For the purpose of this title, certain words and terms are defined as set out in this chapter. Additional definitions may be found in MKC 14.60. Words used in the present tense include the future; words in the singular number include the plural and the plural the singular; and words included herein but defined in the building code shall be construed as defined therein.

Defined words and terms are organized alphabetically.

A
Abut or Abutting or Adjoining means immediately contiguous to, or physically touching, and when used with respect to lots, parcels, or development sites, means two lots, parcels, or development sites that share a common property line, including property separated by an alley, a private right-of-way or a utility strip.

Access means the ability for vehicles or pedestrians to enter or exit a site or building at a designated location.

Access Strip means the portion of a flag lot that connects the main body of the flag lot to a public street and that includes a driveway for vehicular access.

Accessory Uses and Buildings or Structures means a subordinate use or structure customarily incidental to and located upon the same lot occupied by a main or primary use.

Active Fault means a fault displaying evidence of greater than four inches of displacement along one or more of its traces during Holocene time (about 10,000 years ago to the present).

Active Recreation Areas means areas of the landscape dedicated to active play where lawn may be used as the playing surface such as sports fields.

Activity Zones means portions of the landscape designed for recreation or function, such as storage areas, fire pits, vegetable gardens, and playgrounds.

Adaptive Reuse means the process of repurposing a building for a use other than what it was built or designed for.

Affected Property Owners Within a Subdivision means property owners who have a direct interest in, or will be directly affected by, a proposed subdivision amendment or lot line adjustment, including the applicant.

Affected Entities means individuals, organizations, or governmental bodies that have a stake or are impacted by a proposed regulation or land use decision.

Affordable Housing means housing occupied or reserved for occupancy by households with the following gross household income levels:

• Very Low-income Housing means housing occupied or reserved for occupancy by households with a gross household income equal to or less than 30% of the median gross income for households of the same size in the county in which the housing is located.
• Low-income Housing means housing occupied or reserved for occupancy by households with a gross household income between 30% - 50% of the median gross income for households of the same size in the county in which the housing is located.
• Moderate-income Housing means housing occupied or reserved for occupancy by households with a gross household income between 50% - 80% of the median gross income for households of the same size in the county in which the housing is located.

Agriculture, Commercial means tilling of soil, horticulture, raising crops, raising animals, and commercial greenhouses with the intent of selling the products for profit. Commercial agriculture includes the keeping or raising of domestic animals, except household pets or fowl, and not including any agricultural industry or business such as fruit-packing plants, fur farms, animal hospitals, or similar uses.

Agriculture, Noncommercial means tilling of soil, horticulture, raising crops, raising animals, and noncommercial greenhouses associated with residential uses, but not including the keeping or raising of domestic animals, except household pets or fowl, and not including any agricultural industry or business such as fruit-packing plants, fur farms, animal hospitals, or similar uses.

ALTA Survey means a standard survey format proposed by the American Land Title Association and the American Congress on Surveying and Mapping.

Antenna means a communication equipment that transmits or receives electromagnetic waves.

Animal Care, Grooming, Boarding, Daycare means a facility where dogs, cats or other domestic animals are provided care such as grooming, daycare, or overnight boarding.

Apiary means a place where one or more colonies of bees are located.

Architectural Feature means a decorative feature built into the design and construction of the building in addition to the occupiable space of the building. Such features may include but are not limited to overhangs, eaves, railings, bay windows, pelmets, façade variations, and cupolas.

Architectural Lighting means lighting of building surfaces, landscape features, statues, and similar items for the purpose of decoration, safety, or ornamentation.

Artisan Commercial means an establishment with retail offerings that also provides repair services or custom manufacturing of specialty items. Examples include bicycle repair, computer repair, jewelry repair, shoe repair, tailoring, custom picture framing, furniture repair, musical instrument repair, florist shops or other similar specialties.

Assistance Animal means a domestic animal trained to lead, guide, or assist a person with a disability.

Automobile, Equipment, or Recreational Vehicle Sales or Rental means a business involved in selling, leasing, and renting new or used automobiles, equipment, commercial vans, trucks, semi-trailer trucks, motorcycles, recreational vehicles, or boats. This use may also include on-site service, repair, and washing,

Automobile Service and Repair means an establishment primarily engaged in providing motor vehicle repair and maintenance, including activities such as lubrication, oil and tire changes, engine tune-ups and repair, brake repair, tire replacement, installation of after-market accessories such as window tinting, transmission or differential repair, automotive painting, and body and fender work. Automobile Service and Repair does not include impound and tow lots, salvage yards, or junk yards.

Avalanche means a large mass of snow, ice, and debris in swift motion down a slope, including both wet and dry snow avalanches.

Aviary means any pen or run enclosed by wire or similar materials located immediately adjacent to a coop, into which fowl can only enter directly from the coop.

B

Bank or Financial Institution means an establishment that provides retail banking services, mortgage lending, or similar financial services to individuals and businesses. This classification includes credit unions, savings institutions, and Automated Teller Machines (ATMs) located within a fully enclosed space or building, or along an exterior building wall intended to serve walk-up customers only. It does include a Non-Depository Financial Institution.

Bed and Breakfast means a residential dwelling with a maximum of six (6) guestrooms, is occupied by the owner or individual responsible for operating the facility and used for accommodations or lodging of guests paying compensation. Guest rooms have no provision for cooking in any individual guest room. Breakfast may be served during the morning hours. Lunch or dinner may not be served. This use shall not change the character of the dwelling or property for residential purposes and shall meet the requirements of the health department and the City fire service provider.

Bedroom, for the purpose of establishing a minimum parking requirement, means any room within a dwelling that:

• is designed, configured, and intended to be used for sleeping purposes, and can accommodate at least one full-sized bed.
• has adequate natural lighting and ventilation through a window or other acceptable means, as determined by the building code.
• has a minimum floor area of 70 square feet that can accommodate furniture and necessary living functions.
• Includes at least one doorway that provides ingress and egress for occupants.
• is intended to be used as a sleeping room for the duration of occupancy and is not a passageway or access corridor.

Benchmark means a mark affixed to a permanent object along a line of survey to furnish a datum level.

Billboard Bank means an accounting system established by the City to keep track of the number of billboard signs and the square footage of each billboard sign removed.

Billboard Credit means an entry into a billboard owner's billboard bank account that indicates the number of billboard sign locations and the square footage of each billboard sign.

Billboard Owner means the owner of a billboard in Millcreek.

Block means a group of platted lots surrounded by streets or other features interrupting the street network such as parks, railroad rights-of-way, or municipal boundary lines. Boundary Adjustment means an agreement between adjoining property owners to relocate a common boundary that results in a conveyance of property between the adjoining lots, adjoining parcels, or adjoining lots and parcels. "Boundary adjustment" does not mean a modification of a lot or parcel boundary that creates an additional lot or parcel; or is made by the Utah Department of Transportation.

Boundary Adjustment, Full means a boundary adjustment that is not a simple boundary adjustment and that does not result in a lot or parcel that crosses a zone district boundary.

Boundary Adjustment, Simple means a boundary adjustment that does not affect a public right-of-way, municipal utility easement, or other public property; an existing easement, onsite wastewater system, or an internal lot restriction; or result in a lot or parcel out of conformity with land use regulations, including a lot or parcel that crosses a zone district boundary.

Buffer, Landscape means an area of natural or planted vegetation adjacent to or surrounding a land use to screen and soften the effects of the land use.

Buildable Area means that portion of a site, within the required setbacks of the underlying zone, where an approved engineering geology and/or geotechnical report, as required, has indicated that it is not impacted by geologic hazards or concluded that the identified hazards could be mitigated to a level where the risk to human life and property are reduced to an acceptable and reasonable level, and where structures may be safely sited. Buildable areas must be clearly marked on the site plan and final approved plat, as appropriate.

Building means a roofed structure, supported by columns or walls, used for shelter meeting requirements of the Building Code and all the requirements of this title.

Building or Structure, Accessory means a building or structure which is incidental and subordinate to the use of the main building on the lot or parcel.

Building, Principal, Primary, or Main means a building which is integral to the principal use to which the premises are devoted, and which is usually the largest building or among the largest buildings on the lot or parcel.

Building Height

1. "Height of building" means the vertical distance above the lowest original ground surface or “existing grade” at any point on the perimeter of the building to the highest point of the coping of a flat roof or the deck line of a mansard roof, or the highest point of pitched or hipped roofs, or gambrel roofs.
2. Buildings may be stepped to accommodate the slope of the terrain provided that each step shall be at least twelve feet in the horizontal dimension. The height of each stepped building segment shall be measured as required in subsection A.
3. Original ground surface, or “existing grade,” shall be the elevation of the ground surface in its natural state before any human-caused alterations including but not limited to grading, excavation, or filling, excluding improvements required by zoning or subdivision ordinances. When the elevation of the original ground surface is not readily apparent, the Planning Director shall determine the elevation of the original grade using one of the following methods:
   1. The original grade established related to the most recent building permit activity on the property.
   2. Referencing the original grade where the developed area appears to meet the undeveloped portions of the land. The estimated grade shall tie into the elevation and slopes of adjoining properties without creating a need for the new retaining wall, abrupt differences in the visual slope and elevation of the land or redirecting the flow of runoff water.

Building Orientation means the position or alignment of a structure on a lot or parcel relative to key factors such as cardinal directions, street frontage, setbacks, topography, solar access, views, and climate elements.

Build to Line means a requirement that dictates the exact location where a building's façade must be constructed relative to the property line, typically along a street or public right-of-way, as defined by a line parallel to the property line, ensuring a uniform or consistently articulated façade line along a street.

Building Setback Line means a line within a lot or other parcel of land between which line and the adjacent property boundary the erection of an enclosed structure or portion thereof is prohibited.

C

Campground means land made available to persons for temporary outdoor lodging by tent, recreational vehicle, or similar resource. “Campground” does not include a manufactured home, tiny home, yurt, or mobile home park community.

Campus means a property in an Institutional Facilities Zone, typically controlled by an institution, and used by the institution or affiliated users in direct support of the institution’s purposes.

Cannabis Cultivation Facility means a facility that:

• Possesses cannabis;
• Grows or intends to grow cannabis;
• Sells or intends to sell cannabis to a cannabis cultivation facility, a cannabis processing facility, or a medical cannabis research licensee.

Cannabis Pharmacy means a business, licensed by the state of Utah, to distribute cannabis products by prescription for medical purposes.

