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Laketown City Zoning Code

10.2 Definitions

10.2.1 Definitions

Words used in the present tense include the future; words in the singular number include the plural and the plural the singular; words not included herein but defined in the uniform building code shall be construed as defined herein. 

For the purpose of this title, certain words and terms are defined as follows: 

AGRICULTURE:

The tilling of the soil, the raising of crops, horticulture and gardening, but not including the keeping or raising of domestic animals and fowl, except household pets, and not including any farms, animal hospitals or similar uses.

AGRICULTURAL TOURISM, "AG-TOURISM" AND/OR "AGRI-TOURISM":

Means the practice of visiting an agribusiness, horticultural, or agricultural operation, including but not limited to, a farm, orchard, winery, greenhouse, hunting preserve, a companion animal or livestock show, for the purpose of recreation, education, or active involvement in the operation, other than as a contractor or employee of the operation. 

ALLEY: 

A public thoroughfare twenty six feet (26') or less in width.

ANIMAL UNIT: 

An animal unit is equal to one horse or one cow or one pig or three (3) sheep or five (5) small noncarnivorous animals (i.e., rabbits). 

BOARDING HOUSE: 

A building with not more than five (5) guest rooms where, for compensation, meals are provided for at least five (5) but not more than fifteen (15) persons. 

BUILDABLE LOT:

A lot that has the required frontage, square footage, and setbacks outline in Laketown Town Code 10-6A-4 for its respectable zone district the lot is being built in. A buildable lot shall have access to a town right of way, and an improved roadway. All Laketown infrastructure shall be extended across the frontage of the property. If the lot is on a corner, it shall be extended along both frontages.

BUILDING: 

Any structure having a roof supported by columns or walls for the housing or enclosure of persons, animals or chattels.

BUILDING, ACCESSORY: 

A detached subordinate building clearly incidental to and located upon the same lot occupied by the main building. 

BUILDING, HEIGHT OF: 

The vertical distance from the grade to the highest point of the coping of a flat roof or to the deck line of a mansard roof, or to the mean height level between ridge and eaves of a gable, hip or gambrel roof. 

BUILDING, MAIN:

A residential building must be the main building on a residential lot and must be constructed first. 

BUILDING, PUBLIC: 

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

CARPORT:

A private garage not completely enclosed by walls or doors. For the purposes of this title, a carport shall be subject to all of the regulations prescribed for a private garage. 

CLUSTER DEVELOPMENT: 

A method of development permitted on sites of two (2) or more acres subject to the conditional use provisions of this title whereby the area, width and yard regulations are waived in lieu of the developer providing properly designed common areas on at least forty percent (40%) of the site. 

CONDITIONAL USE: 

A use of land for which a conditional use permit is required pursuant to chapter 9 of this title. 

DAIRY: 

A commercial establishment for manufacture or process of dairy products. 

DAYCARE CENTER: 

An establishment for the care and/or instruction, whether or not for compensation, of six (6) or more children other than members of the family residing on the premises. 

DWELLING:  

Any building or portion thereof, which is designed for use for residential purposes, except the following: hotels, boarding houses, motels, trailers or mobile homes. 

DWELLING, FOUR-FAMILY: 

A building arranged or designed to be occupied by four (4) families, the structure having only four (4) dwelling units. 

DWELLING, SINGLE-FAMILY: 

A building arranged or designed to be occupied by one family, the structure having only one dwelling unit. 

DWELLING, THREE-FAMILY:

A building arranged or designed to be occupied by three (3) families, the structure having only three (3) dwelling units. 

DWELLING, TWO-FAMILY:

A building arranged or designed to be occupied by two (2) families, the structure having only two (2) dwelling units. 

DWELLING UNIT: 

One or more rooms in a dwelling designed for or occupied by one family for living, sleeping purposes and having kitchen facilities for the use of not more than one family. 

FAMILY:

One or more persons related by blood, marriage or adoption, occupying a dwelling unit and living as a single housekeeping unit, as distinguished from renters, roomers or as a group occupying a boarding house, lodging house or hotel, as herein defined. 

FOWL UNIT: 

Twenty five (25) small fowl (chickens, etc.) or five (5) large fowl (turkeys, geese, ducks, etc.). 

