In this chapter, it is the intent of the city council to define certain words and phrases in order that they may be understood when used in other sections of the zoning ordinance. Words used in the present tense include the future, the singular includes the plural and the plural the singular. Further questions concerning definitions as defined in this chapter shall be referred to the zoning administrator, or other authorized officer. (Ord. 2-01-2002, 2-5-2002, eff. 2-5-2002)

The following terms, as defined, shall apply as such throughout this title:

ABUTTING: See definition of Adjacent.

ACCESSORY APARTMENT: See definition of Dwelling, Accessory Unit.

ACCESSORY BUILDING: An incidental, subordinate building customarily subordinate to and located upon the same lot occupied by the main use or building, including detached garages.

ACCESSORY USE: A use conducted on the same lot as the primary use to which it is related or a use which is clearly incidental to and customarily found in connection with such primary use.

ADJACENT: Structures, properties, lots, and/or features existing next to or contiguous to each other and which may be separated by a street, easement, or other right of way.

AGRIBUSINESS: Agriculturally related businesses that supply farm inputs (such as fertilizer or equipment) or are involved in the marketing of farm products (such as warehouses, processors, wholesalers, transporters, and retailers). Agribusiness does not include a farm.

AGRICULTURE: The growing of soil crops in a customary manner in the open or within greenhouses. It shall also include livestock raising activities with the exception of feedlots. Agriculture shall not include retailing of products on the premises.

AGRICULTURE BUILDING: All buildings, other than dwellings, which are incidental to a farming operation including, but not limited to, buildings for the storage of materials, equipment, machinery with associated parts, or the keeping of livestock, other farm animals and necessary feed. This does not include buildings for the processing of crops for consumption as may be associated with an agribusiness.

AGRICULTURE PROTECTION AREA: A geographic area created and granted the specific legal protections under the authority of Utah Code 17-41, agriculture protection area, and this title.

AGRITOURISM: The practice of touring agricultural areas to view and participate in agricultural related activities for recreational, entertainment, or educational purposes. Activities, for visitors to enjoy in a commercial or non-commercial way, shall be secondary to and supportive of the agricultural use of the property without taking away from the distinct farming purpose and character of the area. Such activities may include receptions, photography, markets, u-pick, temporary festivals, temporary hospitality, and farming demonstrations.

ALCOHOLIC BEVERAGE, CLASS A ESTABLISHMENT: An establishment that sells beer on the premises, in original sealed containers no larger than two liters (2 for consumption off the premises, in accordance with the ordinances of the city, provided beer is not sold by minors, exceptas provided by state law. No beer shall be sold through a drive-up window.

ALCOHOLIC BEVERAGE, CLASS B ESTABLISHMENT: An establishment that sells beer in the original containers, and on draft, in containers no larger than two liters (2 , for on premises consumption; beer in sealed containers no larger than two liters (2may be sold for consumption off premises in accordance with the alcoholic beverage control act, and the ordinances of the city.

ALCOHOLIC BEVERAGE, CLASS C ESTABLISHMENT: A restaurant or private club that sells liquor and beer for consumption on the premises, and to sell beer in sealed containers no larger than two liters (2 for off premises consumption, as specifically defined in, and in accordance with, the alcoholic beverage control act.

ALCOHOLIC BEVERAGE, CLASS D ESTABLISHMENT: A license which allows the storage, sale, service, and consumption of liquor, wine, heavy beer, and beer for contracted banquet activities on the premises of a hotel, resort facility, sports center, or convention center. It also allows for room service in hotels and resorts.

ALCOHOLIC BEVERAGE, CLASS E ESTABLISHMENT: Liquor stores that offer a selection of liquor and alcohol products. They may be located in hotels, resorts and as a stand alone building. Products are sold for consumption off the agency premises.

ALCOHOLIC BEVERAGE, TEMPORARY LICENSE: Temporary beer licenses, for sale or dispensing of beer, may be issued for a period of time not to exceed thirty (30) days, and in accordance with the ordinances of the city.

APPROACH: A curb cut of not more than thirty feet (30') in width measured at the back of the sidewalk.

ARCADE: An establishment, public area, etc., containing at least five (5) games of a mechanical and electronic type, such as pinball, video games, etc., that can be played by a customer for a fee.

ART GALLERY: A room or series of rooms where works of art are exhibited and which may be sold. This may also include offices and work areas for artists.

AUTO, TRUCK, RECREATIONAL VEHICLE, AND EQUIPMENT SALES OR RENTAL: Sales or rental of either new or used motor vehicles and equipment from indoor or outdoor areas, but not to include nonserviceable or junk vehicles or equipment.

AUTO, TRUCK, RECREATIONAL VEHICLE, AND EQUIPMENT STORAGE: Temporary outside storage of either new or used motor vehicles and/or equipment awaiting distribution. Such storage does not include an impound lot.

AUTOMOTIVE CAR WASH SERVICE: An establishment engaged in cleaning the exterior and, in some cases, the interior of motor vehicles. Car washes can be self-serve, fully automated, or full-service with attendants who wash the vehicle.

AUTOMOTIVE SERVICE AND REPAIR: establishment primarily engaged in the repair or maintenance of motor vehicles, trailers, and similar large mechanical equipment, but not limited to including brake, muffler, tire repair and change, lubrication, tune ups, safety inspections and emission testing, detailing shops, paint, body and fender and engine and engine parts, provided, it is conducted within a building or behind a sight obscuring fence. Accessory activities may include a car wash service.

AUTOMOTIVE SERVICE STATION: An establishment whose primary purpose is the selling of gasoline and/or other vehicle fuels; oil and lubricant services. Accessory activities may include car wash service and food sales.

BAKERY, COMMERCIAL: A workplace, generally less than fifteen thousand (15,000) square feet, where baked goods (breads, cakes and pastries) are produced and sold.

BED AND BREAKFAST HOME: A single-family dwelling with not less than two (2) and not more than eight (8) guestrooms where lodging, with or without meals, is provided for compensation with stays not to exceed twenty nine (29) days.

