CHAPTER 47 RESERVED

10-46-1: PURPOSE:

10-46-2: APPLICATION REVIEW STANDARDS:

10-46-3: PERMIT REQUIRED BEFORE PROCEEDING:

10-46-4: CREATION OF BUILDING SITE:

10-46-5: PUBLIC DEDICATIONS:

10-48-1: PURPOSE:

10-48-2: STANDING TO APPLY:

10-48-3: CITY MANAGER RESPONSIBILITIES:

10-48-4: PUBLIC HEARING REQUIRED:

10-48-5: RECORDATION OF APPROVED BOUNDARY LINE ADJUSTMENT:

10-48-6: PLAT MAP MAY BE REQUIRED:

10-48-7: VACATING OR AMENDING A SUBDIVISION PLAT OR PUBLIC RIGHT-OF-WAY:

10-48-8: EXPIRATION:

10-49-1: PURPOSE:

10-49-2: STANDING TO APPLY:

10-49-3: CONDITIONAL USE PERMITS:

10-49-4: PROCEDURES, REPORTS, AND HEARINGS:

10-49-5: PLANNING COMMISSION ACTION:

10-49-7: ABANDONMENT OR VACATION OF USE:

10-50-1: PURPOSE:

10-50-2: DESIGN REVIEW COMMITTEES:

10-50-3: STANDING TO APPLY:

10-50-4: DESIGN REVIEW PERMITS:

10-50-5: PROCEDURES:

10-50-7: DESIGN REVIEW:

10-50-8: APPROVAL CRITERIA:

10-50-9: CONDITIONS AND MODIFICATIONS:

10-51-1: PURPOSE:

10-51-2: APPLICATION TO AMEND:

10-51-3: AMENDMENT PROCEDURES:

10-51-4: PLANNING COMMISSION HEARING:

10-51-5: PLANNING COMMISSION ACTION:

10-51-6: CITY COUNCIL PROCEDURE:

10-51-7: CITY COUNCIL HEARING:

10-51-8: CITY COUNCIL ACTION:

10-51-9: AMENDMENTS PROCESSED IN PARALLEL:

10-52-1: PURPOSE:

10-52-2: AMENDMENT PROCEDURES:

10-52-3: PLANNING COMMISSION HEARING:

10-52-4: PLANNING COMMISSION ACTION:

10-52-5: CITY COUNCIL ACTION AFTER PLANNING COMMISSION RECOMMENDATION:

10-52-6: CITY COUNCIL HEARING:

10-52-7: CITY COUNCIL ACTION:

10-52-8: AMENDMENTS PROCESSED IN PARALLEL:

10-53-1: PURPOSE:

10-53-2: STANDING TO APPLY FOR A VARIANCE:

10-53-3: PROCEDURES, REPORTS AND HEARINGS:

10-54-1: PURPOSE:

10-54-2: APPLICABILITY:

10-54-3: ADMINISTRATIVE PROCESS AND PROCEDURES:

10-54-4: MODIFICATION OF ZONE STANDARDS AND DESIGN STANDARDS:

10-54-5: COMPLETION OF SPECIFIC PLAN:

10-54-6: SPECIFIC PLAN APPROVAL CRITERIA:

10-54-7: SPECIFIC PLANS FOR SENIOR HOUSING:

10-54-8-1: APPLICABILITY:

10-54-8-2: ADMINISTRATIVE PROCESS AND PROCEDURES:

10-54-8-3: MODIFICATION OF ZONE STANDARDS AND DESIGN STANDARDS:

10-54-8-4: COMPLETION OF SMALL PROJECTS SPECIFIC PLAN:

10-54-8-5: SPECIFIC PLAN APPROVAL CRITERIA:

10-55-1: UNIFORM PROJECT REVIEW PROCEDURES:

10-55-2: CONCEPT PLAN REVIEW AND CLEARANCE:

10-55-3: APPLICATION:

10-55-4: PUBLIC NOTICE:

10-55-5: STAFF OR CONSULTANT REPORT AND ANALYSIS:

10-55-6: PUBLIC HEARING:

10-55-7: ACTION:

10-55-8: FINDINGS OF FACT REQUIRED:

10-55-9: RECORDS OF DECISION:

10-55-10: COMPLETION OF PROJECTS:

10-55-11: STANDARDS FOR DEVELOPMENT:

10-56-1: COMPLIANCE REQUIRED:

10-56-2: COMPLIANCE TIMING:

10-56-3: IMPROVEMENT SECURITY:

10-57-1: PURPOSE:

10-57-2: STANDING TO FILE AN APPEAL:

10-57-3: BODY TO HEAR APPEALS (APPEAL AUTHORITY):

10-57-4: FILING APPEALS:

10-57-5: CONTENTS OF THE REQUEST FOR AN APPEAL:

10-57-6: PUBLIC NOTICE:

10-57-7: STAFF REPORT REQUIRED:

10-57-8: APPEAL MEETING:

10-57-9: DECISION OF THE APPEAL:

10-57-10: FINDINGS REQUIRED TO OVERTURN OR MODIFY THE DECISION-MAKERS ACTION:

10-58-1: EXPIRATION OF PERMITS:

10-58-2: EXTENSIONS OF TIME:

10-58-3: STANDARDS FOR APPROVING EXTENSIONS OF TIME:

10-59-1: PURPOSE:

10-59-2: TYPES OF LEGALLY EXISTING NONCONFORMITIES:

10-59-3: POLICY:

10-59-4: AUTHORITY TO CONTINUE:

10-59-5: NONCONFORMING USES:

10-59-6: NONCONFORMING STRUCTURES:

10-59-7: NONCONFORMING LOTS:

10-59-8: NONCONFORMING SIGNS:

10-59-9: RESTRICTED LOT:

10-59-10: PROCEDURE TO GRANT CERTIFICATION OF LEGALLY EXISTING NONCONFORMING STATUS AND ISSUANCE OF GRANDFATHER CERTIFICATE:

10-60-1: SHORT TITLE:

10-60-2: PURPOSE:

10-60-3: SCOPE:

10-60-4: EXISTING LAW CONTINUED:

10-60-5: CRIMINAL PROSECUTION RIGHT:

10-60-6: EFFECT OF HEADINGS:

10-60-7: SEVERABILITY:

10-60-8: CIVIL LIABILITY:

10-60-9: GENERAL RULES OF INTERPRETATION:

10-60-10: DEFINITIONS APPLICABLE TO TITLE GENERALLY:

10-60-11: ACTS INCLUDE CAUSING, AIDING, AND ABETTING:

10-60-12: SERVICE OF NOTICE REQUIREMENTS:

10-60-13: GENERAL ENFORCEMENT AUTHORITY:

10-60-14: ADOPTION OF POLICY AND PROCEDURES:

10-60-15: AUTHORITY TO INSPECT:

10-60-16: FALSE INFORMATION OR REFUSAL PROHIBITED:

10-60-18: ADMINISTRATIVE ENFORCEMENT HEARINGS:

10-60-19: REQUEST FOR ADMINISTRATIVE ENFORCEMENT HEARING:

10-60-12: NOTIFICATION OF ADMINISTRATIVE ENFORCEMENT HEARING:

10-60-21: APPOINTMENT AND QUALIFICATIONS OF HEARING EXAMINER:

10-60-22: POWERS OF HEARING EXAMINER:

10-60-23: PROCEDURES AT ADMINISTRATIVE ENFORCEMENT HEARING:

10-60-24: FAILURE TO ATTEND ADMINISTRATIVE ENFORCEMENT HEARING:

10-60-25: ADMINISTRATIVE ENFORCEMENT ORDER:

10-60-26: FAILURE TO COMPLY:

10-60-28: ADMINISTRATIVE ABATEMENT:

10-60-29: NOTICE OF VIOLATION:

10-60-30: REQUESTING HEARINGS:

10-60-31: FAILURE TO CORRECT:

10-60-32: INSPECTIONS:

10-60-33: AUTHORITY TO ABATE:

10-60-34: PROCEDURES FOR ABATEMENT:

10-60-35: PROCEDURES FOR RECORDATION:

10-60-36: NOTICE OF COMPLIANCE:

10-60-37: PROHIBITION AGAINST ISSUANCE OF MUNICIPAL PERMITS:

10-60-39: EMERGENCY ABATEMENT:

10-60-41: PURPOSE:

10-60-42: ADMINISTRATIVE CITATIONS:

10-60-43: CONTENTS OF CITATION:

10-60-45: PURPOSE:

10-60-46: ASSESSMENT OF COSTS:

10-60-47: FAILURE TO TIMELY PAY COSTS:

10-60-48: ADMINISTRATIVE COST FUND:

10-60-49: ALLOCATION OF CIVIL FEES:

10-61-1: DEFINING WORDS:

10-61-2: USE OF GENERAL TERMS:

10-61-3: USE OF "SHALL" AND "MAY":

10-61-4: USE OF "AND" AND "OR":

10-61-5: SOURCES OF DEFINITIONS:

10-62-1: DEFINITIONS:

The definitions of words in this chapter are established as specific meanings for this Title only. Words with specific meaning in the Land Use Regulations are as follows:

