"Active Business" means a business holding a current South Salt Lake City business license.

"Administrative Law Judge" means a person appointed by the Mayor or the Mayor's designee to preside over administrative hearings.

"Adult Day Care" means non-residential daytime care and supervision of three (3) or more functionally impaired adults. Adult Day Care is not Day Treatment, a Homeless Shelter, or any other defined Use in this Chapter.

"Affected Entity" for the purposes of required notice of public hearings for a General Plan amendment or the adoption or revision of a Land Use Regulation, means a county, municipality, local school district, special service district under Utah Code Annotated (UCA) Title 17D, Chapter 1, Special Service District Act, school district, interlocal cooperation entity established under UCA Title 11, Chapter 13, Interlocal Cooperation Act, specified public utility under UCA Title 10, Chapter 9a, Municipal Land Use, Development, and Management Act, a property Owners' association, or the Utah Department of Transportation, if:

1.

The entity's services or facilities are likely to require expansion or significant modification because of an intended Use of land;

2.

The entity has filed with the City a copy of the entity's general or long-range plan; or

3.

The entity has filed with the City a request for notice during the same calendar year and before the City provides notice to an Affected Entity in compliance with a requirement imposed under the state Land Use Development and Management Act.

"Alcoholic Beverage, Banquet and Catering" means an entity operating under and holding the required Department of Alcoholic Beverage Control license issued in accordance with Utah Code Annotated Title 32B, Chapter 6, Part 6, On-Premise Banquet License, and corresponding City liquor license.

"Alcoholic Beverage, Bar Establishment" means an entity operating under and holding the required Department of Alcoholic Beverage Control license issued in accordance with Utah Code Annotated Title 32B, Chapter 6, Part 4, Bar Establishment License, and corresponding City liquor license.

"Alcoholic Beverage, Beer Recreational" means an entity operating under and holding the required Department of Alcoholic Beverage Control license issued in accordance with Utah Code Annotated Title 32B, Chapter 6, Part 7, On-premise Beer Retailer License, and corresponding City beer license.

"Alcoholic Beverage, Beer Wholesaler" means an entity operating under and holding the required Department of Alcoholic Beverage Control license issued in accordance with Utah Code Annotated Title 32B, Chapter 13, Beer Wholesaling License Act, and corresponding City beer license.

"Alcoholic Beverage, Hotel" means an entity operating under and holding the required Department of Alcoholic Beverage Control license issued in accordance with Utah Code Annotated Title 32B, Chapter 8b, Hotel License Act, and corresponding City liquor license.

"Alcoholic Beverage, Liquor Warehouse" means an entity operating under and holding the required Department of Alcoholic Beverage Control license issued in accordance with Utah Code Annotated Title 32B, Chapter 12, Liquor Warehousing License Act, and corresponding City liquor license.

"Alcoholic Beverage, Local Industry Representative" means an entity operating under and holding the required Department of Alcoholic Beverage Control license issued in accordance with Utah Code Annotated Title 32B, Chapter 11, Part 6, Local Industry Representative License Act, and corresponding City liquor license.

"Alcoholic Beverage, Manufacturer" means an entity operating under and holding the required (a) Department of Alcoholic Beverage Control license issued in accordance with Utah Code Annotated Title 32B:

1.

Chapter 11, Part 3, Winery Manufacturing License,

2.

Chapter 11, Part 4, Distillery Manufacturing License, or

3.

Chapter 11, Part 5, Brewery Manufacturing License; and

4.

Corresponding City liquor license.

"Alcoholic Beverage, Off-Premise Beer" means an entity operating under and holding the required Department of Alcoholic Beverage Control license issued in accordance with Utah Code Annotated Title 32B, Chapter 7, Off-Premise Beer Retailer Act, and corresponding City beer license, and only as a component of a Convenience Store with Fuel Pumps, General Retail, or Manufacturer Alcoholic Beverage Use.

"Alcoholic Beverage, Package Agency" means an entity other than the state operating a retail liquor location to sell packaged liquor for consumption off the premises of the package agency under (a) an agreement with the Department of Alcoholic Beverage Control, as authorized by the Alcoholic Beverage Control Commission in accordance with Utah Code Annotated Title 32B, Chapter 2, Part 6, Package Agency, and (b) corresponding City liquor license.

"Alcoholic Beverage, Reception Center" means an entity operating under and holding the required Department of Alcoholic Beverage Control license issued in accordance with Utah Code Annotated Title 32B, Chapter 6, Part 9, Reception Center License, and corresponding City liquor license.

"Alcoholic Beverage, Restaurant (Beer Only)" means an entity operating under and holding the required Department of Alcoholic Beverage Control license issued in accordance with Utah Code Annotated Title 32B, Chapter 6, Part 9, Beer-Only Restaurant License, and corresponding City beer license.

"Alcoholic Beverage, Restaurant (Full Service)" means an entity operating under and holding the required Department of Alcoholic Beverage Control license issued in accordance with Utah Code Annotated Title 32B, Chapter 6, Part 2, Full-service Restaurant License, and corresponding City liquor license.

"Alcoholic Beverage, Restaurant (Limited Service)" means an entity operating under and holding the required Department of Alcoholic Beverage Control license issued in accordance with Utah Code Annotated Title 32B, Chapter 6, Part 3, Limited-service Restaurant License, and corresponding City liquor license.

"Alcoholic Beverage, Special Use (Educational)" means an entity operating under and holding the required Department of Alcoholic Beverage Control educational use permit issued in accordance with Utah Code Annotated Title 32B, Chapter 10, Special Use Permit Act, and corresponding City special-use license.

"Alcoholic Beverage, Special Use (Industrial/Manufacturing)" means an entity operating under and holding the required Department of Alcoholic Beverage Control industrial or manufacturing use permit issued in accordance with Utah Code Annotated Title 32B, Chapter 10, Part 4, Industrial or Manufacturing Use Permit, and corresponding City special-use license.

"Alcoholic Beverage, Special Use (Religious)" means an entity operating under and holding the required Department of Alcoholic Beverage Control religious wine use permit issued in accordance with Utah Code Annotated Title 32B, Chapter 10, Part 6, Religious Use of Alcoholic Products, and corresponding City special-use license.

"Alcoholic Beverage, Special Use (Scientific)" means an entity operating under and holding the required Department of Alcoholic Beverage Control scientific use permit issued in accordance with Utah Code Annotated Title 32B, Chapter 10, Special Use Permit Act, and corresponding City special-use license.

"Alcoholic Beverage, State Liquor Store" means an means a facility established by the Alcoholic Beverage Control Commission in accordance with Utah Code Annotated Title 32B, Chapter 2, Part 5, State Store, the for the sale of packaged liquor located on premises owned or leased by the state and operated by a state employee. State Liquor Store does not include any other defined Use in this Chapter.

"Alcoholic Beverage, Tavern" means an entity operating under and holding the required Department of Alcoholic Beverage Control license for a tavern, issued in accordance with Utah Code Annotated Title 32B, Chapter 6, Part 7, On-premise Beer Retailer License, and corresponding City beer license.

"All-Terrain Vehicle (ATV), Motorcycle, Personal Watercraft (PWC), Snowmobile Sales and Service" means the indoor sale or lease of any motorized off-road vehicle fifty (50) inches or less in overall width, with a dry weight of eight hundred (800) pounds or less, or other similarly sized motorized vehicles, not including automobiles, trucks, trailers, etc. This Use includes the incidental and subordinate service of such motorized off-road vehicles but does not include any outdoor storage or sales.

"Alley" means a paved Right-of-Way that provides secondary vehicular access and is not intended for general traffic circulation.

"Alteration" means any change or rearrangement in the structural parts or design of a Sign, whether by extending on a side, by increasing in area or height or in moving from one location or position to another. Alteration does not include the regular repair or maintenance of a Sign.

"Amusement Device" means any machine, device, or contrivance, not prohibited or declared unlawful by the City or the state of Utah, designed or intended to be operated or used for amusement or the playing of a game upon or in exchange for paying a fee or inserting a coin or token.

"Animal Boarding/Raising (Farm)" means a business primarily engaged in raising or boarding animals for profit on a farm. An Animal Boarding/Raising (Farm) does not include any other defined Use in this Chapter.

"Animal Hospital/Veterinary Office (Small Animal)" means an establishment operated by a licensed veterinarian, at which small or medium-sized farm animals or household pets are treated within a completely enclosed Structure. Animal Hospital or Veterinary Office includes the incidental and subordinate boarding of small animals. An Animal Hospital/Veterinary Office (Small Animal) does not include any other defined Use in this Chapter.

"Animal Kennel/Day Care, Commercial" means a facility where three (3) or more pet animals, owned by another person, are temporarily boarded for pay, trade, barter, commission, or remuneration of any sort. Commercial Animal Kennels do not include zoos, Veterinary Offices, Animal Hospitals or any other defined Use in this Chapter.

"Antenna" means a transmitting or receiving device used in telecommunications that radiates or captures radio signals.

"Antique or Classic Automobile" means an automobile that is at least 25 years old, with enough historical interest to be collectable and worth preserving or restoring rather than scrapping.

"Apiary" means a place where beehives are kept and maintained, where bees are raised primarily for honey. An Apiary does not include any other defined Use in this Chapter.

"Applicant" means a property Owner, or the property Owner's designee, who submits an Application regarding the property Owner's land.

"Application" means a submission required by the City to obtain a Land Use Decision. An Application does not include a Petition to (a) enact, amend, or repeal a Land Use Regulation; or (b) modify the General Plan.

"Architectural Elements" means the unique details and component parts that, together, form the architectural style of a Structure.

"Art Gallery" means a business engaged in the exhibition and sale of artwork. Art Gallery does not include the sale of art supplies or other raw materials used in the creation of artwork or any other defined Use in this Chapter.

"Art Studio" means a place where artwork is created. An Art Studio includes, but is not limited to, a place to paint, sculpt and fire clay, or engrave and work metal into artistic forms. An Art Studio does not include a place to practice or perform Performance Art or any other defined Use in this Chapter.