BOARDING FACILITY: A private or commercially operated series of stables, barns, paddocks, and/or other shelters and exercising facilities in which large or medium farm animals are fed, exercised and/or cared for on a short or long term basis for a fee. This definition does not include kennels.

BREWPUB: A small brewery, generally producing fewer than ten thousand (10,000) barrels of beer and ale a year and frequently selling its products on the premises in combination with food.

BUILDABLE AREA: The maximum possible area of a lot on which a structure can be built as defined by the lot setback requirements within the zone in which the lot is located.

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

Accessory Building: A subordinate building, the use of which is incidental to that of the main building. See definition of Dwelling, Accessory Unit.

Building Line: A line designating the minimum distance which buildings must be set back from a street or lot line.

Main Building: One or more principal buildings upon a lot.

CABINET MAKING/WOODWORKING: An establishment for making furniture or other items out of wood or similar materials.

CARPORT: A structure with one, two (2), or no walls for the shelter of automobiles.

CERTIFICATE OF OCCUPANCY: An official written authorization to occupy a structure issued by or under the direction of the city building official.

CHILD: A person less than eighteen (18) years of age.

CHILD GROUP ACTIVITY: A regularly scheduled activity, class, gathering, or event (e.g., dance schools, preschool, music classes, swimming classes, etc.) for children. Such activities typically have ongoing or open enrollment and the person who has organized the activity receives direct or indirect compensation for conducting such.

CHILD ORIENTED HOME OCCUPATIONS: A home occupation that functions as daycare for children and/or conducts one or more child group activities. A child oriented home occupation may be either a "minor home occupation" or "major home occupation" as defined herein.

COLD STORAGE REFRIGERATION WAREHOUSE: A facility used for the storage, warehousing and shipping of items such as food or pharmaceuticals that require a refrigerated environment.

COMMERCIAL, ANCILLARY: In a mixed use development, a retail use which is secondary in use and scale to a large scale office or residential development. Such uses are normally associated with, and supply services to the principal use. Ancillary retail uses might include, but are not limited to, office supplies, financial services, copy centers, dry cleaners, athletic clubs, and restaurants.

COMMERCIAL, CONVENIENCE: Establishments which are designed and intended to serve the daily or frequent trade or service needs of surrounding population. Such establishments typically include grocery stores, variety stores, drugstores, dry cleaning, beauty shops, barbershops, or a combination thereof and having floor areas typically less than fifty thousand (50,000) square feet. Convenience stores do not typically include repair garages, automobile sales, service or storage.

COMMERCIAL, COSMETOLOGY: Establishments which are designed and intended to serve the daily or frequent cosmetology service needs of the surrounding population. Such establishments typically include hairstyling, skin care, tanning, makeup application, eyelash treatments, waxing, nail care, permanent makeup applications, and other beauty treatments. This does not include tattooing.

COMMERCIAL, HEAVY: An establishment or business which generally uses open sales yards, outside equipment storage, or outside activities that generate noise or other impacts considered incompatible with less intense uses. Typical businesses in this definition are lumberyards, construction specialty services, heavy equipment suppliers, or building contractors.

COMMERCIAL, INDUSTRAIL EQUIPMENT SALES: A facility for the display and sale of equipment and machinery used for commercial and industrial purposes. This does not typically include repair or service of equipment.

COMMERCIAL, RECREATION: An establishment providing completely enclosed recreation activities. Accessory uses may include the preparation and serving of food and/or the sale of equipment related to the enclosed uses. Included in this definition shall be bowling, roller or ice skating, billiards, indoor and outdoor swimming pools, tennis clubs, strength training and related amusements. This does not include theaters.

COMMERCIAL, RETAIL SALES AND SERVICES: Establishments which primarily engage in the sale of general retail goods and/or accessory services (e.g., businesses within this definition include those which conduct sales and storage entirely within an enclosed structure, with the exception of occasional outdoor "sidewalk" promotions); and businesses specializing in the sale of either general merchandise or convenience goods. Services may include laundromats with coin operated self-service machines, furniture and appliance stores, and repair services for small household appliances or equipment. Work conducted on the premises may include handicraft production of tangible goods such as pottery, jewelry, picture frames, or leather goods.

COMMON AREA: An area designed to be used by two (2) or more dwelling units, typically used in the development of large scale developments.

COMMON WALL: A single wall shared by two (2) or more buildings or by two (2) or more units within a single building.

CONDITIONAL USE: A use which requires approval of the planning commission prior to the issuance of a permit for construction or commencement of use. A use which requires individual consideration of surrounding conditions and circumstances prior to approval. Approval by the planning commission may be given with conditions.

CONFERENCE AND CONVENTION FACILITY: A stand alone facility, not part of a larger development, designed to accommodate conventions, consumer shows, trade shows, conferences, seminars, product displays, recreation activities and entertainment functions, along with accessory functions including temporary outdoor displays, indoor dances, holiday celebrations, and food and beverage preparation and service for on premises consumption.

CONTOUR MAP: A map on which irregularities of the earth's surface are shown by lines connecting points of equal elevations. Contour interval is the vertical height between contour lines.

CONVENIENCE STORE OR SHOP: See definition of Commercial, Convenience.

CORE AREA: The central area of Santaquin City located within the following boundaries starting at the intersection of Main Street and Interstate 15; West to 450 East, then North to 550 North, thence west to Center Street, thence south to 400 North, thence west to 500 West, thence south to Main Street, thence east to 400 West, thence south to 550 South, thence east to Center Street, thence south to Interstate 15, thence along Interstate 15 to the point of beginning. This boundary is more fully illustrated in the following graphic titled Santaquin Core Area.

CORRAL: A fenced enclosure, other than a building, used for the confinement of animals or livestock, usually without pasture grass growing on it. The primary source of feed is provided from sources other than grazing or herbage growing on the site.

CRISIS RESPITE: A facility providing a twenty four (24) hour crisis shelter to protect children and help families cope with crisis. Such facility is licensed through the state department of human services and provides programs designed to offer immediate, temporary respite care (up to 72 hours) to children ranging in age from one week to generally eleven (11) years of age.

