For the purpose of this Title, the following words and phrases shall, unless defined differently in a particular section, have the meanings respectively ascribed to them:

Agriculture. The growing of crops. It shall not include livestock-raising activities. The retailing of crops that are grown on-site will be allowed in all residential, commercial and resort zones, as outlined in 16.13.

Agricultural Product. Any product which is derived from agriculture.

Aquaculture. The controlled cultivation of aquatic animals.

Aquaponics. The symbiotic cultivation of plants and aquatic animals in a recirculating environment.

Aquaculture Facility. Any tank, canal, raceway, pond, off-stream reservoir, or other structure used for aquaculture.

Boarding House. A building containing not more than one kitchen, where for compensation, meals are provided pursuant to previous arrangements on a daily, weekly, or monthly basis as distinguished from a motel, café, or rooming house.

Building. Any structure built for the support, shelter, or enclosure of persons, animals, or property of any kind.

1. Building, Accessory. A subordinate building, located on the same Lot as the main building, the use of which is incidental to that of the main building as outlined in Chapter 16. Accessory buildings are structures including, but not limited to, the following: detached garages, sheds, playhouses, treehouses, storage buildings, pergolas, garden structures, greenhouses, barns, boathouses, pool houses, cabanas, and other similar buildings. Barns, when located on an agricultural parcel, are not a subordinate structure and may be constructed as the main building.
2. Main Building. One or more of the principal buildings upon a lot.
3. Building Line. A line designating the minimum distance which buildings must be set back from a street or lot line.

Cannabis. Cannabis means marijuana. Utah Code Ann. § 26-61a-102.

Cannabis Production Establishment. Shall mean a cannabis cultivation facility, a cannabis processing facility, or an independent cannabis testing laboratory, as those terms are defined in §4-41a of the Utah Code. (as amended.) Cannabis Production Establishment shall not include the production of “Industrial Hemp” as this term is defined in Utah Code Ann. § 4-41-102(2), as the production of Industrial Hemp is regulated by Utah Code Ann. § 4-41-100 et. seq.

Carport. A structure with one or two or no walls for the shelter of automobiles.

Clinic. A building used for the diagnosis and treatment of ill, infirm, or injured persons, but which building does not provide board, room, or regular hospital care and services.

Club. A building used, occupied, and operated by an organized association of persons for social, fraternal, religious, or patriotic purpose, whose activities are confined to the members and their guests, but shall not include any organization, group or association, the principal activity of which is to render a service usually and ordinarily carried on as a business.

Common Area. Property that a community association, as defined in Utah Code, owns, maintains repairs or administers.

Compost. Organic matter that has been decomposed and recycled as a fertilizer and soil amendment.

Conditional Use. A use which requires a recommendation from the Planning Commission and an approval from the City Council prior to the Zoning Administrator issuing a permit for construction or prior to the use commencing. Also, a use which requires individual consideration of surrounding conditions and circumstances prior to approval. Approval by the Planning Commission or City Council may be given with conditions.

Convenience Store/Shop. Establishments which are designed and intended to serve the daily or frequent trade or service needs of surrounding population. Such establishments typically include grocery stores, variety stores, drug stores, coin operated laundry, dry cleaning, beauty shops, barber shops, or a combination thereof. Convenience stores do not include repair garages, automobile sales or service, or clothing stores.

Convalescent Home/Rest Home. A building for the care and keeping of elderly or infirm people afflicted with infirmities or chronic illness.

Cottage Industry. One of a list of identified limited business activities authorized to operate out of a person’s home in a residential zone which is secondary to the residential use of the property and does not alter the character of the residential neighborhood. Employment is limited to legal residents of the home, clients and client vehicles are restricted in number, and all business activity must be conducted within the primary dwelling unit. A list of recognized cottage industries and applicable restrictions are set forth in this Chapter.

Curb Cut. A cut in the curb line for the passage of vehicles.

Density.

1. Gross Density. The number of dwelling units per gross acre of land in a project.
2. Net Density. The number of dwelling units per acre within a specified area in a project.

Drive-in (Retail). Any form of merchandising, serving, or dispersing of goods in which the customer is serviced while in his/her automobile.

Dwelling Unit. Any building, structure or portion thereof which is occupied as, or designed or intended for occupancy as, a residence by one or more families, and any vacant land which is offered for sale or lease for the construction or location thereon of any such building, structure, or portion thereof.

