This chapter provides definitions of all land uses and general terms used throughout this development code for which a definition is considered necessary. All land uses allowed by right or by conditional use permit are defined herein. Some land uses shown on the tables and in the definitions are categorical, and many potentially allowable specific land uses are assumed to be included in the categorical definitions. In the event of a question as to which category an undefined land use may fall, the director shall make a final determination.

For the purposes of this code, certain terms and words are hereby defined as follows: Words used in the present tense include the future; words in the masculine gender include the feminine and neuter; words in the singular includes the plural; the plural includes individuals, partnerships, corporations, clubs, or associations. The following words or terms, when applied in this code, shall carry full force when used interchangeably: lot, plot, parcel, premises or site; used, arranged, occupied, or maintained; sold or dispensed; construct, reconstruct, erect, alter (structurally or otherwise), but not the term maintenance. The word "used" shall be deemed also to include designed, intended, or arranged to be used. (Ord. 12-15, 7-11-2012)

AASHTO: American Association Of State Highway And Transportation Officials.

ADA: Americans with disabilities act (42 USC section 12101 et seq.).

ABANDONED WELL: A well the use of which has been permanently discontinued or is in such a state of disrepair that it cannot be used for its intended purpose or for observation purposes.

ABUTTING:

   A.   Having a common border with, contiguous to or being separated from, such a common border by a right of way, alley, or easement.

   B.   Contiguous to. For example, two (2) adjoining lots with a common property line are considered to be abutting, including cases where two (2) or more lots adjoin only on a corner or corners.

ACCESSORY APARTMENT: See definition of “Accessory Dwelling Unit (ADU).

ACCESSORY DWELLING UNIT (ADU), INTERNAL: A self-contained dwelling unit that is incorporated within the single-family dwelling that maintains complete independent living facilities for one family, including permanent provisions for living, sleeping, eating, cooking, and sanitation (i.e., separate kitchen). An internal ADU is part of the single-family dwelling and is not a duplex or multi-family unit.

ACCESSORY STRUCTURE, ACCESSORY BUILDING: A detached, incidental subordinate building customarily incidental to and located upon the same lot occupied by the main use or building. Detached garages, sheds, workshops, and barns are examples of accessory structures.

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

ACREAGE:

Gross: Overall total exclusive of deductions.

Net: Remaining after all deductions are made.

ADMINISTRATIVE LAW JUDGE (ALJ): A hearing officer who presides over an administrative hearing.

ADMINISTRATIVE STANDARDS: The set of rules, procedures, and requirements set forth in a landscape ordinance associated with making permit application, assembling materials for public review, meeting the requirements of the landscape ordinance, seeking approvals, enforcement, conducting site inspections, and filing reports.

ADULT DAYCARE: See definitions of Human Services Programs Or Facilities and/or Daycare, Adult.

AFFECTED ENTITY: A county, municipality, local school district, special service district under Utah Code Annotated title 17D, chapter 1, special service district act, school district, interlocal cooperation entity established under Utah Code Annotated title 11, chapter 13, interlocal cooperation act, specified public utility under Utah Code Annotated title 10, chapter 9a, municipal land use, development, and management act, a property owners' association, or the Utah department of transportation, if:

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

   B.   The entity has filed with the city a copy of the entity's general or long range plan; or

   C.   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 this title.

AGRICULTURE: The tilling of the soil, raising of crops, horticulture, gardening, and beekeeping, but not including the keeping or raising of animals or fowl and not including any agricultural industries or businesses, packing plants, fur farms, animal hospitals, plant nurseries, or similar uses or sale of farm or garden products not produced on the premises. (See definition of farm animals.)

ALCOHOLIC BEVERAGE ESTABLISHMENTS AND LICENSES:

Active Recreation Areas: Areas of the landscape dedicated to active play where lawn is typically used as the playing surface (ex. sports fields and play areas).

Bar Establishment License: A type of liquor license for "adult only" social drinking, i.e., bars, nightclubs, cabarets, etc. A bar establishment license allows the storage, sale, service, and consumption of alcoholic beverages on the premises. Bar establishment licenses may be located in equity and/or fraternal clubs which require memberships. Minors are prohibited on the premises of the lounge or bar area of any fraternal or equity club or in a bar or nightclub. Alcohol beverage service in a bar does not require that you order food, though food must be available. Bars may sell all types of alcohol - liquor, wine, flavored malt beverages, heavy beer, and beer may be served from ten o'clock (10:00) A.M. to one o'clock (1:00) A.M.

Hotel Alcohol License: A license that allows a hotel to have three (3) or more "sublicenses" within its premises boundaries.

Off Premises Beer Retailer License: A license that entitles the licensee to sell beer in the original container for consumption off the premises.

On Premises Banquet And Catering License: A license that allows the storage, sale, service, and consumption of liquor, wine, heavy beer, and beer for contracted banquet activities on the premises of a hotel, resort facility, sports center, or convention center. It also allows for room service in hotels and resorts.

On Premises Beer Retailer License - Recreation: A license that allows the sale of beer at retail for on-premises consumption for establishments that are tied to a "recreational amenity". The "recreational amenity" must be on or adjoining the beer retailer's business.

Package Agency License: A license to operate a liquor store that offers a modest selection of products. They may be located in hotels, in a winery, distillery, or brewery, or in other limited situations as permitted by the State. These businesses operate on a contract basis with the Department of Alcoholic Beverage Control.

Reception Center License: A reception center license allows the storage, sale, service, and consumption of liquor, wine, heavy beer, and beer for private banquet or event functions on the premises of smaller venues that want to sell, offer for sale, or furnish alcohol on their premises. The reception center must be at least five thousand (5,000) square feet and have culinary facilities on the premises, or under the control of the center, which is adequate to prepare full meals. Its primary purpose must be leasing its facility to a third party for their private event. Alcoholic beverages at a reception center may be sold on any day from ten o'clock (10:00) A.M. until one o'clock (1:00) A.M.

Restaurant - Beer Only License: A license that permits the storage, sale, service, and consumption of 3.2 percent beer on the premises of a restaurant that is engaged primarily in serving meals to the general public. Patrons may only purchase beer in conjunction with an order for food that is prepared, sold and served at the restaurant. Each restaurant must maintain at least seventy percent (70%) of its total restaurant business from the sale of food.

Restaurant - Full Service License: A license that permits the storage, sale, service, and consumption of alcoholic beverages on the premises of a restaurant that is engaged primarily in serving meals to the general public. Patrons may only purchase alcoholic beverages in conjunction with an order of food that is prepared, sold, and served at the restaurant. Each restaurant must maintain at least seventy percent (70%) of its total restaurant business from the sale of food.

Restaurant - Limited Service License: A license that permits the storage, sale, service, and consumption of wine, heavy beer, and beer on the premises of a restaurant that is engaged primarily in serving meals to the general public. Patrons may only purchase alcoholic beverages in conjunction with an order of food that is prepared, sold, and served at the restaurant. Each restaurant must maintain at least seventy percent (70%) of its total restaurant business from the sale of food.

Single Event Permit: Single event permits are available for a group that wants to sell liquor, wine, beer or heavy beer (over 3.2 percent) at a temporary event. These are available to a bona fide partnership, corporation, limited liability company, church, political organization, or incorporated association or to a recognized subordinate lodge, chapter or other local unit thereof that is conducting a civic or community enterprise or convention. The organization must have been in existence as a bona fide organization for at least one year prior to the date of application. The permit allows for cash bars and the sale of alcoholic beverages to the general public, or to the organization's own invited guests for the duration of the event. Permits are issued by the DABC Director contingent on review of the Alcoholic Beverage Control Commission. To ensure adequate processing and approval, complete applications should be submitted thirty (30) days prior to the event. Applications submitted outside of these guidelines risk non-issuance of a permit. Additionally, due to statutory restrictions, applications received less than seven (7) business days prior to the event will not be considered. (When counting days, realize that there must be 7 business days between the day the application is received and the date of the event.)

Special Use Permit: Special use permits are issued for the purchase, sale, storage, use, consumption, or manufacture of alcoholic products in limited types and quantities, and for limited purposes. Permits may be granted as follows: religious wine permits to religious organizations, industrial or manufacturing use permits to persons or organizations involved in industrial or manufacturing pursuits, scientific or educational use permits to persons or organizations involved in scientific or educational pursuits, and public service permits to operators of airlines, railroads or other public conveyances.

State Liquor Store: A State operated establishment that sells packaged liquor, wine, and heavy beer (over 3.2 percent) for consumption off the premises.

Temporary Beer Event Permit: Temporary beer event permits for the sale of beer (3.2 percent) are issued by the Alcoholic Beverage Control Commission for on-premises consumption at a temporary event that does not last longer than thirty (30) days. Permits are issued by the DABC Director contingent on review of the Alcoholic Beverage Control Commission. To ensure adequate processing and approval, complete applications should be submitted thirty (30) days prior to the event. Applications submitted outside of these guidelines risk non-issuance of a permit. Additionally, due to statutory restrictions, applications received less than seven (7) business days prior to the event will not be considered.

ALL-TERRAIN VEHICLE (ATV): Any motorized, off road vehicle fifty inches (50") or less in overall width, having a dry weight of eight hundred (800) pounds or less, designed to travel on three (3) or more low pressure tires.

ALLEY: A public or private way permanently reserved as a secondary means of access to abutting property not intended for general traffic circulation.

ALTERATION: Any change, addition, or modification in construction, or type of occupancy of a building or structure, or any change in the structural members of a building or structure such as walls, partitions, columns, beams, girders, or exits.

ALZHEIMER'S FACILITY: A nursing care facility or assisted living facility whose primary purpose is to provide living accommodations and services to residents who have been diagnosed with Alzheimer's disease or other type of dementia.

AMBULATORY SURGICAL FACILITY: See definition of healthcare facilities.

ANCILLARY COMMERCIAL: A commercial use conducted on the same lot as the primary commercial use of the structure or property to which it is related; a commercial use which is clearly incidental to and customarily found in connection with such primary commercial use.

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

ANIMAL HOSPITAL, VETERINARY OFFICE: An establishment at which small, medium, or large farm animals or household pets are treated or boarded within a completely enclosed building, and the boarding of animals is limited to short term care incidental to the animal hospital/veterinary office use.

ANIMAL KENNEL, COMMERCIAL: An establishment for the boarding, breeding, raising, grooming, treating, selling, or training of small, medium, or large farm animals or household pets for commercial gain.

APARTMENT: See definition of dwelling, multiple-family.

APPLICANT: The property owner or a person legally empowered in writing by the property owner to act on the property owner's behalf, and who thereby has the property owner's authority to make representations and decisions before city officials regarding the use and/or development of the subject real property. The term includes the applicant's representative.

APPLICANT'S REPRESENTATIVE: A person legally empowered in writing by the applicant to act on the applicant's behalf, and who thereby has the applicant's authority to make representations and decisions before city officials regarding the use and/or development of the subject real property.

AQUARIUM: An establishment where aquatic collections of living organisms are kept and exhibited.

ARCADE ENTERTAINMENT: An establishment offering five (5) or more amusement devices including, but not limited to, coin operated electronic games, shooting gallery, table games, and similar recreational diversions within an enclosed building.

AREA OF SPECIAL FLOOD HAZARD: The land in the floodplain within the City subject to a one percent (1%) or greater chance of flooding in any given year.

ART GALLERY: An establishment engaged in the exhibition and sale of artworks. It does not include the sale of art supplies or other raw materials used in the creation of artwork.

ARTIST'S STUDIO: The location where artwork is created. Examples include, but are not limited to, painting, clay sculpting and firing, engraving, etc.

ASSISTED LIVING FACILITY:

   A.   A residential facility, licensed by the State of Utah, with a homelike setting that provides an array of coordinated supportive personnel and healthcare services, available twenty four (24) hours per day, to residents who have been assessed under Utah Department of Health or Utah Department of Human Services rules to need any of these services. Each resident shall have a service plan based on the assessment, which may include:

      1.   Specified services of intermittent nursing care.

      2.   Administration of medication.

      3.   Support services promoting residents' independence and self- sufficiency.

   B.   An assisted living facility does not include:

      1.   A "residential facility for persons with a disability" (defined elsewhere in this chapter).

      2.   Adult daycare provided in conjunction with a residential facility for elderly persons or a residential facility for persons with a disability.

   C.   Assisted living facilities are broken down into two (2) classes:

      1.   Limited capacity assisted living facility: A facility accommodating not more than four (4) residents, excluding staff. All residents must be ambulatory which means a person who is capable of achieving mobility sufficient to exit a structure without the assistance of another person. Adult daycare shall not be provided as part of the facility (see definition of human services programs or facilities).

      2.   Large capacity assisted living facility: A facility accommodating more than four (4) residents, excluding staff. Adult daycare may be approved separately as provided elsewhere.

ASSISTED LIVING UNIT: A dwelling unit varying in square footage that provides a residential living environment assisted by congregate meals, housekeeping and personal services for persons age fifty five (55) or older, who have temporary or periodic difficulties with one or more essential activities of daily living, such as feeding, bathing, dressing or mobility. An assisted living unit shall include accessory uses, including dining rooms, bathing areas, common areas, offices and other necessary to provide the above services.

ATHLETIC CLUB: See definition of recreation, indoor or recreation, outdoor.

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

AUTO, TRUCK, RECREATIONAL VEHICLE, AND EQUIPMENT STORAGE: Temporary outside storage of both new and used motor vehicles and equipment awaiting distribution. Such storage may include an impound lot but is not to include nonserviceable, junk, or dilapidated vehicles or equipment.

AUTOMOBILE RENTAL FACILITY: A building or a tenant space in a multi-tenant building that provides automobile rental services. The facility may have on site or off site storage of vehicles to be rented. No automotive repair of vehicles shall occur on site. This definition does not include rental of recreational vehicles, vehicle sales, the rental of equipment, car washes, vehicle maintenance facility, inoperable vehicle storage, or impound lot.

AUTOMOTIVE SELF-SERVICE STATION: An establishment for the retail sale of automobile fuels and lubricants at which the customer provides the service to his own vehicle, and no vehicle repair or maintenance service is offered. Such an establishment may offer for sale at retail other convenience items as a clearly secondary activity and may also include a freestanding automatic car wash.

AUTOMOTIVE SERVICE AND REPAIR, MAJOR: An establishment primarily engaged in the repair or maintenance of motor vehicles, trailers, and similar large mechanical equipment, including paint, body and fender, and major engine and engine parts provided it is conducted within a completely enclosed building.

AUTOMOTIVE SERVICE AND REPAIR, MINOR: An establishment primarily engaged in the repair or maintenance of motor vehicles, trailers, and similar mechanical equipment, including brake, muffler, tire repair and change, lubrication, tune ups, safety inspections and emission testing, detailing shops, windshield repair, overhaul and transmission work provided it is conducted within a completely enclosed building.

AUTOMOTIVE SERVICE, NONMECHANICAL: An establishment engaged in safety inspections and emission testing, detailing shops, and windshield repair, provided it is within a completely enclosed building.

AUTOMOTIVE SERVICE STATION: An establishment whose primary purpose is the selling of gasoline or other vehicle fuels and oil and lubricant services, and no vehicle repair or maintenance service is offered. Accessory activities may include minor automotive repair and maintenance, car wash service, and food sales.

AVERAGE PERCENT OF SLOPE: The rise or fall in elevation along a line perpendicular to the contours of the land connecting the highest point of land to the lowest point of land within a lot.

AWNING: A rooflike covering of canvas, or the like, often adjustable, over a window, door, etc., to provide protection against the sun, rain, snow, and wind. Said awning is attached to the vertical wall and has an architecturally compatible color and design with the structure.

BACK LOADED GARAGE: A "subservient" (secondary or deemphasized) detached parking structure designed for access from an approved alleyway or private street.

BALCONY: A covered or uncovered platform usually projecting from a wall or an entrance to a building, sometimes being surrounded by a railing, balustrade, or parapet.

BAR: See definition of Alcoholic Beverage Establishments: Tavern or Alcoholic Beverage Establishments: Social Clubs.

BASE FLOOD: A flood having a one percent (1%) chance of being equaled or exceeded in any given year.

BASEMENT: That portion of a building that is partly or completely below grade.

BASEMENT HOUSE: A one-story dwelling where more than twenty five percent (25%) of the floor area is below the finished surface grade at the front yard level.

BEACON LIGHT: See definition of Searchlight.

BED AND BREAKFAST FACILITY: A limited commercial activity conducted within a structure, which includes dining and bathroom facilities with sleeping rooms, on a residential scale for short term guest rental. Said use will typically provide overnight accommodations, limited food services, parking facilities, and open space in a natural setting, and will comply with standards and procedures as set forth in this title.

BEST MANAGEMENT PRACTICES (BMPs): A practice or combination of practices determined to be the most effective practicable (including technological, economic, and institutional considerations) means of preventing or reducing the amount of pollution to a level compatible with water, soil, and air quality goals.

BILLBOARD: A sign which directs the attention to a business, product, service, or entertainment conducted, sold, or offered off premises.

BIRTHING CENTER: See definition of Healthcare Facilities.

BLOCK:

   A.   Land or group of lots surrounded by streets or other rights of way, other than an alley, or land which is designated as a block on any recorded subdivision tract.

   B.   One side of a street between two (2) consecutive intersecting streets.

BOARDER: A person living in a rented room in a boarding house. The boarding house operator, or a member of his immediate family who resides on the premises with the operator, shall not be deemed a boarder.

BOARDING HOUSE: A single-family dwelling where more than two (2), but fewer than six (6) rooms, are provided for lodging for definite periods of times. Meals may or may not be provided, but there is one common kitchen facility. No meals are provided to outside guests.

BOTANICAL GARDENS: A public or private facility for the demonstration and observations of the cultivation of flowers, fruits, vegetables, or ornamental plants.

BUBBLER: An irrigation head that delivers water to the root zone by flooding the planted area, usually measured in gallons per minute. Bubblers exhibit a trickle, umbrella, or short stream pattern.

BUILD-TO LINES: Setback distances which bring structures adjacent to streets and sidewalks in order to encourage pedestrian activity and safety.

