The purpose of this chapter is to provide use related definitions for uses specific to this title and general definitions related to this title. (Ord. 18-01, 1-16-2018)

   A.   Whenever any words or phrases used in this title are not defined herein, but are defined in related sections of the Utah Code, City subdivision ordinance, or the family of International Building Codes, such definitions are incorporated herein and shall apply as though set forth herein in full, unless the context clearly indicates a contrary intention as determined by the City Land Use Authority. For any words not specifically defined in the codes as noted, the current online Merriam-Webster Dictionary must be used to determine meaning within the context in which they are used as determined by the Land Use Authority.

   B.   Unless a contrary intention clearly appears, words used in the present tense include the future, the singular includes the plural, the term "shall" is always mandatory, and the term "may" is permissive. The following terms as used in this title shall have the respective meanings hereinafter set forth. (Ord. 18-01, 1-16-2018)

   A.   These are terms used within chapter 8, "Schedule Of Uses", of this title, to identify specific uses regulated within the Lewiston City land use ordinance.

RESIDENTIAL USES:

   1100 SINGLE FAMILY DWELLING: A building containing only one dwelling unit. Only one single family dwelling is allowed per legal lot/parcel. A single accessory apartment may be approved as part of a single family dwelling.

   Accessory kitchens may be allowed as long as there is no ability to serve as a second dwelling unit. Structures accessory to a single family dwelling are also permitted and include, but are not limited to, typical structures such as a shed, stable, garage, car port, and similar. A Mobile Home, Camper, or Trailer is not considered a single family dwelling under the terms of this Title unless it is placed on a permanent foundation, has its wheels removed, and meets all relevant Building Code requirements under this Code.

   1110 ACCESSORY APARTMENT: One or more rooms with private bath and kitchen facilities comprising an independent, self-contained dwelling unit located within an existing primary dwelling unit. An accessory apartment must also comply with the following requirements:

      1.   Be located within an existing single-family dwelling which has been designated, built, or converted to accommodate an independent housing unit.

      2.   Must meet minimum health and safety requirements with respect to sanitation, water, drainage, and all applicable Health Codes, and must also comply with all applicable Zoning, Building, and Safety Codes, including the obtaining of a building permit.

      3.   See chapter 16 of this title for additional requirements.

   1120 TEMPORARY DWELLING: A dwelling unit located on a property for a limited period of time.

      1.   Where a primary dwelling is present, an accessory, temporary dwelling may only be approved if:

         a.   The primary dwelling is in conformance with all provisions of this title; and

         b.   It is placed within one hundred feet (100') of the primary dwelling, but not closer than twelve feet (12'); and

         c.   It is set back from the property line a distance equal to or greater than the setback of the primary dwelling; and

         d.   It has a separate connection to the Municipal water system; and

         e.   It is placed no closer than five hundred feet (500') to private property in separate ownership unless the owner of such property provides written approval; and

         f.   No rent is collected for the use of the site or the temporary dwelling.

      2.   Where no primary dwelling exists, a dwelling may be approved as a temporary residence for an owner, operator, or employee engaged in an activity on the premises of a permitted agricultural or business operation; provided, however, that written approval must first be obtained from owners of all adjacent property and further, that no rent may be collected for use of the site or the temporary dwelling.

      3.   The Planning Commission and/or the City Council may impose additional requirements relative to placement, screening, time limits, and foundations, as a part of the conditional use permitting process.

   1200 HOME BASED BUSINESS: A use incidental and secondary to a property's primary residential use, and that does not alter the exterior of the property so as to affect the residential character of the site. The only employees working at the home shall be the residents of the home. Typical uses include:

      1.   Home Office: A business which is comprised of an office in the home, consulting services, internet based business, or service activities that are managed from the home and occur away from the residential property. This includes sales activities where the business proprietor makes the primary sales transaction at another location such as demonstration sales or sales parties (i.e., cosmetics, cutlery, vacuums, etc.).

      2.   Home Day Care/Preschool: A program providing care in an occupied dwelling operated by residents of that dwelling in which lessons and/or care are provided for not more than eight (8) children. The State licensed and/or reviewed capacity must include all children less than four (4) years of age of any caregiver when their children are present in the residence. Preschool sessions shall last for not more than four (4) hours and shall not overlap.

