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

(Ord. 03-5-1, 5-1-2003, eff. 6-1-2003)

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

(Ord. 03-5-1, 5-1-2003, eff. 6-1-2003)

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 as 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" means the matter described ought to be accomplished if reasonable and possible under the circumstances. The word "may" is 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, except for acres, 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, unless otherwise indicated.

I.

Delegation of authority. Whenever a provision appears requiring the City Manager, 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 City Manager, head of the department, or other officer to designate, delegate, and authorize professional level subordinates to perform the required act or duty unless the terms of the provision or section specify otherwise.

(Ord. 03-5-1, 5-1-2003, eff. 6-1-2003)

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 means 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 dwelling unit (ADU) means a subordinate residential dwelling unit that is being used to provide long-term or short-term housing of any person not qualifying as the property owner's family, as that term is defined in this section. Each subordinate residential dwelling unit meeting this definition shall constitute a separate ADU regardless of how the units are configured or accessed. Guesthouses and casitas shall be considered an ADU when used for long-term or short-term housing of any person not qualifying as the property owner's family. An ADU may be internal, attached, or detached from the primary dwelling. All ADUs must meet the requirements of chapter 41 of this title.

Accessory use. See definition of use, accessory.

Adjacent landowners means a property owner of record, according to the records of the county recorder, whose property abuts all or part of property proposed for development.

Affected entity means a county, municipality, independent special district under Utah Code Annotated title 17A, chapter 2, independent special districts, local district under Utah Code Annotated title 17B, chapter 2, local districts, school district, interlocal cooperation entity established under Utah Code Annotated title 11, chapter 13, Interlocal Cooperation Act, specified public utility, or the state 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 municipality a copy of the entity's general or long range plan; or

C.

The entity's boundaries or facilities are within one mile of land which is the subject of a general plan amendment or land use ordinance change.

Agricultural business means the conduct of agricultural activity involving the keeping, grazing and pasturing of domestic animals or growing and harvesting of crops 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. Intensive animal feeding operations are specifically excluded from this definition.

Agricultural industry means an industry or business involving agricultural products in packaging, treatment, sales, intensive feeding, or storage and the 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 packinghouses, commercial feed yards, fur farms, commercial milk production, food packaging or processing plants, and commercial poultry or egg production. Slaughterhouses are specifically excluded from this definition.

Agricultural sales and service means 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 means the tilling of soil, raising of crops, horticultural activities, gardening, keeping or grazing of domestic animals and noncommercial feed yards, but not including any agricultural business or industry.

Agritourism means an agriculturally related educational, entertainment, historical, cultural, or recreational activity, including you-pick operations or farm markets, that allows or invites members of the general public to observe, participate in, or enjoy that activity located on agricultural property that is regularly producing agricultural products for purchase or sale on at least 50 percent of the property.

Alley means a public thoroughfare less than 26 feet wide for the use of pedestrians and vehicles providing a secondary means of access to the rear of abutting properties.

Animal hospital means 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 specialties means 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 means the keeping of animals on a lot for exclusive use by persons residing thereon so long as the animals and fowl are not used for commercial purposes.

Apartment court means any building or group of buildings which contain dwelling units. See definition of dwelling, group.

Apartment house. See definition of dwelling, multiple-family.

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

Assisted living facility. See section 10-46-3 of this title.

Auditorium or stadium means 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 means any lot, land or area used for the storage, keeping, dismantling or salvaging of two or more unlicensed automobiles or parts thereof.

Bail bond service means 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 means 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.

Base density means the number of dwelling units allowed in a planned development calculated pursuant to the provisions of chapter 24 of this title.

Basement means that portion of a building that is partly or completely below grade plane. 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 above grade plane;

B.

More than six feet above the finished ground level for more than 50 percent of the total building perimeter; or

C.

More than 12 feet above the finished ground level at any point.

Berm means a mound of earth, generally two to six feet high, used to shield, screen, and buffer undesirable views and to separate land uses.

Billboard. See chapter 36 of this title.

Block means 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 means a building where not more than five guestrooms may be rented to no more than 15 guests on a nightly basis for compensation and meals are provided as part of the accommodation.