ACCESSORY STRUCTURE:	A structure that is subordinate to and serves a primary use or structure; is subordinate to the primary use or structure served; contributes to the comfort, convenience or necessity of occupants of the primary use or structure served; and is located on the same lot and in the same zoning district as the primary use.
ACCESSORY USE:	A use or activity that is a subordinate part of a primary use and clearly incidental to a primary use.
ACCOMMODATIONS, LODGING, BED AND BREAKFAST:	Facilities offering transient lodging accommodations to the general public and which may include additional facilities, such as restaurants, meeting rooms, entertainment, personal services, and recreation facilities.
Bed and Breakfast or Bed and Breakfast Inn:	Overnight accommodations often or fewer rooms that may also serve one or more meals limited to registered guests.
Hotel:	A facility offering transient sleeping rooms and providing additional services within the same building, such as restaurant(s), conference or meeting rooms, banquet facilities, and full guest services, such as room service or a gift shop.
Motel:	An establishment providing sleeping accommodations and limited support services, such as no room service, no in-facility eating establishment, and limited amenities. Motels tend to be no more than three stories high, but may be higher.
ADULT-ORIENTED BUSINESS:	See Sales and Service.
AEROBIC STUDIO:	A business to which a class of participants attend on a periodic or regular basis for purposes of exercise, weight training, fitness training, and participation in related activities. An aerobic studio may also include the retail sales of products related to its services.
AFFORDABLE HOUSING:	Safe and decent housing with a sales price or rent that is within income limitations for households defined as low and moderate income by current Federal or State definitions.
AGRICULTURE:	The production, keeping, or maintenance, for sale, lease or personal use, of plants and animals useful to society, including and not limited to: forages and sod crops; grains and seed crops, dairy animals and dairy products, poultry and poultry products; livestock, including beef, cattle, sheep, swine, horses, ponies, mules, or goats or any mutations or hybrids thereof, including the breeding and grazing of any or all such animals; bees and apiary products; fur animals; trees and forest products; fruits of all kinds, including grapes, nuts, and berries; vegetables; nursery, floral, ornamental, and greenhouse products; or lands devoted to a soil conservation or forestry management program.
ALTERNATIVE OR POST INCARCERATION FACILITY:	Halfway houses, work release centers or any other domiciliary facilities for persons released from any penal or correctional facility but still in the custody of the city, county or public agency OR youth care centers or other facilities authorized to accept youth offenders.
AMATEUR RADIO FACILITY:	Any tower or antenna owned and operated by an amateur radio operator licensed by the Federal Communications Commission.
AMUSEMENT, COMMERCIAL INDOOR:	See Sales and Service.
ANIMAL CLINIC:	See Sales and Service.
ANTENNA:	A transmitting or receiving device used in telecommunications that radiates or receives radio signals.
ANTIQUE SHOP	See Sales and Service.
APPEAL:	An administrative procedure that requests relief from a decision by a designated hearing officer, commission, committee, or board.
APPLIANCE STORE:	See Sales and Service.
APPLICANT:	The person making application for a project review. See also "proponent."
APPLICATION:	Application means: A.   Application in General: A submission of materials that is required to be received by the City prior to commencing any action that results in the issuance of a permit or the granting of an approval or conditional approval. The contents of an application are a combination of the materials that are required by statute, materials that are specified in this title, and materials that may be required as a part of the City's administrative process. A "petition" is also an application. B.   Complete Application: An application shall not be considered complete until all the required materials have been received and verified as to content. A complete application includes:    1.   Payment of required application fees and charges, and    2.   All maps, drawings, and materials required by statute or ordinance, and    3.   All of the maps, drawings, and information specified in the City's administrative procedures prepared in a neat, legible manner.
ARCHITECT:	An architect licensed by the State of Utah.
ART OBJECT SALES:	See Sales and Service.
ART STUDIO:	See Sales and Service.
ART SUPPLY STORE:	See Sales and Service.
ASSISTED LIVING CENTER:	See Group Living.
BACK-OUT PARKING:	A parking configuration that requires vehicles to maneuver directly from the parking space onto a public street without a driveway.
BAKERY:	See Sales and Service.
BANK:	See Office.
BARBER SHOP:	See Sales and Service.
BASE ZONE OR BASE ZONING DISTRICT:	See "Zone, base".
BASEMENT:	A portion of a building partly below ground and not having more than half of its height above the level of the adjoining ground.
BEAUTY SHOP:	See Sales and Service.
BERM:	A linear earthen mound.
BILLBOARD:	A sign, land use, vehicle, trailer, or structure that directs attention to a business, commodity, service, or entertainment conducted, sold, or offered at a location other than the premises on which the sign is located.
BLOCK:	A unit of land bounded by streets or a combination of streets, public land, railroad rights-of-way, waterways, or any other barrier to the continuity of development.
BLOCK FRONTAGE:	All of the property fronting on a street that is between intersecting streets, or that is between a street and a water feature, or end of a dean end street.
BOARD OF APPEALS:	The three (3)-person Board established in Wellsville City Code Chapter 2.58.
BOARD OF ADJUSTMENT:	The five (5)-person Board established in Wellsville City Code Chapter 2.54.
BOARDING HOUSE, LODGING HOUSE:	A dwelling unit or part thereof in which, for compensation, lodging and meals are provided. A lodging house is a boarding house in which meals are not provided. The length of stay in a boarding house or lodging house is thirty (30) or more days.
BOOT REPAIR:	See Sales and Service.
BOUNDARY LINE ADJUSTMENT:	Boundary line adjustment or Lot line adjustment means the relocation of the property boundary line between two (2) adjoining lots with the consent of the owners of record.
BREW RESTAURANT:	See Sales and Service.
BUILDABLE ACRE, GROSS:	See Gross Buildable Acre.
BUILDABLE AREA:	That portion of an existing or proposed lot that is free of building restrictions. For the purpose of this ordinance, a buildable area does not contain any setback areas, easements, and similar building restrictions, and cannot contain any land specified in Section 10-31-1.
BUILDING FOOTPRINT:	See "Building Coverage."
BUILDING COVERAGE:	The portion of a site covered by buildings or other roofed structures, including eaves. "Building Coverage" also means "building footprint."
BUILDING:	A structure having a roof supported by columns or walls, for the housing or enclosure of persons, animals or chattels.
BUILDING LINE:	A line running parallel to a lot line that is the same distance from the lot line as the closest portion of a building on the site.
BUS PASSENGER: STATION	See Sales and Service.
CABLE TELEVISION FACILITIES:	Any cable television head end or hub towers and antennas used solely for cable television services.
CAFETERIA:	See Sales and Service.
CAMERA SHOP:	See Sales and Service.
CAMPING SUPPLY STORE IN RV PARK:	See Sales and Service.
CAREGIVER:	See Group Living.
CARPET SALES, RETAIL AND WHOLESALE:	See Sales and Service.
CART CORRAL:	An area designated within a parking lot where persons place shopping carts, dollies, hand trucks, pallet jacks, and other similar equipment.
CAR WASH:	See Sales and Service.
CERTIFICATE OF APPROVAL:	Certification language as required by this title and Utah Code incorporated onto any deed or instrument creating a new lot by metes and bounds description or other such description.
CHIEF EXECUTIVE OFFICER:	The elected Mayor of the City of Wellsville.
CLINIC:	See Office.
CLOTHING:	See Sales and Service.
CLEAR TRUNK:	The distance between the top of the root ball along the vertical trunk or trunks of a tree to the point at which lateral branching or fronds begin.
CLUB, PRIVATE:	See Sales and Service.
CLUSTER DEVELOPMENT:	A cluster or compact subdivision.
COLLECTIBLE SHOP:	See Sales and Service.
COLLEGES:	Independent institutions of higher learning offering general studies leading to a degree; a part of a university offering a specialized group of courses; an institution offering instruction usually in a professional, vocational, or technical field.
COMMERCIAL DAY CARE (10 OR MORE CLIENTS):	See also Family Day Care and Family Group Day Care. Day Care and preschool uses provide care, protection and supervision for children or adults on a regular basis away from their primary residence for less than twenty four (24) hours per day.
COMMERCIAL SCHOOL:	See School, Vocational.
COMMERCIAL STORAGE UNIT:	See Storage, Self-Service.
COMMON AREA:	Lands, structures, infrastructure, or facilities within a project that is owned in undivided interest by the property owners, a condominium association, or other entity in common.
COMMUNITY CENTER:	A building used for recreation, social, educational, or cultural activities, open to the public or a designated part of the public. A community center is usually owned and operated by a public or nonprofit group or agency.
COMMUNITY SERVICE:	A use of a public, a nonprofit, or a charitable nature providing a local service to people of the community. Generally the service is provided onsite or there are employees at the site on a regular basis. The service is always ongoing and not for special events. The use may provide special counseling, education, or training of a public, nonprofit or charitable nature. "Community service" does not include facilities or uses which house or serve adjudicated youth offenders, proctor homes, group homes serving as transitional facilities for criminally convicted persons, or other group homes as defined by State or Federal law or regulations (see "group home").
CONDOMINIUM:	A building or group of buildings, in which dwelling units, offices, or floor area are owned individually, and the structure, common areas, and facilities are owned by all the owners on a proportional, undivided basis.
CONFECTIONERY SHOP:	See Sales and Service.
CONTRACTORS STORAGE YARD:	See Warehouse, Freight Movement.
CONTRACTOR SUPPLY STORE:	See Industrial Service.
CONVALESCENT CENTER:	See Group Living.
CONVENIENCE MARKET, NO GASOLINE:	See Sales and Service.
COPY CENTER :	See Sales and Service.
CREDIT UNION:	See Office.
CRITICAL LANDS:	Land classified under Chapter 10-34 of this Title. The title of critical lands is used synonymously with Critical lands and each title shall mean the same.
DAIRY PRODUCTS:	See Sales and Service.
DANCEHALL:	See Sales and Service.
DANCE STUDIO:	See Sales and Service.
DAY CARE:	See Family Day Care.
DAYS:	Calendar days, unless specifically stated as working days.
DECISION-MAKING BODY OR DECISION MAKERS:	A person or group authorized in the Land Use Regulations to conduct land use reviews and take action on the matter under review.
DENSITY:	The number of dwelling units per acre of land area. Density may also be expressed as the amount of land area per dwelling unit. Unless otherwise stated, any reference to density means "gross" density calculation. Density is calculated as a factor of number of units + acreage. For example, a project containing twenty (20) units located on five (5) acres has a gross density of four (4) units per acre (20 + 5 = 4) (See also "Gross Buildable Acre")
DENTAL OFFICE:	See Office.
DEPARTMENT:	The City. Other departments, divisions, or agencies are referenced by name.
DEPARTMENT STORE:	See Sales and Service.
DETENTION FACILITIES:	Facilities designed to detain incarcerated individuals who are awaiting trial but who were not granted the ability to bond out by the court, or who have been unable to meet bond requirements. Detention facilities may also be used for individuals who are ordered to serve certain types of shorter sentences.
DEVELOPMENT:	Alteration of the land surface by: A.   Grading, filling, cutting or other earth-moving activity involving more than fifty (50) cubic yards on any lot; B.   The removal of three or more living trees of over six inch (6") caliper or the removal of five percent of the total number of living (or dead) trees over six inch (6") caliper, whichever is greater, on any lot within any one calendar year; C.   Construction of a building, road, driveway, parking area, or other structure; D.   Bridging or Culverting of any stream.
