For the purposes of this title, certain words and terms shall be defined as herein provided. When not inconsistent with the text, words used in the present tense include the future, words in the singular number include the plural, and words in the plural include the singular. The words "shall" and "must" are mandatory, and the word "may" is permissive. Words that are not defined herein but are defined in the state construction code, shall have the meaning as defined within said state construction code. Words that are not defined herein but which are defined in any other ordinance adopted by the Town shall have the meaning as defined within said ordinance. Words that are not defined herein but are defined under the Utah Municipal Land Use, Development, and Management Act shall have the meaning as defined within said act.

The following definitions are hereby adopted for the purposes of this title, and the regulatory statements included therein are a part of this title:

Ab initio: From the beginning.

Abandonment: A use, building or structure shall be deemed abandoned if said use has not applied to the premises for any period of 12 consecutive months.

Abutting: Land having a common property line or zoning district line or separated only by a private street, alley or easement.

Accessory, accessory use or accessory structure: A use or structure subordinate to the principal use or structure on the same lot or parcel of land and serving a purpose customarily incidental to the use of the principal building or use. Where an accessory building has a wall or a portion of a wall not less than four feet in length in common with the main building, such accessory building shall be considered a part of the main building.

Adjacent property: That property within 300 feet of any property line or boundary of the lot in question.

Administrative, professional or medical offices: A room, set of rooms, or building where the business of a commercial or medical organization or of a professional person is conducted. Examples include offices of accountants, architects, chiropractors, dentists, engineers, insurance or financial brokers, lawyers, naturopaths, osteopaths, physicians, real estate agents, and surveyors.

Agent or owner: Any person who can show written proof that such person is acting for the property owner.

Agricultural industry or business: An industry or business involving agricultural products in manufacturing, packaging, treatment, sales or storage, including, but not limited to, food packaging or processing facilities and similar uses as determined by the Planning Commission.

Agriculture: The tilling of the soil, the raising of crops, horticulture and gardening, but not including the keeping or raising of domestic animals or fowl, except household pets, and not including any agricultural industry or business such as fruit packing plants, vegetable or fruit stands or similar uses.

Aircraft: A machine which is capable of sustaining flight through the air, including airplanes, helicopters and unmanned or remotely controlled flying machines.

Airport: A tract of level land designed or used as a place where aircraft can take off and land, which is usually equipped with hard surfaced landing strips, a control tower, hangars, accommodations for passengers and cargo, and facilities for repair, fueling, etc.

Alley or lane: A public or private way affording only secondary means of access to abutting property.

Amusement park: A commercial establishment that features rides, mechanical attractions, roller coasters or other similar forms of entertainment.

Apartment: A dwelling unit in a multi-family building.

Apartment building: A building or portion thereof arranged, designed for and/or occupied as a nontransient residence which contains multi-family dwelling units. This shall not be deemed to include motels, hotels or other buildings used or intended to be used for the accommodation of transient automobile travelers or other transient guests.

Appurtenance: Accessory equipment that is considered incidental to the principal property, such as utility and water meters, connection equipment or junction boxes.

Arcade or coin operated amusement video game center: Any business establishment containing greater than three coin-operated amusement, electronic or video machines or games.

Artist studio: A building, or portion thereof, dedicated to the production of original art by the artist, but not mass production, manufacture or assembly.

Automobile repair, major: General repair, rebuilding or reconditioning of engines, motor vehicles or trailers, collision service, including body, frame or fender straightening or repair, overall painting or paint shop.

Automobile service station or filling station: A place where gasoline or any other motor fuel or lubricating oil or grease for operating motor vehicles is offered for sale to the public and deliveries are made directly into motor vehicles, and where services performed may include tube and tire repair, battery charging, storage of merchandise, lubricating of automobiles, replacement of spark plugs, lights, fans, and other small parts, but not including washing services when conveyor, blower or steam cleaning devices are involved, nor including major auto repair.

Bakeries, retail: A place where products such as bread, cake, and pastries are baked and sold.

Barber and beauty shops: An establishment providing services that include hair cutting and treatment, manicures, and facials.

Basement: A story whose floor is more than 12 inches below the adjoining ground, and where no more than one-half of its floor to ceiling height is above the adjoining ground.

Bed and breakfast: A residential style structure used as a transient lodging facility and located in a commercial zone (or in a residential zone as a nonconforming use). The host, either the owner or a full-time manager, lives on-site and acts as the primary service provider for the facility. Bed and breakfasts offer guests private guestrooms and shred living, dining, and recreational areas in a residential style structure. A bed and breakfast does not qualify as a "home occupation".

Bicycle shop: A business specializing in the rental, sales, and service of bicycles and bicycle related equipment and goods.

Blueprint and photocopy services: A business specializing in the printing and reproduction of paper documents, but which may also offer related business services such as computer service, packaging and shipping service, etc.

Bowling alley: A facility which offers more than two lanes of bowling.

Building: Any structure having a roof and columns or walls, used or intended to be used for the shelter or enclosure of persons, animals or property. "Building" shall not include any form of vehicle, even though immobilized. Where this title (or where special authority granted pursuant to this title), requires that a use shall be entirely enclosed within a building, this definition shall be qualified by adding "and enclosed on all sides".

