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Smithfield City Zoning Code

17.04 GENERAL

PROVISIONS

17.04.010 SHORT TITLE

This title shall be known as the ZONING ORDINANCE OF SMITHFIELD, UTAH, and may be so cited and pleaded.

HISTORY
Adopted by Ord. 15-20 on 11/11/2015

17.04.020 PURPOSE OF TITLE

This title is designed and enacted for the purpose of promoting the health, safety, and welfare, and promote the prosperity, improve the morals, peace and good order, comfort, convenience, and aesthetics of the present and future inhabitants and businesses of Smithfield, Utah, including, among other things, the lessening of congestion in the streets or roads, securing safety from fire and other dangers, providing adequate light and air, protecting the tax base, securing economy in governmental expenditures, fostering the city's commercial and industrial growth and the protection of both residential and nonresidential development.

HISTORY
Adopted by Ord. 15-20 on 11/11/2015

17.04.030 INTERPRETATION

In interpreting and applying the provisions of this title, the requirements contained herein are declared to be the minimum requirements for the purposes set forth.

HISTORY
Adopted by Ord. 15-20 on 11/11/2015

17.04.040 CONFLICT

Wherever higher or more restrictive standards are established by the provisions of any other applicable statute, ordinance, or regulation that are established by the provisions of this title, the provisions of such other statute, ordinance, or regulation shall govern.

HISTORY
Adopted by Ord. 15-20 on 11/11/2015

17.04.050 DETERMINATION OF ZONING DISTRICT BOUNDARIES

Where uncertainty exists with respect to the boundaries of the various zones, the following rules shall apply:

  1. Where the indicated boundaries on the zoning map are approximately street, railroad, public right of way, or alleyways, the centerline of the street, railroad, public right of way or alley shall be construed to be the zone boundaries unless otherwise indicated.
  2. Where the indicated boundaries are approximately lot lines, the lot lines shall be construed to be the zoning district boundaries unless otherwise indicated.
  3. Where land has not been subdivided into lots and/or blocks, the zoning district boundaries shall be determined by use of the scale measurement shown on the map unless otherwise indicated.
  4. Where uncertainty continues to exist, the planning department shall interpret the map. That interpretation may be appealed to the planning commission.

HISTORY
Adopted by Ord. 15-20 on 11/11/2015

17.04.060 EFFECT UPON PREVIOUS ORDINANCE AND MAP

The existing zoning ordinance of Smithfield, Utah, in its entirety and including maps heretofore adopted, is superseded and amended to read as set forth in this title; provided, however, that this title, including maps on file with the planning commission, shall be deemed a continuation of the previous ordinance, and not a new enactment, insofar as the substance of revisions of the previous ordinance is included, whether in the same or in different language; and this title shall be so interpreted upon all questions of construction, including, but not limited to, questions of construction relating to tenure of officers and boards established by previous ordinances and to questions of conforming or nonconforming uses, buildings or structures, and to questions as to dates upon which such uses, buildings or structures became conforming or nonconforming.

HISTORY
Adopted by Ord. 15-20 on 11/11/2015

17.04.070 DEFINITIONS

For the purposes of this title, the following terms and words and their derivations shall have the meanings as given in this section. When not inconsistent with the context, words used in the present tense include the future, words in the singular number include the plural, and the plural the singular. "Shall" is always mandatory. Words not included in this section, but which are defined in the building code, shall be construed as defined therein. Words which are not included herein or in the building code shall be given their usual meaning as found in the English dictionary, unless the context of the words clearly indicates a different meaning. Definitions of words applicable particularly to certain chapters shall be included in those chapters.

ACCESSORY APARTMENT: A housing unit that is self-contained, but incorporated within an existing structure that was originally designed for a single family and will not be substantially altered.

ACCESSORY RESIDENTIAL UNIT: A dwelling unit within a building used for nonresidential purposes to be used solely for persons employed on the premises, not rented or otherwise used as a separate dwelling.

ADMINISTRATIVE CONDITIONAL USE: A conditional use that may be reviewed and approved by the zoning administrator, rather than by the planning commission, in accordance with chapter SMC 17.32 of this title.

AGRICULTURE: The tilling of the soil, the raising of crops, horticulture and gardening, but not including the 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 hospitals or similar uses.

ALLEY: A private thoroughfare a minimum of twenty-six feet (26') in width.

