-Night Average A-Weighted Sound Level; considers noise at night louder than the same noise during working hours.

DOMESTIC PET: An animal kept for enjoyment and companionship that is housed primarily inside a dwelling.

DRIVE-UP WINDOW: Any portion of a structure or structure from which business is transacted, or is capable of being transacted, directly with customers located in a motor vehicle.

DRIVE-UP WINDOW SERVICE: An establishment providing a drive-up window as herein defined. The term drive-up window service shall include, but not be limited to, providing food or beverage service, bank service, and/or film processing. The term drive-up window service shall not include gasoline or diesel fuel sales facility or car wash as herein defined.

DRUG AND ALCOHOL TREATMENT FACILITY: An establishment, or portion thereof, that:

1. provides permanent provisions for living, sleeping, eating, cooking, and sanitation and
2. provides a treatment program for adult patients (18 years and older) with a drug and/or alcohol use problem. This definition shall include a detoxification facility, inpatient facility, residential facility, clinic, and outpatient facility as they relate to drug and alcohol treatment.

DRY MANURE: See manure, dry.

DUPLEX: See Dwelling, Single Family Attached (Duplex).

DWELLING, IMMEDIATE FAMILY: A single dwelling, with or without cooking facilities, within the same building as the main dwelling unit, designed exclusively for use by one or two immediate family members and their spouses and dependents. Immediate family includes, by blood or marriage: father, mother, grandfather, grandmother, son, daughter, step-children, grandson, granddaughter, brother, and sister of the occupying property owner of record. Twenty four hour access from the main unit to the immediately family dwelling unit, within the structure, must be accessible at all times.

DWELLING OR DWELLING UNIT: Any structure, or portion thereof, providing independent living facilities for one family as herein defined, including provisions for living, sleeping, eating, cooking, and sanitation.

DWELLING, MOBILE HOME: Any structure, transportable in one or more sections, which is built on a chassis and designed to be used with or without a permanent foundation as a dwelling when connected to the required utilities, and includes the plumbing, heating, air-conditioning, and electrical systems contained in the structure. A mobile home shall not include manufactured homes.

DWELLING, MULTI-FAMILY: A structure containing three (3) or four (4) single family dwelling units attached by common walls within a single structure with yard space on each side, where all such units are located on the same lot.

DWELLING, SECONDARY ATTACHED: A dwelling unit for one (1) family that shares a common wall or walls with the principal dwelling, has a separate outside entrance from the principal dwelling. The secondary unit may have separately metered (utilities). For the duration of time that either the primary residence or the attached accessory dwelling unit is being rented, the dwelling not being rented must be occupied by the owner of the property. Proof of occupancy must be provided to city annually. The city may also require proof of occupancy at any point in time. Any exception to the owner occupancy requirement must be approved by the Planning Commission. In the event of violation of this requirement, a fine may be issued and/or the property owner charged with a misdemeanor. All applicants applying for an ADU permit shall sign an agreement acknowledging and agreeing to this ordinance. If at some point in time the property is sold, the new owner will be required to sign an agreement with the city acknowledging and agreeing to this ordinance.

DWELLING, SECONDARY DETACHED: A dwelling unit for one (1) family that shares a lot or parcel with the principal dwelling, is a minimum of 400 square feet and a maximum of 960 square feet of living area, exclusive garage, covered porch, or patio. The secondary unit may have separately metered (utilities), must contain a kitchen and bathroom facilities. The secondary unit must meet the minimum setback from property lines as identified for a dwelling. A single family detached ADU must not have any part of the unit extend beyond the furthest rear corner of the primary residential structure. For the duration of time that either the primary residence or the detached accessory dwelling unit is being rented, the dwelling not being rented must be occupied by the owner of the property. Proof of occupancy must be provided to the city annually. The city may also require proof of occupancy at any point in time. Any exception to the owner occupancy requirement must be approved by the Planning Commission. In the event of a violation of this requirement, a fine may be issued and/or the property owner charged with a misdemeanor. All applicants applying for an ADU permit shall sign an agreement acknowledging and agreeing to this ordinance. If at some point in time the property is sold, the new owner will be required to sign an agreement with the city acknowledging and agreeing to this ordinance.

DWELLING, SINGLE FAMILY ATTACHED (DUPLEX): A structure containing two (2) single-family dwelling units attached by a common wall or walls, where each unit has its own direct access to the outside, no unit is located over another, and both units are located on the same property with yard space on all four (4) sides of the structure. Each unit has individual and separate utilities including heating, plumbing, air-conditioning, and electricity.

DWELLING, SINGLE FAMILY ATTACHED (TWIN HOMES): A structure containing two (2) single-family dwelling units attached by a common wall or walls, where each unit has its own direct access to the outside, no unit is located over another, and each unit is located on a separately recorded lot with yard space on at least three (3) sides of the individual units. Each unit has individual and separate utilities including heating, plumbing, air conditioning, and electricity.

DWELLING, SINGLE FAMILY DETACHED: A detached building designed for and used exclusively as a residence for one (1) family.

DWELLING, TOWNHOUSE: A structure containing three (3) or four (4) single-family dwelling units attached by common walls where each unit extends from the foundation to the roof and with yard space on four (4) sides of the structure. Each unit is located on a separately recorded lot, with all common areas and/or yard space owned and maintained by the development's Home Owners Association.

EASEMENT: A right of use, falling short of ownership, and usually for a certain stated purpose.

ELECTRIC DISTRIBUTION LINE: Those lines carrying between 7 kV and 35 kV of electricity directly to customers.

ELECTRIC SUB-TRANSMISSION LINE: All lines 46 kV, 69 kV, and 138 kV carrying electricity between two substations.

ELECTRIC TRANSMISSION LINE: Those lines carrying from 230 kV to 500 kV of electricity from a power generation site to a substation.

ELECTRONIC MESSAGE BOARD: A freestanding sign on which changeable copy is provided by a digital readout.

EMPLOYEE: A person employed on the premises by the property owner and receiving not less than 75 percent of the employee’s annual income from said property owners. ESTABLISHMENT: A place of business or residence with its furnishings and staff.

