04 GENERAL PROVISIONS AND DEFINITIONS
This title shall be known as the uniform zoning ordinance of Salina City, Utah.
(ZO § 1-1)
This zoning ordinance is designed and enacted for the purpose of promoting the health, safety, morals, convenience, order, prosperity and welfare of the present and future inhabitants of Salina City, Utah, including amongst other things, the lessening of congestion on the streets or roads, securing safety from fire and other danger, providing adequate light and air, the classification of land uses and distribution of land development, protection of the tax base, securing economy in governmental expenditures, fostering the commercial, industrial and agricultural growth, protection of the environment, and the protection of both urban and nonurban development in the city.
(ZO § 1-2)
(ZO § 1-3)
This zoning ordinance, including the maps, may be amended from time to time by the city council after holding a public hearing. At least fifteen (15) days' notice of the time and place of such hearing shall be published in a newspaper of general circulation in the area. All proposed amendments shall be first proposed by the planning commission or shall be submitted to the planning commission for its recommendation, which shall be returned to the city for its consideration within thirty (30) days. Failure of the planning commission to take action on the proposed amendment within the prescribed time shall be deemed approval by such commission of the proposed change or amendment. The city council may overrule the planning commission's recommendation by a majority vote of its members.
(ZO § 1-4)
Applications for rezoning should contain a minimum of five acres and be contiguous to existing property in the requested zone. After review by planning and zoning, the planning and zoning committee may recommend to the Salina City Council that a smaller parcel be rezoned as long as it is contiguous to requested zone. Spot zoning is not desirable but may be approved by the Salina City Council upon recommendation of planning and zoning.
(Ord. No. 060102, § 2, 1-11-2006)
(ZO § 1-5)
The construction, alteration, repair, removal or occupancy of any structure or of any part thereof, as provided or as restricted, in this zoning ordinance shall not be commenced or proceeded with, except after the issuance of a written permit for the same by the chief building official; provided, that no permit shall be necessary where the erection, construction, reconstruction or alteration is minor in character as defined herein, or as determined by the chief building official.
(ZO § 1-6)
No land shall be used or occupied and no building hereafter structurally altered or erected shall be used or changed in use until a certificate of occupancy shall have been issued by the chief building official stating that the building or structure or the proposed use thereof, or the use of land, complies with the provisions of this zoning ordinance. A like certifi-cate shall be issued for the purpose of maintaining, renewing, changing or extending a nonconforming use. A certificate of occupancy, either for the whole or a part of a building or structure, shall be applied for coincidentally with the application for a building permit and shall be issued within ten (10) days after the erection or structural alteration of such building or structure, or part thereof, shall have been completed in conformity with the provisions of this zoning ordinance.
(ZO § 1-7)
All departments, officials and public employees of the city, which are vested with the duty or authority to issue permits or licenses, shall conform to the provisions of this zoning ordinance and shall issue no such permit or license for uses, buildings or purposes where the same would be in conflict with the provisions of this zoning ordinance, and any such permit or license, if issued in conflict with the provisions of this zoning ordinance, shall be null and void.
(ZO § 1-8)
Any structure made or existing, and any use of land, in violation of any provisions of this zoning ordinance is a public nuisance and may be abated by appropriate proceedings.
(ZO § 1-9)
Any person, firm or corporation, whether as principal, agent, employee or otherwise, violating or causing or permitting the violation of any of the provisions of this zoning ordinance shall be guilty of a Class C misdemeanor. Such person, firm or corporation shall be deemed guilty of a separate offense for each and every day during which any portion of any violation of this zoning ordinance is committed, maintained, continued or permitted by such person, firm or corporation, and shall be punishable as herein provided.
(Ord. 990301 § 1(a), 1999: ZO § 1-10)
At the time of the annexation of new territory to the city, the city council, after reviewing the recommendation of the planning commission, shall classify such territory for zoning purposes according to the zones established by this zoning ordinance.
(ZO § 1-11)
The words and terms defined in this chapter shall have the meanings indicated. Words used in the present tense include the future and words in the singular number include the plural and words in the plural include the singular. Words not included herein but defined elsewhere in the city ordinances shall be construed as termed therein. The word "shall" is mandatory.
"Access strip" means a strip of land which is part of a lot and provides access to the part thereof used or to be used for buildings or structures.
"Agriculture" means the tilling of the soil, the raising of crops, horticulture and gardening, but not including keeping or raising of domestic animals and fowl, except household pets, and not including any agricultural industry or business, such as fruit packing plants, fur farms, animal hospital or similar uses.
"Alley" means a public thoroughfare less than twenty-six (26) feet wide.
"Architectural projection" means any projection which is not intended for occupancy and which extends beyond the face of an exterior wall of a building, but shall not include signs.
"Basement" means a story partly underground and having at least one-half its height above the average level of the adjoining ground. A basement shall be counted as a story, for purposes of height measurement.
"Blanketing" or "blanket," when applied to signs or sign structure, means the partial or complete shutting off of the face of one sign by another sign.
"Boarding house" means a building with not more than five guest rooms where, for compensation, meals are provided for at least five but not more than fifteen (15) persons.
"Building" means any structure other than a boundary wall or fence.
Building, Accessory. "Accessory building" means a subordinate building or a portion of the main building on a lot, the use of which is customarily incidental to that of a main or principal building.
Building, Detached. "Detached building" means a building surrounded by open space on the same lot.
"Building facade" means that portion of an exterior elevation of a building extending from grade to the top of the parapet wall or eaves and the entire width of the building elevation.
"Building facade facing" means a resurfacing of an existing facade with approved material, illuminated or nonilluminated.
"Building, Height of. "Height of building" means the vertical distance from the grade elevation to the highest point of the coping of a flat roof, or to the deck line of a mansard roof, or to a point midway between the lowest part of the eaves or cornice and ridge of a pitch or hip roof.
Building, Main. "Main building" means a building in which is conducted the principal use of the lot on which it is located.
"Building official" means the official or other person charged with the administration and enforcement of this title or his or her duly authorized deputy.
Building, Public. "Public building" means a building owned and operated, or owned and intended to be operated, by a public agency of the United States of America, of the state of Utah, or any of its political subdivisions.
Car Wash, Laundry-Type. "Laundry-type car wash" means a structure or portion thereof containing facilities for washing passenger automobiles, using production-line methods such as, but not limited to, chain conveyor, movable or revolving cleaning brushes, blower, steam cleaning, or similar mechanical devices.
Car Wash, Manual-Spray. "Manual-spray car wash" means a structure or portion thereof containing facilities for washing passenger automobiles, limited to using only hand operated manual spray cleaning equipment and techniques.
"Cellar" means a story having more than one-half its height below the average level of the adjoining ground. A cellar shall not be counted as a story for the purpose of height measurement.
"Changeable copy panel" means a sign panel which is characterized by changeable copy, regardless of method of attachment.