ALTERED: Any change in the construction of, or addition to, a building which would permit an increase in capacity, or a change of use.

ALTERED, STRUCTURAL: Any change in the supporting members of a building such as bearing walls, columns, beams or girders.

ANTENNA, STEALTH: An antenna completely disguised as another object, or otherwise concealed from view, thereby concealing the intended use and appearance of the facility, shall be allowed in all zoning districts. Examples of stealth facilities include, but are not limited to, flagpoles, light pole standards or architectural elements such as dormers, steeples and chimneys.

APARTMENT COURT: Any buildings or group of buildings which contain dwelling units. See definition of Dwelling, Group.

APARTMENT HOTEL: Any building which contains dwelling units and also satisfies the definition of a "hotel", as defined in this section.

APARTMENT HOUSE: See definition of Dwelling, Multiple.

APARTMENT MOTEL: Any building or group of buildings which contain dwelling units. See definition of Dwelling, Group.

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

ARTISAN MANUFACTURING: Manufacturing processes that are entirely contained within a structure and limited to the use of hand tools, light machinery, and small tools and consists predominately from previously prepared materials, of finished products or parts including processing, fabrication, assembly, treatment, research, testing and packaging of such products, and associated services, storage, sales (retail and wholesale) and distribution of such products. The processes used shall generally not create noise, vibrations, smoke, dust, fumes, odors, or glares that could be considered a nuisance to neighboring properties or create a health or safety hazard outside of the enclosed building or property where the process takes place. Services provided shall be primarily for the use of individuals and households rather than large firms or retailers.

ASSISTED LIVING FACILITY:  A residential facility, licensed by the state of Utah, with a homelike setting that provides an array of coordinated supportive personal and healthcare services, available twenty-four (24) hours per day, to residents who have been assessed under Utah department of health or the Utah department of human services rules to need any of these services. Residents typically need at least some supervision and assistance with daily living. Support staff may prepare meals and help residents with personal hygiene tasks. Each resident in an assisted living facility shall have a service plan based on the assessment, which may include: a) specified services of intermittent nursing care; b) administration of medication; and c) support services promoting resident's independence and self-sufficiency. Such facility does not include adult daycare provided in conjunction with a residential facility for elderly persons or a residential facility for persons with a disability.  Exteriors of Facilities shall be compatible in appearance and constructed using materials similar to the predominate buildings in the zone and area in which they are located.

Type I:  a residential facility that provides assistance with activities of daily living and social care to two or more residents who require protected living arrangements; and are capable of achieving mobility sufficient to exit the facility without the assistance of another person.

Type II:  a residential facility that provides assistance with activities of daily living and social care to two or more residents who require protected living arrangements; and are not capable of achieving mobility sufficient to exit the facility without the assistance of another person.

            Large: Houses seventeen (17) or more residents.

            Small: Houses six (6) to sixteen (16) residents.

            Limited capacity: House two (2) to five (5) residents.

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

BED AND BREAKFAST INN: A bed and breakfast (typically shortened to B&B or BnB) is a small lodging establishment that offers overnight accommodation and breakfast. Bed and breakfasts are often private family homes and typically have between four and eleven rooms, with six being the average.

BUILDING: Any structure having a roof supported by columns or walls, for the housing or enclosure of persons, animals, chattels, or property of any kind.

  • Accessory Building: A detached subordinate building clearly incidental to and located upon the same lot occupied by the main building.
  • Height Of Building: The vertical distance from the grade to the highest point of the coping of a flat roof or to the deck line of a mansard roof, or to the mean height level between ridge and eaves of a gable, hip or gambrel roof.
  • Main Building: The principal building or one of the principal buildings upon a lot, or the building or one of the principal buildings housing the principal use upon a lot.
  • Public Building: 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, or any of its subdivisions. It shall not be construed to include buildings for use as warehouses, public garages and equipment sheds.

CARPORT: 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.

CHILDCARE CENTER, COMMERCIAL: A facility, separate from a home or residence, in which children are being cared for by persons other than their own parents or guardians. It is maintained for at least four (4) but less than twenty four (24) hours daily for the care of children less than fourteen (14) years of age and unrelated to the caregiver. This care may be given with or without charge and with or without stated educational or developmental purposes.