Buildable area means the area of a lot within front, rear and side yard setback lines where a main building may be constructed.

Building means 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 means 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 façade means any exterior wall of a building including windows, doors, and mansard, but not including a pitched roof.

Building, historic means any building listed in the National Register of Historic Places, the state register of historic sites, or the City historic landmarks register.

Building line, front means 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 means 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 means 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 means 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 herein shall be deemed a main building.

Building or structure height means the vertical distance from the grade plane to the average height of the highest roof surface.

Building, public means a building owned and operated or owned and intended to be operated by a public agency of the United States of America, or the State of Utah or any of its subdivisions.

Bus terminal means a building or premises for the transient housing or parking of commercial motor vehicles and for the pick up and discharge of fare paying intercity passengers. Accessory uses may include ticket offices, luggage checking facilities, and similar uses.

Business equipment rental and supplies means 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 means any or all of the following facilities that have a life expectancy of ten 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 means that plan required by Utah Code Annotated section 11-36-201 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 means an establishment primarily engaged in cleaning or detailing motor vehicles, whether self-service, automatic or by hand.

Carport means a covered automobile parking space with at least two sides open. For the purposes of this title a carport shall be subject to all of the regulations prescribed for a private garage.

Cemetery means land used or intended to be used for the burial of the dead, whether human or animal, including crematoriums and mausoleums.

Child care center means a facility providing child care in a non-residential setting on a regular schedule, as defined and licensed by the Utah Department of Health and Human Services. The number of children allowed will be determined by the facility's total square footage. The following are not classified as child care centers:

A.

Kindergartens, nursery schools, and 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.

Church or place of worship means 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 means Hurricane City, Utah, a municipal corporation.

City Engineer means a registered civil engineer so appointed or employed by the City.

Clear view area means areas at intersecting streets and driveways where unobstructed vision is maintained as required by this title. See subsection 10-37-9E of this title.

Clinic. See definition of medical service.

Club or service organization means 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 means 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 state alcoholic beverage control commission.

College or university means 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.

Conditional use. See definition of use, conditional.

Condominium means 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 means a real estate plan, project, or property where two 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 means a governmental action that results in a taking of private property so that compensation to the owner of the property is required by the Fifth or Fourteenth Amendment of the Constitution of the United States or article I, section 22 of the Utah Constitution.

Construction means the materials, architecture, assembly, and installation of a building or structure.

Construction sales and service means 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.

Convalescent care facility means 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 means an establishment, not exceeding 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 means 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 means a facility providing housing and care for individuals legally confined for violations of law.

Court means a space, open and unobstructed to the sky, located at or above grade level on a lot and bounded on three or more sides by walls of a building or group of buildings.

Culinary Water Authority means the department, agency, or public entity with responsibility to review and approve the feasibility of the culinary water system and sources for the subject property.

Cultural service means 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) means a unit of measure used to express intensity of noise.

Declaration means the legal instrument by which property is subjected to the provisions of the Utah Condominium Ownership Act.

Dedication means 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, base means the number of dwelling units per acre allowed in a planned development as determined pursuant to the yield plan method set forth in subsection 10-23-8B of this title.

Density bonus means the number of additional dwelling units per acre allowed in a planned development pursuant to subsection 10-23-8C of this title.

Density, gross means 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.

Density, net means the number of dwelling units per acre within a subdivision or other development, not including public streets and other public property.

Developable land means land under 30 percent slope which is capable of being improved, subject to the requirements of this Code.

Developer means the person, association or corporation developing or causing to be developed the property subject to the provisions of this title.

Development approval means any written authorization from the City that authorizes the commencement of development activity.

Development or development activity means 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. See section 10-46-3 of this title.

District. See definition of zone.

Duplex. See definition of dwelling, two-family.

Dwelling means 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, earth sheltered means an engineered dwelling unit located primarily underground for the purpose of energy conservation.

Dwelling, group means two or more dwellings which occupy the same lot and have yards and open space in common.

Dwelling, multiple-family means a dwelling having three or more dwelling units.

Dwelling, single-family means a building arranged or designed to be occupied by one family and having only one dwelling unit.