      Individual children may attend only one preschool session in any twenty-four (24) hour period. Refer to Utah Code Annotated section 26-39 Utah Child Care Licensing Act for State licensing requirements.

      3.   Minor Service Provision: Services where occasional client meetings may occur at the home, other services where there is little to no customer traffic to the home.

      4.   Minor Production: Production of goods that can be completed within the existing home typically including food goods, arts/crafts, or woodworking.

   1300 MULTIPLE FAMILY DWELLING: A building containing two (2) or more dwelling units; excludes a single family dwelling with an accessory apartment.

      1.   Must be located such that the density is equivalent to no greater than one multiple family dwelling per block within the R-1 Zone, and may only be allowed and established where there is a minimum of five hundred feet (500') between the nearest point on the boundary line of the lot on which a multiple family dwelling is proposed and the nearest point on the boundary line of any other parcel or lot on which a multiple family dwelling exists or is proposed for construction at the same time.

   1400 RESIDENTIAL LIVING FACILITY: A general term for the following types of facilities:

      1.   Residential Facility For Persons With A Disability: A single-family dwelling unit in which more than one person with a disability resides and which is licensed or certified by the Utah Department of Human Services under Utah Code Annotated 62A-2-101 et seq., as amended, or the Utah Department of Health under Utah Code Annotated section 26-21-3 et seq., as amended. Treatment is not a necessary component of a residential facility for persons with a disability, but may be provided upon request. Any treatment provided shall be clearly ancillary to the use of the facility as a residence.

      2.   Foster Home: As licensed by the State of Utah and defined within Utah State Code 62A-2-101.

   1500 MOBILE HOMES, TRAILERS, AND CAMPERS: Transportable structures with or without wheels, designed to be used for human habitation.

      1.   A mobile home, trailer, or camper may be approved for use in an agricultural zone (A) as a temporary second dwelling; provided that:

         a.   The primary dwelling is in conformance with all provisions of this title;

         b.   It is placed within one hundred feet (100') of the primary dwelling, but not closer than twelve feet (12');

         c.   It is set back from the property line a distance equal to or greater than the setback of the primary dwelling;

         d.   It has a separate connection to the Municipal water system;

         e.   It is placed no closer than five hundred feet (500') to private property in separate ownership unless the owner of such property provides written approval; and

         f.   No rent is collected for the use of the site or the temporary dwelling.

      2.   Where no primary dwelling exists, a mobile home, trailer, or camper may be approved as a temporary residence for an owner, operator, or employee engaged in an activity on the premises of a permitted agricultural or business operation; provided, however, that written approval must first be obtained from owners of all adjacent property and further, that no rent may be collected for use of the site or the temporary dwelling.

      3.   The Planning Commission and/or the City Council may impose additional requirements relative to placement, screening, time limits, and foundations, as a part of the conditional use permitting process.

SERVICES, PROFESSIONAL AND PERSONAL:

2100 PROFESSIONAL SERVICES: A use that offers any type of personal administrative, executive, professional, research, or similar functions, and laboratories having only limited contact with public, provided that no merchandise or merchandising services are sold on the premises, except such as are incidental or accessory to the principal use, to the public and requires, as a condition precedent to the rendering of such service, the obtaining of a license or other legal authorization. Professional services typically include, but are not limited to, services rendered by: certified public accountants, public accountants, engineers, chiropractors, dentists, osteopaths, physicians and surgeons, podiatrists, morticians, architects, veterinarians, attorneys at law, physical therapists, and life insurance agents.

2200 HUMAN CARE SERVICES: A general term for the following uses as licensed by the State of Utah and defined within Utah State Code (UCA):