CROPLAND: Land used primarily for the production of row crops, close growing crops, and fruit and nut crops.

CURB CUT: A cut in the curb line designed for the passage of vehicles.

DANCE HALL, DISCOTHEQUE: An establishment intended primarily for dancing and entertainment within an enclosed dance floor space, using either live or electronically produced music, either open to the public or operated as a private club open to members only.

DATA CENTER: An establishment specifically intended to facilitate a group of networked computer servers typically used for the remote storage, processing, or distribution of data, and which may include transaction processing equipment, related infrastructure support equipment, and cooling equipment.

DAY TREATMENT: A program or facility providing services to individuals who have emotional, psychological, developmental, physical, or behavioral dysfunctions, impairments, or chemical dependencies. Day treatment is licensed by the state of Utah and provided in lieu of, or in coordination with, a more restrictive residential or inpatient environment and means specialized treatment for less than twenty four (24) hours a day, for four (4) or more persons who are unrelated to the owner or provider in accordance with state rules and regulations. This does not include sheltered workshops.

DAYCARE: The provision of care for four (4) or more cumulative hours during the day for a group of individuals not related by blood or marriage to, or not the legal wards or foster children of, the attendant adult, with or without compensation, specifically:

Adult Daycare: A facility licensed through the state department of human services or department of health as an adult daycare and which is typically a nonresidential care facility providing supervision for three (3) or more adults for at least four (4) but less than twenty four (24) hours a day; and that offers a variety of health, social, recreational, and related support services in a protective setting to functionally impaired adults. Adult daycare does not include residential facilities for the elderly or a residential facility for persons with a disability.

Daycare Center: A nonresidential care facility wherein daycare is provided for five (5) or more children, for less than twenty four (24) hours per day, having a regularly scheduled, ongoing enrollment, for direct or indirect compensation and licensed by the state of Utah.

Family Daycare: A home wherein care is provided for at least one, but not more than eight (8) children who are unrelated by blood or marriage to, or not the legal wards or foster children of, the attendant adult at one time for less than twenty four (24) hours a day and which may be licensed by the state of Utah.

Family Group Daycare: A home wherein care is provided for nine (9) to sixteen (16) or more children not related by blood or marriage to, or not the legal wards or foster children of, the attendant adult, for less than twenty four (24) hours a day, for direct or indirect compensation and licensed by the state of Utah.

DECIBEL: Logarithmic and dimensionless unit of measure often used in describing the amplitude of sound. Decibel is denoted dB.

DENSITY: The number of dwelling units per acre of land.

DEVELOPMENT: The carrying out of any building activity or the making of any material change to the use or appearance of any structure or land.

1. The following shall be considered to be "development":
   1. The construction of any building or structure which requires the issuance of a building permit;
   2. The increased intensity of land use, such as the increase in the number of dwelling units or nonresidential uses;
   3. Alteration of a natural waterway;
   4. Commencement of drilling, except to obtain soil samples, the driving of piles, or the excavation upon a parcel of land;
   5. Clearing of land for the purpose of construction including the removal of vegetation, the disruption of vegetation, or soil manipulation; and
   6. The deposition of fill materials upon a parcel of land for the general purpose of grading.
2. The following shall not be considered to be "development":
   1. Cleanup projects along roadways or on undeveloped properties for the purpose of maintenance of the parcel of land;
   2. Utility installation;
   3. Landscaping; and
   4. Maintenance in association with existing landscaped areas or existing rights of way.

DRIVE-IN RETAIL: Any form of merchandising, serving, or dispersing of goods in which service is provided to customers while they remain in their automobiles.

DWELLING, ACCESSORY UNIT: A dwelling unit that is located on the parcel of a single-family home or within a single-family home. One accessory dwelling unit together with a single-family dwelling shall not constitute a two-family dwelling for the purposes of this code, so long as the owner of the property maintains either dwelling as their primary residence.

1. ATTACHED: A dwelling unit which is self-contained but secondary to and incorporated within an owner-occupied single-family dwelling and which will not substantially alter any structure or the appearance of any structure as a single-family residence.
2. DETACHED: A dwelling unit which is self-contained but secondary to and on the same parcel as an owner-occupied single-family dwelling.
   

DWELLING, BACHELOR: A dwelling unit which is designed to be occupied by three (3) or more nonrelated adults.

DWELLING, BUNKHOUSE: A city approved building which provides sleeping quarters and possibly limited food preparation and/or personal hygiene facilities for ranch hands, seasonal workers or farm help.

DWELLING, CARETAKER: A dwelling which is designed and intended to be occupied by a person whose function it is to watch or take care of a business or industry which is located on the same premises as the dwelling. This may also include a detached guest cottage on parcels with detached single-family dwellings.

DWELLING, MULTIPLE-UNIT OR MULTIPLE-FAMILY: A building or series of buildings consisting of two (2) or more independent dwelling units, each of which is designed for and occupied by only one family. Multiple-family dwellings include the following dwelling types:

1. DWELLING, CONDOMINIUM: An owner occupied dwelling unit in a condominium together with an undivided interest in the common areas and facilities of associated condominiums.
2. DWELLING, SINGLE-FAMILY ATTACHED: A dwelling unit sharing a common wall or walls with an adjoining dwelling unit but located on an individual lot.
3. DWELLING, TOWN HOME: An independent dwelling unit under individual ownership which is attached by a common wall to one or more similarly designed units, which are typically designed to be several in-line units, each of which is located on separate lots or parcels of land, and which have no other housing units built over or under them.
4. DWELLING, TWO-FAMILY: A building which consists of two (2) independent dwelling units which share one or more common walls and have no direct internal access to one another. These developments are often referred to as twin homes or duplexes, depending upon ownership status.

DWELLING, SINGLE-FAMILY DETACHED: A dwelling unit on a separate parcel and sharing no common walls which is designed for and occupied by only one family, but which may contain one accessory dwelling unit. A single-family dwelling together with one accessory dwelling unit shall not constitute a two-family dwelling for the purposes of this code, so long as the owner of the property maintains either dwelling as their primary residence.