Dwelling, single-family with accessory apartment means a building having only one dwelling unit and one accessory apartment.

Dwelling, temporary means a manufactured/mobile home used for temporary residential purposes as provided in chapter 43 of this title.

Dwelling, townhouse means a dwelling unit in a row of at least three 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 means a building arranged or designed to be occupied by two families and having only two dwelling units.

Dwelling unit means 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 or a single person or group utilizing the unit for a short-term stay.

Elderly person. See section 10-46-3 of this title.

External illumination means lighting which illuminates a building or structure from a remote position or from outside of the building or structure.

Family means any one of the following who occupies a dwelling unit:

A.

One person living alone.

B.

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

C.

Two unrelated persons and the children of either of them.

D.

Five unrelated individuals living together as a single housekeeping unit.

Farmers' market means an establishment or premises where farm products from local farmers are sold at retail from covered or open air areas designated for individual retailers.

Farm stand means a structure from which fruits, vegetables, flowers, herbs, plants, or other agriculture products are sold. This use may also include accessory sales of other unprocessed or home-processed foodstuffs such as canned goods, baked goods, and may also include homemade handicrafts, provided that the farm stand is primarily devoted to the sale of agriculturally produced or farmed products, and the area devoted to the sale of accessory items does not exceed 50 percent of the structure's total sales area. Only one such structure is allowed per legal lot.

Fence means a structure serving as an enclosure, barrier, or boundary, which defines an outdoor space.

Fence, sight obscuring means a fence that permits vision through not more than ten percent of each square foot of fencing.

Final plat means the final drawing of a subdivision and dedication prepared for filing with the county recorder which complies with applicable requirements set forth in this title, other titles of this Code, and the Utah Code.

Floor area, total. See definition of gross floor area.

Freight terminal means 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 means all property fronting on one side of the street between intersecting or intercepting streets, or between a street and a right-of-way, waterway, end of 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 means an establishment engaged in preparing human deceased for burial and conducting funerals.

Garage, private means 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 means 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 means 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 means an establishment engaged in the retail sales of gasoline and petroleum products, including gasoline sales conducted as part of a convenience store.

General plan means 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 means a facility providing private or public golf recreation services and support facilities, but excluding miniature golf facilities.

Government service means 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 plane means a reference plane representing the average of finished ground level adjoining the building at exterior walls. Where finished ground level slopes away from an exterior wall, the reference plane shall be established by the lowest point within the area between the building and the lot line or, where the lot line is more than six feet from the building, between the building and a point six feet from the building.

Gross floor area means the total floor area of a building expressed in square feet measured from the exterior of outside walls.

Guesthouse or casita means a secondary dwelling unit, without kitchen facilities, located on a lot with one main dwelling unit which is:

A.

Used for housing of guests without compensation;

B.

Not sold separately from the sale of the main dwelling unit on the lot and encumbered by a recorded agreement which provides notice of this condition;

C.

May be rented or leased pursuant to a license or permit to allow such use; and

D.

Is served by the same utility connections as the main dwelling unit.

Heavy industry means 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, story means the vertical distance from top to top of two 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 based business means 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 42 of this title.

Homeless shelter means a place of temporary abode for persons who have no residence.

Hospital means 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 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.

Hostel means an establishment in which people are lodged for less than a week at a time, excluding short-term rental complexes, bed and breakfast inns; hotels; and motels.

Hotel means 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. Hotels shall contain ten or more sleeping rooms.

Household means 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 means animals or fowl ordinarily permitted in a house 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 variety animals nor any animals which are likely to inflict harm or endanger the health, safety or welfare of any person or property; and

B.

A sufficient number of dogs to constitute a commercial kennel.

Impact fee means a payment of money imposed upon development activity as a condition of development approval as provided in title 9, chapter 2 of this Code.

Intensive animal feeding operation means an operation for the purpose of fattening livestock for slaughter. To be considered an intensive feeding operation, the location must have more than 20 individual large animals (e.g. cattle, goats, pigs) confined and more than 100 individual small animals or fowl (e.g.) rabbits, chickens, turkeys, ducks, geese).