DEVELOPMENT REVIEW COMMITTEE:	The committee of members of the City staff and other agencies as invited or convened to review development proposals prior to permits being issued or reports being prepared for decision-making bodies.
DIAMETER BREAST HEIGHT (DBH):	The diameter of a tree measured at 4.5 feet above grade.
DISCOUNT STORE:	See Sales and Service.
DISCRETIONARY APPROVAL:	An action of the City that may be approved, conditionally approved, or denied at the discretion of the decision-making body upon making appropriate findings or utilizing adopted standards or policies.
DISCRETIONARY PERMIT:	A permit issued by the City when the City has the discretion to approve the permit as requested, approve it in a modified form with conditions or other changes generated by application review, or to deny the permit on the basis of reasons or findings of fact.
DISTRICT:	Same as "Zoning District."
DORMITORIES:	See Group Living.
DRAMA STUDIO:	See Sales and Service.
DRIPLINE:	The natural outside end of the branches of a tree or shrub projected vertically to the ground.
DROUGHT-TOLERANT VEGETATION:	Trees, shrubs, groundcovers and other vegetation, excluding prohibited or controlled species, which is classified as very or moderately drought-tolerant in accepted horticultural or landscaping publications.
DRUG STORE:	See Sales and Service.
DRY CLEANER:	See Sales and Service.
DWELLING UNIT:	One or more rooms, designed, occupied, or intended for occupancy as a separate living quarter with cooking, sleeping, and sanitary facilities provided within the dwelling unit for the exclusive use of the occupants.
ELECTRIC FUELING FACILITIES:	See Vehicle Service.
ENTERTAINMENT EVENT, MAJOR:	Activities and structures that draw large numbers of people to specific events or shows. Activities are generally of a spectator nature.
ESSENTIAL VIEWS:	Critical visual land forms, including city ridgelines and views of Wellsville's many unique geologic and agricultural features and the existing landscape fabric of the city's hillside areas.
ENGINEER:	When referring to a City decision-maker, means the City Engineer, a registered professional engineer licensed by the State of Utah, if so delegated by the City Manager.
EXERCISE STUDIO:	See Sales and Service.
FAMILY:	One (1) or more persons related by blood, adoption, or marriage, living and cooking together as a single housekeeping unit, exclusive of household servants; or a number of unrelated adult persons, but not exceeding two and their children related by blood, adoption, or marriage, living and cooking together as a single housekeeping unit, shall be deemed to constitute a family. Students who are visiting a family for the purpose of attending grades kindergarten through high school are considered temporary family members and therefore part of a family even though they may or may not be related by blood, adoption, or marriage. Students must be actively attending a school grade K-12 and living with a family related by blood, adoption, or marriage.
FAMILY DAYCARE (1-8 CLIENTS):	Uses providing care, protection and supervision for children or adults on a regular basis away from their primary residence for less than twenty four (24) hours per day, unless approved by Conditional Use Permit.
FAMILY GROUP DAYCARE (9-16 CLIENTS):	Uses providing care, protection and supervision for children or adults on a regular basis away from their primary residence for less than twenty four (24) hours per day, unless approved by Conditional Use Permit.
FLOOD HAZARD: APPEAL:	A request for a review of the City engineer's interpretation of any provisions of this chapter or a request for a variance.
FLOOD HAZARD: AREA OF SPECIAL FLOOD HAZARD:	The land in the floodplain within a community subject to a one percent (1%) or greater chance of flooding in any given year.
FLOOD HAZARD: BASE FLOOD:	The flood having a one percent (1%) chance of being equaled or exceeded in any given year.
FLOOD HAZARD: 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 located within the area of special flood hazard.
FLOOD HAZARD: EXISTING MANUFACTURED HOME PARK OR MANUFACTURED HOME SUBDIVISION:	A parcel (or contiguous parcels) of land divided into two (2) or more manufactured home lots for rent or sale for which the construction of facilities for servicing the lot on which the manufactured home is to be affixed (including at a minimum, the installation of utilities, either final site grading or the pouring of concrete pads, and the construction of streets) is completed before the effective date of the ordinance codified in this chapter.
FLOOD HAZARD: EXPANSION TO AN EXISTING MANUFACTURED HOME PARK OR MANUFACTURED HOME SUBDIVISION:	The preparation of additional sites by the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including the installation of utilities, either final site grading or pouring of concrete pads, or the construction of streets).
FLOOD HAZARD: FLOOD OR FLOODING:	A general and temporary condition of partial or complete inundation of normally dry land areas from: A.   The overflow of ponds, lakes, streams, rivers or other watercourses onto adjacent lands. B.   The unusual and rapid accumulation or runoff of surface waters from any source.
FLOOD HAZARD: FLOOD INSURANCE RATE MAP (FIRM/FLOOD INSURANCE STUDY):	The official map on which the federal emergency management agency has delineated both the areas of special flood hazards and the risk premium zoning districts applicable to the community and official report provided by the Federal Emergency Management Agency. It includes flood profiles, the flood boundary-floodway map, and the water surface elevation of the base flood.
FLOOD HAZARD: FLOODWAY:	The channel of a river or other watercourse and the adjacent land areas that shall be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than one foot.
FLOOD HAZARD: 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 non-elevation design requirements of this chapter.
FLOOD HAZARD: MANUFACTURED HOME:	A structure that is transportable in one or more sections, built on a permanent chassis, and designed to be used with a permanent foundation when connected to the required utilities. It does not include recreational vehicles or travel trailers unless the same are placed on a site for greater than one hundred eighty consecutive days.
FLOOD HAZARD: NEW CONSTRUCTION:	Structures for which the start of construction commences on or after the effective date of the ordinance codified in this chapter.
FLOOD HAZARD: START OF CONSTRUCTION:	The first placement of permanent construction of a structure (other than a manufactured home) on a site, which as the pouring of slabs or footings or any work beyond the stage of excavation. Permanent construction does not include land preparation, such as clearing, grading, and filling, nor does it include installation of streets and/or walkways; nor does it include excavation for a 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 as part of the main structure. For a structure (other than a manufactured home) without a basement or poured footings, the "start of construction" includes the first permanent construction, such as the pouring of slabs, pilings, footings, etc. For manufactured homes not within a manufactured home park or manufactured home subdivision, "start of construction" means the affixing of the manufactured home to its permanent site.
FLOOD HAZARD: STRUCTURE:	A walled and roofed building or manufactured home that is principally above ground.
FLOOD HAZARD: SUBSTANTIAL IMPROVEMENT:	Any repair, reconstruction 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 being restored before the flood damage occurred. For the purpose 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; C.   The term, does not, however, include either.    1.   Any project for improvement of a structure to comply with existing state or local health, sanitary or safety code specifications which are solely necessary to assure safe living conditions; or    2.   Any alteration of a structure listed on the National Register of Historic Places or a State Inventory of Historic Places.
FLOOD HAZARD: VARIANCE:	A grant of relief from the requirements of this chapter which permits construction in a manner that would otherwise be prohibited by this chapter. Such variances are to be reported to the Federal Emergency Management Agency upon request.
FLOODWAY CHANNEL:	The floodway channel as defined in the Flood Insurance Study for City, published by the Federal Emergency Management Agency, most current edition.
FLOOR AREA RATIO (FAR):	The gross floor area of a primary building, divided by the lot area of the lot on which the building is placed.
FLOOR AREA, GROSS:	The total square footage within a structure calculated by using the measurements from the exterior walls.
FLORIST SHOP:	See Sales and Service.
FRATERNITIES:	See Group Living.
FREIGHT MOVEMENT:	See Warehouse, Freight Movement.
FURNITURE STORE:	See Sales and Service.
GARAGE:	A structure that is accessory to a residential building and that is used for the parking and storage of vehicles owned and operated by the residents of the residential building and is nota separate commercial enterprise available to the general public. Note: A former garage that has been converted from an accessory building (example: the garage door has been removed or the building has been divided into rooms) is not considered a garage for purposes of this chapter.
GASOLINE SERVICE STATION:	See Vehicle Service.
GASOLINE (PETROLEUM PRODUCTS) STORAGE:	See Vehicle Service.
GATEWAY:	An entrance to the Wellsville area which transitions from generally rural, agricultural, or undeveloped areas into the urban City limits.
GENERAL OFFICE:	See Office.
GENERAL PLAN:	The document adopted by the City Council meeting the provisions of Utah Code Sections 10-9-301 and 10-9-302.
GOLF COURSE	See Recreation and Entertainment Outdoor Facility.
GRADE, AVERAGE FINISHED:	The average between the highest and lowest elevation of the ground abutting the street walls of a structure, existing, or as shown on the construction plans.
GRANDFATHERING:	A colloquial term used to refer to legally existing nonconformities.
GROCERY STORE:	See Sales and Service.
GROSS BUILDABLE ACRE:	That portion of property, represented in terms of acreage, which contains no critical or Critical lands, building or development encumbrances, or any other natural, regulatory or legal restriction from development or placement of buildings or structures.
GROUNDCOVER:	Plants, generally not exceeding an average maximum height of twenty four (24) inches at maturity.
GROUP LIVING:	A.   Assisted Living Center: residences that provide for semi-independent living. Such facilities may be: (1) equipped with studio or one bedroom apartments with limited kitchen facilities, generally designed for single occupancy; (2) contain central dining facilities where prepared meals are served to the residents; (3) employ full time nursing or medical assistance and supervision; and (4) may provide other additional services to residents. B.   Nursing Home, Convalescent Home: a long-term facility or a distinct part of a facility licensed or approved as a nursing home or convalescent home, infirmary unit of a home for the aged, or a governmental medical institution. C.   Caregiver: a person, either paid or voluntary, who helps the elderly, disabled or otherwise incapacitated with the functions of daily living, health care, financial matters, guidance, companionship and social interaction. A caregiver can provide more than one aspect of care. D.   Other Types of Occupancy Where Care IS Provided: any situation involving occupancy in a group home where medical, therapeutic, or other treatment is given on a regular basis. E.   Other Types of Occupancy Where Care IS NOT Provided: any situation involving occupancy in a group home where NO medical, therapeutic, or other treatment is given. F.   Dormitories, Fraternities, Sororities: a building used as group living quarters for a student body or religious order as an accessory use to a college, university, boarding school, convent, monastery or similar institutional use.
GULLY:	A drainage incision, commonly caused by erosion, which does not experience regular or seasonal stream flow, but does act as a channel for runoff during periods of high rainfall.
HANDICRAFT SALES:	See Sales and Service.
HARDWARE STORE:	See Sales and Service.
HEALTH STUDIO:	See Sales and Service.
HEDGE:	A landscape barrier consisting of a continuous, dense planting of shrubs.
HEIGHT, BUILDING:	The height of building is the vertical distance above the reference datum of the ground. This is shown in Figure 10-62A. The height of a building is calculated utilizing the current version of the Uniform Building Code as amended. The height of a building containing a flat roof shall include parapet walls.
HEIGHT, FLOOR:	That portion of a building included between the upper surface of any floor and the upper surface of the floor next above, except that the topmost story shall mean that portion of a building included between the upper surface of the topmost floor and the ceiling above.