Building frontage: The linear width of that side of a building which contains the main entrance for pedestrian ingress and egress. If more than one main entrance exists, the side of a building that more nearly faces or is oriented to the street of highest classification as portrayed on the official street map shall be considered the building frontage. If all streets are of the same classification, the building frontage is the linear width of the side of the building with the smallest linear dimension.

Building height: Building height shall be determined as set forth in chapter 15A of this title.

Building line: A line parallel to the front line and the street lot line, and at a distance therefrom equal to the required depths of front and street side yards, and extending across the full widths of these yards.

Building, main: A building in which is conducted the principal use of the building site on which it is situated. In any residential district, any dwelling shall be deemed to be a main building on the building site on which the same is located.

Campground: An area improved and used for camping on an ongoing basis.

Camping: A temporary establishment of living facilities such as tents, yurts, or recreational coaches as regulated by this title. This definition includes any overnight occupancy of any structure or facility of any kind with the exception of an approved dwelling unit or transient lodging unit which has been issued a certificate of occupancy.

Caretaker: A person employed by the owner of a private, residential dwelling to reside within the home or within a building accessory thereto and to primarily provide maintenance, custodial, healthcare or security services. A person shall not be deemed a caretaker within the meaning of this title who shall possess any interest, whether legal or beneficial, in the dwelling, or who shall give consideration, excluding caretaker services, to the owner of said dwelling for the privilege of residing therein.

Caretaker unit: A room or rooms within or annexed to a larger dwelling, used or intended to house a "caretaker", as defined in this section, and certified to be used as such by the owner or owners of the dwelling upon a form supplied by the Town and certifying that the caretaker unit is to be occupied only by a "caretaker", as defined in this section.

Carport: A private garage not completely enclosed by walls or doors. For purposes of this title, a carport shall be subject to all of the regulations prescribed in this title for a private garage.

Cemetery: Land used or intended to be used for the burial of the dead, and dedicated for such purposes, including columbaria when operated in conjunction with and within the boundaries of such premises.

Centerline of street: That line designated as such in any street in the Town Engineer's records, or so designated by the Town Engineer.

Church: A building, together with its accessory buildings and uses, maintained and controlled by a duly recognized religious organization where persons regularly assemble for worship.

Circus or carnival: A traveling amusement show which typically includes mechanized rides and/or performing animals.

Clinic, dental or medical: A building in which a group of dentists, physicians and allied professional assistants are associated for the conduct of their profession. The clinic may include a dental and/or medical laboratory and pharmacy, but it shall not include inpatient care or operating rooms for major surgery.

Club, social: Any organization, group or association supported by its members where the primary purpose is to render a service to said members and their guests.

Clubs, lounges, and bars: Establishments that serve alcoholic beverages to customers for on site consumption and are not classified as restaurants or microbreweries.

Condominium project: A real estate plan or project whereby two or more units, whether contained in an existing or proposed building or buildings, are separately offered or proposed to be offered for sale. "Condominium project" shall also mean the property when the context so requires. The owner or developer of any condominium project or "time period unit project", as defined in this section, shall comply with the Utah Condominium Ownership Act, U.C.A. Title 57, Chapter 8, hereby incorporated within and made a part of this title by reference. Such owner or developer shall also comply with all pertinent provisions of this title.

Convenience stores: A retail store that carries a limited selection of basic items, such as packaged foods and drugstore items, and is open long hours for the convenience of shoppers.

Conversion: Alteration of the use of an existing structure while retaining without substantial alteration the exterior portion of the structure. A change of the architectural style or scale of the structure shall be deemed to be a substantial alteration.

Corral: An enclosed space, other than a building, less than one acre in area, or less than 100 feet in width, used for the confinement of farm animals.

Council: The Springdale Town Council.

County: County of Washington, State of Utah.

Court: An open, unoccupied and unobstructed space, other than a yard, on the same lot with a building or group of buildings, and which is bounded on two sides by such building or buildings.

Coverage: The total area, expressed as a percentage of lot area, which is the result of adding together the footprints of all buildings and structures on a lot or parcel of land, as projected to the ground, exclusive of eaves, exterior decks, landings and stairways; and all paved or graveled areas or areas of ground covered by impervious materials on the same lot or parcel or site. In determining such paved and impervious areas, the following shall be excluded:

A.

Four hundred square feet of any driveway, except for portions thereof which serve as required parking space or which occupy a required side yard; and

B.

Sixty square feet of walkway in the front yard on building sites which are 50 feet or more in width.

Cut: Land surface which is reshaped by man or machine through the removal of soil, rock or other materials.

Daycare or nursery school: Any commercial premises used for the care of four or more children who are not related within the second degree to the operator of said premises.

Delicatessen: An establishment that sells precooked or prepared foods which are typically kept refrigerated but otherwise ready for serving, such as meats, cheeses, prepared salads and pastas and which does not provide seating or dining facilities on the same premises. A "restaurant" may be associated with a "delicatessen", but is a distinctly different type of establishment.

Density: The number of acres required for each residential dwelling which, therefore, determines the number of residential dwellings permitted in a total area of property.

Developer: The person, persons, corporation, firm or partnership responsible for the development of land, structures or the use of land.

Development: The carrying out of any building activity or clearing of land as an adjunct of construction.