"Clear Vision Triangle" means the area at the comer of a street that must be regulated in order to ensure that vehicles have an unobstructed clear viewing area. To define the clear vision triangle:
"Cluster subdivision" means a subdivision of land in which the areas and widths of residential lots are reduced below the minimum lot areas and lot width requirements of the zone in which the subdivision is located and where equivalent common open space areas are provided to compensate for such lot reduction.
"Common open space" means the land area in a planned residential unit development (PRUD) reserved and set aside for recreational uses, landscaping, open green areas, parking and driveway areas for the common use and enjoyment of the residents of the PRUD.
"Common open space easement" means a required right-of-use granted to Salina City by the owner of a planned residential unit development, on and over land in a PRUD designated as common open space, which easement guarantees to the city that the designated common open space and recreation land is permanently reserved for access, parking and recreation, and open green space purposes in accordance with the plans and specifications approved by the planning commission and city council at the time of approval of the PRUD or as such plans are amended from time to time.
"Condominium project" means a real estate condominium project where ownership of a single unit in a multiunit project, together with an undivided interest in common in the common areas and facilities of the property, is transferred; a plan or project whereby four or more apartments, rooms, office spaces, or other existing and proposed apartments or commercial or industrial buildings or structures are separately offered or proposed to be offered for sale and meeting all requirements of the Condominium Ownership Act of the state of Utah. Structures shall conform with all area, yard, frontage and height regulations of the zone district in which they are located.
"Corral" means a space, other than a building, less than ten thousand (10,000) square feet in area, and less than one hundred (100) feet in width, used for the confinement of animals.
"Court" means an unoccupied open space, other than yard, on the same lot with a building or buildings, which is bounded on two or more sides by the walls of such building or buildings.
Coverage, Lot. "Lot coverage" means the percent of the lot area covered by the main and accessory buildings.
"Dairy" means a commercial establishment for the manufacture, processing, or sale of dairy products.
"Day care center" or "nursery for children" means a building or structure where six or more children are regularly cared for during the day for compensation.
"Dry cleaner" means an establishment which has as its sole purpose the cleaning of fabrics with substantially nonaqueous organic solvents. Laundry establishments with self-service, coin-operated dry cleaning machines shall not be classified as a dry cleaner.
"Dwelling" means a building or portion thereof designed or used as the living quarters for one or more families.
Dwelling Unit, Apartment. "Apartment dwelling unit" means a dwelling unit designed or used to accommodate unrelated persons exclusively.
Dwelling, Group. "Group dwelling" means two or more dwellings placed upon a single lot.
Dwelling, Multiple-Family. "Multiple-family dwelling" means a building arranged or designed to be occupied by three or more families.
Dwelling, Single-Family. "Single-family dwelling" means a building arranged or designed to be occupied by one family, the structure having only one dwelling unit.
Dwelling, Single-Family Row House. "Single-family row house dwelling" means a building built directly against an adjoining building without an open space between, and containing a one-family dwelling unit extending from basement to roof. Each such single-family attached dwelling unit shall have a front and rear entrance. Each group of single-family attached dwellings shall be considered one structure, for purposes of front, rear and side yard requirements.
Dwelling, Two-Family. "Two family dwelling" means a building arranged or designed to be occupied by two families, the structure having only two dwelling units.
"Dwelling unit" means one or more rooms in a dwelling, apartment, hotel or apartment hotel designed for or occupied by one family for living, sleeping and eating purposes. A dwelling unit may contain more than one set of kitchen facilities, whether temporary or permanent, provided they are used only by members of the family occupying the dwelling unit or their nonpaying guests. A dwelling unit may include up to two persons per unit to whom rooms are rented in addition to a family related by blood, marriage, or operation of law, but if the number of such additional persons exceeds two or if they use or are furnished separate cooking facilities, whether temporary or permanent, such additional persons shall be considered a separate dwelling unit.
"Educational institution" means a public elementary or secondary school or a private educational institution having a curriculum similar to that ordinarily given in public schools.
"Family" means one or more persons related by blood, marriage or operation of law, plus domestic servants employed for service on the premises, or a group of bachelor or bachelorettes of not more than four persons who need not be so related, living together as a single nonprofit housekeeping unit.
"Fence" means a tangible barrier or obstruction of any material, with the purpose of intent, or having the effect of, preventing passage or view across the fence line. It includes hedges and walls.
"Floor area" means the sum of the gross horizontal area of the several floors of a building and its accessory buildings on the same lot, excluding cellar and basement floor areas not devoted to residential use, but including the area of roofed terraces. All dimensions shall be measured from the exterior faces of the exterior walls.
"Floor-lot area ratio" means the total floor area of a building divided by the area of the lot on which it is located.
"Frontage" means all the property fronting on one side of the street between intersecting or intercepting streets, or between a street and a right-of-way, waterway, end of dead-end street, or political subdivision boundary, measured along the street line. An intercepting street shall determine only the boundary of the frontage of the side of the street which it intercepts.
Garage, Carport. "Carport garage" means a private garage not completely enclosed by walls or doors. For the purposes of this title, a carport shall be subject to all of the regulations prescribed for a private garage.
Garage, Private. "Private garage" means an enclosed space or accessory building for the storage of one or more motor vehicles, provided that no business, occupation or service is conducted for profit therein nor space therein for more than one car is leased to a nonresident of the premises. A garage shall be considered part of a dwelling if the garage and dwelling have a roof or wall in common, or are connected structurally by a physical connection such as a wall, trellis or solid fence.
Garage, Public. "Public garage" means a building or portion thereof, other than a private garage, designed or used for servicing, repairing, equipping, hiring, selling or storing motor vehicles.
"Grade" means the average level of the finished surface or the ground adjacent to the exterior walls of those buildings more than five feet from a street line. For buildings closer than five feet to a street line, the grade is the sidewalk elevation at the center of the building. If there is more than one street, an average sidewalk elevation is to be used. If there is no sidewalk, the city engineer may establish the grade.
"Guest house" means a separate dwelling structure located on a lot 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 building.
"Home occupation" means any use conducted entirely within a dwelling and carried on by persons residing in the dwelling unit, which use is clearly incidental and secondary to the use of the dwelling for dwelling purposes and does not change the character thereof and in connection with which there is no display, nor stock in trade. The home occupation shall not include the sale of commodities except those which are produced on the premises, and shall not involve the use of any accessory building or yard space or activity, outside of the main building, not normally associated with residential use. Home occupations shall include the use of not more than twenty-five (25) percent of the ground floor area of the home by a physician, surgeon, dentist, lawyer, clergyman, engineer or other persons for consultation, emergency treatment, or providing a part-time service but not for the general practice of a profession, business trade, or general service of a full-time employment. It may include child day care of not more than five children.
"Hotel" means a building designed for or occupied as the more or less temporary abiding place of sixteen (16) or more individuals who are, for compensation, lodged with or without meals.