 

Figure 10-62A: Determining Building Height

 

 

 

HEIGHT, SIGN:

The height of a sign as specified in this code shall be measured from the highest point on the sign to the top back of the curb nearest the sign on the frontage that the sign is facing. When no curb exists, the height shall be measure from the crown of the road closest to the sign on the frontage that the sign is facing.

 

 

HEIGHT, STRUCTURE (OTHER THAN BUILDING):	The vertical distance measured from "Average Finished Grade" to the highest point of the structure.
HISTORIC PRESERVATION COMMITTEE:	The committee appointed by the Mayor for the purpose of preserving historical structures, sites, artifacts, and/or features within the City of Wellsville.
HOBBY SHOP:	See Sales and Service.
HOME OCCUPATION:	Any activity carried out for gain or requiring a business license by a resident and which is conducted as a customary, incidental, and accessory use in the resident's dwelling unit. A home occupation is owned and run by a resident of the dwelling in which the business takes place.
HOME OCCUPATION- PROFESSIONAL OFFICE:	A home occupation consisting of the office of a practitioner of a recognized profession.
HOMELESS PERSON:	A person without permanent housing.
HOTEL:	A facility offering transient sleeping rooms and providing additional services within the same building, such as restaurant(s), conference or meeting rooms, banquet facilities, and full guest services, such as room service or a gift shop.
HOSPITAL:	An institution providing primary health services and medical or surgical care to persons, primarily inpatients, suffering from illness, disease, injury, deformity, and other abnormal physical or mental conditions and including as an integral part of the institution related facilities, such as laboratories, outpatient facilities, training facilities, medical offices, and staff residences.
HOUSEHOLD:	A housekeeping unit living together in a single dwelling unit, with common access to and common use of all living and eating areas and all areas and facilities for the preparation and serving of food within the dwelling unit.
HOUSING TYPES:	A.   Duplex, Triplex or Fourplex: A structure that contains two, three, or four dwelling units on one lot. The units may share common walls or common floor/ceilings. B.   Townhouse or Townhome: A dwelling unit, located on its own lot, that shares one or more common or abutting walls with one or more dwelling units, and is accessed through a front yard. An attached house does not share common floor/ceilings with other dwelling units. C.   Manufactured Housing Unit: A dwelling unit constructed in accordance with federal manufactured housing construction and safety standards (HUD code) in effect after June 15, 1976. D.   Single Family Home detached: A dwelling unit located on its own lot that is not attached to any other dwelling unit accessed through the front yard or sideyard if a corner lot. E.   Twin home: a structure that contains two dwelling units with common walls or abutting walls, each located on its own lot. Twinhomes are often created by subdividing a single duplex into two separate lots, each of which contains one dwelling unit. A twinhome is an "Attached house."
HOUSING, SENIOR:	This type of housing is one level housing with an attached two car garage. The development encourages walking and is accessible to some form of public transportation. Similar housing is also known as independent living, or retirement facilities.
ICE CREAM SHOP:	See Sales and Service.
INDUSTRIAL MACHINERY STORAGE, SALES OR REPAIR (SEE INDUSTRIAL SERVICE) INDUSTRIAL SERVICE:	Industrial Service firms are engaged in the repair or servicing of industrial, business or consumer machinery, equipment, products or by-products. Firms that service consumer goods do so by mainly providing centralized services for separate retail outlets. Contractors and building maintenance services and similar uses perform services off-site. Few customers, especially the general public, come to the site. A. Contractor Supply Store: the retail or wholesale sale and distribution of goods supporting the contractor, construction or similar trade, with no outdoor storage, either temporary or permanent. B.   Contractor Supply Store with Outdoor Storage: the retail or wholesale sale and distribution of goods supporting the contractor, construction or similar trade, with limited outdoor storage, either temporary or permanent. C.   Industrial Machinery Storage, Sales and Repair: Repair or servicing of business or consumer machinery, equipment, products or byproducts.
INFILL LOT:	An undeveloped parcel located within an area where most of the surrounding parcels are already development.
INNER BLOCK DEVELOPMENT:	Development located in the interior portion of a block.
IRRIGATION:	A system to convey water to landscaped or agricultural areas.
INSTITUTIONS OF HIGHER LEARNING:	Facilities providing a level of education at the collegiate-level such as academies, universities, colleges, seminaries, institutes of technology, vocational schools, career colleges, and certain other collegiate-level institutes.
KENNEL:	See Sales and Service.
KEY SHOP:	See Sales and Service.
LABORATORY, SCIENTIFIC OR RESEARCH:	See Office.
LAND AREA:	The total area of a lot lying within the lot lines, not including any portion of a street or right-of-way. A.   Land Area, Gross: the size of a lot or parcel of land prior to subdivision or dedication of road rights-of-way, or other rights-of-way. B.   Land Area, Net: that land available for development after the area allocated for roads or rights-of-way is deducted from the gross land area.
LAND, CRITICAL:	Any land that is mapped and recognized, by the City, to have physical, environmental, or aesthetic characteristics that provide a public benefit or health or safety hazard that overrides the right to develop that portion of property.
LANDS SET ASIDE:	An area of land, exclusive of critical land, that is intended for the use and enjoyment of the occupants of the property or if publicly owned, for the enjoyment and use by the citizens of Wellsville. Set Asides are required as condition of approval on all development specified herein and are intended to further the health, safety, welfare of the citizens of Wellsville, its visitors, and workers.
LANDSCAPE STRIP:	The area between the property side of the curb(where exists or is required) and the property line that is within the public street or right-of-way upon which landscaping, including groundcover and trees, is planted. Landscape strip is also that area from the outside edge of pavement to the property line, excluding the sidewalk. Also referred to as the parkstrip.
LANDSCAPING:	Consisting of any of the following or a combination thereof; material such as, but not limited to grass, groundcover, shrubs, vines, hedges, or trees; but excluding sand, gravel, pavers, or pavement, unless the latter are approved as a component of the landscaping plan by the Planning Commission.
LAUNDROMAT:	See Sales and Service.
LAWN:	An area of maintained turf or grass.
LEATHER GOODS SALES AND REPAIR:	See Sales and Service.
LIGHT MANUFACTURING:	See Manufacturing, Assembly, or Production.
LIQUOR STORE:	See Package Liquor Store.
LOADING AREA:	The area available for the maneuvering and standing of vehicles engaged in delivering and loading of passengers, freight, or other articles.
LOCKSMITH:	See Sales and Service.
LODGING:	A generic term for accommodations, such as motel or hotel (See "accommodations").
LODGING HOUSE:	See "Boarding house".
LOT:	Property that has been legally subdivided with appropriate City approvals on which development may occur. A.   Lot, Corner: A lot abutting two or more streets at their intersection. B.   Lot, Interior: A lot other than a corner lot. C.   Lot, Through: A lot, other than a corner lot, having frontage on two (2) parallel or approximately parallel streets.
LOT, BUILDABLE:	A parcel of land that has met all requirements of Title 11 Subdivisions. The buildable lot shall have been approved and recorded as a final plat and shall have fulfilled all requirements for improvements.
LOT COVERAGE:	The percentage of a lot covered by all building footprints.
LOT DEPTH:	The horizontal distance between front and rear lot lines measured at the mid-point between the two (2) side lot lines.
LOT LINES:	The property lines delineating the boundaries of a lot. A.   Lot Line, Corner: Any lot lines that abut a street on a corner lot. Street lot line does not include lot lines that abut an alley. On a corner lot, there are two (or more) street lot lines. Street lot line may include front lot lines and street side lot lines. B.   Lot Line, Front: A lot line that abuts a street. On a corner lot, the front line is the property line from which the main entrance to the structure is located. If two (2) or more street lot lines are of equal length, then the applicant or property owner may choose which lot line is to be the front. However, a through lot has two (2) front lot lines regardless of whether the street lot lines are of equal or unequal length. C.   Lot Line, Interior Side: Any lot line except a front or rear lot line. On a corner lot, the longer lot line that abuts a street, is a street side lot line. D.   Lot Line, Rear: A lot line that is opposite a front lot line. A triangular lot has two (2) side lot lines but no rear lot line. For other irregularly shaped lots, the rear lot line is all lot lines that are most nearly opposite the front lot line. E.   Lot Line, Street Side: A lot line that is both a side lot line and a street lot line. F.   Lot Line, Street: Any lot lines that abut a street. Street lot line does not include lot lines that abut an alley. On a corner lot, there are two (2) (or more) street lot lines. Street lot line may include front lot lines and side lot lines.
LOT OF RECORD:	A lot that was legally created before any amendment to the Land Use Regulations.
LOT RESTRICTED:	A parcel of land severed or placed in separate ownership after April 15,1972, and which does not meet all area, width, yard and other requirements of this title for a lot; or a parcel of land which does meet all the requirements of this title for a lot, but the creation of which has caused an adjacent lot from which it was severed to be insufficient in area, width, setback, yard or coverage requirements, when such adjacent lot has a structure on it or a building permit issued for a structure to be constructed on it. See Section 10-59-9.
LOT, UNBUILDABLE:	A parcel of land that has not been approved and recorded as a final plat by the City of Wellsville. A lot can also be unbuildable even if recorded as a final plat, but has no adequate buildable area within the lot because of sensitive lands as defined in the Title 10 and Title 11 or if the lot is not serviceable by required municipal services. An existing lot shall not be buildable simply because it was approved and recorded. All lots shall conform to the full measure of the City Code even though recorded correctly or incorrectly.
LOT WIDTH:	A.   Lot Width: The distance between two (2) side lot lines as measured at the midpoint between the front and rear lot lines. B.   Average Lot Width: The average horizontal distance between side lot lines C.   Minimum Lot Width: The minimum required width of a lot as measured between side lot lines at any point between the front property line and the front plane of the primary structure.