Development parcel: Any quantity of land capable of being described with such particularity that its location and boundaries may be established, which is designated by its owner or developer as land to be used or developed as a unit or which has been used or developed as a unit.

Director of Community Development: The Director of Community Development (DCD) shall be an appointed official of the Town of Springdale. Said individual shall have all duties as authorized by this title, and such duties as may be from time to time authorized by the Town Council. The Director of Community Development may also be referred to herein as the "DCD".

Disability: Has the meaning provided under U.C.A. § 57-21-2(10)(a). Disability does not include current illegal use of, or addiction to, any federally controlled substance, as defined in Section 102 of the Controlled Substances Act, 21 U.S.C. § 802.

Disabled person: A person who has a severe, chronic disability attributable to a mental or physical impairment or to a combination of mental and physical impairments which is likely to continue indefinitely and which results in a substantial functional limitation in three or more of the following areas of major life activity: self-care, receptive and expressive language, learning, mobility, self-direction, capacity for independent living or economic self-sufficiency; and who requires a combination or sequence of special interdisciplinary or generic care, treatment or other services that are individually planned and coordinated to allow the person to function in, and contribute to, a residential neighborhood.

District or zone: A portion of the territory of the Town within which certain uses of land and buildings are permitted or prohibited and within which certain yards, and other open spaces are required, and within which certain off street parking and landscaped areas are required and certain uniform height regulations are established for buildings and structures, all as set forth and specified in this title.

Drive or driveway: A private roadway, the use of which is limited to persons residing, employed or otherwise using or visiting the private property on which the driveway is located, or to which the driveway extends.

Drive-through, drive-up, or drive-in facilities: Any improvement in a building or structure designed to provide goods or services to people while they are seated in a vehicle.

Driving range with floodlights: An illuminated area for practicing golf shots.

Dwelling: Any building or portion thereof designed or used for residential occupancy, including single-family, two-family, multiple-family and apartment structures; but shall not include boarding, rooming or lodging houses, hotels, motels, tents, trailers, mobile home parks, motor courts or similar structures designed or used primarily for transient residential uses.

Dwelling, apartment: See definition of "apartment".

Dwelling, dormitory: A building or portion thereof containing up to ten rooms, arranged, designed for and/or occupied as nontransient sleeping quarters for ten or more individuals and having one principal entryway or entrance, one principal kitchen facility and/or toilet facility, or other public room.

Dwelling group: A group of two or more detached dwellings located on a parcel of land in one ownership.

Dwelling, multiple-family: A dwelling arranged, designed for and/or occupied by three or more families living independently of each other, and containing three or more dwelling units.

Dwelling, single-family: A detached building arranged, designed for and/or used for, or occupied by, not more than one family, and which building has not less than one kitchen and one bathroom.

Dwelling, two-family or duplex: A dwelling arranged, designed for and/or occupied by two families living independently of each other, and containing two dwelling units.

Dwelling unit: One or more rooms in a dwelling designed for living and sleeping purposes, and having not less than one kitchen and one bathroom.

Easement: A space on a lot or parcel of land explicitly reserved, permitted or used for location of and/or access to utilities, drainage, driveways or other rights-of-way.

Efficiency dwelling unit or efficiency apartment: A dwelling unit with an area of less than 500 square feet which has living, kitchen and sleeping areas essentially within one room, and which does not contain a bedroom separated from the living areas by walls or structural partitions.

Elderly person: A person who is 60 years old or older, who desires or needs to live with other elderly persons in a group setting, but who is capable of living independently.

Electric assisted bicycle: Has the same meaning as used in U.C.A § 41-6a-102(17).

Excavation: Any disturbance to the ground, including, but not limited to, clearing, grubbing, rock removal, cutting, tunneling, drilling or any other activity which alters the natural ground.

Family: An individual or group of two or more persons occupying a dwelling and related by blood, marriage, contract or adoption, or a group of not more than four unrelated individuals, living together as a single housekeeping unit.

Farm animals: Includes cows, horses, goats, pigs and chickens.

Farmers market: A seasonal activity that is generally described as an open space, public or private, equipped with booths, stalls, and tables where there is a gathering of people for the purpose of buying and selling a variety of items related to farm and garden products.

Fence: A physical barrier to delineate, contain, screen or designate an area designed for a specific use, such as an enclosure for a dwelling, utility, storage area or landscaping.

Fill: The deposit of soil, rock or other materials placed by man.

Flag lot: A lot which:

A.

Meets the size, setback and other requirements of the zone in which the lot is located, or is exempted from these requirements by prior right;

B.

Does not have the frontage required in the zone; and

C.

Has either an extension owned in fee simple or an irrevocable easement from the lot to a dedicated street, which is at least 20 feet wide at all points. the extension shall be referred to as the staff portion of the flag lot.

Florist shops: A business specializing in the raising and/or selling of flowers and ornamental plants.

Food truck: Shall have the same meaning as in U.C.A. § 11-56-102.

Food truck operator: Shall have the same meaning as in U.C.A. § 11-56-102.

Footprint: The square footage of a building or structure on a lot or parcel of land as projected to the ground, exclusive of eaves, exterior decks, landings and stairways. "Footprint" includes garage, carport, covered porches and covered decks, unless otherwise designated within the scope of any chapter of this title.

Franchise: A single unit of a larger business chain.

Frontage: The linear measurement of the front lot line.