Junk or salvage yard means 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, commercial means a commercial establishment having three or more dogs over the age of four months for the purpose of boarding, breeding, buying, selling, grooming, letting for hire, or training for a fee.

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

Kitchen means an area within a dwelling unit which contains a sink, fixed cooking appliances, and refrigeration facilities.

Land use application means an application required by any land use ordinance or regulation.

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

Laundry or dry cleaning, limited means an establishment providing household laundry and 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 means 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.

Licensed family child care means child care provided in a private home as defined by Ohio Administrative Rule R430-90 and licensed by the Utah Department of Health and Human Services.

Light source means 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.

Light trespass means light that falls beyond the property it is intended to illuminate.

Liquor store means an establishment licensed by the state alcoholic beverage control commission for the sale of alcoholic beverages for off site consumption.

Lot means 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 means the total land area of a lot measured on a horizontal plane.

Lot, corner means a lot abutting two intersecting or intercepting streets where the interior angle of intersection or interception does not exceed 135 degrees.

Lot coverage means 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 means the mean horizontal distance from a front lot line to a rear lot line.

Lot, double frontage means a lot abutting two parallel or approximately parallel streets.

Lot, flag means 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 means the distance, measured along the front lot line, that a lot adjoins a street.

Lot, interior means a lot other than a corner lot.

Lot line means a line of record bounding a lot that divides one lot from another or from a street.

Lot line adjustment means the relocation of a lot line between two adjoining lots with the consent of the owners of record and which does not create a new lot.

Lot line, front means 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 road master 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 means 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 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 means 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 means a lot that:

A.

Legally existed before its current zoning designation; or

B.

Has been shown continuously on the records of the county recorder as an independent parcel prior to annexation; 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 means 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.

Manufactured home means a transportable factory built dwelling 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 body feet or more in width or 40 body feet or more in length;

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.

Manufactured/mobile home means a manufactured home or mobile home.

Manufactured/mobile home lot means a plot of ground within a manufactured/mobile home park or subdivision designed for the accommodation of one manufactured home or mobile home.

Manufactured/mobile home park means a lot (or contiguous lots) under single ownership or control designed and planned to accommodate the placement of manufactured/mobile homes on leased or rented spaces pursuant to the requirements of chapter 43 of this title.

Manufactured/mobile home subdivision means a platted and recorded subdivision zoned and designed for manufactured/mobile home use pursuant to the requirements of chapter 43 of this title where such homes may be placed on permanent foundations.

Manufacturing, general means 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 means 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 means stone, brick, dyed block or split faced concrete block.

Media service means 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 means 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 means 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 means removal of sand, gravel, dirt, or other materials by grading, excavating, drilling, or other methods.

Mixed use center. See definition of planned center.

Mobile home means a transportable factory built dwelling 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/mobile home park.

Moderate income housing means housing occupied or reserved for occupancy by households with a gross household income equal to or less than 80 percent of the median gross income for households of the same size in the county.

Moderate income housing plan means a written document conforming to the requirements of the Utah Code.

Modular home means 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 Utah Code Annotated section 58-56-4 and transported to the building site.

Mortuary. See definition of funeral home.

Motel means any building or group of buildings containing ten or more 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 means 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 means non-manmade land characteristics, including drainage swales, wetlands, rock outcroppings, streams, and concentrated native stands of large shrubs or trees.

Natural state means land which has not been subjected to grading, removal of vegetation or building development.

Natural waterway means those areas, varying in width, along streams, creeks, gullies, springs, or washes which are natural drainage channels.

Noncomplying structure means a structure that: a) legally existed before its current land use designation; and b) because of subsequent land use ordinance changes, does not conform to the setback, height restrictions or other regulations, excluding those regulations which govern the use of land.

Nonconforming lot. See definition of lot, nonconforming.

Nonconforming use. See definition of use, nonconforming.

Nonconformity, other. See definition of other nonconformity.

Office, general means 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 means a map drawn by municipal authorities and recorded in a county recorder's office that:

A.

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

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; and

C.

Has been adopted as an element of the municipality's general plan.