"Assisted Living Facility" means a residential facility, licensed by the state of Utah, with a home-like setting that provides an array of coordinated supportive personal, health care services, aides in daily living, social and recreational services, available twenty-four (24) hours per day, to residents who have been assessed under Utah Department of Health or Department of Human Services regulations to need any of these services. Assisted Living Facilities create service plans for residents based on assessment that include:

1.

Specified services of intermittent nursing care;

2.

Administration of medication; or

3.

Support services promoting the resident's independence and self-sufficiency.

An Assisted Living Facility does not include any other defined Use within this Chapter.

"ATM, Kiosk, Vending Machine (Self-Service, Interactive, Outdoors)" means any unattended self-service device that performs services upon a required payment or command by the user. Such services include but are not limited to banking or financial functions at a location remote from the controlling Financial Institution; dispensing anything of value including food, beverage, goods, wares, merchandise, or services; or posting of notices or advertisements.

"Auction House" means a Structure or area within a Building used for the public sale of goods, wares, merchandise, livestock, or equipment to the highest bidder. An Auction House does not include any other defined Use in this Chapter.

"Auto, Light Truck, RV, Boat, Trailer Dealerships (Sale, Lease, or Rent)" means a business engaged in the sale, lease, or rental of automobiles, light trucks, vans, RVs, boats, or trailers and includes incidental parking of such vehicles, and warranty repair work and other repair services that is incidental and subordinate to the sale, lease, or rental aspect of the business. Auto, Light Truck, RV, Boat, Trailer Dealerships (Sale, Lease, or Rent) does not include any other defined Use in this Chapter.

"Auto Auction" means the sale of automobiles though a process in which multiple bidders compete to acquire a vehicle that is ultimately sold to the person offering the highest price. An Auto Auction does not include any other defined Use in this Chapter.

"Auto Body Repair" means a facility for repairing passenger vehicles, light and medium trucks, and other motor vehicles such as motorcycles, boats, and recreational vehicles. Auto Body Repair includes auto body painting but does not include any other defined Use in this Chapter.

"Automotive Restoration" means the process of repairing degraded aspects of Antique or Classic Automobiles to return them to an "authentic" condition. Automotive Restoration does not include any other defined Use in this Chapter.

"Automotive Service and Repair" means a business engaged in the repair, accessorizing, or maintenance of motor vehicles, trailers, or recreational vehicles. Automotive Service and Repair does not include Auto Body Repair, auto dismantling, salvage, or any other defined Use in this Chapter.

"Automotive Service Station (Non-Mechanical)" means a business that provides routine maintenance (windshield, tire, fluids, etc.) for passenger vehicles, while the customer waits on-site. An Automotive Service Station (Non-Mechanical) does not include any other defined Use in this Chapter.

"Aviary" means an enclosure specifically constructed to hold live birds in confinement. Aviary does not include Urban Poultry or any other defined Use in this Chapter.

"Bail Bonds" means any sole proprietor or entity that: (a) is licensed under Utah Code § 31A-35-404(1) or (2); (b)(i) is the agent of a surety insurer that sells a bail bond in connection with judicial proceedings; (ii) pledges the assets of a letter of credit from a Utah depository institution for a bail bond in connection with judicial proceedings; or (iii) pledges personal or real property, or both, as security for a bail bond in connection with judicial proceedings; and (c) receives or is promised money or other things of value for a service described in Subsection b.

"Bakery, Commercial" means an establishment that makes and sells food products such as bread, cake, or pastries for large-scale distribution and wholesale. A Commercial Bakery does not include any other defined Use in this Chapter.

"Bakery, Neighborhood" means an establishment that is no more than 2,000 square feet, primarily serving the surrounding neighborhood, that makes and sells food products such as bread, cake, and pastries. A Neighborhood Bakery does not include any other defined Use in this Chapter.

"Berm" means an earthen mound designed to provide visual interest on a site, screen undesirable views, reduce noise, or fulfill other similar purposes.

"Billboard" means a Detached Sign that is designed or intended to direct attention to a business, product or service that is not sold, offered, or existing on the property where the Sign is located. A Billboard is an outdoor advertising Structure as defined by state statutes. The following also apply to Billboards:

1.

"Nonconforming Billboard" means an existing Billboard that is located in a zoning district or otherwise situated, sized, or constructed in a way that would not be permitted by the provisions of this Title.

2.

"Embellishment" means an extension of the Billboard resulting in increased square footage as part of an artistic design to convey a specific message or advertisement.

"Biotech/Biolife" means applied science that uses living organisms and their derivatives to produce products and processes. Biotech/Biolife uses are conducted in a controlled office/lab setting.

Biotech/Biolife does not include any business engaged in manufacturing, processing, or packaging alcohol, pharmaceutical drugs, any Cannabis, or tobacco products or any other defined Use in this Chapter.

"Block" means the aggregate of Lots, Parcels, and Right-of-Ways, other than Alleys or lanes, bounded on all sides by Streets.

"Blood/Plasma Donation Center" means an appointment only facility, that is not accessory to a Medical Clinic, where blood and/or plasma is donated or sold, and then distributed for use in medical or other similar products.

"Buffer" means an open space, Landscaped Area, fence, wall, Berm, or any combination thereof used to physically separate or screen one Use or property from another so as to visually shield or block noise, lights, or other nuisances.

"Build-to Standard" means the area of a Lot in which the Primary Façade of the Main Building must be located and is parallel to the Front or Corner Property Line. The Build-To Standard defines the area in which the locations of Building fronts can vary within a specified range.

"Buildable Area" means the area of a Lot—excluding wetlands, steep slopes, and easements—Available for construction after the minimum Yard, parking, and open space requirements of this Title have been met.

"Building" means any Structure having a roof supported by columns or walls, for the occupancy or enclosure of persons, animals, or chattel.

"Building, Elevation" means the entire wall surface on one side of a Building, measured as the full horizontal distance of a Façade wall from Grade to the underside of an overhanging eave or cornice.

"Building Footprint" means the perimeter of a building at the outer edge of the outside walls of the building, including cantilevered portions of a building.

"Building Height" means the vertical distance of a Structure measured from the average of the midpoint of the two (2) tallest elevations, as measured from adjacent Grade to the highest point of the coping of a flat roof, the deck line of a mansard roof, or the midpoint between ridge and eaves of a sloped roof.

"Building, Historic" means any Building or Structure that is historically or architecturally significant according to the requirements found in Section 17.03.160.

"Building, Main or Primary" means the principal Building, or one of the principal Buildings on a Lot, that contains the Primary Use on the Lot.

"Building Line" means the line circumscribing the Buildable Area of a Lot in a vertical plane that intersects the ground and the heavens.

"Building Permit" means a permit issued by the City's Community Development Department authorizing Construction Activity on a Property or Lot.

"Canopy Structures" means all structures, canopies, temporary carports, membrane structures or other canopies that are temporary coverings of plastic, cloth, nylon, or other similar materials supported by a frame, including, but not limited to, prefabricated canopies available from retail outlets.

"Carport" means a roofed Structure enclosed on not more than three sides and providing space for the parking of motor vehicles.

"Car Wash" means a Building used for washing and cleaning motor vehicles and other light duty equipment. Car Wash includes motor vehicle and other light equipment interior detailing services, but does not include any other defined Use in this Chapter.

"Change of Use, Building/Fire" means where the current International Building Code (IBC) or International Fire Code (IFC) required a greater degree of safety, accessibility, structural strength, fire protection, means of egress, ventilation or sanitation than is existing in the current building or structure.

"Change of Use, Zoning" means that change of one land use category to another as shown in the Land Use Matrix.

"Child Care" means the provision, day or night, of supplemental parental care, instruction and supervision for a non-related child or children, on a regular basis, and for less than 24 hours a day. Child Care does not include babysitting services on a casual, non-recurring nature or in the child's home, nor cooperative, reciprocal child care by a group of parents in their respective domiciles.

1.

"Child Care, In-Home Babysitting" means the provision of child care for eight (8) or fewer children within a Dwelling or within a commercial Building outside of residential zoning districts.

2.

"Child Care, Family" means the provision of child care for up to eight (8) children, including the provider's children who are under the age of 18, within the provider's primary residence.

"Child Care Center" means a Building, including outside play areas, used for the provision of Child Care for more than four (4) children for less than 24 hours a day, that is not a primary residence. A Child Care Center does not include any other defined Use within this Chapter.

"City" means South Salt Lake City.

"City Council" means the legislative body of the South Salt Lake City government.

"City Facility" means any Lot, Parcel, or Structure that is owned or operated by the City and that is located in the City Facility district.

"Clear View Area" means that portion of a Corner Lot lying within a triangular area formed by a diagonal line connecting lines located at the curb line 30 feet (30') from the projected intersection of such curb lines. Where no curb exists, the Clear View Area shall include that portion of a Corner Lot lying within a triangular area formed by a diagonal line connecting lines located at the Property Line 20 feet (20') from the intersection of said Property Line. Where Property Lines of adjacent properties extend into the Right-of-Way, the calculations shall be made from the edge of the improved Right-of-Way for a distance of 30 feet (30').

"Code" means the City of South Salt Lake Municipal Code.

"Collocation" means locating a wireless communications facility on an existing structure, tower, or Building in a manner that precludes the need for that wireless communications facility to be located on a freestanding Structure of its own.

"Commercial Repair Services" means a business primarily engaged in the provision of repair services to individuals, households, and/or other businesses, but excluding automotive and equipment repair and any other defined Use in this Chapter.

"Common Wall" means a dividing partition between two (2) adjoining Buildings that is shared by the occupants of each residence or business. Also known as a "party wall."

"Community Garden" means an area of land managed and maintained by an identifiable group of community members used to grow and harvest food crop, for personal or group use. Generally operated as not for profit. A Community Garden does not include any business engaged in manufacturing, processing, or packaging alcohol, pharmaceutical drugs, any Cannabis products, or any other defined Use in this Chapter.

"Community Location", for the purposes of compliance with state law regulating Tobacco Specialty Retail establishments, means a:

1.

public or private kindergarten, Elementary, middle, junior high, or high School;

2.

licensed Child Care facility or Preschool;

3.

trade or Technical school;

4.