Gallery: A building or hall, or portion thereof, in which artistic work is displayed for exhibition or sale.

Garage, parking: A building used for the parking of more than five automobiles, whether at no cost or for a charge, for compensation or as an accommodation.

Garage, private: A detached accessory building or a portion of a principal building designed and/or used only for the shelter or storage of passenger vehicles or trailers owned or operated by the families resident upon the premises and in which no occupation or business for profit is conducted.

Garage, public: Any premises, other than a private garage, used for the storage, care, sale, hire, repair or refinishing of self-propelled vehicles or trailers.

General retail: Businesses specializing in the retail sale of goods such as: antiques, apparel, books, gifts, candy and confections, handicrafts, hardware, jewelry, novelties, recreational equipment, and sporting goods. General retail does not include the sale of automobiles and/or motorcycles, heavy machinery, or liquor.

Gift shop or curio shop: A retail store where novelty gifts, collectibles and trinkets are characteristically offered for sale.

Grade, existing: The elevation of the surface of the ground, whether natural or altered, that exists prior to the excavation or grading under consideration or otherwise in question.

Grade, finish: The elevation of the finished surface of the ground.

Grade, natural: The elevation of the surface of the ground which has been created through the action of natural forces and has not resulted from manmade cuts, fills, excavation, grading or similar earthmoving processes. The topographic maps of the Town shall be the primary, though not exclusive, reference for determination of natural grade. Natural grade shall be determined in every instance where necessary by the Town Engineer.

Gross area: The sum of all areas of all floors of the building, excluding basements (unless included within the scope of any chapter in this title), measured from the exterior faces of exterior walls. Gross area shall not include patios, covered porches, balconies or walkways.

Guest: Any person or persons staying, for a time period not to exceed 90 days, within a dwelling unit without payment or compensation or remuneration to the owners, tenants or full time inhabitants of said dwelling unit.

Guesthouse: Living quarters within an accessory building for use by guests of the occupants of the premises. May have kitchen facilities, but shall not be rented or otherwise used as a separate dwelling unit, except as may otherwise be provided within this title.

Guestroom: Any room or rooms used or intended to be used by a guest for sleeping purposes.

Habitable space: Space in a structure for living, working, retail, sleeping, eating, cooking or the like. Bathrooms, toilet compartments, closets, halls, storage or utility space, and similar areas, are not considered habitable space.

Helipad, helistop or heliport: A facility designed to accommodate helicopters for landings and takeoffs. Such a facility may be an informal open space designed to accommodate takeoffs and landings, or may be more fully developed.

Historic building or historic structure: Any building or structure which the Planning Commission finds to meet the following standards:

A.

The building or structure is associated with events that have made a significant contribution to the broad patterns of our history;

B.

The building or structure is associated with the lives of persons significant in our past;

C.

The building or structure embodies distinctive characteristics of type, period or method of construction, whether it represents the work of a master, or possesses high artistic values, or represents a significant and distinguishable entity whose components may lack individual distinction; or

D.

The building or structure has yielded, or may be likely to yield, information important in prehistory or history.

Home occupation: An accessory use of a residential dwelling unit.

Hospital: An institution that provides major medical or surgical care and treatment and overnight accommodations for the sick and the injured.

Hostel: A type of transient lodging facility that offers basic accommodations typified by dormitory style sleeping quarters and shared bathroom and living areas.

Hotel/motel: A transient lodging facility usually containing ten or more guestrooms and having a lobby with a front desk. Hotels/Motels have non-resident on-site support staff present for all or the majority of the day and typically offer guests support services such as front desks and housekeeping.

Household pets: Animals or fowl ordinarily permitted in the house and kept for company or pleasure and not for profit, such as dogs or cats, but not including a sufficient number of dogs to constitute a kennel. Household pets shall not include any animals which are more likely to inflict harm or discomfort or endanger the health, safety or welfare of any person or property than a typical household dog or cat. In the event there is a question regarding whether a specific animal is a "household pet" the Town Council shall determine if the animal fits this definition.

Impervious material: Matter that is impenetrable by moisture. For the purposes of this title, any finished surface which qualifies as "all weather surfacing", according to specifications provided by the Town Engineer, shall be deemed impervious.

Junkyard or automobile wrecking yard: The use of any lot, portion of a lot or tract of land for the storage, keeping or abandonment of junk, including scrap metals or other scrap material, or for the dismantling, demolition or abandonment of automobiles or other vehicles, or machinery or parts thereof; provided, that this definition shall be deemed not to include such uses which are clearly accessory and incidental to any agricultural use permitted in the district.

Kennel, noncommercial ^[2]: Any premises where four or more dogs older than four months of age are raised, kept, housed or maintained for the use and enjoyment of the resident for noncommercial purposes.

Kitchen: Any room and/or other place used or intended or designed to be used for cooking or for the preparation of food.

Landfill/garbage dump: A discrete area of land or excavation that is used for disposing of refuse and other solid waste material by burying it or covering over with other material.

Landing strip: An aircraft runway without airport facilities.

Landscaping: An expanse of natural scenery; or the addition of trees, plants, lawns and other natural and decorative features to land.

Lane, private: A thoroughfare upon land owned in fee simple or by way of an easement.

Laundries, self-service: A commercial establishment that provides facilities for a person to launder clothes or linens, usually by means of coin operated machines.