Open space means any space in a development that does not contain any structures or amenities, except that a park, as defined in this section, may qualify as open space. All open space must be completely landscaped with sod, trees, xeriscape, gardens, or agricultural uses; provided, however, that natural features such as hillsides, natural landscapes, washes, and other natural open spaces may also be considered open space if the area is useable. Only usable space qualifies as open space. Open space with a horizontal width of less than ten feet or a total area of less than 60 square feet is not considered usable. Areas with sensitive lands shall only qualify as open space if some feature or amenity is added, such as a trail, in order to make the land usable. Buildings, streets, parking lots, private yards, and landscaping within the rights-of-way for streets shall not be counted as open space.

Operations center means a maintenance, repair, or service facility operated by a local, state, or federal government agency.

Other nonconformity means a situation other than a nonconforming lot, use, or noncomplying structure that:

A.

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

B.

Because of subsequent zoning changes, does not conform with applicable requirements of this title.

Owner means 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.

Park means 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 means 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 means a parking area within a parking lot consisting of one or two rows of parking spaces and the aisle from which motor vehicles may enter and exit parking spaces.

Parking garage, public means a structure, or portion thereof, used for parking and storage of more than four motor vehicles.

Parking lot, public means a paved, open area other than a street, alley, or driveway, used for temporary parking of more than four motor vehicles and available for public use, whether free, for compensation, or as an accommodation for clients or customers.

Parking space means an area designated within a building, parking lot, or other parking area for the parking or storage of one motor vehicle.

Parking, tandem means 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 means 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 means a separate building location, usually along the street frontage, developed or designated in connection with a larger commercial site.

Person means 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 means 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 means 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.

Plan for moderate income housing means a written document adopted by the City Council that includes:

A.

An estimate of the existing supply of moderate income housing located within the City;

B.

An estimate of the need for moderate income housing in the City for the next five years as revised biennially;

C.

A survey of total residential land use;

D.

An evaluation of how existing land uses and zones affect opportunities for moderate income housing; and

E.

A description of the City's program to encourage an adequate supply of moderate income housing.

Planned

center means a development comprised of a variety of uses where landscaping, parking and other improvements are provided in a comprehensive and integrated fashion.

Planning Commission means the Planning Commission of Hurricane City, Utah.

Plat means a map or depiction of a subdivision showing thereon the division of a tract or parcel of land into lots, blocks, and streets.

Plot plan means 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.

Post office means 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.

Printing and copying, limited means a business establishment engaged in retail photocopying, reproduction, photo developing or blueprinting services.

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

Protective housing facility. See section 10-46-3 of this title.

Protective service means a facility providing public safety and emergency services, including fire and police protection services and emergency medical and ambulance services.

Public means that which is under the ownership or control of the United States government, Utah state or any subdivision thereof, Washington County, or the City (or any departments or agencies thereof).

Public entrance means 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 means a hearing at which members of the public are provided a reasonable opportunity to comment on the subject of the hearing.

Public meeting means a meeting that is required to be open to the public under Utah Code Annotated title 52, chapter 4, open and public meetings.

Public utility substation means 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.

Reasonable accommodation. See section 10-46-3 of this title.

Reception center means a facility rented for private social gatherings and used for hosting large social and business events.

Recreation and entertainment, indoor means 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 and entertainment, outdoor means 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. No use involving aircraft of any type is included in this definition.

Recreation resort short-term rentals means any dwelling unit used as a transient lodging facility within the recreation resort zone as governed by section 10-26 of this Code.

Recreational vehicle means a vehicular unit designed as temporary living quarters for travel, recreation, and vacation use which is either self-propelled or is mounted on or pulled by another vehicle, including, but not limited to, a camping trailer, travel trailer, fifth wheel trailer, truck camper, or motor home. A recreational vehicle is self-contained, not requiring outside connection to water, sewer, or power, though connection may be possible.

Recreational vehicle park means any site, tract, or parcel of land on which facilities have been developed to accommodate two or more recreational vehicles as temporary living quarters pursuant to the requirements of chapter 43 of this title.

Recreational vehicle space means a plot of ground within a recreational vehicle park designed for the accommodation of one recreational vehicle.