Cannabis Processing Facility means a person that acquires or intends to acquire cannabis from a cannabis production establishment; possesses cannabis with the intent to manufacture a cannabis product; manufactures or intends to manufacture a cannabis product from unprocessed cannabis or a cannabis extract; and sells or intends to sell a cannabis product to a medical cannabis pharmacy or a medical cannabis research licensee.

Cannabis Production Establishment means a cannabis cultivation facility, a cannabis processing facility, or an independent cannabis testing laboratory.

Caretaker Dwelling means a residential unit designated for occupancy by a person or persons responsible for overseeing and maintaining a particular property or facility. The caretaker dwelling is usually located on the same site as the managed property, such as a large estate, industrial facility, commercial property, or public park, for security or maintenance purposes.

Car Wash means a self-service or full-service facility for washing, cleaning and drying vehicles including automobiles, motorcycles, buses, or recreational vehicles.

Cemetery means a property of at least fifteen (15) acres in area used or intended to be used for the burial of the dead and dedicated for cemetery purposes, including columbariums, crematories, mausoleums, and mortuaries when operated in conjunction with and within the boundaries of such cemetery.

Central Open Shape means an unobstructed area that functions as the focal point of LocalScapes and is designed in a geometric shape that minimizes angles and encourages an efficient watering pattern.

Certificate of Historic Appropriateness (COA) means a document evidencing approval by the historic preservation commission of an application to make a material change in the appearance of a designated historic resource.

Checklist means a checklist for each application type that is approved by the Millcreek City Council and is updated from time to time by the Planning Director.

City or Council means Millcreek or the Millcreek Council.

City Engineer means the Millcreek’s City Engineer or designee(s).

Classification Request means a request to determine whether a proposed business use aligns with an existing land use specified in this Title.

Clear View Area means a triangular area formed by the edge of any driveway or automobile access and the street right-of-way line or within a thirty foot (30') triangular area formed by intersecting street right-of-way lines wherein no view obscuring object(s) including walls or opaque fencing in excess of three feet (3’) in height shall be placed, except as provided in MKZ 18.67, Clear View Areas.

Clinic, Medical or Dental means an establishment where patients receive consultation, diagnosis, and treatment by doctors, dentists, or similar practitioners. This use includes medical services offered exclusively on an outpatient basis, including emergency services such as urgent care centers, and licensed facilities offering substance abuse treatment, blood banks, plasma donation centers, physical therapy and rehabilitation, and medical/ dental laboratories.

Commercial Building, Legally-Established means a commercial building that complied with all zoning and building code requirements at the time it was constructed, and that received a building permit.

Commercial Daycare or Preschool means a facility not located within an occupied dwelling where children, the elderly, and/or people with special needs receive care from a person qualified by the state to provide supervision, protection, pre-school instruction, or similar care for less than 24 hours per day. This includes nursery schools, childcare centers, Montessori schools, private pre-kindergartens, and play groups. A commercial daycare may be located within commercial spaces of a mixed use building but may not occupy residential units. This definition excludes care for persons who are violent or being treated for alcoholism or drug abuse. Placement in a day care/preschool center may not be part of or in lieu of confinement, rehabilitation, or treatment in a correctional facility.

Commercial Entertainment means one or more recreational activities or uses, either indoor or outdoor, operated as a business and open to the public for a fee. Commercial entertainment facilities include but are not limited to arcades, billiard halls, bowling alleys, theatres, skating rinks, sport court facilities, trampoline parks, miniature golf courses, axe-throwing, go-cart tracks, and performance venues. This definition does not include indoor or outdoor gun or archery ranges.

Commercial Kitchen/Ghost Kitchen means a facility containing a kitchen(s) where food for sale is prepared for off-premises consumption, such as a catering establishment, or delivery service pickup.

Commercial Wireless Telecommunication Facilities means a commercially operated unmanned structure consisting of equipment used primarily for the transmission, reception, or transfer of voice or data through radio waves or wireless transmissions. Such sites typically require constructing transmission support structures attached to antenna equipment.
Community Garden means an area of land managed and maintained by a group or community members used to grow and harvest food crops and/or nonfood, ornamental crops such as flowers, for personal or group use, consumption, donation, sale, or educational purposes. The private use of private land (not intended to benefit the community at large) does not constitute a community garden.

Complete Application means when the applicant provides a land use application in a form that complies with the submittal requirements of this title and applicable Millcreek ordinances and pays all applicable fees.

Composting Facility means a structure or yard used for composting and recycling organic solid waste including but not limited to wood, weeds, trees, yard trimmings, food scraps, and plant material.

Conditional Use Permit means authorization granted by the land use authority for a conditional use according to requirements of this title.

Conveyance Document means an instrument that meets the definition of "document" in Utah Code Section 57-1-1, and meets the requirements of Utah Code Section 57-1-45.5.

Conveyance of Property means the transfer of ownership of any portion of real property from one person to another person.

Convertible Space means ground floor space in a mixed use building that is built to the standards of a retail commercial space pursuant to the design standards of the Millcreek Code and the International Building Code, regardless of how it the space is used.

Corner Lot or Corner Parcel means a lot or parcel situated at the intersection of two or more streets, provided that the angle of intersection of such streets is not more than one hundred thirty-five (135) degrees.

Corner lots or parcels may have two front yards depending on the zoning district.

Coop means a structure, enclosure, or cage for housing fowl such as chickens, ducks, or geese.

Crematorium means facility where the remains of deceased individuals are cremated. This process involves the use of specialized equipment to incinerate human or animal bodies.

Critical facilities mean essential facilities and lifelines, such as major utility, transportation, and communication facilities and their connections to essential facilities.

Cul-De-Sac means a minor street having one open end and being terminated at the other by a vehicular turnaround.

D

Debris Flow means a slurry of rock, soil, organic material, and water transported in an extremely fast and destructive flow that flows down channels and onto and across alluvial fans, including a continuum of sedimentation events and processes including debris, flows, debris floods, mudflows, clearwater floods, and alluvial fan flooding.

Den means a room in a dwelling that is:

• Designed and intended for uses other than as a primary sleeping area (such as a home office, study, or recreation room).
• Not capable of functioning as a full-time bedroom due to limitations such as lack of natural lighting, inadequate ventilation, or insufficient floor space.
• Not intended or advertised for use as a sleeping area or as a permanent residential space.

Density means the number of dwelling units per acre of land.

Depository Financial Institution means an establishment that provides retail banking services, mortgage lending, or similar financial services to individuals and businesses. This classification includes credit unions, savings institutions, and Automated Teller Machines (ATMs) located within a fully enclosed space or building, or along an exterior building wall intended to serve walk-up customers only.

Detention Facility or Jail (also known as Correctional Facility) means a place for the incarceration of individuals who have been convicted of violating the Law.

Development Agreement means a written agreement or amendment to a written agreement between a municipality and one or more parties utilizing a Development Agreement form approved by the City that regulates or controls the use or development of a specific area of land. Development agreements run with the land and are binding on all successors and assigns of the property owner or developer. Development agreements specify and describe proposed development through text, site plans, and elevations; detail the amenities and other benefits being provided to the City and its residents; and include a clause that allows the City to re-zone the property and withdraw from the Development Agreement if the Development Agreement is not recorded within two (2) years of execution of the agreement.

Development (regarding Sensitive Lands) means all critical and essential facilities, subdivisions, single- and multi-household dwellings, commercial and industrial buildings, additions to existing buildings, storage facilities, pipelines and utility conveyances, and other land uses.

Development (in general) means any activity involving the alteration, improvement, or change in the use of land, buildings, or infrastructure.

Direct Illumination means illumination resulting from light emitted directly from a lamp, luminary, or reflector. Does not include reflected light from surfaces such as the ground or building faces.

Disability means a physical or mental impairment that substantially limits one or more of a person’s major life activities, including a person having a record of such a problem or being regarded as having such an impairment. Disability does not include current illegal use of, and/or resulting addiction to, any federally controlled substance as defined in Section 102 of the Controlled Substances Act, 21 U.S.C. 802.

Dissolve means an image transition effect accomplished by varying the image intensity or pattern, where the first image gradually appears to dissipate and lose legibility simultaneously with the gradual appearance and legibility of the subsequent image.

Document, for the purposes of simple or full boundary adjustments, means the same as that term is defined in Utah Code Section 57-1-1.

Dormer means a roofed structure, often containing a window, that projects vertically beyond the plane of a pitched roof.

Drive-up Window means a use with outside order windows, typically seen in association with banks, or eating and drinking establishments.

Drought-Tolerant Plant means a plant that can survive without irrigation throughout the year once established, although supplemental water may be desirable during drought periods for improved appearance and disease resistance.

Dwelling means a structure designated for residential purposes arranged to hold one or more dwelling units. Transitory facilities like hotels, apartment hotels, lodging houses or similar are not considered dwellings.

Dwelling, Legally-Established means a dwelling that complied with all zoning and building code requirements at the time it was constructed, and that received a building permit.

Dwelling, Multiple-Household means a building arranged or designed to be occupied by more than four households.

Dwelling, Single-Household – Detached means a building arranged or designed to be occupied by one household, the structure having only one primary dwelling unit, and is not attached to another primary dwelling unit.

Dwelling, Single-Household - Attached (Townhouse/Townhome) means a building arranged or designed to be occupied by one household, the structure having only one primary dwelling unit, and is attached to another single-household dwelling via a shared wall on one or both sides by a common wall(s). A common wall(s) may be located within an attached garage.

Dwelling, Two-Household (Duplex, Twin Home) means a single building under a continuous roof containing two primary dwelling units completely separated by either: (1) a common interior wall, where the units are side by side, or (2) a common interior floor, where the units are one above the other. A common wall may be located within an attached garage.

Dwelling, Three or Four Household (Triplex, Fourplex, Quadplex) means a single building under a continuous roof containing three to four dwelling units completely separated by either: (1) common interior walls, where the units are side by side, or (2) common interior floors, where the units are one above the other. A common wall(s) may be located within an attached garage.

Dwelling Unit means a habitable space physically arranged to create an independent housekeeping establishment for occupancy by one household with separate facilities for sanitation, cooking, and sleeping. Buildings with more than one kitchen or set of cooking facilities are considered to contain more than one dwelling unit. Factors for determining whether cooking facilities are accessory to a dwelling unit may include but are not limited to: A building design that allows all occupants ready access to all portions of the building including cooking facilities. No portion of the building containing cooking facilities can be separated from the remaining rooms to form a separate dwelling unit; There is only one electric and/or gas meter for the dwelling unit, except for submeters intended for renewable energy infrastructure.