Place of Worship;

5.

public Library;

6.

public playground;

7.

public park;

8.

youth center or other space used primarily for youth-oriented activities;

9.

public Recreational Center;

10.

public arcade;

11.

for a new license issued on or after July 1, 2018, a Homeless Shelter; or

12.

for a new license issued on or after July 1, 2024, a Family Interim Non-congregate Children Housing Facility.

"Compatible" or "Compatibility" means the characteristics of different Uses or designs that integrate with and relate to one another to maintain and/or enhance the context of a surrounding area or neighborhood. Elements affecting Compatibility include, but are not limited to, height, Scale, mass and bulk of Building, pedestrian and vehicular circulation, parking, Landscaping and architecture, topography, environmentally sensitive Areas, and Building patterns.

"Cosmetology" means a business that primarily provides hair coloring or trimming services for a fee. Cosmetology may perform other personal hygiene related services such as manicures, pedicures, or make-up application. It may also include dry styling of hair. Cosmetology does not include any massage related services or a Day Spa.

"Construction Activity" means:

(a)

All grading, excavation, construction, grubbing, mining, or other Development that materially disturbs or changes the natural vegetation, Grade, or existing Structure; or

(b)

The act of adding an addition to an existing Structure, or the erection of a new principal or Accessory Structure on a Lot or Property.

"Condominium" means the ownership of a single unit in a multi-unit project together with an undivided interest in the common areas and facilities of the property.

"Construction Codes" means the nationally recognized Construction Codes adopted by the state of Utah.

"Contributory Structure" means a Structure that was built within the historic period (50 years or older), retains most of its original appearance without major changes to the structure, is eligible for the National Register because of architectural significance, and is deemed to contribute to the Historic and Landmark district by the Historic and Landmark Commission.

"Convenience Store with Fuel Pumps" means a business that primarily sells petroleum products to consumers as well as incidental and subordinate sales of vehicle-related products, tobacco products, alcohol, food, and/or beverages. A Convenience Store with Fuel Pumps does not include any other defined Use in this Chapter.

"Courtyard" means an outdoor area enclosed by a Building on at least two (2) sides and open to the sky.

"Coverage" means that percentage of the Parcel or Lot Area covered by the Building. This term can also be referred to as "Building Coverage."

"Crime Prevention Through Environmental Design (CPTED)" means the set of design principles for creating safer built environments by incorporating natural surveillance, access control, territorial reinforcement, a sense of ownership, management, and maintenance.

"Crematory/Embalming Facility" means a business, properly licensed by the state, that is devoted to cremation and/or embalming of the dead, but does not include facilities for burial, internment, body viewing, or funeral services or any other defined Use in this Chapter.

"Day Spa" means a business that provides at least four (4) distinct therapeutic and/or personal grooming services—performed by a state licensed barber, cosmetologist, electrologist, esthetician, nail technician, massage therapist, or acupuncturist—and does not provide any service for which a state license is not required or any other defined Use in this Chapter.

"Day Treatment Center" means a state licensed outpatient treatment center that provides care to four (4) or more persons who are unrelated to the Owner or provider and have emotional, psychological, physical, or behavioral dysfunctions, impairments, or chemical dependencies for fewer than 24 hours a day. A Day Treatment Center does not include any other defined Use within this Chapter.

"Dedication/Dedicated" means the intentional transfer of land by the Owner to the City for public Use and/or ownership.

"Density" means the intensity or number of non-residential and Residential Uses expressed in terms of unit equivalents per acre or Lot or units per acre. Density is a function of both the number and type of Dwelling Units and/or non-residential units and the land area.

"Development" means any Building activity or clearing of land as an adjunct of construction.

"Drive Aisle" means the area within a Parking Lot, garage, or Structure providing access to and from Parking Stalls.

"Drive-up Window" means a Building opening, including windows, doors, or mechanical devices, through which the occupants of a motor vehicle receive or obtain a product or service.

"Dry Cleaning/Laundromat" means a business that launders or dry cleans garments, draperies, etc., that are dropped off directly by the customer, or a business where articles are dropped off, sorted, and picked up, but not where laundering or dry cleaning occurs. A Dry Cleaning/Laundromat does not include any other defined Use in this Chapter.

"Dwelling" means any Building, or portion thereof, that is used for long-term Residential Use.

"Dwelling, Employee Housing" means a Dwelling Unit, located within a mixed-use Structure that shall be available for long term lease for employees of the business located within the same mixed-use Structure and contains a shared kitchen/dining area and shared restroom/shower facilities for up to four individuals per Dwelling Unit. Dwelling, Employee Housing is for employees only and shall not be leased to individuals not employed in the business located within the same mixed-use Structure. Dwelling, Employee Housing does not include short-term rentals or any other defined Use in this Chapter.

"Dwelling, Live/Work" and "Live/Work" means an integrated Dwelling Unit and workspace within the Townhome Overlay Zone, designed to accommodate joint residential occupancy and work activity, and that is occupied and utilized by the person or Family residing in the attached Dwelling Unit. A Live/Work Dwelling incorporates the Residential Use above the attached workspace. A Live/Work Dwelling does not include any workspace used for Massage Therapy or any other defined Use in this Chapter.

"Dwelling, Multi-Family" and "Multi-Family" means a Building containing fifty (50) or more independent and individual Dwelling Units, or equivalent residential units, including units that are located one over another. Dwelling, Multi-Family does not include any other defined Use within this Chapter.

"Dwelling, Primary" means the principal Building, or one of the principal Buildings on a Lot, that contains the Primary Use on the Lot.

"Dwelling, Single-Family" and "Single-Family" means a Building containing one Dwelling Unit occupied by one Family that is not attached to any other Dwelling and is surrounded by open space or Yards.

"Dwelling, Townhome" and "Townhome" means a Dwelling Unit, located on its own Lot or a Condominium, that shares one or more Common Walls with one or more Dwelling Units. Townhome Dwellings are individually owned and do not share common floor/ceilings with other Dwelling Units. A Townhome Structure may include a ground floor commercial Use below the Dwelling Unit if such commercial Use is both allowed in the base zone and is specifically addressed in an approved Development Agreement.

"Dwelling Unit" means a Building or portion thereof, with sleeping and kitchen facilities for the exclusive Use of up to four (4) unrelated persons or one (1) Family. A Dwelling Unit does not include any other defined Use within this Chapter.

"Dwelling Unit, Accessory" ("ADU") means an additional, self-contained housing unit that is secondary to the Primary Dwelling including Internal ADUs and External ADUs.

"Dwelling Unit, Internal Accessory" means an ADU created:

1.

Within a Primary Dwelling;

2.

Within the footprint of the Primary Dwelling at the time the Internal ADU is created; and

3.

For the purpose of offering a long-term rental of 30 consecutive days or longer.

"Dwelling Unit, External Accessory" means an ADU that is not part of the Primary Dwelling's footprint, or sharing a common wall.

"Education, After School (Children)" means developmental or educational programs for children that occur outside the typical school day. A Children's After School Education Facility does not include any other defined Use in this Chapter.

"Education, Elementary or Secondary" means any school, that meets state requirements for Elementary or Secondary Education. An Elementary or Secondary Education Facility does not include any other defined Use in this Chapter.

"Education, Higher (Public)" means a public institution for higher learning—beyond high school—that grants associate's or bachelor's degrees. Public Higher Education includes accredited Community Colleges that grant Certificates of Completion in business or technical fields but does not include any other defined Use in this Chapter.

"Education, Preschool" means a school for the instruction of children prior to entrance into kindergarten. A Preschool Education Facility does not include any other defined Use in this Chapter.

"Education, Technical" means a secondary or higher education facility that primarily teaches skills that prepare students for jobs in a trade. Technical Education includes trade and vocational school but does not include any other defined Use in this Chapter.

"Electronic Cigarette Product" means the same as that term is defined in UCA Section 76-10-101, and as may be amended.

"Electronic Message Center" means a mechanism or device that uses a combination of lights or lighted panels that are controlled electronically to produce words, symbols, or messages that may flash, travel, or scintillate within a given panel area.

"Employment Agency/Temporary Staffing" means a commercial organization that finds jobs for people seeking them, finds people to fill jobs that are open, or supplies employees to other businesses on a temporary basis. An Employment Agency/Temporary Staffing Use does not include any other defined Use in this Chapter.

"Equestrian Facility" means a commercial horse, donkey, or mule facility consisting of detached Buildings designed and used to care for such animals. An Equestrian Facility includes horse ranches, boarding stables, riding schools, and exhibition facilities but does not include any other defined Use in this Chapter.

"Equipment Sales, Service, and Rental (Heavy and Farm)" means a business primarily engaged in the sale or rental of tools, trucks, tractors, construction equipment, agricultural implements, and similar industrial equipment. Equipment Sales, Service, and Rental includes accessory storage, maintenance, and service for such equipment. Equipment Sales, Service, and Rental (Heavy and Farm) does not include any other defined Use in this Chapter.

"Escort Service" means any person who furnishes or arranges for an escort to accompany another individual for: (a) companionship; and (b)(i) a salary; (ii) a fee; (iii) a commission; (iv) for hire; (v) for profit; or (vi) any amount similar to an amount listed in this Title.

"Façade" means that portion of any exterior elevation of a Structure extending from Grade to the top of the parapet, wall, or eaves, and extending the entire width of the Structure's elevations.

"Façade, Distinctly Different Primary" means a Primary Façade that materially differs from other Primary Façades in the same Subdivision. Distinctly Different Primary Façades do not include mirror images.

"Façade, Primary" means the Façade parallel to the Street the Building derives its Street address from and includes the primary entrance for the Building.

"Family" means (a) one (1) person living alone or two (2) or more persons related by blood, marriage, or adoption, according to the laws of the state of Utah; or (b) a group not to exceed four (4) unrelated persons living together as a single housekeeping unit for which a lawfully located off-Street Parking Stall is provided for each person.