BUILDABLE AREA: The portion of a lot or site, exclusive of required setbacks, or landscaping, within which a structure may be built.

BUILDING: Any structure, whether permanent or temporary, including, but not limited to, dwelling units which are designed, intended, or used for occupancy by any person, animals, possessions, or for storage of property of any kind.

BUILDING CODE: Either the international building code, the international residential code, or other applicable code (as applicable to the type of construction) which covers the fire, life, and structural safety aspects of all buildings and related structures (as adopted and amended by the state of Utah).

BUILDING HEIGHT: The vertical distance from the average finished grade surface of the building to the highest point of the coping of a flat roof, to the top of a mansard roof, or the top of the ridge for gable, hip, or gambrel roofs.

BUILDING LINE: The line circumscribing the buildable area of a lot.

BUILDING, MAIN: A building in which the principal use of the site is conducted.

BUILDING, TEMPORARY: A building used for the storage of construction materials and equipment incidental and necessary to on site construction of houses, utilities, or other community facilities, or used temporarily in conjunction with the sale of property within a subdivision under construction. Permit required from building inspector.

BUSINESS LICENSE ADMINISTRATOR: The individual who performs regulatory administration of the city business license ordinance and any applicable federal, state, county and local laws.

BUSINESS LICENSE SECTION: The business license office of the community development department.

BUSINESS OR FINANCIAL SERVICES: An establishment intended for the conduct or service or administration by a commercial enterprise, or offices for the conduct of professional or business service, but not including medical, dental, chiropractor or other arts. Uses intended by this definition would include, but not be limited to, business offices, depository institutions, other establishments performing financial services. This definition shall not include businesses that are defined as a nondepository institution nor businesses in which goods or merchandise are sold or stored.

BUSINESS, TEMPORARY: See definition of Temporary Business. (Ord. 12-15, 7-11-2012; amd. Ord. 16-05, 6-1-2016; Ord. 21-10, 5-19-2021)

CANOPY: A roofed structure constructed of fabric or other material placed so as to extend outward from the building providing a protective shield for doors, windows, and other openings supported by the building or by supports extending to the ground directly under the canopy.

CAR WASH: The use of a site for the washing and cleaning of passenger vehicles, recreational vehicles, or other light duty equipment.

CARPORT: A roof structure open on at least two (2) sides and subject to all the zoning regulations prescribed for a private garage.

CATERING TRUCKS: See definition of Food Trucks/Catering Trucks As Mobile Businesses.

CEMETERY, COLUMBARIUM, MAUSOLEUM: Land or buildings used for the burial or interment of the dead or cremated remains but not including facilities for embalming or cremation. Other uses that may be offered are clearly accessory to, and supply services to the principal use including a facility for the manufacture of cement vaults and sale and engraving of grave markers, a retail floral shop, and live plant nursery.

CHECK CASHING:

   A.   A person or business that for compensation engages in cashing a check for consideration or extending a deferred deposit loan. "Check cashing business" does not include depository institutions, as defined by the state of Utah. "Check cashing business" also does not include 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 (1%) of the check or one dollar ($1.00) as a service fee that is incidental to its main purpose or business.

   B.   Cashing of checks for consideration or extending a deferred deposit loan and shall include any other similar types of businesses by the state pursuant to the check cashing registration act.

See also definition of Nondepository Institution.

CHIEF BUILDING OFFICIAL: The individual who acts as the city authority on interpretation and enforcement of all building and development codes applying policy directives of the city.

CHILD PLACING: See definition of Human Services Programs Or Facilities.

CHURCH:

   A.   A building wherein persons regularly assemble for religious worship and which is maintained and controlled by a religious body organized to sustain public worship, together with all accessory buildings, parks, athletic fields, and uses customarily associated with such primary purpose. Includes synagogue, temple, mosque, or other such place for worship and religious activities.

   B.   Any building set apart for worship, in which religious services are held, clergy is associated, and that is tax exempt under the laws of Utah.

CITY:

   A.   Taylorsville, Utah.

   B.   The governmental entity of the city of Taylorsville and includes each office, department, division, authority, board, commission of the city.

CITY TREES: See definition of Tree, City.

CLEAR VIEW AREA: See definition of Sight Visibility Triangle.

CLOSURE (Drinking Water Source Protection Ordinance): The cessation of operation of a facility or any portion thereof, and the act of securing such facility or portion thereof to ensure protection of groundwater in accordance with the appropriate state, federal, and local regulations applicable to the specific facility and within the provisions of this title.

CLUB: See definition of Alcoholic Beverage Establishments.

CLUSTERED SUBDIVISION: A residential use that divides land into not more than the number of lots permissible in a conventional subdivision of the same property in the same zone, but where the size of the individual lots may be reduced in order to gain common open space.

CODE: The development code of the city, as revised from time to time.

CODE COMPLIANCE OFFICER, CODE ENFORCEMENT OFFICER, CODE INSPECTOR: Any authorized agent or employees of the city whose duty it is to assure code compliance.

COLLECTION AREA (Drinking Water Source Protection Ordinance): The area surrounding a groundwater source which is underlain by collection pipes, tile, tunnels, infiltration boxes, or other groundwater collection devices.

COLUMBARIUM: See definition of Cemetery, Columbarium, Mausoleum.

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

COMMERCIAL MIXED USE: Development within a building, which incorporates retail commercial or individual offices on the ground level and office and/or residential use on upper levels.

COMMERCIAL PARKING GARAGE: A building, other than a private garage, used for the temporary parking of vehicles with or without a fee.

COMMERCIAL REPAIR SERVICES: Establishments which engage principally in the repair of large or heavy duty household goods such as washers and refrigerators; the reupholstery of automobiles, boats, and similar vehicles; small engine repair; or other similar services which exceed the smaller scale classification intended under commercial retail sales and services, but which can still be performed within an enclosed building. For large scale repair facilities or allowance for outdoor storage or activity, see definition of Commercial, Heavy or Industry, Heavy.

COMMERCIAL RETAIL SALES AND SERVICES: Establishments which engage in the sale of general retail goods and accessory services. Businesses within this definition include those which conduct sales and service entirely within an enclosed structure (with the exception of occasional outdoor on site promotions); businesses that specialize in the sale of general merchandise or convenience goods. Services include laundromats with coin operated self- service machines, self-service and full service car washes, repair services for small household appliances or equipment. Work conducted on the premises includes handicraft production such as pottery, jewelry, picture frames, or leather goods. Goods assembled or produced on the premises must be for sale on the premises.

This is a broad definition which is intended to include all retail sales and services (including personal services, except for cosmetic services, barbershops, salons, nail salons, makeup services, etc.) generally associated with commercial districts which are not specifically covered by other definitions in this chapter.

COMMERCIAL VEHICLE: A vehicle designed and/or used for business, transportation of commodities, merchandise, produce, freight, animals, passengers or other transports including tow trucks or trailers used for the movement of equipment regardless of length. This definition also includes construction vehicles such as a bulldozer, backhoe, and similar vehicles.

COMMISSION: The Taylorsville City Planning Commission.

COMMUNITY BASED PROGRAM: See definition of correctional facility.

COMMUNITY CORRECTIONAL FACILITY: See definition of correctional facility.

CONDITIONAL USE: Administrative and nonadministrative conditional uses are land uses that, because of their unique characteristics or potential impact on the Municipality, surrounding neighbors or adjacent land 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.

CONDOMINIUM: A single unit in a multi-unit project or structure which is separately owned which may be combined with an undivided interest in the common areas and facilities of the property.

CONGREGATE CARE FACILITY: A housing development of five (5) or more dwelling units which is planned, designed, and managed to include facilities and common space that maximize the residents' potential for independent living. The facility may be occupied by elderly or persons with a disability. The direct services that are provided or made available shall relate to the nutritional, social, recreational, housekeeping, and personal needs of the residents and shall be provided or made available at a level necessary to assist the residents to function independently. Direct services include meals, housekeeping services, transportation services, and planned recreational and social activities which shall be provided to the residents directly by the management of the congregate housing. Support services are social services, daycare services and in home services which the management of the congregate housing shall assist the residents in obtaining at the request of the residents. A congregate care facility may only be developed as a component of a transitional care development, and not as a stand alone development.

CONTINUING CARE RETIREMENT COMMUNITY: A facility which has a primary purpose of providing housing and continuing care for people over the age of fifty five (55) or where either the husband or wife is over age fifty five (55), consists of independent apartment units, assisted living units, skilled care nursing units, senior apartment units, senior cottage units, and continuing care retirement community accessory uses all as defined herein. For purposes of this Code "continuing care" means the provision of lodging, nursing, medical or health related services at the same or another location to an individual pursuant to an agreement effective for the life of the individual or for a period greater than one (1) year, including mutually terminable contracts and in consideration of the payment of an entrance fee with or without other periodic charges.

CONTINUING CARE RETIREMENT COMMUNITY ACCESSORY USES: Any use necessary for the operation of the facility or for the benefit or convenience of the residents and their guests including, but not limited to, kitchen and dining facilities, places of worship, indoor and outdoor recreational buildings and uses, retail and banking facilities, beauty salons and barber shops, gift shops, class rooms, security facilities, conference rooms, common areas, guest rooms, administrative offices, medical offices, physical rehab facilities, postal center, pharmacy, maintenance facilities, craft and music rooms, library and television room and heating and cooling equipment structures; provided, that the accessory use is for the primary benefit of the continuing care retirement community and provided that there is no exterior announcement of the use.

CONTINUOUS TRANSIT: The nonstop movement of a vehicle except for stops required by traffic laws.

CONVALESCENT HOME: See definition of nursing home.

CORRECTIONAL FACILITY: Any facility operated by the State Department of Corrections or Division of Youth Corrections or under a contract with either to house offenders, either in a secure or nonsecure setting including, but not limited to: a prison, jail, juvenile detention facility or juvenile secure facility and the following:

Community Based Program: A nonsecure residential or nonresidential program designated to supervise and rehabilitate youth offenders in the least protective restrictive setting, consistent with public safety, and designated or operated by or under contract with the division of youth corrections.

Community Correctional Center: A nonsecure correctional facility operated by the department of corrections or under a contract with the Department of Corrections.

Detention Center: See definition of correctional facility: secure detention.

Jail: A facility established and operated by the County, either directly or under contract with a private provider, for confinement of persons in lawful custody.

Juvenile Detention Facility: A facility established and operated by the State of Utah, either directly or under contract with a private provider, for temporary detention of delinquent juveniles.

Juvenile Receiving Center: A nonsecure, nonresidential program established by the division that is responsible for juveniles taken into custody by law enforcement for status offenses or delinquent acts, but who do not meet the criteria for admission to secure detention or shelter.

Juvenile Secure Facility: A facility established and operated by the State of Utah, either directly or under contract with a private provider, for incarceration of delinquent juveniles.

Observation And Assessment Program: A service program operated or purchased by the Division of Youth Corrections, that is responsible for temporary custody of youth offenders for observation.

Secure Correctional Facility: Any prison, penitentiary, or other institution operated by the Department of Corrections or under contract for the confinement of offenders where force may be used to restrain them if they attempt to leave the institution without authorization.

Secure Detention: Predisposition placement in a facility operated by or under contract with the Division of Youth Corrections for conduct by a child who is alleged to have committed a delinquent act.

Secure Facility: Any facility operated by or under contract with the Division of Youth Corrections that provides twenty four (24) hour supervision and confinement for youth offenders committed to the division for custody and rehabilitation.

Shelter: The temporary care of children in physically unrestricted facilities pending court disposition or transfer to another jurisdiction.

COSMETIC SERVICES: Establishments that provide skin care services (peels, microdermabrasion, facials, etc.), laser and nonsurgical cosmetic procedures (laser hair removal, botox and fillers, laser skin resurfacing, vein treatment, tattoo removal, etc.), cosmetic surgery services (augmentation, cosmetic facial surgery, liposuction, etc.), and general cosmetic services, such as barbershops, salons, nail salons, makeup services, etc.

COUNCIL: The City Council of Taylorsville City.

COURT: An open, unoccupied space, other than by a yard, on the same lot with a building or group of buildings, and which is bounded on two (2) or more sides by such building or buildings.

COVERAGE: The percent of the total site area covered by structures or impervious paving other than those excepted in this Code.

CREMATORY, EMBALMING FACILITY: Building(s) used for the cremation and/or embalming of the dead but not including facilities for burial, interment, body viewing, or funeral services.

CRIME PREVENTION THROUGH ENVIRONMENTAL DESIGN (CPTED): Guiding design principles for creating safer built environments, incorporating natural surveillance, access control, territorial reinforcement, sense of ownership, management and maintenance.

CUL-DE-SAC: A street closed at one (1) end by an enlarged, circular turnaround area where the arc exceeds at least one hundred ninety degrees (190°).

CUT: In the context of grading, hillside or slope modification shall mean either excavated material or the void resulting from the excavation of earth material and is measured from natural grade to finished grade. (Ord. 12-15, 7-11-2012; amd. Ord. 15-08, 10-21-2015, eff. 7-25-2017; Ord. 17-11, 4-19-2017)

DWSP: Drinking water source protection.

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

DANCE SCHOOL: An establishment for the instruction of the art of dance including, but not limited to, ballet, ballroom, jazz, tap, and modern. The standards applicable to the operation of such a facility are dependent upon the physical location of the school. If within a home, they must comply with the provisions of the home occupation requirements. If within a commercial location, they must comply with the requirements of the underlying zone.

DAY TREATMENT: See definition of human services programs or facilities.

DAYCARE, ADULT: Continuous care and supervision for three (3) or more adults eighteen (18) years of age and older for at least four (4) but less than twenty four (24) hours a day, that meets the needs of functionally impaired adults through a comprehensive program that provides a variety of health, social, recreational, and related support services in a protective setting.

DAYCARE, ELDERLY: Arranging for or providing the necessities of life, for compensation, as a protective service to individuals who are at least sixty (60) years old, and are disabled or who are experiencing a dislocation or emergency that prevents them from providing these services for themselves.

DAYCARE, GROUP: An establishment for the care and/or instruction, whether or not for compensation, of more than twelve (12) children at any one time. Child nurseries and preschool facilities are included in this definition.

DAYS: In computing any time period of days prescribed or allowed by this Code, the day of the act or event which the designated period of time begins to run shall not be included. The last day of the period so computed shall include, unless it is a Saturday, a Sunday, or legal holiday, in which event the period runs until the next business day that is not a Saturday, a Sunday, or legal holiday. When the period of time prescribed or allowed is less than eleven (11) days, intermediate Saturdays, Sundays, and legal holidays shall be excluded in the computation.

DECK: See definition of balcony.

DEPARTMENT: The public agency, division, or department designated by the City to enforce the provisions of this title.

DEPOSITORY INSTITUTIONS: A bank, savings and loan association, savings bank, industrial bank, credit union, or other institution that:

   A.   Holds or receives deposits, savings, or share accounts;

   B.   Issues certificates of deposit; or

   C.   Provides to its customers other depository accounts that are subject to withdrawal by checks, drafts, or other instruments or by electronic means to effect third party payments.

DETENTION CENTER: See definition of correctional facility.

DEVELOPER: Any subdivider or any person or organization that develops, intends to develop, or sells property for the purpose of future development. Includes the legal or beneficial owner or owners of a lot or of any land included in a proposed development including the holder of an option or contract to purchase, or other persons having enforceable proprietary interests in such land.

DEVELOPMENT: Any manmade change to improved or unimproved real estate, including, but not limited to, buildings or other structures, mining, dredging, filling, grading, paving, excavation, or drilling operations.

DEVELOPMENT REVIEW MEETING: A meeting held by the Community Development Department for review of development projects.

DEVELOPMENT SITE: Includes the total perimeters of:

   A.   A subdivision.

   B.   A tract, lot, or parcel of land intended to be used as a commercial, public, quasi-public, utility, or other building site.

DINING CLUB: See definition of alcoholic beverage establishments: dining clubs.

DIRECTOR: The individual who supervises and directs the Community Development Department, which includes responsibility for physical and economic developments of the City.

DISABLED/DISABILITY: A physical or mental impairment that substantially limits one (1) or more of a person's major life activities, including a person having a record of such an impairment or being regarded as having an impairment. Disabled/disability does not include current illegal use of, or addiction to, any federally controlled substances, as defined in the controlled substances act, 21 USC 802.

DISCHARGE (Drinking Water Source Protection Ordinance): Shall mean and include, but not be limited to, spilling, leaking, seeping, pouring, injecting, emitting, emptying, disposing, releasing, or dumping regulated substances to the soils, air, groundwaters, or surface waters of the city. Discharge does not include the use of a regulated substance in accordance with the appropriate use intended or specified by the manufacturer of the substances provided that such use is not prohibited by federal, state, or local regulations. Discharge shall not include releases specifically authorized by federal or state permits.

DISCO, DISCOTHEQUE: See definition of Dance Hall.

DISTANCE BETWEEN RESIDENTIAL STRUCTURES: The shortest distance between the vertical walls of two (2) residential structures as herein defined.

DISTRIBUTOR: The person responsible for placing and maintaining a newsrack in a public right of way or private property.

DISTRICT: Any district delineated on the official zoning district map under the terms and provisions of this code (or which may hereinafter be created subsequent to the enactment of this code) for which regulations are specified governing the area, height, use of buildings, or use of land, and other regulations relating to development or maintenance of existing uses or structures.

DITCH: A manmade channel other than a modified stream constructed for drainage purposes that is typically dug through interstream divide areas. A ditch, which is subservient to a canal, may have flows that are perennial, intermittent, or ephemeral and may exhibit hydrological or biological characteristics similar to perennial streams. For purposes of this code, a ditch will typically have a width of five feet (5') or less.

DOMESTIC STAFF: Persons employed or residing on the premises of a dwelling or other residential facility to perform domestic services or to assist residents in performing daily life activities.

DOMESTIC VIOLENCE TREATMENT PROGRAM: See definition of Human Services Programs Or Facilities.

DOUBLE FRONTAGE LOTS: See definition of Lot, Double Frontage.

DRINKING WATER SOURCE PROTECTION ZONE: An area within which certain practices are mandated to protect groundwater flowing to public drinking water wells.