FAMILY:

1. A person living alone or 2 or more persons related by blood or marriage.
2. A group of not more than 10 persons who need not be related by blood or marriage living together in a dwelling unit.
3. Eight or fewer unrelated mentally and/or physically handicapped or elderly persons residing in a dwelling under staff supervision, provided that no more than 2 staff members reside in the dwelling at any one time. (Resident staff shall not be counted toward the “8 or fewer” criterion.)

FAMILY MEMBER: See member of the owner’s immediate family.

FARM: A property in agricultural use that is 5 acres in size or greater.

FARMWORKER HOUSING COMPLEX: A complex of dwellings established for the purpose of providing housing for migrant laborers of seasonal agricultural operations, such as harvesting of agricultural crops.

FEDERALLY REGULATED CAFO: A confined animal feeding operation regulated by the Environmental Protection Agency for compliance with Section 502(14) of the Clean Water Act and the National Pollutant Discharge Elimination System.

FINAL PLAT: See plat, final.

FIRE AUTHORITY: The chief officer or an authorized representative of the fire department serving the jurisdiction.

FLAG: Any fabric, banner, or bunting containing distinctive colors, patterns, or symbols, used as a symbol of a government, political subdivision, or other entity.

FLAMMABLE SUBSTANCE STORAGE: An establishment, or portion thereof, wherein combustible substances (as defined by the Uniform Fire Code) are stored.

FOOTPRINT: Area of the ground covered by a structure, including the foundation and all areas enclosed by exterior walls and/or footings.

FOSTER HOME, GROUP: An establishment, or portion thereof, that:

1. provides permanent provisions for living, sleeping, eating, cooking, and sanitation, and
2. provides foster care for 7 to 13 children under the age of 18.

FREIGHT OR TRUCK TERMINAL: An establishment or area where freight (brought by truck or rail) is transferred. The terminal facility may include storage or repair areas for trucks or rail cars. The term freight or truck terminal shall not include a structure or area used for permanent or long-term storage of freight.

FRONT PROPERTY LINE: See property line, front.

FRONT YARD: See yard, front.

FRONTAGE: A property line along a roadway.

FRONTAGE STREET: See street, frontage.

FUEL CELL: A device that continuously changes the chemical energy of a fuel (as hydrogen) and an oxidant directly into electrical energy.

FULL CUT-OFF SHIELD: In its installed position, a light fixture with a full cut-off shield will not allow any direct light above a horizontal plane and no more than 5 percent of the total light output may come from the zone from 15 degrees below the horizontal to the horizontal plane.

GASOLINE OR DIESEL FUEL SALES FACILITY: An establishment that sells and supplies motor fuel, lubricating oils, and/or grease to on-premise trade.

GLARE: Light emitted from a fixture with intensity great enough to visual discomfort, eye fatigue, reduction in a viewer’s ability to see and, in extreme cases, momentary blindness.

GRADE:

1. The degree of inclination of a slope, roadway, or other surface.
2. A slope or gradual inclination.
3. Top of ground upon completion of grading and landscaping.

GRADE, ADJACENT STREET: The grade at the top of the curb or the pavement edge where no curb exists.

GRAIN ELEVATOR: A structure equipped with mechanical lifting devices used for storing grain.

GRANDFATHER RIGHTS: See HCC 10-1B, “Nonconforming Property, Use, or Structure.

GREENHOUSE: Structures whose roof and sides are made largely of transparent or translucent material and in which the temperature and humidity can be regulated for the cultivation of plants.

GROSS FLOOR AREA: The measure of total square footage of habitable space of a structure.

GROUP DAY CARE HOME: See day care home, group.

GROUP FOSTER HOME: See foster home, group.

HABITABLE SPACE: Space in a structure for living, sleeping, eating, or cooking. Bathrooms, toilet compartments, closets, halls, storage or utility space, and similar areas, are not considered habitable space.

HALFWAY HOUSE: An establishment that provides housing for persons convicted of non-violent crimes that are in the later stages of serving a sentence and are being transitioned back into society.

HEALTH AUTHORITY: The Utah Department of Environmental Quality, the United States Environmental Protection Agency, and any agency as may succeed to any of their powers. The term health authority shall be liberally construed to include all of the adopted, approved or certified plans, rules, regulations, statutes or laws of the health authority.

HEAVY EQUIPMENT: The term heavy equipment shall include, but not be limited to, truck, trailer, farm machinery, construction equipment and/or motor freight.

HEAVY INDUSTRY: See industry, heavy.

HIGH DENSITY RESIDENTIAL (PATIO) ZONE: Provide opportunities for higher density residential development where the predominant character of the land use is patio homes and limited numbers of attached single family, duplex and fourplexes. The High Density Residential (Patio) Zone has a base density of Six (6) dwelling units per acre. HIGHWAY: A street so designated as a State or Federal highway by the State or Federal agency responsible thereof.

HOBBY KENNEL: See kennel, hobby.

HOME OCCUPATION: An occupation, profession, activity, or use that is clearly an incidental and secondary use of a residential dwelling unit and that does not alter the exterior of the property or affect the rural or residential character of the neighborhood.

HOSPITAL: A medical institution licensed by the State.

HOTEL OR MOTEL: An establishment that provides lodging to the public for a fee as, excluding boarding houses and bed and breakfast establishments as herein defined.

ILLUMINATED, DIRECT: A light fixture that directs and concentrates light on a sign.

ILLUMINATED, INTERNAL: A light source for a sign that is contained within the sign and is visible only through a translucent surface or recessed into the sign structure.

ILLUMINATED, NEON: A source of diffused light from a tube filled with neon, helium, argon, krypton, and/or xenon.

ILLUMINATION, EXPOSED LAMP: A source of light visible from the street where the lamp does not produce diffused light or where such lamp is not completely covered by a translucent and/or opaque shield.

IMPERVIOUS SURFACE: Any material, on a commercial or industrial property or a residential property that substantially reduces or prevents the infiltration of water into the ground. It includes surfaces such as compacted sand, shale, lime rack, or clay, as well as most conventionally surfaced streets, roofs, sidewalks, parking lots, driveways, and other similar structures.

IMPROVEMENT: The term improvement shall include, but not be limited to, roadway paving, curb, gutter, sidewalk, pedestrian pathway, bike path, water line, sewer line, drainage work, bus turnout, street light, and/or landscaping.