Environmental Assessment Review Statement. A statement prepared by an engineer in conjunction with a geologist, or other person qualified by training or experience, as determined by the Planning Commission, which indicates or describes the impact that the development will likely have on the natural features of the immediate area, and which describes the measures that will be taken to lessen the occurrence of adverse conditions. The impact statement shall describe the impact the development will likely have on the natural features of the immediate area. The statement shall also indicate the measures that will be taken to mitigate any negative conditions that will occur as a result of the project with respect to:

1. Control of erosion within the project area.
2. Re-seeding of cuts and fills.
3. Provisions for potable water, including ability of existing or proposed infrastructure to deliver culinary water, provide fire flow, water storage capacity, and any other concerns of the City Engineer.
4. Disposition of geologic hazards which will be hazardous to safety or any aspect of the development. Special attention shall be given to the discussion concerning soil conditions. A soils engineer shall be consulted in the preparation of the impact statement. The statement shall include preliminary information concerning the existing water table, bed rock conditions, road design criteria, and approximate cost estimates for utility installation.
5. Provisions for proper disposal of sanitary sewer wastes, including ability of existing or proposed infrastructure to take sewer water, provide for treatment and storage capacity for treated effluent in the existing facility, and any other concerns of the Midway Sanitation District and Heber Valley Special Service District engineers.
6. Prevention of the accumulation of weeds and debris both during construction of the infrastructure and throughout the build out of the entire project, including if a project is to be phased into more than one plat.
7. Disposition of existing vegetation and the establishment of new vegetation.
8. Disposal of surface water run-off and conditions relating to flood hazards for a 25-year, 24-hour storm disposal of storm water run-off in relation to off-site requirements. Study shall also show the effects of a 100-year storm on the development and affected surrounding areas as directed by the City Engineer.
9. Costs of services or facilities (both off-site and on-site), which may devolve upon the public as a result of the construction of the project, as planned.
10. Study declaring existence of and showing protection for wetlands, wildlife habitat (including migration patterns) ridgelines/hillsides, stream corridors, subsurface or surface geothermal features and mounds (whether active or not), and other natural features as required in the Sensitive Lands Overlay Zone Chapter of this Title.
11. Provisions for disposal of solid wastes.

Exaction. A requirement imposed as a condition of land use that is subject to the following standard. The City may impose an exaction or exactions on proposed land use development if:

1. An essential nexus exists between a legitimate governmental interest and each exaction; and
2. Each exaction is roughly proportionate, both in nature and extent, to the impact of the proposed development.

Family. One or more persons living together as a single housekeeping unit in a dwelling unit.

Fence, Decorative. A fence up to six (6) feet in height of which no more than the lower five (5) feet is sight obscuring. The top foot or more of the fence must be non-sight obscuring which permits vision through more than fifty percent of each square foot. A chain link or barbed wire fence is not considered decorative.

Fence, Sight-Obscuring. A fence having a height of at least six feet above the general surrounding grade of the area which permits vision through not more than ten percent of each square foot. General grade shall be determined by the Zoning Administrator or referred to the Planning Commission for their determination.

Final Completion. All items required in “Substantially Complete” plus all street lights, street signs, and roadway striping. The entire development or phase of the development shall be complete and functioning as shown on the construction plans and as determined by the City Engineer.

Floor Area, Gross. The total of all square footage within a given structure measured from outside faces of each wall.

Fractional Numbers and Measurements. In meeting the requirements of this Title, all fractions of numbers above one-half shall be construed to mean the next highest whole number. All fractions one-half or less shall be construed to mean the next lowest whole number.

Frontage. The distance between the two (2) side lot lines of a parcel, measured along the street (or, on a corner lot, streets) which the parcel is allowed to access. Corner lots shall have the required minimum lot frontage on both streets. For purposes of this title, temporary turnarounds, dead ends of roadways, or emergency accesses shall not be used as frontage.

Garage, Private. A building or part thereof designed for the parking or temporary storage of automobiles of the occupants of the premises.

General Plan. A coordinated plan which has been prepared and adopted by the Planning Commission and City Council for the purpose of guiding development. The plan may include, but is not limited to, a plan of land use, circulation, housing, public facilities and identified City goals and objects.