 

   Figure 10-62: Lot Width Diagram

 

LUMBER YARD:	See Warehouse, Freight Movement.
MACHINE SHOP:	See Sales and Service.
MAINTENANCE FOR BUILDINGS:	see Sales and Service.
MANUFACTURING, ASSEMBLY OR PRODUCTION:	Manufacturing and Production firms are involved in the manufacturing, processing, fabrication, packaging, or assembly of goods. Natural, manmade, raw, secondary, or partially completed materials may be used. Products may be finished or semi-finished and are generally made for the wholesale market, for transfer to other plants, or to order for firms or consumers. Goods are generally not displayed or sold on site, but if so, they are a subordinate part of sales. Relatively few customers come to the manufacturing site.
MANUFACTURED HOME PARK OR MANUFACTURED HOME SUBDIVISION:	A parcel (or contiguous parcels of land) divided into two (2) or more manufactured home lots for rent or sale for which the construction of facilities for servicing the lot (including, at a minimum, the installation of utilities, either final site grading or the pouring of concrete pads, and the construction of streets) is completed on or after the effective date of the ordinance codified in this chapter.
MANUFACTURING, LIGHT:	Manufacturing processes that do not emit detectable dust, odor, fumes, or gas beyond the boundary of the property of noises above the ambient level.
MASSAGE STUDIO:	See Sales and Service.
MEDICAL APPLIANCE FITTING OR SALES:	See Sales and Service.
MEDICAL OFFICE:	See Office.
MICROWAVE TOWER:	See Telecommunication Facilities.
MILLINER:	See Personal Custom Services.
MINERAL RESOURCE PRODUCTION, PROCESSING & STORAGE (MINING):	The extraction of minerals, including solids, such as coal and ores; liquids, such as crude petroleum; and gases, such as natural gases.
MINIATURE GOLF COURSE:	See Recreation and Entertainment Outdoor Facility).
MIXED-USE:	The combination on a site of residential uses with commercial or industrial uses.
MOBILE HOME SALES:	See Sales and Service.
MONOPOLE:	A single, self-supporting, cylindrical pole, constructed without guy wires or ground anchors that acts as the support structure for antennas.
MORTUARY:	See Sales and Service.
MOTEL:	An establishment providing sleeping accommodations and limited support services, such as no room service, no in-facility eating establishment, and limited amenities. Motels tend to be no more than three stories high, but may be higher (See also the definitions of "Accommodations" and "Hotel").
MULCH:	Nonliving organic material customarily used in landscape design to retard erosion and retain moisture.
MULTI-FAMILY:	Two (2), three (3), or four (4) attached residential dwelling units on a single parcel of land.
MUSIC STORE:	See Sales and Service.
MUSIC STUDIO:	See Sales and Service.
NEIGHBORHOOD CHARACTER:	An area of the community with characteristics that distinguish it from other areas and that may include distinct ethnic or economic characteristics, housing types, schools, or boundaries defined by physical barriers, such as major highways and railroads or natural features, such as a river or canal.
NIGHTCLUB:	See Sales and Service.
NONCONFORMING LOT:	A.   Legally Existing Nonconforming Lot: A lot or parcel that was lawful and conforming to regulations prior to the adoption, revision, or amendment of Wellsville City Code Titles 16 and 10 prior to the adoption, revision, or amendment of this Title, and by reason of the adoption, revision, or amendment does not comply with the regulations of the zoning district in which it is located. A legally existing lot shall also have been divided or subdivided in conformance with the provisions of the Utah Municipal Land Management and Development Act or Title 16 of the Wellsville City Code. B.   Illegally Existing Lot: A lot or parcel that was created without compliance with requirements of the Utah Municipal Land Management and Development Act or Title 16 of the Wellsville City Code, or lots created without compliance with Title 10 of the Wellsville City Code.
NONCONFORMING SIGN:	A. Legally Existing Nonconforming Sign: A sign that was lawful and conforming to regulations prior to the adoption, revision, or amendment of this Title, and by reason of the adoption, revision, or amendment does not comply with the use regulations of the zoning district in which it is located. B. Illegally Existing Sign: A sign that was established without compliance with regulations in effect at the time it was erected or was erected without a permit.
NONCONFORMING STRUCTURE:	A.   Legally Existing Nonconforming Structure or Building: A building or structure, the size, dimensions, or location of which was lawful and conforming to regulations prior to the adoption, revision, or amendment of this Title, and by reason of the adoption revision, or amendment does not comply with the use regulations of the zoning district in which it is located. B.   Illegally Existing Building or Structure: A building, structure, or sign that was not in compliance with zoning, building, or planning regulations in effect at the time it was constructed or erected.
NONCONFORMING USE:	A.   Legally Existing Nonconforming Use: An activity located on any land, or within building or structure that was lawful and conforming to regulations prior to the adoption, revision, or amendment of this Title, and by reason of the adoption revision, or amendment does not comply with the use regulations of the zoning district in which it is located. B.   Illegally Existing Use: The use of any land, building, or structure for which no permit was obtained, which has not complied with the use regulations of the zoning district in which it is located, or was not established in conformance with regulations of the City at the time the use was established.
NONCONFORMITY:	A use, sign, structure, lot, or other situation that does not comply with currently applicable regulations of Title 10 of the Wellsville City Code. A nonconformity may be legally existing or illegally existing as further defined in this section.
NON-VEHICLE CAMPING (TENTS) IN RV PARK:	See Recreation and Entertainment Outdoor Facility.
NURSERY - TREES, PLANTS, VEGETATION:	See Sales and Service.
OFFICIAL MAP:	A.   Official Road Map: The map of proposed streets that has the legal effect of prohibiting development of the property until the municipality develops the proposed street. The "official transportation map" includes the street and transportation maps within the General Plan, the street maps within the City of Wellsville "Road Master Plan," and the street maps within any plans prepared by the Cache Metropolitan Transportation Organization. B.   Official Zoning Map: The map enacted by the City Council identifying the location of all zoning districts as applied to lands within the City of Wellsville.
OFFICE:	General business, government, professional medical or financial services A building, or portion of a building, used for conducting the affairs of a business, profession, service, industry, or government and generally furnished with desks, tables, files, and communication equipment. The following are specific types of office uses: A.   Bank, savings and loans, or credit union: A financial institution that accepts deposits and channels money into lending activities. B.   Clinic, medical dental, or optical: A business wherein services are performed for the diagnosis and treatment of human and animal patients, with a moderate to high level of client interaction and traffic generated by employees and/ or clients. A medical office does not include an overnight care facility for humans. C.   Laboratory, scientific or research: A workplace for the conduct of scientific research which offers opportunities for observation, practice, and experimentation. D.   Wholesale office: An area used for conducting the affairs of a business in the sale of goods in large quantities, as for resale by a retailer. (See Wholesale, Sales and Service)
OFF-SITE IMPROVEMENTS:	Construction of public facilities or public improvements that are not located on the parcel under development.
ON-SITE IMPROVEMENTS:	Construction of public facilities or public improvements and access within the boundaries of a lot proposed for development.
OPEN AREAS:	See Parks.
OPEN SPACE:	An area of land or water that may be used for passive or active recreation, agriculture, conservation, landscaped areas, preserves of the natural environment, scenic land, and/or other use that is of a suitable size, topography, location, and shape to permit the activities for which it is intended as determined by the Planning Commission, but shall not include critical lands as defined in this section.
OPEN SPACE, USEABLE:	Land areas within a lot or parcel that is used in conjunction with a primary use designed and intended for the use or enjoyment of the residents and their guests of the development and shall include improvements as necessary and appropriate for use as useable outdoor space. Open space may include accessory structures that enhance its use and enjoyment. Useable outdoor space shall be generally landscaped and may include patios, decks, shade structures, play equipment, play courts, walkways, and landscaped plazas. Useable outdoor space shall not include required setbacks, parking, and/or driveways. Stormwater facilities qualify as useable outdoor space if the physical characteristics are functional as useable areas for the Intended purpose of useable outdoor space.
OPTICAL OFFICE:	See Office.
PACKAGE LIQUOR STORE:	See Sales and Service.
PAINT SALES:	See Sales and Service.
PASSENGER TERMINALS:	A designated area where transfers between modes of transportation take place.
PASSENGER TERMINAL (AIR):	Facilities for the landing and takeoff of flying equipment, arrival and departure of vehicles, including loading and unloading areas for passengers, cargo, or freight.
PARCEL:	Same as "Lot."
PARKING AREA:	Any public or private area, under, above, or outside a building or structure, designed and used for parking motor vehicles. Driveways, private garages, parking lots, private driveways may be part of parking areas.
PARKING BRIDGE:	A structure typically spanning an irrigation gutter or similar feature allowing vehicles to travel from the pavement of a street onto a parking area or private property.
PARKING, COMMERCIAL:	An area, privately owned, that provides temporary storage of motor vehicles where a fee is charged. Private parking is provided off-street and the primary use of the property is commercial parking not accessory to a primary use. The surface of a commercial parking facility is paved with a bituminous or concrete surface. Commercial parking may be at ground level or within a multilevel structure.
PARKING SPACE:	A hard surfaced area for short-term storage of vehicles.
PARKS:	Uses of land focusing on natural areas, large areas consisting of mostly of vegetative landscaping or outdoor recreation, community gardens, or public squares. Lands tend to have few structures.
PAVED AREA:	An uncovered hard surfaced area or an area covered with a perforated hard surface (such as "grasscrete") that may withstand vehicular traffic or other heavy impact uses. Gravel covered areas are not considered paved areas.
PAWN SHOP:	See Sales and Service.
PERFORMANCE STANDARD:	A regulation, quantity, timing requirement, or other requirement of this Title for which the code identifies an objective or measure to be achieved or accomplished but allows the decision-makers or project applicant the flexibility to propose the means by which the requirement will be successfully achieved.
PERSON:	Any person, partnership, association, limited liability corporation, or corporation.
PERSONAL CUSTOM SERVICES:	See Sales and Service.
PET HOSPITAL:	See Sales and Service.
PET SHOP:	See Sales and Service.
PHARMACY:	See Sales and Service.
PHOTOGRAPHY STUDIO :	See Sales and Service.
PLANNING COMMISSION:	The Planning Commission of the City of Wellsville or the Planning Commission's designee. Planning Commissions of other departments are referenced by department, division, or title. The five (5) member body appointed by the Mayor as authorized in Wellsville City Code Chapter 2-40.
PLANT SALES:	See Sales and Service.
PLANT UNIT:	A numeric measurement to establish planting requirements which can be expressed in optional plant types. Units provide equivalency values for each plant type as described elsewhere in this chapter.
PLAT:	The official map approved by the City, prepared for recordation showing the boundaries of the subdivision, the location of lots, easements, streets, common areas, and upon which are affixed required signatures, notes, and other such inscriptions as required by conditions of project approval.
PLUMBING SHOP:	See Sales and Service.
POST INCARCERATION FACILITIES:	See Alternative or Post Incarceration Facilities.
PRELIMINARY PLAT:	A draft or proposed map of a subdivision presented to the City for review and action.