"Family Interim Non-congregate Children Housing Facility" means a facility that is owned, operated, or contracted for operations, by a government entity or a charitable, nonprofit organization that provides free, temporary (on average, less than one year), non-congregate housing to families, which must include at least one minor child or one young-adult child who is still engaged as a student in the K-12 public school system, who are experiencing homelessness while the parent(s) or guardian(s) obtain work, job skills, or otherwise take steps to stabilize the family's long-term housing circumstances. A Family Interim Non- congregate Children Housing Facility does not include any other defined Use in this Chapter.

"Farmers Market" means the sale of fresh agricultural products directly to the consumer at an open-air market sponsored by the City of South Salt Lake. A Farmer's Market does not include any other defined Use in this Chapter.

"Final Grading" means the last stage of grading soil or gravel prior to Landscaping, the installation of concrete or bituminous paving, or other required final surfacing material.

"Financial Institution" means the provision of financial or banking services to consumers or clients. Financial Institution does not include a Non-Depository Institution such as: Check Cashing, Title Loan, Payday Loan, Pawnshop, or Precious Metal Recycling or any other defined Use in this Chapter.

"Fitness Center" means a commercial establishment providing space within a Building, or a portion thereof, for fitness classes, martial arts classes or competition, dance classes, exercise equipment, game courts, swimming facilities, saunas, showers, and lockers. A Fitness Center does not include any other defined Use in this Chapter.

"Floor Area" means the sum of the gross horizontal areas of each Story of a Building or Buildings, measured from the exterior faces of the exterior walls or from the centerline of Common Walls. Basements, interior balconies and mezzanines, elevator shafts, stairwells, and enclosed Porches are included in Floor Area. Also referred to as "Gross Floor Area."

"Food Processing (Large-Scale)" means an establishment containing a full commercial kitchen, where food is processed or otherwise prepared for eventual human consumption. Food Processing (Large-Scale) does not include any other defined Use in this Chapter.

"Food Processing (Small-Scale)" means an establishment containing a full commercial kitchen, where food is processed or otherwise prepared for human consumption, within a facility 3,000 square feet or less in size. Food Processing (Small-Scale) does not include any other defined Use in this Chapter.

"Food Truck/Food Trailer " means a fully enclosed food service establishment on a motor vehicle or on a trailer that a motor vehicle pulls to transport and from which a Food Truck Vendor, standing within the frame of the vehicle, prepares, cooks, sells, or serves food or beverages for immediate human consumption.

"Food Truck Park" means three (3) or more Food Trucks or Trailers that congregate at an established private property location to offer food or beverages for sale to the public.

"Food Truck/Food Trailer Vendor" means a person who prepares, sells, cooks, or serves food or beverages for immediate human consumption from a Food Truck or Trailer.

"Frontage" means that portion of a Lot abutting a Right-of-Way that provides access to the Lot and is ordinarily regarded as the front of the Lot.

"Funeral/Mortuary Home" means a state licensed establishment for the storage of dead human bodies prior to autopsy, burial, cremation, or release to survivors. A Funeral/Mortuary Home also includes the arrangement and management of funerals and may include accessory caretaker facilities. A Funeral/Mortuary Home does not include any other defined Use in this Chapter.

"Garage, Attached" means a Building or Structure, or portion thereof, used or designed to be used for the parking and storage of motor vehicles that shares a Common Wall with the Primary Structure and is incidental and subordinate to the Primary Use.

"Garage, Detached" means a detached Structure that is on the same Lot and incidental and subordinate to a Primary Building or Primary Use, has legal vehicular access from a public Right-of-Way, and is used and designed for the parking and storage of vehicles.

"Garage, Front Loading" means a Building designed and used for parking vehicles, that is accessed from the front of the Building via a public or private Right-of-Way.

"Garage, Rear Loading" means a Building designed and used for parking vehicles, that is accessed from the rear of the Building from a Private Street, Alley, or driveway.

"Good Cause" means providing positive benefits and mitigating negative impacts, determined on a case by case basis to include such things as: providing public amenities and benefits, resolving existing issues and non-conformities, addressing issues related to Density, promoting excellent and sustainable design, utilizing best planning and design practices, preserving the character of the neighborhood and of the City and furthering the health, safety, and welfare of the South Salt Lake community.

"Grade" means (a) the lowest point of elevation of the finished surface of the ground, paving, or sidewalk between the Building and the Property Line; or (b) when the Property Line is more than five (5) feet from the Building, between the Building and a line five (5) feet from the Building.

"Grooming Services (Pets)" means a commercial facility where domestic animals are bathed, clipped, or brushed for the purpose of enhancing their aesthetic value or health. Grooming Services (Pets) does not include any other defined Use in this Chapter.

"Group Home" an establishment that provides residence to individuals with prolonged care needs, is located in a residential area, maintains the residential character of the area, is properly licensed by the state and the City and provides an on-site caregiver for purposes of providing medical and physical assistance due to age and/or disability of the tenant(s). A Group Home does not include any other defined Use within this Chapter, or a treatment facility for persons who are actively abusing drugs.

"Guaranty" means a security to ensure completion of work other than public Landscaping and Infrastructure Improvements.

"Hard Surface" means a surface covered with concrete, brick, asphalt, or other Impervious Material.

"Haunted House" means a City licensed business that is advertised to the public as a Haunted House, and for a fee, patrons are directed through a Building, tent, or other similar Structure that contains Halloween related displays, acts, exhibits, live performances, or other attractions intended to entertain or amuse patrons. A Haunted House does not include a Sexually Oriented Business. A Haunted House does not include any other defined Use in this Chapter.

"Historic Building" means any Building listed in the National Register of Historic Places, the Utah State Register of Historic Sites, or designated as a Historic Building by the City Council.

"Historic and Landmark Commission" means the Planning Commission.

"Home Craft Production" means the production of items, materials, or wares, manufactured in a Dwelling or Accessory Structure that does not create an adverse impact on the surrounding neighborhood. Home Craft Production includes but is not limited to: laser engraving, etching and cutting, 3D printing, wood and metal work, jewelry making, textile arts, ceramics, light furniture assembly, and small Cottage Food Production in a Dwelling as defined by the state of Utah and subject to approval by the Salt Lake County Health Department.

"Home Occupation, Category I" means any business carried on entirely within a Dwelling by occupants of such Dwelling that is clearly incidental and secondary to the Residential Use of the Dwelling, has no outside impacts on the neighborhood in which it is located, and does not change the character of the Dwelling or the neighborhood in which it is located. Home Occupation, Category I does not involve any clients/customers going to the Dwelling.

"Home Occupation, Category II" means any business carried on entirely within a Dwelling by occupants of such Dwelling that is clearly incidental and secondary to the Residential Use of the Dwelling, has no outside impacts on the neighborhood in which it is located, and does not change the character of the Dwelling or the neighborhood in which it is located. Home Occupation, Category II includes clients/customers going to the Dwelling.

"Homeless Shelter" means a facility that is professionally designed, constructed, and managed to safely provide homeless individuals temporary overnight accommodation, on a site selected by and funded through the Utah Homeless Coordinating Committee, with the concurrence of the housing and community development division of the Department of Workforce Services. A Homeless Shelter is not Adult Day Care or Day Treatment and does not include any other defined Use within this Chapter.

"Horticulture/Produce Sales" means the commercial production of fruits, vegetables, flowers, nursery stock, or cultured sod.

"Hospital, Specialty" means a business, licensed by the state of Utah, that meets the state definitions for Rehabilitation, Long-Term Acute Care, Orthopedic, or Critical Access Specialty Hospitals. A Specialty Hospital does not include any other defined Use in this Chapter.

"Hotel" means a Building containing 15 or more sleeping rooms, each accessed from within the Building, for the occupancy of guests on a nightly basis for a fee. A Hotel does not include any other defined Use within this Chapter.

"Hotel, Extended-Stay" means a Building containing 15 or more sleeping rooms, each accessed from within the Building, for the occupancy of guests on a nightly basis for a fee that also contain kitchen facilities for food preparation including, but not limited to, refrigerators, stoves, and ovens. Extended Stay Hotel does not include any other defined Use within this Chapter.

"Impervious Surface" means concrete or asphalt.

"Improvement Completion Assurance" means a cash deposit, or other financially equivalent security to ensure the proper completion of public Landscaping or an Infrastructure Improvement required as a condition precedent to: (a) recording a Subdivision Plat; or (b) Development of a commercial, industrial, Mixed-Use, Condominium, or Multi-Family Dwelling project.

"Improvement Warranty" means an Applicant's unconditional warranty that the Applicant's installed and accepted Landscaping or Infrastructure Improvement: (a) complies with the municipality's written standards for design, materials, and workmanship; and (b) will not fail in any material respect, as a result of poor workmanship or materials, within the Improvement Warranty Period.

"Improvement Warranty Period" means a period: (a) no later than one year after the City's acceptance of required Landscaping; or (b) no later than one year after the City's acceptance of required infrastructure, unless the City: (i) determines for Good Cause that a one-year period would be inadequate to protect the public health, safety, and welfare; and (ii) has substantial evidence, on record: (A) of prior poor performance by the Applicant; or (B) that the area upon which the infrastructure will be constructed contains suspect soil and the City has not otherwise required the Applicant to mitigate the suspect soil.

"Impound and Tow Lot" means a Parcel of land or a Structure that is used for the temporary (less than 30 days) storage of motor vehicles awaiting insurance adjustment, transport to a repair shop, or to be claimed by titleholders or their agents. Impound and Tow Lot does not include the permanent storage of motor vehicles.

"Infrastructure Completion Agreement" means an agreement between the City and a property Owner to install improvements secured by a cash deposit or another financial-equivalent approved method, in an amount corresponding to the City's estimate to install required Landscaping and Infrastructure Improvements.

"Infrastructure Improvement" means permanent infrastructure that an Applicant must install: (a) pursuant to published installation and inspection specifications for Public Improvements; and (b) as a condition of: (i) recording a Subdivision Plat; or (ii) Development of a commercial, industrial, Mixed-Use, Condominium, or Multi-Family Dwelling project.

"Jail" means a state licensed facility for judicially required detention or incarceration of people, where inmates and detainees are under 24-hour supervision by professionals, except when on approved leave. A Jail does not include any other defined Use in this Chapter.

"Juvenile Detention Facility" means a state operated facility, for judicially required detention of delinquent juveniles. A Juvenile Detention Facility does not include any other defined Use in this Chapter.