      1.   Adult Day Care - Utah Code Annotated 62A-2-101.

      2.   Assisted Living Facility - Utah Code Annotated 26-21-2.

      3.   Child Care Program or Preschool - Utah Code Annotated 26-39-102.

      4.   Domestic Violence Treatment Program - Utah Code Annotated 62A-2-101.

      5.   Long Term Care Facility - Utah Code Annotated 62A-3-202.

      6.   Nursing Care Facility - Utah Code Annotated 26-21-2.

      7.   Residential Support - Utah Code Annotated 62A-2-101.

      8.   Residential Treatment Program - Utah Code Annotated 62A-2-101.

      9.   Youth Program - Utah Code Annotated 62A-2-101.

      10.   Secure Treatment - Utah Code Annotated 62A-2-101.

      11.   Substance Abuse Treatment Program - Utah Code Annotated 62A-2-101.

      12.   Outpatient Treatment - 62A-2-101.

      13.   Day Treatment - Utah Code Annotated 62A-2-101.

      14.   Healthcare Facility - Utah Code Annotated 26-21-2.

      15.   Hospital - Utah Code Annotated 26-36a-103.

2300 GENERAL VEHICLE REPAIR: Any building, structure, improvements, or land used for the repair and maintenance of small engines, automobiles, motorcycles, trucks, trailers, tractors, or similar vehicles including but not limited to body, fender, muffler, or upholstery work, oil change and lubrication, painting, tire service and sales, but excludes dismantling or salvage.

2400 RESTAURANT: A commercial establishment where food and beverages are prepared, served, and consumed primarily within the principal building and where food sales constitute more than eighty percent (80%) of the gross sales receipts for food and beverages.

2410 MOBILE FOOD TRUCK: A temporary food service establishment, which has a duration limited to six (6) months at any single location, that is a vehicle mounted food service establishment designed to be readily movable.

2500 TRANSIENT LODGING: A general term for the following uses:

      1.   Motel: A building or group of buildings for the accommodation of transient guests, comprising individual sleeping or living units, and designed and located to serve the motoring public.

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

2510 BED AND BREAKFAST INN: An owner occupied dwelling offering transient lodging accommodations where meals may be provided. A bed and breakfast inn may have no more than four (4) guestrooms.

INSTITUTIONAL, PUBLIC, AND UTILITY USES:

3110 CEMETERY: A place designated for the burial or keeping of the remains of the dead, whether human or animal, including crematories and mausoleums, and meeting all applicable local, State, and Federal requirements and regulations.

3120 PUBLIC PARK: Any area that is predominately open space, used principally for active or passive recreation, and not used for a profitmaking purpose. Any area designated by the City as a park.

3130 PUBLIC USES: A use operated exclusively by a State or Federal public entity over which the City has no jurisdiction in compliance with 10-9a-304, Utah Code Annotated, 1953, as amended.

3140 RELIGIOUS MEETING HOUSE: A building wherein persons regularly assemble for religious worship and which is maintained and controlled by a religious body organized to sustain public worship, together with all accessory buildings and uses customarily associated with such primary purpose; e.g., synagogue, temple, mosque, or other such place for worship and religious activities.

3150 EDUCATIONAL FACILITY: Any building or part thereof which is designed, constructed, or used for education or instruction by a public or private organization in any branch of knowledge, but excluding preschool centers. Includes the following uses as licensed by the State of Utah and defined within Utah State Code 62A-2-101:

      1.   Boarding school.

      2.   Therapeutic school.

3160 CORRECTIONAL FACILITY: Facilities for the judicially required detention or incarceration of people, where inmates and detainees are under 24-hour supervision by professionals, except when on approved leave. If the use otherwise complies with this definition, a correctional facility may include, by way of illustration, a prison, jail, or probation center.

3210 UTILITY FACILITY, TRANSMISSION: A general term for the following uses. These uses are not required to be located on a building lot or to comply with the minimum lot size requirement for the district in which it is located.

      1.   Electric Transmission Line: A power transmission line, either above or below ground, designed to provide electric transmission at voltages of one hundred forty thousand (140,000) volts (140 kV), or greater, and that may provide for interstate power transmission, power transmission between substations, or to provide power to customers or areas located outside of the City.

      2.   Gas Pipeline Right-Of-Way: A gas transmission pipeline of twelve inches (12") or larger diameter that may provide for interstate gas transmission, or to provide gas to customers or areas located throughout the City.

      3.   Wind Or Water Energy System: A wind or water energy conversion system consisting of one or more turbines and/or towers and associated control and/or conversion electronics and providing generated electrical power to be used for off-site consumption.

      4.   Petroleum Pipeline: A petroleum or oil transmission pipeline of four inches (4") or larger in diameter and that provides for interstate petroleum or oil transmission, or to provide petroleum or oil to customers or areas located throughout the City.