CHILDCARE CENTER, FAMILY GROUP: The care of children in a home or residence by two (2) caregivers, which provides for nine (9) and not more than sixteen (16) children when in compliance with the requirements established by the state of Utah. The facility is maintained for at least four (4) hours but less than twenty four (24) hours daily. This care may be given with or without charge and with or without stated educational or developmental purposes.

CHILDCARE CENTER, RESIDENTIAL: The care of children in a home or residence by a provider. The provider shall care for not more than eight (8) children, except for additional children when in compliance with age requirements established by the state of Utah. The facility is maintained for at least four (4) hours but less than twenty four (24) hours daily. This care may be given with or without charge and with or without stated educational or developmental purposes.

CHURCH OR TEMPLE: A building together with its accessory buildings, and uses, where persons regularly assemble for worship, which building, together with its accessory buildings and uses, is maintained and controlled by a religious body organized to sustain public worship.

CLINIC, DENTAL AND MEDICAL: A building in which a group of physicians, dentists and allied professional assistants are associated for the carrying on of their professions. The clinic may include a dental or medical laboratory; but, it shall not include inpatient care or operating rooms for major surgery.

CLUB, PRIVATE: Any nonprofit corporation, or organization, operating as a social club, recreational, athletic or kindred association organized primarily for the benefit of its stockholders or members and serving alcoholic beverages and/or food.

CONDITIONAL USE: A land use that, because of its unique characteristics or potential impact on the municipality, surrounding neighbors, or adjacent land uses, may not be compatible in some zones or may be compatible only if certain conditions are required that mitigate or eliminate the detrimental impacts. Such conditions are applied and maintained in accordance with chapter SCM 17.32 of this title.

CONVENIENCE STORE: A retail establishment which provides its customers with limited grocery items, soft drinks, snacks, etc. Convenience stores may also offer limited automotive supplies such as gasoline, oil, filters, antifreeze and other items typically found in a grocery store.

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

DAIRY: A farming operation for the production of milk in commercial quantities and which is regularly inspected by the state department of agriculture or its cooperating agencies. It includes the raising of the natural increase to the dairy herd but does not include the feeding and fattening of livestock for slaughter in conjunction therewith.

DAIRY PROCESSING PLANT: A commercial establishment for manufacture, processing or distribution of dairy products.

DAIRY PRODUCTION OR ICE CREAM PLANT, SMALL: A commercial establishment for the manufacture, processing or distribution of dairy products where the manufacturing and storage area does not exceed eight hundred (800) square feet in a CB or CC zone and two thousand four hundred (2,400) square feet in a GC or A zone.

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

DEVELOPMENT PLAN: All plans, studies, plats, statements, reports and information required by applicable provisions of this title.

DISTRICT: A portion of the area of Smithfield, shown on a map attached to the zoning ordinance codified in this title and found on file with the planning commission and given a district name.

DWELLING: Any building that contains one or more dwelling units used, rented, leased, or that are occupied for living purposes, except the following: hotels, boarding houses, motels, mobile homes, proctor group care facility, residential facility for the elderly, and residential facility for the disabled.

DWELLING, FOUR-FAMILY: A building arranged or designed to be occupied by four (4) families, the structure having only four (4) dwelling units under one ownership, i.e., fourplex, on one lot.

DWELLING, GROUP: Two (2) or more dwelling structures occupying the same lot in one ownership and having yards and open spaces in common.

DWELLING, MULTIPLE: A building arranged or designed to be occupied by more than four (4) families.

DWELLING, SINGLE-FAMILY: A building arranged or designed to be occupied by one family, the structure having only one dwelling unit, except as allowed herein for accessory apartments.

DWELLING, THREE-FAMILY: A building arranged or designed to be occupied by three (3) families, the structure having only three (3) units under one ownership.

DWELLING, TWO-FAMILY: A building arranged or designed to be occupied by two (2) families, the structure having only two (2) dwelling units under one ownership.

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

EASEMENT: A nonprofitable interest in property owned by another that entitles its holder to a specific use on, under or above said property.

FEMA: An acronym for the federal emergency management agency.

FACILITY, PROCTOR GROUP CARE: A facility where care is given to more than one but less than eleven (11) juveniles that meet the definition of "proctor care juvenile" as defined in this section.

FAMILY: Defined as per Utah State Code Annotated 10-9a-505.5.

    FARM ANIMALS: The keeping of animals and fowl commonly used for food or fiber production, as a beast of burden, commercial purposes, or for pleasure. The density allowed in the various zones shall be as defined in this title.