Dwelling Unit, Accessory (ADU) means a residential dwelling unit occupied as a separate dwelling unit on the same lot or parcel as a single-household dwelling unit, either within the same building as the single-household dwelling unit, attached to the single-household dwelling, or in a detached building. Mobile homes and manufactured homes are not considered ADUs.

• Attached ADU means an accessory dwelling unit that shares a wall and roof with or as an additional story above or below the primary dwelling unit, and that has an internal doorway connecting the attached ADU to the primary dwelling.
• Detached ADU means an accessory dwelling unit that shares no common walls or roof with the primary dwelling.
• Internal ADU means an accessory dwelling unit created within the primary dwelling or within the footprint of the primary dwelling.

Dwelling Unit, Primary or Main means the principal residential dwelling unit on a lot or parcel. The primary (or main) dwelling unit is the largest of the dwelling units on the lot or parcel.

E

Easement means the quantity of land set aside or over which liberty, privilege, or advantage in land without profit, existing distinct from the ownership of the land, is granted to the public or some particular person or part of the public.

Eating and Drinking Establishment, Dine-in means a place of business where food is prepared, cooked, and served to the public for consumption on the premises, inside or outside, or made available for consumption off-site via delivery, pick up, or catering services. Alcoholic beverages may be served as set forth in State statute.

Eating and Drinking Establishment, Drive-up means a place of business where food is prepared, cooked, and served to the public for consumption on the premises, inside or outside, or made available via a drive-thru or outside pickup window. Alcoholic beverages may be served for dine-in customers as set forth in State statute.

Electric Vehicle (EV) means a vehicle registered for on-road use, primarily powered by an electric motor that draws current from a rechargeable storage source that is charged by being plugged into an electrical current source.

Electrical Vehicle Infrastructure means the following:

• EV-Capable: Parking spaces with the electrical panel capacity and conduit installed during construction to support future implementation of EV charging with 208/240-volt (or greater), and 40-ampere (or greater) circuits. Anticipating dual head EVSE, the same circuit may be used to support charging in adjacent EV-capable spaces.
• EV-Ready: Parking spaces with full circuit installations of 208/240-volt (or greater), 40-ampere (or greater) panel capacity, raceway wiring, receptacle, and circuit overprotection devices. Anticipating dual head

EVSE, the same circuit may be used to support charging in adjacent EV-Ready spaces.

• EVSE-Installed: EV Supply Equipment (EVSE) that is fully installed from the electrical panel to the parking space.
• Electric Vehicle Supply Equipment (EVSE) means an apparatus installed specifically to transfer energy between the premises wiring and the Electric Vehicle.

Engineering Division means the City’s Public Works Department or designee.

Engineering Geologist means a geologist who, through education, training, and experience, is able to conduct field investigations and interpret geologic conditions to assure that geologic factors affecting engineered works are recognized, adequately interpreted, and presented for use in engineering practice and the protection of the public.

Engineering Geology means the application of geological data, principles, and interpretation so that geological factors affecting the planning, design, construction, and maintenance of engineered works are properly recognized and adequately interpreted.

Essential Facility means buildings and other structures intended to remain operational during extreme environmental loading from snow or earthquakes, including all Category II and III structures as classified in Table 1604.5 of the Building Code.

Exterior Architectural Features means the architectural style, general design, and general arrangement of the exterior of a building, structure, or object, including but not limited to the texture of the building material and the type and style of windows, doors, signs, and other appurtenant architectural fixtures, details, or elements relative to the foregoing.

Exterior Environmental Features means all those aspects of the landscape or the development of a site that affect the property’s historic character.

F

Façade means the exterior side of a building or structure extending from the ground to top of the roof, parapet, or wall and the entire width of the building elevation.

Facility, Critical means an essential facility, and lifelines such as major utility, transportation, and communication facilities and their connections to essential facilities.

Facility, Essential means a building or structure that is intended to remain operational in the event of extreme environmental loading from flood, wind, snow, or earthquakes, including all Category III and IV structures as identified in the Building Code.

Family Food Production means the keeping of animals or cultivating plants that provide food sources for the consumption by a property’s occupants. “Family Food Production” does not include selling or commercial production of animals or crops, or food production that poses a risk to health, of spreading plant pest infestation, or of spreading agricultural disease.

Farm Stand means a kiosk or temporary structure engaged that sells agricultural products produced or grown on site such as fruits, vegetables, or eggs. “Farm Stands” are typically seasonal.

Fault means a fracture in the earth's crust forming a boundary between rock or soil masses that have moved relative to each other (see "Active fault").

Fault Setback means an area on either side of a fault within which construction of structures for human occupancy or critical facilities is not permitted.

Fault Scarp means a steep slope or cliff formed by movement along a fault.

Fault Trace means the intersection of a fault plane with the ground surface, often present as a fault scarp or detected as a lineament on aerial photographs.

Fault Zone means a corridor of variable width along one or more fault traces, within which deformation has occurred.

Fence means an artificially constructed barrier to identify a property boundary or enclose a space.

Fence, barbed or razor wire, or similar means a fence with one or more strands of wire or other material having intermittent or continuous sharp points that may puncture, tear, cut, or snag.

Fence, private or privacy means a fence constructed of a solid material to prevent views through the fence.

Fence, open-style means a picket, post and rail or mesh style with a regular patterns and gaps that permits views through a minimum of 75% percent of the fence when viewed perpendicular to the plane of the fence.

Fence, welded wire panel means a fence constructed of prefabricated panels consisting of welded steel wire mesh with a minimum wire size of AWG 12 gauge / 2.05 mm in a rectangular or square grid pattern, mounted within a rigid metal, wood, or composite frame. The mesh shall be composed of horizontal and vertical wires welded at each intersection, with uniform openings no larger than six inches in width or height. This definition expressly excludes woven wire fences, including chain link, which are constructed from interwoven wire strands forming a diamond or similar pattern without welded intersections.

Final Plat means an instrument approved for recording subdividing property into lots as depicted on a map that a licensed professional land surveyor makes and prepares in accordance with Utah Code Sections 10-9a-603 or 57-8-13.

Flea Markets, Swap Meets means a use intended for the resale of used goods, typically within a permanent enclosed structure, but can be associated with a temporary open-air market by permit.

Flex Space means a building with an office or retail space for a portion of the floor area with the remaining floor area being used for warehouse or light industrial uses.

Flood, Areas of Special Flood Hazard means areas of the City that are subject to periodic inundation, which results in loss of life and property, health and safety hazards, disruption of commerce and governmental services, extraordinary public expenditures for flood protection and relief, and impairment of the tax base, all of which adversely affect the public health, safety, and general welfare. These areas are identified by the Federal Emergency Management Agency.

Footcandle means the English unit of measurement for illuminance, which is equal to one lumen, incident upon an area of one foot.

Frontage means the boundary of a property that abuts a right-of-way.

Fuel Station means a facility for retail dispensing and selling of vehicle fuels, including gasoline, gas/oil mixtures, diesel fuel, ethanol, or compressed natural gas through fixed dispensing equipment, operated by customers or employees. Ancillary sales of convenience items, food, lubricants, car washes, and similar accessory uses may be present.

Fully Shielded Fixture means an outdoor light fixture designed so that the installed fixture emits no light above the horizontal plane.

Funeral Home or Mortuary A place for the storage of human bodies prior to their interment (burial, cremation, aquamation, or other similar preparation), or a building used for the preparation of the deceased for burial and the display of the deceased and associated ceremonies prior to interment.

G

Gable means the triangular portion of a wall between the edges of intersecting roof pitches.

Gathering Area means portions of the landscape dedicated to congregating, such as patios, gazebos, decks, and other seating areas.

General Plan means the adopted vision and policy document that establishes what residents, business owners, property owners, and other stakeholders envision for the City’s future.

General Retail means selling goods intended to serve a community and regional market. Typical General Retail Uses include, but are not limited to, Appliance and Electronic Sales and Service, Automotive Supply (no service), Computer Software Sales and Leasing, Department Store, Gun Shop, Home Furnishings and Accessories Sales, Rental supply, Medical Supply Store and Rental, Heating, Air Conditioning and Plumbing Supplies, Sales, and Service, Cabinet Supply (display only), Machine Sales and Rental, Agriculture Equipment and Supply, Electrical Supplies.

General Service means a facility that provides the sale of services including but not limited to, Animal Boarding (interior only), Bowling Alley, Non-Depository Financial Institutions, Store, Concert Hall, Light Service and Repair, Pest Control, Cleaning Service, Funeral Home, Microbrewery, Miniature Golf Course, Movie Theater, Commercial Indoor Recreation, Repair of Small Goods and Electronics, Indoor Gun or Archery Ranges, or Skating Rinks.

Geologic Hazard means a surface fault rupture, liquefaction, landslide, debris flow, unstable soil, rockfall, avalanche, and/or other geologic processes that may risk life and property.

Geologic Hazard Maps means the following maps showing Geologic Hazards Special Study Areas in the City and by this reference the same is incorporated herein by reference:
1. "Surface Fault Rupture and Liquefaction Potential Special Study Areas" dated March 31, 1989, and revised March 1995; 2. "Avalanche Special Study Areas," dated March 31, 1989; 3. "Landslide, Debris Flow, and Rockfall Special Study Area Map" dated April 9, 2002.

Geologic Hazard Special Study Area means a potentially hazardous area, as shown on the geological hazards maps, or in other areas defined under "Applicability" (MKZ 19.62.030), within which hazard investigations are generally required prior to development.

Geotechnical Engineer means a professional engineer licensed to practice in the State of Utah with education, training, and experience is in geotechnical engineering.

Geotechnical Engineering means the investigation and engineering evaluation of earth materials including soil, rock, and manufactured materials, and their interaction with earth retention systems, foundations, and other civil engineering works. The practice involves the fields of soil mechanics, rock mechanics, and earth sciences and requires knowledge of engineering laws, formulas, construction techniques, and performance evaluation of engineering.

Geotechnical Report means a scientific study or evaluation conducted by a qualified expert that includes a description of the ground and surface hydrology and geology, the affected land form and its susceptibility to mass wasting, erosion, or other geologic hazards or processes, conclusions and recommendations regarding the effect of the proposed development on geologic conditions, the adequacy of the site to be developed, the impacts of the proposed development, alternative approaches to the proposed development, and measures to mitigate potential site-specific and cumulative geological and hydrological impacts of the proposed development, including the potential adverse impacts to abutting and nearby properties. Geotechnical Reports shall conform to accepted technical standards and must be prepared by a qualified

Geotechnical Engineer or Geologist licensed to practice in the State of Utah.