DWELLING UNIT: A single unit providing complete, independent living facilities for one or more persons, including permanent, nonmobile provisions for living, sleeping, eating, cooking and sanitation.

ENVIRONMENTAL REVIEW: A statement prepared by an engineer, geologist, or other person qualified by training or experience, as determined by the planning commission, which indicates or describes the impact that the development will likely have on the natural features of the immediate area, and which describes the measures that will be taken to lessen the occurrence of adverse conditions with respect to:

1. Geological/geotechnical study that contains information on site soils investigation, site conditions, and site development recommendations including flexible pavement design.
2. Stormwater runoff calculation, storm drainage, erosion control plans, and identification of flood hazards.
3. Traffic analysis using the current institute of traffic engineers standards and methods from the highway capacity manual.
4. Determination of the culinary water system's ability to deliver one thousand (1,000) gallons per minute fire flow at each fire hydrant within residential areas while maintaining the minimum water pressure standards as outlined in the Utah administrative code for public water systems. Fire flow for other types shall meet the requirements of the fire code.
5. Provisions for the proper disposal of solid and liquid wastes.
6. Prevention of the accumulation of weeds and debris.
7. Disposition of existing vegetation and the establishment of new vegetation.
8. Costs of both off site and on site facilities.
9. Disposition of all irrigation facilities affected by the project.

EXCAVATION: Removal of earth materials through digging, scooping, or cutting that results in a pit or cavity formation.

FAMILY:

1. One individual living alone, or
2. One, but not more than one at the same time, of the following groups of individuals described in paragraph B,1 or B,2 of this definition who together occupy a single-family dwelling unit as one nonprofit housekeeping unit and who share common living, sleeping, cooking and eating facilities:
   1. A head of household and:
      1. All persons related to the head of household as a parent, child, grandparent, grandchild, great-grandparent, great-grandchild, brother, or sister, by blood, marriage, adoption, guardianship, or other duly authorized custodial relationship; and
      2. Not more than two (2) additional related or nonrelated persons, including, but not limited to, personal care or personal service providers; or
   2. Two (2) related or unrelated individuals and the children of each individual, if any.
3. The term family shall not include:
   1. A fraternity, club, or institutional group; or
   2. Any number of individuals whose association is temporary or seasonal in nature; or
   3. Any number of individuals who are in a group living arrangement as a result of criminal offenses.

FAMILY FARM: A farm that:

1. is operated by a person who owns or leases and resides on the property (the operator);
2. has a substantial amount of labor provided by the operator and the operator's family; and
3. may use seasonal labor during peak periods and a reasonable amount of full time hired labor.

FARM ANIMALS: Animals other than household pets that may, where permitted, be kept and maintained for commercial production and sale and/or for family food production, education or recreation. Farm animals are identified by two (2) categories, animals and fowl. These categories are broken down as follows:

Large animals, e.g., horses and cattle;

Medium animals, e.g., sheep, goats, llamas; or

Small animals, e.g., rabbits, chinchillas;

Large fowl, e.g., ostrich, emu, turkey;

Medium fowl, e.g., ducks and geese;

Chickens; or

Small fowl, e.g., pigeons, pheasants, finches, and doves.

FARM MARKETS: A consortium of three (3) or more individual produce growers, and/or manufacturers of agriculturally related products who meet on a regular basis at a central location within a structure or open area to sell farm produce.

FARMS: Any place that has, or has the potential to produce, one thousand dollars ($1,000.00) or more in annual gross sales of farm products via cultivating of soil, managing croplands, producing and harvesting crops, and/or raising or breeding of livestock.

FEEDLOT: A lot or building or combination of lots and buildings that are used for the confined feeding, breeding, raising or holding of animals and specifically designed as a confinement area in which manure may accumulate, or where the concentration of animals is such that a vegetative cover cannot be maintained within the enclosure. For purposes of this definition, open lots used for the feeding and rearing of poultry (poultry ranges) shall be considered to be animal feedlots. Pastures or corrals and shelters on small farms shall not be considered animal feedlots under these rules. Manure storage areas off the site of the feedlot will be considered as a feedlot. This definition does not include slaughterhouses.

FENCE: A structure erected to provide privacy or security which typically defines a private space and may enhance the design and appearance of individual sites. A wall or similar barrier may also be determined to be a fence.

FENCE, SIGHT OBSCURING: A "fence" as defined herein, which permits limited vision to the opposite side of the fence line.

FLAG LOT: An interior lot located behind another lot characterized by having no frontage on a public street other than that of a private driveway.

FLOOR AREA: The total of all square footage within the structure.

FRACTIONAL NUMBERS OR MEASUREMENTS: In meeting the requirements of this title, all fractions of numbers one-half (1/2) or more shall be construed to mean the next highest whole number. All fractions of less than one-half (1/2) shall be construed to mean the next lowest whole number.

FULFILLMENT CENTER: A facility used for the storage, processing and/or shipping of items from third-party vendors to purchasers including the use of on-site "lockers" for the picking up of items ordered online.

GARAGE: A building, or part thereof, designed for the parking or temporary storage of automobiles of the occupants and visitors of the premises.

GARAGE, ATTACHED: A garage which shares a common wall, or portion thereof, with the living area of a dwelling. Where a garage is defined to be an attached garage, it shall be considered to be part of the primary structure.

GENERAL PLAN: A coordinated plan which has been prepared and adopted by the planning commission and city council for the purpose of guiding development. The plan may include, but is not limited to, a plan of land use, circulation, housing, public facilities, and identified city goals and objectives.

GRADE: The following is a general guideline:

1. For buildings fronting one street only, the elevation of the sidewalk or centerline of street, whichever is higher, at right angles to the midpoint of the fronting wall.
2. For buildings fronting more than one street, the average of the elevation of the sidewalk or centerline of street, at right angles to the midpoint of the fronting walls.
3. For buildings having no wall fronting the street, the average level of the sidewalk or center of surrounding streets, whichever is higher.

GRADING: The removal, depositing, or moving of more than fifty (50) cubic yards of sand, gravel, rock, soil, clay, or other deposits in less than a one year period on or from any parcel.