FARM ANIMALS LIMITED: The keeping of not more than two (2) horses, two (2) cows, two (2) llamas, four (4) sheep, four (4) goats, twenty (20) rabbits, forty (40) chickens, forty (40) pheasants, ten (10) turkeys, ten (10) ducks, ten (10) geese, three (3) ostriches, four (4) emus, forty (40) pigeons, and pigs not more than three (3) of the above listed species of animals or fowl are permitted at any one time.

An additional number of animals or fowl equal to fifty percent (50%) of the above listed numbers may be kept for each ten thousand (10,000) square feet over and above one acre, exclusive of ten thousand (10,000) square feet for the residence.

FAST FOOD ESTABLISHMENT: Any establishment whose principal business is the sale of foods, frozen desserts or beverages to the customer in a ready to consume state and whose principal method of operation includes the following characteristics:

  1. Foods, frozen desserts or beverages are usually served in edible containers or in paper, plastic or other disposable containers;
  2. The consumption of foods, frozen desserts or beverages is not restricted to tables and counters inside the establishment or on a dining patio immediately adjacent thereto; and
  3. The establishment provides drive-in, drive-through and/or walk-up service.

FIXED DOG RUN: A fenced in and/or covered structure used to house or contain a dog(s) in a relatively limited area. Not meant to include merely keeping a dog attached to a line or keeping a dog in a fenced yard. A fixed dog run must be closer to the owner's residence than the adjoining neighbor's residence. Locations of fixed runs shall be located according to the following setbacks:

  1. Front setback: Thirty feet (30');
  2. Side setback: Ten feet (10');
  3. Side setback adjoining street: Twenty feet (20');
  4. Rear setback: Ten feet (10');
  5. Setback from neighbors' residences (any residence on adjacent property): Thirty feet (30').

FLOODPLAIN: Any land area subject to being inundated by water from any source. Floodplain areas are generally defined on the flood insurance relief map (FIRM) provided to the city by FEMA.

FLOOR AREA: The sum of the gross horizontal area of the floor of a building or buildings, measured from the exterior faces of the exterior walls.

FOSTER CARE: The provision of care which is conducive to the physical, social, emotional and mental health of children who are temporarily unable to remain in their own homes. (See title 501-12-2, Utah state government.)

FOSTER CARE JUVENILE: Any juvenile that has been removed by the state from a home, parents, or guardian for protection, health, safety, or welfare concerns of the juvenile for a temporary period of time.

FRATERNAL AND BENEVOLENT SOCIETY: A chartered, nonprofit social club or lodge with or without dining facilities composing a branch of a fraternal order, or other society to include Lions, Elks, Masons, American Legion, Eagles, Optimists, Odd Fellows, Kiwanis, Rotary, Veterans Of Foreign Wars and other similar nonprofit fellowship organizations which are open only to members and their duly authorized guests.

FRONTAGE: All property fronting on a public street.

GARAGE FOR MAJOR REPAIR: An establishment, which in addition to providing the services typically offered by a garage for minor repair, may also be engaged in the repair or replacement of major automotive or truck components including, but not limited to, transmissions, clutches, short and long block engines, axles, differentials, etc.

GARAGE FOR MINOR REPAIR: An establishment, which in addition to providing the services typically offered by a service station, also is engaged in the repair or replacement of minor automotive or light truck components.

GARAGE, PRIVATE: An accessory building designed or used for the storage of motor vehicles owned and used by the occupants of the building to which it is accessory. A garage shall be considered part of a dwelling if the garage and dwelling have a roof or wall in common.

GARAGE, PUBLIC: A building or portion thereof, other than a private garage, designed or used for hiring, selling or storing motor driven vehicles.

GENERAL PLAN: A document that the city has adopted, which sets forth general guidelines for the proposed future development of the land within the city, as set forth in state law and city ordinances. The general plan includes what is also commonly referred to as a "master plan".

GRADE:

  1. For buildings adjoining one street only, the elevation of the sidewalk at the center of that wall adjoining the street;
  2. For buildings adjoining more than one street, the average of the elevations of the sidewalks at the centers of all walls and adjoining the streets;
  3. For buildings having no wall adjoining the street, the average level of the ground (finished surface) adjacent to the exterior walls of the building. All walls approximately parallel to and not more than five feet (5') from a street line are to be considered as adjoining a street.