Geotechnical Report, Level 1 means a Geotechnical Report that includes a soils analysis and recommendations on structural requirements for footings and foundations, and other items as required by the Engineering Review Checklist.

Geotechnical Report, Level 2 means a Geotechnical report for a development in a Sensitive Lands area that includes an analysis of any topographical or subsurface feature on the property that is identified as a sensitive lands area and includes other items as required by the Engineering Review Checklist.

Governing Body means the Millcreek City Council.

Greenhouse or Plant Nursery means a facility or structure used to cultivate trees, shrubs, or other plants grown for retail or wholesale trade. This may also include the accessory sale of soil, planting materials, garden equipment or similar materials.

Grocery Store means a full-scale supermarket or neighborhood market with least 5,000 gross interior square feet dedicated to products that shall include each of the following categories: fresh meat, fresh produce, fresh dairy products, baked goods, toiletries, baby food and diapers, cleaning products, paper towels and toilet paper, beverages, canned vegetables and fruits, cooking oils, flour, sugar, and frozen foods.

Ground-Level Vantage Point means a position where an object can be viewed at no more than six feet above original grade.

Gross Floor Area means the total area of all floors or stories within the exterior walls of a building or structure, including basements, mezzanines, and interior balconies, and all accessory structures on the property. Gross floor area includes:

1. Habitable living spaces, including but not limited to bedrooms, lobbies, kitchens, living rooms, offices, workspaces, shop floors, or hallways.
2. Accessory structures, such as detached garages, workshops, detached ADUs, or guest houses.
3. Enclosed porches or sunrooms, regardless of heating or cooling.
4. Storage areas and mechanical rooms if enclosed by permanent walls.
5. Garages, whether attached or detached.
6. Stairwells, elevator shafts, hallways, and similar vertical or horizontal circulation areas on each floor.
7. Areas designed for mechanical equipment or utilities, such as HVAC or electrical systems.
   

The following areas are not included in a calculation of a gross floor area:

1. Open or partially-open balconies, decks, or porches.
2. Crawl spaces or attics that are not designed for occupancy or storage.
3. Parking areas that are not enclosed, such as carports or parking lots.
4. Unenclosed courtyards or breezeways.
   

Groundcover means material planted in such a way as to form a continuous cover over the ground that can be maintained at a height not more than twelve inches.

Group Home means a residential facility home where fewer than sixteen (16) residents in need of care, support, or supervision can live together, such as those who are elderly, disabled, or protected by federal fair housing laws.

Guardrail means a strong barrier intended to prevent people from falling off or being hit by something, typically thirty-six inches (36”) to forty-two inches (42”) in height.

Guest House means a separate dwelling located on a lot or parcel with one or more main dwelling structures and used for housing of guests or servants, and not rented, leased, or sold separate from the rental, lease, or sale of the main dwelling.

Gym or Fitness Studio means a facility where members or nonmembers use equipment or space or receive instruction for the purpose of physical exercise, fitness, flexibility, and/or weight control. Facilities may include amenities such as whirlpools, saunas, massage rooms, locker rooms, and showers. Gyms and fitness studios may also cater to children with instruction classes, lessons, and accessible play areas.

H

Habitable Space means any space within a dwelling dedicated to rooms that are used for living, sleeping, cooking, and eating.

Hardscape means elements of the landscape such as sidewalks, pathways, patios, decks, seating areas, drives, and areas for vehicular parking typically constructed from non-living materials like concrete, boulders, brick, pavers, asphalt, or wood.

Hazardous Area means an area that poses a degree of hazard greater than normal to a pedestrian, such as a railroad corridor, irrigation canal, ditch, flood channel, stream, or waterway.

Historical Importance means marked by or indicative of significant worth or consequence.

Historic Preservation Commission (HPC) means the Historic Preservation Commission of Millcreek.

Historic District means an area that possesses a significant concentration, linkage, or continuity of sites, buildings, structures, or objects that are historically or aesthetically united by either a plan or physical development.

Historic Resource means any building, structure, object, site, or district that may be of historical importance to Millcreek and may or may not be listed on the City’s historic sites list, or the historic landmarks register.

Historic Site means the location of a significant event where a historic occupation or activity occurred. It may be the site of a building or structure that no longer stands or exists only as a ruin. A site may also include a standing building if the location itself possesses historic, cultural, or archeological value, regardless of the value of any existing structure.

Historic Significance means the importance of a property to the history, architecture, archeology, engineering, or culture of a community, State, or Nation. It is achieved in several ways: 1. Associate with events, activities, or patterns. 2. Association with important persons. 3. Distinctive physical characteristics of design, construction, or form. 4. Potential to yield important information.

Holiday Lighting means string lights, often used in celebration and decoration for holidays. It may also include lighting for decorations that are not string lights during the holidays.

Home Daycare or Preschool means an accessory business located within a residential home that trains, educates, and/or supervises, and provides for the care and safety of up to 12 children, subject to the requirements as set forth in MKZ 18.76.060.

Home Business means a business activity based in a dwelling, attached garage, or detached Accessory Structure, including sport courts and swimming pools, located in the rear yard, that is secondary to and in addition to using the structure for dwelling purposes.

Hospital means an institution licensed by the State of Utah that provides diagnostic, therapeutic, surgical, and rehabilitative services to individuals on both an inpatient and outpatient basis by or under the supervision of one or more physicians. Any medical clinic or professional office that offers any inpatient or overnight care or operates on a twenty-four (24) hour basis shall be considered a hospital. A hospital may include integral support service facilities such as laboratories, outpatient units and training and central services, together with staff offices necessary for the operation of the hospital. It includes both general acute and specialty hospitals and must be licensed by the Utah Department of Health and Human Services pursuant to the Health Care Facility Licensing and Inspection Act.

Hotel or Motel means a non-residential building or group of buildings designed for and occupied by individuals as a temporary dwelling places providing short-term occupancy. Services, including daily housekeeping and upkeep of furnishings, must be provided. Meeting rooms, fitness facilities, recreational facilities, and dining services shall be permitted for accessory uses within the buildings. This definition shall not include bed-and-breakfasts.

Household means any number of people living together in a dwelling unit and related by blood, marriage, or adoption, including up to three additional people; or one to four people living together in a dwelling.

Household Pet means a domesticated animal kept for pleasure rather than utility, including but not limited to birds, cats, dogs, fish, hamsters, mice, ferrets, and other similar animals.

Hydrozone means a planting method where plants with similar water needs are grouped and irrigated together for the purpose of using water efficiently. A hydrozone may be irrigated or non-irrigated.

I

Image means the display of text, numbers or the likeness of an object or living thing of any type on an electronic message center.

Image Display Duration means the time period that an image remains static.

Image Transition Duration means the time period in which one image changes to another on an electronic message center.

Impact Fee means a payment of money imposed under  Utah Code Section 11-36a-101 et seq., Impact Fee Act.

Impervious Surface means a surface that does not allow water to percolate through it, thus eliminating stormwater infiltration and natural groundwater recharge.

Important, in reference to historic preservation standards, means marked by or indicative of significant worth or consequence.

Impound and Tow Lot, Salvage Yard, or Junk Yard means a property or structure that is used for impounding vehicles, salvaging materials, or storing junk. Included in Impound, Vehicle Recycling, or Junk Yard:

• Impound and Tow Lot means a property or a structure that is used for the temporary (less than 30 days) storage of motor vehicles awaiting insurance adjustment, transport to a repair shop, or to be claimed by titleholders or their agents. Impound and Tow Lot does not include the permanent storage of motor vehicles
• Salvage Yard means a property or structure that is used for storing, selling, dismantling, shredding, compressing, or salvaging scrap or discarded material or equipment, including automobiles.
• Junk Yard means a property or structure that is used for keeping, buying, or selling junk as defined in MKC 9.56.010.

Indoor or Outdoor Gun or Archery Range means a practice facility for training and use of guns and archery bows.

Infrastructure Improvement Category means a category of infrastructure improvements, including a culinary water system, a sanitary sewer system, a stormwater system, a transportation system, a secondary and irrigation water system, public landscaping, or public parks, trails, or open spaces.

Inn means a building containing a minimum of six guestrooms, but not more than thirty guestrooms used for accommodations or lodging of guests paying compensation in which no provision is made for cooking in any individual guestroom.

J

No definitions in this section

K

Kennel, Indoor or Outdoor (also Pet Boarding) means a shelter for the keeping of dogs and/or cats.

L

Lattice Tower means a self-supporting multiple sided, open steel frame structure used to support telecommunications equipment.

Landslide means a general term for the downslope movement of a mass of soil, surficial deposits, or bedrock, including a continuum of processes between landslides, earthflows, mudflows, debris flows and debris avalanches, and rockfall.

Landscaped Area means an entire parcel of real property minus that area encompassed by building footprints, driveways, and the non-irrigated portions of parking lots. Water features and areas improved with walkways, benches, seating areas and similar improvements are included in the calculation of the landscaped area.

Land Use 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.

Land Use Application means a written application to Millcreek, on a form approved by the City, for a decision by the Land Use Authority. For land use applications that involve amending a future land use map or zoning map, or that involve development on a property, the land use application includes an affidavit from all property owners on a form approved by the City, approving the application.

Land Use Code means Title 18 and all other applicable provisions.

Light Pollution means any adverse effect of human-caused light. It is used to denote “sky glow” from cities, but it also includes glare, light trespass, visual clutter, and other adverse effects of lighting.

Light Service or Repair means the repair and maintenance of small industrial or commercial equipment and personal or household items where there are no nuisances created that could cause detrimental effects to abutting properties and neighborhoods. Light Service or Repair does not include Automobile Service and Repair.

Light Source means the fixture that emits light to illuminate an area.

Light Trespass means light falling where it is not wanted or needed. Spill light falling over property lines that illuminates adjacent grounds or buildings in an objectionable manner.

Limits of Disturbance means the area(s) in which construction and development activity is to be contained, including the development and construction of the principal building, accessory structures, recreation areas, utilities, services, driveways, septic tank drain fields, and related system requirements, storm drainage, and other similar services or improvements.

Liquefaction means the process by which certain water-saturated soils lose bearing strength due to earthquake-related ground shaking and the subsequent increase of groundwater pore pressure.

Live/Work Unit means a unit that contains separate residential and non-residential areas intended for concurrent use and shares a common wall or floor with direct access between the residential and non-residential areas.