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

GUESTROOM: A bedroom that is kept for the use of guests/customers for compensation.

HEALTHCARE FACILITY: Any general acute hospital, specialty hospital, home health agency, hospice, nursing care facility, residential assisted living facility, birthing center, ambulatory surgical facility, small healthcare facility, abortion clinic, facility owned or operated by any health maintenance organization, end stage renal disease facility, but does not include the offices of a private physician or dentist, whether for individual or group practices nor does this include youth correction facilities or social rehabilitation facilities, which may be licensed through the state department of health.

Assisted Living Facilities: A large or small healthcare facility, which may include a mental retardation facility, nursing care facility, home for the aging, or those facilities which are licensed as either type I or type II assisted living facilities or small type N healthcare facilities by the state department of health.

Large Healthcare Facility: A healthcare facility with more than sixteen (16) beds.

Small Healthcare Facility: A healthcare facility with sixteen (16) beds or less.

HEIGHT OF BUILDING: The vertical distance from median grade along the foundation of a structure to the highest point of the roofline.

HOME OCCUPATION: An occupation or business activity conducted within a dwelling or on the premises of a residential property which is clearly secondary in importance to the dwelling as a home or place to live and carried on by persons residing in the dwelling. Home occupation shall not be construed to mean a family farm or an employee, working in his/her home in the service of an employer whose principal place of business is licensed at another location (e.g., telecommuters). For purposes of this title, home occupation does not include the agricultural operations of family farms.

Major Home Occupation: A home occupation of the type that often causes more than minimal impact on surrounding properties and that meets the requirements of SCC 10.40.040; it does not meet all of the requirements of SCC 10.40.050.

Minor Home Occupation: A home occupation which normally has minimal impact on surrounding neighbors and complies with the requirements of SCC 10.40.040 and SCC 10.40.050.

HOTEL: As used in this title, the terms "Hotel" and "Motel" have the same meaning. A building or group of buildings containing individual sleeping units, offered, designed and used primarily for the accommodation of short term guests not to exceed thirty (30) consecutive calendar days or business professionals on temporary assignment, and with automobile parking or storage available. This definition includes auto courts, motor lodges, and tourist courts. To be classified under this definition, the use must have and maintain a functional lobby for check in/out with an entryway for vehicle loading and unloading during check in/out, a luggage storage area, an on site manager twenty four (24) hours a day, housekeeping of rooms at intervals normally no more than forty eight (48) hours, continuous open access for public safety personnel and the use should have at least three (3) or more of the following amenities conveniently located:

Concierge.

Guest laundry.

Guest pool.

Meeting rooms (minimum capacity of 25 people).

Outdoor or indoor sports court.

Recreation room or exercise room.

Restaurant/food service area.

Facilities not meeting the minimum requirements may fall under the definition for multiple-unit or multiple-family dwellings (i.e., apartments).

MOTEL: See definition of Hotel

HOUSEHOLD PET: A domesticated animal that is traditionally kept in the home for pleasure, such as a dog, cat, bird, rodent (including a rabbit), fish, or turtle, and which are normally stocked and available at state licensed pet stores.

IMPOUND YARD: An open area used exclusively for the storage of automobiles, motor vehicles and recreational vehicles impounded pursuant to order of a public law enforcement agency or insurance organization licensed to conduct business in the state, and stored solely for the purposes of law enforcement investigation, insurance investigation, title clearance and transfer and/or litigation. This definition does not include the dismantling or disassembly of vehicles except pursuant to litigation, the sale of vehicle parts nor the storage of nonimpounded vehicles or their parts.

INDUSTRY, LIGHT: The manufacturing, compounding, processing, assembling, packaging, or testing of goods or equipment or research activities entirely within an enclosed structure, with no outside storage. This does not include agribusiness operations.

INDUSTRY, MEDIUM: The manufacturing, compounding, processing, assembling, packaging, or testing, of goods or equipment within an enclosed structure or an open yard that is capable of being screened from neighboring properties. This does not include agribusiness operations.

INFILL: Development of areas previously undeveloped within the present city boundaries, which are surrounded by developed land.

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

INTERPRETATION: An administrative decision made by the city official entrusted with such responsibilities, through the application of this title to specific cases typically where vague, odd, or unclear situations or circumstances exist, but which is not to contradict the intent of this title.

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

LABORATORY FOR ASSAY OF PRECIOUS METALS: A commercial laboratory used for assaying precious metals.

LABORATORY, MEDICAL: A facility used for medical imaging, the collection of medical samples or the processing/analyzing of samples that have been collected off-site.

LAND USE: The nature and character of activity upon a parcel of land or within a building located on a parcel of land.

LAND USE PLAN: A plan recommended by the planning commission and adopted and maintained by the city council which shows how land should be used. It is also an element of the general plan.

LANDSCAPING: The finishing and adornment of unpaved areas. Materials and treatments generally include some combination of planted trees, shrubs, vines, ground cover, flowers, or lawns. In addition, the treatment may include rocks, crushed stone, bark, mulch and such structural features as fountains, pools, artworks, screens, walls, fences, walks, or benches, but such objects alone shall not meet the requirements of this title.

LARGE SCALE DEVELOPMENT: A development that contains two (2) or more main buildings on a zoning lot and which development is planned and developed as a single entity, or as otherwise defined and applied in SCC 10.20.160.

LEGAL HOLIDAY: New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, Christmas Day and all other city observed holidays.

LIVING OPEN SPACE: The portion of the yard on a zoning lot which is not used by automotive vehicles, but reserved for outdoor living space, recreational space, and landscaping.

LOT: A single parcel or tract of land. Furthermore:

Corner Lot: A lot situated at a junction of two (2) public streets or situated on a curved street where the radius of the curve is thirty five feet (35') or less and where the angle formed by the intersection of the tangents is one hundred five degrees (105°) or less. Interior Lot: Any lot which cannot be characterized as a corner lot.

Lot Of Record: A lot designated in an approved subdivision or a lot legally created prior to the current zoning designation. This lot would be recorded pursuant to statute of the county recorder's office. A lot of record may or may not coincide with existing zoning requirements.