GROUP PRESCHOOL: A facility or establishment separate from a home or residence for the care and instruction of up to thirty (30) children by two (2) instructors which may or may not be related to the children. This instruction may be given with or without charge.

HARD SURFACE: An impermeable dust free surfacing such as concrete or asphalt. Pulverized or recycled asphalt shall not be considered hard surface.

HOME, FOSTER: A dwelling providing residence and care for nonrelated "foster care juveniles" (as defined in this section) under the age of eighteen (18), with or without compensation from the state. The foster home shall meet all licensing and training requirements as defined by the state.

HOME, NURSING: An institution providing residence and care for the aged.

HOME OCCUPATIONAL SALES, NONDISRUPTIVE: A use conducted within a dwelling unit which is clearly incidental and secondary to the use of the dwelling for dwelling purposes and is carried on by persons residing in the dwelling and does not change the character thereof, and in connection with which there is no display of merchandise or goods to be sold. The use would generally not include the receiving of clients but could include the receiving of one client at a time on an appointment basis, as long as no two (2) appointments were consecutive or overlapping. Uses may include, but are not limited to, the following: data processing; bookkeeping; teaching of independent private lessons including music and tutoring; hobbies and crafts; telephone solicitation; professional services (including by way of example: clergyman, income tax preparation, accounting services, attorney services, engineering services or other professional services); order processing; home sewing operations; tailoring; building or other contractor when no equipment or supplies are stored on the premises; and other occupations that clearly involve little or no disturbance to the neighborhood. Nondisruptive home occupations shall not require a conditional use permit. The use of the yard space shall not be permitted.

HOME OCCUPATIONS/SALES, POTENTIALLY DISRUPTIVE: A use conducted within a dwelling unit which is clearly secondary to the use of the dwelling for dwelling purposes and which meets the following: the use is carried on by persons residing in the dwelling or may include one immediate family member not residing in the dwelling for which a separate off street parking space is provided if the additional person owns or operates a motor vehicle, the use does not change the character of the dwelling; there is no window display, however some display of merchandise or goods to be sold may be allowed, and the use shall not generate vehicular traffic or parking beyond that which is commonly associated with the zone in which it is located. Uses may include, but not be limited to, the following: beauty or barber shop establishments; instruction for group dance, crafts, music, or martial arts of four (4) or more students; physicians, surgeons, and dentists for consultation or emergency treatment, and other similar trades, occupations and professions, any home occupation/sales listed as nondisruptive but with a client load or other factors which would tend to impact the neighborhood. All potential disruptive home occupations shall require a conditional use permit. The use of the yard space shall not be permitted, except for childcare centers and preschools.

HOME PRESCHOOL: A home or residence for the care and instruction of up to fifteen (15) children by an instructor who may or may not be related to the children. This instruction may be given with or without charge.

HOME, PROCTOR: A dwelling providing residence and care for nonrelated "proctor care juveniles" (as defined in this chapter), under the age of twenty one (21), with or without compensation from the state. The proctor home shall meet all licensing and training requirements as established by the state.

HOTEL: A building in which lodging or boarding and lodging are provided for more than fifteen (15) persons, primarily transient and offered to the public for compensation and in which ingress and egress to and from all rooms is made through an inside lobby or office supervised by a person in charge at all hours. A hotel may include restaurants, bars, or club rooms, public banquet halls, ballrooms, and meeting rooms.

HOUSEHOLD PETS: Animals or fowl, ordinarily permitted and kept for company or pleasure, such as dogs, cats and canaries, but not including a sufficient number of dogs to constitute a kennel as defined in title 6 of this code. Household pets may also include the keeping of not more than twelve (12) pigeons, four (4) mature rabbits, two (2) goats, one lamb not over eight (8) months old, two (2) ducks, two (2) geese and two (2) ferrets and that not more than five (5) of the above listed species of animals or fowl are permitted at any one time.

INDIVIDUAL STORAGE UNITS: Individual units arranged in series and under the ownership of a single owner. Each unit shall be designed and sized for the storage of personal items including household goods, lawn and garden equipment, RVs, etc. Units may also be used to store items of a commercial nature which are not toxic or hazardous. Individual units shall be limited in size such that their width shall not exceed twelve feet (12'), their length forty feet (40') and their height fourteen feet (14') to the ceiling. Placement of individual storage units shall not be allowed within two hundred feet (200') of the east or west right of way line of Main Street and shall be adequately screened.