Legislative body: The Town Council.

Licensed professional engineer: An engineer specializing in the specifically stated area (civil, geotechnical, etc.) of engineering and currently registered in the State of Utah.

Liquor store: A facility for the sale of package liquor which is located on premises owned or leased by the State of Utah and is operated by Utah State employees. (This definition shall not be construed to include package agencies accessory to another main use, or to restaurants with minibottle licenses.)

Lot area: The total area within the boundaries of a lot or parcel of land.

Lot, corner: A lot abutting upon two or more streets at their intersection or upon two parts of the same street, such streets or parts of the same street forming an interior angle of not more than 135 degrees.

Lot depth: The horizontal distance between the front and the rear lot lines measured in the main direction of the side lot lines.

Lot, interior: A lot other than a corner lot.

Lot line, front: For an interior lot, the lot line adjoining the street; for a corner lot, the lot line adjoining either street, as elected by the lot owner.

Lot line, rear: Ordinarily, that line of a lot which is opposite and most distant from the front line of the lot. In the case of a triangular or gore shaped lot, a line ten feet in length within the parcel parallel to and at a maximum distance from the front lot line. In cases where these definitions are not applicable but a determination is necessary, the Director of Community Development shall designate the rear lot line.

Lot line, side: Any lot boundary line not a front or rear lot line. A side lot line separating a lot from another lot or lots is an interior side lot line; a side lot line separating a lot from a street is a street side lot line.

Lot lines: The property lines bounding a lot or parcel of land.

Lot, right-of-way: A strip of land of not less than 16 feet in width connecting a lot to a street for use as private access to that lot.

Lot width: The distance across a lot or parcel of property measured along a line parallel to the front lot line, or parallel to a straight line connecting the ends of an arc which constitutes the front lot line.

Maintenance: Routine repair, replacement or refurbishing of existing materials in order to preserve or keep property in proper condition, and painting, repainting, cleaning or other normal maintenance or repair not involving structural changes.

Manufacturing, small scale assembly and production: An operation that processes a raw or unfinished material into a finished product by a single person or a group of three or fewer skilled workers and that has limited impacts on surrounding properties. Examples include DVD authoring and software production, production of boutique soaps and lotions, and production of custom or artisan objects such as furniture. This definition does not include any manufacturing primarily using automated machines or assembly lines.

Market or grocery store: A retail store which typically specializes in the sale of food items.

Microbrewery: A restaurant that also has a beer brewery on the same property, producing beer in batch sizes not less than seven U.S. barrels (31 gallons per barrel). At least 50 percent of the beer on sale shall be brewed on the premises. Revenue from food sales shall constitute at least 50 percent of the total business revenues, excluding retail carryout sale and wholesale of beer. Microbreweries are limited to a total brewing capacity of 2,500 barrels per year.

Mini-golf course: A man made miniature golf course which includes obstacles and artificial features, usually centered on a novelty theme, designed to allow an informal golf game played with a putter.

Mixed use: Residential uses combined with either or both commercial or office uses.

Mobile or manufactured home: A vehicle other than a motor vehicle designed with attached axles and wheels which may be used for permanent or semipermanent housing for human occupancy; and which is designed to be drawn by a motor vehicle. The term "mobile home" shall also include any vehicle meeting the above description which is used for an office, classroom, retail sales or other such use.

Mobile business or mobile business event: Shall have the same meaning as U.C.A. § 11-56-102.

Modular home or building: A home or other building of new construction without attached axles or wheels which has been assembled fully, or in part, upon another site, or in a "factory" and moved to the site upon which it is to be permanently assembled by truck, timber, dolly or similar conveyance; and which is placed upon a permanent foundation in compliance with the provisions of this title and the State Construction Code.

Municipality: The Town of Springdale.

Natural waterways: Those areas varying in width along streams, rivers, gullies or washes which are natural drainage channels.

Net developable land area: The total amount of area contained within a lot or parcel of land minus all areas within the parcel that contain 30 percent slopes or FEMA designated floodways.

Nonprofit: A corporation lawfully registered under state law according to the Utah Nonprofit Corporation Act and any future amendments thereto, or lawfully registered under any corresponding State Corporations Act or Code and duly recognized by the United States Internal Revenue Service as a nonprofit corporation.

Nursery and garden supplies: A place where young trees or other plants are raised and sold, and which also sells garden supplies such as garden tools, fertilizer, etc. Commercial fertilizer yards or processing plants and sod farms are excluded from this definition.

Nursing home, rest home or convalescent home: An institution, other than a hospital, for the care of human illness or infirmity in which care, rather than diagnosis or treatment, constitutes the principal function.

Off site construction: Any construction related to a subdivision which is not within the platted subdivision.

Office: A building or room, or portion thereof, or other structure either temporarily or permanently located, wherein a business or service for others is transacted, but not including the storage or sale of merchandise on the premises.

Open space: The use of land which leaves soil generally undisturbed and upon which natural vegetation, whether or not native to the area, occupies the major visible aspect of the land.

Package agency: An outlet authorized by the Utah Alcoholic Beverage Control Commission to sell original package liquor or wine for consumption off the premises.