PRESCRIPTIVE STANDARDS:	A regulation, quantity, timing requirement, or other requirement of this Title for which the code specifies or prescribes what must be accomplished or achieved.
PRIMARY STRUCTURE:	A structure or combination of structures of chief importance or function on a site. Usually, the primary use of the site is carried out in a primary structure. The difference between a primary and accessory structure is determined by comparing the size, placement, similarity of design, use of common building materials and the orientation of the structures on a site. Garages are an accessory use.
PRIMARY USE:	An activity or combination of activities of chief importance on the site. One of the main purposes for which the land or structures are intended, designed, or ordinarily used. A site may have more than one primary use.
PROJECT:	A.   "Project" means any application, petition, or request for an action by the City that results in the issuance of a permit, approval or conditional approval of a development entitlement, or authorization by a City official, board, commission, committee, or council. B.   "Project" means development on a particular area of land.
PROPONENT:	A person who advocates on behalf of a project. A proponent may be the owner of the property or someone who is representing the owner such as a builder, developer, optional purchaser, consultant, or architect.
PROPERTY OWNER FOR PURPOSES OF MAILED NOTICE:	The person who is shown on the County's rolls as the record owner of a lot or parcel in the City of Wellsville. The "record property owner on the latest County rolls" means the person shown as an owner of record as of the time the property rolls were finalized for setting property tax bills. Generally, this means the property owner as of January first of a calendar year.
PROVISIONING SALES:	See Sales and Service.
RADIO TOWER:	See Telecommunication Facilities.
RADIO TRANSMITTING STATION:	See Sales and Service.
RAIL LINES:	Railroad tracks and lines for the movement of trains or light-rail passenger cars.
RAILROAD STATION:	See Sales and Service.
RECREATION AND ENTERTAINMENT OUTDOOR FACILITY:	Recreation and Entertainment Outdoor, Facility uses are large, generally commercial, uses that provide continuous recreation or entertainment-oriented activities. Generally located outdoors, the uses are designed and equipped for the conduct of sports and leisure-time activities. A. Golf Course: A tract of land laid out and designed for the game of golf that may include a clubhouse, dining and snack bars, pro shop, and practice facilities. B. RV Park, Short-Term: Any lot or parcel of land upon which a site is located, established, or maintained for occupancy by recreational vehicles for a fee as temporary living quarters for recreation or vacation purposes, for a period not to exceed seven days. C. RV Park, Long-Term (see Parking, Recreational Vehicle Park): Any lot or parcel of land upon which a site is located, established, or maintained for occupancy by recreational vehicles for a fee as temporary living quarters for recreation or vacation purposes, for a period longer than seven days. D. Non-vehicle Camping (Tents) in RV Park: A designated area within a Recreational Vehicle Park specifically established for occupancy by people with tents for sleeping and vacation purposes. E. Tent Campground: Any lot or parcel of land upon which a site is located, established, or maintained for occupancy by people with tents for a fee for temporary vacation and recreational purposes. F. Miniature Golf Course and Accessory Recreation: A facility or tract of land laid out and designed for a miniature version of the sport of golf. This may include a dining establishment and snack bars or other subordinate features.
RECREATIONAL SPORTING GOODS SALES :	See Sales and Service.
REDUCING STUDIO:	See Sales and Service.
RELIGIOUS INSTITUTIONS:	A structure or place that primarily provides a meeting area for religious activities and where worship, ceremonies, rituals, and education pertaining to a particular system of beliefs are held; a church, synagogue, temple, mosque, or other facility that is used for prayer by persons of similar beliefs; a special-purpose building that is architecturally designed and particularly adapted for the primary use of conducting formal religious services on a regular basis.
REPAIR SERVICE FOR BUILDINGS:	See Sales and Service.
RESIDENTIAL FACILITIES FOR THE ELDERLY:	The City adopts the standards and definitions within the Utah Code.
RESIDENTIAL FACILITIES FOR PEOPLE WITH DISABILITIES:	The City adopts the standards and definitions within the Utah Code.
RESIDENTIAL PROGRAMS FOR DRUG AND ALCOHOL TREATMENT:	A nonprofit or for-profit group home for the sheltered care of persons with special needs, which, in addition to providing food and shelter, may also provide some combination of personal care, social or counseling services, and transportation.
RESTAURANT	See Sales and Service.
RETAIL FOOD ESTABLISHMENT - MOBILE	A vehicle, normally and not limited to, a van, truck, towed trailer, or push cart from which food or beverages are sold.
RETAIL SALES:	Businesses or other establishments engaged in selling goods of merchandise to the general public for personal or household consumption and rendering services incidental to the sale of such goods.
RETAIL SALES ESTABLISHMENT:	A business location engaged in retail sales which result in activities intended to attract the general public to buy including receiving and reselling goods, including process or manufacture of products, such as baked goods or jewelry, provided that the two-thirds or more of the sales volume of the process or manufacture goods is sold on premises.
RETAIL SALES - OUTDOOR:	The display and sales or products or services primarily outside of a building or structure including vehicles, building materials, garden supplies, gas, food and beverages, boats and aircraft, farm equipment, recreation vehicles, building and landscape materials, and lumber yards.
RETAIL SERVICES:	An establishment providing services or entertainment, as opposed to products, to the general public for personal or household use, including eating and drinking places, hotels and motels, finance, real estate, insurance, personal service, motion pictures or video, amusement and recreation services, health, educational, and special services, museums, and galleries.
REVIEW BODY:	A person or group authorized in the Land Use Regulations to conduct land use reviews and to act in an advisory capacity.
RIGHT-OF-WAY ACCESS PERMIT:	A permit issued by the Department of Public Works to allow a private party revocable permission to work within or access from private property into the public right-of-way.
RIGHT-OF-WAY PARKING PERMIT:	A permit issued by the Department of Public Works to allow a private party revocable permission to maintain parking spaces within the public right-of-way.
RIPARIAN:	An area associated with a natural water course including its wildlife and vegetation.
ROOF LINE:	On buildings without a pitched roof, the roof line shall mean the top of the exterior wall elevation. On buildings with a pitched roof, roof line shall mean the ridgeline of the roof.
RV PARK, LONG-TERM:	See Recreation and Entertainment Outdoor Facility.
RV PARK, SHORT-TERM:	See Recreation and Entertainment Outdoor Facility.
SAFETY SERVICE:	Uses that provide public safety and emergency response services. They often need to be located in or near the area where the service is provided. Employees are regularly present on-site.
SALES AND SERVICE:	Sales and Service firms are involved in the sale, lease or rent of new or used products to the general public. They may also provide personal services or entertainment, or provide product repair or services for consumer and business goods. The following sales and service definitions as shown in Tables 10-14-2 and 10-17-2: A. Adult-Oriented Business: Any or all of the following or any portions of the following:    1. Adult Bookstore, Adult Video Store, Adult Novelty Store:        a. A business which excludes minors from more than 15% of the retail floor or shelf space of the premises; or        b. A business which, as one of its principal purposes, offers for sale, exhibition, or rental, for any form of consideration, any one or more of the following: books, magazines, novelties, periodicals, or other printed matter; or photographs, films, motion pictures, video cassettes, or video reproductions, slides, or other visual representations, the central theme of which depicts or describes "specified sexual activities" or "specified anatomical areas;" or instruments, devices, or paraphernalia which are designated for use in connection with "specified sexual activities," except for legitimate medically recognized contraceptives.    2. Adult Business or Adult-Oriented Business: An adult motion picture theater, adult theater, adult bookstore, adult video store or adult novelty store.
	3. Adult Motion Picture Theater: A commercial establishment which:        a. Excludes minors from the showing of two consecutive exhibitions (repeated showings of any single presentation shall not be considered a consecutive exhibition); or        b. As its principal business, shows, for any form of consideration, films, motion pictures, video cassettes, slides, or similar photographic reproductions which are primarily characterized by the depiction or description of "specified sexual activities" or "specified anatomical areas."    4. Adult Theater: A theater, concert hall, auditorium, or similar commercial establishment which:       a. Holds itself out as an adult theater; or         b. Excludes minors from the showing of two consecutive exhibitions (repeated performance of the same presentation shall not be considered a consecutive exhibition); or       c. As its principal purpose or business, features persons who appear in live performances in a state of semi-nudity or which are characterized by the exposure of specified anatomical areas or by specified sexual activities.    5. Principal Purpose: A component of a business which generates fifteen (15%) or more of gross sales or utilizes ten percent (10%) or more of retail display area.    6. Semi-Nude: A stated of dress in which opaque clothing covers no more than the areola of the female breast; and the male or female genitals, pubic region, and anus shall be fully covered by an opaque covering no narrower than four inches wide in the front and five inches wide in the back, which shall not taper to less than one inch wide at the narrowest point.
	7. Specified Anatomical Areas: The human male or female pubic area or anus with less than a full opaque covering, or the human female breast below a point immediately above the top of the areola, with less than full opaque covering.    8. Specified Sexual Activities: means:       a. Acts of:          (1) Masturbation,          (2) Human sexual intercourse,          (3) Sexual copulation between a person and a beast,          (4) Fellatio,          (5) Cunnilingus,          (6) Bestiality,          (7) Pederasty,          (8) Buggery, or          (9) Any anal copulation between a human male and another human male, human female, or beast;       b. Manipulating, caressing or fondling by any person of:          (1) The genitals of a human,          (2) The pubic area of a human,          (3) The breast or breasts of a human female;          (4) Flagellation or torture by or upon a person clad in undergarments, a mask or bizarre costume, or the condition of being fettered, bound or otherwise physically restrained on the part of the one so clothed.
	B. Amusement, Commercial Indoor: A recreational facility conducted entirely indoors for commercial purposes, with or without seating for spectators, and providing accommodations for a variety or individual, organized or franchised sports, including wrestling, soccer, tennis, volleyball, racquetball, handball, bowling, skating, and ice skating. Such facility may also provide other regular organized or franchised events, such as children's amusements, skateboard facilities, trampoline or gymnastics facilities, swimming pools, snack bar, restaurant, retail sales or related sports, health, or fitness items, and other support facilities. C. Animal Clinic or Pet Hospital, no outdoor pens: A facility where animals receive medical care and the indoor boarding of animals is limited to short-term care incidental to the hospital use. D. Animal Clinic or Pet Hospital, with outdoor pens: A facility where animals receive medical care and the indoor and/or outdoor boarding of animals is limited to short-term care incidental to the hospital use.