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

JUNKYARD: Any yard, establishment or business maintained, used or operated for storing, keeping, buying or selling junk, or for the maintenance or operation of an automobile graveyard.

ANIMAL SHELTER:  A facility designated or recognized by Smithfield Ciyt for the purpose of: impounding, caring or other temporary housing needs for domestic animals.

COMPANION ANIMAL:  an animal kept for pleasure rather than for utility.  It shall have the same definition as Utah Code Ann. 76-9-30'(1)(c). (Any animal that is a domestic canine or domestic cat).

KENNEL:  any lot, building, enclosure or pen meant to contain three (3) dogs but not more than four (4) over the age of four (4) months that are kept for any purpose including but not limited to: boarding, breeding, buying, grooming, training for a fee, selling or animal shelter and regulated by a conditional use permit.

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

LAND USE ORDINANCE: A planning, zoning, development, or subdivision ordinance of the municipality, but does not include the general plan.

LANDSCAPING: The installation of living plant materials (i.e., lawn, ground cover, annual and perennial flowering plants, vines, shrubs, and trees) planted directly on the property and kept free of weeds. Use of water (i.e., pools, fountains, falls and streams) and sculptures are also included as landscape design materials. Decorative paving materials (i.e., bricks, pavers, flagstones, textured concrete) may be included provided they result in attractive open space, add color or texture to the design, and create visual interest. Landscaping rocks, gravel, or wood chips may be used, provided such area does not cover more than ten percent (10%) of the area required to be landscaped.

LIGHT MANUFACTURING: Shall include the manufacturing and assembly of clothing and cloth items; small audio and visual products; electrical household appliances and toys, but not including refrigerators, washing machines, dishwashers and similar household appliances; business equipment including computers, calculators, but excluding office furniture; scientific, medical, dental and drafting instruments; orthopedic and medical appliances, optical goods, watches and clocks, electronic equipment, precision instruments, musical instruments, photographic equipment; printing services; and other small finished products manufactured or assembled using processes that ordinarily do not create noise, smoke, fumes, glare, or odors. Light manufacturing includes processes which do not require extensive floor areas or land areas.

LIVESTOCK FEED YARD: A commercial operation on a parcel of land where livestock are kept in corrals or yards for extended periods of time at a density which permits little movement, and where all feed is provided for the purpose of fattening or maintaining the condition of livestock prior to their shipment to a stockyard or sale, etc.

LODGING HOUSE: A building where lodging only is provided for compensation to five (5) or more persons.

LOT: A parcel of land occupied or to be occupied by a main building, or group of buildings (main and accessory), together with such yards, open spaces, and yard areas as are required by this title and having frontage upon a street. Except for group dwellings, not more than one dwelling structure shall occupy any one lot.

LOT, CORNER: A lot abutting on two (2) intersections or intercepting streets, where the interior angle or intersection or interception does not exceed one hundred thirty five degrees (135°).

LOT, INTERIOR: A lot other than a corner lot.

LOT, INTRABLOCK: A parcel of land occupied or to be occupied by a main building, or group of buildings (main and accessory), together with such yards, open spaces, lot width and lot area as are required by this title and not having frontage on a public street, but having access to a public street. Intrablock lots shall be located within the established platted block areas of the city.

LOT WIDTH: The distance between the side lot lines measured along a line parallel to the street line at the required front setback. The width of a corner lot is the lesser of the two (2) distances from the abutting streets to the interior lot lines opposite those streets.

MANUFACTURED HOUSE: A structure transportable in one or more modules which is built on a permanent chassis and designed to be used as a dwelling with a permanent foundation and footing when connected to required utilities, and includes the plumbing, heating, air conditioning and electrical systems contained therein. The manufactured home shall be attached permanently to an approved foundation and footing. Units which are not manufactured after June 1976 or stamped approved by HUD (national manufactured home construction and safety standards act of 1974) shall not be considered a manufactured home as defined in this section.

For clarification, this definition excludes mobile homes as defined in this section which are permitted in mobile home parks under this section. Also excluded are other types of manufactured housing often referred to as factory built or modular units.

MOBILE HOME: A structure that is transportable in one or more sections, built on a permanent chassis and designed to be used without a permanent foundation when connected to the required utilities. It does not include recreational vehicles or travel trailers.