Living Screen means a screen façade attached parallel to the building consisting of a metal grid or trellis system designed to support an opaque massing of evergreen plants in a manner that covers or wraps portions of a building, visually shielding and obscuring the building.

LocalScapes® means a landscaping approach designed to create locally adapted and sustainable landscapes through a basic 5-step approach (central open shape, gathering areas, activity zones, connecting pathways, and planting beds).

Lodging means a commercial establishment providing temporary residence to the general public, with a temporary stay not exceeding thirty (30) days. Terms commonly associated with this use include hotel, motel, and inn. This definition shall not include bed-and-breakfasts.

Lot means a tract of land, regardless of any label, that is created by and shown on a subdivision plat that has been recorded in the office of the Salt Lake County recorder.

Lot or Parcel Coverage means the measurement of land use intensity that represents the portion of a lot or parcel occupied by the principal building and all accessory buildings, but excluding all other impervious improvements such as sidewalks, driveways, uncovered patios, uncovered decks and open porches.

Lot or Parcel of Record means a lot or parcel of land established in compliance with all laws applicable at the time of its creation and recorded in the office of the county recorder either as part of a recorded subdivision or as described on a deed, having frontage upon a street, a right-of-way approved by the land use hearing officer, or a right-of-way not less than twenty feet wide.

Lot Width means the width of the lot measured along the minimum building setback line.

Low Impact Development (LID) means stormwater and land use-management that mimics natural hydrologic conditions and emphasizes conservation, use of natural features, site planning and distributed best management practices for stormwater management. LID may include but is not limited to permeable pavement, bioswales, and rain gardens.

LUDMA (the Municipal Land Use Development Management Act) means the Utah State Law pertaining to land use codified at Utah Code Section 10-9a-101 et seq.

Lumen means a standard measurement of light emitted by a light fixture. The lumen output of a fixture shall be the manufacturer’s published documentation of initial lumens for the fixture.

M

Main Building means the principal building on a lot.

Major Alteration means a change or alteration to a building or historic resource that would destroy the historic integrity, including, but not limited to, changes in the pitch of the main roof, enlargement or enclosure of windows on the principal facades, the addition of upper stories or the removal of original upper stories, covering exterior walls (except adobe) with non-historic materials, moving the historical resource from its original location to one that is dissimilar to the original, or additions which significantly detract from or obscure the original form and appearance of the historic resource when viewed from a public right-of-way.

Major Subdivision means a subdivision of four (4) lots or more.

Manufacturing, Light means manufacturing conducted predominantly within an enclosed building, predominantly from previously prepared materials, of finished products or parts, including processing, fabrication, assembly, mixing/blending/compounding, treatment, research, testing, and packaging of such products, and associated services, storage, sales (retail and wholesale), and distribution of such products, which minimizes noise, odors, vibration, hazardous waste materials, waste water runoff, or particulates that could be considered a nuisance to neighboring properties.

Material Change in Appearance means a change to a building or historic resource that would affect the exterior architectural or environmental features of a historic resource, such as: 1. Reconstruction or alteration of the size, shape, or facade of a historic resource, including relocation of any doors or windows or removal or alteration of any architectural features, details, or elements; 2. Demolition or relocation of a historic resource; 3. Commencement of excavation for construction purposes; or 4. The erection, alteration, restoration, or removal of any building or historic resource, including walls, fences, steps, pavements, or other appurtenant features, except exterior paint alterations.

Mayor means the Millcreek mayor.

Ministerial in Nature describes a general plan and future land use map amendment, a land use code text amendment, or a zoning map amendment that brings the City’s land use ordinances into compliance with a state or federal law, adopts a land use update that affects an entire zoning district or multiple zoning districts, adopts a non-substantive, clerical text amendment to an existing land use ordinance, recordings existing land use ordinances, or designate or define an affected area for purposes of a boundary adjustment or annexation. A proposed land use ordinance may include more than one of the purposes described above and remain ministerial in nature. If the proposed land use ordinance includes an adoption or modification not described above, the proposed land use ordinance is not ministerial in nature, even if the proposed land use ordinance also includes a change or modification described above and the notice requirements to provide notice to the area directly affected by the land use ordinance change applies.

Minor Subdivision means a subdivision of three (3) lots or less, or any condominium conversion subdivision.

Mixed Use means the mixing of uses in a vertically-integrated building or in a unified site plan, consisting of commercial uses and residential uses. A vertically-integrated mixed use building consists of commercial uses on the ground story and residential uses on upper stories. Mixed use in a unified site plan consists of separate residential or commercial or vertically-integrated buildings in a site plan that features consistent approaches to lighting, landscaping, signage, building design, and materials use.

Mobile Food Vendor means an enclosed retail food truck, trailer, vehicle, or similar vehicle-mounted unit that is:

1. A licensed motor vehicle or is capable of being moved by a licensed motor vehicle;
2. Independent with respect to water, wastewater, and power utilities; and
3. Used for the preparation, sale, or donation of food products and beverages.

Mobile Home and Tiny Home means a structure transportable in one or more sections, built on a permanent chassis, and designed for use as a dwelling with or without a permanent foundation when connected to the required utilities. Such structures may be permitted for temporary use in construction work for up to one year.

Mobile Home and Tiny Home Park means any plot of ground upon which two or more mobile homes, tiny homes, or combination thereof, occupied for dwelling or sleeping purposes, are located, regardless of whether a charge is made for such accommodation, pursuant to the mobile home/tiny home park ordinance.

Monopole Wireless Telecommunication Facility means an antenna or series of individual antennas mounted on a single cylindrical pole exceeding 45 feet in height, as well as associated equipment. For the purposes of this Title, if a facility does not fit the definition of a roof- or wall-mounted facility, it shall be considered a monopole facility.

Motel see Hotel.

Mulch means any organic material such as leaves, bark, wood chips, straw, inorganic material such as crushed stone or gravel, or other materials left loose and applied to the soil surface to suppress weeds and conserve soil moisture.

N

Neighborhood Retail means a use that occupies a space of less than 5,000 square feet for the sale of goods and supplies. Neighborhood Retail is intended to enhance neighborhood commercial areas by promoting a concentration of businesses that frequently provide goods and services used by local residents with a scale and character that promotes a walk-in clientele. Typical Neighborhood Retail Uses include, but are not limited to: Alcohol and Liquor Sales as a secondary use, Apparel and Accessory Stores, Art and Education Supplies, Bakery, Bicycle Sales and Repair, Book, Magazine, and Newspaper Store, Hardware, Garden Supply, Camera and Photo Supply Store, Convenience Store, Pharmacy, Fabric and Craft Store, Florist, Gift, Souvenir, Grocery Store, Jewelry Sales and Repair, Music Store, Musical Instrument Repair and Sales, Office Supply, Optical Goods, Paint and Wallpaper, Pet and Pet Supply, Restaurant/cafe, Specialty Food Market of all types, Copy Store, Toy Shop.

Neighborhood Service means a use that occupies a space of less than 5,000 square feet for the sale of services. Neighborhood services are used frequently by residents with a scale and character that promotes a walk-in clientele. Neighborhood service includes, but is not limited to: Bank or other Financial Services, Catering, Child or Pet Day Care, Light Service and Repair, Adult Care Facility, Eating and Drinking establishments, Fitness, Dance Studio, Aquatics, Framing, Home Furniture and Equipment Repair, Lock smith, Mailing Services, Pet Grooming, Photocopying and Printing, Photography Studio and Supplies, Shoe Repair, Tailor and Seamstress, Travel Agency, Veterinarian, and small dental or medical offices.

New or Unlisted Business Use means a business activity that does not align with an existing land use specified in this Title.

Non-Buildable Area means a portion of a site where an engineering geology report concluded may be impacted by geologic hazards that cannot be feasibly mitigated to a safe level and where the siting of structures is not permitted.

Nonconforming Lot or Parcel means a lot or parcel that does not conform to the regulation of this Title, but which was in existence in the effective date of the ordinance codified in this Title.

Nonconforming Use means a use of land that legally existed before its current land use designation, has been maintained continuously since the time the land use ordinance governing the land changed, and because of one or more subsequent land use ordinance changes, does not conform to the regulations that now govern the use of the land.

Noncomplying Structure means a structure that legally existed before the structure's current land use designation, and 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-Depository Financial Institution means a business, other than a Financial Institution, which is registered by the state of Utah pursuant to the Check Cashing and Title Lending Registration Act. Included in

Non-Depository Institutions:

• Check Cashing Business means a person or business that, for compensation, engages in cashing a check for consideration or extending a Deferred Deposit Loan. Check Cashing does not include depository institutions, as defined by the state of Utah, Financial Institutions, or a Retail seller engaged primarily in the business of selling goods or services to Retail buyers that cash checks or issue money orders for a minimum flat fee not exceeding one percent of the check or one dollar ($1.00) as a service fee that is incidental to its main purpose or business
• Payday Loan Business means an establishment providing loans to individuals in exchange for personal checks or assignment of wages as collateral,
• Title Loan Business means an establishment providing short-term loans to individuals in exchange for the title of a motor vehicle, motor home, or other motor vehicle as collateral.
• Deferred Deposit Loans means a business that conducts transactions where a person presents to a check casher a check written on that person's account or provides written or electronic authorization to a check casher to affect a debit from that person's account using an electronic payment and the check casher provides the maker an amount of money that is equal to the face value of the check or the amount of the debit less any fee or interest charged for the transaction and agrees not to cash the check or process the debit until a specific date.

Nursing Home or Assisted Living means an establishment where people are lodged and furnished with meals, assistance, and/or nursing care.

O

Office means a place where business transactions for a profession occur, including service, industry, or government transactions. Office uses include but are not limited to: Architecture/Engineering/Design, Building Contractor (office only), Business Consulting Charitable Institutions, Computer Programming and Support, Detective Services, Employment Agency, Financial and Insurance Government Offices, Legal Services, Management Services, PR and Advertising, Property Development, Radio and TV Studio, Real Estate, Recording and Sound Studio, Research and Development, Research Agency, Surveying. This definition of office use excludes medical and dental office uses.

Outdoor Display means a display of goods associated with a retail business outside the building that houses the retail use.

Outside Storage means areas on a lot that open to the sky and used for storing items or shipping containers related to the business conducted on the premises.

Owner means the plural and the singular, and may mean either a natural person, firm, association, partnership, private corporation, public or quasi-public corporation, or any combination thereof.