"Landscaping" means the finishing and adornment of unpaved Yard areas. Landscaping includes any combination of living elements such as grass, trees, shrubs, and flowers, that are generally not considered to be weeds or noxious plants. Landscaping may also include rocks, water features, benches, Berms, or other similar structural features that create an attractive and pleasing environment.

"Landscape Plan" means a plan clearly and accurately depicting the proposed location, type, and size of new and existing trees, shrubs, and ground cover to be planted on the site and a complete water efficient irrigation system plan, pursuant to Chapter 17.06 of the Municipal Code.

"Landscaped Area" means the entire Lot or Parcel, less the Building footprint, driveways, non-irrigated portions of Parking Lots, hardscape (such as decks and patios), and other Impervious Surfaces. Water features are included in the meaning of Landscaped Area.

"Land Use Decision" means an administrative decision of a land use authority regarding: (a) a Land Use Permit; (b) an Application; or (c) the enforcement of a Land Use Regulation, Land Use Permit, or Development agreement.

"Land Use Decision, Final" means the written decision of the appeal authority regarding a Land Use Decision.

"Land Use Map" means the map adopted by the City Council identifying the location of all land use districts within the City.

"Land Use Matrix" means the table of land use categories and land use districts located within Chapter 17.03 of the Municipal Code.

"Land Use Permit" means a permit issued by the land use authority.

"Land Use Regulation" means an ordinance, law, map, resolution, specification, fee, or rule, in any provision of the South Salt Lake Municipal Code, that governs the Use or Development of land, including the adoption or amendment of a Land Use Map.

"Lattice Tower" means a self-supporting, multi-sided, open steel frame Structure used to support telecommunications equipment.

"Library" means a public, nonprofit Building constructed to house literary, musical, artistic, or reference materials. A Library does not include any other defined Use in this Chapter.

"Live Plant Material" means any combination of living elements such as turf grass, ornamental grass, shrubs, trees, and flowers that are generally not considered to be weeds or noxious plants.

"Lot" means a tract of land described as such in a recorded Subdivision Plat.

"Lot Area" means the total area contained within a Lot, typically expressed in square feet or acres.

"Lot, Corner" means a Lot situated on two (2) or more improved public or Private Streets, the interior angle of such intersection not exceeding 135 degrees (135°).

"Lot Depth" means the minimum distance measured from the Front Property Line to the Rear Property Line of the same Lot.

"Lot, Interior" means a Lot that fronts on a Street, other than a Corner Lot.

"Lot Line" means any line defining the boundaries of a Lot.

"Lot Line Adjustment" means a relocation of a Lot Line boundary between adjoining Lots or Parcels, whether or not the Lots are located in the same Subdivision, in accordance with UCA § 10-9a-608, with the consent of the Owners of record. A Lot Line Adjustment does not authorize the relocation of a boundary line that:

1.

Creates an additional Lot; or

2.

Constitutes a Subdivision.

"Lot, Through/Double Frontage" means an Interior Lot with Frontage on two (2) approximately parallel public or private Rights-of-Way, excluding an Alley.

"Low Power Radio Services Facility" means an unmanned Structure which consists of equipment used primarily for the transmission, reception, or transfer of voice or data through radio wave or wireless transmissions.

"Maintenance Facility, Vehicle/Transit" means any Building, premises, or land upon which a unit of government: (a) services or maintains motor vehicles or transit equipment; or (b) stores vehicles or equipment used for servicing off-site facilities or infrastructure. A Maintenance Facility, Vehicle/Transit Facility does not include any other defined Use in this Chapter.

"Manufactured Home" means a transportable, factory-built Dwelling Unit constructed on or after June 15, 1976, in one or more sections, which: (a) in the traveling mode, is eight feet or more in width or 40 feet or more in length, or when erected on site, is at least 400 square feet; and (b) is designed to be used as a Dwelling with a permanent foundation, connected to the required utilities, and includes the plumbing, heating, air conditioning, and electrical systems.

"Manufactured Home Park" means any area or tract of land used or designed to accommodate two (2) or more Manufactured or Mobile Homes, for Dwelling or sleeping purposes, regardless of whether a fee is paid for such accommodation.

"Manufacturing, Major" means the manufacturing, fabrication, processing, or assembly of materials in a raw form in a manner that creates greater than usual amounts of smoke, gas, odor, dust, sound, or other objectionable influences that might be obnoxious to persons conducting business on-site or on an adjacent site. Major Manufacturing does not include any business engaged in manufacturing, processing, or packaging alcohol, pharmaceutical drugs, any Cannabis, or tobacco products, or any other defined Use in this Chapter.

"Manufacturing, Minor" means any business engaged in research and development, manufacturing, processing, fabrication, packaging, or assembly of goods that do not create excessive amounts of smoke, gas, odor, dust, sound, or other objectionable influences that might be obnoxious to persons conducting business on site or on an adjacent site. Minor Manufacturing does not include any business engaged in manufacturing, processing, or packaging alcohol, pharmaceutical drugs, any Cannabis, or tobacco products, or any other defined Use in this Chapter.

"Massage Therapy" means a business, located within a licensed Medical Office, where state licensed massage therapists, physical therapists, medical doctors, or chiropractors, perform nonmedical and nonsurgical manipulative exercises on the muscle or tissue of the human body for other than cosmetic or beautifying purposes. Massage Therapy does not include Reiki or any other defined Use in this Chapter.

"Master Plan" means the Site Plan, elevations, and regulations approved by the City for a specific Master Planned Mixed-Use Development.

"Material, Primary" means any material that occupies at least 60 percent of the exterior Façade(s) of a Building or Structure.

"Material, Secondary" means any material that occupies no more than 20 percent of the exterior Façade(s) of a Building or Structure.

"Mixed-Use" and "Mixed-Use Development" means a Development project that includes a Residential Use combined with one or more of the following Uses: Retail, service, or office; that integrates critical massing of physical and functional components into a coherent plan that promotes walkability through uninterrupted pedestrian connections; and reduces traffic and parking impacts.

"Mobile Home" means a factory assembled structure or structures equipped with the necessary service connections and made so as to be readily movable as a unit or units on its (theirs) own running gear and designed to be used as a dwelling unit(s) without a permanent foundation. A modular home transported on wheels to its foundation shall be considered a Mobile Home.

"Monopole" means a single, self-supporting, cylindrical pole that acts as the support Structure for Antennae.

"Monopole, Major" means a Monopole with Antennae or Antenna support Structures, which exceed two feet (2') in width, but not more than 15 feet in width, and with a maximum vertical length of eight feet (8'), viewed from the same elevation as the Antennae and Antenna support Structure.

"Monopole, Minor" means a Monopole with Antennae and Antenna support Structures, which do not exceed two feet (2') in width and ten feet (10') in vertical length, viewed from the same elevation as the Antennae and Antenna support Structure.

"Motel" means a Building or series of Buildings in which temporary, over-night accommodation is offered for a fee, that provides direct independent access to, and adjoining parking for, each rental unit. A Motel does not include any other defined Use within this Chapter.

"Movie Studio/Sound Stage" means a Building primarily used for motion picture, television, video, sound, computer, and other communications media production, including the construction and use of indoor sets. A Movie Studio or Sound Stage does not include a Sexually Oriented Business or any other defined Use in this Chapter.

"Museum" means a Building or group of Buildings that house objects of cultural, historical, artistic, or scientific interest. A Museum does not include any other defined Use in this Chapter.

"Nature Center" means an establishment designed expressly for and used principally to educate and connect visitors with the natural environment. A Nature Center does not include any other defined Use in this Chapter.

"Noncomplying Structure" means a Structure that legally existed before its current land use designation and because of one or more subsequent Land Use Regulation changes, does not conform to Setback, height restrictions, or other regulations, excluding those regulations that govern the Use of land.

"Nonconforming Use" means a Use of land that: (a) legally existed before its current land use designation; (b) has been maintained continuously since the time the Land Use Regulations governing the land changed; and (c) because of one or more subsequent Land Use Regulations changes, does not conform to the regulations that now govern the Use of land.

"Non-Contributory Structure" means a Structure that is not contributing or is ineligible for registry to the Historic and Landmark District, as deemed by the Historic and Landmark Commission, or as a result of a historic survey by a certified architectural historian. Non-Contributory Structure status is typically due to the Structure not being built during the historic period (50 years or older), having major alterations or additions, and/or the Structure no longer retains historic integrity.

"Non-Depository Institution" means a business, other than a Financial Institution, that is registered by the state of Utah pursuant to the Check Cashing and Title Lending Registration Act. Included in Non-Depository Institutions:

1.

"Check Cashing Business" means a person or business that, for compensation, engages in cashing a check for consideration or extending a Deferred Deposit Loan. Check Cashing does not include depository institutions, as defined by the state of Utah, Financial Institutions, or a Retail seller engaged primarily in the business of selling goods or services to Retail buyers that cash checks or issue money orders for a minimum flat fee not exceeding one percent of the check or one dollar ($1.00) as a service fee that is incidental to its main purpose or business.

2.

"Payday Loan Business" means an establishment providing loans to individuals in exchange for personal checks or assignment of wages as collateral.

3.

"Title Loan Business" means an establishment providing short-term loans to individuals in exchange for the title of a motor vehicle, motor home, or other motor vehicle as collateral.

4.

"Deferred Deposit Loans" means a business that conducts transactions where a person presents to a check casher a check written on that person's account or provides written or electronic authorization to a check casher to affect a debit from that person's account using an electronic payment and the check casher provides the maker an amount of money that is equal to the face value of the check or the amount of the debit less any fee or interest charged for the transaction and agrees not to cash the check or process the debit until a specific date.

A Non-Depository Institution does not include any other defined Use in this Chapter.

"Nursery, Commercial" means a Business that grows and sells trees, shrubs, flowers, ground cover, and other similar plants. A Commercial Nursery also includes the sale of related products, including fertilizers, mulch, and landscape decoration. A Commercial Nursery does not include growing or selling federally controlled substances. A Commercial Nursery does not include any other defined Use in this Chapter.