Parking lot or parking area: An open area, public or private, other than a street or alley, used for the parking of more than four automobiles, whether free, for compensation, or as an accommodation. Except as otherwise provided by this title, required parking spaces shall not be provided within a required front yard or side street side yard.

Parking space: A space within a public or private parking area, exclusive of access or maneuvering areas, ramps or columns, to be used exclusively as temporary parking or storage for one private motor vehicle.

Pasture: A space, which may contain agricultural buildings or structures, greater than or equal to one acre in area and of at least 100 feet in width, designed and used specifically for the confinement and grazing of farm animals.

Pedestrian convenience: A noncommercial structure located in such a fashion as to be convenient for the use and enjoyment of the public, typically located along a sidewalk or other pedestrian pathway such as a park bench, drinking water fountain, lamppost, trash receptacle or other similar structure.

Permanent: Not expected to change in status, condition or place. Lasting or meant to last indefinitely.

Permitted use: A use of a lot or parcel of land permitted under the restrictions and regulations of the district in which it is situated and, as such, subject to such restrictions and regulations governing use, location, materials and height of buildings, densities, open space and other such regulations and restrictions as might apply within each specific district.

Person: An individual, association, firm, partnership, corporation or any similar legal entity.

Planned unit development or town home development: A real estate plan or project whereby two or more dwellings or dwelling units, on separately owned lots, are joined together in an owners' association which owns common property in the planned project, and administers the project for the benefit of the owners and residents.

Planning Commission: Planning Commission members perform all functions and duties as required by state law and this title.

Postal services: Offices of the United States Postal Service.

Power equipment: Motorized, mechanical or electrical equipment which is commonly associated with a residential use or as is customary to home crafts and improvements.

Preservation: Retaining intact, in an unaltered condition.

Public: That which is under the ownership of the United States government, the State of Utah or any agency or subdivision thereof, Washington County or the Town of Springdale (or any department or agency thereof), or referring to the general populace.

Public assembly: A building or group of buildings arranged, intended, designed or used for indoor public assembly for social, recreational, entertainment, educational or religious purposes.

Public or quasi-public cultural activities and nature exhibits: An outdoor exhibit or display operated by a public, private nonprofit, educational, religious, charitable or philanthropic institution, intended to educate and inform the general public about history, culture, geology, or ecology.

Public parking, off-street: Off-street parking spaces open to the general public, with or without charge, not required by section 10-23-4 of this title for any other use on the property or developed to support any other use on the property.

Public services facilities: Facilities that provide a service to the general public, such as water treatment plants, power substations, etc.

Public use: A use operated exclusively by a public body, such use having the purpose of serving the public health, safety or general welfare, and including uses such as public schools, parks, playgrounds and other recreational facilities, administrative and service facilities, and public utilities.

Quasi-public use: A use operated by a private nonprofit, educational, religious, recreational, charitable or philanthropic institution, such use having the purpose primarily of serving the general public, such as churches, private schools, universities and similar uses.

Reclamation: Restoring the quality and character of the land to a seemingly natural state, accomplished through loosening and revitalization of the soil, the cultivation of indigenous or naturalized plant species, and the dedication of such land to resume existing in a natural manner.

Recreation, commercial: The use of property for recreational facilities operated as a business and open to the general public for a fee. Also, the use of recreational facilities on a commercial property as an accessory to another commercial use, regardless of whether or not the facility is open to the general public.

Recreation, private, noncommercial: A recreational facility operated by a nonprofit organization and open only to bona fide members of such nonprofit organization.

Recreation, public: Recreation facilities operated by a public agency and open to the public with or without a fee.

Recreational equipment, motorized: An instrument, device, vehicle, or other implement used primarily for recreation that is propelled or powered by an engine or motor, including electric personal assistive mobility devices as defined by state statute. This definition does not include electric assisted bicycles.

Recreational equipment, nonmotorized:

A.

An instrument, device, vehicle, or other implement used primarily for recreation and that is not propelled or powered by a motorized source.

B.

An electric assisted bicycle.

Recreational facility: For the purposes of this title, recreational facilities shall include conventional playgrounds, baseball fields, basketball courts, tennis courts, racquetball and handball courts, swimming pools, fitness centers, fitness courses, or weight rooms. This definition shall exclude those uses listed as prohibited in Chapter 7A of this title.

Recreational vehicle: A vehicular type unit primarily designed as temporary living quarters for recreational, camping or travel use which has its own motive power.

Repair: The reconstruction or renewal of any part of an existing structure or building for the purpose of its maintenance.

Residential creativity center: A building or buildings on the same parcel providing nonprofit housing and work centers on a temporary basis of six months or less for persons engaged in humanities or fine arts projects.

Residential hosting: A type of transient lodging facility where a portion of a structure with a primary long-term residential use is rented on a nightly basis. Unlike a bed and breakfast, residential hosting is clearly secondary to the use of the property as a long-term residential dwelling. Unlike a short-term rental, residential hosting is not conducted in a self-contained unit with private entrance, sleeping, and cooking facilities. Residential hosting is only allowed in the VC and CC zones.

Restaurant: An establishment which serves food or beverages primarily to persons seated within a building, but may include patio seating associated therewith. "Restaurant" includes cafes and coffee shops.

Retail tobacco specialty business: As used herein, this term will have the same definition as set forth in U.C.A. § 10-8-41.6(1)(e), as amended.