FRONTAGE: 

All property fronting on one side of the street between intersecting or intercepting streets, or between a street and right of way, waterway, end of 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. 

GARAGE, PRIVATE: 

An accessory building designed or used for the storage of not more than four (4) automobiles owned and used by the occupants of the building to which it is accessory; provided, that on a lot occupied by a multiple dwelling, the private garage may be designed and used for the storage of two (2) times as many automobiles as there are dwelling units in the multiple dwelling. A garage shall be considered part of a dwelling if the garage and dwelling have a roof or wall in common. 

GRADE: 

  1. For buildings adjoining one street only, the elevation of the ground (finished surface) at the center of that wall adjoining the street. 
  2. For buildings adjoining more than one street, the average of the elevations of the ground (finished surface) at the centers of all walls adjoining the streets.  
  3. For buildings having no wall adjoining the street, the average level of the ground (finished surface) adjacent to the exterior walls of the building.  

HEIGHT:

The vertical distance measured from a point representing the average finished grade surrounding a structure to a point representing the average elevation of the roof or top of the structure. 

HOME OCCUPATION:

Any use conducted entirely within a dwelling and carried on by persons residing in the dwelling unit, which use is clearly incidental and secondary to the use of the dwelling for dwelling purposes and does not change the character thereof and in connection with which there is no display, nor stock in trade. The home occupation shall not include the sale of commodities except those which are produced on the premises and shall not involve the use of any accessory building or yard space or activity outside the main building not normally associated with residential use. Home occupation shall include the care of not more than five (5) children other than members of the family residing in the dwelling. A home occupation in a multiple-dwelling unit (2 or more units) will be considered as one of the units in determining the allowable number of units.  

HOUSEHOLD PETS: 

Animals or fowl ordinarily permitted in the house and kept for company or pleasure, such as dogs, cats and canaries, but not including a sufficient number of dogs to constitute a "kennel" as defined herein. Household pets may also include the keeping of not more than two (2) chickens, four (4) pigeons, two (2) mature rabbits, one lamb not over eight (8) months old, and two (2) ducks.

IMPROVED ROADWAY:

A roadway with the proper right-of-way width per the Laketown road master plan. Laketown may allow ½ width dedications for developments on one side of the street being developed, and constructed with a minimum of 12” of subbase, 6” of base coarse, and 3” of compacted asphalt. An exhibit of the roadway cross-section can be found (location in town code).

KENNEL: 

The keeping of three (3) or more dogs at least four (4) months old. 

LIVESTOCK FEEDYARD: 

An operation on a parcel of land where livestock are kept in corrals or yards for more than thirty (30) days at a density which permits little movement, and where all feed is provided for the purpose of fattening or maintaining the condition of livestock. 

LOT: 

A parcel of land occupied or to be occupied by a main building, or group of buildings (main and accessory), together with such yards, open spaces, lot width and lot area as are required by this title and having frontage upon a street. Except for group dwellings, not more than one dwelling structure shall occupy any one lot.  

LOT, CORNER:

A lot abutting on an intersection or intercepting streets, where the interior angle or intersection or interception does not exceed one hundred thirty five degrees ( 135°). 

LOT, INTERIOR: 

A lot other than a corner lot. 

MOBILE HOME:

A detached single-family dwelling unit with all of the following characteristics: 

  1. Designed for a long-term occupancy and containing sleeping accommodations, a flush toilet, a tub or shower bath and kitchen facilities with plumbing and electrical connections provided for attachment to outside systems;
  2. Designed to be transported after fabrication on its own wheels, or on flatbed or other trailers or detached wheels; and
  3. Arriving at the site where it is to be occupied as a complete dwelling, including major appliances and furniture and ready for occupancy except for minor and incidental unpacking and assembly operations, location on foundation supports, connection to utilities, and the like. 

MOTEL:

A group of attached or detached buildings containing individual sleeping rooms designed for or used temporarily by automobile tourists or transients, with garage attached or parking space conveniently located to each unit. 

NONCONFORMING BUILDING OR STRUCTURE:  

A building or structure or portion thereof, lawfully existing at the time the ordinance codified herein became effective, which does not conform to all the height, area and yard regulations herein prescribed in the zone in which it is located. 