"Household pets" means animals or fowl ordinarily permitted in the house and kept for company or pleasure, such as dogs, cats or canaries, but not including a sufficient number of dogs or cats to constitute a kennel, as defined in this title.
"Incombustible material" means any material which will not ignite at or below a temperature of one thousand two hundred (1,200) degrees Fahrenheit during an exposure of five minutes, and will not continue to burn or glow at that temperature. Tests shall be made as specified in the Uniform Building Code.
"Junk yard" means the use of any lot, portion of a lot, or tract of land for the storage, keeping or abandonment of junk, including scrap metals or other scrap materials, or for the dismantling, demolition or abandonment of automobiles, or other vehicles, or machinery or parts thereof; provided, that this definition shall not be deemed to include such uses which are clearly incidental to and accessory to any agricultural use permitted in the zone.
"Kennel" means the land or buildings used in the keeping of three or more dogs or cats at least four months old.
"Kindergarten" means a school or class for children generally under six years of age.
"Laundromat" or "launderette" means a self-service laundry establishment where clothes are cleansed in a coin-operated machine. Laundromats or launderettes may include self-service, coin-operated dry cleaning machines.
"Lodging house" means a building where lodging only is provided for compensation to five or more, but not exceeding fifteen (15) persons, in contrast to hotels.
"Lot" means a parcel of land occupied or to be occupied by a main building or group of buildings (main or accessory), together with such yards, open spaces, lot width and lot area as are required by this title, and having frontage upon a street. Except for group dwellings and a guest house, not more than one dwelling structure shall occupy any one lot.
Lot, Corner. "Corner lot" means a lot abutting on two intersecting streets where the interior angle of intersections or interception does not exceed one hundred thirty-five (135) degrees.
Lot, Interior. "Interior lot" means any lot other than a corner lot.
"Maintain" means and includes, but is not limited to the following: service, repair, alter, remodel, reletter, redecorate, repaint, move or remove. It does not include the removal of signs by a licensed wrecking contractor. Owner or leasee of sign my repaint, redecorate and/or change letters or panels on his or her own sign.
Map, Official. "Official map" means any map adopted by the city council under the provisions of Section 17-27-7, Utah Code Annotated 1953, as amended.
"Mobilehome" means a movable living unit designed to be transportable after fabrication on its own wheels, attached wheels, or low boy, suitable for year-round occupancy and containing a flush toilet, sleeping accommodations, a tub or shower bath, kitchen facilities, plumbing and electric connections provided for attachment to appropriate external systems. Pre-sectionalized, modular or prefabbed housing not placed on a permanent foundation shall also be regarded as mobilehome whether or not such units meet the city's building and housing codes.
A mobilehome as defined in the preceding paragraph which meets the city's applicable building and housing codes and which is placed on a permanent foundation is controlled by the zoning ordinance and other applicable ordinances the same as dwelling units constructed in the conventional manner.
"Mobilehome park" means a parcel of land which has been planned and improved for the placement of mobilehomes for residential use.
"Motel" means any building or group of buildings containing sleeping rooms designed for temporary use by automobile tourists or transients, with garage attached or parking space conveniently located to each unit.
"Natural waterways" means those areas, varying in width, along streams, creeks, gullies, springs or washes which are natural drainage channels as determined by the chief building official and in which areas no buildings shall be constructed.
"Nightclub" means a place of entertainment open at night usually serving food and liquor, having a floor show, and providing music and space for dancing.
"Nonconforming building" means a building or structure or portion thereof lawfully existing at the time any applicable zoning regulations become effective, the design, erection, use, height, area or yard dimensions of which do not conform to the provisions of such regulations.
"Nonconforming use" means the prior lawful use of land or of a building or structure which subsequently is prohibited by zoning regulations pertaining to the zone in which the building or land is situated.
"Open green space" means an open space suitable for relaxation or landscaping. It shall be unoccupied and unobstructed by buildings and/or hard surfaces such as asphalt, cement and packed gravel, except that such open green space may be traversed by necessary sidewalks.
"Parcel of land" means a contiguous quantity of land, in the possession of, or owned by, or recorded as the property of the same claimant or person.
"Parking lot" means an open area, other than a street, used for parking of more than four automobiles and available for public use, whether free, for compensation, or as an accommodation for clients or customers.
"Parking space" means space within a building, lot or parking lot for parking or storage of one automobile.
"Paying guest" means any person hiring a room in a dwelling unit for living, eating or sleeping purposes.
"Person" means one or more persons, an association, a co-partnership, or a corporation or firm, either by themselves or by an agent, employee, guardian or trustee.
"Planned residential unit development (PRUD)" means a development in which the regulations of the zone in which the development is situated are waived to allow flexibility and initiative in site and building design and location in accordance with an approved plan and imposed general requirements.
"Planning commission" means the planning commission of Salina City, Utah.
"Private drive" means a nondedicated thoroughfare or road used exclusively for private access to and from private land and/or developments.
"Recreational coach" means a vehicle such as a recreational trailer, tent, camper trailer, truck camper, travel trailer, camp car, other vehicle with or without motive power, designed and/or constructed to travel on the public thoroughfare in accordance with the provisions of the Utah Vehicle Code, designed for the use of human habitation.
"Recreational coach park" means any area or tract of land or a separate, designated section within a mobilehome park where lots are rented or held out for rent to one or more owners or users of recreational coaches for a temporary time not to exceed two weeks.
"Shopping center" means multi-entity commercial complex under single ownership or control which leases space to various commercial establishments.
"Sign" means a presentation or representation of words, letters, figures, designs, pictures or colors, publicly displayed so as to give notice relative to a person, a business, an article of merchandise, a service, an assemblage, a solicitation, or a request for aid; also, the structure or framework or any natural object on which any sign is erected or is intended to be erected or exhibited or which is being used or is intended to be used for sign purposes.
Sign, Advertising. See "sign, off-premises."
Sign, Animated. "Animated sign" means a sign which involves motion or rotation of any part, created by artificial means or displays flashing or intermittent lights.
Sign, Background Area of. "Background area of sign" means the entire background area of a sign upon which copy is placed. In computing area of sign background, only the face or faces which can be seen from any one direction at one time shall be counted.
Sign, Business. "Business sign" means an on-premises sign which directs attention to a use conducted, a commodity sold, or service performed on the premises. A maximum of ten (10) percent of copy area may also advertise a product not manufactured on the premises.
Sign, Cloth. "Cloth sign" means any sign executed upon or composed of any flexible fabric.
Sign, Combination. "Combination sign" means a sign incorporating any combination of the features of projecting, roof or freestanding signs.
Sign, Copy Area of. "Copy area of sign" means the area of a sign that is used for display purposes excluding the minimum frame and supports. In relation to signs that do not have a frame or separate background, sign area shall be computed on the basis of the least rectangle, triangle or circle large enough to frame the display.