Owner-occupied means a dwelling in which the individual who owns the dwelling, solely or jointly, lives as the individual’s primary residence for no less than five years. P

Parcel means any real property that is not a lot.

Park Strip means a typically narrow landscaped area located between the back-of-curb and sidewalk.

Parking Lot or Parking Garage, Commercial means a stand-alone parking facility where spaces are rented or leased for a fee, typically to the general public. They can be privately or publicly owned but are operated for profit.

Parking Lot, Public means a stand-alone parking facility open to the public and not operated for profit. These are typically owned and managed by the City.

Parking Garage, also known as a parking structure or parking deck, means a multi-level structure designed to maximize parking capacity vertically rather than horizontally. Depending on their use, parking garages can be either commercial or noncommercial.

Parking, Shared means joint use of a parking lot or parking area for more than one principal use.

Parking Space means a space within a parking lot or garage dedicated to temporarily storing one vehicle.

Paths means a designed pedestrian route(s) between landscape areas and features.

Pawn Shop means an establishment regulated pursuant to Utah Code Section 13-32a-101 et seq. that offers loans secured by personal property and sells merchandise.

Personal Service means an establishment that primarily provides personal care services, including barber shops, beauty salons, piercing and tattoo studios, tanning salons, spas, licensed massage therapy studios, educational tutoring facilities, laundromats, and dry cleaners.

Pervious Surface means a layer through which water and air may freely migrate.

Pharmacy means a retail use where drugs are processed, handled and dispensed to patients and where pharmaceutical care is provided.

Planning Commission means the Millcreek Planning Commission.

Planning Director means the City’s Planning and Zoning Director or designee(s).

Planting Bed means landscape areas that consist of plants, such as trees, ornamental grasses, shrubs, perennials, and other regionally appropriate plants.

Plats means preliminary and final plats required as part of the subdivision process.

Pop-Up Market and Farmer’s Market means a temporary retail store or a location where producers can sell retail goods and agricultural products. Pop-Up Markets and Farmer’s Markets operate for a limited time in a specific location.

Positioning means placing a historical resource on a property or its placement relative to other structures and/or landmarks in the general vicinity.

Preliminary Approval means an approval, with or without recommended alterations, given to a preliminary plat by the Planning Commission and provides the necessary authority to proceed with the preparation and presentation of the final plat.

Preliminary Plat means a map or plan of a proposed land division or subdivision.

Private Rights-Of-Way means any street or lane retained and maintained under the ownership of private individuals and intended for private use.

Private Recreation Facilities means a privately owned facility designed to provide recreational and social activities for its users and may include golf courses, stables, tennis courts, sport courts, swimming pools and buildings directly related to and supportive of the recreational activities.

Proximate Neighborhood means the lots within a 200’ radial distance from the subject property boundary, as measured from the nearest property lines.

Public Park means a park, playground, swimming pool, golf course or athletic field that is under the control, operation, or management of the state, a state agency, the county, or a municipality.

Public Rights-Of-Way means streets dedicated for perpetual public use and are administered by the governing entities in which they are located.

Public and Quasi-Public Use means a use operated exclusively by a public body, or , a quasi-public body, or a nonprofit corporation, such use having the purpose of serving the public health, safety, or general welfare, and includes uses such as parks, playgrounds, and other recreational facilities, administrative and service facilities, and public utilities.

Q No definitions in this section

R

Reasonable Accommodation means a change in any rule, policy, practice, or service necessary to afford a person with a disability an equal opportunity to use and enjoy a dwelling. The following words have the following definitions:

• Reasonable means that a requested accommodation will not undermine the legitimate purpose of existing zoning regulations, notwithstanding the benefit that the accommodation will provide to a person with a disability.
• Necessary means that the applicant must show that, without the accommodation, one or more Persons With a Disability would be denied an equal opportunity to enjoy the housing of their choice.
• Equal Opportunity means achieving equal results between a person with a disability and a nondisabled person.

Reception or Event Center means a commercial or non-profit facility that can be rented to accommodate groups of people for entertainment, conferences, weddings, and similar activities.

Recreational Vehicles (RVs) means motor vehicles or trailers with living space for traveling, camping, or daily living. These may include campers, travel trailers, or motor homes.

Reconnaissance Level Survey means a visual evaluation of a substantial portion of properties in a community for the purpose of providing a “first cut” of buildings that may, based on their age and integrity, be eligible for listing in the National Register of Historic Places. The evaluation rating of potential sites and historic resources shall be given one of the following ratings:

• Eligible/Significant: built within the historic period and retains integrity; excellent example of a style or type; unaltered or only minor alterations or additions; individually eligible for National Register of Historic Places under criterion “C;” also, buildings of known historical significance.
• Eligible: built within the historic period and retains integrity; good example of a style or type, but not as well-preserved or well-executed as “A” buildings; more substantial alterations or additions than “A” buildings, though overall integrity is retained; eligible for National Register of Historic Places as part of a potential historic district or primarily for historical, rather than architectural, reasons.
• Ineligible: built during the historic period but has undergone major alterations or additions; no longer retains integrity.
• Out-of-period: constructed outside the historic period.

Rehabilitation/Treatment Facility means a free-standing facility licensed or contracted by the state of Utah to provide temporary occupancy and supervision of adults or juveniles to provide rehabilitation, treatment, or counseling services. Without limitation, such services may include rehabilitation, treatment, counseling, or assessment and evaluation services related to delinquent behavior, alcohol and drug abuse, conditions resulting from alcohol or drug abuse, sex offenders, sexual abuse, or mental health. Associated education services may also be provided to juvenile occupants. A rehabilitation/treatment facility does not include a residential facility for Persons With a Disability.

Religious Assembly means any church, synagogue, mosque, temple, or building used primarily for religious worship and related religious activities.

Residential Facilities for Persons With a Disability means a residence in which more than one person with a disability resides, and is: (1) licensed or certified by the Department of Health and Human Services as a Human Services Program or Facility as regulated under Utah Code Section 26B-2-1-101 et seq. or (2) as a Health Care Facility as regulated under Utah Code Section 26B-2-1-201 et seq.

Residential Zone Boundary means the boundary between an A, R-1, R-2, or R-4 zone district, and any other zone district.

Retail Food Truck means a mobile food vendor located within a mobile truck that may move to various locations in the City and has Salt Lake County Health Department approvals and a Millcreek business license and other permits.

Retail Sales means a category of uses involving the retail sale of goods or merchandise to the public for personal or household consumption. Retail sales include but are not limited to, apparel and accessory stores, art and craft supplies, book stores, hardware, garden supplies, camera and photo supply stores, convenience stores, pharmacies, gift shops, souvenir stores, grocery stores, office supplies, optical goods, paint and wallpaper, pet supplies, specialty food markets of all types, copy stores, toy shops, automotive supplies (no service), department stores, gun shops, home furnishings and accessories sales, rental supplies, medical supplies, heating, air conditioning and plumbing supplies, cabinet supplies (display only), machine sales and rentals, agriculture equipment and supplies, and electrical supplies.

Retail Tobacco Specialty Business means a commercial establishment regulated under Utah Code Section 10-8-1-41.6 and in which:

1. Sales of tobacco products, electronic cigarette products, and nicotine products account for more than 35% of the total quarterly gross receipts for the establishment.
2. 20% or more of the public retail floor space is allocated to the offer, display, or storage of tobacco products, electronic cigarette products, or nicotine products;
3. 20% or more of the total shelf space is allocated to the offer, display, or storage of tobacco products, electronic cigarette products, or nicotine products.
4. The commercial establishment:
   1. holds itself out as a retail tobacco specialty business; and
   2. causes a reasonable person to believe the commercial establishment is a retail tobacco specialty business; or
5. the retail space features a self-service display for tobacco products, electronic cigarette products, or nicotine products.

Retaining Wall means a wall or other retaining structure or system designed to provide lateral support of soil, water, or other materials, that does not provide vertical support for structural elements of a building and has any portion of its exposed face inclined steeper than one horizontal to one vertical. This definition shall include concrete walls, crib and bin walls, reinforced or mechanically stabilized earth systems, anchored walls, soil nail walls, multi-tiered systems, rockery walls, or other retaining structures.

Review Cycle means the occurrence of the applicant's submittal of a complete regular residential subdivision application, the City’s review of that regular residential subdivision application, the City's response to that regular residential subdivision application, and the applicant's reply to the City's response that addresses each of the City’s required modifications or requests for additional information.

Ridgeline means an area of topographical change, running parallel to a slope with at least a twenty foot (20’) rise over a sixty foot (60’) wide area on one side of the ridge and extending for at least three hundred feet (300’).

Riparian Buffer means the transitional area between wetland and upland, naturally characterized by a unique plant community that provides natural filtering for runoff into wetlands.

Rockery Wall means a retaining wall that consists of earth retaining and/or protection structures comprised of interlocking, dry-stacked rocks without mortar or steel reinforcement.

Rockfall means a rock or mass of rock, newly detached from a cliff or other steep slope that moves downslope by falling, rolling, toppling, or bouncing; it includes rockslides, rockfall avalanches, and talus.

Roof-Mounted Wireless Telecommunication Facility means an antenna or series of individual antennas mounted on a flat or pitched roof, mechanical room or penthouse of a building or structure. It also includes associated equipment.

S

Scale means the distinctive relative size, extent, or degree of a historic resource.

Scintillate or Scintillating means light flashes, light sparkling, light starbursts, light twinkling, light pulsating or any other image transition effect or animation in which an image instantly and repeatedly changes for the purpose of attracting attention.

Schools, Public and Private means an institution where formal learning or education is conducted. This definition shall include kindergartens, elementary schools, junior high schools, middle high schools, senior high schools, or any special institution of learning under the jurisdiction of the State Department of Education, but shall not include home occupations represented as schools, trade schools, charm schools, dancing schools, music schools or similar limited schools, nor public or private universities or colleges.

Secondhand Store means a store that sells general merchandise, military surplus, or sells or processes precious metals or gems.

Self-Storage Facility means a building used exclusively for storing personal or business-related items/property including mini-storage units, neighborhood storage, or temperature-controlled storage facilities.

Sensitive Lands or Sensitive Lands Area means various geologic and physical land features that impact the built and natural environments in ways that require additional study and solutions to mitigate potential development and environmental issues and are generally identified on the adopted Sensitive Lands map.

Service Animal means an animal trained to perform a task directly related to a person’s disability.

Setback means an area where the construction of structures or critical facilities is not permitted.