INDUSTRIAL: Refers to the manufacture, processing, fabrication, and testing of goods and materials, including the production of power. It does not refer to the growing of agricultural crops, the raising of livestock, or the extraction or severance of raw materials.

INDUSTRY, HEAVY:

1. A use engaged in the basic processing and manufacturing of materials or products, predominately from extracted or raw materials.
2. A use engaged in storage or manufacturing processes using flammable or explosive materials.
3. Storage or manufacturing processes that potentially involve hazardous or commonly recognized offensive conditions.

INDUSTRY, LIGHT: A use engaged in the manufacture, processing, fabrication, assembly, treatment, and/or packaging of finished products or parts, predominantly from previously prepared materials.

INOPERABLE VEHICLE: See vehicle, inoperable.

JUNK: Discarded, used, or secondhand materials, including but not limited to, used machinery, scrap copper, brass, iron, steel, other ferrous and non-ferrous metals, tools, appliances, implements, vehicles or portions thereof, furniture, beds and bedding, rags, glass, plastic, cordage, rubber, building materials (excluding lumber), or other waste that has been abandoned from its original use and may be used again in its present or in a new form.

JUNKYARD: An establishment where junk is bought, sold, exchanged, stored, kept, processed, or handled.

KENNEL, COMMERCIAL: Any premises or portion thereof on which 4 or more dogs and/or 9 or more cats are maintained, harbored, possessed, trained, bred, boarded, or cared for in return for compensation, but not including an animal clinic, animal hospital, or veterinary office. If located in a residential zone, the owner’s property must include at least three acres and there shall be no more that 10 animals for each acre of property.

Commercial Kennels will be allowed as a conditional use in R-1 zones.

KENNEL, HOBBY: A facility located at the private dwelling of the dog owner, where 4 to 10 of the owner’s dogs are maintained for purposes of breeding, hunting, organized field trials, obedience or training, competition, security or for personal enjoyment.

LABORATORY: Facilities for biological, serological, biophysical, cytological, and pathological tests, and facilities for the chemical or other examination of materials from water, air or other substances.

LANDOWNERS' COMPACT: A voluntary agreement among two or more adjoining landowners to plan and develop their separate but contiguous landholdings in an integrated, comprehensive manner.

LAGOON: An earthen structure designed to treat liquid manure or human waste for treatment through biodegradation by bacteria.

LAUNDROMAT:

1. An establishment that provides washing, drying, and/or ironing machines for hire, and/or
2. an establishment that provides washing, drying and/or ironing services to retail customers.

LIGHT FIXTURE: A complete lighting unit consisting of a light source (lamp) and all necessary mechanical, electrical, and decorative parts.

LIGHT FIXTURE, INSTALLED: The attachment, or assembly fixed in place, whether or not connected to a power source, of any outdoor light fixture.

LIGHT FIXTURE, OUTDOOR: Outdoor electrically powered illuminating device, outdoor lighting or reflective surface, lamp and similar device, permanently installed or portable, used for illumination or advertisement. Such device shall include, but is not limited to, search, spot, and flood lights for buildings and structures; recreational areas; parking lot lighting; landscape lighting; billboards and other signs (advertising or other); street lighting; product display area lighting; building overhangs and open canopies.

LIGHT INDUSTRY: See industry, light.

LIGHT TRESPASS: The extension of a light fixture’s effective zone of light (as defined by a photometric test report) beyond the boundaries of the property on which it is located.

LIGHTING, DISPLAY: The Illuminating Engineering Society of North America (IESNA) recommended practices and American National Standards Institute (ANSI) standard lighting levels for display lighting.

LIGHTING, SECURITY: The IESNA recommended practices and ANSI standard lighting levels for security lighting.

LIGHTING, TEMPORARY: Exterior light fixtures that are intended for use for a period of less than 7 days, with at least 180 days passing before being used again. LIQUID MANURE: See manure, liquid.

LIVESTOCK: Poultry or other birds, horses, cattle, dairy cattle, swine, sheep, llamas, goats, or other grazing animals, excluding any such animal kept as a domestic pet as herein defined.

LIVESTOCK CONFINEMENT FACILITY: Establishments where animals have been, are, or will be stabled, confined, gathered, or concentrated and fed or maintained (watered, cleaned, groomed, medicated, etc.) for a total of 45 days or more in any 12-month period. The days do not have to be consecutive.

LODGE: See club or lodge.

LOT: A portion of a subdivision intended as a unit for transfer of ownership and development.

LUMEN: A unit of luminous flux. One foot-candle is one lumen per square foot. For the purposes of these regulations, the lumen-output values shall be the initial lumen output ratings of a light fixture.

MANUFACTURED HOME: A 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 in traveling mode, is eight body feet or more in width or 40 body feet or more in length, or when erected at the site, is 400 or more square feet, and which 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, and includes the plumbing, heating, air-conditioning, and electrical systems.

MANUFACTURED HOME PARK: A residential development developed exclusively for siting manufactured homes on individual spaces that are rented or leased.

MANUFACTURED HOME SUBDIVISION: A residential subdivision developed exclusively for siting manufactured homes on individual lots under individual ownership.

MANUFACTURING: Manufacturing shall include the processing, packaging, or assembly of products and incidental storage, sales, and distribution of such products, but excluding those uses defined as heavy industry.

MANURE STORAGE: An area or structure in which dry manure is stored or a structure, pond, or tank in which liquid manure is stored but not treated.

MANURE, DRY: Animal or poultry excreta that may also contain bedding, spilled feed, or soil.

MANURE, LIQUID: Manure and any associated wastewater, including but not limited to: 1) any excess water generated from the process and any precipitation (rain or snow) that comes into contact with any manure, litter or bedding, or any other material or product used in, or resulting from, animal or poultry production or direct products (e.g., milk, eggs); and 2) any water used (directly or indirectly) in AFOs for any or all of the following: animal or poultry watering system spillage or overflow; washing, cleaning, or flushing pens, barns, manure pits or other facilities; direct contact swimming, animal washing or spray cooling; and/or dust control.

MEAT PACKING FACILITY: An establishment maintained for canning, curing, smoking, salting, packing, freezing, storing, or other similar uses in which meat products are processed for commercial sale.