DRINKING WATER SUPPLY SPRING: A drinking water spring to supply water which has been permitted or intended for consumptive use.

DRINKING WATER SUPPLY WELL: A drinking water well to supply water which has been permitted or intended for consumptive use.

DRIP EMITTER: A drip irrigation fitting that delivers water slowly at the root zone of the plant, usually measured in gallons per hour.

DRIVE-THROUGH, ACCESSORY: A facility, building feature, or equipment at which an occupant of a vehicle may make use of the primary service or business without leaving their vehicle, when accessory to a principal use of the property. This term does not include carwash or automotive service or self-service facilities.

DRIVEWAY: A private roadway providing access for vehicles to a parking space, garage, dwelling, or other structure.

DWELLING: Any structure designed or used for residential purposes that has been constructed to comply with applicable building codes, such as the national manufactured housing construction and safety standards act (42 USC 5401 et seq. (1976)), or the HUD code. A dwelling does not include accessory dwelling units, hotels, motels, bed and breakfast facilities, etc., or structures used for or under short term residential leases.

DWELLING, DUPLEX: A building designed or arranged to be occupied by two (2) families living independently, the structure having only two (2) dwelling units in one ownership. This definition does not include a detached single-family dwelling with an approved accessory dwelling unit.

DWELLING, EARTH SHELTERED: A dwelling built underground and beneath a continuous exterior surface grade for the purpose of energy conservation, having a roof of earthen material, and having its floor at the approximate level of some other exterior grade on one or more sides. Dwellings may be detached, semidetached or attached.

DWELLING, MULTIPLE-FAMILY: A building arranged or designed to include three (3) or more dwelling units, each to be occupied by one family living independently in which they may or may not share common entrances and/or other spaces. Individual units may be owned as condominiums or offered for rent.

DWELLING, MULTIPLE-UNIT: A building or portion thereof designed for occupancy by three (3) or more families living independently in which they may or may not share common entrances and/or other spaces. Individual units may be owned as condominiums or offered for rent.

DWELLING, PLANNED GROUP: Two (2) or more detached buildings used as residences located on a lot that is in single ownership and having yards, courts, or facilities in common.

DWELLING, SINGLE-FAMILY: A building arranged or designed to include only one dwelling unit occupied by one family (see definition of Family), including an accessory dwelling unit which may be approved as provided elsewhere in this code.

DWELLING UNIT: One or more rooms in a building or portion thereof designed, occupied, or intended as a residence for a family with complete and independent facilities for living, sleeping, eating, cooking, and sanitation provided within the dwelling unit. See also definition of Dwelling, Single-Family. (Ord. 12-15, 7-11-2012; amd. Ord. 16-05, 6-1-2016; Ord. 20-12, 4-15-2020; Ord. 21-10, 5-19-2021; Ord. 21-13, 9-15-2021; Ord. 23-02, 2-15-2023)

EPA: The U.S. environmental protection agency.

EARTH STATION: Any apparatus or device commonly known as an earth terminal antenna, earth terminal, satellite communication antenna, satellite antenna, microwave dish antenna, satellite television antenna, or dish antenna which is designed for the purpose of transmitting and/or receiving radio, television, satellite, microwave, or other electromagnetic energy signals, but does not include conventional television, radio, and amateur radio antennas.

EASEMENT: That portion of a lot or lots reserved for present or future use by a person or agency other than the legal fee owner(s) of the property. The easement may be for use under, on or above said lot or lots.

EDUCATIONAL FACILITY WITH HOUSING: Any public, parochial, private, charitable, or nonprofit school, junior college, or university, including instructional and recreational uses, with living quarters, dining rooms, restaurants, heating plants, and other incidental facilities for students, teachers, and employees.

ELDERLY PERSON: For the purposes of this title, an elderly person, to qualify for residence within a residential facility for elderly persons, shall mean a person who is fifty five (55) years old or older.

ELECTRONIC MESSAGE CENTER: Electronic message center signs are computerized programmable electronic visual communication devices. They are capable of storing and displaying multiple messages in dozens of formats and at regular or varying intervals.

ELEEMOSYNARY: Related to and supported by charity.

EMBALMING FACILITY: See definition of Crematory, Embalming Facility.

END STAGE RENAL DISEASE FACILITY: See definition of Healthcare Facilities.

EQUESTRIAN FACILITIES: Commercial horse, donkey, and mule facilities including horse ranches, boarding stables, riding schools and academies, horse exhibition facilities, and park stations. This land use includes barns, stables, corrals, and paddocks accessory and incidental to the above uses.

EQUITY CLUB: See definition of Alcoholic Beverage Establishments: Equity Clubs.

EVAPOTRANSPIRATION (ET): The quantity of water evaporated from adjacent soil surfaces and transpired by plants during a specific time, expressed in inches per day, month, or year.

EXCAVATION: The removal of earth from its natural position or the cavity resulting from the removal of earth.

EXPANSIVE SOIL: Soil characterized by claylike material that shrinks and swells as it dries or becomes wet and is generally found in areas that historically were a floodplain or lake, but can occur in hillside areas also.

EXPOSITION/CONVENTION CENTER: A stand alone facility, not part of a larger development, designed to accommodate five thousand (5,000) or more persons and used for conventions, consumer shows, trade shows, conferences, seminars, product displays, recreation activities and entertainment functions, along with accessory functions including temporary outdoor displays, indoor dances, holiday celebrations, and food and beverage preparation and service for on premises consumption.

EXPOSITION HALL/CENTER: See definition of Exposition/Convention Center.

EXTRA DROUGHT TOLERANT PLANT: A plant that can survive without irrigation throughout the year once established, although supplemental water may be desirable during drought periods for improved appearance and disease resistance. (Ord. 12-15, 7-11-2012; amd. Ord. 16-05, 6-1-2016; Ord. 21-13, 9-15-2021)

FEMA: Federal emergency management agency.

FACE OF BUILDING: The wall of a building fronting on a street excluding any appurtenances, such as projecting fins, columns, pilasters, canopies, marquees, showcases, or decorations, but including the parapet wall.

FAMILY:

   A.   Groupings: A person living alone or any of the following groups living together as a single nonprofit housekeeping unit and sharing common living, sleeping, cooking and eating facilities:

      1.   Any number of people who are all related by blood, marriage, adoption, or court sanctioned guardianship together with any incidental domestic or support staff who may or may not reside on the premises;

      2.   Three (3) or fewer unrelated people; or

      3.   Two (2) unrelated adults and any children related to them.

   B.   Exceptions:

      1.   Any group of individuals whose association is temporary in nature lasting no more than thirty (30) days, such as out of town visitors.

      2.   Any reasonable accommodation granted by the Taylorsville planning commission pertaining to a residential facility for elderly persons or persons with a disability.

FARM ANIMALS: Animals other than household pets that may, where permitted, be kept and maintained for commercial production and sale and/or for family food production, education, or recreation. Farm animals are identified by these categories: large animals, e.g., horses and cattle; medium animals, e.g., sheep, goats; small animals, e.g., rabbits, chinchillas, chickens, turkeys, pheasants, geese, ducks, pigeons, and Vietnamese potbellied pigs. Pigs are not permitted to be kept within the city except as specifically allowed.

FARMERS' MARKET: A consortium of three (3) or more individual produce growers, and/or manufacturers of whole grain products who meet on a regular basis at a central location within a structure or open area to sell farm produce.

FENCE: Any tangible barrier, an obstruction of any material, a line of obstacles, latticework, screen, wall, hedge, or continuous growth of shrubs or trees with the purpose of, or having the effect of, preventing passage or view across a fence line.

FILL: Earth materials used as a manmade deposit to raise an existing grade, or shall mean the depth or the volume of such material. The reference for a fill shall be measured from natural to finished grade.

FINAL GRADING: The last stage of grading a soil or gravel material prior to landscaping, the installation of concrete or bituminous paving, or other required final surfacing material.

FINAL PLAT: A plat and supporting documents, prepared in accordance with the provisions of this title and prepared for recording in the Salt Lake County Recorder's Office.

FINANCIAL OFFICE: A bank, savings and loan, credit union, depository institution, mortgage office, or automated teller machine (ATM).

FIREWORKS: Class C explosives as described in Utah Code Annotated section 53-7-202.

FISCAL IMPACT ANALYSIS: Often used interchangeably with the term cost revenue analysis. Fiscal impact analysis describes the current or anticipated effect upon the public costs and revenues of a local government imposed by a residential or commercial development.

FLAG LOT: A lot that has access to a public right-of-way by means of a narrow strip of land.

FLEA MARKET: A market, indoors or out of doors, where any person or aggregation, congregation, or assembly of vendors offer for sale, trade, or barter any goods, regardless of whether they are new or used, from individual locations, with each location being operated independently from the other locations. The term does not include the outside display of merchandise as an incidental part of retail activities regularly conducted from a permanent building on sidewalks or other areas immediately adjacent to, and upon the same lot as, such building. The term also does not include merchandise sold at temporary events such as farmers' markets, festivals, or other special events at which the display and sale of merchandise is incidental to the primary cultural, informational or recreational activity.

FLOOD INSURANCE RATE MAP (FIRM): The official map on which the Federal Emergency Management Agency has delineated both the areas of special flood hazards and the risk premium zones applicable to the City.

FLOOD INSURANCE STUDY: The official report provided by the Federal Emergency Management Agency that includes flood profiles, the flood boundary-floodway map, and the water surface elevation of the base flood.

FLOOD OR FLOODING: A general and temporary condition of partial or complete inundation of normally dry land areas from:

   A.   The overflow of inland waters; and/or

   B.   The unusual and rapid accumulation or runoff of surface waters from any source.

FLOODPLAIN: Land that is within the 100-year floodplain designated by the Federal Emergency Management Agency; or has not been studied or designated by the Federal Emergency Management Agency but presents a likelihood of experiencing chronic flooding or catastrophic flood event because the land has characteristics that are similar to those of a 100-year floodplain designated by the Federal Emergency Management Agency.

FLOODPLAIN, 100-YEAR (Intermediate Regional Flood): A designated area where a flood whose peak flow magnitude has about a one percent (1%) chance of being equaled or exceeded in any year. The flood within a floodplain is based on statistical analysis of stream flow records available for the watershed and analysis of rainfall and runoff characteristics in the general region of the watershed. The flood would have an average frequency of occurrence of about once in one hundred (100) years.

FLOODWAY: The channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than one foot (1').

FLOOR AREA: The total gross floor area of the building or structure, but not including any area within the building utilized for the required off street parking spaces.

FOOD TRUCKS/CATERING TRUCKS AS MOBILE BUSINESSES: The use of a commercial vehicle that is equipped in any manner for the purpose of transporting food to be sold directly from such vehicle. The business may conduct all or part of its operations on premises other than its own. The term "mobile business" shall not include any business involved in construction, home or building improvement, landscape construction, surveying or medical related activities, including veterinary services. The simple delivery of goods shall not constitute a mobile business.

FRATERNAL CLUB: See definition of Alcoholic Beverage Establishments: Fraternal Clubs.

FRATERNITY OR SORORITY HOUSE: A building occupied by and maintained exclusively for students affiliated with an academic or professional college or university or other recognized institution of higher learning, who are associated together in a fraternity/sorority that is officially recognized by such institution and who receive lodging and/or meals on the premises for compensation.

FRONT LOADED GARAGE: A "subservient" (secondary or deemphasized, i.e., located behind the front line of the building) parking structure designed for access from the street, either attached to the dwelling, or detached to the side or rear of the dwelling.

FRONTAGE: The width of a lot or parcel abutting a public or private right-of-way measured at the front setback line.

FUNERAL HOME: See definition of mortuary. (Ord. 12-15, 7-11-2012; amd. Ord. 15-02, 1-21-2015; Ord. 16-05, 6-1-2016; Ord. 18-26, 10-17-2018)

GARAGE, PRIVATE: A detached accessory building or portion of a main building for the parking or temporary storage of vehicles of the occupants of the premises.

GARAGE SALE: Any sale, open to the public, conducted from or on a premises in any Residential Zone for the purpose of disposing of personal property and lasting no longer than three (3) consecutive days.

GENERAL ACUTE HOSPITAL: See definition of healthcare facilities.

GEOLOGIC HAZARD: Land that may include surface fault rupture, shallow groundwater, liquefaction, a landslide, debris flow, unstable soil, rockfall, or any other geologic condition that presents a risk to life; of substantial loss of real property; or of substantial damage to real property.

GLAZING CONTRACTOR: An establishment primarily engaged in installing glass panes in prepared openings (i.e., glazing work) and other glasswork for buildings and produces a minimum of noise, vibration, or other potentially disturbing effects.

GRADE: The average level of the finished surface of the ground adjacent to the exterior walls of the building.

GRADE, HIGHEST ADJACENT: The highest natural elevation of the ground surface prior to construction next to the proposed wall of a structure.

GRADING: Either an excavation or fill, or the act of excavating or filling.

GRAFFITI: Plural of graffito. Markings, initials, inscriptions, slogans, drawings, etc., scratched, scribbled, painted or drawn, often crudely, on a wall or other surface.

GRAVEL PARKING AREA: A six inch (6") gravel base complying with City specifications may be used for the storage of recreational vehicles only.

GROSS ACREAGE: The total area of the development site, including all rights-of-way.

GROSS LEASABLE AREA (GLA): The total floor area of a retail business designed for tenant occupancy and exclusive use, including basements, mezzanines and upper floors, expressed in square feet as measured from the centerline of joint partitions and from outside wall faces.

GROUND COVER: Material planted in such a way as to form a continuous cover over the ground that can be maintained at a height no more than twelve inches (12").

GROUNDWATER: Any water which may be drawn from the ground.

GROUNDWATER DISCHARGE AREA: An area where the direction of groundwater movement is upward from the principal aquifer to the shallow unconfined aquifer. Discharge areas, determined by the United States Geological Survey (USGS).

GROUNDWATER DIVIDE: A ridge in the water table or potentiometric surface, from which groundwater moves away in both directions.

GROUNDWATER TOT: Time of travel for groundwater.

GUESTHOUSE: A detached living quarters located within an accessory building that is subordinate to, and located on the same premises with, a primary dwelling, occupied solely by members of the family and temporary guests. Such facilities shall not be rented independently from the main dwelling unit. (Ord. 13-28, 11-6-2013; amd. Ord. 18-26, 10-17-2018; Ord. 23-02, 2-15-2023)

HUD CODE: The National Manufactured Housing Construction and Safety Standards Act, 42 USC section 5401 et seq.

HALF PIPE RAMP: A smooth surfaced outdoor structure shaped like a trough and used in gravity extreme sports such as snowboarding, skateboarding, freestyle BMX, or in-line skating. The structure is usually wood, although sometimes the surface is made of another material. Appearance wise, it resembles a cross section of a swimming pool, and in its most basic form, it consists of two (2) concave ramps (or quarter pipes), topped by copings and decks, facing each other across a transition.

HANDBILL: Any small printed sheet to be distributed (as for advertising) by hand.

HANDICAPPED PERSON: See definition of disabled/disability.

HANDLE: To use, generate, process, produce, package, treat, store, or transport a regulated substance in any fashion.

HARDSCAPE: Durable landscape materials, such as concrete, wood, pavers, stone, or compacted inorganic mulch.

HAZARD TREE: See definition of tree, hazard.

HAZARDOUS WASTE: A hazardous waste as defined by the Environmental Protection Agency (EPA).

HEALTH CLUB: See definition of recreation, indoor or recreation, outdoor.

HEALTHCARE FACILITIES:

Ambulatory Surgical Facility: A freestanding State licensed facility, which provides surgical services to patients not requiring hospitalization.

Assisted Living Facility: See definition of assisted living facility.

Birthing Center: A freestanding State licensed facility with five (5) or fewer birth rooms, receiving maternal clients and providing care during pregnancy, delivery, and immediately after delivery.

End Stage Renal Disease Facility: A State licensed facility which furnishes staff assisted kidney dialysis services, self- dialysis services, or home dialysis services on an outpatient basis.

General Acute Hospital: A State licensed facility which provides diagnostic, therapeutic, and rehabilitative services to both inpatients and outpatients by or under the supervision of physicians.

Home Health Agency: A State licensed agency, organization, or facility or a subdivision of an agency, organization, or facility which employs two (2) or more direct care staff persons who provide licensed nursing services, therapeutic services of physical therapy, speech therapy, occupational therapy, medical social services or home health aide services on a visiting basis. "Home health agency" does not mean an individual who provides services under the authority of a private license.

Hospice: A program of care for the terminally ill and their families which occurs in a home or in a healthcare facility and which provides medical, palliative, psychological, spiritual, and supportive care and treatment.

Nursing Care Facility: A State licensed healthcare facility, other than a general acute or specialty hospital, constructed, licensed, and operated to provide patient living accommodations, twenty four (24) hour staff availability, and at least two (2) of the following patient services: a) a selection of patient care services, under the direction and supervision of a registered nurse, ranging from continuous medical, skilled nursing, psychological, or other professional therapies to intermittent health related or paraprofessional personal care services; b) a structure, supportive social living environment based on a professionally designed and supervised treatment plan, oriented to the individual's habilitation or rehabilitation needs; or c) a supervised living environment that provides support, training or assistance with individual activities of daily living. ("Activities of daily living" means essential activities including: a) dressing; b) eating; c) grooming; d) bathing; e) toileting; f) ambulation; g) transferring; and h) self- administration of medication.)

Small Healthcare Facility: A four (4) to sixteen (16) bed State licensed facility that provides licensed healthcare programs and services to residents who generally do not need continuous nursing care or supervision.

Specialty Hospital: A State licensed facility which provides specialized diagnostic, therapeutic, or rehabilitative services in the recognized specialty or specialties for which the hospital is licensed.

HILLSIDE AREA: Any property with a slope of thirty percent (30%) or greater.

HOME-BASED MICROSCHOOL: an individual or association of individuals that: registers as a business entity in accordance with state and local laws; and for compensation, provides kindergarten through grade twelve (12) education services to sixteen (16) or fewer students from an individual's residential dwelling, accessory dwelling unit, or residential property. "Home-based microschool" does not include a daycare.