Sign, Development. "Development sign" means an on-premises sign identifying a construction project or subdivision development. The sign may contain the name of project, name and address of the construction firm(s), architect and developer.
Sign, Directional. "Directional sign" means an on-premises incidental sign designed to guide or direct pedestrians or vehicular traffic.
Sign, Flat. "Flat sign" means any sign attached to a building or other structure that projects less than eighteen (18) inches beyond the building but extends parallel or substantially parallel thereto.
Sign, Floodlighted. "Floodlighted sign" means any sign illuminated in the absence of daylight only by devices which reflect or project light upon it.
Sign, freestanding. "Freestanding sign" means a sign which is supported by one or more columns, uprights or braces in or upon the ground.
Sign, Identification and Information. "Identification and information sign" means an on-premises sign displayed to indicate the name or nature of a building or use, including all professional and business buildings, home occupations, apartment complexes and public and semipublic buildings. Temporary and development signs are classified in this category only.
Sign, Illuminated. "Illuminated sign" means a sign in which a source of light is used in order to make the message readable. This definition shall include internally and externally lighted signs.
Sign, Incombustible. "Incombustible sign" means a sign which is constructed entirely of incombustible material.
Sign, Marquee. "Marquee sign" means any sign attached to or made an integral part of a marquee.
Sign, Multiple-Copy. "Multiple-copy sign" means a sign which advertises other than the name of the business and the principal project or service.
Sign, Nameplate. "Nameplate sign" means a sign indicating the name of a person or persons residing on the premises.
"Sign, Off-Premises. "Off-premises sign" means a sign which directs attention to a use, product, commodity or service not related to the premises on which it is located.
Sign, On-Premises. See "sign, business."
Sign, Projecting. "Projecting sign" means any attached sign extending in whole or in part more than eighteen (18) inches beyond the building line.
Sign, Roof. "Roof sign" means any sign erected upon or supported by the roof or parapet of a building.
"Sign structure" means any structure which supports any sign as defined in this code. A sign structure may be a single pole or poles or an integral part of a building.
Sign, Temporary. "Temporary sign" means an on-premises sign which is intended to advertise community or civic projects, real estate for sale or lease on a temporary basis. Such sign shall not be erected earlier than thirty (30) days prior to date of beginning of event and shall be removed within thirty (30) days after event is concluded.
Sign, Time and/or Temperature. "Time and/or temperature sign" means a display containing illuminated numerals to show the time and/or temperature.
Sign, Wall. "Wall sign" means a sign which is affixed to an exterior wall of a building or structure and which projects not more than eighteen (18) inches from the building or structure wall and which does not extend more than four feet above the parapet, eaves or building facade of the building on which it is located.
"Site development standards" means established regulations concerning lot areas, yard setbacks, building height, lot coverage, open green space and any other special regulations deemed necessary to accomplish the purpose of this title.
Stable, Private. "Private stable" 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. "Public stable" means a stable other than a private stable.
"Story" means the space within a building, other than a cellar, included between the surface of any floor and the surface of the ceiling next above.
Story, Half. "Half story" means a story with at least two of its sides situated in a sloping roof, the floor area of which does not exceed two-thirds of the floor immediately below it.
"Street" means a public thoroughfare, dedicated, abandoned or condemned for public use prior to the initial enactment of the ordinance codified in this title, which affords the principal means of access of abutting property and is more than twenty-six (26) feet wide, and any public thoroughfare dedicated to the public and accepted by proper public authority or condemned for public use after said date.
“Streets” means any new “streets” constructed within Salina City limits to be dedicated to, and maintained by the city for public use, must be hard surfaced with asphalt or concrete and meet the requirements in the Construction Standard Plan set forth by Salina City.
"Structure" means anything constructed or erected, the use of which requires location on the ground, or attachment to something having location on the ground.
"Structural alteration" means any change in supporting members of a building, such as bearing walls, columns, beams or girders.
"Swimming pool" means any artificial or semi-artificial container, whether indoors, and whether above or below the surface of the ground, or both, used or intended to be used to contain a body of water for swimming by any person or persons, together with all permanent structures, equipment, appliances, and other facilities used or intended for use in and about the operation, maintenance and use of such pool.
Swimming Pool, Family. "Family swimming pool" means a swimming pool used and intended to be used solely by the owner, operator or lessee thereof and his or her family and by guests invited to use it without payment of any fee or consideration.
"Tavern" means any business establishment operating under a Class B beer license. Such establishment shall be limited in number to two per lineal block.
Theater, Indoor Picture. "Indoor picture theater" means a building or part of a building devoted to the showing of moving pictures on a paid admission basis.
Theater, Outdoor Drive-In. "Outdoor drive-in theater" means an open lot or part thereof, with its appurtenant facilities devoted primarily to the showing of moving pictures, on a paid admission basis, to patrons seated in automobiles.
Trim, Nonstructural. "Nonstructural trim" means the molding, battens, caps, nailing strips, latticing, cutouts, or letters and walkways which are attached to a sign structure.
"Uniform Building Code (U.B.C.)" means the current edition of the Uniform Building Code.
"Use" means the specific purposes for which land or a building is designed, arranged, intended, or for which it is or may be occupied or maintained.
Use, Accessory. "Accessory use" means a subordinate use customarily incidental to and located upon the same lot occupied by the main use and devoted exclusively to the main use of the premises.
Use, Conditional. "Conditional use" means a use or occupancy of a building, or use of land, permitted only when authorized upon issuance of a conditional use permit, and subject to the limitations and conditions specified therein as provided in Chapter 17.88, intended to allow compatible integration of uses which may be suitable only in certain locations within a particular zone, or only upon certain conditions and/or design criteria being achieved.
Use, Permitted. "Permitted use" means any use lawfully occupying land or buildings as authorized in the zone regulations and for which no conditional use permit is required.
"Width of lot" means the distance between the side lot lines at the distance back from the front lot line required for the depth of the front yard.
"Yard" means an open space on a lot, other than a court, unoccupied and unobstructed from the ground upward by buildings, except as otherwise provided herein.
Yard, Front. "Front yard" means an open space on the same lot with a building between the front line of the building (exclusive of steps) and the front lot line and extending across the full width of the lot. The depth of the front yard is the minimum distance between the front lot line and front line of the building.
Yard, Rear. "Rear yard" means an open, unoccupied space on the same lot with a building between the rear line of the building (exclusive of steps) and the rear lot line and extending the full width of the lot.
Yard, Side. "Side yard" means an open, unoccupied space on the same lot with a building between the side line of the building (exclusive of steps) and the side lot line and extending from the front yard to the rear yard.
"Zone" means the geographical area of the city within which the zoning regulations are uniform.
"Zoning ordinance" or "ordinance" means the zoning ordinance of Salina City, Utah.