MEDICAL CLINIC: See clinic, medical.

MEMBER OF THE OWNER’S IMMEDIATE FAMILY: Any one of the following: a birth or adoptive parent, stepparent, grandparent, children, grandchildren, sibling, aunt, uncle, niece, nephew, or person under the owner’s legal guardianship.

MINE: See pit, mine, or quarry.

MOTEL: See hotel or motel.

MULTI-FAMILY DWELLING: See dwelling, multi-family.

NATURAL WATERWAY: For the purposes of this title, natural water shall be defined as the Hooper Slough, the Howard Slough and the South Fork of the Weber River.

NEIGHBORING PROPERTIES: Abutting properties and any properties separated from the subject property solely by a roadway or dedicated easement.

NIGHTCLUB: An establishment that provides live or recorded music and a dance area for patrons inside a structure. A nightclub may or may not serve alcohol. The term nightclub shall not include dance studios as herein defined.

NONCONFORMING PROPERTY:

1. A property that lawfully existed prior to the effective date of this Title, but that does not now conform to the dimensional standards for the zone in which it is located.
2. A property given amnesty under the regulations of HCC 10-1B-2 paragraph B.

NONCONFORMING SIGN: A sign, sign structure, or use of a sign lawfully existing prior the effective date of this Title but that does not now conform to the dimensional standards for the zone in which it is located.

NONCONFORMING STRUCTURE: A structure, including agricultural structures, that was lawfully constructed and/or existing prior to the effective date of this Title, but that does not conform to the dimensional standards for the zone in which it is located.

NONCONFORMING USE: A use that lawfully existed prior to the effective date of this Title, but that does not now conform to the allowed uses for the zone in which it is located.

NURSERY, RETAIL: Any grounds, structures, greenhouses, or premises in which garden, farm, landscaping, or florist’s stock is propagated, grown, stored, or packed for commercial sale, and where the general public may purchase goods in small quantities.

NURSERY, WHOLESALE: Any grounds, structures, greenhouses, or premises in which garden, farm, landscaping, or florist’s stock is propagated, grown, stored, or packed for commercial sale, and where the owner/operator sells the goods in large quantities to a limited number of buyers.

NURSING FACILITY, SKILLED: An establishment that provides permanent provisions for living, sleeping, eating, cooking, and sanitation and that provides health care needs to more than 8 individuals who, at a minimum, require:

1. inpatient care and services for 24 or more consecutive hours for unstable chronic health problems,
2. daily professional nursing supervision and licensed nursing care on a 24-hour basis, and
3. restorative, rehabilitative care and assistance in meeting daily living needs. Medical supervision may be necessary on a regular, but not daily, basis. A skilled nursing facility shall include, but not be limited to: nursing home, nursing facility, convalescent home, intermediate care, and sub-acute care.

OFF-STREET PARKING FACILITY: An enclosed structure (other than a private garage) or open, hard-surfaced area (other than a public street or private road), designed, arranged, and made available for parking vehicles, where such use is operated as a business enterprise with a service charge or fee being paid by the vehicle operator. Off-street parking facility shall include, but not be limited to, a commercial parking lot and public garage. OUTDOOR STORAGE OF MATERIALS: Material (including, but not limited to, goods, wares, merchandise, or vehicles) that is kept in the same place for more than 24 hours in an open area. The term outdoor storage shall include material that is kept under a pole barn structure or any structure that is less than fully enclosed.

OWNER: A person, as herein defined, having sufficient proprietary interest in the land to maintain proceedings under this Title.

PARCEL: A tract of unplatted land (or contiguous land, if applicable), in single ownership, considered a unit for purposes of development.

PARCEL OF RECORD: A parcel of land that was of record in the Weber County Recorder’s office prior to the effective date of this title.

PENNANT: Any lightweight plastic, fabric, or other material, whether or not containing a message of any kind, suspended from a rope, wire, or string, usually in series, designed to move in the wind.

PERMITTED USE: A use allowed in a designated base or overlay zone.

PERSON: Includes, but is not limited to, an individual, associations, joint ventures, partnerships estates, trusts, business trusts, syndicates, fiduciaries, corporations, and all other or any other similar entity.

PIT, MINE, OR QUARRY: The various activities associated with excavating valuable minerals from the ground, including, but not limited to, excavating a pit, removing the resource, processing the resource, disposing of unwanted material, and building a roadway to accommodate hauling trucks.

PLAT, FINAL: The drawing, map or plan of a subdivision, cemetery, or other tract of land, or a replatting of such, including certifications, descriptions, and approvals and containing those elements and requirements set forth in HCC 10-6.

PLAT, PRELIMINARY: A development plan of a subdivision, containing the elements and requirements set forth in HCC 10-6. A preliminary plat is a final document and is not considered to be of a preliminary nature and is used as a guide for the preparation of the final plat.

POWER PLANT:

1. An electricity generating facility regulated by the Federal Energy Regulatory Commission including, but not limited to, fossil fuel, geothermal, hydroelectric, biomass, and wind energy conversion facilities; or
2. A Qualifying Facility as set forth in 18 CFR Part 131.80.

PREDEVELOPMENT ACTIVITY: A public hearing concerning or consideration by the Planning Commission or the City Council of:

1. A proposed change in zoning designation;
2. A preliminary or final plat describing a multi-unit residential development or a commercial or industrial development; or
3. A proposed modification of the city’s general plan whereby the vehicular capacity of a municipal road is proposed to be increased.

PRELIMINARY PLAT: See plat, preliminary.

PRINCIPAL STRUCTURE: For any given property, the structure in which the principal use is conducted.

PROHIBITED USE: Any use within a zone not listed as a principal permitted, accessory, or conditional use in this Title.

PROPERTY: A lot or parcel as herein defined.

PROPERTY BOUNDARY ADJUSTMENT: The division for conveyance of a lot or parcel for the purpose of adjusting the boundary between properties where:

1. the dimensions of the properties are not reduced below the minimum dimensional standards for the applicable zone,
2. there is no increase in the original number of properties; and,
3. no easements, public streets, private roads or publicly dedicated areas are affected. A property boundary adjustment shall not move or affect the location of any platted lot line. The process for Property Boundary Adjustments is further outlined in HCC 10-4.