MOBILE HOME PARK: Any plot of ground upon which two (2) or more mobile homes, occupied for dwelling or sleeping purposes, are located, regardless of whether or not a charge is made for such accommodation.

MOBILE HOME SPACE: A plot of ground within a mobile home park which is designed for the accommodation of one mobile home.

MOBILE HOME STAND: That part of a mobile home space which has been reserved for the placement of one mobile home with appurtenant structures or additions.

MOBILE HOME SUBDIVISION: A residential subdivision designed for the express purpose of offering lots under separate ownership for the placement of mobile homes.

MODULAR HOME: A home constructed in units designed to satisfy all provisions in the uniform building code. Such units are similar to site built structures in design and construction, except that they would be modular in design to facilitate their transportation. These units would be considered as prefabricated construction regulated by international building code, and for this reason are not included within the scope of this definition.

MOTEL, MOTOR COURT OR MOTOR LODGE: A building in which lodging, or boarding and lodging are provided and offered to the public for compensation. It is the same as a hotel except that the buildings are usually designed to serve tourists traveling by automobile, ingress and egress to rooms need not be through a lobby or office, and parking usually is adjacent to the rooms.

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

NONCONFORMING BUILDING OR STRUCTURE: A building or structure or portion thereof, lawfully existing at the effective date hereof, which does not conform to all the height, area and yard regulations herein prescribed in the zone in which it is located.

NONCONFORMING LOT: A lot existing at the effective date hereof and which does not conform to all square footage or frontage regulations herein prescribed in the zone in which it is located.

NONCONFORMING USE: A use which lawfully occupied a building or land at the effective date hereof and which does not conform with the use regulations of the zone in which it is located.

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

PARKING SPACE: Space within a building, lot or parking lot with minimum dimensions of nine feet by twenty feet (9' x 20') for the parking or storage of one automobile.

PAWNBROKER: Any person engaged in the business of lending money on deposit or pledges of personal property or other valuable thing, other than securities or printed evidence of valuable things, and selling or agreeing to sell the same back to the seller at a price other than the original price of the purchase, or who sells unredeemed pledges with or without the contemporary sales of the merchandise.

PERMITTED USE: A specific use authorized in a particular zone which does not require planning commission review and approval.

PORTABLE STORAGE CONTAINER: Includes any of the following types of buildings, structures, or vehicles:

  1. Shipping container of the type commonly marketed for storage and which can be delivered or removed by semitrailer, regardless of whether such structure is located on foundation or slab.
  2. Semitrailer or other trailer whether such vehicle is parked on or off a public street, and which does not have a current Utah license and inspection.
  3. Utility box from a delivery truck when such has been removed from the chassis.
  4. Does not include an open roll-off or other trash storage container or modular home, house trailer, vehicle or camp trailer.

PROCTOR CARE: The provision of care for only one youth at a time placed in a licensed proctor home. The youth shall be adjudicated to the custody of the division of youth corrections.

PROCTOR CARE JUVENILE: Any juvenile that has been removed from a home, parents or guardian by reason of being a menace to society and the community or having broken the laws of the state. Any juvenile that is under parole, or placed in any rehabilitation program or like programs sponsored by the state or other institutions. Any youth offender as defined in Utah Code Annotated.

PUBLIC UTILITY: A structure or facility used by a public agency to store, distribute, or chemically treat water, power, gas, sewer, equipment, or other services.

RECREATION, PUBLIC: Recreational facilities operated by a public agency and open to the general public for a fee, such as golf courses, golf driving ranges and baseball batting ranges.

RECREATION VEHICLE: Any vehicle which is designed to be transported on its own wheels and is intended to be used as temporary living quarters for travel, recreation or vacation purposes. Recreation vehicles may, or may not, include one or all of the accommodations and facilities provided in a mobile home. This term shall include the terms "vacation vehicle", "truck camper", "tent trailer", "motor home", or "travel trailer".

RESTRICTED LOT: A parcel of land severed or placed in separate ownership after August 22, 1990, and which does not meet all area, width, yard and other requirements of this title for a lot, or a parcel of land which does meet all the requirements of this title for a lot, but the creation of which has caused any adjacent lot from which it was severed to be insufficient in area, width, setback, yard or coverage requirements.