HOME HEALTH AGENCY: See definition of healthcare facilities.

HOME OCCUPATION: A business, occupation, profession, operation, managing or carrying on of a business for the purpose of economic gain, which activity that is clearly incidental, secondary, and subordinate to the residential use of the dwelling and property by a bona fide resident of the dwelling. A home occupation shall not be construed to mean an employee, working in their own home in the service of an employer whose principal place of business is licensed at another location within the City or elsewhere. A home occupation shall not be construed to mean an individual making deliveries of products which were ordered in advance.

HOMELESS SHELTER: Charitable lodging or sleeping rooms provided on a daily or other temporary basis to persons lacking other safe, sanitary or affordable shelter. May also include a kitchen and cafeteria.

HOSPICE: See definition of healthcare facilities.

HOSPITAL: An institution licensed by the State of Utah which provides diagnostic, therapeutic, and rehabilitative services to individuals on both an inpatient and outpatient basis by or under the supervision of one or more physicians. Any medical clinic or professional office which offers any inpatient or overnight care, or operates on a twenty four (24) hour basis shall be considered to be a hospital. A hospital may include integral support service facilities such as laboratories, outpatient units and training and central services, together with staff offices necessary to the operation of the hospital. Includes both general acute and specialty hospitals and must be licensed by the Utah Department of Health pursuant to the Health Care Facility Licensing and Inspection Act.

HOTEL: An establishment providing, for a fee, sleeping accommodations and customary lodging services including maid service, the furnishing and upkeep of furniture and bed linens, telephone and desk service. Related ancillary uses may include, but not be limited to, conference and meeting rooms, restaurants, lounge, retail, and recreational facilities.

HOUSEHOLD PETS: No more than two (2) adult dogs, cats, or ferrets of any one species and no more than a total of four (4) dogs, cats, ferrets in any combination on a nonnuisance basis for family use only (noncommercial) are allowed except for fancier's permit, hobby permit, foster animals permit, or feral cat colony permit as set forth in title 8 of the Taylorsville Code.

HOUSEKEEPING UNIT: A family or group of individuals who:

   A.   Share a strong bond or commitment to a single purpose (e.g., members of a religious order). The relationship must be of a permanent and distinct character with a demonstrable and recognizable bond characteristic of a cohesive unit;

   B.   Are not legally dependent on others not living with them;

   C.   Share a single household budget;

   D.   Prepare food and eat together on a regular basis;

   E.   Share in the work of maintaining the premises;

   F.   Legally share in the ownership or possession of the premises, e.g., tenants in common on a deed or cosigners of a single lease; and

   G.   Does not include a common living arrangement whose basis for the establishment of the housekeeping unit is temporary or financial in nature.

HUMAN SERVICES PROGRAMS OR FACILITIES:

Adult Daycare: Continuous care and supervision for three (3) or more adults eighteen (18) years of age and older for at least four (4) but less than twenty four (24) hours a day, that meets the needs of functionally impaired adults through a comprehensive program that provides a variety of health, social, recreational, and related support services on a protective setting.

Child Placing: An operation licensed by the State of Utah for receiving, accepting, or providing custody or care for any child under eighteen (18) years of age, temporarily or permanently, for the purpose of: a) finding a person to adopt the child; b) placing the child temporarily or permanently in a home for adoption; or c) foster home placement.

Day Treatment: An operation licensed by the State of Utah as "day treatment" for specialized treatment for less than twenty four (24) hours a day for four (4) or more persons who are unrelated to the owner or provider and who have emotional, psychological, developmental, physical, or behavioral dysfunctions, impairments, or chemical dependencies. Day treatment is provided in lieu of, or in coordination with, a more restrictive residential or inpatient environment or service.

Domestic Violence Treatment Program: An operation licensed by the State of Utah as a nonresidential program designed to provide psychological treatment and educational services to perpetrators and victims of domestic violence.

Outpatient Treatment: An operation licensed by the State of Utah as "outpatient treatment" for individual, family or group therapy or counseling designed to improve and enhance social or psychological functioning for those whose physical and emotional status allows them to continue functioning in their usual living environment.

Residential Support:

   A.   An operation licensed by the State of Utah as "residential support" to arrange for or provide the necessities of life as a protective service to individuals or families who are disabled or who are experiencing a dislocation or emergency which prevents them from providing these services for themselves or their families. Treatment is not a necessary component of residential support.

   B.   Arranging for or providing the necessities of life as a protective service to individuals or families who are disabled or who are experiencing a dislocation or emergency that prevents them from providing these services for themselves or their families.

Residential Treatment: An operation licensed by the State of Utah as "residential treatment" as a twenty four (24) hour group living environment for four (4) or more individuals unrelated to the owner or provider that offers room or board and specialized treatment, rehabilitation or habilitation services for persons with emotional, psychological, developmental, or behavioral dysfunctions, impairments, or chemical dependencies. In residential treatment, individuals are assisted in acquiring the social and behavioral skills necessary for living independently in the community.

Resource Family Home: An operation licensed by the State of Utah as a "resource family home" to provide services to a child in the custody of the State and includes a foster care home and a legal risk home.

Secure Treatment: An operation licensed by the State of Utah as "secure treatment" as a twenty four (24) hour specialized residential treatment or care for persons whose current functioning is such that they cannot live independently or in a less restrictive environment. Secure treatment differs from residential treatment to the extent that it requires intensive supervision, locked doors, and other security measures which are imposed on residents with neither their consent nor control.

Social Detoxification: An operation licensed by the State of Utah as social detoxification for short term residential services for persons who are intoxicated, that are provided outside of a healthcare facility licensed under Utah Code Annotated title 26, chapter 21, Health Care Facility Licensure and Inspection Act, and that include: a) room and board for persons who are unrelated to the owner or manager of the facility; b) specialized rehabilitation to acquire sobriety; and c) aftercare services.

Support Staff: Persons employed or residing on the premises of a dwelling or other healthcare facility to assist residents in performing daily life activities or to provide on site treatment, rehabilitation, or habilitation services.

Youth Program: An operation licensed by the State of Utah as "Youth Program" as a nonresidential program designed to provide behavioral, substance abuse, or mental health services to minors that: a) services either adjudicated or nonadjudicated youth; b) charges a fee for its services; c) may or may not provide host homes or other arrangements for overnight accommodation of the youth; d) may or may not provide all or part of its services in the outdoors; e) may or may not limit or censor access to parents or guardians; f) prohibits or restricts a minor's ability to leave the program at any time of his own free will; and g) will not apply to recreational programs such as Boy Scouts, Girl Scouts, 4-H, and other such organizations.

HYDROZONE: A portion of the landscaped area having plants with similar water needs, areas with similar microclimate, i.e., slope, exposure, wind, etc., and soil conditions and areas that will be similarly irrigated. A hydrozone can be served by one irrigation valve or a set of valves with the same schedule.

(Ord. 12-15, 7-11-2012; amd. Ord. 18-26, 10-17-2018; Ord. 23-02, 2-15-2023; Ord. 23-08, 6-21-2023; Ord. 24-05, 8-21-2024)

IMPERVIOUS MATERIAL: Material that is impenetrable by water.

IMPROVEMENTS: Streetscapes, curbs, gutters, sidewalks, utilities, grading, pavings, landscaping, water and sewer systems, drainage systems, fences, fire hydrants, streetlights, public facilities, amenities and other such requirements of this title.

INDEPENDENT APARTMENT UNIT: A dwelling unit containing living areas, bedroom areas, kitchen areas and bathrooms, including studio style apartments, varying in square footage from six hundred fifty (650) square feet to two thousand (2,000) square feet, which house one or more people over the age of fifty five (55) in a manner in which they may live independently while receiving one or more meals per day in congregate setting.

INDUSTRY, HEAVY: A use engaged in the basic processing and manufacturing of materials or products, predominantly from extracted or raw materials; or a use engaged in the storage of or manufacturing processes using flammable or explosive materials; or storage or manufacturing processes that potentially involve hazardous or commonly recognized offensive conditions.

INDUSTRY, LIGHT: The manufacturing, compounding, processing, assembling, packaging, or testing of goods or equipment or research activities entirely within an enclosed structure, with no outside storage, serviced by a modest volume (less than 12 trips in 24 hours) of trucks or vans and imposing a negligible impact upon the surrounding environment by noise, vibration, smoke, dust or pollutants.

INDUSTRY, MEDIUM: The manufacturing, compounding, processing, assembling, packaging, or testing, of goods or equipment within an enclosed structure or an open yard that is capable of being screened from neighboring properties, serviced by a modest volume of trucks (less than 12 trips in 24 hours), or other vehicles, and whose environmental impact is within the industrial performance standards.

INSTITUTIONAL BUILDINGS: Shall include, but not be limited to: churches, schools, hospitals, public and quasi-public buildings.

INSTITUTIONAL CARE DEVELOPMENT/FACILITY: A facility constructed, licensed and operated to provide long term or permanent living accommodations, twenty four (24) hour staff availability, and at least two (2) of the following services:

   A.   A selection of resident care services, under the direction and supervision of a registered nurse or other health or human services licensed professional, ranging from continuous medical, skilled nursing, psychological, or other professional therapies to intermittent health related or paraprofessional personal care services;

   B.   A structured, supportive social living environment based on a professionally designed and supervised treatment plan, oriented to the individual's needs; or

   C.   A supervised living environment that provides support, training, or assistance with individual activities of daily living.

The facility must be licensed by either the Utah Department of Health or the Utah Department of Human Services and be operated in accord with all regulations established for licensure.

This definition includes assisted living facilities, hospices, small healthcare facilities, transitional care developments, nursing homes, convalescent homes, rest homes, congregate care facilities, Alzheimer's facilities, and nursing care facilities.

This definition does not include facilities licensed or operating as general acute or specialty hospitals, adult daycare, day treatment, domestic violence treatment program, residential support, residential treatment, secure treatment, youth program, community correctional center, correctional facility, secure correctional facility, rehabilitation/treatment facility, transitional housing facility, protective housing facility or similar facilities.

IRRIGATED LANDSCAPED AREA: All portions of a development site to be improved with planting and irrigation. Natural open space areas shall not be included in the irrigated landscaped area.

IRRIGATION AUDIT: An on site survey of the irrigation system, conduct of a catch-can test to measure system efficiency, and the generation of an irrigation schedule and recommendations to improve irrigation efficiency.

IRRIGATION CONTRACTOR: A person who has been certified by the Irrigation Association to install irrigation systems or as otherwise approved by the Public Utilities Department.

IRRIGATION DESIGNER: A person who has been certified by the Irrigation Association to prepare irrigation system designs, or a landscape architect, or as otherwise approved by the Public Utilities Department.

IRRIGATION EFFICIENCY: The measurement of the amount of water beneficially applied, divided by the total amount of water applied. Irrigation efficiency is derived from measurements and estimates of irrigation system hardware characteristics and management practices.

IRRIGATION PLAN: The plan that shows the components of the irrigation system with water meter size, backflow prevention, rain shutoff device, precipitation rates, flow rate and operating pressure for each irrigation zone, and identification of all irrigation equipment. (Ord. 12-15, 7-11-2012; amd. Ord. 15-08, 10-21-2015, eff. 7-25-2017)

JAIL: See definition of correctional facility.

JURISDICTIONAL WETLANDS: Those areas (within the City) that are inundated or saturated by surface or ground water at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions. Wetlands generally include swamps, marshes, bogs, and similar areas.

JUVENILE DETENTION FACILITY: See definition of correctional facility.

JUVENILE RECEIVING CENTER: See definition of correctional facility.

JUVENILE SECURE FACILITY: See definition of correctional facility. (Ord. 12-15, 7-11-2012)

KENNEL:

   A.   A commercial establishment having three (3) or more dogs for the purpose of boarding, breeding, buying, grooming, letting for hire, training for a fee, or selling said dogs.

   B.   Any premises, except where accessory to an agricultural use, where domestic animals, such as dogs and cats, are boarded, trained, or bred.

KIOSK:

   A.   A freestanding structure upon which temporary information and/or posters, notices, and announcements are posted.

   B.   A freestanding building with one or more open sides from which commercial activities are conducted, such as the sale of food, flowers, newspapers, or other goods approved by the City.

KITCHEN: Any room or portion of a room designed, built, used, or intended to be used for food preparation and dishwashing, but not including a bar, butler's pantry, or similar room adjacent to or connected with a kitchen. The presence of a range or oven, or utility connections suitable for servicing a range or oven in conjunction with a sink shall normally be considered as establishing a kitchen. (Ord. 12-15, 7-11-2012)

LANDSCAPE ARCHITECT: A person who holds a certificate to practice landscape architecture in the State of Utah.

LANDSCAPE DESIGNER: A person who has been certified by the Utah Nursery and Landscape Association to prepare landscape plans or as otherwise approved by the Public Utilities Department.

LANDSCAPE EDUCATION PACKAGE: A package of documents that is intended to inform and educate water users in the City about water efficient landscapes. The package includes the principles of water efficient landscape design, a listing of water conserving plants, a listing of certified landscape designers, landscape architects, certified irrigation designers, certified irrigation contractors, an information packet about various area demonstration projects, city's water rates, billing format for water use, and the economics of installing and maintaining a water efficient landscape.

LANDSCAPE IRRIGATION AUDITOR: A person who has been certified by the Irrigation Association to conduct a landscape irrigation audit or as otherwise approved by the public utilities department.

LANDSCAPE PLAN: A plan showing the proposed location, type and size of all trees, shrubs and ground covers to be planted on the site as well as a complete water efficient irrigation system plan.

LANDSCAPE PLAN DOCUMENTATION PACKAGE: The preparation of graphic and written criteria, specifications, and detailed plans to arrange and modify the effects of natural features such as plantings, ground and water forms, circulation, walks, and other features to comply with the provisions of this title. The landscape plan documentation package shall include a project data sheet, a planting plan, an irrigation plan, a grading plan, a soils report, a landscape water allowance, and an irrigation schedule.

LANDSCAPE WATER ALLOWANCE: For design purposes, the upper limit of annual applied water for the established landscaped area. It is based upon the local reference evapotranspiration rate, the ET adjustment factor, and the size of the landscaped area.

LANDSCAPING: Any combination of living plants such as trees, shrubs, vines, ground covers, flowers, turf or ornamental grass; natural features such as rock, stone, or bark chips; and structural features, including, but not limited to, fountains, reflecting pools, outdoor artwork, screen walls, fences, or benches.

LANDSCAPING, DRY: The finishing and adornment of yard areas solely by use of rocks, fountains, lanterns, benches, decorative paving, etc., and not including growing or planted materials.

LANE, PRIVATE: A right of way or easement in private ownership, not dedicated or maintained as a public street, that serves one or two (2) lots, or is less than one hundred fifty feet (150') in length.

LAWN: Ground that is covered with grass or turf that is regularly mowed.

LICENSE REVIEW BOARD: Persons appointed by the mayor, or his designee, to serve as a review board for category II home occupation licenses and as a board of appeals for denied, suspended or revoked home occupation licenses. It shall be convened by the community development director when necessary for review or appeal as set forth in this title. Board members are comprised of two (2) members from each of the following departments: the fire department, police department, and community development department and three (3) city residents. There must be at least five (5) attending board members and a majority of concurring votes to approve or deny any measure set before the license review board.

LIQUOR: Alcohol, or any alcoholic, spirits, vinous, fermented, malt or other liquid or combination of liquids, a part of which is spirits, vinous, or fermented and all other drinks or drinkable liquids, which contain more than 1/2 of 1% of alcohol by volume which is suitable to use for beverage purposes; except that the term liquor shall not include any beverages defined as beer, malt liquor, or malted beverage that has an alcohol content of less than four percent (4%) alcohol volume.

LIVE/WORK UNITS: Mixed use development within a building, which incorporates retail commercial or individual offices on the ground level, residential use on upper levels, with direct access between uses and levels.

LOT: A legal parcel of land occupied or to be occupied by a main building or group of main buildings and accessory buildings together with such yards, open spaces, frontage, lot width, and lot area as are required by ordinance.

    TYPES OF LOTS

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

LOT COVERAGE: The area of a lot covered by a building, structure, accessory building, accessory structure, or impervious surface.

LOT, DOUBLE FRONTAGE: A lot having frontage on two (2) nonintersecting streets, as distinguished from a corner lot.

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

LOT, IRREGULAR: A building lot whose rear property line is not generally parallel to the front property line such as a pie shaped lot on a cul-de-sac, or where the side property lines are not parallel to each other.

LOWEST FLOOR: The lowest floor of the lowest enclosed area (including basement). An unfinished or flood resistant enclosure, usable solely for parking of vehicles, building access or storage, in an area other than a basement area, is not considered a building's lowest floor, provided that such enclosure is not built so as to render the structure in violation of the applicable nonelevation design requirements of this title.

(Ord. 12-15, 7-11-2012; amd. Ord. 16-05, 6-1-2016; Ord. 23-08, 6-21-2023)

MAINTENANCE FACILITY: Any building, premises, or land upon which a private business, service, industry or unit of government (other than police or fire agencies): a) services or maintains motor vehicles; or b) stores vehicles or equipment used for servicing off site facilities or infrastructure.

MAJOR SPORTS VENUE: A stadium or similar building, with at least twenty thousand (20,000) fixed seats, in which a professional sporting competition, concert, or other similar event is held.

MANUFACTURED HOME: A transportable factory built housing unit constructed on or after June 15, 1976, according to the HUD Code, in one or more sections, which: a) in the traveling mode, is eight feet (8') or more in width or forty (40) body feet or more in length, or when erected on site, is four hundred (400) or more square feet; and b) is built on a permanent chassis and designed to be used as a dwelling with or without a permanent foundation when connected to the required utilities, and includes the plumbing, heating, air conditioning, and electrical systems. Manufactured homes shall be identifiable by the manufacturer's data plate bearing the date the unit was manufactured and a HUD label attached to the exterior or the home certifying the home was manufactured to HUD standards.