PROPERTY DEPTH: The horizontal distance that connects the front property line and the rear property line as measured perpendicular to any point along the front property line.

PROPERTY LINE, FRONT: The line separating the lot or parcel from the street on which it takes access.

PROPERTY LINE, REAR: The property line opposite and most distant from the front property line. Where the lot or parcel is irregular and the property lines converge, the rear property line shall be deemed to be a line at a point where the side property lines are not less than 10 feet apart.

PROPERTY LINE, SIDE: Any property lines other than a front or rear property line. A side property line separating a lot or parcel from a street is called a side street property line. A side property line separating a lot or parcel from another lot or parcel is called an interior side property line.

PROPERTY LINES: Lot lines or parcel boundaries.

PROPERTY OF RECORD: A property of record in the Weber County Recorder’s Office as of the effective date of this title.

PROPERTY SIZE: The computed horizontal area contained within the property lines.

PROPERTY WIDTH: The horizontal distance that connects opposing side property lines as measured perpendicular to any point along the side property lines.

PROPERTY, CORNER: A lot or parcel abutting upon 2 or more streets at their intersection or upon 2 parts of the same street, such streets or parts of the same street forming an interior angle of less than 135°. The point of intersection of the street lines is the “corner.”

PROPERTY, THROUGH: A lot or parcel other than a corner property having frontage on 2 parallel or approximately parallel streets.

PUBLIC AMENITY: The term public amenity shall include, but not be limited to, the following: school site, bike path, transit facility, park site, park and ride lot, and public safety facility such as police, fire, or emergency medical facilities.

PUBLIC BUILDING: The term public building shall include but not be limited to:

1. fire station;
2. law enforcement;
3. library;
4. post office;
5. public administration building (exclusive of shop, garage);
6. hospital, skilled nursing facility, or residential care facility;
7. emergency medical service facility;
8. halfway house and work release facility; and
9. juvenile detention facility.

PUBLIC HEARING: A hearing where the public is invited to speak and notice is given as provided for in HCC 10-5A-4.

PUBLIC INFRASTRUCTURE FACILITY: The term public infrastructure facility shall include, but not limited to:

1. pumping station for water, sewer, or gas;
2. power substation, electric substation, grid switching site, electric transmission line, electric sub-transmission line, electric distribution line, or any major structure connected to a public utility;
3. municipal wastewater collection and treatment facility or interim wastewater treatment system;
4. utility shop, garage, or storage facility;
5. park-and-ride lot;
6. water reservoir and water tank; and
7. storm drainage facility and storm detention facility.

PUBLIC MEETING: A meeting of a governmental entity that is open to the public as set out in Utah Code § 52-4.

PUBLIC OR QUASI-PUBLIC USE: Public or quasi-public uses shall include, but not be limited to, public buildings and/or public infrastructure facilities.

PUBLIC RIGHT-OF-WAY: A right-of-way open to the public and subject to the jurisdiction of a public highway agency, where the public highway agency has no obligation to construct or maintain said right-of-way for vehicular traffic.

PUBLIC STREET: See street, public.

PUBLIC UTILITY: Facilities owned and operated by a public utility. QUALIFYING PROPERTY: A lot or parcel that is the subject of a proposed development application and that meets the applicability requirements as set forth in this Title.

QUARRY: See pit, mine, or quarry.

RACE TRACK: A structure, or portion thereof, used for racing vehicles or animals for recreation or profit and that may include accessory uses and structures normally associated with this activity.

REAR PROPERTY LINE: See property line, rear.

REAR YARD: See yard, rear.

REASONABLY AVAILABLE: A municipal wastewater collection and treatment system shall be considered reasonably available when it is within 300 feet of any property line of the subject property.

RECREATION FACILITY: See amusement or recreation facility.

RECREATION ITEM, PERSONAL: The term personal recreation item shall include, but not be limited to, bus, boat, snowmobile, horse trailer, and all terrain vehicle.

RECREATIONAL VEHICLE: A portable structure primarily designed as temporary living accommodation for recreational, camping, and travel use.

RECREATIONAL VEHICLE PARK: A premise upon which 2 or more parking sites are located, established, or maintained for occupancy by recreational vehicles for temporary use for recreation or vacation purposes.

RECREATIONAL VEHICLE SALES OR SERVICE: The sale, trade, or lease of new or used recreational vehicles or personal recreation items in operating condition and any repair work or minor service. Repair work or minor service shall include, but not be limited to, replacement of parts (e.g., tires, shocks, brakes, mufflers, windshields, radiators, upholstery), oil change, minor engine repair, tune up, and accessory sales of replacement parts. Any operation specified under automobile, major repair is excluded.

RECYCLING CENTER: An establishment that is not a junkyard and in which recoverable resource materials, such as paper products, glassware, and metal cans, are collected, sorted, flattened, crushed, or bundled within a completely enclosed structure prior to shipment to others who use such resource materials to manufacture new products.

RECYCLING PLANT: An establishment that is not a junkyard and in which recoverable resource materials, such as paper products, glassware, and metal cans, are recycled, reprocessed, and treated to return such products to a condition in which they may be reused for production.

REQUIRED YARD: See yard, required.

RESEARCH AND DEVELOPMENT FACILITY: An establishment that has facilities or laboratories for scientific research, investigation, testing, or experimentation, but not facilities for the manufacture or sale of products, except as incidental to the main purpose of the facility.

RESIDENTIAL CARE FACILITY: An establishment that provides permanent provisions for living, sleeping, eating, cooking, and sanitation and that provides 24-hour non-medical care for more than 8 individuals that are 18 years or older who need personal care or assistance and supervision. A residential care facility shall include, but not be limited to: assisted living facility, retirement home, and respite care.

RESTAURANT: Any eating establishment having kitchen and cooking facilities for the preparation of food and where meals are regularly served to the public for compensation.

RIGHT-OF-WAY: See public right-of-way.

ROADSIDE PRODUCE STAND: An establishment where farm produce is displayed and sold to the general public.

ROADWAY: Any public street.

SANITARY LANDFILL: A disposal site employing an engineering method of disposing of solid wastes in a manner that minimizes environmental and health hazards by spreading, compacting, and covering the solid wastes.