"Nursing Home" means a long-term, intermediate care/nursing facility, licensed by the State of Utah, for the care of individuals who due to illness, advanced age, disability, or impairment require assistance and/or supervision on a 24 hour per day basis. A Nursing Home includes skilled nursing facilities, elderly care facilities, convalescent homes, and rest homes. A Nursing Home does not include any other defined Use within this Chapter.

"Occupiable Space" means an enclosed space in which individuals congregate for amusement, education, habitation, or similar purposes, or in which the occupants are engaged in labor.

"Office, Medical, Dental, Health Care" means a Building, or portion thereof containing, offices and facilities for providing medical, dental, or psychiatric services supervised by a licensed M.D./D.O., D.C., D.D.S./D.M.D., N.D./N.M.D., D.P.T., D.P.M., NP, PA, O.D, ACMHC, CMHC, AMFT, or LMFT for outpatients only. A Medical or Dental Health Care Office does not include overnight care of patients or any other defined Use in this Chapter.

"Office, Professional" means a Building or portion thereof that houses firms or organizations providing professional services to individuals and businesses, where a majority of client contact occurs at the office including advertising, accounting, architecture, law, insurance, real estate, investment, engineering, and computer services. A Professional Office does not include technical, medical, or dental offices or any other defined Use in this Chapter.

"Open Space, Common" means an area of land, including Landscaping, outdoor recreation areas, club houses, private roads, and sidewalks, within a Lot or Parcel that is commonly owned and used by the residents and guests of the Development.

"Open Space, Public" means an area of land or water that may be used by the public for passive or active recreation, conservation, Landscaped Areas, preserves of the natural environment, or scenic land.

"Open Space, Usable" means an area of land within a Lot or Parcel, that is intended to be used as outdoor space for the benefit of the Owners or tenants of a Development. Usable Open Space may include Landscaped Areas, shade structures, play equipment, play courts, landscaped plazas, Accessory Structures, and stormwater facilities that function as Usable Open Space. Usable Open Space does not include Setbacks, Buffers, Parking, driveways, or any privately-owned spaces.

"Overlay District" means an area designated on the Land Use Map, where certain additional requirements or Uses are added to a base zoning district.

"Owner" means the property owner of record.

"Owner Occupied Residential Development" means those Developments wherein each Dwelling Unit is Subdivided and recorded with a unique tax Parcel identification number.

"Parcel" means any real property that is not a Lot or Condominium.

"Parcel Boundary Adjustment" means a recorded agreement between the Owners of adjoining Parcels adjusting the mutual boundary, either by deed or by a boundary line agreement in accordance with UCA § 57-1-45, if no additional Parcel is created and:

1.

None of the property identified in the agreement is Subdivided Land; or

2.

The adjustment is to the boundaries of a single person's Parcels; and

3.

Does not mean an adjustment that:

a.

Creates an additional Parcel; or

b.

Constitutes a Subdivision.

"Park and Ride" means an off-Street Parking Lot or Parking Structure, owned and operated by Utah Transit Authority, the state, or South Salt Lake City, that is designed for parking automobiles, the occupants of which transfer to public transit to continue their travel. Park and Ride includes Accessory Structures necessary for the operation of public transit.

"Park Strip" means the Landscaped Area within a public Right-of-Way located between the back of the Street curb and the sidewalk, or, in the absence of a sidewalk, located between the back of the Street curb and the Property Line.

"Parking Area" means a public or private area, associated with a Building or Structure, that is designed and used for parking motor vehicles. Driveways, Garages, and Parking Lots are Parking Areas.

"Parking Lot" means an off-Street, paved area, used for parking more than four (4) automobiles at one time, that is available for public Use whether free, for compensation, or as an accommodation for clients or customers.

"Parking, Public" means a Parking Area designated for public use.

"Parking, Reciprocal Access" means an off-Street Parking Lot that services two or more commercial properties that share an unobstructed Property Line so that the Parking Areas are accessible to both properties.

"Parking, Shared" means the Development and Use of Parking Areas for joint Use by two (2) or more businesses or residents of adjacent properties.

"Parking Stall" means a designated spot within a Parking Area for parking one motor vehicle, that meets the dimensional requirements of this Title.

"Parking Structure" means a standalone, multi-level Structure designed and used for temporarily parking motor vehicles.

"Pawn Broker" means a person or business that engages in the following activities:

1.

Loans money on one or more deposits of personal property;

2.

Deals in the purchase, exchange, or possession of personal property on condition of selling the same property back again to the pledger or depositor;

3.

Loans or advances money on personal property by taking chattel mortgage security on the property and takes or receives the personal property into his possession, and who sells the unredeemed pledges;

4.

Deals in the purchase, exchange or sale of used or secondhand merchandise or personal property; or

5.

Engages in a licensed business enterprise as a Pawnshop.

"Pawnshop" means the physical location or premises where a Pawn Broker conducts business. A Pawnshop does not include any other defined Use in this Chapter.

"Permanent Supportive Housing" means long term, community-based housing that also provides supportive services for homeless persons with disabilities and enables special needs populations to live as independently as possible in a permanent setting. Permanent Supportive Housing does not include any other defined Use within this Chapter.

"Petitioner" means a person who petitions to (a) enact, amend, or repeal a Land Use Regulation; or (b) modify the General Plan.

"Pharmacy" means any place where a state licensed pharmacist (a) dispenses drugs, (b) provides pharmaceutical care, or (c) processes or handles drugs for eventual use by a patient. A Pharmacy does not include production of federally regulated substances, the sale of Cannabis or Cannabis related products or any other defined Use in this Chapter.

"Place of Worship" means a meetinghouse, church, temple, mosque, synagogue, or other permanent Structure used primarily for regular religious worship. A Place of Worship does not include any other defined Use in this Chapter.

"Plat" means a map or other geographic representation of land or land and Condominium units that a licensed land surveyor prepares in accordance with UCA § 10-9a-603.

"Plat, Final" means a Plat approved by the Planning Commission.

"Plat Amendment" means the combining of existing, properly subdivided Lots into one or more Lots or the amendment of recorded Final Plat notes or other recorded Final Plat elements.

"Porch" means a roofed area, open on three-sides, that is attached to and derives access from a Building.

"Portable Container" means a large, fully enclosed, durable, reusable receptacle that is typically prefabricated for the purpose of transporting or storing freight or other goods and not for human occupancy. Portable Container does not include a waste receptacle, dumpster, or similar container.

"Poultry, Urban" means the keeping of up to six (6) hens on a residential Lot or Parcel, by the Owner of such residential Lot or Parcel, for egg harvesting or companionship, and not for on-site slaughter.

"Precious Metal Recycling" means a business that purchases precious metals from the general public for recycling and refining. Precious Metal Recycling does not include Financial Institutions, a purchaser of precious metals who purchases from a seller seeking a trade-in or allowance, jewelry manufacturers, manufacturers of other items composed in whole or in part of gold, silver, or platinum, a purchaser of precious metals for his/her own use or ownership and not for resale or refining, or any other defined Use in this Chapter.

"Printing, Large Scale" means a business specializing in reproduction of written or graphic materials on a custom order basis for individuals or businesses. Large Scale Printing includes photocopy, blueprint, offset printing, publishing, binding, and engraving but does not include any other defined Use in this Chapter.

"Property Line" means a boundary line of a Parcel or Lot. See also Lot Line.

"Property Line, Corner" means a boundary of a Lot or Parcel that is approximately perpendicular to the Front Property Line and is directly adjacent to a public Right-of-Way, other than an Alley or railroad.

"Property Line, Front" means the boundary of a Lot or Parcel abutting a Right-of-Way, other than an Alley or lane, from which the required Setback or Build-to Standard is measured.

"Property Line, Rear" means the boundary of a Lot or Parcel that is approximately parallel to the Front Property Line. The Rear Property Line that separates Lots from one another or separates a Lot from an Alley.

"Property Line, Side" means the boundary of a Lot or Parcel that is approximately perpendicular to the Front and Rear Property Lines.

"Protective Housing Facility" means a facility operated, licensed, or contracted by a governmental entity, or operated by a charitable, nonprofit organization, limited to no more than twelve (12) occupants at any one time, that provides temporary, protective housing exclusively to:

1.

Abused or neglected children awaiting placement in foster care;

2.

Pregnant or parenting teens;

3.

Victims of sexual abuse; or

4.

Victims of domestic abuse.

A Protective Housing Facility does not include any other defined Use in this Chapter.

"Public Improvement" means any Structure, Street, curb, gutter, sidewalk, water or sewer line, storm sewer, public Landscaping, flood control facility, and other similar facility for which the City may ultimately assume responsibility, or which may affect a City improvement.

"Public Utility Easement" means the area on a recorded Plat, map, or other recorded document that is Dedicated to the use and installation of Public Utility Facilities or accessory equipment.

"Public Utility Facility" means any Structure or Building used by a public utility agency to (a) store, distribute, or generate electricity, gas, or telecommunications, and any related equipment, or (b) to capture, pump, or to otherwise engage in all aspects of treating and distributing water or effluent. A Public Utility Facility does not include storage or treatment of solid or hazardous waste or any other defined Use in this Chapter.

"Recording Studio" means a Building, or portion thereof, used by a Business primarily engaged in producing music, publishing music, or other sound recording services. This may also include space for music rehearsal; however, no rehearsal shall be advertised as a live performance or performed in front of an audience not engaged in producing, publishing, or recording such music. A Recording Studio Use does not include any other defined Use in this Chapter.

"Recreation Center" means an establishment that provides a variety of recreation and fitness activities including activities within a Structure as well as incidental and subordinate outdoor recreational activities on the same Lot. A Recreation Center does not include any other defined Use in this Chapter.

"Recreational Vehicle" means a vehicular unit 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.

"Recycling Collection/Drop-Off Facility" means a facility, entirely contained within a Building, that collects recyclable materials for transport to a separate location for processing and recovery. Recyclable materials include glass, plastic, paper, cloth, and other materials collected for recovery and re-use. This definition does not include two (2) or fewer: a) newspaper recycling bins; b) other similar self-service recycling bins that are not staffed by on-site employees; or any other defined Use in this Chapter.