Right-of-way: An easement or other legal right of passage over another person's land.

Roadside produce stand: A temporary structure designed or used for the display or sale of agricultural products produced on the premises upon which such a stand is located.

Rock shops: Retail establishments specializing in the sale of rocks, gems, and similar items.

SR-9 highway corridor: That portion of Utah State Road 9 and 100 feet on either side of the highway right-of-way that travels through Rockville, Springdale and Zion National Park. Also known as Zion Park Boulevard within Springdale and Main Street within Rockville.

Setback, front: A setback extending across the full width of a lot or parcel, having at no point a depth of less than the minimum required horizontal distance between the front lot line, or its tangent, and the closest permissible location of a permanent element of a building or structure. Said distance shall be measured by a line at right angles to the front lot line or its tangent.

Setback, rear: A setback extending across the full width of a lot or parcel, having at no point a depth of less than the minimum required horizontal distance between the rear lot line, or its tangent, and the closest permissible location of a permanent element of a building or structure. Said distance shall be measured by a line at right angles to the rear lot line or its tangent.

Setback/yard: A setback is a space on a lot or parcel to the front, rear or side of a building or structure, unoccupied and unobstructed by any building or structure or parking area from the finished grade upward, except as otherwise provided in this title. A yard may be considered as meeting the setback requirement without the requirement of additional open space. A "setback" is defined as the minimum allowable horizontal distance from a given point or line of reference such as a lot line to the nearest permanent element of a "building" or "structure", as defined herein.

Setback, side: A setback between a building or structure and the side lot line extending from the required front yard to the required rear yard; the width of which side yard shall be measured horizontally from, and at right angles to, the nearest point on the side lot line toward the closest permissible location of a permanent element of a building or structure.

Shooting range: An indoor or outdoor facility to practice archery or the discharge of firearms.

Shopping mall:

A.

A large building under common ownership containing various shops, businesses, and/or restaurants accessible by common interior passageways.

B.

A series of shops, businesses, and/or restaurants arranged in a general linear manner with front entrances opening on to a common sidewalk immediately adjacent to parking areas.

The term "shopping mall" shall not be construed to include a group of businesses arranged around a common open-air courtyard or other similar space fully open to the outdoors and designed to encourage pedestrian movement from business to business.

Short-term rental: A transient lodging facility where guests have limited or no interaction with on-site staff. Short-term rentals are not required to have front desks or full-time on-site staff. A short-term rental can be the rental of an entire structure, or rental of a completely self-contained unit, or multiple units in a larger structure (the larger structure may have a non-transient lodging use in addition to the short-term rental unit). Each short-term rental unit includes a private entrance, sleeping, bathing, and basic cooking facilities. Commonly referred to as a vacation rental. Short-term rentals are distinct from residential hosting in that there is limited or no interaction with the hose.

Site: A parcel or parcels of land, subdivided or unsubdivided, occupied or to be occupied by a use, structure or building, or purpose directly associated therewith and united by common ownership.

Site plan: A plan, prepared to scale, showing accurately and with complete dimensioning, all of the buildings, structures and uses and the exact manner of development proposed for a specific parcel or parcels of land as required by this title.

Skating rinks: A large flat facility designed to allow ice or roller skating, usually in an oval or round shape. This definition does not include public community multi-use paths which accommodate roller skating, or public community skate parks which contain obstacles, sloping surfaces, and other features.

Slope: A vertical rise in feet measured over a horizontal distance, expressed as a percentage, measured generally at right angles to contour lines.

Staff or Town staff: For purposes of this title, the term "staff" may include any one or combination of the following: the Director of Community Development, the Town Clerk, Deputy Town Clerk, Town Manager, Public Works/Utility Superintendent, Building Inspector and Town Engineer.

State construction code: Has the meaning that is defined under U.C.A. 1953 Title 15A, Chapter 1, Section 102, as may be amended from time to time.

Storage container: A large box shaped metal container similar to those designed for the transport of goods and materials on freight ships, trains, and trucks, also referred to as a shipping container. This definition includes all such containers whether or not they have ever actually been used for shipping or transport of goods and materials.

Storage establishments: Commercial establishments that accept rent or payment for the long-term storage of items.

Story: That portion of a building included between the surface of any floor and the surface next above it, or, if there be no floor above it, then the space between such floor and the ceiling above it.

Story, half: A partial story under a gable, shed, hip or gambrel roof, the wall plates of which on at least two opposite exterior walls are not more than four feet above the floor of such story.

Story, mezzanine: A story which covers one-third or less of the area of the story directly underneath it. For the purposes of this title, a mezzanine shall be deemed a full story.

Street, private: A thoroughfare shown on an approved subdivision plat, used as private access to serve the lots platted within the subdivision.

Street, public: A public thoroughfare or public right-of-way not less than 35 feet in width which has been dedicated or deeded to the public for public use and accepted by proper public authority, according to law. This definition includes the terms "highways", "avenues", "boulevards", "parkways" and "roads".

Street, publicly approved: A street in a subdivision where a dedication is technically not complete, but approval by the Town has been given to the recording of the subdivision plat. This is the case in a subdivision in which improvements are not completed but in which a developer has posted a bond to ensure the completion of street improvements.

Structural alteration: Any change in, addition or alteration to a structure or building involving structural members such as walls, columns, beams or girders, floor or ceiling joists, foundations, piles, retaining walls or similar components.