Grade, Natural. Elevation of the existing surface of the land prior to commencement of construction of any improvements proposed or any previous site disturbance. Natural grade, when not readily established due to prior modifications in terrain, shall be fixed by reference elevations and slopes at points where the prior disturbance appears to meet the undisturbed portions of the subject property or the undisturbed grade of adjacent properties. The estimated natural grade shall tie into the elevation and slopes of adjoining properties without creating a need for new retaining walls, or abrupt differences in the visual slope and elevation of the land, and not change the direction or flow of run-off water.

Greenhouse, Agricultural. A structure or portion of a structure usually made of glass or other translucent material, for which the primary purpose is the cultivation or the production of wholesale: nursery stock, annual or perennial flowers, fruits, vegetables or landscaping plants. This could include hydroponics or plants grown in soil. Aquaculture and aquaponics may be allowed on a case-by-case basis upon consideration of all relevant factors, including but not necessarily limited to past experience.

Greenhouse, Personal. An accessory building on residential property in which plants are grown for personal use by the owner and/or residents of the property. No commercial uses or sales are permitted. Personal greenhouses are subject to all of the standards and restrictions for accessory structures in the specific underlying zoning district section of the municipal code and are limited to a maximum area of one thousand (1,000) square feet and a recommended greenhouse height of twenty-five (25) feet. The maximum height shall not exceed thirty-five (35) feet. Requests exceeding one-thousand (1,000) square feet require a conditional use permit.

Grow Light or Plant Light. An artificial light source, generally an electric light, designed to stimulate plant growth by emitting an electromagnetic spectrum appropriate for photosynthesis. Grow lights are used in applications where there is either no naturally occurring light, or where supplemental light is required.

Guest. A person staying or receiving services at a hotel, motel, boarding house, rooming house, house, rest home, or similar use.

Height of Building. The vertical distance from natural grade to top of the highest portion of the roof at any point directly above.

Home Occupation. Any occupation conducted within a dwelling which is clearly secondary in importance to the home as a dwelling or place to live and carried on only by persons residing in the dwelling and where customers do not come to the home to conduct business. In other words, the business is conducted over the telephone or Internet and any products are shipped to the customer. The business owner does paperwork within the home and any meetings with or services to clients are rendered away from the home (such as an accountant, decorator or consultant).

Hydroponics. The cultivation of plants in a nutrient-rich solution rather than in soil under controlled conditions of lights, temperature, and humidity.

Industrial Hemp. Any part of a cannabis plant, whether growing or not, with a concentration of less than 0.3% tetrahydrocannabinol by dry weight. Utah Code Ann. § 4-41-102(2).

Junk Yard. A place where scrap, waste, discarded, or salvaged materials are bought, sold, exchanged, disassembled, or handled or stored, including auto wrecking yards, house wrecking yards, used lumber yards, and places or yards for storage of salvaged house wrecking and structural steel materials and equipment, but not including such places where uses are conducted entirely within a completely enclosed building or where salvaged materials are kept incidental to manufacturing operations conducted on the premises.

Kennel. Land or buildings used in the keeping of four or more dogs over four months old.

Landscaping. Some combination of planted trees, shrubs, vines, ground cover, flowers, or lawns. In addition, the combination of design may include rocks and such structural features as fountains, pools, art works, screens, walls, fences, walks, or benches, but such objects alone shall not meet the requirements of this Title. The selected combination of objects for landscaping purposes shall be arranged in a harmonious manner as determined by the Planning Commission.

Land Use Plan. A plan recommended by the Planning Commission and adopted and maintained by the City Council, which shows how land should be used. It is also an element of the General Plan.

Large Scale Development. A development that contains two or more main buildings on a zoning lot and which development is planned and developed as a single entity.

Livestock. Cattle, sheep, goats, horses, mules, poultry, or any other domestic animal or domestic furbearer.

Livestock Corral. A place or pen where livestock are kept on a seasonal basis as part of an agricultural operation as distinguished from a livestock feed yard.

Living Open Space. That portion of the yard on a zoning lot which is not used by automotive vehicles, but reserved for outdoor living space, recreational space and landscaping.

Lodging/Rooming House. A building, where for compensation, rooming and sleeping accommodations are provided for four or more persons pursuant to previous arrangements on a daily, weekly, or monthly basis. Not a motel or hotel.

Lot. A single parcel or tract of land.