	E. Antique or Collectible Shop: Retail establishments engaged in the selling or rental of antiquated goods or merchandise. F. Art Supply Store: Retail or wholesale establishments engaged in the selling or rental of art supplies. G. Barber or Beauty Shop: An establishment providing cosmetic treatment services for men and women. Other variations of this type of business include hair salons and spas. H. Bakery or Confectionary Shop, retail sales: An establishment where products such as bread, cake, and pastries are baked or sold. I. Brew Restaurant: A business licensed to sell beer for on-premises consumption in connection with a bona fide restaurant where the revenue from the sale of beer is less than fifty percent (50%) of the gross dollar volume. A Brew Restaurant is also licensed to brew beer in batch sizes that provide enough beer for the sale and consumption on site in connection with the restaurant and has any licenses subject to the applicable provisions of DABC. J. Camera Shop: Retail or wholesale establishments engaged in the selling or renting of photography products. K. Camping Supply Store in RV Park: An establishment in the business of offering sales of recreational vehicle and camping supplies located inside an RV Park. L. Carpet Sales, Retail and Wholesale: An establishment in the business of selling and/or installing carpet and carpet supplies at a retail or wholesale value. The carpets have been manufactured at a different location than where they are sold.
	M. Carwash: Any building or premises used for washing motor vehicles. N. Clothing: Retail or wholesale establishments engaged in the selling of clothing apparel. O. Club, Private: A building, or portion thereof, used by a group of people organized for recreational activities or to pursue common goals, interests, or other similar activities, usually characterized by certain membership qualifications and entry payment and/ or fees. P. Convenience Market, no gasoline: A retail establishment of up to 5,000 square feet selling primarily food products, household items, newspapers and magazines, candy, and beverages, and limited amount of freshly prepared foods such as sandwiches and salads for off-premises consumption. Q. Copy Center: A facility established for the use of copying and/ or scanning devices, typically for profit. R. Dairy Products: are derived from milk, the secretion of the mammary glands of mammals, usually cows, sheep, goats, buffalo, mare, camel, or yak. S. Dance Hall or Nightclub: An establishment vending liquor and meals and in which music, dancing, or entertainment is conducted.
	T. Department or Discount Store: A single store, or group of stores, selling merchandise at lower-than-usual prices. U. Drug Store or Pharmacy: A store where the primary business is the preparation and dispensing of medical prescriptions and the sale of drugs, medical devices and supplies, and nonprescription medicines, but where nonmedical products may be sold as well. V. Dry Cleaner: An establishment in the business of providing dry-cleaning services on the premises. Customers typically drop off their items to be dry-cleaned by the employees of the business. W. Florist Shop: An establishment providing the arrangement and sale of flowers and similar accessory products. X. Furniture or Appliance Store: An establishment engaged in the selling of furniture and home-good appliances at retail price, open to the general public. Y. Garden Shop, Plant Sales, Nursery: The growing, cultivation, storage, and sale of garden plants, flowers, trees, shrubs, and fertilizers, as welt as the sale of garden tools and similar accessory and subsidiary products to the general public. Z. Grocery Store: An establishment primarily for the retailing of food.
	AA. Handicraft and Art Object Sale: An event for the display and sale of handmade goods and art pieces. BB. Hardware Store: An establishment in the business of selling metal goods and utensils such as locks, hinges, latches, handles, wire, plumbing supplies, tools, and cutlery. CC. Hobby Shop: A place where recreational modeling and craft supplies are sold, in addition to collectibles, games, and other small items for the interest or activity to be not a main occupation. DD. Kennel: A commercial establishment in which dogs or domesticated animals are housed, groomed, bred, boarded, trained, or sold, all for a fee or compensation. A business license may be required. EE. Large Footprint: Retail sales establishments in freestanding industrial-style buildings, typically one story, with floor areas of greater than one hundred thousand (100,000) square feet.
	FF. Laundromat: An establishment providing washing, drying, or dry-cleaning machines on the premises for a charged use to the general public. GG. Locksmith or Key Shop: A place where locks and/ or keys are made or repaired. HH. Maintenance or Repair Service for Buildings: The practice of fixing mechanical, structural, or electrical problems and performing routine actions which keep a building in good condition and working order. Grounds keeping and maintenance may be included as secondary to this service. II. Medical Appliance Fitting or Sales: The business of selling or installing medical equipment. JJ. Mortuary: A place for the storage of human bodies prior to autopsy, burial, or release to survivors. KK. Music Store: Retail establishments engaged in the selling or rental of music records and/ or supplies. LL. Package Liquor Store: A store that sells alcoholic beverages for the consumption to take place elsewhere.
	MM. Paint Sales: Retail or wholesale establishments engaged in the selling or rental of paint supplies. NN. Pawn Shop: An establishment in the business of offering secured loans to people, with items of personal property used as collateral. The business may also sell items that have been sold outright by customers to the pawnbroker or secondhand dealer. OO. Personal Custom Services, such as milliner, tailor, etc.: An establishment providing services such as to alter and repair made-to-measure clothing, dresses, coats, hats, and other garments. PP. Pet Shop (Small Animals): An establishment in the business of offering display and sales of small domesticated animals including dogs, cats, birds, reptiles, rodents or similarly sized animals for the purpose of being household pets. QQ. Plumbing Shop: An establishment in the business of offering sales and service of products relating to residential and commercial plumbing equipment. RR. Provisioning and Recreational Sporting Goods Sales: An establishment providing sale, rental or repair of sporting goods and products for the purpose of outdoor/indoor recreation.
	SS. Radio or Television Transmitting Stations, commercial: An establishment engaged in transmitting oral and visual programs to the public and which may consist of a studio, transmitter, tower, and antenna(s). TT. Railroad or Bus Passenger Station: Facilities at selected points along transit routes for passenger pickup, drop-off, and waiting. UU. Repair of Appliances, TVs, Radios: The service of improving or correcting deficiencies, resulting from normal wear and tear or a manufactured error, in electrical appliances such as televisions, radios, vacuums, or other personal and/ or household items. VV. Restaurant, Cafeteria: A restaurant in which patrons wait on themselves, food is displayed and served from counters, where it is then taken to their tables. WW. Restaurant, Brew (see "Brew Restaurant" in Sales and Service).
	XX. Restaurant, Fast Food: A quick service restaurant characterized by its inexpensive food and minimal table service. YY. Restaurant, General: An establishment where food and drinks are prepared, served, and consumed, mostly within the principal building. ZZ. Shoe, Boot or Other Leather Goods Sale and Repair: An establishment or workshop where footwear or other leather goods are sold, rented, serviced or repaired. AAA. Storage Warehouse: A building that is primarily used for the storage of goods or merchandise. BBB. Studio - Health, Exercise, Massage, Reducing or Similar Service: An establishment providing space for aerobic exercises, running and jogging, exercise equipment, game courts, swimming facilities, and saunas, showers, massage rooms, and lockers. CCC. Studio - Photographer, Artist, Music, Dance, and Drama: The workshop of an artist, sculptor, photographer, or craftsperson or a workplace where film production takes place. DDD. Tavern: An establishment in which alcoholic beverages are served, primarily by the drink, and where food or packaged liquors may also be served or sold.
	EEE. Tennis or Swim Club, Private Indoor: A facility which requires a membership or fee to enter the premises, primarily for the game of tennis or swimming, and other ancillary activities or services. FFF. Theaters: A building or part of a building used to show motion pictures or live performances in drama, dance, musical, or other similar entertainments. GGG. Trailer and Mobile Home Sales: An area, other than the right-of-way or public parking areas, used for display, sale, or rental of new or used trailers or recreation vehicles in operable condition. HHH. Vehicle Parts Sales, new or reconditioned, indoor: An indoor area enclosed within a structure by walls and a roof overhead used for storage, display or sale of new or used vehicle parts. III. Vehicle Parts Sales, new or reconditioned, outdoor: An outdoor area on private property larger than one thousand (1,000) square feet used for storage, display or sale of new or used vehicles parts. JJJ. Vehicle and Equipment Sales: An area, other than the right-of-way or public parking areas, used for display, sale, or rental of new or used vehicles and equipment in operable condition.
	KKK. Vehicle, Recreational: A vehicular-type portable structure without permanent foundation that can be towed, hauled, or driven and is primarily designed for recreational and camping purposes. LLL. Vehicle, storage: Any lot or parcel of land upon which a site is located, established, or maintained for occupancy by vehicles. MMM. Welding or Machine Shop: A workshop where tools are used to for making, finishing, cutting, and connecting products or parts.
SATELLITE FACILITIES:	Any device designed for over-the-air reception of television broadcast signals, multi-channel multipoint distribution service or direct satellite service.
SAVINGS AND LOAN:	See Office.
SCHOOL:	Any building or part thereof which is designed, constructed, or used for education or instruction in any branch of knowledge (This component of the definition is all encompassing and includes all types of schools, whether public, private, parochial, nonprofit, or for-profit). A.   School, Elementary: Any school licensed by the State that meets the state requirements for elementary education. B.   School, Parochial: A school supported and controlled by a church or religious organization. C.   School, Private: Any building or group of buildings, the use of which meets state requirements for elementary, secondary, or higher education and which does not secure the major part of its funding from any governmental agency. D.   School, Public: Any building or group of buildings, the use of which meets state requirements for elementary, secondary, charter school, or higher education and which does secure the major part of its funding from taxes or any governmental agency. E.   School, Secondary: Any school licensed by the state and that is authorized to award diplomas for secondary education. F.   School, vocational, or technical: A secondary or higher education facility primarily teaching usable skills that prepare students for jobs in a trade and meeting the state requirements as a vocational facility.
SENIOR HOUSING:	This type of housing is one level housing with an attached two car garage. The development encourages walking and is accessible to some form of public transportation. Similar housing is also known as independent living, or retirement facilities. See Section 10-54-7.
SERVICE TO MOTOR VEHICLES:	Where driver/passenger generally waits in car (see Vehicle Service).
SETBACK:	The distance that is required by the Land Use Regulations to be maintained in an landscaped state between a structure and the property line of the lot on which the structure is located. The term "setback" refers to a required minimum distance while the term "yard" refers to the actual open area. Refer to Figures 10-62B and 10-62C. A. Setback, Corner: The distance from the street side property line not designated as a "front setback" to the closest distance a structure may be located from the property line. B.   Setback, Front: The distance from the front property line to the closes point a structure can be constructed to the front property line. C.   Setback, Side Interior: The distance from the interior side property lines to the closest distance a structure may be located from the property line. D.   Setback, Rear: The distance from the rear property to the closest distance a structure may be located from the property line.