SCHOOL, PUBLIC OR PRIVATE: An institution of learning that offers academic instruction in the courses that are required by the State of Utah to be taught in public schools. “School” includes kindergarten, elementary, middle, junior high, and senior high. Privately funded schools whose curriculum meets the State of Utah standards shall be included in this definition.

SCHOOL, VOCATIONAL OR TRADE: A proprietary school.

SEASONAL STANDS: The term seasonal stand shall include, but not be limited to, fireworks, snow cone, produce, or Christmas tree stands.

SECURITY LIGHTING: See lighting, security.

SETBACK: The minimum required distance between the property line and the nearest structure.

SHOOTING RANGE: An establishment, indoor or outdoor, that allows for the safe practice of shooting firearms and that may include accessory uses and structures normally associated with this activity.

SIDE PROPERTY LINE: See property line, side.

SIDE YARD: See yard, side.

SIGN: Any sign copy, logo, or other representation that directly, or indirectly, names, advertises, or calls attention to a business, product, service, or other commercial, industrial, or public activity.

SIGN BACKGROUND AREA: The area of the sign copy and any remaining area capable of containing copy, but not including the supporting structure.

SIGN COPY: The graphic content of a sign in either permanent or removable letter, pictographic, symbolic, or alphabetic form.

SIGN, ANIMATED: Any sign that uses movement or change of lighting to depict action or to create a special effect.

SIGN, BANNER: Any sign of lightweight fabric or similar material that is permanently mounted to a pole or a structure by a permanent frame at one or more edges. National flags, state or municipal flags, or the official flag of any institution or business shall not be considered banners.

SIGN, BUILDING: A sign attached to any part of a building, as contrasted to a freestanding sign.

SIGN, CANOPY: Any sign that is a part of, or attached to, an awning, canopy, or other fabric, plastic, or structural protective cover over a door, entrance, window, or outdoor service area. A marquee is not a canopy.

SIGN, CHANGEABLE COPY: A sign, or portion thereof, with characters, letters, or illustrations that can be changed or rearranged without altering the face or the surface of the sign. A sign on which the message changes more than eight times per day shall be considered an animated sign and not a changeable copy sign for purposes of this ordinance. A sign on which the only copy that changes is an electronic or mechanical indication of time or temperature shall be considered a “time and temperature” portion of a sign and not a changeable copy sign for purposes of this ordinance.

SIGN, FREESTANDING: A sign whose background or copy area is wholly supported by a column, pole, foundation, pedestal or other support structure in or upon the ground and that is independent from any structure or other structure.

SIGN, IDENTIFICATION: A sign that states the name and address of the business only.

SIGN, INCIDENTAL: A sign, generally informational, that has a purpose secondary to the use of the property on which it is located, such as “no parking,“ “no smoking,” “entrance,” “loading only,” “telephone,” and other similar directives. No sign with a commercial message legible from a position off the property on which the sign is located shall be considered incidental.

SIGN, INTERNAL: Signs within structures that are not intended as window or wall signs. The text of the sign is oriented toward individuals within the structure.

SIGN, MARQUEE: Any sign attached to, in any manner, or made a part of any permanent roof-like structure projecting beyond a structure or extending along and projecting beyond the wall of the structure, generally designed and constructed to provide protection from the weather. A canopy sign is not a marquee sign.

SIGN, PARAPET: Any sign attached parallel to, but within 1 foot of, a parapet, painted on the parapet surface of, or erected and confined on a parapet of any structure, which is supported by such parapet or structure, and which displays only one sign surface.

SIGN, PORTABLE: Any sign not permanently attached to the ground or other permanent structure, or a sign designed to be transported including, but not limited to, signs designed to be transported by means of wheels; signs converted to A- or T-frames; menu and sandwich City Council signs; balloons used as signs; umbrellas used for advertising; and signs attached to or painted on vehicles parked and visible from the public right-of-way, unless said vehicle is used in the normal day-to-day operations of the business.

SIGN, PROJECTING: Any sign affixed to a structure or wall in such a manner that its leading edge extends more than 1 foot beyond the surface of such structure or wall.

SIGN, ROOF: Any sign erected and constructed wholly on and over the roof of a structure, supported by the roof structure, and extending vertically above the highest portion of the roof. Parapet signs, as herein defined, shall not be deemed roof signs.

SIGN, SUSPENDED: A sign that is suspended from the underside of a horizontal plane surface and supported by such surface.

SIGN, TEMPORARY: Any sign that is designed and intended for use less than 12 months and that is not permanently mounted.

SIGN, WALL: Any sign attached parallel to, but within 1 foot of, a wall, painted on the wall surface of, or erected and confined within the limits of an outside wall of any structure, which is supported by such wall or structure, and which displays only one sign surface.

SIGN, WINDOW: Any sign, picture, symbol, or combination thereof, designed to communicate information about an activity, business, commodity, event, sale, or service, which is placed inside a window or upon the windowpanes or glass and is visible from the exterior of the window.

SINGLE FAMILY ATTACHED DWELLING: See dwelling, single family attached (duplex) or single-family attached (twin homes).

SINGLE FAMILY DETACHED DWELLING: See dwelling, single family detached.

SLAUGHTERHOUSE: An establishment where animals are killed and rendered for commercial sale. A slaughterhouse may include a meat packing facility as an accessory use.

SOCIAL HALL: An establishment, or portion thereof, used for social gatherings including but not limited to, weddings, receptions, dinners, bazaars, banquets, and reunions.

SPECIAL EVENTS: Any temporary event including, but not limited to, picnics, barbecues, holiday events and parties, dances, concerts, bike rides and races, foot races and walks, auctions and sales, bazaars, sales or marketing events, and harvest festivals and events.

SPECIAL EXCEPTIONS: Exceptions to the zoning requirements that are specifically set out in this Title.

SPORT COURT: An impervious surface area designed for the use of sporting activities including, but not limited to, tennis, basketball, volleyball or other similar non-aquatic sports. A sports court does not include the use of a city approved driveway for sporting activities.

STATE: The State of Utah.

STORAGE FACILITY, SELF-SERVICE: A structure or group of structures with a controlled access and fenced compound that contains individual, compartmentalized, or controlled units that are leased or sold to store material (including, but not limited to, goods, wares, merchandise, or vehicles.)