Structure: That which is built or constructed, an edifice or building of any kind, or any piece of work artificially built up or composed of parts joined together in some definite manner.

Structure, subgrade: Any structure which:

A.

Is located primarily below natural grade;

B.

Does not extend more than two and one-half feet, at any point, above natural grade;

C.

Is completely covered with a minimum of six inches of soil capable of supporting vegetation on its horizontal surface where required by the landscaping provisions of the respective zone in which it is located; and

D.

Is decoratively finished on any vertical surface not completely covered with soil.

Substantial alteration:

A.

Any repair, reconstruction or improvement of a structure, the cost of which equals or exceeds 50 percent of the market value of the structure either:

1.

Before the improvement or repair is started; or

2.

If the structure has been damaged and is being restored, before the damage occurred.

B.

For the purpose of this definition, "substantial alteration" is considered to occur when the first alteration of any wall, ceiling, floor or other structural part of the building commences, whether or not that alteration affects the external dimensions of the structure. the term does not, however, include either:

1.

Any project for improvement of a structure to comply with existing state or local health, sanitary or safety code specifications which are solely necessary to assure safe living conditions; or

2.

Any alteration of a structure listed on the national register of historic places or a state inventory of historic places.

Swap meet/flea market: A gathering at which enthusiasts or collectors trade or exchange miscellaneous items that are not of great value. This definition does not include vendors at festivals or events authorized by a temporary use permit.

Temporary: Lasting, used or enjoyed for a limited time.

Theaters: A building, room, amphitheater, or other similar venue used for the presentation of plays, films, or other dramatic performances.

Time period unit: An annually recurring part or parts of a calendar year specified in the condominium declaration or other document as a period for which a physical unit is separately owned. Separate ownership is represented as shares in a corporation, a partnership interest or any other individually owned transferable property right or interest.

Time period unit project: A real estate project devoted in whole or in part to "time period units" as defined in this section.

Transient: Passing through from one place to another, transitory, as a person staying no more than a few nights at a motel.

Transient lodging facility: Any establishment that receives payment in any form of exchange or trade for the use of any dwelling for 30 consecutive days or less, including any hotel, motel, bed and breakfast, short-term rental, hostel, or the like.

Transient lodging unit: A space for overnight accommodations in a transient lodging facility. For hostels, every 175 square feet of shared sleeping space counts as one transient lodging unit, and every private rented bedroom in the hostel counts as one transient lodging unit. For all other types of transient lodging the number of transient lodging units determined to be in a transient lodging facility is the greater of:

1.

The total number of rooms or spaces that could accommodate sleeping overnight, or

2.

The total number of bathrooms in rented transient lodging spaces. For the purposes of this definition a bathroom is a space with a wash basin and either: 1) a toilet, or 2) a bathtub and/or shower. Spaces with multiple toilets, bathtubs, or showers will be counted as multiple bathrooms depending on how many toilets, bathtubs, or showers they contain.

Travel agencies: A business that attends to the details of transportation, itinerary, and accommodations for travelers.

Travel trailer: A vehicular type unit primarily designed as temporary living quarters for recreational, camping or travel use which is mounted on or drawn by another vehicle.

Use: The purpose for which premises or building therein is designed, arranged or intended, or for which it is or may be occupied or maintained.

Utilities: Services including, but not limited to, cable television, electric power, effluent storage, effluent disposal, gas, security systems, sewer collection, sewer treatment and telephone services provided by public, private or government organizations.

Valley floor: Land and property encompassed in the Central Commercial, Village Commercial and Valley Residential Zones.

Vehicle holding area: An area within a licensed and permitted public parking area where legally operable vehicles are temporarily stored and await pick up after being towed due to parking infractions on public or private property.

Veterinary hospital or animal hospital: An establishment for the care and treatment of animals, including household pets and livestock. All facilities shall be within a completely enclosed building, except for exercising runs and the parking of automobiles.

Visibility triangle: A triangular shaped portion of land established at a street intersection or driveway in which nothing is erected, placed, planted or allowed to grow in such a manner as to limit or obstruct the sight distance of motorists entering or leaving the intersection or driveway.

Visual significance: A structure or site location which may appear obtrusive and highly visible from a variety of locations throughout Springdale.

Water park:

A.

A commercial enterprise which accepts payment for entrance to outdoor recreational water features such as pools, waterslides, or splash pads.

B.

Any recreational water feature or combination of recreational water features on the same property such as pools, water slides or splash pads, which measure greater than 2,500 square feet in total area regardless of whether a fee is charged for entrance.

This definition does not include water features developed as an accessory to hotels or spas and are open only to the guests of the hotel or spa.

Wholesale: The sale of goods, wares, merchandise or services for the purpose of resale and not to consumers or users thereof.

Zone: See definition of district or zone.

(Ord. No. 2021-10, § 5, 8-11-2021; Ord. No. 2022-06, § 1, 5-11-2022; Ord. No. 2022-09, § 1, 6-22-2022; Ord. No. 2022-11, § 1, 6-22-2022; Ord. No. 2023-08, § 1, 12-13-2-2023; Ord. No. 2024-05, § 1, 3-13-2024; Ord. No. 2025-09, § 1, 8-13-2025)