1. Lot, Corner. A lot situated at a junction of two public streets or situated on a curved street where the radius of the curve is 35 feet or less and where the angle formed by the intersection of the tangent is 105 degrees or less.
2. Lot, Interior. A lot other than a corner lot.
3. Lot of Record. A lot designated in an approved subdivision or a lot legally created, said lot or subdivision being created prior to the current zoning designation. This lot would be recorded pursuant to statute in the County Recorder's office. A lot of record may or may not coincide with zoning requirements.
4. Double Frontage Lot. An interior lot bounded by two or more abutting street lines that do not intersect. For the purposes of the land use code, any lot with less than fifty (50) feet from the rear lot line to a street right-of-way shall be considered a double fronted lot.

Manufactured Home. See State of Utah law and definitions.

Manufactured Home Park. An area or tract of land used to accommodate manufactured homes.

Mixed Use. A development in the commercial zone that blends a combination of residential and commercial uses where structural functions are physically and functionally integrated and provide a stronger neighborhood character and more compact development.

Modular Home. See State of Utah law and definitions.

Mobile Home. See State of Utah law and definitions.

Motel. One or more buildings containing individual sleeping rooms or living units designed for use by automobile tourists or transients with parking spaces conveniently located by each unit.

Non-Complying Structure. A structure that: (a) legally existed before its current land use designation; and (b) because of one or more 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.

Non-Conforming Building. A building, structure, or portion thereof, which does not conform to the regulations of the Title applicable to the zone or district in which such building is situated but which was in existence on the effective date of this Title.

Non-Conforming Use. A use of land that:

Legally existed before its current land use designation;

1. Has been maintained continuously since the time the land use ordinance governing the land changed; and
2. Because of one or more subsequent land use ordinance changes does not conform to the regulations that now govern the use of the land.

Nursery/Day Care. A home or building in which children are tended or kept for compensation. Does not include overnight accommodations for such children.

One-Family or Single-Family Dwelling. A building designed for use as a one-family or single-family residence as outlined in Chapter 16.

Parking Space. Space within a building or parking area, exclusive of driveways, ramps, columns, office and working area, for the parking of a motor vehicle, not less than 20 feet in length and not less than nine feet in width.

Pasturing of Animals. Keeping of farm animals in an enclosure, in which no feed is provided except that which the animals obtain by grazing except during the months of October through May, when supplemental feeding will be tolerated. The function of this provision is to reduce the impact of animals on the land to preserve non-weed species of plants as ground cover in all areas where animals are enclosed, except for corals and pens on farms which are permitted in their zones or are valid non-conforming uses. Farm animals may only be kept in numbers allowed under the point system in this Title. The intent of this section is to allow animals to graze off grass and weeds from pastures where animals are not allowed as a permitted use.

Planned Unit Development (PUD). A tract of land which is planned and developed as a single entity, wherein the requirements applying to all buildings and improvements are modified to conform to the approved plan. For the purposes of this Title, condominium projects shall be processed under the PUD requirements when meeting the PUD standards and requirements and the condominium requirements of the laws of the State of Utah.

Planting/Landscape Plan. A plan showing the location, type, and size of plants. It shall indicate irrigation equipment, curbs, berms and other protective features around the edge of the planting beds.

Public Parks and Playgrounds. A tract of land which is owned by the public and which has been partially or totally developed or designated for recreational purposes.

Rest/Nursing/Convalescent Home. A building for the care and keeping of elderly or infirm people afflicted with infirmities or chronic illnesses.

Recreational Vehicle Camper/Travel Trailer/Motor Home. A vehicle unit, other than a mobile or manufactured home, primarily designed as a temporary dwelling for travel, recreational and vacation use, which is either self-propelled or is mounted on or pulled by another vehicle, including but not limited to: a travel trailer having a width of eight feet or less and a length of 32 feet or less, a camping trailer having width of eight feet or less and a length of 32 feet or less, a truck camper, and motor home comprised of a self-propelled vehicle primarily designed as a temporary dwelling for travel, recreational use, and vacation use.

Recreational Vehicle Court. An area or tract of land used to accommodate two or more recreational vehicles.

Salvage Yard. See "junk yard."

Setback. The shortest distance between the property line and the foundation, wall, or a framing member of the building supporting a floor or roof (a deck shall not be considered a floor; however, a support for a roof over a deck shall be the point for measuring setbacks).

Sign. Any device for visual communication that is used for the purpose of bringing the subject thereof to the attention of the public, but not including a flag pole.