STORY: That portion of a building, other than a cellar, included between the surface of any floor and the surface of the floor next above, except that the topmost story shall be that portion of a building included between the upper surface of the topmost floor and the ceiling or roof above. Any single-story structure, or portion thereof, that exceeds 24 feet in height shall be deemed a two-story structure.

STREET: A street, public road, thoroughfare, alley, highway or a right-of-way that may be open for public use but is not part of a public highway system nor subject to the jurisdiction of a public highway agency.

STREET FRONTAGE: The linear distance that a property line abuts a public street or approved private road providing access, from one property line intersecting said street to the furthest distant property line intersecting the same street.

STREET ISLAND: A lot and block in a subdivision located in the public street right-of-way. The street island shall be considered a non-buildable lot for development purposes.

STREET KNUCKLE: An extension of a minor street providing access to abutting properties where a street island separates the access roadway from through traffic.

STREET, ALLEY: A public or private means of secondary access to abutting property that is not for general traffic circulation or street frontage.

STREET, ARTERIAL: A street designated as an arterial by the Hooper City General Plan.

STREET, COLLECTOR: A street designated as a collector by the Hooper City General Plan.

STREET, CUL-DE-SAC: A dead-end street provided with a turn around at its terminus.

STREET, FRONTAGE: A minor street parallel to and adjacent to an arterial street providing access to abutting properties and protection from through traffic.

STREET, HALF: A portion of the width of a street, usually along the edge of a subdivision, where the remaining portion of the street could be provided in another subdivision.

STREET, HIGHWAY: See Highway.

STREET, INTERSTATE: See Interstate

STREET, LOCAL: A street used primarily for access to abutting properties.

STREET, PUBLIC: A street, public road, thoroughfare, alley, highway, or bridge subject to the jurisdiction of a public highway agency.

STRUCTURE: A structure shall be as defined by the Uniform Building Code and shall include the term building.

STUDIO: A structure, or portion thereof, used as a place of work and/or instruction by an artist or artisan. The term studio shall include, but not be limited to, art, music, gymnastic, dance, martial arts, photography, or video production studios and classrooms. This term studio, as used in this Title, shall not include a single room apartment or dwelling.

SUBDIVISION: Any land that is divided, re-subdivided or proposed to be divided into two 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. Subdivisions also include the division or development of land whether by deed, metes and bounds description, devise and testacy, lease, map, plat or other recorded instrument; and the division of land for all residential and nonresidential uses, including land used or to be used for commercial, agricultural, and industrial purposes.

SUBSTANTIAL AMOUNT OF WORK: A person receiving not less than 75 percent of their annual income from such work.

SUBSTANTIAL CONFORMANCE: A final plat shall be deemed to be in substantial conformance to a preliminary plat provided that the final plat represents no increase in the number of lots as approved for the preliminary plat or a 10 percent or less deviation of any dimensional standard shown on the preliminary plat, provided that the density and lot dimensions meet the standards of the zoning base.

SWALE: A shallow depression.

SWIMMING POOL: Any Structure intended for swimming or recreational bathing that contains water over 24 inches (610mm) deep, excluding a spa or hot tub equipped with a locking cover. This includes in-ground, above-ground, and on-ground swimming pools. TEMPORARY LIGHTING: See lighting, temporary.

THROUGH PROPERTY: See property, through.

TOWNHOUSE DWELLING: See dwelling, townhouse.

TRADE SCHOOL: See school, vocational or trade. TRANSIT FACILITY: The term transit facility shall include, but not be limited to, a bus or rail station.

TRANSMISSION LINE: See electric transmission line.

TRANSPORTATION AUTHORITY: Hooper City, the Utah Transportation Department, and any other agency that may succeed to their powers or establish public jurisdiction in the field of transportation. The term transportation authority shall be liberally construed to include all the adopted, approved, or certified plans, rules, regulations, statutes, or laws of the transportation authority.

TRAVELWAY: The improved surface required within a private road easement.

TRUCK STOP: A roadside service and fueling station that caters to Federal interstate truckers.

TRUCK TERMINAL: See freight or truck terminal.

UNDUE ADVERSE IMPACTS: Measurable increases in noise, light, odor, visual, or other measurable impacts that diminishes use or enjoyment of property or are detrimental to the public health, safety, and/or welfare.

UNPLATTED: A property that is not included in any subdivision of record in Hooper City.

UP-LIGHTING: Lighting that is directed in such a manner as to shine light rays above the horizontal plane.

URBAN SERVICES: Urban services shall include, but not be limited to:

1. community water system,
2. municipal or central wastewater collection and treatment system,
3. public safety services, such as urban fire protection, law enforcement, and emergency medical services,
4. schools,
5. urban standard streets and roadways,
6. parks and recreation facilities,
7. public transportation,
8. libraries,
9. storm drainage facilities,
10. utility facilities, and
11. urban irrigation systems.

USED: The term used shall include arranged, designed, constructed, altered, converted, rented, leased, or intended to be used.

VALUABLE MINERALS: A mineral substance that can be taken from the earth and that has a value in and of itself separate and apart from the earth and includes, but is not limited to, gravel, sand, clay, building stone, cinders, pumice, scoria, diatomaceous earth, quartz, limestone, marble, gold, silver, copper, lead, zinc, coal, and phosphate.

VARIANCE: A relief from development standards as allowed by this Title.

VEHICLE: Every device in, upon, or by which any person or property is or may be transported or drawn (e.g., travel trailers) upon a public highway, excepting devices moved by human power or used exclusively upon stationary rails or tracks.

VEHICLE, COMMERCIAL: Any currently licensed and operable motor vehicle with a gross vehicle weight rating over 26,000 pounds.

VEHICLE, INOPERABLE: A vehicle that cannot move under its own power or does not meet the minimum legal requirements necessary for the motor vehicle to be operated in a safe and lawful manner upon the roadways and highways in the State of Utah.

VETERINARY OFFICE: See animal clinic, animal hospital or veterinary office.

VISION TRIANGLE: See clear vision triangle.

VOCATIONAL SCHOOL: See school, vocational or trade.