"Rehabilitation Center" means a facility licensed by the state to provide temporary occupancy and supervision of adults or juveniles to deliver rehabilitation, treatment, or counseling services that are overseen by a state licensed practitioner Rehabilitation Centers provide services related to delinquent behavior, alcohol and drug abuse, conditions resulting from alcohol or drug abuse, sex offenses, sexual abuse, or mental health. A Rehabilitation Center does not include any other defined Use within this Chapter.

"Residential Density" means the average number of Dwelling Units allowed per acre of land in a particular Development.

"Restaurant" means a business in which food is prepared and sold for consumption on the premises. A Restaurant does not include any other defined Use in this Chapter.

"Retail" means the sale of goods or services directly to the consumer, that generates point-of-sale sales tax revenues for South Salt Lake City. Retail does not include "Auto Body Repair", "Automotive Restoration" "Automotive Service and Repair", "Automotive Service Station (Non-Mechanical)", or any other defined Use in this Chapter.

"Retail, Accessory" means a business engaged in the selling or rental of goods and/or merchandise. An Accessory Retail business has a maximum area of 1,000 square feet and is subordinate and incidental to a Primary Use that is other than Retail.

"Retail, General" means a business, that occupies a Building greater than 60,000 square feet, that provides goods, including tobacco products and/or alcohol to other businesses in wholesale trade or directly to the consumer. General Retail includes membership warehouse clubs. General Retail does not include "Auto Body Repair", "Automotive Restoration" "Automotive Service and Repair", "Automotive Service Station (Non-Mechanical)", or any other defined Use in this Chapter.

"Retail, Neighborhood" means a neighborhood-Scale Retail establishment, that occupies a Building, or portion thereof, less than 60,000 square feet, engaged in the selling of goods or merchandise, excluding alcohol or tobacco products, to other businesses in wholesale trade or directly to the consumer. Tobacco sales are not permitted in Neighborhood Retail. No Alcohol sales are permitted in Neighborhood Retail except for Off-Premise Beer Alcoholic Beverage sales when exclusively located in Retail space on the ground-floor of a Multi-Family Dwelling Development.

Neighborhood Retail does not include "Auto Body Repair", "Automotive Restoration" "Automotive Service and Repair", "Automotive Service Station (Non-Mechanical)" or any other defined Use in this Chapter.

"Retention Area" means a pond, pool, or basin used for the permanent storage of water runoff.

"Right-of-Way" means a strip of land acquired by reservation, Dedication, prescription, easement, or condemnation that is intended to be occupied by a Street, trail, sidewalk, Park Strip, crosswalk, railroad, electric transmission lines, oil or gas pipeline, water line, sanitary storm sewer, or other similar uses.

"Roof-Mounted Antenna" means an Antenna or series of individual Antennae mounted on a roof, mechanical room, or penthouse of a Building.

"Scale" means the size of a Building, Structure, Street, sign, or other element compared to the proposed and the existing built environment.

"Screening" means a method of visually shielding or Buffering one abutting or nearby Structure or Use from another by fencing, walls, Berms, or densely planted vegetation.

"Secondhand Merchandise Dealer" means an Owner or operator of a business, that occupies no less than 3,000 square feet, and that: (a) deals in the purchase, exchange, or sale of used or secondhand merchandise or personal property; and (b) is not a Pawn Broker. Secondhand Merchandise Dealer does not include:

1.

The Owner or operator of an antique shop;

2.

Any class of businesses exempt by administrative rule under Section 13-32a-112.5 (Utah Code Ann.) or its successor;

3.

Any person or entity who operates an Auction House, flea market, or vehicle, vessel, and outboard motor dealer as defined in Section 41-1a-102 (Utah Code Ann.) or its successor;

4.

The sale of secondhand goods at events commonly known as "garage sales", "yard sales", or "estate sales";

5.

The sale or receipt of secondhand books, magazines, or post cards;

6.

The sale or receipt of used merchandise donated to recognized nonprofit, religious, or charitable organizations or any school-sponsored association, and for which no compensation is paid;

7.

The sale or receipt of secondhand clothing and shoes;

8.

Any person offering his own personal property for sale, purchase, consignment, or trade via the Internet;

9.

Any person or entity offering the personal property of others for sale, purchase, consignment, or trade via the Internet, when that person or entity does not have, and is not required to have, a local business or occupational license or other authorization for this activity;

10.

Any Owner or operator of a Retail business that contracts with other persons or entities to offer those persons' secondhand goods for sale, purchase, consignment, or trade via the Internet;

11.

Any dealer as defined in Section 76-6-1402 (Utah Code Ann.) or its successor, which concerns scrap metal and secondary metals; or

12.

The purchase of items in bulk that are:

a.

Sold at wholesale in bulk packaging;

b.

Sold by a person licensed to conduct business in Utah; and

c.

Regularly sold in bulk quantities as a recognized form of sale.

"Setback" means the minimum allowable distance between a Structure and the closest Property Line, edge of curb, or platted public or private Right-of-Way.

"Sexually Oriented Business" means any business defined as such in Chapter 5.01 of the Municipal Code.

"Short-Term Rental (STR)" means a residential unit or any portion of a residential unit that the Owner of record or the lessee of the residential unit offers for occupancy for fewer than 30 consecutive days and is: an Owner-Occupied Duplex; an Owner-Occupied Rental Property; or in a property owned by a Primary Resident who resides in South Salt Lake.

"Sign" means any advertising message, announcement, declaration, demonstration, display, illustration, insignia, surface, or space erected or maintained in view of the observer thereof for identification, advertisement, or promotion of the interests of any person, entity, product, or service. A Sign shall also include the structure, supports, lighting system, and any attachments, ornaments, or other features used to draw the attention of observers. A Sign does not include a flag, badge, or ensign of any government or governmental agency erected for and used to identify said government or governmental agency.

"Sign, Abandoned/Non-Maintained" means any of the following:

1.

A Sign that no longer identifies or advertises a current, Active Business located on the property on which the Sign is situated;

2.

A Sign for which no legal Owner can be found;

3.

Signs for which required licenses have not been maintained for at least one year;

4.

A Sign in poor condition displaying peeling paint, rust, and or other evidence of neglect; or

5.

Signs considered abandoned or non-maintained as defined by the state of Utah.

"Sign, Animated" means any Sign that uses movement or change of lighting to depict action or to create a special effect or scene (compare with "Flashing Sign").

"Sign Area" means the total area of any Sign, excluding the minimum frame and supports.

"Sign, Attached" means any Sign that is fastened, attached, connected, or supported in whole or in part to a Building or Building component and includes, but is not limited to, the following:

1.

Awning Signs;

2.

Canopy Signs;

3.

Extended Signs;

4.

Flat Signs;

5.

Marquee Signs;

6.

Roof Signs (allowed only as a special exception);

7.

Window Signs; and

8.

Painted Wall Signs (allowed only as a special exception).

"Sign, Detached" means any Sign not attached to a Building or Building component and supported permanently upon the ground by poles or braces. A Detached Sign may consist of more than one Sign panel, provided all such Sign panels are attached to one common integrated Sign structure. The total area of all such panels may not exceed the maximum allowable Sign Area specified for the location for Detached Signs. Detached Signs include but are not limited to:

1.

Pole Signs;

2.

Ground Signs; and

3.

Low-profile Signs.

"Sign, Directional (Off-Premise)" means a Sign containing no more than a logo, a name, and directions to the institution or business and is located not located on the same property as the institution or business is located.

"Sign, Incidental" means a small Sign, emblem, or decal informing the public of goods, facilities, or services available on the premises. Examples of Incidental Signs include: a credit card Sign, a Sign indicating hours of business, or residential Signs that are limited and temporary in nature such as "Welcome Home" or "It's a Boy!"

"Sign, Nonconforming" means a Sign or a Sign Structure or portion thereof lawfully existing at the time this Title became effective that does not conform to all height, location, placement, construction standards, area, and Yard regulations prescribed in this Title and in the district in which it is located.

"Sign, Roof" means a Sign erected partly or wholly on or over the roof of a Structure, including Detached Signs that rest on or overlap 12 inches or more.

"Sign, Temporary" means and includes any sign, with or without frames, intended to be displayed out of doors for a short period of time and shall be limited to the following:

1.

A banner, pennant, valance or advertising display constructed of paper, cloth, canvas, light fabric, cardboard, wall board or other light materials;

2.

Balloons;

3.

Festoons; and

4.

Any Sign not permanently attached to a support or Building as required by this Title.

"Sign, Wall (painted)" means a Sign that is painted on a wall or is painted without a frame or separation from the wall or facing so that it appears to be painted on a wall.

"Sign, Window" means a Sign that is attached to or painted on a window or door or is located within a Building and is visible from the exterior of the Building through a window or door.

"Significant Vegetation" means any large tree of six-inch (6") caliper or greater, grove of five (5) or more smaller trees each of less than six-inch (6") caliper, or clump of oak or maple trees covering an Area of 50 square feet as measured to their canopy driplines.

"Site Plan" means a plan that outlines the Use and Development of any tract of land within South Salt Lake City for the purposes of determining compliance with this Code.

"Slaughterhouse/Animal Processing " means any facility where livestock or poultry are slaughtered and prepared for distribution to butcher shops, processing facilities, or Retail sales establishments such as grocery stores. A Slaughterhouse is entirely enclosed with a Building and may include packing, treating, storage, on-site sale of animal by-products, or tanning of animal skins and hides, but does not include any other defined Use in this Chapter.

"Solar Energy System" means an energy system that converts solar energy to usable thermal, mechanical, chemical, or electrical energy to meet a Structure's energy demands. A Solar Energy System includes systems that are integrated into a Building or Structure, as well as those that are mounted outside of a Building or Structure.

"Specialty Recreational Installation" means a Structure dedicated to the support of one or more outdoor recreational pursuits. Specialty Recreational Installation is limited to a pavilion, bicycle-share/rental Structure, active nature-play Structure, animal or ecosystem observation Structure, amphitheater and built trail improvement. Specialty Recreational Installation does not include any Structure dedicated to the support of camping or overnight recreational pursuits.