MANUFACTURED/MOBILE HOME PARK: A residential development in which owners of mobile homes may rent, lease, or own a lot on which to place their home. Such developments may provide all of the amenities and improvements round in planned developments.

MARKET STUDY: A study or related aggregate data review to establish the number of potential users of a commercial facility or the size of a market area.

MARQUEE: A permanent roofed structure over the entrance to a building often bearing an advertising sign. This structure is designed to meet all provisions of the current International Building Code and other specifications as outlined in this title. Where specifications in this title and the International Building Code as adopted by the City differ, the more restrictive shall apply.

MASSAGE THERAPY: See definition of soft tissue and physical therapy.

MAUSOLEUM: See definition of cemetery, columbarium, mausoleum.

MEDICAL AND HEALTHCARE OFFICE: A building used exclusively by physicians, dentists, and other healthcare personnel for the treatment and examination of patients on an outpatient basis.

MICRO-EDUCATION ENTITY: A person or association of persons that registers as a business entity in accordance with state and local laws; and for compensation, provides kindergarten through grade 12 education services to 100 students or fewer. "Micro-education entity" does not include: a daycare; a home-based microschool; a private school; or a school within the public education system.

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

MIXED USE DEVELOPMENT: A residential development project that includes one or more of the following land uses: retail, service, commercial, or office; and which, vertically or horizontally, 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.

MIXED USE, HORIZONTAL: Commercial and residential uses, etc., which are in close proximity to each other and designed in a pedestrian scale, but not necessarily within the same building structures.

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

MIXED USE STRUCTURE: A building which comprises a mixture of two (2) or more land uses within a single building. Buildings in this definition include mixed use commercial/residential, mixed use commercial/office, and mixed use office/residential with the commercial and office uses being located on the ground floor with one or more stories of residential or office above.

MIXED USE, VERTICAL: Commercial, office, or residential uses, etc., designed in a manner which uses are within close proximity to each other within the same building structure.

MOBILE HOME: A transportable factory built housing unit built prior to June 15, 1976, in accordance with a State Mobile Home Code which existed prior to the HUD code.

MODEL HOME: A dwelling temporarily used as a sales office for a residential development under construction; said home being used for on site sales and not for general real estate business.

MODULAR HOME/UNIT: A structure built from sections which are manufactured in accordance with the construction standards adopted in the Utah Uniform Building Standards Act and transported to a building site, the purpose of which is for human habitation, occupancy, or use.

MONUMENT, SURVEY: A permanent survey marker established by the Salt Lake County Surveyor and/or a survey marker set in accordance with the City Engineer's specifications and referenced to Salt Lake County survey monuments.

MORTUARY: An establishment in which the dead are prepared for burial or cremation. The facility may include such uses as are associated with, clearly accessory to and supply services to the principal use: a chapel for the conduct of funeral services and spaces for informal gatherings and/or display of funeral equipment, and may also include a retail floral shop, live plant nursery, a facility for the manufacture of cement burial vaults and the sale and engraving of grave markers.

MOTEL: A building or series of buildings in which lodging is offered for compensation, and which is distinguished from a hotel primarily by reason of typically providing direct independent access to, and adjoining parking for, each rental unit.

MULCH: Any material such as bark, wood chips, rocks/stones, or other similar materials left loose and applied to the soil. (Ord. 12-15, 7-11-2012; amd. Ord. 17-11, 4-19-2017; Ord. 18-26, 10-17-2018; Ord. 20-12, 4-15-2020; Ord. 24-05, 8-21-2024)

NATURAL ACCESS CONTROL: Physical design which guides the mobility of people and which decreases crime opportunity and increases perception of risk to potential offenders.

NATURAL STATE: The condition of land which has not been graded, disturbed, or built upon.

NATURAL SURVEILLANCE: Physical design which keeps potential intruders under the perception of continual watch, using "eyes on the street" and visual permeability in architecture, lighting, and landscaping.

NATURAL VEGETATION: Shall include, but not be limited to: orchards, trees, shrubs, lawn, grass and perennial growth.

NATURAL WATERWAYS: Those areas, varying in width along rivers, streams, creeks, springs, gullies, or washes which are natural drainage channels as determined and identified by the City.

NET RESIDENTIAL ACREAGE: All land within a development site devoted exclusively to a residential use.

NEW CONSTRUCTION: Structures for which the "start of construction" commenced on or after the effective date of the original ordinance, and includes any subsequent improvements to such structures.

NEWSRACK:

   A.   Any self-service or coin operated box, container, or other dispenser installed, used, or maintained for the display, distribution and/or sale of newspapers or news periodicals.

   B.   Any self-service or coin operated box, container, storage unit, or other dispenser installed, used, or maintained for the display and sale or free distribution of newspapers or other news periodicals or publications.

NONCONFORMING BUILDING: A building or structure or portion thereof lawfully existing at the time this Code became effective, which was designed, erected, or structurally altered that does not conform to the regulations of the district in which it is located, or a building or structure that does not conform to all the height and area regulations.

NONCONFORMING LOT: A lot whose width, area, or other dimension does not conform to the regulations when this Code became effective. However, proposed structures for such lots shall meet the required setbacks under this Code unless otherwise stipulated by the Hearing Officer.

NONCONFORMING USE: A use which lawfully occupied a building or land at the time this Code became effective and which does not now conform with the use regulations.

NONDEPOSITORY INSTITUTION: A financial business, other than a depository institution such as a bank, credit union, mortgage lender or savings and loan association, that is registered by the State of Utah pursuant to the Check Cashing Registration Act or the Title Lending Registration Act. Specifically included are the following:

   A.   Check Cashing Business:

      1.   A person or business that for compensation engages in cashing a check for consideration or extending a deferred deposit loan. "Check cashing business" does not include depository institutions, as defined by the State of Utah. "Check cashing business" also does not include 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 (1%) of the check or one dollar ($1.00), whichever is the lesser, as a service fee that is incidental to its main purpose or business.

      2.   Cashing of checks for consideration or extending a deferred deposit loan and shall include any other similar types of businesses by the State pursuant to the Check Cashing Registration Act.

   B.   Payday Loan Business: An establishment providing loans to individuals in exchange for personal checks or assignment of wages as collateral.

   C.   Title Loan Business: An establishment providing short term loans to individuals in exchange for the title of a motor vehicle, motor home, or motorboat as collateral.

   D.   Deferred Deposit Lender: 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 effect 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.

   E.   Other: Also included are any other business that offers deferred deposit loans, title loans, check cashing services and loans for payment of a percentage fee exceeding one percent (1%) of the check or one dollar ($1.00), whichever is the lesser, as a service fee that is incidental to its main purpose or business.

NONDROUGHT TOLERANT PLANT: A plant that will require regular irrigation for adequate appearance, growth, and disease resistance.

NURSING CARE FACILITY: See definition of healthcare facilities.

NURSING HOME: An intermediate care/nursing facility or a skilled 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 twenty four (24) hour per day basis. A nursing home, convalescent home or rest home does not include:

   A.   A residential facility for persons with a disability;

   B.   A residential facility for elderly persons;

   C.   An adult daycare facility; or

   D.   Adult daycare provided in conjunction with a residential facility for elderly persons or a residential facility for persons with a disability. (Ord. 12-15, 7-11-2012; amd. Ord. 18-09, 2-28-2018)

OBSCENE: Material which depicts or describes sexual conduct that is objectionable or offensive to accepted standards of decency which the average person applying contemporary community standards would find, taken as a whole, appeals to prurient interests; or material which depicts or describes, in a patently offensive way, sexual conduct specifically defined by applicable State law, and taken as a whole, lacks serious literary, artistic, political, or scientific value.

OBSERVATION AND ASSESSMENT PROGRAM: See definition of correctional facility.

OFF SITE IMPROVEMENTS: Any improvements that may be required which are not located within the area of the property to be subdivided or developed.

OFFICE:

   A.   A place which is utilized for the conduct of business or of a profession, as distinguished from residential buildings, commercial or retail space, industrial buildings, or recreational facilities. Office buildings can be either single-tenant structures (occupied primarily by a single tenant) or multi- tenant structures containing a variety of tenants.

   B.   Professional or governmental office such as real estate, insurance, accounting, auditing, bookkeeping services; advertising agencies; architectural, engineering, planning, surveying services; attorneys; counseling services; court reporting services; detective agencies; educational, scientific, research organizations; employment, stenographic, secretarial, word processing services; government offices including agency and administrative office facilities; management, public relations, consulting services; photography, commercial art studios; or similar services. Professional office may include medical and healthcare offices.

See also definition of business or financial services.

OFFICE CALL CENTER: A concentrated and centralized office space used for receiving or transmitting a large volume of inbound and/or outbound telephone calls.

OFFICE PARK: A development on a tract of land that contains a number of separate office buildings, supporting uses, and open space designed, planned, constructed, and managed on an integrated and coordinated basis.

OFFICE RESEARCH FACILITY: A building or group of buildings in which office uses are combined with facilities for research, testing, experimentation, assembly, production, manufacturing, processing, packaging, and/or ancillary distribution activities entirely within an enclosed structure, with no outside storage and imposing a negligible impact upon the surrounding environment by noise, vibration, smoke, dust, smell or pollutants.

OFFICIAL STREET MAP: A map drawn by City authorities that shows actual and proposed rights-of-way, centerline alignments, and setbacks for highways and other transportation facilities; provides a basis for restricting development in designated rights-of-way or between designated setbacks to allow the government authorities time to purchase or otherwise reserve the land; and has been adopted as an element of the General Plan.

OPEN SPACE: Land areas that are not occupied by buildings, structures, parking areas, streets or alleys. Open space may be devoted to landscaping, preservation of natural features, forests, and recreational leisure areas and facilities.

OPERATING PERMIT (Drinking Water Source Protection Ordinance): A permit to operate a facility handling regulated substances under this title.

ORDINARY REPAIR: The painting or replacement of existing building materials on or within a structure, provided that such replacement consists of materials which do not alter the integral structure and design of the building. Ordinary repairs do not include changing the building's exterior space/dimension.

OUTDOOR ROOMS: Physical design of buildings, parking lots, open space areas, etc., which breaks up expansive areas and creates the feeling of ownership and safety.

OUTPATIENT TREATMENT: See definition of human services programs or facilities.

OVERLAY ZONE: An area where certain additional requirements are superimposed upon a base zoning district and where the requirements of the base or underlying district may or may not be altered.

OVERSIZED VEHICLE: A motor vehicle, trailer, or boat which by itself or together with another trailer(s) or vehicle(s) attached to exceeds twenty four feet (24') in length, or eight feet (8') in width, or eight feet (8') in height, or is greater than one ton, exclusive of appurtenances such as antennas, air conditioners, luggage racks, and mirrors.

OWNER: Any person, group of persons, firm or firms, corporation or corporations, or any other legal entity having legal title to or sufficient proprietary interest in the land sought to be developed under these regulations, or their legal representative. (Ord. 12-15, 7-11-2012; amd. Ord. 14-01, 1-22-2014; Ord. 16-14, 11-2-2016; Ord. 24-02, 1-3-2024)

PAMPHLET: An unbound printed publication with no cover or with a paper cover.

PAN CHANNEL LETTERING/PAN CHANNEL SIGN:

   A.   Consisting of a metal "pan" that is shaped like a letter. The "pan" houses the electrical and lighting components of the letter and can mount directly to a building's fascia. A plastic face is then attached to the letter pan using trim cap material. The face is typically colored and translucent, enabling the sign to be seen at great distances during the day and light up at night.

   B.   A dimensional letter that has no face and, if illuminated, with the light source visible. A clear face for physical protection of internal components may be used.

PARK AND RIDE FACILITIES: Parking lots or structures located along public transit routes designed to encourage transfer from private vehicles to mass transit or to encourage car pooling for purposes of commuting, or for access to recreation areas. Said facilities shall be appropriately developed and landscaped to City standards, with special attention paid to buffers adjacent to residential properties. Facilities approved as part of existing shopping centers shall have authorization from property owners and shall not adversely impact existing parking ratios.

PARK, PRIVATE: A park, playground, swimming pool, golf course or athletic field available for recreational, educational, cultural, or aesthetic use, which is under the control, operation, or management of private entity not associated with any unit of a government.

PARK, PUBLIC: A park, playground, swimming pool, golf course or athletic field available for recreational, educational, cultural, or aesthetic use, which is under the control, operation, or management of the State, a State agency, the County, or the City.

PARK STRIP:

   A.   The landscape 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. Park strip shall also include tree well sites located within the public right-of-way.

   B.   The area between the sidewalk and the curb of any street, and where there is no sidewalk, the area between the edge of the roadway and the property line adjacent thereto. Park strip shall also include any area within a road right of way that is not open to vehicular travel.

PARKING AREA, RESTRICTED: The area within the front yard of a lot within which the parking of recreational and commercial vehicles is regulated.

PARKING LOT: An open area, other than a street, used for the parking of vehicles.

PARKING SPACE, AUTOMOBILE: Space within a building or private or public parking area, exclusive of driveways, ramps, columns, office and work areas, for the parking of an automobile.

PARKING STRUCTURE/TERRACE: Parking spaces and adjacent access drives, aisles, and ramps that are located in a structure with two (2) or more levels.

PAWNSHOP: Any person, firm, corporation, or business which loans money on deposit of personal property, or deals in the purchase, exchange or possession of personal property on condition of selling the same back again to the pledger or depositor, or loans or advances money on personal property by taking chattel mortgage security thereon, and takes or receives such personal property.

PEDESTRIAN STREET: A street designed for the use of pedestrians, restricting vehicular use to service and emergency vehicles, particularly in areas where retail commercial is on both sides of the street.

PERMANENT MAKEUP: The application of pigments to or under the skin of a human being for the purpose of permanently changing the color or other appearance of the skin. This includes, but is not limited to, permanent eyeliner, eye shadow, lip color, or areola color. This type of land use is typically an ancillary use to a beauty salon. This does not include "tattoo" as defined herein.

PERSON: An individual, firm, partnership, corporation, association, joint venture, governmental entity or other legal entity, and shall include the plural as well as singular.

PETROLEUM PRODUCT: Includes fuels (gasoline, diesel fuel, kerosene, and mixtures of these products), lubricating oils, motor oils (new and used), hydraulic fluids, and other similar petroleum based products.

PLANT NURSERY: A facility used for the growing and the wholesale or retail sale of trees, shrubs, flowers, ground covers, etc. Said use may also include sales of related products, including fertilizers, mulch, landscape decoration, etc.

PLANTING BED: Areas of the landscape that consist of plants, such as trees, ornamental grasses, shrubs, perennials, and other regionally appropriate plants.

PLANTING PLAN: A plan which clearly and accurately identifies and locates new and existing trees, shrubs, ground covers, turf areas, driveways, sidewalks, hardscape features, and fences.

PLAYGROUND: A facility designed for use by children, which may include, but is not limited to, a slide, swing set, climbing bars, one or more basketball standards, hard surface for play, and tether ball. A playground does not include a golf course, full size athletic fields, tennis courts, volleyball court, swimming pool and other similar in size outdoor activities.

PLOT PLAN: A plat of a lot, drawn to scale, showing the actual measurements, the size and location of any existing buildings or buildings to be erected, the location of the lot in relation to abutting streets, and such other information as may be required.

PORCH: See definition of Balcony.

POTENTIAL CONTAMINANT SOURCE (PCS): Any physical, chemical, biological, or radiological substance that enters the hydrological cycle through human action and may cause a deleterious effect on ground or surface water sources; it shall include, but is not limited to, hazardous waste, limiting nutrients, and sanitary sewage.

POTENTIAL GEOLOGIC HAZARD AREA: An area that is designated by a Utah geological survey map, county geologist map, or other relevant map or report as needing further study to determine the area's potential for geologic hazard; or has not been studied by the geological survey or a county geologist but presents the potential of geologic hazard because the area has characteristics similar to those of a designated geologic hazard area.

PRACTITIONER: A medical doctor (surgeon, general practice, orthopedic, midwife, nurse practitioner, etc.) or those who perform dental care (dentist, orthodontist, endodontist, etc.). A practitioner does not include nursing staff, receptionists, dental assistants, rehabilitation specialists and other similar support staff.

PRECIPITATION RATE: The rate at which water is applied per unit of time, usually measured in inches per hour.

PRELIMINARY PLAT: A plat prepared in accordance with this title, showing the design of a proposed subdivision and the existing conditions in and around the subdivision.

PRESCHOOL: An establishment for the instruction of children prior to entrance into kindergarten. The standards applicable to the operation of such a facility are dependent upon the zone in which it is located. If within a home, the preschool must comply with the provisions of the home occupation requirements. If within a commercial location, the preschool must comply with the requirements of the underlying zone.

PRIMARY RECHARGE AREA: The areas depicted on the drinking water source protection map on file in the city.

PRISON: A facility for incarceration of persons convicted of crimes, established and operated by the state of Utah or by private provider pursuant to the provisions of the private correctional facilities act, Utah Code Annotated, as amended.

PRIVATE IMPROVEMENT: Any improvements that are proposed to be maintained other than by the city.

PRIVATE TREE: See definition of Tree, Private.

PROFESSIONAL OFFICE: Professional or governmental office such as real estate, insurance, accounting, auditing, bookkeeping services; advertising agencies; architectural, engineering, planning, surveying services; attorneys; counseling services; court reporting services; detective agencies; educational, scientific, research organizations; employment, stenographic, secretarial, word processing services; government offices including agency and administrative office facilities; management, public relations, consulting services; photography, commercial art studios; or similar services. Professional office may include medical and healthcare offices.

PROTECTION ZONE: The delineation zones of the drinking water source protection zone map.

PROTECTIVE HOUSING FACILITY: A facility operated, licensed or contracted by a governmental entity, or operated by a charitable, nonprofit organization, where, for no compensation, temporary, protective housing is provided to:

   A.   Abused or neglected children awaiting placement in foster care;

   B.   Pregnant or parenting teens;

   C.   Victims of sexual abuse; or

   D.   Victims of domestic abuse.

PUBLIC IMPROVEMENT: Any improvements that are proposed to be maintained by the city, such as curb and gutter, drive approaches, waterways, sidewalks, trails, bike paths, raised medians, asphalt paving, road base, geotextile fabric, painting and striping, and may also include the following:

   A.   Survey monuments.

   B.   Survey rivets.

   C.   Any water system facilities that are proposed to be maintained by the city, such as water main lines, service laterals, meter boxes, fire hydrants, pressure reducing valve stations, and other appurtenances.