      5.   Electric Substation: A power regulating facility designed to regulate power for distribution at voltages of one hundred forty thousand (140,000) volts (140 kV) or greater.

      6.   Compression/Pumping Station: A gas or petroleum regulating facility designed to regulate the flow along major utility facilities.

3220 UTILITY FACILITY, DISTRIBUTION: A general term for the following uses. These uses are not required to be located on a building lot or to comply with the minimum lot size requirement for the district in which it is located.

      1.   Electric Transmission Line: A power transmission line, either above or below ground, designed to provide electric transmission at voltages of less than one hundred forty thousand (140,000) volts (140 kV) but more than thirty thousand (30,000) volts (30kV).

      2.   Gas Pipeline: A gas transmission pipeline of less than twelve inches (12") in diameter.

      3.   Water/Waste Water Transmission Line: A transmission line for water (culinary or irrigation water) or wastewater greater than eighteen inches (18") in diameter. Open canals and barrow pits are exempt from this requirement.

      4.   Electric Substation: A power regulating facility designed to regulate power for distribution to customers at voltages less than one hundred forty thousand (140,000) volts (140 kV).

      5.   Compression/Pumping Station: A gas or petroleum regulating facility designed to regulate the flow along minor utility facilities.

3230 UTILITY FACILITY, SERVICE: Electric, gas, communication, water, sewer, irrigation, drainage lines, or other utility facilities that provide local delivery or collection services from either utility facility distribution or transmission services. This includes home based geothermal, wind, solar, or water powered facilities limited to the production capacity required to service a single family dwelling.

3240 TELECOMMUNICATION FACILITY: A facility used for the transmission or reception of electromagnetic or electro- optic information, which is placed on a structure. This use is not required to be located on a building lot or to comply with the minimum lot size requirement for the district in which it is located.

3300 PUBLIC AIRPORT: A site licensed by the State for the takeoff or landing of aircraft, including uses that may be appurtenant and accessory to said activity (e.g., runways, hangars, facilities for refueling and repair). The following are also required at the time of application:

      1.   A copy of any and/or all FAA reviews, forms, and analyses regarding the airport location, activity, and design including:

   a. The current FAA Form 7480-1, and;

   b. FAA response to the Form 7480-1 submission.

      2.   A copy of the design guidelines as per the current FAA Airport Design Advisory Circular AC 150/5300-13A as applicable to the type of aircraft proposed to operate at the site. Said design guidelines must be implemented at the site.

      3.   A copy of the State of Utah license as issued by the Utah Division of Aeronautics.

3310 PRIVATE AIRPORT: Any area for the takeoff or landing of aircraft and that is not open to the public, including uses that may be appurtenant and accessory to said activity (e.g., runways, hangars, facilities for refueling and repair). The following are also required at the time of application, with the exception of a temporary or intermittent airport as defined by the Federal Aviation Administration (FAA) on Form 7480-1 Notice for Construction, Alteration, and Deactivation of Airports:

      1.   A copy of any and/or all FAA reviews, forms, and analyses regarding the airport location, activity, and design including:

   a. The current FAA Form 7480-1, and;

   b. FAA response to the Form 7480-1 submission.

      2.   A copy of the design guidelines as per the current FAA Airport Design Advisory Circular AC 150/5300-13A as applicable to the type of aircraft proposed to operate at the site. Said design guidelines must be implemented at the site.

3400 SOLID WASTE FACILITY: A facility engaged in solid waste management, including:

      1.   A landfill;

      2.   A processing system, including:

         a. A resource recovery facility;

         b. A facility for reducing solid waste volume;

         c. A plant or facility for compacting, composting, or pyrolization of solid waste;

         d. A solid waste disposal, reduction, or conversion facility.

      3.   Composting facility: A facility where organic materials are converted into a humus like material under a process of managed biological decomposition or mechanical processes. Normal backyard composting and composting incidental to farming operations are exempted from this use.

      4.   Sewage treatment works: A facility designed for the collection, removal, treatment, and disposal of waterborne sewage generated within a given service area. Includes sewage lagoons and sewage treatment plants. Excludes septic systems.