MANUFACTURED HOME: A dwelling unit which meets the building code requirements for permanent structures, designed to be transported after fabrication and which is ready for occupancy as an independent unit except for connection to utilities and location on a foundation.

MASS GRADING: The excavation, removal, or processing of peat, gravel, rock, sand, clay, or other soils, including overburden, or the storage or transporting of such items on a site, for the purpose of providing a more suitable topography for construction of improvements at the site. Excess materials not required for on site improvements can be marketed and sold by the owner or its assigned agent. For the purposes of this title, the following excavation activities are not included within the definition of mass grading and are exempt from the permitting requirements of this title:

1. Excavation approved by the governmental body or competent jurisdiction in conjunction with the installation or maintenance of publicly owned or operated utilities, drainage facilities, roads, or other publicly owned or operated improvements, where the excavation is limited to the site of the public utility or improvement.
2. Excavation which by its nature is of limited scope and duration and which is undertaken primarily for the immediate use and development of the land excavated, such as for purposes of building construction, septic tanks, swimming pools, graves, etc.
3. Excavation in conjunction with farming operations conducted in accordance with generally accepted agricultural practices, including agricultural drainage work incidental to farming operations and irrigation or stock watering ponds, if no material is removed from the property.
4. Other excavations where the city determines, in its sole discretion, that the proposed excavation is unlikely to unreasonably interfere with the enjoyment of life or property and will not expose any person or property to the types of dangers inherent in earth materials excavation and processing sought to be prevented by this title. The city's determination may be based on a review of the purpose, location, extent, or duration of the proposed excavation and other factors which may bear on the potential of any excavation activity to adversely affect the public health, safety, or general welfare of the community.

MIXED USE DEVELOPMENT: A development consisting of a mixture of residential and office or commercial uses with an approved ratio, developed according to a master site plan. The development of the uses is of sufficient size and physical improvement to protect surrounding areas and the general community, and to assure a harmonious integration into the neighborhood.

MOBILE HOME: A vehicular or portable structure which meets all of the provisions of the building code for mobile homes as adopted by the state of Utah which is constructed for movement on the public highways and which is designed for use as a residence, but which has not been demonstrated to conform to the requirements of the building code. Travel trailers, motor homes, camping trailers, other recreational vehicles, and modular homes designed for placement onto a permanent foundation shall not be considered to be mobile homes.

MOBILE HOME PARK: An area or tract of land designed and used to accommodate mobile homes. See SCC 10.20.160 for regulations and requirements.

MORTUARY, FUNERAL HOME: An establishment in which the dead are prepared for burial or cremation. The facility may include such uses as are associated with, clearly accessory to, and supplies services to the principal use (e.g., a chapel for the conduct of funeral services and spaces for informal gatherings and/or display of funeral equipment).

MOTEL/HOTEL: See definition of Hotel/Motel.

MUNICIPAL SERVICES: City or county government operations and governmental authorities providing services from specialized facilities, such as police, fire, and ambulance services, street or highway department maintenance or construction, sewer and water facilities, etc.

NONCONFORMING BUILDING: A building, structure, or portion thereof, which does not conform to the regulations of the ordinance applicable to the zone or district in which such building is situated but which was in existence on the effective date hereof.

NONCONFORMING USE: A use of premises which does not conform to the regulation of this title, but which was in existence on the effective date hereof.

OPEN SPACE: A parcel of land, or portion thereof, which is completely free and unobstructed by structures or parking facilities, typically used for the recreation and enjoyment of the citizens of Santaquin City in general. Landscaping features shall not constitute obstruction of open space.

OUTDOOR YOUTH PROGRAM: A facility or program licensed by the state of Utah as an outdoor youth program and designed to provide rehabilitation services to adjudicated minors. Characteristics of such include recreational therapy activities such as, but not limited to, hiking or camping, and where participants are under direct supervision. This shall include only stationary camp sites.

OVERBURDEN: Those materials which lie between the surface of the earth and the deposit to be excavated and/or processed.

OWNER: An individual, firm, association, syndicate, co-partnership, corporation, trust, estate, lessee, or any other legal entity having sufficient proprietary interest in land.

PARKING LOT: An open area, other than a street, used for the parking of automobiles which fully complies with or is legally nonconforming as to the city's parking standards.

PARKING SPACE: Space within a building or parking area, exclusive of driveways, ramps, columns, office and working areas, for the parking of a motor vehicle.

PASTURE: A fenced area enclosure for animals in which the grass product available on the site is the primary source of feed and in which livestock are kept in a loosely controlled environment as opposed to being kept in a pen, corral, or stable.

PEN: An enclosed area typically having less than five hundred (500) square feet and intended for occupancy by one to two (2) animals.

PERMANENT MAKEUP ESTABLISHMENT: A business where a permanent design or mark is made on the skin by pricking it and ingraining in it an indelible pigment for masking discolorations on the body or cosmetically enhancing facial features only. This does not include a tattoo parlor.

PERSON: Any individual, firm, association, syndicate, partnership, corporation, trust, estate, or any other legal entity.

PHARMACUTICAL MANUFATURING: A facility for the manufacturing of pharmaceuticals, nutraceuticals, or other health-related supplements.

PLANNED UNIT DEVELOPMENT: A development containing residential lots or units, possibly with compatible nonresidential uses, with some or all of the lots or parcels being of a state which may not fully comply with the terms of the zoning requirements regarding the minimum lot sizes, frontages, or setbacks within the applicable zoning district, but which contain planned special amenities within the development.

PLANTING PLAN: A plan showing the location, type, and size of plants. It should indicate irrigation equipment, curbs, and other protective features around the edge of the planting areas.

POWER GENERATION, ONSITE: A facility which produces electricity, heat, steam, or other similar energy sources, solely for use within the facility, or its onsite corporate or general offices, storage or service buildings/yards, manufacturing facilities, or high-power broadcast radio antenna that may be an integral part of the facility. Onsite power generation does not include supplementary solar panels that are wholly a part of a building on the site. See Stand-Alone Solar Power Generation for solar panels which are not wholly a part of a building.