Rehabilitation/treatment facility. See section 10-46-3 of this title.

Repair service means 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 means an establishment engaged in industrial, medical, or scientific inquiries.

Residence. See section 10-46-3 of this title.

Residential certificate child care means child care provided in a private home as defined by Utah Administrative Rule R430-50 and licensed by the Utah Department of Health and Human Services.

Residential facility for elderly persons. See section 10-46-3 of this title.

Residential facility for persons with a disability. See section 10-46-3 of this title.

Residential facility for troubled youth. See section 5-4-2 of this Code.

Residential hosting means a limited commercial activity within an owner-occupied single family residential structure where an ADU not occupied by the full-time residents is used to house persons not qualifying as the property owner's family on a short-term basis.

Residential hosting facility means a structure or any portion thereof being used for residential hosting.

Restaurant, fast food means 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 means an establishment that derives not less than 50 percent 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 means 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.

Road master plan means the roads shown on the future land use map adopted by the City Council as part of the City's general plan.

Roofline means 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 Sewer Authority means the department, agency, or public entity with responsibility to review and approve the feasibility of sanitary sewer services or on site wastewater systems.

School, elementary, middle, or high means any building or group of buildings or premises approved by the state for public or private elementary or secondary instruction.

School, vocational means 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 means 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 means a facility sponsored or administered by a public or private entity which provides residences or other services for senior citizens.

Sensitive land means 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.

Sexually oriented business. See section 10-47-2 of this title and title 3, chapter 4 of this Code.

Shopping center means a group of three 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.

Short-term rental means a structure, room, or space that qualifies as a transient lodging facility, but excluding hotels and motels.

Short-term rental complex means any group of two to three short-term rental units within commercial zones.

Sign. See definition in section 10-36-2 of this title.

Site plan means 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.

Special exception means an activity or use incidental to or in addition to a principal use permitted in a zoning district or an adjustment to a fixed dimension standard permitted as an exception to the requirements of this title.

Specified public utility means an electrical corporation, gas corporation, or telephone corporation, as those terms are defined in Utah Code Annotated section 54-2-1.

Stable, private means A detached accessory building for the keeping of horses, the majority of which are owned by the occupants of the premises.

Stable, public means a commercial establishment that boards, breeds, trains, raises, or rents horses for riding or other equestrian activities.

Start of construction means the issuance date of a building permit, provided that construction, repair, reconstruction, placement, or other improvement begins within 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 means 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 means a public or private right-of-way, including avenues, highways, boulevards, parkways, roads, lanes, walks, alleys, viaducts, subways, tunnels, bridges, public easements, and other ways, that provides access to adjoining property, and including the street definitions set forth in chapter 39 of this title.

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

Structure means 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, nonconforming means a structure that:

A.

Legally existed before its current zoning designation; and

B.

Because of subsequent zoning changes, does not conform with the setback, height restrictions, or other regulations that govern the structure.

Subdivider means any person who undertakes to create a subdivision.

Subdivision any land that is divided, resubdivided, or proposed to be divided into two or more lots, 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. Subdivision includes:

A.

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

B.

Except as provided in the exceptions below, a division of land for all residential and nonresidential uses, including land used or to be used for commercial, agricultural, and industrial purposes.

Subdivision does not include:

A.

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.

B.

A recorded agreement between owners of adjoining properties adjusting their mutual boundaries if no new lot is created and the adjustment does not result in a violation of applicable requirements of this title; or

C.

A recorded document, executed by the owner of record, revising the legal descriptions of more than one contiguous parcel of property into one legal description encompassing all such parcels of property.

D.

The joining of a subdivided lot to an unsubdivided lot does not constitute a subdivision as to the unsubdivided lot.

Substantial action means action taken in good faith to exercise development rights authorized pursuant to a development approval given under the authority of this title.

Substantial improvement means 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, 50 percent 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.

Takeoff and landing of aircraft means any method of propulsion allowing aircraft to leave the ground or land on the ground, including, but not limited to, helicopters, airplanes, gliders, ultralights, or other aircraft.

Tandem parking. See definition of parking, tandem.