   D.   Irrigation and flood control systems.

   E.   Streetlights.

   F.   Landscaping and sprinkling systems.

   G.   Streetscape (trees, benches, etc.).

   H.   Fencing and walls.

   I.   Retaining walls.

   J.   Any other required improvements determined by the city engineer or community development director.

PUBLIC/PRIVATE PARK: An open space, playground, swimming pool, golf course, or athletic field available for recreational, educational, cultural, aesthetic use, or natural areas including, but not limited to, conservation areas, wilderness areas, watershed areas, wildlife refuges, and wetlands which are under the control, operation, or management of a government agency or private entity.

PUBLIC SERVICE: Uses which may be housed in separate buildings or which may occupy a space within a building that are operated by a unit of government to serve public needs such as a library, museum, police (with or without jail), fire service, ambulance, judicial court or government office, but not including public utility stations or maintenance facilities.

PUBLIC UTILITY STATION: A structure or facility, other than a wireless telecommunications facility, used by a public or quasi- public utility agency to store, distribute, generate electricity, gas, telecommunications, and related equipment, or to capture, pump, and to otherwise engage in all aspects of treating and distributing water or effluent. This definition shall not include storage or treatment of solid waste, or hazardous waste.

PUBLIC WATER SYSTEM (PWS): A water system that serves the public.

(Ord. 12-15, 7-11-2012; amd. Ord. 17-07, 4-12-2017; Ord. 19-09, 8-7-2019; Ord. 20-12, 4-15-2020; Ord. 23-08, 6-21-2023)

QUAD HOMES: Residential use structures which comprise four (4) dwelling units, but are designed to architecturally appear as large single-family homes. Design elements include, but are not limited to, back loaded garages, porches, entrances, and sidewalks oriented to the street.

QUASI-PUBLIC: Essentially a public use, although under private ownership or control. (Ord. 12-15, 7-11-2012)

RAIN SHUTOFF DEVICE: A device wired to an automatic controller that shuts off the irrigation system when it rains.

REAR LOADED GARAGE: A “subservient” parking structure designed for access from a private street, alley, or driveway, that is either attached or detached, to the rear of the dwelling.

REASONABLE ACCOMMODATION: A change in a rule, policy, practice, or service necessary to afford a person equal opportunity to use and enjoy a dwelling. As used in this definition:

   A.   “Reasonable” means a requested accommodation will not undermine the legitimate purposes of existing zoning regulations notwithstanding the benefit that the accommodation would provide to a person with a disability.

   B.   “Necessary” means the applicant must show that, but for the accommodation, one or more persons with a disability likely will be denied an equal opportunity to enjoy housing of their choice.

   C.   “Equal opportunity” means achieving equal results as between a person with a disability and a nondisabled person.

RECEPTION CENTER: A building, together with its accessory buildings and premises, which is a place of assembly with the purpose of hosting single contracted private events (not open to the public) either occurring alone or as part of another activity or business. Typical uses include wedding receptions, birthday parties, quinceañeras, conventions, and other similar private events. This definition does not include religious assembly.

RECIPROCAL ACCESS: Where commercial uses share a property line, off street parking lots servicing the properties are made accessible to each other.

RECONSTRUCTED LANDSCAPING: Any existing approved landscaping and irrigation that is removed and replaced as part of new construction.

RECREATION CENTER: An establishment providing a variety of recreation activities including activities that are enclosed within a structure along with outdoor recreational activities on the same premises. Activities may include those identified with indoor recreation, as well as such outdoor activities as miniature golf, amusement rides, slides and swimming pools.

RECREATION, FITNESS CENTER: An establishment providing completely enclosed fitness related activities. Accessory uses may include the preparation and serving of food and/or the sale of equipment related to the enclosed use. This definition may include such uses as swimming pool, aerobics, weight training, diet counseling, indoor running track, etc.

RECREATION, INDOOR: An establishment providing completely enclosed recreation activities. Accessory uses may include the preparation and serving of food and/or the sale of equipment related to the enclosed uses. Included in this definition shall be bowling, roller or ice skating, billiards, swimming pools and related amusements.

RECREATION, OUTDOOR: An area free of buildings except for restrooms, dressing rooms, equipment storage, maintenance buildings, and open air pavilions, and used primarily for recreation activities not involving motor vehicles, animals, or overnight use. This definition shall include semiprivate swimming pools. This definition shall not include ancillary outdoor open space or plazas within a commercial, office, industrial or mixed-use development.

RECREATIONAL VEHICLE: A vehicular unit, other than a mobile home, primarily designed as a temporary dwelling for travel, recreational and vacation use, which is either self-propelled or is mounted on or pulled by another vehicle. In addition, boats, jet skis, snowmobiles, four-wheelers, etc., shall also be considered as recreational vehicles.

RECREATIONAL VEHICLE PARK (TRAVEL TRAILER PARK): Any tract of land where the lots or spaces are rented to recreational vehicle owners or users for a period of time not to exceed thirty (30) consecutive days, and where related services are provided.

RECYCLING MATERIALS COLLECTION/DROP OFF: A facility 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 reuse.

See also definition of evapotranspiration (ET).

REGRADING AND REPAVING: Changing of the established grades of an existing parking lot or paved area which significantly alters the existing grade that was constructed according to an approved site plan.

REGULATED SUBSTANCES (Drinking Water Source Protections Ordinance): Substances (including degradation and interaction products) which because of quantity, concentration, or physical, chemical (including ignitability, corrosivity, reactiveness and toxicity), infectious characteristics, radiomutagenicity, carcinogenicity, teratogenicity, bioaccumulative effect, persistence (nondegradability) in nature, or any other characteristics relevant to a particular material that may cause significant harm to human health and/or environment (including surface and ground water, plants, and animals).

REHABILITATION/TREATMENT FACILITY: A facility licensed by or contracted by the State of Utah to provide temporary occupancy and supervision of adults or juveniles in order to provide rehabilitation, treatment, or counseling services. Without limitation, such services may include rehabilitation, treatment, counseling, or assessment and evaluation services related to delinquent behavior, alcohol and drug abuse, sex offenders, sexual abuse, or mental health. Associated education services may also be provided to juvenile occupants. A rehabilitation/treatment facility does not include a residential facility for persons with a disability.

REIKI: A form of therapy performed on an individual through the hands of a reiki practitioner that uses simple no touch techniques. It does not include the examination, assessment, and evaluation of the soft tissue structures of the body.

RELIGIOUS OR CULTURAL ACTIVITY: A building or buildings owned or maintained by organized religious organizations and nonprofit associations for social, civic or philanthropic purposes, or the purpose for which persons regularly assemble for worship. Uses also included are the public nonprofit display of art, historic or cultural artifacts or other inanimate

exhibits, a building used as a lending library or reading room, seminaries (associated with schools), monasteries and convents. This definition shall not include temporary tents or structures.

RENOVATION: Interior or exterior remodeling or enlargement of a structure, other than ordinary repair.

RESEARCH AND DEVELOPMENT FACILITY: A building or group of buildings in which are located facilities for scientific research, investigation, testing, experimentation, assembly, or repair; but not facilities for the manufacture or sale of products except as incidental to the main purpose of the laboratory. This also includes facilities for scientific laboratory research in technology intensive fields. Examples would include biotechnology, pharmaceuticals, genetics, plastics, polymers, resins, coatings, fibers, fabrics, films, heat transfer, and radiation research facilities or similar uses.

RESEARCH PARK: A large tract of land that has been planned, developed, and operated as an integrated facility for a number of separate buildings and supporting ancillary uses with special attention to circulation, parking, utility needs, aesthetics, and compatibility.

RESIDENCE: A dwelling unit or other place where an individual or family is actually living at a given point in time and not a place of temporary sojourn or transient visit.

RESIDENTIAL ACTIVITY: Any building or structure or portion thereof that is designed for or used for residential purposes and any activity involving the use or occupancy of a lot for residential purposes. Residential activity shall include those customary and accessory residential activities associated with the principal permitted use of a lot for residential purposes as set out in this title.

RESIDENTIAL DENSITY: The average number of dwelling units on one acre of land in a given area.

RESIDENTIAL DENSITY, GROSS: The density obtained by dividing all land in a defined area used for residences, streets, open space, local schools, local parks, and local shopping facilities, into the total number of dwelling units in said area.

RESIDENTIAL DENSITY, NET: The density determined by dividing the total number of dwelling units in a defined area by the total acreage of all parcels of land within the area that are used exclusively for residential and accessory purposes.

RESIDENTIAL FACILITY FOR ELDERLY PERSONS: A dwelling unit owned by a resident thereof or an immediate family member of a resident, or for which the title has been placed in a trust for a resident; and is voluntarily occupied on a twenty four (24) hour per day basis by six (6) or fewer elderly persons in a family type arrangement. A “residential facility for elderly persons” does not include any facility:

   A.   Operated as a business; provided, that such facility shall not be considered to be operated as a business solely because a fee is charged for food or for actual and necessary costs of operation and maintenance of the facility;

   B.    Where persons are placed:

      1. For alcoholism or drug abuse treatment; or as part of, or in lieu of, confinement, rehabilitation, or treatment in a correctional facility;

      2. Which is a healthcare facility as defined by the Utah code, as amended; or

      3. Which is a residential facility for persons with a disability.

RESIDENTIAL FACILITY FOR PERSONS WITH A DISABILITY: A dwelling unit in which one to three (3) persons with a disability reside and, if required by state law, is licensed or certified by:

   A.   The Utah department of human services under the Utah code, licensure of programs and facilities; or

   B.   The department of health under the Utah code, health care facility licensing and inspection act.

RESIDENTIAL LEASE, SHORT TERM:

   A.   The use, occupancy, rent or lease, for direct or indirect remuneration, of a structure or any portion thereof constructed for single- family or multi-family occupancy or of any other residential property for    an effective term of thirty (30) days or less.

   B.   The commercial use, by any person, of residential property for hotel, inn, lodging, motel, resort or other transient lodging uses where the term of occupancy, possession or tenancy of the property by the person entitled to such occupancy, possession or tenancy is for thirty (30) consecutive calendar days or less.

      For the purposes of this definition “remuneration” means compensation, money, rent, or other bargained for consideration given in return for occupancy, possession or use of real property.

      Short term residential leases are prohibited in all residential districts, residential SSD districts, and residential SD districts.

RESIDENTIAL SUPPORT: See definition of Human Services Programs Or Facilities.

RESIDENTIAL TREATMENT: See definition of Human Services Programs Or Facilities.

RESOURCE FAMILY HOME: See definition of Human Services Programs Or Facilities.

REST HOME: See definition of Nursing Home.

RESTAURANT: An establishment that sells food or beverages in a ready-to-consume state that the customer consumes while seated at tables or counters located in or immediately adjacent to the building in which the use is located, and that may include dine-in, carry-out, or drive-through service. This includes any portion of an establishment used for seating for the consumption of food on the premises that sells prepared food or beverages, such as a bakery, delicatessen, cafes, and coffee shops.

RETAIL SALES AND SERVICES: A commercial enterprise that provides goods and/or services directly to the consumer where such goods are available for immediate purchase and removal from the premises by the purchaser. This also includes retail establishments engaged in selling goods or merchandise to the general public as well as to other retailers, contractors, or businesses, and rendering services incidental to the sale of such goods. Retail establishments could also involve a high volume of sales of related and/or unrelated products in a warehouse setting and may include membership warehouse clubs (big box retail).

RETAINING WALL: A structure or combination of natural elements constructed to hold back or support the adjacent slope, earthen berm or otherwise create a differential in heights between two (2) or more land masses.

REVIEW CYCLE: The occurrence of:

   A.   The applicant’s submittal of a complete land use application;

   B.   The city’s review of that land use application;

   C.   The city’s response to that land use application, in accordance with this LDC; and

   D.   The applicant’s reply to the city’s response that addresses each of the city’s required modifications or requests for additional information.

RIGHT OF WAY: The portion of roadway dedicated to the purpose of conveying vehicle and pedestrian traffic, and other public use. This area shall include, but not be limited to, all areas of pavement and sidewalk between opposing property lines.

ROADWAY: That portion of a street improved, designed, or ordinarily used for vehicular travel.

RUNOFF: Irrigation water that is not absorbed by the soil or landscape area to which it is applied and that flows onto other areas. (Ord. 12-15, 7-11-2012; amd. Ord. 12-28, 10-17-2012; Ord. 12-29, 10-17-2012; Ord. 18-26, 10-17-2018; Ord. 20-12, 4-15-2020; Ord. 21-10, 5-19-2021; Ord. 24-02, 1-3-2024; Ord. 24-12, 12-4-2024)

SARA TITLE III: The Superfund Amendment and Reauthorization Act section found in 40 CFR 300-302, pertaining to emergency response and right to know.

SCHOOL: Any building (public or private) used primarily for the general education of minors.

SCHOOL, CHARTER: An operating charter school; a charter school applicant that a charter school authorizer approves in accordance with Utah Code § 53G-5-2: Charter School Authorization; or an entity that is working on behalf of a charter school or approved charter applicant to develop or construct a charter school building. "Charter school" does not include a therapeutic school as defined in Utah Code § 10-9a-103.

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

SCHOOL, COMMERCIAL (LOW IMPACT): Those commercial schools which are artistic in nature and which have a relatively low impact on surrounding uses because they are conducted indoors; have a limited number of students; and do not require a large number of parking spaces because of the age of the students. Such schools generally include smaller scale dance schools, music lessons, martial arts schools, gymnastics schools and similar uses.

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

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

SCULPTURE PARK: A facility for the display for viewing and/or sale of sculptures. Facility may include outdoor display. Such facility typically includes a large expanse of landscaped green space containing an array of gardens, fountains, and sculptural artworks.

SEARCHLIGHT: A temporary advertising device which is a stationary or revolving light which flashes or projects illumination, single color or multicolored, in any manner which is intended to attract or divert attention.

SECONDARY CONTAINMENT (Drinking Water Source Protection Ordinance): Any system that is used to provide release detection and release prevention, such as trays under containers, floor curbing or other systems designed to hold materials or liquids that may discharge from containers holding regulated substances. Examples include a double walled tank, a double walled integral piping system, or a single walled tank or integral piping system that is protected by an enclosed concrete vault, liner, or an impervious containment area.

SECONDHAND GOODS STORE: Any business which is engaged in the purchase, barter, exchange, or sale of any secondhand merchandise or which deals in secondhand goods, excluding businesses dealing in used motor vehicles and trailers and pawn shops. Typical businesses in this definition are thrift stores, used clothing stores, etc.

SECURE CORRECTIONAL FACILITY: See definition of correctional facility.

SECURE DETENTION: See definition of correctional facility.

SECURE FACILITY: See definition of correctional facility.

SECURE TREATMENT: See definition of human services programs or facilities.

SEMITRAILER: Every vehicle designed or used for carrying persons or property with another and separate motor vehicle so that in operation a part of its own weight or that of its load, or both, rests upon and is carried by another vehicle.

SENIOR APARTMENT UNITS: Single-family dwelling units within a single building for persons age fifty five (55) and older.

SENSITIVE AREA: An area of land which contains environmental or potential geological hazards, and which, if altered, may cause damage to the environment.

SEPTIC HOLDING TANK (Drinking Water Source Protection Ordinance): A watertight receptacle, used to contain septic waste. The contents of which are extilated and disposed of at a waste disposal facility.

SEPTIC TANK SYSTEM (Drinking Water Source Protection Ordinance): A generally watertight receptacle connected to a drainfield that allows liquid from the tank to enter the soil. The system is constructed to promote separation of solid and liquid components of domestic wastewater, to provide decomposition of organic matter, to store solids, and to allow clarified liquid to discharge for further treatment and disposal in a soil absorption system.

SETBACK: The setback for all structures is the shortest distance between the property line and the building or any portion thereof excluding the following:

   A.   Window awnings and unenclosed front entry and steps not protruding more than five feet (5') into the setback area.

   B.   Uncovered patios.

   C.   Decks and balconies not greater than two feet (2') in height from grade, and not less than four feet (4') from the rear property line and eight feet (8') from the side property line.

   D.   Decks and balconies not greater than eight feet (8') above grade and not less than ten feet (10') from the rear lot line.

   E.   Chimney and roof overhangs protruding no greater than two feet (2') into the setback area.

SEXUALLY ORIENTED BUSINESS: Adult businesses, nude entertainment businesses, seminude dancing bars, outcall services, and nude and seminude dancing agencies as defined in title 5, chapter 5.82 of the Taylorsville Code.

SHELTER: See definition of correctional facility.

SHELTERED WORKSHOP: A nonresidential facility providing supervised educational or vocational training facility for persons with a disability.

SIDEWALK:

   A.   Any surface provided for the exclusive use of pedestrians.

   B.   A paved surface or leveled area separated from the street and used as a pedestrian walkway.

   C.   A paved right-of-way for pedestrians that is separate and protected from the traveled portion of the roadway, and free from vehicular traffic.

SIGHT VISIBILITY TRIANGLE: The triangular area formed by a diagonal line connecting two (2) points located on intersecting street, right-of-way or driveway.

SIGN: Every 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. The definition of a sign shall include all flags of any type. The definition of sign shall also include the sign structure, supports, lighting system, and any attachments, ornaments or other features used to draw the attention of observers.

SIGN, A-FRAME: Any portable sign, structure, or configuration composed of one or two (2) sign faces mounted or attached back to back in such a manner as to form a basically triangular vertical cross section.

SIGN, ABANDONED: A sign which no longer correctly directs or influences any person, advertises a bona fide business, lessor, owner, product, or activity conducted or available on the premises where such sign is displayed.

SIGN, ADVERTISING: A sign which attracts or directs attention to a use, product, commodity, or service either related or not related to the premises on which the sign is located.