3500 NUCLEAR WASTE FACILITY: A facility for the disposal or transfer of high-level nuclear waste or greater than Class C radioactive nuclear waste, as defined within State Code section 19-3-303, that is located wholly or partially within the City.

CULTURAL, ENTERTAINMENT, AND RECREATION:

4100 CULTURAL FACILITY: Services to the public, such as but not limited to museums, art galleries, and libraries by a public or private, nonprofit facility.

4200 RECREATIONAL FACILITY: A place, either indoor or outdoor, designed and equipped for the conduct of sports and/or leisure time activities that are operated as a business and/or open to the general public. These facilities are typically operated for a period of greater than thirty (30) days per year. May also include incidental hotel/motel accommodations for up to fifteen (15) rooms.

      1.   Campground: Any area with more than three (3) sites that are improved for occupancy by transients using recreational vehicles, motor homes, mobile trailers, or tents for dwelling, lodging, or sleeping purposes with a maximum duration of stay of two (2) weeks.

4300 SEXUALLY ORIENTED BUSINESS: Seminude entertainment business, sexually oriented outcall services, adult business, and seminude dancing agencies.

TRADE, WHOLESALE, AND RETAIL:

5100 RETAIL/COMMERCIAL SALES AND SERVICE: An establishment that provides goods, wares, or merchandise directly to a consumer, where such goods are available for immediate purchase and removal from the premises by the purchaser.

RESOURCE PRODUCTION AND EXTRACTION:

6100 AGRICULTURAL PRODUCTION: The large scale production, keeping, or maintenance, for sale, lease, or personal use of plants useful to man, including crops and products such as vegetables, fruit trees, harvestable and ornamental trees, hay, sod, grain, honey, milk, cheese, and any other agricultural or horticultural products and their storage; wholesale fruits of all kinds, including grapes, nuts, and berries; wholesale vegetables; wholesale nursery, floral, ornamental, and greenhouse products; or lands devoted to a Soil Conservation or Forestry Management Program. Also includes but is not limited to the following specific uses:

      1.   Horticultural Production: The use of land for the growing or production for income of fruits, vegetables, flowers, nursery stock, including ornamental plants and trees, and cultured sod.

      2.   Aquiculture: The commercial cultivation of aquatic life, such as fish, shellfish, and seaweed.

      3.   Agricultural Building: A structure used solely in conjunction with agriculture use, not for human occupancy, and complying with the requirements of section 15A-1-202, Utah Code Annotated, 1953, as amended. To qualify as an agricultural building, the structure must be located outside of a residential area, as defined by section 15A-1-204(11), Utah Code Annotated, 1953, as amended.

      4.   Agricultural Products Storage: The storage of raw agricultural products. This use does not include the commercial slaughtering, the processing and packaging of meat and poultry, or the processing of food stuffs.

      5.   Livestock Production: An agricultural operation or establishment which keeps, feeds, or raises livestock for commercial purposes and as a principal land use. These include piggeries, dairies, dairy and beef cattle ranching, feedlots, chicken, turkey and other poultry farms, rabbit and mink farms, apiaries, and aviaries.

      6.   Grazing: The feeding of livestock or horses where more than fifty percent (50%) of the feed is produced on the immediate parcel and available to the animals as in-place vegetation to sustain life.

6110 PRODUCE STAND: A temporary building or structure, not to exceed a gross floor area of two hundred fifty (250) square feet, from which agricultural products are sold. May also involve the accessory sales of other unprocessed foodstuffs, home processed food products such as jams, jellies, pickles, sauces, or baked goods, and home-made handicrafts. No commercially packaged handicrafts or commercially processed or packaged foodstuffs shall be sold.

6200 AGRICULTURE RELATED SALES AND SERVICE: Establishments selling, renting, manufacturing, or repairing agricultural machinery, equipment, and supplies for use in soil preparation and maintenance, the planting and harvesting of crops, and other operations and processes accessory to local agriculture. Also includes but is not limited to the following specific uses:

      1.   Veterinary Clinic: A facility for the diagnosis, treatment, and hospitalization of animals by a licensed veterinarian, and which may include boarding and outdoor holding facilities.

      2.   Livestock Auction Facility: A structure or structures with associated pens, yards, corrals, and loading and unloading facilities used for the sale of livestock.