Sexually Oriented Business means any business for which a sexually oriented business license is required as an adult business, nude entertainment business, or as a seminude dancing bar, pursuant to the sexually oriented business licensing requirements in the Millcreek Municipal Code.

Short-Term Loan Service means a facility where loans are given for a period of one year or less such as payday loans, car title loans, or similar.

Short-Term Rental means a residential unit or any portion of a residential unit that the owner of record or the lessee of the residential unit offers for occupancy for fewer than 30 consecutive days or a residential unit or any portion of a residential unit or that is actually used for accommodations or lodging of guests for a period of less than 30 consecutive days.

Significant means having or likely to have influence and effect.

Sign means and includes every advertising message, announcement, declaration, demonstration, display, illustration, light display, insignia surface or space erected or maintained in view of the observer thereof for identification, advertisement, or promotion of the interests of any person, entity, product, or service. "Sign" also includes the sign structure supports, lighting system and any attachments, ornaments or other features used to draw the attention of observers.

Sign, A-frame means a sign constructed of wood, plastic, or metal, have a solid surface for written advertising with two sides not exceeding 6 square feet on a side attached at the top to allow the sign to stand in an upright position weighted or anchored sufficiently at the bottom to prevent blow overs and to be movable at will.

Sign Alterations means a change or rearrangement in the structural parts or design whether by extending on a side, increasing in area or height, or relocating or changing position.

Sign, Animated means a sign which induces motion or rotation of any part by mechanical or artificial means or subdued color changes. An animated sign is not an EMC sign.

Sign Animation means simulated movement created by the display of a series of pictures or images, creating the illusion of movement.

Sign, Awning means a sign designed in awning form that is an illuminated or nonilluminated space frame structure attached to a building or other permanent structure.

Sign, Balloon means a temporary sign attached to real or personal property that affects or attracts attention to an object or site.

Sign, Beacon Light or Searchlight means: 1. Any light with one or more beams, capable of being directed in any direction or directions, or capable of being revolved automatically, or 2. A fixed or flashing high-intensity light, such as a spotlight, a floodlight, or a strobe light.

Sign, Billboard means a free-standing ground sign with a sign face of at least one hundred twenty eight (128) square feet in area and with a height of at least thirty feet (30’) , or a pole sign regulated under the Utah Outdoor Advertising Act or the Municipal Land Use, Development, and Management Act. Billboards are supported by a substantial permanent monopole or bipole support structure. Billboards are typically owned by nongovernmental entities or leased separately from the principal buildings or uses on the property upon which they are located and are larger and/or taller than any sign expressly permitted by this title.

Sign, Blower Machine means a fan or mechanism that can move air under pressure. Used to provide air for certain processes.

Sign, Construction/Development means a sign located on a lot where construction or proposed development activities actively conducted and not permanently attached to a structure of the ground.

Sign, District means a ground sign located on City-owned property that is owned and operated by the City, or by a third-party entity under an agreement with the City.

Sign, Electronic Message Center, or "EMC" means a mechanism or device that uses a combination of lights, or lighted or unlighted panels which are controlled electrically with software and electronically to produce words, symbols, pictures, or messages that may change within a given panel area.

Sign, Embellishment, Cut-out or Extension means an extension of the billboard resulting in increased square footage as part of an artistic design to convey a specific message or advertisement.

Sign, Existing Billboard means a billboard that is either constructed, or for which an application for a land use permit was received and approved by the planning and development services division and state authorities, where necessary, prior to May 18, 2004. Billboards that have received prior approval from the City at a particular location must be approved by the state by June 2, 2005. If no state approval is given, the City approval shall expire on said date, and the permit shall become null and void.

Sign, Fade means an image transition effect accomplished by varying the intensity of the image, where the first image gradually reduces intensity to the point of not being legible and the subsequent image gradually increases intensity to the point of legibility.

Sign, Flag means an item made of cloth or similar material, typically oblong or square, attachable by one edge to a pole or rope and used as the symbol or emblem of a country or institution.

Sign, Feather means a temporary sign independently standing or attached to a structure with a vertical banner.

Sign, Flashing Sign means a sign that has or appears to have motion or rotation of the lighting elements or displays flashing or intermittent light for less than two seconds.

Sign, Flat/Wall means a sign erected parallel to and attached to the outside wall of a building and extending not more than twenty-four inches from such wall with messages or copy on the face side only.

Sign, Ground/Pole means a sign supported by a fixed permanent frame/pole support in the ground.

Sign, Iconic means a sign with significant historical character that has functioned as a landmark in the City and is specifically included in the iconic sign section of this chapter.

Sign Illuminance means the photometric quantity most closely associated with the perception of brightness and a measurement of the intensity of light falling on a surface at a given distance from the light source.

Sign, Illuminated means a sign which has characters, letters, figures, designs, or outlines illuminated by internal electric lights or luminous tubes.

Sign, Inflatable means an object or sign that is filled with air before use.

Sign, Interior means a sign located within a building so as to be primarily visible only from within the building in which the sign is located.

Sign, Mobile means a sign mounted on trailer or frame, lighted or unlighted, which is not permanently attached to a structure or the ground.

Sign, Monument means a low-profile sign that is incorporated into the landscape or architectural design scheme where the sign is located.

Sign, Nameplate means a sign indicating the name and/or occupation of a person legally occupying the premises or indicating a legal home occupation thereon.

Sign, Nonconforming Billboard means an existing billboard that is located in a zoning district or otherwise situated in a way that is not permitted by the provisions of this chapter.

Sign, Nonconforming or Sign Structure, Nonconforming means a sign or sign structure or portion thereof lawfully existing at the effective date of this chapter or any amendment hereto has been maintained continuously, and because of one or more subsequent changes to this chapter does not conform to regulations that now govern the sign.

Sign, Pan Channel Letters are custom-made metal or plastic letters commonly used in exterior, and often internally illuminated.

Sign, Pedestal means a temporary and/or movable sign supported by a column(s) and a base so it can stand upright.

Sign, Projecting/Blade means a sign attached to a building or canopy and extending in whole or part more than twenty-four inches beyond any wall of the building or canopy.

Sign, Property means a sign located on a property being sold, leased, or not offered for public access.

Sign, Roof means a sign that is erected on and attached partly or wholly on a building’s roof.

Sign, Service means a sign that is incidental to a use lawfully occupying the property upon which the sign is located, and which sign is necessary to provide information to the public, such as directions to parking lots, location of restrooms, entrance and exits, etc.

Sign Area means the area of a sign used for display purposes, excluding the minimum frame and supports. In computing sign area, only one side of a back-to-back or double-faced sign shall be computed when signs are parallel or diverge from a common edge by an angle of not more than forty-five degrees. In relation to signs that do not have a frame or a separate background, the sign area shall be computed on the basis of the least rectilinear line with a maximum of eight sides, triangle, or circle large enough to frame the display. Sign areas in the shape of a sphere, prism, cylinder, cone, pyramid, square or other such shapes shall be computed as one-half of the total surface area.

Sign Maintenance means that signs shall be maintained in a safe, presentable, and good condition, including replacing defective parts, repainting, removing rust, replacing or removing empty frames, cleaning and other acts required to maintain the sign. “Good condition” means signs shall not display rust, peeling paint, broken parts, discoloration, bent metal frames, or empty or broken panels.

Sign Setback means the minimum distance that any portion of a sign or sign structure shall be from any street right-of-way line.

Sign Structure means anything constructed or erected to support a sign that requires a location on or below the ground or is attached to something having a location on or below the ground.

Sign, Snipe means a sign attached to a public utility pole, light fixture poles, canopy supports, or the supports for another sign.

Sign, Static means no motion of any type or form.

Sign, Streamers/Pennants means decorations made from paper, cloth, canvas, light fabric, plastic, or other light materials used to decorate a property or building.

Sign, Temporary means a sign constructed of paper, cloth, canvas, light fabric, cardboard, wallboard, or other light materials, with or without frames, and is restricted to section 19.82.140 of this title.

Sign, Temporary window means a temporary sign located on or within the window of a building.

Sign, Time and Temperature Device means any mechanism that displays the time and/or temperature but does not display any commercial advertising or identification.

Sign, Window means a sign attached and located on a window that is visible from outside the building through a window or door.

Sign, Yard means a temporary sign placed upon or supported by the ground independently of any other sign on the property.

Site Plan means a drawing that shows existing and proposed property lines with dimensions, and the specific locations of all structures and proposed structures, including accessory structures, required parking and landscaping improvements, documented easements, location of existing and proposed utilities, and any designated sensitive lands.

Slope Stability means the resistance of a natural or artificial slope or another inclined surface to failure by land sliding, usually assessed under both static and dynamic (earthquake-induced) conditions.

Small Wireless Facility means a type of wireless facility that meets the following criteria:

1. on which each wireless provider's antenna could fit within an enclosure of no more than six cubic feet in volume, and
2. for which all wireless equipment associated with the wireless facility, whether ground-mounted or pole-mounted, is cumulatively no more than 28 cubic feet in volume, not including any:
   1. electric meter;
   2. concealment element;
   3. telecommunications demarcation box;
   4. grounding equipment;
   5. power transfer switch;
   6. cut-off switch;
   7. vertical cable run for the connection of power or other service;
   8. wireless provider antenna; or
   9. coaxial or fiber-optic cable that is immediately adjacent to or directly associated with a particular collocation, unless the cable is a wireline backhaul facility.

Special Event means a gathering of people for a specific activity over a limited time. Special events may include Concerts, Festivals, Film Production, Parades, Pageants, Political rallies, Markets, Seasonal events,

Sporting events, Historical reenactments, and Religious processions.

Sport Court means an outdoor court constructed of a hard surface and designed for athletic or recreational purposes. Sport courts can be surrounded by fencing.

Stable, Private means 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 means a stable other than a private stable.

Stealth Wireless Telecommunication Facility means a wall, roof, or monopole facility disguised as another object or otherwise concealed from view. Examples of stealth facilities include, but are not limited to, trees, synthetic rocks, or architectural elements such as dormers, steeples, and chimneys.

Stepback means a required setback of a building face to minimize the impact of the building’s height.

Story means that portion of a building included between the upper surface of any floor and the upper surface of the floor next above, except that the topmost story shall be that portion of a building included between the upper surface of the topmost floor and the ceiling or roof above. If the finished floor level directly above a usable or unused underfloor space is more than six feet above grade for more than fifty percent of the total perimeter or is more than twelve feet above grade at any point, such usable or unused underfloor space shall be considered as a story.