SIGN, ADVERTISING BENCH: A bench for public use and convenience which is painted or otherwise covered with advertisement.

SIGN, ANIMATED: A sign which involves motion or rotation of any part by mechanical or artificial means or displays flashing or intermittent lights.

SIGN AREA: The portion of a sign that is used for display purposes, excluding the minimum frame and supports. In computing sign area, only one side of a back to back or double face sign covering the same object shall be computed when the signs are parallel or diverge from a common edge by an angle of not more than forty five degrees (45°).

SIGN, AWNING: An awning having copy or logo, or which is backlit, externally illuminated, or nonilluminated.

SIGN, BANNER:

   A.   A sign having characters, letters or illustrations applied to cloth, paper or fabric of any kind, with only such nonrigid material for background.

   B.   A sign of lightweight fabric or similar nonrigid material that is mounted with no enclosing framework.

SIGN, BILLBOARD: See definition of billboard.

SIGN, BLADE: Signs projecting perpendicular from the wall having a certain distance from the wall and a certain clearance above the ground.

SIGN, BUSINESS: A sign which identifies a business or use conducted, product or commodity sold, or service performed upon the premises on which it is located.

SIGN, CABINET: A sign that contains all the text and/or logo symbols within a single enclosed cabinet and may or may not be illuminated.

SIGN, CANOPY: Any sign attached to the underside or constructed upon a canopy.

SIGN, CHANGEABLE COPY: A sign on which the copy is changed manually or electrically such as a message center or reader boards with changeable letters or changeable pictorial panels, and electronically controlled time and temperature signs. It does not include poster panels or painted bulletins.

SIGN, COMMUNITY: Temporary, on or off premises signs, generally made of a woven material or durable synthetic materials primarily attached to or hung in a vertical fashion from light poles or on buildings, of solely a decorative, festive, and/or informative nature announcing activities, promotions, events, seasonal or traditional themes having broad community interest and which are sponsored or supported by the City or a local community based nonprofit organization.

SIGN, DIRECTIONAL OFF PREMISES: Signs containing directional information for the purpose of facilitating or controlling the efficient or safe movement of pedestrians or vehicles on or into public or private property, and are located on the properties adjacent to which they pertain.

SIGN, DIRECTIONAL ON PREMISES: Signs containing directional information for the purpose of facilitating or controlling the efficient or safe movement of pedestrians or vehicles on or into public or private property, and shall be located on the properties to which they pertain.

SIGN, ELECTRONIC MESSAGE CENTER/READER BOARD: See definition of electronic message center.

SIGN, FIELD BOARDS: Nonilluminated, static graphics on a portable hard surface inside a major sports venue.

SIGN, FLAG: Flag sign shall be made of cloth and express messages which are not primarily commercial. Flags shall include, but not be limited to, U.S. flags, flags of other governmental entities, or flags identifying the person, institution, organization or corporation occupying a property.

SIGN, FLAGPOLE, ILLUMINATED: Flagpoles which are internally illuminated or have lighting attached to the pole for purposes of drawing attention to a business location. This shall not include poles which have lighting attached to or directed toward a pole for purposes of illuminating the flag.

SIGN, FLASHING: A sign or parts thereof which is intermittently on and off or which revolves in such a manner to create the illusion of being on and off, with the exclusion of time and temperature signs.

SIGN, FLAT: A sign erected parallel to and attached to the outside wall of a building and extending out not more than eighteen inches (18") from such wall with messages or copy on the face side only.

SIGN, FLOODLIGHTED: A sign made legible in the absence of daylight by devices which reflect or project light upon it.

SIGN, FREESTANDING (OR PYLON SIGN): A sign that is mounted on a support structure so that the bottom edge of the sign is six feet (6') or more above grade.

SIGN, GRANDSTAND: Single face signs that are attached to fixed seats.

SIGN, ILLUMINATED: Any sign directly lighted by any electrical light source, internal or external, except light sources specifically and clearly operated for the purpose of lighting the general area in which the sign is located rather than the sign itself.

SIGN, INTERIOR: A sign located within a building so as to be visible only from within the building in which the sign is located.

SIGN LOCATION: A lot, site or premises, building, wall, or any place wherever a sign is erected, constructed, or maintained.

SIGN, MARQUEE: A sign designed to have changeable copy, either manually or electronically. Marquee signs may be a principal identification sign, a freestanding sign, a wall sign, or attached to a canopy.

SIGN, MENU BOARD: A sign that is used to advertise the product available at a restaurant.

SIGN, MONUMENT SIGN: A low sign where the top edge of sign is six feet (6') high or lower where the extent of the sign surface is attached to the ground or a foundation in the ground, and where there are no poles, braces, or other visible means of support other than attachment to the ground.

SIGN, NAMEPLATE: A sign indicating the name and/or occupation of a person or persons residing on the premises or legally occupying the premises, or indicating a home occupation legally existing on the premises.

SIGN, NONCONFORMING: A sign or sign structure or portion thereof lawfully existing at the time this code became effective, which does not now conform to all regulations prescribed in the district in which it is located.

SIGN, OFF PREMISES: An advertising sign which directs attention to a use, product, commodity, or service not related to the premises on which it is erected.

SIGN, ON PREMISES: A sign which directs attention to a business, commodity, product, use, service, or other activity which is sold, offered or conducted on the premises upon which the sign is located.

SIGN, PORTABLE: A sign that is not permanently affixed to a structure or the ground and is movable such as A-frame or T-frame signs. This definition does not include any signs on trailers or vehicles.

SIGN, PROJECTING: A sign attached to a building and extending in whole or in part more than eighteen inches (18") beyond any wall of the building.

SIGN, PROPERTY: A temporary sign related to the property on which it is located advertising contemplated improvements or announcing the name of the builder, owner, designer, or developer of the project, or warning against trespassing.

SIGN, PUBLIC NECESSITY OR HAZARD: A sign informing the public of any danger or hazard existing on or adjacent to the premises.

SIGN, PYLON: See definition of Sign, Freestanding (Or Pylon Sign).

SIGN, REAL ESTATE: A temporary sign related to the property on which it is located and offering such property for sale or lease.

SIGN, ROOF: A sign erected partly or wholly freestanding on or over the roof of a building.

SIGN, ROTATING: A revolving sign in which all or a portion of the sign moves in a revolving or similar manner, with the exclusion of time and temperature signs.

SIGN, SCOREBOARD: A changeable copy sign typically used for scores, game updates and replays located on a structure facing the playing field.

SIGN, SEASONAL OR HOLIDAY: Such signs as Christmas decorations, to include those used for a historic holiday and installed for a limited period of time.

SIGN, SNIPE: A sign which is tacked, nailed, posted, pasted, glued or otherwise attached to ground, trees, poles, stakes, or fences, or other objects with the message appearing thereon.

SIGN, SPONSORSHIP SCRIM PANEL: Lightweight perforated fabric with graphics applied to the surface, attached with a tension system.

SIGN, SPOTLIGHT: See definition of Searchlight.

SIGN, STRUCTURE: The supports, uprights, bracing, cables, and framework of a sign or outdoor display.

SIGN, SUSPENDED: A sign which is hung from a roof, pole, canopy, or other similar structure.

SIGN, TEMPORARY: A banner, pennant, valance or advertising display constructed of paper, cloth, canvas, fabric, cardboard, wallboard or other materials, with or without frames, intended to be displayed in or out of doors for a short period of time; shall include political signs, special events signs, special business promotions or portable signs.

SIGN, TUNNEL: Flat, nonilluminated signs mounted above the player tunnel in a major sports venue.

SIGN, VEHICLE: A sign that is attached to or painted on a vehicle that is parked on or adjacent to any property, the principal purpose of which is to attract attention to a product sold or business located on the property.

SIGN, WALL: A building mounted sign, either attached to or displayed or painted on an exterior wall in a manner parallel with the wall surface, and not projecting more than eighteen inches (18") from such surface.

SIGN, WAYFINDING: A sign used to guide the way to a given location along the traveled path.

SIGN, WIND: Any propeller or similar commercial device which is designed to flutter, rotate, or display other movement under the influence of the wind, not including pennants, flags or banners.

SIGN, WINDOW: A sign either attached to a window or door or located within a building so as to be visible through a window or door from outside of the building.

SITE CHANGE: Changes to the existing site improvements.

SITE PLAN: A plan which outlines the use and development of any tract of land within the City for the purposes of meeting the requirements set forth in this Code.

SITE-SPECIFIC DEVELOPMENT (SSD): A residential or commercial development guided by a total design plan in which one or more of the zoning or subdivision regulations, other than use regulations, may be waived or varied to allow flexibility and creativity in site design, building design, and location, in accordance with general guidelines as specified in this title. Units within a SSD may be sold or offered for rent.

SKILLED NURSING CARE UNIT: A nursing bed or individual room which provides board, shelter and twenty four (24) hour skilled nursing and medical care to chronic or convalescent patients. A nursing unit shall include accessory uses, including dining rooms, bathing areas, common areas, offices, clinics, therapy areas, medical facilities and other space necessary to provide the above services.

SLUDGE OR BIOSOLIDS (Drinking Water Source Protection Ordinance): The solids separated from wastewater during the wastewater treatment process.

SMALL HEALTHCARE FACILITY: See definition of healthcare facilities.

SOCIAL CENTER, FRATERNAL ORGANIZATIONS, OR SENIOR CITIZENS CENTER: A building or group of buildings and/or uses owned or maintained by an association or organization for the fraternal, social and/or recreational purposes of certain groups. This may include a meeting hall, cooking and dining facilities for large groups, but shall not provide overnight lodging. This definition shall include, but not be limited to, fraternal organizations and senior citizen centers.

SOCIAL CLUB: See definition of alcoholic beverage establishments: social clubs.

SOCIAL DETOXIFICATION: See definition of human services programs or facilities.

SOFT TISSUE AND PHYSICAL THERAPY: Establishments that provide manual manipulation of soft body tissues (muscle, connective tissue, tendons and ligaments) by licensed professionals that specialize in the assessment, treatment and management of soft tissue injury, pain and dysfunction primarily of the neuromusculoskeletal system, including bodywork practitioners such as massage therapists and physical therapists.

SOILS REPORT: A report by a soils laboratory indicating soil type(s), soil depth, uniformity, composition, bulk density, infiltration rates, and pH for the topsoil and subsoil for a given site. The soils report also includes recommendations for soil amendments.

SOLAR EQUIPMENT: Any solar collector or other solar energy device whose primary purpose is to provide for the collection, storage, and distribution of solar energy for space heating, cooling, water heating, or for power generation.

SOLID WASTE DISPOSAL FACILITY: Any solid waste management facility which is the final resting place for solid waste, including landfills and incineration facilities that produce ash from the process of incinerating solid waste.

SOLID WASTE TRANSFER FACILITY: A site the primary purpose of which is to store or hold solid waste for transport to a processing or disposal facility. It does not include green boxes, compactor units, permanent dumpsters, and other containers from which such wastes are transported to a landfill or other solid waste management facility.

SPECIAL USE PERMIT: A specific approval that has been determined to be less intense or to have potentially minor impacts on surrounding properties than a conditional use within the same zoning district. Special uses have specific conditions of approval that are found within the special use chapter of this Code.

SPECIALTY HOSPITAL: See definition of healthcare facilities.

SPRAY SPRINKLER: An irrigation head that sprays water through a nozzle.

STADIUM: A commercial structure with tiers of seats rising around a field or court, intended to be used primarily for the viewing of athletic events. The sports area may also be used for entertainment and other public gathering purposes such as conventions, circuses, or concerts.

START OF CONSTRUCTION: Includes substantial improvement, and means the date the building permit was issued, provided the actual start of construction, repair, reconstruction, placement, or other improvement was within one hundred eighty (180) days of the permit date. The actual start means either the first placement of permanent construction of a structure on a site; such as the pouring of slab or footings, the installation of piles, the construction of columns, or any work beyond the stage of excavation; or the placement of a manufactured home on a foundation. Permanent construction does not include land preparation, such as clearing, grading and filling; nor does it include the installation of streets and/or walkways; nor does it include excavation for basement footings, piers, or foundations or the erection of temporary forms; nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure. For a substantial improvement, the actual start of construction means the first alteration of any wall, ceiling, floor, or other structural part of a building, whether or not that alteration affects the external dimensions of the building.

STEP BACK ARCHITECTURE: Physical design for midrise and higher buildings by setting the building facade away from the street on successively higher stories, and which includes expansive glass areas, balconies, terraces, and landscape features and architectural elements.

STORAGE (MINISTORAGE) FACILITIES: A building or series of buildings for which individual storage space is rented for storage purposes only.

STORY: That portion of a building included between the surface of the floor and the ceiling next above it other than the basement.

STREAM SPRINKLER: An irrigation head that projects water through a gear rotor in single or multiple streams.

STREET:

   A.   A public thoroughfare which affords principal means of access to abutting property. The term street shall include avenue, drive, circle, road, parkway, boulevard, highway, thoroughfare, or any other similar term.

   B.   All the area dedicated to public use for public street purposes and shall include, but not be limited to, roadways, park strips, alleys, and sidewalks.

STREET, ARTERIAL; MAJOR: Providing for through traffic movement between areas and across the City, with moderate access to abutting property subject to necessary control of entrances, exits, and curb use. The location of this type of street is addressed in the transportation element of the City General Plan and designated on the official street map for the City.

STREET, COLLECTOR; MAJOR AND MINOR: Providing for traffic movement between major arterials and local streets, and direct access to abutting property. The location of this type of street is addressed in the transportation element of the City General Plan and designated on the official street map for the City.

STREET, LOCAL: Providing for direct access to abutting land, and for local traffic movements. The location of this type of street is addressed in the transportation element of the City General Plan and designated on the official street map for the City.

STREET, PRIVATE: A right-of-way or easement in private ownership, not dedicated or maintained as a public street, that serves more than two (2) lots and is greater than one hundred fifty feet (150') in length.

STREET VENDORS: A use consisting of a cart, portable stand, or trailer and any related accessory appurtenances such as awning, canopy, or seating used for the retail sales of goods including, but not limited to, beverages, food, and flowers.

STREETSCAPE PLAN: The streetscape section of the growth, land use and community identity chapter of the City General Plan.

STRUCTURE: Anything constructed or erected, the use of which requires location on the ground or attachment to something having location on the ground. A building is included in this definition. Any structure two feet (2') or above in grade shall meet all underlying zoning requirements.

SUBDIVISION: Any land that is divided, resubdivided or proposed to be divided into two (2) or more lots, parcels, sites, units, plots, or other division of land for the purpose, whether immediate or future, for offer, sale, lease, or development either on the installment plan or upon any and all other plans, terms, and conditions. Subdivision includes:

   A.   The division or development of land whether by deed, metes and bounds description, devise and testacy, lease, map, plat, or other recorded instrument; and

   B.   Divisions of land for all residential and nonresidential uses, including land used or to be used for commercial, agricultural, and industrial purposes.

SUBGRADE: Either the soil prepared and compacted to support a structure or a pavement system, or the elevation of the bottom of the trench in which a sewer or pipeline is laid.

SUBSTANTIAL DAMAGE: Damage of any origin sustained by a structure whereby the cost of restoring the structure to its before damaged condition would equal or exceed fifty percent (50%) of the market value of the structure before the damage occurred.

SUBSTANTIAL IMPROVEMENT: Any repair, reconstruction, addition, or improvement of a structure, the cost of which equals or exceeds fifty percent (50%) of the market value of the structure either:

   A.   Before the improvement or repair is started, or

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

This term includes structures which have incurred "substantial damage", regardless of the actual repair work performed. The term does not, however, included either:

   A.   Any project for improvement of a structure to correct existing violations of State or local Health, Sanitary, or Safety Code specifications which have been identified by the local Code enforcement official and which are the minimum necessary to assure safe living conditions; or

   B.   Any alteration of a "historic structure", provided that the alteration will not preclude the structure's continued designation as a "historic structure".

For the purposes of this definition "substantial improvement" 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.

SUPPORT STAFF: Persons employed or residing on the premises of a dwelling or other healthcare facility to assist residents in performing daily life activities or to provide on site treatment, rehabilitation, or habilitation services.

SWIMMING POOL: A constructed pool used for bathing or swimming, which is over twenty four inches (24") in depth, or with a surface area exceeding two hundred fifty (250) square feet.

SWIMMING POOL, PRIVATE: A private swimming pool is a pool which is used or intended to be used as a swimming pool in connection with a residence and available only to the family of the householder and their private guests.

SWIMMING POOL, PUBLIC: A swimming pool, admission to which may be gained by the general public with or without payment of a fee.

SWIMMING POOL, SEMIPRIVATE: A swimming pool on the premises of, or part of, a hotel, motel, mobile home or travel trailer park, apartment house, private club, association or similar establishment, where admission to the use of the pool is included in the fee, or consideration paid or given for the general use of the premises.

SWIMMING SCHOOL: An establishment for the instruction of children or adults in the swimming arts and sports, including diving, treading water, strokes, and lifesaving techniques. A swimming school does not include instruction on snorkeling, underwater swimming with breathing apparatus, or other similar instruction. (Ord. 12-15, 7-11-2012; amd. Ord. 12-29, 10-17-2012; Ord. 14-15, 8-20-2014; Ord. 15-08, 10-21-2015, eff. 7-25-2017; Ord. 16-05, 6-1-2016; Ord. 17-11, 4-19-2017; Ord. 18-07, 2-28-2018; Ord. 18-26, 10-17-2018; Ord. 19-09, 8-7-2019; Ord. 20-12, 4-15-2020; Ord. 23-02, 2-15-2023; Ord. 24-02, 1-3-2024; Ord. 24-05, 8-21-2024)

TATTOO: A permanent design or mark is made on the skin by pricking it and ingraining in it an indelible pigment, or by raising scars on it.

TATTOO PARLOR: Any business establishment which operates tattoo equipment to inject ink or otherwise modify human skin for the purposes of decoration.

TAVERN: See definition of Alcoholic Beverage Establishments.

TEMPORARY AUTOMOBILE SALES LOT: The conduct of business from a single designated site, without a permanent foundation or location, from which new or used automobiles are sold on a temporary basis.