6300 CONCENTRATED ANIMAL FEEDING OPERATION (CAFO): A lot or facility as defined by the EPA as meeting or exceeding the standards of a large CAFO.

6400 BOARDING FACILITY: A series of stables, barns, paddocks, and/or other shelters and exercise facilities in which livestock, including cattle, sheep, goats, swine, horses, mules, poultry, etc., are fed, exercised, and/or commercially cared for on a short or long term basis.

6410 LIVESTOCK HUSBANDRY: The raising, or nurturing, and management of domesticated farm animals. See section 10-9-13, "Livestock Husbandry", of this title.

6420 HOUSEHOLD PET: Animals ordinarily kept in a dwelling for personal use and not for commercial purposes. This also includes no more than two (2) adult dogs, two (2) chickens, four (4) pigeons, two (2) mature rabbits, one lamb not over eight (8) months old, and two (2) ducks.

6430 DOG KENNEL: Any establishment, accessory to a dwelling unit and/or adjacent to a neighboring parcel under the same ownership, at which five (5) or more adult dogs are boarded, groomed, bred, raised, and/or otherwise kept. This excludes a single, incidental litter in a twelve (12) month period. A kennel must comply with the following requirements:

      1.   A kennel shall consist of no more than twelve (12) adult dogs.

      2.   All kennel facilities must be a minimum of fifty feet (50') from the property boundary and a minimum of twenty feet (20') from a dwelling.

      3.   Noise levels from the kennel shall not exceed ten (10) decibels (dBA, Leq) above the existing ambient noise levels at the property line at any time of day or night. A sound level impact and assessment report prepared and signed by a qualified professional must be provided at the time of application to support the same.

6500 MINERAL EXTRACTION: The extraction of metallic and nonmetallic minerals or materials; including the accessory uses of rock crushing, screening, and the storage of explosives; except where such excavation is for purposes of grading for a building lot or roadway, where grass sod is removed to be used for landscaping, or where materials are excavated from a lot for use on that same lot or an adjoining parcel by the owner of the property. This also includes stone quarries and sand/gravel pits and all other associated requirements as identified by title 7, chapter 3 of this Code.

6510 EXCAVATION, TOPSOIL MINING OR EXTRACTION: See section 7-3-2 of this Code.

MANUFACTURING INDUSTRIES:

7100 GENERAL MANUFACTURING: The manufacture, processing, and assembling of products by mechanical or chemical processes. Typically includes but is not limited to the manufacturing of rock products (including concrete/asphalt plants); metal products; wood products (including saw mills and pulp factories); plastic components; and the commercial processing of animal products (meat, dairy, eggs, etc.).

7110 AGRICULTURAL MANUFACTURING: The processing of agriculturally based products where seventy five percent (75%) or more of the goods are grown directly on the property or on adjacent property that is operated by the owner of the agricultural manufacturing business. Includes any value added agricultural processing including but not limited to: honey processing, juice production from orchards or berries, meat or fish processing (smoking, jerky, cured meats, etc.), processing of vegetables, etc.

7200 STORAGE AND WAREHOUSING: A structure(s) containing storage space(s) of varying sizes that are affiliated with commercial or industrial uses. Such facilities are to be used for dead storage only. No business activities may be conducted from a storage facility other than those that are clearly ancillary to the primary business. Also includes the following specific uses:

      1.   Storage Yard: The storage of large equipment and vehicles (either construction or transport); bulk construction materials (soil and rock products or building materials); and buildings or structures for uses such as offices or repair facilities.

7210 SELF SERVICE STORAGE FACILITY: A building or group of buildings divided into separate compartments used to meet the temporary storage needs of small businesses, apartment dwellers, and other residential uses; and may include refrigerated or climate controlled facilities.

7300 TRANSPORT SERVICES: An establishment engaged primarily in the loading and unloading of freight onto tractor trucks or the dispatch of tractor trucks which will be used to haul freight. May also include services for the fueling, servicing, repair, or parking of trucks or similar heavy commercial vehicles. Excludes the parking of a single truck by an owner/operator at their place of residence and trucks owned and operated by an agricultural entity engaged in the transport of seventy five percent (75%) or more of that owner's agricultural products. (Ord. 18-01, 1-16-2018; amd. Ord. 20-02, 5-19-2020; Ord. 20-05, 11-17-2020)

   A.   For the purpose of this title, certain words and terms are defined as follows. 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 Building Code shall be construed as defined therein.