(Ord. 990301 § 1(a)—(d), (f), (g), 1999: ZO §§ 2-1—2-71, 2-73—2-137)
04 GENERAL PROVISIONS AND DEFINITIONS
This title shall be known as the uniform zoning ordinance of Salina City, Utah.
(ZO § 1-1)
This zoning ordinance is designed and enacted for the purpose of promoting the health, safety, morals, convenience, order, prosperity and welfare of the present and future inhabitants of Salina City, Utah, including amongst other things, the lessening of congestion on the streets or roads, securing safety from fire and other danger, providing adequate light and air, the classification of land uses and distribution of land development, protection of the tax base, securing economy in governmental expenditures, fostering the commercial, industrial and agricultural growth, protection of the environment, and the protection of both urban and nonurban development in the city.
(ZO § 1-2)
(ZO § 1-3)
This zoning ordinance, including the maps, may be amended from time to time by the city council after holding a public hearing. At least fifteen (15) days' notice of the time and place of such hearing shall be published in a newspaper of general circulation in the area. All proposed amendments shall be first proposed by the planning commission or shall be submitted to the planning commission for its recommendation, which shall be returned to the city for its consideration within thirty (30) days. Failure of the planning commission to take action on the proposed amendment within the prescribed time shall be deemed approval by such commission of the proposed change or amendment. The city council may overrule the planning commission's recommendation by a majority vote of its members.
(ZO § 1-4)
Applications for rezoning should contain a minimum of five acres and be contiguous to existing property in the requested zone. After review by planning and zoning, the planning and zoning committee may recommend to the Salina City Council that a smaller parcel be rezoned as long as it is contiguous to requested zone. Spot zoning is not desirable but may be approved by the Salina City Council upon recommendation of planning and zoning.
(Ord. No. 060102, § 2, 1-11-2006)
(ZO § 1-5)
The construction, alteration, repair, removal or occupancy of any structure or of any part thereof, as provided or as restricted, in this zoning ordinance shall not be commenced or proceeded with, except after the issuance of a written permit for the same by the chief building official; provided, that no permit shall be necessary where the erection, construction, reconstruction or alteration is minor in character as defined herein, or as determined by the chief building official.
(ZO § 1-6)
No land shall be used or occupied and no building hereafter structurally altered or erected shall be used or changed in use until a certificate of occupancy shall have been issued by the chief building official stating that the building or structure or the proposed use thereof, or the use of land, complies with the provisions of this zoning ordinance. A like certifi-cate shall be issued for the purpose of maintaining, renewing, changing or extending a nonconforming use. A certificate of occupancy, either for the whole or a part of a building or structure, shall be applied for coincidentally with the application for a building permit and shall be issued within ten (10) days after the erection or structural alteration of such building or structure, or part thereof, shall have been completed in conformity with the provisions of this zoning ordinance.
(ZO § 1-7)
All departments, officials and public employees of the city, which are vested with the duty or authority to issue permits or licenses, shall conform to the provisions of this zoning ordinance and shall issue no such permit or license for uses, buildings or purposes where the same would be in conflict with the provisions of this zoning ordinance, and any such permit or license, if issued in conflict with the provisions of this zoning ordinance, shall be null and void.
(ZO § 1-8)
Any structure made or existing, and any use of land, in violation of any provisions of this zoning ordinance is a public nuisance and may be abated by appropriate proceedings.
(ZO § 1-9)
Any person, firm or corporation, whether as principal, agent, employee or otherwise, violating or causing or permitting the violation of any of the provisions of this zoning ordinance shall be guilty of a Class C misdemeanor. Such person, firm or corporation shall be deemed guilty of a separate offense for each and every day during which any portion of any violation of this zoning ordinance is committed, maintained, continued or permitted by such person, firm or corporation, and shall be punishable as herein provided.
(Ord. 990301 § 1(a), 1999: ZO § 1-10)
At the time of the annexation of new territory to the city, the city council, after reviewing the recommendation of the planning commission, shall classify such territory for zoning purposes according to the zones established by this zoning ordinance.
(ZO § 1-11)
The words and terms defined in this chapter shall have the meanings indicated. Words used in the present tense include the future and words in the singular number include the plural and words in the plural include the singular. Words not included herein but defined elsewhere in the city ordinances shall be construed as termed therein. The word "shall" is mandatory.
"Access strip" means a strip of land which is part of a lot and provides access to the part thereof used or to be used for buildings or structures.
"Agriculture" means the tilling of the soil, the raising of crops, horticulture and gardening, but not including keeping or raising of domestic animals and fowl, except household pets, and not including any agricultural industry or business, such as fruit packing plants, fur farms, animal hospital or similar uses.
"Alley" means a public thoroughfare less than twenty-six (26) feet wide.
"Architectural projection" means any projection which is not intended for occupancy and which extends beyond the face of an exterior wall of a building, but shall not include signs.
"Basement" means a story partly underground and having at least one-half its height above the average level of the adjoining ground. A basement shall be counted as a story, for purposes of height measurement.
"Blanketing" or "blanket," when applied to signs or sign structure, means the partial or complete shutting off of the face of one sign by another sign.
"Boarding house" means a building with not more than five guest rooms where, for compensation, meals are provided for at least five but not more than fifteen (15) persons.
"Building" means any structure other than a boundary wall or fence.
Building, Accessory. "Accessory building" means a subordinate building or a portion of the main building on a lot, the use of which is customarily incidental to that of a main or principal building.
Building, Detached. "Detached building" means a building surrounded by open space on the same lot.
"Building facade" means that portion of an exterior elevation of a building extending from grade to the top of the parapet wall or eaves and the entire width of the building elevation.
"Building facade facing" means a resurfacing of an existing facade with approved material, illuminated or nonilluminated.
"Building, Height of. "Height of building" means the vertical distance from the grade elevation to the highest point of the coping of a flat roof, or to the deck line of a mansard roof, or to a point midway between the lowest part of the eaves or cornice and ridge of a pitch or hip roof.
Building, Main. "Main building" means a building in which is conducted the principal use of the lot on which it is located.
"Building official" means the official or other person charged with the administration and enforcement of this title or his or her duly authorized deputy.
Building, Public. "Public building" means a building owned and operated, or owned and intended to be operated, by a public agency of the United States of America, of the state of Utah, or any of its political subdivisions.
Car Wash, Laundry-Type. "Laundry-type car wash" means a structure or portion thereof containing facilities for washing passenger automobiles, using production-line methods such as, but not limited to, chain conveyor, movable or revolving cleaning brushes, blower, steam cleaning, or similar mechanical devices.
Car Wash, Manual-Spray. "Manual-spray car wash" means a structure or portion thereof containing facilities for washing passenger automobiles, limited to using only hand operated manual spray cleaning equipment and techniques.
"Cellar" means a story having more than one-half its height below the average level of the adjoining ground. A cellar shall not be counted as a story for the purpose of height measurement.
"Changeable copy panel" means a sign panel which is characterized by changeable copy, regardless of method of attachment.