TEMPORARY BUSINESS:

   A.   The conduct of business from a single designated site or premises without a permanent foundation or location, from which goods or services are sold on a temporary or seasonal basis and includes a concert, fair, rally, bazaar or festival from which goods or services are nonfood items, other than fireworks, Christmas trees, and automobiles are sold on a temporary basis.

   B.   Licenses for temporary merchants shall expire thirty (30) days from issuance. A licensee may reapply for subsequent licenses at the same location but may not exceed sixty (60) days at the same location. For the purposes of this definition, any location within two hundred fifty (250) linear feet is considered the same location. Temporary merchants who are properly licensed at a given location will have the right of first refusal for subsequent temporary license renewals provided the licensee has not reached the maximum permissible license duration. The business license or land use fee shall be waived with subsequent licenses in the sixty (60) day period at the same location by the same applicant as referenced above.

TEMPORARY CHRISTMAS TREE LOT: The conduct of business from a single designated site, without a permanent foundation or location, from which Christmas trees are sold on a temporary basis.

TEMPORARY FIREWORKS SALES: The conduct of temporary retail sales of fireworks from an existing retail store currently licensed by the city to perform retail sales.

TEMPORARY FIREWORKS STAND: The conduct of business from a single designated site, without a permanent foundation or location, from which fireworks are sold on a temporary basis.

TEMPORARY FOOD VENDOR: The conduct of business from a single designated site, without a permanent foundation or location, from which prepared food and/or beverages are sold on a temporary basis.

TEMPORARY FRUIT OR VEGETABLE STAND: The conduct of business from a single designated site, without a permanent foundation or location, from which fresh fruit and/or vegetables are sold on a temporary basis.

TEMPORARY MERCHANT: The conduct of business from a single designated site, without a permanent foundation or location.

10-YEAR STORM: A storm having a ten percent (10%) chance of annual occurrence.

TENNIS CLUB: See definition of Recreation, Indoor or Recreation, Outdoor.

TERRITORIAL REINFORCEMENT: Physical design which encourages users of property to develop ownership over it, developing space with an easily discernable purpose, using symbolic barriers such as low lying fences/wall, landscaping and signage, eliminating ambiguous spaces, encouraging easy maintenance, and discouraging crime.

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

TOBACCO SPECIALTY BUSINESS:

   A.   A commercial establishment in which:

      1.   The sale of tobacco products accounts for more than thirty five percent (35%) of the total annual gross receipts for the establishment;

      2.   Food and beverage products, excluding gasoline sales, is less than forty five percent (45%) of the total annual gross receipts for the establishment; and

      3.   The establishment is not licensed as a pharmacy under title 58, chapter 17b, pharmacy practice act (Utah Code Annotated); or

   B.   An establishment providing retail sales and services which exclusively or primarily involve the sale of tobacco products and related goods.

TOPPING: The internodal cutting back (between existing stem and/or branch nodes), dehorning or pollarding of stems or branches of a tree or shrub, resulting in the severe alteration of the species' genetic structural characteristics.

TOTAL LANDSCAPED AREA: Improved areas of the property that incorporate all of the completed features of the landscape. The landscape area does not include footprints of buildings or structures, sidewalks, driveways, and other non-irrigated areas intentionally left undeveloped.

TOWNHOUSE: A single-family dwelling unit constructed in a group of three (3) or more attached units in which each unit extends from foundation to roof and with open space on at least two (2) sides.

TRADE OR VOCATIONAL SCHOOL: A post-high school educational or vocational training facility.

TRADITIONAL NEIGHBORHOOD DEVELOPMENT (TND): Physical design, mixed use or stand alone, which promotes pedestrian activity by incorporating guidelines controlling architectural elements, entrances and sidewalks oriented to the street, walkways, driveways, landscaping, street design and streetscape, and other pedestrian elements.

TRANSIENT LODGING: A room or suite of rooms within a residential dwelling which is occupied by persons for periods of less than thirty (30) consecutive days.

TRANSITIONAL CARE DEVELOPMENT: A cohesive development created primarily for the care and housing of the elderly and/or persons with a disability. To qualify under this definition, the development must contain at least two (2) of the following land use classifications to qualify under this definition:

   A.   Single-family unit development (either detached or attached, such as a traditional home or twin home development).

   B.   Congregate care facility.

   C.   Assisted living facility.

   D.   Nursing home/convalescent home/rest home.

   E.   Hospice.

   F.   Small healthcare facility.

TRANSITIONAL HOUSING FACILITY: A facility owned, operated, or contracted by a governmental entity or a charitable, nonprofit organization which provides free temporary housing to homeless persons for no more than thirty (30) days while they obtain work, job skills, or otherwise take steps to stabilize their circumstances. A transitional housing facility does not include:

   A.   A homeless shelter.

   B.   A dwelling unit provided to a family for its exclusive use as part of a transitional housing program for more than thirty (30) days; and

   C.   A residential facility for persons with a disability.

TRAVEL TIME CONTOUR (Drinking Water Source Protection Ordinance): The locus of points that form a line of any configuration in space from which groundwater particles on that line theoretically take an equal amount of time to reach a given destination, such as a well or a wellfield, as predicted by the Refined Salt Lake Valley MODFLOW/MODPATH model copyrighted.

TREE, CITY: All trees and shrubs located in a city owned park strip or on other city owned and/or maintained property.

TREE, HAZARD: Any tree determined to be a public nuisance, which may include, but is not limited to, the following:

   A.   Any tree that is host to a communicable disease, destructive disease or other pestilence.

   B.   Any tree, the roots or any other portion of which, causes the surface of a public street, curb, gutter, or sidewalk to be upheaved or otherwise disturbed creating a threat to the public health, safety or welfare.

   C.   Any tree or portion thereof which, by reason of location and/or structural defect, increases the chance of failure of the tree and increases the risk to the health, safety or well being of the public.

   D.   Any tree or portion thereof which, by reason of location and/or condition, impedes a public right of way or may cause a threat to the public health, safety or welfare, including any tree adjacent to any sidewalk used as a public right of way which is not pruned from either edge of the right of way vertically to a height of seven feet (7') above the surface of sidewalk or any tree adjacent to a roadway which is not pruned to a height of thirteen feet (13') vertically from back of curb or is not pruned as is deemed necessary by the city engineer.

   E.   Any tree or portion thereof which interferes with adequate streetlight coverage of public rights of way.

TREE, PRIVATE: Any and all trees and shrubs now and hereafter growing on private property within the city and which are not defined or designated herein as city trees.

TREE STEWARDSHIP PROGRAM: The ongoing and shared responsibility between public and private parties for the protection, care and renewal of trees.

TRUCK STOP: A facility intended to provide services to the trucking industry, including, but not limited to, the following activities: dispensing of fuel, repair shops, automated washes, overnight parking, etc., all as part of the facility. A truck stop may also include overnight accommodations, showers, or restaurant facilities primarily for the use of truck crews.

TURF: A surface layer of earth containing mowed grass with its roots.

TWIN HOME: A residential structure composed of two (2) dwellings set side by side and sharing a common wall and separation wall. Each dwelling is constructed on its own building lot and is sold separately from the adjoining attached dwellings.

(Ord. 12-15, 7-11-2012; amd. Ord. 12-27, 10-17-2012; Ord. 14-06, 4-16-2014; Ord. 23-08, 6-21-2023)

UAC: The Utah administrative code.

UFA: The unified fire authority or any successor entity providing fire and emergency service protection to the city.

USGS: The United States geological survey.

URBAN FOREST: Vegetation on the city's public lands.

URBAN FORESTER: The designated person or entity to carry out work duties associated with the urban forest.

URBAN FORESTRY: The planning, design and management of vegetation on public lands in and around communities to maximize their visual, economic and environmental contributions to the well being of the community.

URBAN WILDLAND INTERFACE: A geographical area where structures and other development meets or intermingles with wildland or vegetative fuels.

USABLE LAND: That contiguous parcel of natural land and/or compacted (engineered) fill, as permitted by this title or the international building code, included within the lot (including setbacks), no part of which has a slope exceeding thirty percent (30%).

USE: The activities occurring on a lot or parcel for which land or a building is arranged, designed, or intended, or for which land or a building is or may be occupied including all accessory uses.

USE CHANGE: Changing the use of the property from that which was intended by the original site plan to another use that will require changes to the original approved site plan.

USE, CHANGE OF BUSINESS: Change within the classified use of a structure, or any portion of multi-tenant structure such as from one retail business to another which does not increase the size or occupancy capacity of the structure.

USE, TEMPORARY: A use that is to be conducted for a fixed period of time with intent to discontinue such use upon expiration of the time period. Temporary uses are characterized by such activities as the sale of agricultural products produced on the premises on which they are sold, contractor's offices and equipment sheds, Christmas tree and firework sales, carnivals.

UTILITIES: Includes natural gas, electric power, cable television, telephone, telecommunication services, storm system, sewer system, irrigation facilities, culinary water, streetlights and other services deemed to be of a public utility nature by the City.

UTILITY EASEMENT: The area designated for access to construct or maintain utilities on privately or publicly owned land. (Ord. 12-15, 7-11-2012)

VARIANCE: A legal divergence from the Land Development Code granted by the Appeal Authority.

VETERINARY CLINIC, SMALL ANIMAL: An establishment at which household pets are treated by a veterinarian licensed by the State of Utah; if boarding is included as part of such treatment the boarding must be within a completely enclosed building. For purposes of this section, household pets include dogs, cats, birds, rodents (hamsters, mice and rats), snakes and ferrets, and excludes livestock, horses and other similar large farm animals. Small animal veterinary clinic must use an acceptable sanitary method to collect and dispose of animal excrement. Small animal veterinary services do not include the boarding of animals not under direct clinical care. (Ord. 12-15, 7-11-2012)

WAREHOUSE, WHOLESALE: A building in which goods, merchandise or equipment are stored for eventual distribution. No outside storage is permitted.

WASTE OF WATER: Shall include, but not be limited to:

   A.   The use of water for any purpose, including landscape irrigation, that consumes or for which is applied substantial amounts of excess water beyond the reasonable amount required by the use, whether such excess water remains on the site, evaporates, percolates underground, goes into the sewer system, or is allowed to run into the gutter or street. Every water consumer is deemed to have under his control at all times the water lines and facilities, other than water utility facilities, through which water is being supplied and used to his premises, and to know the manner and extent of his water use and excess runoff.

   B.   The excessive use, loss, or escape of water through breaks, leaks, or malfunctions in the water user's plumbing for any period of time after such escape of water should reasonably have been discovered and corrected. It shall be presumed that a period of forty eight (48) hours after the water user discovers such break, leak, or malfunction or receives notice from the City of such condition, whichever occurs first, is a reasonable time to correct such condition.

   C.   Washing sidewalks, driveways, parking areas, tennis courts, patios, or other paved areas except to alleviate immediate fire, health, or safety hazards.

WATER CHECK: See definition of irrigation audit.

WATER CONSERVING PLANT: A plant that can generally survive with available rainfall once established although supplemental irrigation may be needed or desired during the growing season.

WATER EFFICIENT LANDSCAPING: A set of garden design and landscape maintenance principles that promote good horticultural practices and efficient use of water. Water conserving, drought tolerant landscaping.

WATER USE EFFICIENT REVIEW: An on site survey and measurement of irrigation equipment and management efficiency and the generation of recommendations to improve efficiency.

WELL: Any excavation that is drilled, cored, bored, washed, driven, dug, jetted, or otherwise constructed when the intended use of such excavation is for the location, acquisition, development, or artificial recharge of groundwater.

WELLFIELD (Drinking Water Source Protection Ordinance): An area of land which contains one or more drinking water supply wells.

WIND ENERGY CONVERSION SYSTEM: Any device, such as a wind charger, wind turbine or windmill, that converts wind power to another form of energy.

WIRELESS TELECOMMUNICATIONS FACILITIES: The following definitions are specific to wireless telecommunications and small wireless facilities:

   A.   Antenna: Any system of wires, poles, rods, arms, reflecting disks, or similar devices of various sizes, materials, and shapes, including, but not limited to, solid or wire mesh dish, horn, spherical, or bar configuration used for the transmission or reception of radio signals. Types of antennas include: mounted directly to the fascia or outside wall of a structure, existing parapet walls, penthouses, or mechanical equipment rooms, with no portion of the antenna extending above the roofline of such structures.

      1.   Wall Mounted Antenna: Any antenna mounted directly to the fascia or outside wall of a structure, existing parapet walls, penthouses, or mechanical equipment rooms, with no portion of the antenna extending above the roofline of such structures.

      2.   Roof Mounted Antenna: An antenna mounted directly to the roof of a building, mechanical penthouse or parapet enclosure wall which is on the rooftop of a building.

      3.   Top Hat Antenna: A spatial array of antennas, generally located on a freestanding structure, where the visible width of antennas and antenna mounting structures are more than three feet (3') in width as viewed looking directly at the structure.

      4.   Whip Antenna: An antenna that is cylindrical in shape. Whip antennas can be directional or omnidirectional and vary in size depending upon the frequency and gain for which they are designed.

      5.   Utility Pole Antennas: Any antenna mounted directly to a streetlight pole. This definition shall not include poles carrying electrical lines, telephone lines or any other type of utility not specifically included above.

   B.   Antenna Support Structure: A structure the principal purpose of which is for location of antennas. Types of antenna support structures include:

      1.   Monopole: A freestanding antenna support structure placed directly on the ground used to support one or more antennas.

      2.   Lattice Tower: A self-supporting multiple sided, open steel frame structure used to support one or more antennas.

   C.   Collocation: A telecommunications facility comprising more than one telecommunications provider's antennas.

   D.   Equipment Facility: Any building, shelter or cabinet used by telecommunication providers to house switching, backup or other equipment at a telecommunications facility.

   E.   Nonstealth Design: Any antenna or equipment facility not camouflaged in a manner to blend with surrounding land uses, features or architecture. The design does not conceal the intended use of the telecommunications facility. A monopole with equipment facilities above ground and unscreened would be considered nonstealth.

   F.   Residential Institutional Use: A school, church, clubhouse or public building in a residential zone where stealth antennas may be permitted. This definition does not include residences or multi-family structures containing one or more residential units.

   G.   Stealth: Antennas, antenna support structures and equipment facilities camouflaged or designed to blend with surrounding land uses, features, and architecture, thus minimizing the aesthetic impact on adjacent uses, thereby concealing the intended use and appearance of the telecommunications facility such as heavy landscaping, installing telecommunications facilities within existing buildings, or placing equipment facilities underground. A flush wall mount antenna painted the same color as the background, located on a building where the equipment facility is located inside said building would be considered stealth design.

   H.   Telecommunications Facility: An unmanned structure which consists of equipment, including antennas, antenna support structures and equipment facilities as defined herein, that transmit and/or receive voice and/or data communications through radio signals such as "cellular" or "PCS" (personal communications system) communications and paging systems.

   I.   Small Wireless Facility (SWF): A wireless facility on which each wireless provider's antenna could fit within an enclosure of no more than six (6) cubic feet in volume and for which all associated equipment whether mounted on the pole or the ground is cumulatively no more than twenty eight (28) cubic feet in volume.

      1.   Node: Equipment at a fixed location that enables wireless communications between user equipment and a communications network.

      2.   H-Frame: A utility pedestal associated with an SWF, that contains a shut-off switch.

      3.   Consolidated Or Concealed Design: An SWF or pole that is covered, blended, painted, disguised or camouflaged such that the SWF blends into the surrounding environment and is visually unobtrusive. A consolidated SWF will have equipment contained within the pole, shut-off switch mounted to the pole or inside the pole, painted to match surrounding streetscape, and minimal radio attachments.

      4.   Provider: A wireless infrastructure provider is a person that builds or installs wireless communication transmission equipment, a wireless facility or a wireless support structure; or a wireless service provider that provides wireless services or infrastructure.

      5.   Utility Pole: A pole or similar structure in the public right- of-way which is used to support power lines, telephone lines, street lights, traffic signs and signals, signage or other utilities and which could support the collocation of an SWF.

      6.   Design District And Historic Resources Overlay Zone: A group of buildings, streetscapes or corridors that have designated status under City, State or Federal law. (Ord. 12-15, 7-11-2012; amd. Ord. 18-17, 8-1-2018)

XERISCAPE: A landscaping method developed especially for arid and semiarid climates that utilizes water conserving techniques such as the use of drought tolerant plants, mulch, and efficient irrigation.

XERISCAPING: Landscaping characterized by the use of vegetation that is drought tolerant or of low water use in character. (Ord. 12-15, 7-11-2012)

13.36.260: "Y" DEFINITIONS:

YARD: An open, unoccupied space on a lot, other than a court, which is unobstructed from the ground upward by buildings or structures except as otherwise provided in this Code.

YARD, FRONT: "Front yard" shall mean:

   A.   Interior lots: An open, unoccupied space between the front line of the main building and the street right-of-way or front property line, whichever distance is the shortest, and extending across the entire width of the lot.

   B.   Corner lots: An open, unoccupied space between the front line of the main building and the street right-of-way or front property line, whichever distance is shortest, and extending across the entire width of the lot, also between the side of the building adjacent to the secondary street and the side street right-of-way or front property line and extending from the corner of the intersecting streets to the rear yard.

YARD, REAR: A yard extending across the full width of the lot between the most rear main building and the rear lot line.

YARD, SIDE: An open, unoccupied space on the same lot with the building and between the side line of the building and the side lot line, and extending from the front yard to the rear yard; or the shortest distance across said space from the main building to the side lot line. (Ord. 16-18, 12-14-2016)

ZERO LOT LINE DEVELOPMENT:

   A.   Single-family dwellings arranged on individually owned lots as either detached structures with one side wall of the main building on a side property line (or as twin homes with the separation wall on the property line).

   B.   Twin home, attached (see definition of twin home).

ZONE CHANGE: The legislative act of rezoning one or more lots or parcels.

ZONING DISTRICT: See definition of district.

ZOOLOGICAL GARDENS: An area, building, or structure(s) which contain wild animals on exhibition for viewing by the public. (Ord. 12-15, 7-11-2012)