AGRICULTURE: The science, art or occupation concerned with cultivating land, raising crops, and feeding, breeding and raising domestic livestock and fowl; also farming and the production of crops, livestock or poultry, but excluding concentrated animal operations.

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

APPEAL: A review by the identified appellate body of a final decision of the approving body.

APPEAL AUTHORITY: The person, board, commission, agency, or other body designated by ordinance to decide an appeal of a decision of a land use application or variance.

APPLICANT: The owner of title or agent for property that is the subject of an application.

APPLICATION: The necessary form and all accompanying documents and other materials required by the Land Use Authority for development review purposes.

APPLICATION TO KEEP LIVESTOCK: A request to keep livestock on a parcel that conforms to the requirements of this Code, or to maintain livestock as an authorized pre-existing, nonconforming use.

APPROVAL: A decision signed and issued by the Land Use Authority stating that a proposed use complies with the current City Code.

BASEMENT: A story partly underground. A basement shall be counted as a story for purposes of height measurement if its height is one-half (1/2) or more above grade.

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: The principal building or one of the principal buildings upon a lot, or the building or one of the principal buildings housing the principal use upon a lot.

COURT: An open, unoccupied space, other than a yard, on the same lot with a building or group of buildings and which is bounded on two (2) or more sides by such building or buildings. The width of a court is its least horizontal dimension, measured between opposite sides in the same general direction as the yard or lot line on which the court opens. The length of a court is its least horizontal dimension measured at right angles to its width.

DISTRICT: A portion of the area of Lewiston, Utah, shown on a map attached to the ordinance codified herein, which is on file in the City office, and given a district name.

DWELLING: A building or portion thereof, which is constructed in compliance with the City's adopted Building Codes and designed as a place for human habitation. This does not include hotels, apartment hotels, boarding houses, lodging houses, motels, apartment motels, fraternities, sororities, trailers, or dormitories.

DWELLING UNIT: One or more rooms in a dwelling, apartment hotel or apartment motel, designed for or occupied by one family for living or sleeping purposes and having kitchen facilities for the use of not more than one family (other than hot plates or other portable cooking units).

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" or "hotel", as herein defined. The term "family" shall not be construed to mean a group of nonrelated individuals, a fraternity, club or institutional group.

FINDINGS: Statements of the Land Use Authority identifying the reasons and basis for the action taken; also referred to as findings of fact.

FLOODPLAIN: An area adjoining a river, stream, watercourse, or body of standing water in which a potential flood hazard exists when the area experiences a 100-year storm, including any area designated as a floodplain by the Federal Emergency Management Agency (FEMA) of the United States government. These areas have additional regulations located within title 12 of this Code.

FOWL: As relates to livestock and livestock husbandry, this includes pigeons, chickens, ducks, geese, and pheasants.

FRONTAGE: All property fronting on one side of the street between intersecting or intercepting streets, or between a street and a right-of-way, waterway, end of a dead end street or political subdivision boundary, measured along the street line. An intercepting street shall determine only the boundary of the frontage on the side of the street which it intercepts.

GEOLOGIC HAZARD: A hazard inherent in the crust of the earth or artificially created, which is dangerous or potentially dangerous to life, property, or improvements due to the movement, subsidence, or shifting of the earth. The term includes, but is not limited to, unstable slopes, faults, landslides, and rock fall.

GRADE: 1. For buildings adjoining one street only, the elevation of the sidewalk at the center of that wall adjoining the street.

      2.   For buildings adjoining more than one street, the average of the elevations of the sidewalks 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. All walls approximately parallel to and not more than five feet (5') from a street line are to be considered as adjoining a street.

JUNK: Old or scrap copper, brass, rope, rags, batteries, paper, trash, rubber, debris, waste or junked, dismantled or wrecked automobiles or parts thereof, iron, steel and other old or scrap ferrous or nonferrous material.

LAND USE AUTHORITY: A person, board, commission, department, agency, or other body designated by the legislative body to act upon the land use application.