"Clear Vision Triangle" means the area at the comer of a street that must be regulated in order to ensure that vehicles have an unobstructed clear viewing area. To define the clear vision triangle:
"Cluster subdivision" means a subdivision of land in which the areas and widths of residential lots are reduced below the minimum lot areas and lot width requirements of the zone in which the subdivision is located and where equivalent common open space areas are provided to compensate for such lot reduction.
"Common open space" means the land area in a planned residential unit development (PRUD) reserved and set aside for recreational uses, landscaping, open green areas, parking and driveway areas for the common use and enjoyment of the residents of the PRUD.
"Common open space easement" means a required right-of-use granted to Salina City by the owner of a planned residential unit development, on and over land in a PRUD designated as common open space, which easement guarantees to the city that the designated common open space and recreation land is permanently reserved for access, parking and recreation, and open green space purposes in accordance with the plans and specifications approved by the planning commission and city council at the time of approval of the PRUD or as such plans are amended from time to time.
"Condominium project" means a real estate condominium project where ownership of a single unit in a multiunit project, together with an undivided interest in common in the common areas and facilities of the property, is transferred; a plan or project whereby four or more apartments, rooms, office spaces, or other existing and proposed apartments or commercial or industrial buildings or structures are separately offered or proposed to be offered for sale and meeting all requirements of the Condominium Ownership Act of the state of Utah. Structures shall conform with all area, yard, frontage and height regulations of the zone district in which they are located.
"Corral" means a space, other than a building, less than ten thousand (10,000) square feet in area, and less than one hundred (100) feet in width, used for the confinement of animals.
"Court" means an unoccupied open space, other than yard, on the same lot with a building or buildings, which is bounded on two or more sides by the walls of such building or buildings.
Coverage, Lot. "Lot coverage" means the percent of the lot area covered by the main and accessory buildings.
"Dairy" means a commercial establishment for the manufacture, processing, or sale of dairy products.
"Day care center" or "nursery for children" means a building or structure where six or more children are regularly cared for during the day for compensation.
"Dry cleaner" means an establishment which has as its sole purpose the cleaning of fabrics with substantially nonaqueous organic solvents. Laundry establishments with self-service, coin-operated dry cleaning machines shall not be classified as a dry cleaner.
"Dwelling" means a building or portion thereof designed or used as the living quarters for one or more families.
Dwelling Unit, Apartment. "Apartment dwelling unit" means a dwelling unit designed or used to accommodate unrelated persons exclusively.
Dwelling, Group. "Group dwelling" means two or more dwellings placed upon a single lot.
Dwelling, Multiple-Family. "Multiple-family dwelling" means a building arranged or designed to be occupied by three or more families.
Dwelling, Single-Family. "Single-family dwelling" means a building arranged or designed to be occupied by one family, the structure having only one dwelling unit.
Dwelling, Single-Family Row House. "Single-family row house dwelling" means a building built directly against an adjoining building without an open space between, and containing a one-family dwelling unit extending from basement to roof. Each such single-family attached dwelling unit shall have a front and rear entrance. Each group of single-family attached dwellings shall be considered one structure, for purposes of front, rear and side yard requirements.
Dwelling, Two-Family. "Two family dwelling" means a building arranged or designed to be occupied by two families, the structure having only two dwelling units.
"Dwelling unit" means one or more rooms in a dwelling, apartment, hotel or apartment hotel designed for or occupied by one family for living, sleeping and eating purposes. A dwelling unit may contain more than one set of kitchen facilities, whether temporary or permanent, provided they are used only by members of the family occupying the dwelling unit or their nonpaying guests. A dwelling unit may include up to two persons per unit to whom rooms are rented in addition to a family related by blood, marriage, or operation of law, but if the number of such additional persons exceeds two or if they use or are furnished separate cooking facilities, whether temporary or permanent, such additional persons shall be considered a separate dwelling unit.
"Educational institution" means a public elementary or secondary school or a private educational institution having a curriculum similar to that ordinarily given in public schools.
"Family" means one or more persons related by blood, marriage or operation of law, plus domestic servants employed for service on the premises, or a group of bachelor or bachelorettes of not more than four persons who need not be so related, living together as a single nonprofit housekeeping unit.
"Fence" means a tangible barrier or obstruction of any material, with the purpose of intent, or having the effect of, preventing passage or view across the fence line. It includes hedges and walls.
"Floor area" means the sum of the gross horizontal area of the several floors of a building and its accessory buildings on the same lot, excluding cellar and basement floor areas not devoted to residential use, but including the area of roofed terraces. All dimensions shall be measured from the exterior faces of the exterior walls.
"Floor-lot area ratio" means the total floor area of a building divided by the area of the lot on which it is located.
"Frontage" means all the property fronting on one side of the street between intersecting or intercepting streets, or between a street and a right-of-way, waterway, end of dead-end street, or political subdivision boundary, measured along the street line. An intercepting street shall determine only the boundary of the frontage of the side of the street which it intercepts.
Garage, Carport. "Carport garage" means a private garage not completely enclosed by walls or doors. For the purposes of this title, a carport shall be subject to all of the regulations prescribed for a private garage.
Garage, Private. "Private garage" means an enclosed space or accessory building for the storage of one or more motor vehicles, provided that no business, occupation or service is conducted for profit therein nor space therein for more than one car is leased to a nonresident of the premises. A garage shall be considered part of a dwelling if the garage and dwelling have a roof or wall in common, or are connected structurally by a physical connection such as a wall, trellis or solid fence.
Garage, Public. "Public garage" means a building or portion thereof, other than a private garage, designed or used for servicing, repairing, equipping, hiring, selling or storing motor vehicles.
"Grade" means the average level of the finished surface or the ground adjacent to the exterior walls of those buildings more than five feet from a street line. For buildings closer than five feet to a street line, the grade is the sidewalk elevation at the center of the building. If there is more than one street, an average sidewalk elevation is to be used. If there is no sidewalk, the city engineer may establish the grade.
"Guest house" means a separate dwelling structure located on a lot 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 building.
"Home occupation" means any use conducted entirely within a dwelling and carried on by persons residing in the dwelling unit, which use is clearly incidental and secondary to the use of the dwelling for dwelling purposes and does not change the character thereof and in connection with which there is no display, nor stock in trade. The home occupation shall not include the sale of commodities except those which are produced on the premises, and shall not involve the use of any accessory building or yard space or activity, outside of the main building, not normally associated with residential use. Home occupations shall include the use of not more than twenty-five (25) percent of the ground floor area of the home by a physician, surgeon, dentist, lawyer, clergyman, engineer or other persons for consultation, emergency treatment, or providing a part-time service but not for the general practice of a profession, business trade, or general service of a full-time employment. It may include child day care of not more than five children.
"Hotel" means a building designed for or occupied as the more or less temporary abiding place of sixteen (16) or more individuals who are, for compensation, lodged with or without meals.