PRIVATE CLUB: A building used, occupied, and operated for profit by an individual or association of persons for social, fraternal, or recreational purposes, whose activities are confined to the members and their guests. These establishments may or may not be licensed to distribute alcoholic beverages in accordance with city and state regulations. This may include arcades, brewpubs, discotheques but not businesses commonly recognized as fitness clubs.

PROFESSIONAL OFFICE OR FINANCIAL SERVICES: An establishment intended for the conduct or service or administration of a commercial enterprise, or offices for the conduct of professional or business service. Uses intended by this definition would include, but not be limited to, business offices, banks, credit unions (or other establishments performing financial services), radio or television stations, dental, chiropractic, optometric or other similar professions, and medical clinics for the diagnosis and treatment of ill, infirm, or injured persons, but which do not provide board, room, or regular hospital care.

PROPERTY BOUNDARY: An imaginary line delineating the ownership or control of property.

PUBLIC BUILDING: a building which is owned or leased by a federal, state, or local governmental entity for public administration and/or services.

PARK A tract of landwhich has been partially or totally developed or designated for recreational purposes.

RECREATIONAL VEHICLE: A vehicle unit, other than a mobile home, primarily designed as a temporary dwelling for travel, recreational, and vacation use, which is either self-propelled or is mounted on or pulled by another vehicle, including, but not limited to, a travel trailer, a camping trailer, a truck camper, or motor home comprised of a self-propelled vehicle primarily designed as a temporary dwelling for travel, recreational use, and vacation use.

RECREATIONAL VEHICLE COURT: An area or tract of land used to accommodate two (2) or more recreational vehicles.

RELIGIOUS CENTER: A building or buildings owned or maintained by a religious organization(s) for social, civic or philanthropic purposes, and in which persons regularly assemble or frequent for worship or religious instruction with associated clergy. Uses also included are seminaries (associated with schools), monasteries and convents. This definition shall not include temporary tents or structures.

RESIDENTIAL FACILITY FOR THE ELDERLY: A single-family or multiple-family dwelling unit that is designed for eldercare and meets the requirements of state law for such, but does not include a healthcare facility as defined by state law.

RESIDENTIAL SUPPORT FACILITY: Residential dwelling operated in conjunction with government financed and licensed organizations for the temporary care or housing of victims of domestic abuse or as part of witness protection programs.

RESTAURANT: An eating establishment in which food is prepared for either on or off premises consumption, with service being provided in a traditional sit down restaurant style or served from a counter. This definition also includes specialty food stores, such as ice cream parlors or delicatessens, but does not include drive-in or drive-up window service.

RESTAURANTS, DRIVE-THROUGH: A use providing preparation and retail sale of food and beverages, which may either be consumed on the premises or dispensed through one or more drive-through lanes.

RETAIL TOBACCO SPECIALTY BUSINESS OR TOBACCO SPECIALTY SHOP: See Utah Code § 10-8-41.6(1).

RETAINING WALL: A wall designed to resist the lateral displacement or movement of soil or other materials and which has been properly designed, engineered, and constructed when necessary.

SALVAGE YARD: See definition of Junkyard.

SCHOOL, COMMERCIAL: A school established to provide for the teaching of industrial, clerical, managerial, or artistic skills. This definition applies to schools that are owned and operated privately for profit and that do not offer a complete educational curriculum (e.g., beauty school, modeling school).

SCHOOL, PUBLIC OR QUASI-PUBLIC: A school operated by a private or quasi-public organization, or individual, which has a curriculum similar to that provided in any public school in the state of Utah, except that such curriculum may include religious instruction. A private school may be a profitmaking or nonprofit organization. A private school may also include laboratory and shop instruction with the use of demonstration vehicles, products or models incidental to said instruction; but shall not include the commercial repair, maintenance and manufacturing of vehicles, goods or merchandise, and shall not provide direct services, other than instruction, to the general public. This does not include commercial schools.

SCHOOLS, PUBLIC: An educational facility operated by a school district or other public agency of the state of Utah.

SETBACK: The minimum distance allowed between the property line and the foundation, wall, or main frame of the building.

SHELTERED WORKSHOP: An on site supervised educational or vocational training facility for persons with a disability and does not provide any residential facilities.

SIGN: For definitions pertaining to signs, see SCC 10.44.

SLAUGHTERHOUSE: A building or place where animals are butchered for food and may or may not be processed and/or packaged for sale and consumption off premises. This does not include those buildings or places in which a farm owner or household may butcher animals for self-consumption.

SOCIAL OR RECEPTION CENTER: A building or group of buildings and/or uses owned or maintained for profit by a person or organization for social and/or recreational purposes. This may include a meeting hall, cooking and dining facilities for large groups, but shall not provide overnight lodging. Such are commonly rented or reserved for special occasions such as weddings, reunions, wakes, etc.

STABLE, COMMERCIAL: A rentable building for the keeping or stabling of livestock by persons not owning or leasing the property on which the building is located.

STABLE, PRIVATE: A detached accessory building for the keeping of animals belonging to or used by the property owner or lessee and not for rent or for the stabling of the same for profit.

STAND-ALONE SOLAR POWER GENERATION: A solar powered electrical panel system, not wholly integrated into a building, that produces electrical power for immediate use or to charge banks of batteries.

STORAGE UNIT FACILITIES: A building or series of buildings in which individual storage space is rented for storage purposes only. Facility storage may not be used to conduct commercial business on site. A storage facility may include a caretaker's residence and areas for the storage of recreational vehicles (RVs).

STREET, ARTERIAL OR COLLECTOR: A principal thoroughfare designed for higher speeds and to accommodate larger amounts of traffic, as shown or designated on the master street plan.

STREET, LOCAL: Any dedicated street serving as the principal means of access to property, and which is designed for lower speeds and to accommodate lesser amounts of traffic, as shown or designated on the master street plan.

STREET, PRIVATE: A street located on private property, for which the city has no responsibility.