Story, First means the lowest story in a building which qualifies as a story, except that a floor level in a building having only one floor level shall be classified as a first story, provided such floor level is not more than four feet below grade for more than fifty percent of the total perimeter, or not more than eight feet below grade at any point.

Story, Half means a story with at least two of its opposite sides situated within a sloping roof, the floor area of which does not exceed two-thirds of the floor immediately below it.

Stream, Ephemeral means those channels, swales, gullies, or low areas that do not have flow year-round or are not shown on United States Geological Services (USGS) topographic maps as perennial streams. These are generally channels that are tributary to perennial streams, other ephemeral streams, terminal low areas, ponds, or lakes. They are typically dry except during periods of snowmelt runoff or intense rainfall.

Stream, Perennial means those streams, excluding ephemeral streams, or ditches and canals constructed for irrigation and drainage purposes, which flow year-round during years of normal rainfall, and that are identified on the appropriate United States Geological Services (USGS) topographic maps as perennial streams.

Stream Corridor means the corridor defined by a perennial stream’s ordinary high water mark.

Street means a thoroughfare which has been dedicated or abandoned to the public and accepted by proper public authority, or a thoroughfare, not less than twenty-five feet wide, which has been made public by right of use and which affords the principal means of access to abutting property.

Street Right-of-Way Line means the location where a property meets a street right-of-way as indicated by the adopted Transportation Master Plan or as determined by the City Engineer.

Streetscape means the appearance of the full public right-of-way, possibly including the setback areas and the adjacent buildings.

Street Light means a raised light installed within or adjacent to the street right-of-way that is turned on or lit at a certain time every night. Modern lamps may also have light-sensitive photocells that turn on at dusk and off at sunrise or activate automatically in inclement weather.

Street Tree means a tree located in the landscaped area within or abutting to a public right-of-way. These are located between the sidewalk and the street curb, or where there is no sidewalk present, they are located along the right-of-way.

Structure means any object or building erected or constructed on a lot or parcel which exceeds six feet (6') in height or exceeds two feet (2') in height and forms a geometric shape covering a ground area greater than thirty (30) square feet.
Structure Designed for Human Occupancy means any residential dwelling or other structure used or intended for supporting or sheltering any human occupancy.

Structure, Temporary means a building or structure which is not permanently affixed to a foundation or ground, designed and intended short-term use, such as events, storage, or temporary occupancy.

Subdivision means any land that is divided, re-subdivided or proposed to be divided into two or more lots, parcels, sites, units, plots, or other division of land for the purpose, whether immediate or future, for offer, sale, lease, or development. Subdivision does not include a bona fide division or partition of agricultural land for agricultural purposes, as set forth in Utah Code Section 10-9a-605(2), a recorded conveyance document, consolidating multiple lots or parcels into one legal description encompassing all lots by reference to a recorded plat and all parcels by metes and bounds description, joining a lot to a parcel, a bona fide division of land by deed or other instruments if the deed or other instrument states in writing that the division is in anticipation of future land use approvals on the parcel or parcels, does not confer any land use approvals, and has not been approved by the City, a boundary adjustment, a boundary establishment, road, street, or highway dedication plat, a deed or easement for a road, street, or highway purposes, or any other division of land authorized by law. The word “subdivide,” and any derivative thereof shall have reference to the term subdivision as defined in this Title.

Subdivision Amendment means an amendment to a recorded subdivision as set forth in Utah Code Section 10-9a-608 that vacates all or a portion of a subdivision, increases the number of lots within a subdivision, that alters a public right-of-way, a public easement, or public infrastructure within the subdivision, or alters a common area or other common amenity within the subdivision. A subdivision amendment does not include a simple or full boundary adjustment.

Subdivision Application means a land use application for the subdivision of land.

Subdivision Improvement Plan means the civil engineering plans associated with required infrastructure improvements and municipally controlled utilities required for a subdivision.

Subdivision Ordinance Review means review by a municipality to verify that a subdivision application meets the criteria of the municipality's ordinances.

Subdivision Plan Review means a review of the applicant's subdivision improvement plans and other aspects of the subdivision application to verify that the application complies with City ordinances and applicable installation standards and inspection specifications for infrastructure improvements.

Subdivision, Regular Residential means a residential subdivision limited to single-household dwellings, two-household dwellings, or townhomes that does not include property affected by a geologic hazard identified on the adopted Sensitive Lands Map.

Subdivision Requirements Checklist means the Subdivision Requirements Checklist that is approved by the Millcreek City Council and is updated from time to time by the Planning Director.

Substantial Addition means any new structure, addition, or aggregate thereof to the primary, secondary, or accessory dwelling unit that adds more than 1,000 square feet of gross floor area.

Surface Fault Rupture means ground displacement when the earth’s surface visibly shifts due to an earthquake.

T

Temporary Use means a use or structure on improved or unimproved land which is of impermanent nature and is used for less than one hundred and eighty (180) days in a calendar year.

Terraced Retaining Wall System means a configuration of two or more retaining walls arranged on a slope in a stepped or tiered manner. This system functions as a single structural unit to stabilize the slope, manage soil erosion, and enhance the landscape's usability and aesthetic appeal.

Total Landscaped Area means improved areas of the property that incorporate all the completed landscape features. The landscape area does not include footprints of buildings or structures, sidewalks, driveways, and other non-irrigated areas intentionally left undeveloped.

Truck Transfer Facility means a facility serving as a transfer or trailer storage point for a trucking company, including associated offices, parking, and maintenance facilities.

Turfgrass or Turf means grasses that form a uniform low-growing cover that can tolerate traffic and mowing.

Trails means a system of designated public recreational pathways within the City for walking, biking, and/or horseback riding.

Transit Station means a covered passenger boarding facility with platform(s), that may include a waiting room, ticket office or machines, restrooms, or concessions.

Transparent or Transparency means the property of a window or material that allows light to pass through it without scattering. Objects behind a transparent material are readily identifiable. Transparent materials have a uniform index of refraction and appear clear or a single color. Frosted or opaque windows are not considered transparent. U

Unified Site Plan means a mixed use site plan consisting of separate residential and commercial or vertically-integrated buildings that features consistent approaches to lighting, landscaping, signage, building design, and materials use.

Unshielded Fixture means a light fixture that allows light to be emitted above the horizontal plane either directly from the lamp or indirectly from the fixture or reflector. Includes any fixture that is not fully shielded.

Use, Compatible means an existing or proposed use which is like or similar to other neighboring uses.

Use, Conditional means any use listed as "conditional" in a zone and requiring land use authority approval of a conditional use permit, after a public hearing is held, and which may be incompatible with neighboring properties or which can be made compatible with certain conditions attached to the approval prior to or during conduct of the use.

Use, Incompatible means an existing or proposed use which is unlike other neighboring uses and which conflicts or may conflict with the neighboring use or uses. Incompatibility may be based on noise, traffic, light, odor, vibration, emissions or other environmental or aesthetic considerations.

Use or Land Use means the purpose for which a parcel, lot, building, or structure is developed or constructed, the manner in which it is occupied or maintained or an activity conducted on the premises on a regular basis.

Use, Permitted means any use listed as such and allowed within a particular zone which is established and conducted in compliance with City ordinances.

Use, Temporary means a use which is seasonal or promotional in nature which is not conducted on the premises on a regular basis and does not require permanent improvements.

V

Vacant Lot or Vacant Parcel means a lot or parcel that does not have a building or structure on it, or that has been cleared of buildings or structures for at least one year.

Variance means a waiver of specific regulations of this title in accordance with the provisions set forth in this title to assure that no property, because of special circumstances applicable to it, shall be deprived of privileges commonly enjoyed by other properties in the same zone. 

Veterinary Clinic means a neighborhood service use that provides diagnosis and medical treatment for cats, dogs, or other domestic animals, including surgical procedures, and may also include overnight accommodation within a building on premises for treatment, observation, and recuperation.

Video means simulated movement created by the display of a series of images creating the illusion of continuous movement.

Village Center means a smaller center that include a mixture of neighborhood scale commercial and residential buildings.

W

Wall-Mounted Wireless Telecommunication Facility means an antenna or series of individual antennas mounted against the vertical wall of a building or structure. It also includes associated equipment.

Warehouse means a structure or building that stores raw, in-process and finished materials. Warehouses may include including retail and wholesale activities. Warehouses do not produce noise, odors, vibrations, hazardous waste materials, or particulates that negatively affect neighboring properties.

Water Efficiency means techniques to ensure more efficient water consumption in establishing and maintaining landscape improvements.

Weed means a wild, invasive, nuisance plant that does not enhance a landscaped area or invade poorly maintained areas.

Wildland Urban Interface means the line, area, or zone where structures or other human development (including critical infrastructure that, if destroyed, would result in hardship to communities) meet or intermingle with undeveloped wildland or vegetative fuel.

Wireless Telecommunication Facility means an unmanned structure consisting of equipment used primarily for transmitting, receiving, or transferring voice or data through radio waves or wireless transmissions. Such sites typically require the construction of transmission support structures to which antenna equipment is attached.

X

Xeriscape means a landscape method or area that utilizes creative, natural approaches for constructing low maintenance, water efficient, and sustainable landscapes. It includes the use of native and drought-tolerant plants that are intended to conserve water and reduce the reliance on chemical fertilizers.

Y

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

Yard, Front means the minimum horizontal distance between the street front lot or parcel line and the front foundation of the building. Corner lots or parcels may have two front yards depending on the zoning district. For lots or parcels abutting streets that are dedicated or abandoned to the use of the public as set forth in Utah Code Section 72-5-104, the minimum horizontal distance between the street front lot or parcel line and the front foundation line of the building shall be measured from the edge of the street right-of-way.

Yard, Side means the yard between the building and the side line of the lot or parcel and extending from the front yard to the rear yard.

Yard, Rear means an open, unoccupied space on the same lot or parcel as a building, measured from the rear line of the building (exclusive of steps), and the rear lot or parcel line, and extending for the entire width of the lot or parcel. For lots or parcels abutting streets that are dedicated or abandoned to the use of the public as set forth in Utah Code Section 72-5-104, the minimum horizontal distance between the street rear lot or parcel line and the rear line of the building shall be measured from the edge of the street right-of-way.

Z

Zoning Map means the zoning map or maps of Millcreek, Utah, adopted as part of a land use ordinance, depicting land use zones, and/or overlays.

Zoning Ordinance means the zoning map or maps of Millcreek, Utah, adopted as part of a land use ordinance, which depicts land use zones, or overlays.