Tattoo establishment means 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 means an establishment licensed by the state alcoholic beverage control commission for serving liquor by the drink to the general public.

Temporary dwelling. See definition of dwelling, temporary.

Temporary trailer means 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.

Time period unit (timeshare) means a multi-unit project in which an annually recurring part or parts of a calendar year specified in the condominium declaration or other document as a period for which a physical unit is separately owned. Separate ownership is represented by shares in a corporation, a partnership interest, or any other individually owned transferable property right or interest.

Transient lodging facility means any establishment that receives payment, compensation, value, trade, or consideration in any form in exchange for the use of any unit for one to 30 days, including any hotel, motel, time period unit, hostel, boarding house, vacation rental property, short-term rental, whole home vacation rental, or bed and breakfast inn.

Transitional housing facility. See section 10-46-3 of this title.

Transportation service means 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.

Travel trailer means a vehicular unit without motive power which:

A.

In the traveling mode, is eight body feet or less in width and 40 body feet or less in length, or when erected on site, is not more than 320 square feet; and

B.

Is designed as temporary living quarters for travel, recreation, and vacation use.

Use means 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, accessory means a subordinate use customarily incidental to a permitted or conditional use and located on the same lot as such use.

Use, conditional means 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 means a use that is not allowed where located as a permitted use, conditional use, accessory use, or nonconforming use.

Use, incompatible means a use which is different in activity, intensity, or utilization which is or will be in conflict with uses on adjoining lots.

Use, main means 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 means 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 land.

Use, permitted means 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 means 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 means 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.

Variance means a waiver or modification granted by the Appeals Board to a height, bulk, area, width, setback, separation, or other numerical or quantitative requirement of this title as permitted by this title.

Vehicle means 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 means 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 means 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 means 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 means 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 means a drawing showing the relationship of proposed real property development to adjoining property.

Violation means the act of disregarding, disobeying, neglecting, omitting or refusing to comply with the requirements or enforcement of this title.

Warehouse, self-service storage means 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.

Whole home vacation rental means a form of a transient lodging facility specifically classified as an entire single family residential structure that is located in a single family zone, is rented out on a short-term basis, and is not owner-occupied. Whole home vacation rentals are located in a single family zone as identified in chapters 10-13 and 10-14 of this Code, are not a conforming use under the current Code, and are managed locally.

Wholesale and warehousing, general means 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 means 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 50,000 square feet in area and operate during conventional business hours.

Wireless telecommunications facility. See section 10-50-4 of this title.

Yard means 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 upward by any portion of a building or structure, except as specifically provided in this title.

Yard depth means the least horizontal distance between a lot line and a building line.

Yard, front means 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 means 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 means 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 means 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 means the person charged with principal responsibility for interpreting and applying the provisions of this title.

(Ord. 03-5-1, 5-1-2003, eff. 6-1-2003; Ord. 2004-15, 6-17-2004; Ord. 2005-15, 7-21-2005; Ord. 2008-4, 3-6-2008; Ord. 2009-01, 2-5-2009; Ord. 2011-11, 12-15-2011; Ord. 2012-8, 10-18-2012; Ord. 2013-10, 10-3-2013; Ord. 2014-10, 11-6-2014; Ord. 2015-3, 2-19-2015; Ord. 2015-12, 12-17-2015; Ord. 2016-11, 11-17-2016; Ord. 2017-03, 1-19-2017; Ord. 2017-06, 2-16-2017; Ord. 2018-04, 4-5-2018; Ord. 2018-12, 10-18-2018; Ord. 2019-04, 5-2-2019; Ord. 2020-03, 2-6-2020; Ord. No. 2022-10, 5-19-2022; Ord. No. 2022-36, 8-18-2022; Ord. No. 2022-61, 2-2-2023; Ord. No. 2022-62, 2-16-2023; Ord. No. 2023-13, 8-3-2023; Ord. No. 2023-20, 12-7-2023; Ord. No. 2024-06, 6-6-2024; Ord. No. 2024-12, 8-15-2024; Ord. No. 2024-14, 11-21-2024; Ord. No. 2025-08, 5-15-2025; Ord. No. 2025-20, 10-16-2025)