"Household pets" means animals or fowl ordinarily permitted in the house and kept for company or pleasure, such as dogs, cats or canaries, but not including a sufficient number of dogs or cats to constitute a kennel, as defined in this title.
"Incombustible material" means any material which will not ignite at or below a temperature of one thousand two hundred (1,200) degrees Fahrenheit during an exposure of five minutes, and will not continue to burn or glow at that temperature. Tests shall be made as specified in the Uniform Building Code.
"Junk yard" means the use of any lot, portion of a lot, or tract of land for the storage, keeping or abandonment of junk, including scrap metals or other scrap materials, or for the dismantling, demolition or abandonment of automobiles, or other vehicles, or machinery or parts thereof; provided, that this definition shall not be deemed to include such uses which are clearly incidental to and accessory to any agricultural use permitted in the zone.
"Kennel" means the land or buildings used in the keeping of three or more dogs or cats at least four months old.
"Kindergarten" means a school or class for children generally under six years of age.
"Laundromat" or "launderette" means a self-service laundry establishment where clothes are cleansed in a coin-operated machine. Laundromats or launderettes may include self-service, coin-operated dry cleaning machines.
"Lodging house" means a building where lodging only is provided for compensation to five or more, but not exceeding fifteen (15) persons, in contrast to hotels.
"Lot" means a parcel of land occupied or to be occupied by a main building or group of buildings (main or accessory), together with such yards, open spaces, lot width and lot area as are required by this title, and having frontage upon a street. Except for group dwellings and a guest house, not more than one dwelling structure shall occupy any one lot.
Lot, Corner. "Corner lot" means a lot abutting on two intersecting streets where the interior angle of intersections or interception does not exceed one hundred thirty-five (135) degrees.
Lot, Interior. "Interior lot" means any lot other than a corner lot.
"Maintain" means and includes, but is not limited to the following: service, repair, alter, remodel, reletter, redecorate, repaint, move or remove. It does not include the removal of signs by a licensed wrecking contractor. Owner or leasee of sign my repaint, redecorate and/or change letters or panels on his or her own sign.
Map, Official. "Official map" means any map adopted by the city council under the provisions of Section 17-27-7, Utah Code Annotated 1953, as amended.
"Mobilehome" means a movable living unit designed to be transportable after fabrication on its own wheels, attached wheels, or low boy, suitable for year-round occupancy and containing a flush toilet, sleeping accommodations, a tub or shower bath, kitchen facilities, plumbing and electric connections provided for attachment to appropriate external systems. Pre-sectionalized, modular or prefabbed housing not placed on a permanent foundation shall also be regarded as mobilehome whether or not such units meet the city's building and housing codes.
A mobilehome as defined in the preceding paragraph which meets the city's applicable building and housing codes and which is placed on a permanent foundation is controlled by the zoning ordinance and other applicable ordinances the same as dwelling units constructed in the conventional manner.
"Mobilehome park" means a parcel of land which has been planned and improved for the placement of mobilehomes for residential use.
"Motel" means any building or group of buildings containing sleeping rooms designed for temporary use by automobile tourists or transients, with garage attached or parking space conveniently located to each unit.
"Natural waterways" means those areas, varying in width, along streams, creeks, gullies, springs or washes which are natural drainage channels as determined by the chief building official and in which areas no buildings shall be constructed.
"Nightclub" means a place of entertainment open at night usually serving food and liquor, having a floor show, and providing music and space for dancing.
"Nonconforming building" means a building or structure or portion thereof lawfully existing at the time any applicable zoning regulations become effective, the design, erection, use, height, area or yard dimensions of which do not conform to the provisions of such regulations.
"Nonconforming use" means the prior lawful use of land or of a building or structure which subsequently is prohibited by zoning regulations pertaining to the zone in which the building or land is situated.
"Open green space" means an open space suitable for relaxation or landscaping. It shall be unoccupied and unobstructed by buildings and/or hard surfaces such as asphalt, cement and packed gravel, except that such open green space may be traversed by necessary sidewalks.
"Parcel of land" means a contiguous quantity of land, in the possession of, or owned by, or recorded as the property of the same claimant or person.
"Parking lot" means an open area, other than a street, used for parking of more than four automobiles and available for public use, whether free, for compensation, or as an accommodation for clients or customers.
"Parking space" means space within a building, lot or parking lot for parking or storage of one automobile.
"Paying guest" means any person hiring a room in a dwelling unit for living, eating or sleeping purposes.
"Person" means one or more persons, an association, a co-partnership, or a corporation or firm, either by themselves or by an agent, employee, guardian or trustee.
"Planned residential unit development (PRUD)" means a development in which the regulations of the zone in which the development is situated are waived to allow flexibility and initiative in site and building design and location in accordance with an approved plan and imposed general requirements.
"Planning commission" means the planning commission of Salina City, Utah.
"Private drive" means a nondedicated thoroughfare or road used exclusively for private access to and from private land and/or developments.
"Recreational coach" means a vehicle such as a recreational trailer, tent, camper trailer, truck camper, travel trailer, camp car, other vehicle with or without motive power, designed and/or constructed to travel on the public thoroughfare in accordance with the provisions of the Utah Vehicle Code, designed for the use of human habitation.
"Recreational coach park" means any area or tract of land or a separate, designated section within a mobilehome park where lots are rented or held out for rent to one or more owners or users of recreational coaches for a temporary time not to exceed two weeks.
"Shopping center" means multi-entity commercial complex under single ownership or control which leases space to various commercial establishments.
"Sign" means a presentation or representation of words, letters, figures, designs, pictures or colors, publicly displayed so as to give notice relative to a person, a business, an article of merchandise, a service, an assemblage, a solicitation, or a request for aid; also, the structure or framework or any natural object on which any sign is erected or is intended to be erected or exhibited or which is being used or is intended to be used for sign purposes.
Sign, Advertising. See "sign, off-premises."
Sign, Animated. "Animated sign" means a sign which involves motion or rotation of any part, created by artificial means or displays flashing or intermittent lights.
Sign, Background Area of. "Background area of sign" means the entire background area of a sign upon which copy is placed. In computing area of sign background, only the face or faces which can be seen from any one direction at one time shall be counted.
Sign, Business. "Business sign" means an on-premises sign which directs attention to a use conducted, a commodity sold, or service performed on the premises. A maximum of ten (10) percent of copy area may also advertise a product not manufactured on the premises.
Sign, Cloth. "Cloth sign" means any sign executed upon or composed of any flexible fabric.
Sign, Combination. "Combination sign" means a sign incorporating any combination of the features of projecting, roof or freestanding signs.
Sign, Copy Area of. "Copy area of sign" means the area of a sign that is used for display purposes excluding the minimum frame and supports. In relation to signs that do not have a frame or separate background, sign area shall be computed on the basis of the least rectangle, triangle or circle large enough to frame the display.