NONCONFORMING-USE: 

A use which lawfully occupied a building or land at the time the ordinance codified herein became effective and which does not conform with the use regulations of the zone in which it is located. 

PARKING SPACE: 

Space within a building, lot or parking lot for the parking or storage of one automobile. 

SIGN: 

Any device used for visual communication to the general public and displayed out-of-doors, including signs painted on exterior walls, and interior illuminated signs to be viewed from out-of-doors, but not including any flag, badge or ensign of any governmental agency. 

SIGN, ADVERTISING: 

A sign which directs attention to a use, product, commodity or service not related to the premises. 

SIGN, BUSINESS:

A sign which directs attention to a use conducted, product or commodity sold, or service performed upon the premises. 

SIGN, IDENTIFICATION: 

A sign displayed to indicate the name or nature of buildings or uses other than commercial or industrial uses located upon the premises. 

SIGN, NAMEPLATE: 

A sign indicating the name and/or occupation of a person or persons residing on the premises or legally occupying the premises, or indicating a home occupation legally existing on the premises. 

SIGN, PROPERTY: 

A sign related to the property on which it is located and offering such property for sale or lease, or advertising contemplated improvements, or announcing the name of the builder, owner, designer or developer of the project, or warning against trespassing. 

SIGN, PUBLIC INFORMATION: 

A sign erected by a public or nonprofit agency, service club, etc., giving information to direct the public to both public and private facilities and major uses. 

SIGN, TEMPORARY: 

Temporary signs shall include any sign, banner, pennant or advertising display constructed of cloth, canvas, light fabric, cardboard, wallboard or other light materials, with or without frames, intended to be displayed for a short period of time only. 

STABLE, PRIVATE: 

A detached accessory building for the keeping of horses owned by the occupants of the premises and not kept for remuneration, hire or sale. 

STABLE, PUBLIC:

A stable other than a private stable. 

STORY: 

The space within a building included between the surface of any floor and the surface of the ceiling next above. 

STORY, HALF:

A story with at least two (2) of its opposite sides situated in a sloping roof, the floor area of which does not exceed two-thirds (2/3 ) of the floor immediately below it. 

STREET: 

A public thoroughfare which affords principal means of access to abutting property, and is more than twenty six feet (26') wide. 

STRUCTURAL ALTERATIONS: 

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

STRUCTURE:

Anything constructed or erected, which requires location on the ground or attached to something having a location on the ground. 

TINY HOME: 

A small dwelling or house intended for human habitation typically sized under 600 square feet on wheels or on a foundation.

TRAILER CAMP OR MOBILE HOME PARK: 

Any area or tract of land used or designed to accommodate two (2) or more trailers, mobile homes or camping parties. 

TRAILER OR CAMPER: 

A vehicle with or without motive power or wheels, designed to be used for human habitation. 

USE, ACCESSORY: 

A subordinate use customarily incidental to and located upon the same lot occupied by a main use. 

VETERINARY OR ANIMAL HOSPITAL:

A building and runs where both large and small animals are kept and/or treated by a licensed veterinarian. 

WIDTH OF LOT:

The distance between the side lot lines at the distance back from the front lot line required for the depth of the front yard. 

YARD: 

A space on a lot, other than a court, unoccupied and unobstructed from the ground upward by buildings, except as otherwise provided herein. 

YARD, FRONT: 

A space on the same lot with a building, between the front line of the building (exclusive of steps) and the front lot line, and extending across the full width of the lot. 

YARD, REAR: 

A space on the same lot with a building, between the rear line of the building (exclusive of steps) and the rear line of the lot and extending the full width of the lot.  

YARD, SIDE:

A space on the same lot with a building, between the side line of the building (exclusive of steps or open stairways) and the side line of the lot and extending from the front yard line to the rear yard line. 

ZONE: 

A municipal area in a city or town designated for a particular type of building, enterprise or activity.

HISTORY:

Ord. A-1, 5-21-1981; amd. 2001 Code

Ord. 2019-02, 2-5-2020

Ord. 2019-19, 2-5-2020

Ord. No. 2021-12, 2/2/2022

Ord. No. 2022-01, 2/2/2022