"Storage, Outdoor" means the keeping of any components, products, debris, materials, merchandise, equipment, vehicles, or trailers in any unenclosed area outside of a Structure on a subject parcel. Outdoor Storage must be screened from public view.

"Storage Facility, Indoor Climate Controlled" means a Building used to provide separate, indoor climate controlled storage areas for individuals or businesses that is designed for direct, private access by the tenant to each unit from an enclosed corridor.

"Storage Facility, Outdoor" means an outdoor equipment yard, depository, stockpiling or storage of materials and products, or contractor's yard. Outdoor Storage Facilities include the storage of items used for non-Retail or industrial trade, merchandise inventory, or bulk materials such as sand, gravel, and other building materials. Storage Facility, Outdoor does not include the outdoor storage of motor vehicles. Storage Facility, Outdoor does not include a business that is designed for direct, private access by the tenant to each unit or any other defined Use in this Chapter.

"Storage Facility, Warehouse" means a Building that is primarily used for the indoor storage of goods and merchandise and includes a distribution facility. A Storage Warehouse does not include outdoor storage of any kind or any other defined Use in this Chapter.

"Story" means the vertical measurement between floors taken from finish floor to finish floor. For the top Story, the vertical measurement is taken from the top finish floor to the top of the wall Plate of the roof.

"Street" means any improved public Right-of-Way for vehicular traffic or any private Right-of-Way Dedicated and improved to City standards that provides Access to property.

"Street, Arterial" means a Street designated in the Master Streets Plan as a controlled-access highway or major Street parkway.

"Street, Cul-de-Sac" and "Cul-de-Sac" means a minor terminal (dead end) Street with a turn-around.

"Street, Freeway" means a Street with fully controlled access designed to link major destination points.

"Street, Local" means a Street that is designated as such in the Master Streets Plan.

"Street, Major Collector" means a Street that is designated as such in the Master Streets Plan.

"Street, Minor Collector" means a Street, that is designated as such in the Master Streets Plan.

"Street, Private" means a Right-of-Way that has been improved to City standards and Dedicated by a recorded Plat as a private access, with the right of public use, to serve specific property.

"Street, Public" means a Right-of-Way that has been Dedicated to the City by Plat, or that the City has acquired by prescriptive right, deed, or other form of legal Dedication.

"Streetscape" means the visual elements of a Street, including paving materials, adjacent space on both sides of the Street, Landscaping, retaining walls, sidewalks, Building Façades, lighting, medians, Street furniture, and signs that, in combination, form the Street's character.

"Structure" means anything constructed or erected that is permanently affixed to the ground in any manner. A Structure includes a Building.

"Structure, Accessory" means a Structure that:

(1)

Is clearly incidental and subordinate to a Primary Building located on the same Lot or Parcel;

(2)

Is operated and maintained under the same ownership as Primary Building and the Primary Use;

(3)

Houses an Accessory Use only;

(4)

Contains no living space;

(5)

Is not attached to a Primary Building; and

(6)

Is at least 200 square feet. Accessory Structures include garages and sheds.

"Structure, Primary" means a Structure that houses the Primary Use associated with the Lot or Parcel.

"Structure, Temporary" means any physical space that is constructed without a foundation or footings, or that contains a hitch, wheels, or trailer base, and can be removed from a location when the designated time period, activity, or Use for which the Structure was erected ceases.

"Subdivided Land" means the land, tract, or Lot described in a properly recorded Subdivision Plat.

"Subdivision" means any land that is divided, re-subdivided, or proposed to be divided into one or more Lots, Parcels, sites, units, plots, or other division of land for the purpose—whether immediate or future—for sale, lease, or Development. A Subdivision includes the division or Development of residential or non-residential zoned land by deed, metes and bounds description, devise and testacy, map, Plat, or other recorded instrument.

"Tailoring Shop" means a business that primarily engages in clothing alteration, clothing repair, and made-to measure clothing or other garments. A Tailoring Shop does not include any other defined Use in this Chapter.

"Tattoo Shop/Parlor" means any location, place, area, Structure, or business used for the practice of tattooing or the instruction of tattooing. Tattoo Shop/Parlor does not include businesses that primarily engages in permanent cosmetics application to restore eyebrows or enhance lips or eyelines or any other defined Use in this Chapter.

"Theater, Live Performance" means an establishment for the performance of dramatic, dance, music, or other live performances with fixed seating for audiences. Live Performance Theaters do not include Sexually Oriented Businesses or Movie Theaters or any other defined Use in this Chapter.

"Theater, Movie" means a Building, or portion thereof, devoted to showing motion pictures for a fee. A Movie Theater does not include any other defined Use in this Chapter.

"Tobacco Shop" means a tobacco retailer whose business involves the sale of tobacco products and includes the incidental and subordinate sale of related tobacco products. A tobacco shop also includes an incidental and subordinate social/lounge room for smoking on the premises. A Tobacco Shop does not include "Tobacco Specialty Retail" or any other defined Use in this Chapter.

"Tobacco Specialty Retail" means a commercial establishment in which:

1.

Sales of tobacco products, Electronic Cigarette Products, and nicotine products account for more than thirty-five (35) percent of the total quarterly gross receipts for the establishment;

2.

Twenty (20) percent or more of the public retail floor space is allocated to the offer, display, or storage of tobacco products, Electronic Cigarette Products, or nicotine products;

3.

Twenty (20) percent or more of the total shelf space is allocated to the offer, display, or storage of tobacco products, Electronic Cigarette Products, or nicotine products;

a.

The commercial establishment holds itself out as a retail tobacco specialty business; and

b.

Causes a reasonable person to believe the commercial establishment is a retail tobacco specialty business;

4.

Any flavored Electronic Cigarette Product is sold; or

5.

The retail space features a self-service display (as that term is defined in UCA Section 76-10-105.1, or any amendment thereto) for tobacco products, Electronic Cigarette Products, or nicotine products.

"Trailer" means any object designed to be towed or pulled behind a vehicle, and designed to travel along the ground by use of wheels, treads, runners, or slides. "Trailer" includes semi-trailers.

"Transitional Housing" means a facility that provides free temporary housing to homeless persons for at least thirty (30) days while they obtain work, job skills, or otherwise take steps to stabilize their circumstances. A Transitional Housing facility does not include any other defined Use within this Chapter.

"Transitional Care and Rehabilitation" means a facility that provides mental health services or drug rehabilitation and treatment to homeless persons. Transitional Care and Rehabilitation does not include any other defined Use within this Chapter.

"Turf Grass" means a variety of grasses—such as Kentucky bluegrass or perennial rye grass—grown to form turf, or lawn, as opposed to tufted ornamental grass.

"Upholstery Shop" means a business that repairs and replaces upholstery for household and office furnishings. Upholstery Shop does not include motor vehicle upholstering or repair or any other defined Use in this Chapter.

"Use" means the purpose or purposes for which land or Structures are approved, occupied, maintained, arranged, designed, or intended.

"Use, Accessory" or "Accessory" means a subordinate and incidental Use located upon the same Lot, and in the same zoning district, as the Primary Use or Building.

"Use, Conditional" means a Use that, because of its unique characteristics or potential impact on the City, surrounding neighbors, or adjacent Uses, may not be Compatible in some areas or may be Compatible only if certain conditions are required that mitigate or eliminate the detrimental impacts.

"Use, Intensity of" means the maximum number of residential units, commercial patrons, or industrial space within a specified land Area designated for that purpose.

"Use, Primary" means the principal Permitted Use established on a Lot or Parcel.

"Use, Residential" means any Use that is primarily residential in nature, but where the Primary Use is human habitation. Residential Use includes occupancy of a Dwelling as living quarters and all Accessory Uses but does not include Temporary Structures or unaffixed shelter such as tents, containers, railroad cars, vehicles, trailers, or similar units. A Residential Use does not include any other defined Use in this Chapter.

"Use, Temporary" means a seasonal business, licensed by the City, that engages in the temporary sale of goods, wares, or merchandise from a tent, vending cart, or other area on property owned or leased by the person, firm, or corporation, such as: firework or Christmas tree stands. Temporary Uses are incidental and subordinate to the Primary Use or Structure existing on the property, and not incompatible with the intent of the district.

"Variance" means a modification of a zoning requirement made necessary because some unique aspect of a parcel makes the requirement burdensome or unfair.

"Wall-Mounted Antenna" means an Antenna or series of Antennae mounted to the Façade of a Building or a chimney.

"Whip Antenna" means an Antenna that is cylindrical in shape. Whip Antennae can be directional or omnidirectional and vary in size depending upon the frequency and gain for which they are designed.

"Yard" means the portion of a Lot between a Lot Line and its nearest Setback line.

"Yard, Corner Side" means the Yard space adjacent to a Street that extends from the Front Yard Setback line and the Rear Property Line and between the Corner Side Setback line and the Street Property Line.

"Yard, Front" means the area that includes the full width of the Lot or Parcel extending from the Main Building to any Lot Line abutting a Street, or private right of access. On a vacant Lot or Parcel, the area that includes the full width of the Lot from the depth of the minimum Setback to any Lot Line abutting any Street. A Corner Lot or a Double Frontage Lot has two Front Yards.

"Yard, Rear" means the Yard extending across the full width of the Lot between the Rear Lot Line and the Nearest line or point of the Building. The Rear Yard is that portion of the Yard opposite the Front Yard.

"Yard, Side" means the Yard extending from the Front Yard to the Rear Yard between the Side Lot Line and the nearest line or point of the Building.

(Ord. No. 2021-06, § I, 5-26-2021; Ord. No. 2022-08, § I(Exh. A), 4-13-2022; Ord. No. 2022-12, § I(Exh. A), 5-25-2022; Ord. No. 2022-15, § 1(Exh. A), 8-24-2022; Ord. No. 2024-01, § I(Exh. A), 2-7-2024; Ord. No. 2024-26, § 1(Exh. A), 9-25-2024; Ord. No. 2024-28, § II (Exh. B, § I), 12-11-2024; Ord. No. 2025-05, § 1(Exh. A), 3-12-2025; Ord. No. 2025-10, § 1(Exh. A), 4-23-2025)