RETIREMENT CENTER: Housing complex intended for use by the elderly or those of retirement age only. Building may be single- or multiple-story with individual units which may be attached or detached. The complex should be independently owned and shall be comprised of separate, totally self-contained, rented housing units. Facilities for laundry services, storage and recreation may also be available.

SCHOOL, COMMERCIAL: An establishment for the teaching of industrial, clerical, managerial, or artistic skills. This definition applies to schools that are owned and operated privately and do not offer a complete educational curriculum.

SCHOOL, PRIVATE OR QUASI-PUBLIC: A school operated by a private or quasi-public organization, or individual, which has a program 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 for profit or nonprofit organization. This definition shall not include commercial schools.

SECONDHAND STORE: A store, office or place of business for the purchase, barter or exchange or sale of any secondhand merchandise of value, or the exchange in the business of dealing of secondhand goods.

SIGN: Any device used for visual communication to the general public but not including any flag, badge or ensign of any governmental agency. See chapter SMC 17.36 of this title.

STABLE, PRIVATE: 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: A stable other than a private stable.

STORY: The space within a building included between the surface of any floor and the surface of the ceiling next above.

STORY, HALF: A story with at least two (2) of its opposite sides situated in a sloping roof, the floor areas of which do not exceed two-thirds (2/3) of the floor immediately below it.

STREET: A public thoroughfare which affords principal means of access to abutting property, and is more than twenty six feet (26') wide.

STRUCTURAL ALTERATIONS: Any change in supporting members of a building, such as bearing walls, columns, beams or girders.

STRUCTURE: That which is framed, erected, constructed or placed upon the ground, but not including fences which are six feet (6') or less in height.

SWINE: Includes pigs, hogs and boars.

TEMPORARY STRUCTURE: Any building or structure that is designed to be assembled, disassembled or easily moved, without any foundation or footing or site preparation, which is intended for temporary use, when removed, results in no physical alteration of the site.

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

VARIANCE: A device which grants a property owner relief from certain provisions of this title when the property owner has met the burden of showing that all requirements of this title and state law have been met.

VETERINARY OR ANIMAL HOSPITAL: A building and runs where both large and small animals are kept and/or treated by a licensed veterinarian.

WIDTH OF LOT: The horizontal distance between the side lot lines, measured at the required front yard setback line.

YARD: A space on a lot, other than a court, unoccupied and unobstructed from the ground upward, by buildings, except as otherwise provided in this title.

YARD, FRONT: A 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. In cases of corner lots, the property owner shall identify which of the two (2) front yards shall be designated as the front yard and which shall be the corner side yard. Rear yards shall be located opposite the designated front yard and shall contain the minimum required rear yard space.

YARD, REAR: A space on the same lot with a building, between the rear line of the building (exclusive of steps and chimneys) and the rear line of the lot and extending the full width of the lot for interior lots or in the case of a corner lot to the side corner setback line. Corner lot rear yards shall be located opposite of the designated front yard and shall contain the minimum required rear yard space. For purposes of determining compliance with minimum rear yard spaces, distances shall be measured perpendicular to the building.

YARD, SIDE: A space on the same lot with a building, between the side line of the building (exclusive of steps or open stairways) and the side line of the lot and extending from the front yard line to the rear yard line. For purposes of determining compliance with minimum side yard depths, distances shall be measured perpendicular to the building.

YARD, SIDE CORNER: A space between the other front lot line on a corner lot that is not used to designate the front of the structure and the closest permissible location of a main building and extending between the rear lot line and the designated front setback line. For purposes of building setback, the provisions of SMC 17.12.180B of this title shall govern for corner lots.

ZONE: Synonymous to "district".

ZONING ADMINISTRATOR: An individual or body designated by the city council who is authorized to perform certain administrative actions, including review and approval of certain applications, as set forth herein.

HISTORY
Adopted by Ord. 15-20 on 11/11/2015
Adopted by Ord. 15-01 on 11/9/2016
Amended by Ord. 18-16 on 1/9/2019
Amended by Ord. 19-01 on 3/13/2019
Amended by Ord. 19-05 on 6/12/2019
Amended by Ord. 20-25 on 11/4/2020
Amended by Ord. 21-13 on 5/12/2021
Amended by Ord. 2025-02 on 2/12/2025
Amended by Ord. 2025-10 on 6/11/2025
Amended by Ord. 2025-07 on 7/9/2025

15-20

15-01

18-16

19-01

19-05

20-25

21-13

2025-02

2025-10

2025-07