Sign, Development. "Development sign" means an on-premises sign identifying a construction project or subdivision development. The sign may contain the name of project, name and address of the construction firm(s), architect and developer.
Sign, Directional. "Directional sign" means an on-premises incidental sign designed to guide or direct pedestrians or vehicular traffic.
Sign, Flat. "Flat sign" means any sign attached to a building or other structure that projects less than eighteen (18) inches beyond the building but extends parallel or substantially parallel thereto.
Sign, Floodlighted. "Floodlighted sign" means any sign illuminated in the absence of daylight only by devices which reflect or project light upon it.
Sign, freestanding. "Freestanding sign" means a sign which is supported by one or more columns, uprights or braces in or upon the ground.
Sign, Identification and Information. "Identification and information sign" means an on-premises sign displayed to indicate the name or nature of a building or use, including all professional and business buildings, home occupations, apartment complexes and public and semipublic buildings. Temporary and development signs are classified in this category only.
Sign, Illuminated. "Illuminated sign" means a sign in which a source of light is used in order to make the message readable. This definition shall include internally and externally lighted signs.
Sign, Incombustible. "Incombustible sign" means a sign which is constructed entirely of incombustible material.
Sign, Marquee. "Marquee sign" means any sign attached to or made an integral part of a marquee.
Sign, Multiple-Copy. "Multiple-copy sign" means a sign which advertises other than the name of the business and the principal project or service.
Sign, Nameplate. "Nameplate sign" means a sign indicating the name of a person or persons residing on the premises.
"Sign, Off-Premises. "Off-premises sign" means a sign which directs attention to a use, product, commodity or service not related to the premises on which it is located.
Sign, On-Premises. See "sign, business."
Sign, Projecting. "Projecting sign" means any attached sign extending in whole or in part more than eighteen (18) inches beyond the building line.
Sign, Roof. "Roof sign" means any sign erected upon or supported by the roof or parapet of a building.
"Sign structure" means any structure which supports any sign as defined in this code. A sign structure may be a single pole or poles or an integral part of a building.
Sign, Temporary. "Temporary sign" means an on-premises sign which is intended to advertise community or civic projects, real estate for sale or lease on a temporary basis. Such sign shall not be erected earlier than thirty (30) days prior to date of beginning of event and shall be removed within thirty (30) days after event is concluded.
Sign, Time and/or Temperature. "Time and/or temperature sign" means a display containing illuminated numerals to show the time and/or temperature.
Sign, Wall. "Wall sign" means a sign which is affixed to an exterior wall of a building or structure and which projects not more than eighteen (18) inches from the building or structure wall and which does not extend more than four feet above the parapet, eaves or building facade of the building on which it is located.
"Site development standards" means established regulations concerning lot areas, yard setbacks, building height, lot coverage, open green space and any other special regulations deemed necessary to accomplish the purpose of this title.
Stable, Private. "Private stable" 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. "Public stable" means a stable other than a private stable.
"Story" means the space within a building, other than a cellar, included between the surface of any floor and the surface of the ceiling next above.
Story, Half. "Half story" means a story with at least two of its sides situated in a sloping roof, the floor area of which does not exceed two-thirds of the floor immediately below it.
"Street" means a public thoroughfare, dedicated, abandoned or condemned for public use prior to the initial enactment of the ordinance codified in this title, which affords the principal means of access of abutting property and is more than twenty-six (26) feet wide, and any public thoroughfare dedicated to the public and accepted by proper public authority or condemned for public use after said date.
“Streets” means any new “streets” constructed within Salina City limits to be dedicated to, and maintained by the city for public use, must be hard surfaced with asphalt or concrete and meet the requirements in the Construction Standard Plan set forth by Salina City.
"Structure" means anything constructed or erected, the use of which requires location on the ground, or attachment to something having location on the ground.
"Structural alteration" means any change in supporting members of a building, such as bearing walls, columns, beams or girders.
"Swimming pool" means any artificial or semi-artificial container, whether indoors, and whether above or below the surface of the ground, or both, used or intended to be used to contain a body of water for swimming by any person or persons, together with all permanent structures, equipment, appliances, and other facilities used or intended for use in and about the operation, maintenance and use of such pool.
Swimming Pool, Family. "Family swimming pool" means a swimming pool used and intended to be used solely by the owner, operator or lessee thereof and his or her family and by guests invited to use it without payment of any fee or consideration.
"Tavern" means any business establishment operating under a Class B beer license. Such establishment shall be limited in number to two per lineal block.
Theater, Indoor Picture. "Indoor picture theater" means a building or part of a building devoted to the showing of moving pictures on a paid admission basis.
Theater, Outdoor Drive-In. "Outdoor drive-in theater" means an open lot or part thereof, with its appurtenant facilities devoted primarily to the showing of moving pictures, on a paid admission basis, to patrons seated in automobiles.
Trim, Nonstructural. "Nonstructural trim" means the molding, battens, caps, nailing strips, latticing, cutouts, or letters and walkways which are attached to a sign structure.
"Uniform Building Code (U.B.C.)" means the current edition of the Uniform Building Code.
"Use" means the specific purposes for which land or a building is designed, arranged, intended, or for which it is or may be occupied or maintained.
Use, Accessory. "Accessory use" means a subordinate use customarily incidental to and located upon the same lot occupied by the main use and devoted exclusively to the main use of the premises.
Use, Conditional. "Conditional use" means a use or occupancy of a building, or use of land, permitted only when authorized upon issuance of a conditional use permit, and subject to the limitations and conditions specified therein as provided in Chapter 17.88, intended to allow compatible integration of uses which may be suitable only in certain locations within a particular zone, or only upon certain conditions and/or design criteria being achieved.
Use, Permitted. "Permitted use" means any use lawfully occupying land or buildings as authorized in the zone regulations and for which no conditional use permit is required.
"Width of lot" means the distance between the side lot lines at the distance back from the front lot line required for the depth of the front yard.
"Yard" means an open space on a lot, other than a court, unoccupied and unobstructed from the ground upward by buildings, except as otherwise provided herein.
Yard, Front. "Front yard" means an open space on the same lot with a building between the front line of the building (exclusive of steps) and the front lot line and extending across the full width of the lot. The depth of the front yard is the minimum distance between the front lot line and front line of the building.
Yard, Rear. "Rear yard" means an open, unoccupied space on the same lot with a building between the rear line of the building (exclusive of steps) and the rear lot line and extending the full width of the lot.
Yard, Side. "Side yard" means an open, unoccupied space on the same lot with a building between the side line of the building (exclusive of steps) and the side lot line and extending from the front yard to the rear yard.
"Zone" means the geographical area of the city within which the zoning regulations are uniform.
"Zoning ordinance" or "ordinance" means the zoning ordinance of Salina City, Utah.
(Ord. 990301 § 1(a)—(d), (f), (g), 1999: ZO §§ 2-1—2-71, 2-73—2-137)