STREET VENDORS: A mobile, typically nonmotorized establishment from which food or merchandise is sold. Generally located upon sidewalks or other approved public properties.

SUBDIVISION: The division of any tract or parcel of land owned as an undivided tract or parcel into two (2) or more lots, plots, sites, or other division of land for the purpose, whether immediate or future, of sale or development.

TATTOO PARLOR: Any business establishment which operates tattoo equipment to inject ink or otherwise modify human skin for the purposes of decoration. This does not include permanent makeup establishments.

THEATER: A building used primarily for the presentation of movies projected upon a screen. May include ancillary uses such as arcades. Theater also includes a building used primarily for the presentation of live stage productions or performances.

TOBACCO PRODUCTS: See Utah Code § 10-8-41.6(1).

TRAFFIC CIRCULATION AND SAFETY PLAN: A parking and circulation plan provided by a business to show how business controlled parking and a traffic circulation system can be maintained to limit any on or off site traffic conflicts caused by such business.

TREATMENT FACILITY: A facility licensed by or contracted by the state of Utah to provide temporary occupancy and supervision for adults or juveniles in order to provide rehabilitation, treatment, or counseling services (e.g., day treatment [excluding sheltered workshops], intermediate secure care, residential treatment, social detoxification or rehabilitation, therapeutic schools, or youth correction facilities as defined by the state). Without limitation, such services may include rehabilitation, treatment, counseling, or assessment and evaluation services related to delinquent behavior, alcohol and drug abuse, sex offenders, sexual abuse, or mental health.

Treatment Facility, Large: A transitional treatment home for more than four (4) adult or juvenile patients. A large rehabilitation/treatment facility does not include a residential facility for persons with a disability.

Treatment Facility, Small: A transitional treatment home for four (4) or less adult or juvenile patients. A small treatment facility may include a residential facility for persons with a disability if compliant with the standards found in SCC 10.60.

TRUCK STOP: Means an establishment on property or within buildings(s) which are used primarily for the fueling or parking of tractor trucks or similar heavy commercial vehicles, including the sale of accessories and equipment for such vehicles. Without limitation of the foregoing, a facility offering highway diesel products for sale which also provides an area for overnight parking, and either: any overnight accommodations and/or showers is conclusively deemed to be a "truck stop" under this definition.

UNDEVELOPABLE AREA: Land which is determined to be unusable or not adaptable to the uses prescribed of the land due to the nature and/or characteristic of the land such as slopes over thirty percent (30%), water coverage, containment within certain types of easements or otherwise unsuitable for development as determined by the community development department. For the purpose of this code, undevelopable land may be included within a development plan but may not be included in the calculation of the buildable area of any primary or accessory structure and must remain in its native state.

VARIANCE: A waiver of a specific regulation of this title granted by the appeal authority in accordance with the provisions set forth in this title for the purpose of assuring that no property because of special circumstances applicable to it shall be deprived of privileges commonly enjoyed by other properties in the same area.

VETERINARY HOSPITAL, LARGE ANIMAL: A facility where veterinary medicine, including the medical or surgical treatment of large animals (i.e., livestock) by licensed professionals occurs. These facilities may also provide veterinary medicine on small animals.

VETERINARY HOSPITAL, SMALL ANIMAL: A facility where veterinary medicine, including the medical or surgical treatment of small animals (e.g., household pets) by licensed professionals occurs.

WAREHOUSE, WHOLESALE FACILITY: A building in which goods, merchandise or equipment are stored for eventual distribution.

WEDDING CHAPEL: An establishment that primarily provides the facilities and services for weddings on a commercial basis. This definition does not include churches and similar facilities where weddings are an ancillary use.

XERISCAPING: The method of landscaping typically characterized by the incorporation of drought tolerant or native plant species and harmonious designs in group plantings so as to minimize loss or waste of water.

YARD: Open space surrounding a building which is unoccupied or unobstructed from the ground upward, except as otherwise provided in this title. Furthermore:

1. Front: An open area or unoccupied space around a building, measured from the front of the building (exclusive of steps) to the front property line of the lot, and extending for the entire width of the lot, further depicted in SCC 10.16.290, exhibit A.
2. Rear: An open area or unoccupied space around a building, measured from the rear of the building (exclusive of steps) to the rear property line of the lot, and extending for the entire width of the lot, further depicted in SCC 10.16.290, exhibit A. On corner lots, the rear yard shall not impede into the side yard adjacent to a street as depicted in SCC 10.16.290, exhibit A.
3. Side: An open area or unoccupied space around a building, measured from the side of the building to the side property line of the lot, and extending from the front lot line to the rear lot line, further depicted in SCC 10.16.290, exhibit A. (Ord. 2-01-2002, 2-5-2002, eff. 2-5-2002; amd. Ord. 5-01-2002, 5-15-2002, eff. 5-16-2002; Ord. 01-02-2003, 1-15-2003, eff. 1-16-2003; Ord. 02-02-2003, 2-5-2003, eff. 2-6-2003; Ord. 04-01-2003, 4-2-2003, eff. 4-3-2003; Ord. 11-02-2003, 11-19-2003, eff. 11-20-2003; Ord. 08-01-2006, 8-17-2006, eff. 8-17-2006; Ord. 12-01-2006, 12-6-2006; Ord. 12-02-2006, 12-6-2006, eff. 12-7-2006; Ord. 05-01-2007, 5-3-2006; Ord. 09-01-2007, 9-5-2007, eff. 9-7-2007; Ord. 02-02-2008, 2-6-2008, eff. 2-7-2008; Ord. 11-03-2008, 11-12-2008, eff. 11-13-2008; Ord. 02-01-2010, 2-17-2010, eff. 2-18-2010; Ord. 07-02-2010, 7-21-2010; Ord. 07-01-2011, 7-27-2011, eff. 7-28-2011; Ord. 10-01-2011, 10-5-2011, eff. 10-6-2011; Ord. 09-01-2012, 9-5-2012, eff. 9-6-2012; Ord. 5-06-2015, 6-3-2015, eff. 6-4-2015; Ord. 07-01-2016, 7-6-2016, eff. 7-7-2016)