WAREHOUSE: A structure used primarily for storing materials including, but not limited to, goods, wares, merchandise, or vehicles.

WASTEWATER COLLECTION AND TREATMENT FACILITY, MUNICIPAL: Facilities for the central collection and treatment of wastewater, provided and operated by a legally created special district or municipality, that:

1. provides for the transportation of sewage and the removal of polluting constituents for wastewater,
2. is designed to meet local, State, and Federal standards, and
3. complies with area-wide wastewater management plans.

WASTEWATER TREATMENT SYSTEM, INDIVIDUAL: An installation that collects and treats domestic wastewater from one property and uses, at a minimum, subsurface disposal of effluent and conforms to the rules, regulations, and adopted plans of the health authority.

WASTEWATER TREATMENT SYSTEM, INTERIM: An installation that

1. collects and treats domestic wastewater from a subdivision or conditional use and utilizes, at a minimum, subsurface disposal of effluent and
2. conforms to all applicable local, State, and Federal regulations pertaining to interim sewer systems including area-wide wastewater management plans.

WATER SYSTEM, COMMUNITY: A central water supply system, including reservoirs and delivery facilities, serving more than 2 dwellings and providing a water supply meeting local, State, and Federal water standards.

WATER SYSTEM, INDIVIDUAL: A domestic water system that serves up to 2 dwellings.

WATERCOURSE: A natural or manmade channel or conveyance system carrying water. Watercourses may include, but not be limited to, rivers, creeks, streams, lakes, reservoirs, irrigation ditches, laterals, drains, sloughs, and canals. An on-site irrigation distribution system or drainage ditch shall not be deemed a watercourse.

WELL HOUSE: A structure encasing a well used to provide domestic water.

WETLANDS: Those areas that are inundated or saturated by surface or groundwater at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil condition. Wetlands generally include swamps, marshes, bogs, and similar areas.

WORK: See substantial amount of work.

YARD, FRONT: An area extending across the full width of the property and lying between the front property line and the nearest line of a principal structure.

YARD, REAR: An area extending across the full width of the property and lying between the rear property line and the nearest line of the principal structure.

YARD, REQUIRED: An area that extends along a property line to a depth or width specified in the setback regulations for the zone in which the property is located.

YARD, SIDE: An area extending from the front building line to ten feet (10’) behind the rear building line of the main building or structure and between the side property line and the nearest principle structure.

YEAR-ROUND STREAM: Any stream that flows all year long during years of normal rainfall.

ZERO LOT LINE: The location of a structure on a lot in such a manner that one or more of the structure’s sides rests directly on a lot line.

The purpose of this Article is to allow any nonconforming property, use, or structure that was lawfully existing prior to the effective date of this Title to continue until they are removed, but not to encourage their continuation. It is further the intent of this Article that nonconforming uses shall not expand or extend the nonconforming aspect of the property, use, or structure.

1. These regulations shall apply to any lawfully existing nonconforming property, use, or structure in Hooper City, except: in the event that a property, use, or structure that was deemed nonconforming under past zoning regulations now complies with the standards of this Title, such property, use, or structure shall be deemed conforming.
2. These regulations shall apply to properties that were not created in accord with the regulations of this Title (an illegal division of property) and that were of record in the Weber County Recorder’s office prior to the effective date of this title, the boundaries of which shall not have changed except by governmental action as specified in HCC 10-4A-19.
   1. A property shall be deemed conforming and shall be eligible for building permits if it meets the dimensional standards for the base zone in which it is now located.
   2. A property shall be deemed non-conforming and shall be eligible for building permits if it meets one of the following standards:
      1. The property met the dimensional standards for the applicable base zone at the time it was created.
      2. A dwelling, as herein defined, was constructed or placed on a foundation prior to November 30, 2000 and still remains on the property.

1. The nonconforming property shall not be further diminished in size.
2. Any property reduced by governmental action that reduces an existing conforming parcel below the required property size shall be deemed as a conforming property for the purpose of development. To be deemed a conforming property, the owner or applicant shall submit documents to the Planning and Zoning Commission proving the following:
   1. The property was in compliance with the minimum property size requirement of the applicable zone prior to the decrease in property size; and
   2. The decrease in property size was caused by acquisition through prescription, purchase, or other means by Hooper City, Utah Department of Transportation, or other local, State, or Federal agency.

1. The nonconforming use may continue as long as the use remains lawful and is not expanded or extended.
2. For the purposes of this Article, the term expanded or extended shall include, but not be limited to: increased hours; increased services or programs; increased number of residential dwellings; interior renovations or structural additions that increase the occupant load of the structure dedicated to the nonconforming use; any new structures accessory to the nonconforming use; expansion or replacement of the structure (or portions thereof) dedicated to the nonconforming use; anything beyond regular maintenance and minor repairs; and any action that extends the duration of the nonconforming use.
3. If a nonconforming use has ceased for 12 consecutive months or has been replaced with a conforming use, the nonconforming use shall be deemed abandoned and shall not be reestablished.
4. A nonconforming use or a structure housing a nonconforming use that is damaged more than 50 percent of its current assessed taxable value by fire, flood, explosion, wind, earthquake, war, riot, calamity, or other catastrophic event, shall comply with this Title upon reconstruction. If the damage to the nonconforming use or structure housing the nonconforming use is 50 percent or less of the current assessed taxable value, the nonconforming use may continue, provided that the nonconforming use commences within 12 months of the event.
5. Uses housed within structures listed on the National Register of Historic Places shall be exempt from the regulations of this Section.

1. Nonconforming structures may be enlarged or modified, provided that the additions or modifications to the structure conform to the requirements of this Title.
2. A nonconforming structure that is damaged more than 75 percent of its current assessed taxable value by fire, flood, explosion, wind, earthquake, war, riot, calamity, or other catastrophic event, shall comply with this Title upon restoration or reconstruction. If the damage to the nonconforming structures is 75 percent or less of the current assessed taxable value, the structure may be restored or reconstructed, provided that restoration or reconstruction commences within 12 months of the event.
3. Structures listed on the National Register of Historic Places shall be exempt from the regulations of this Section.

Properties, uses, or structures that were in violation of previous land use regulations and that remain a violation under this Title shall be considered continuing violations.