LAND USE ORDINANCE: A planning, zoning, development, or subdivision ordinance of the Municipality, but does not include the General Plan.

LIVESTOCK: Domesticated farm animals (i.e., cows, horses, sheep, goats, fowl, and rabbits), but does not include cats, dogs, or a household pet as defined in this Code.

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. Not more than one dwelling shall occupy any one lot.

LOT, CORNER: A lot abutting on two (2) intersections 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.

LOT/PARCEL COVERAGE: The percentage of the area of a lot/parcel which is occupied by covered structures. At the discretion of the Planning Commission, the design of the remaining open space shall be reviewed and approved by the Planning Commission.

NATURAL WATERWAYS: Those areas, varying in width, along streams, creeks, springs, gulleys or washes which are natural drainage channels as determined by the building inspector, in which areas no buildings shall be constructed.

NONCONFORMING BUILDING OR STRUCTURE: A building or structure or portion thereof, lawfully existing at the time the ordinance codified herein, or an amendment to it, 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, or an amendment to it, became effective and which does not conform with the use regulations of the zone in which it is located.

PARKING LOT: An open area, other than a street, used for the temporary parking of more than four (4) automobiles and available for public use, whether free, for compensation, or as an accommodation for clients or customers.

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

PLANNING COMMISSION: An official body of Lewiston City as authorized by the laws of the State of Utah, to perform those duties as allowed by State law and this title.

PROPERTY LINE: The boundary line of a lot, parcel, or tract of land.

PUBLIC HEARING: As defined by section 17-27a-103, of Utah Code Annotated, 1953, as amended.

PUBLIC MEETING: As defined by section 17-27a-103, of Utah Code Annotated, 1953, as amended.

RESTRICTED LOT: A parcel of land severed or placed in separate ownership after August 1, 1995, and which does not meet all area, width, yard, frontage and other requirements of the ordinance codified herein for a lot, or a parcel of land which does meet all the requirements of the ordinance codified herein for a lot, but the creation of which has caused any adjacent or contiguous lot from which it was severed to be insufficient in area, width, setback, yard, frontage or other requirements of this title.

ROOMER: One who occupies a hired room in another's house.

SETBACK: The minimum required distance between any structure and the property lines of the lot in which it is located. The front, rear, and side setbacks are defined as follows:

      1.   Front: The area of a lot or parcel of land extending across the frontage and being the minimum horizontal distance between a street or road right-of-way/easement line and the principal building or any projection thereof other than steps, unenclosed balconies and unenclosed porches. The front setback of a corner lot is the area adjacent to the designated front lot line.

      2.   Rear: The area of a lot or parcel of land extending across the rear width and being the minimum horizontal distance between the primary building, or any projection thereof other than steps, unenclosed balconies and unenclosed porches, and the rear lot line.

      3.   Side: An area of a lot or parcel of land extending between the side lot line and the principal building or any projection thereof other than steps, unenclosed balconies and unenclosed porches.

      4.   Other: Any distance required between a structure or site improvement and a set feature (i.e., floodplain, geologic hazard, accessory building, etc.).

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.

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.

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

USE, CONDITIONAL: A land 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. Also see chapter 13, "Conditional Uses", of this title.

UTILITIES: All lines and facilities related to the provision, distribution, collection, transmission, or disposal of water, storm and sanitary sewage, oil, gas, power, telecommunication and telephone cables and the generation of power as further defined herein.

VARIANCE: As defined by section 17-27a-702, of Utah Code Annotated, 1953, as amended.

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: The required space on the same lot with a building, existing or proposed,

      1.   Between the front line of the building (exclusive of steps) and the front lot line, or;

      2.   Forty feet (40') from the center of the immediately adjacent road/street plus thirty feet (30');

      3.   Whichever of the two (2) measured distances creates the greatest distance between the immediately adjacent road/street right-of-way or property line and the front line of the building (exclusive of steps), 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 chimneys) 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 lines 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 portion of the area of Lewiston, Utah, shown on the zoning map attached to the ordinance codified herein, which is on file in the City office, and given a zone name; and may include one or more "districts", as defined and designated by this title. (Ord. 18-01, 1-16-2018; amd. Ord. 20-02, 5-19-2020)