1. Sign, Accessory. A sign which directs attention to a business or profession, conducted on the premises.
2. Sign, Area of. The area of a sign shall be considered to include all lettering, wording, and accompanying designs or symbols together with any background material, whether painted or applied. Where a sign consists of individual letters attached to or painted on a building or wall or window the area of the sign shall be considered to be that of the smallest rectangle which encompasses all the letters or symbols.
3. Sign, Non-accessory Billboard. A sign which directs attention to a business, commodity service, or entertainment, which is conducted, sold, or offered elsewhere than on the premises.

Single Housekeeping Unit. A Single Housekeeping Unit shall mean one person or two or more individuals who:

1. Are living together sharing household responsibilities and activities which may include sharing expenses, chores, eating evening meals together and participating in recreational activities and having close social economic and psychological commitments to each other;
2. Are not legally dependent on others not living with them;
3. Legally share in the ownership or possession of the premises. E.g., tenants in common or joint tenants on a deed or cosigners of a single lease.

A Single Housekeeping Unit does not include a common living arrangement whose basis is temporary or financial in nature, except that:

1. A Single Housekeeping Unit may include not more than three persons, where such persons, for compensation, are provided room or meals for more than 30 days at a time as distinguished from a motel or boarding house; or
2. In the case of a Residential Facility for Elderly Persons or Persons with a Disability operated pursuant to Section 16.18, as distinguished from a motel, or boarding house, a Single Housekeeping Unit may include not more than eight persons, together with a maximum of two additional qualified persons acting as resident staff, houseparents, or guardians.

Street, Private. A street located on private property, for which the City has no responsibility.

Street, Arterial or Collector. A principal thoroughfare, as shown or designated in the Comprehensive Street Plan.

Street, Local. Any dedicated street serving as the principal means of access to property, which street is not shown on the Comprehensive Street Plan, as a principal thoroughfare.

Subdivision. The division of a tract, lot, or parcel of land into two or more lots, plots, sites, or other division of land for the purpose, whether immediate or future, of sale or for building development.

Substantially Complete. The culinary water, secondary water, sewer, and storm water, must be installed and tested as a complete system. All road base, asphalt roads, curb, gutter, sidewalks and/or trails, must be installed. All electrical and natural gas utilities installed, and all utility conduits have been installed as a complete and functioning system.

Swiss/Alpine Architecture. Compliance with Swiss Architecture as stated in this Title shall be determined by the City Council following a recommendation by the Vision Architectural Committee.

Variance. A waiver of a specific regulation of this Title granted by the Board of Adjustment in accordance with the provisions set forth in this Title for the purpose of assuring that no property, because of special circumstances applicable to it, shall be deprived of privileges commonly enjoyed by other properties in the same zone.

Width. The distance between the two (2) side lot lines of a parcel measured at the required minimum building setback. Corner lots shall have the required minimum lot width at the required setback on both streets.

Yard. An open space on the same lot with a building unoccupied or unobstructed from the ground upward, except as otherwise provided in this Title.

1. Yard, front. The minimum horizontal distance between the street line and the front line of the building or any support posts for projections thereof, excluding non-enclosed steps. On a corner lot, the front yard may be applied to either street.
2. Yard, Rear. An open area or unoccupied space on the same lot as a building, measured from the rear line of the building (exclusive of steps) to the rear line of the lot, and extending for the entire width of the lot. On a corner lot, the rear yard may be applied to either of the interior lot lines, but does not enter the front or side yard, which faces the street.
3. Yard, Side. The open space between the building and the sideline of the lot and extending from the front yard to the rear lot line. On a corner lot, one of the side yards must face upon the remaining street after the front yard street frontage has been designated.

Zoning Lot. A tract of land designated for purposes of this Title as the development site. A zoning lot may or may not coincide with a lot of record.

(2010-12, Chapter Amended, eff. 6/2/2010; 2010-16, Chapter Amended, eff. 6/16/2010; 2011-12, Section Amended, 12/25/2011; 2012-13, Section Amended Addition of Definitions, eff. 5/9/2012; 2013-02, Sections Added & All Renumbered, Eff. 5/8/2013; 2013-15, Section Amended, eff. 3/18/2015; 2014-07, Section Amended, eff. 06/10/2015; 2018-12, Section Amended, eff. 04/11/2018; 2020-18, Sub-Section 16.02(49)(d) Added, eff. 2/24/2021; 2021-02, Section Amended, eff. 2/24/2021; 2021-19, Section Amended, eff. 09/01/2021)