 

   Figure 10-62B: Local of Building Setbacks on Corner Lots

   (Figure not provided)

Figure 10-62C: Location of Building Setbacks and Examples, Traditionally Situated Lot

SHADE TREE:	A hardwood tree that reaches a mature height of at least fifteen feet (15') at maturity, provides relief from direct sunlight and is included in the permitted species list.
SHED:	A permanent or temporary structure that is less than one hundred and twenty square feet in gross floor area, has no electricity or plumbing, and does not require a building permit (Any structure with electricity or plumbing requires a building permit, and is defined as a "structure." Any shed over one hundred twenty (120) square feet is a "structure").
SHELTER:	A building serving as a residence for designated persons or special classes of persons; or a building serving as a temporary refuge.
Emergency Shelter	A building serving as a temporary residence for persons, other than homeless persons, while temporarily awaiting permanent housing or a return to permanent housing.
Homeless Shelter	A building serving as a permanent dwelling unit for homeless persons without limitation on the length of stay.
Transitional shelter for the homeless	A building serving as a residence for homeless persons on an interim basis while more permanent shelter or housing facilities are being prepared for their occupancy. A "transitional shelter for the homeless" can also be an emergency shelter for homeless persons.
SHOE REPAIR:	See Sales and Service.
SHRUB:	A bushy, woody plant usually with several permanent stems, and usually not over ten feet (10') high at maturity and not less than eighteen inches (18") upon installation.
SIGHT DISTANCE TRIANGLE:	The distance along public or private right-of-way as measured from the intersection of the property line to a distance along each street forty feet from the intersection of property lines. This zone shall be clear of all structures, landscaping, vehicles, or any other object exceeding three feet (3') in height.

 

   Figure 10-62D: Sight Distance Triangle

   

SIGN:	Any object, device, display, or structure, or part thereof, situated outdoors or indoors, which is used to advertise, identify, display, direct, or attract attention to an object, person, institution, organization, business, product, service, event, or location by any means, including words, letters, figures, design, symbols, fixtures, colors, illumination, or projected images.
SIGN - ANIMATED OR MOVING:	Any sign or part of a sign that changes physical position or light intensity by any movement or rotation or that gives the visual impression of such movement or rotation. Electronic message centers and visual broadcast centers are not classified as animated or moving signs.
SIGN - ARCHWAY:	A sign suspended in the form of an arch supported by columns that reflect the material and design elements of buildings within the project. Archway signs provide an attractive entrance features located at roadway entrances and pedestrian entrances to a project. Archway signs shall only include the name of the project in the sign copy.
SIGN - ATTENTION-GETTING DEVICE:	Attention-getting devices, including pennants, whirly-gigs, streamers, and other similar devices broadly defined to include triangular plastic flags attached to wires, ropes and strung between products, poles, light standards, or the ground. Whirly-gigs are generally plastic or wood devices that move in the wind or air currents. Other attention getting devices include streamers or colorful materials attached to buildings, vehicles, vehicle antennas, furniture, large products, light standards, or other supports.
SIGN - AWNING, CANOPY, OR MARQUEE:	A sign that is mounted, painted, or attached to an awning, canopy, or marquee that is otherwise permitted by ordinance.
SIGN - BANNER:	A.   Banner, Generally: A sign constructed on a soft, pliable, or flexible fabric or other material, generally cloth or vinyl, upon which the sign message is applied. Generally banners are mounted by means of temporary supports, such as ropes or wires, through grommets or holes in the fabric material. B.   Commercial Banner: A banner that is erected by a business for purposes of attracting attention to products, services, activities, promotions, or events occurring on or at the location of the business. C.   Noncommercial Banner: A banner that is erected by the City, a nonprofit organization, bona fide service club, school, religious institution, or bona fide club for purposes of promoting a specific event or activity open to the public.
SIGN - BENCH:	A sign painted, located on, or attached to any part of the surface of a bench, seat, or chair placed on or adjacent to a Public place or roadway.
SIGN - BILLBOARD:	See "Billboard."
SIGN - BUILDING:	A sign fastened to or painted on the wall of a building or structure in such a manner that the wall becomes the supporting structure for, or forms the background surface of, the sign and that does not project more than twelve inches from such building or structure.
SIGN - BULLETIN BOARD:	A sign that identifies an institution or organization on the premises of which it is located and that contains the name of the institution or organization, the names of individuals connected with it, and general announcements of events or activities occurring at the institution or similar messages.
SIGN - BUSINESS:	A sign that directs attention to a business or profession conducted, or to a commodity or service sold, offered, or manufactured, or to an entertainment offered on the premises where the sign is located.
SIGN - CABINET:	A sign enclosed and supported by a frame that is attached to a wall.
SIGN - CONSTRUCTION:	A temporary sign erected on the premises on which construction is taking place, during the period of such construction, indicating the names of the architects, engineers, landscape architects, contractors or similar artisans, and the owners, financial supporters, sponsors, and similar individuals or firms having a role or interest with respect to the structure or project.
SIGN - DIRECTIONAL:	Signs limited to directional messages, principally for pedestrian or vehicular traffic, such as "one-way," "entrance," and "exit" or a sign commonly associated with, and not limited to, information and directions necessary or convenient for visitors coming on the property, including parking areas, circulation direction, rest rooms, and pickup and delivery areas.
SIGN - DIRECTORY:	A sign listing the tenants or occupants of a building or group of buildings or project and that may indicate their respective professions or business activities.
SIGN - FACE:	The area or display surface used for the message.
SIGN - FREESTANDING:	Any permanent, immovable sign not affixed to a building.
SIGN - GOVERNMENTAL:	A sign erected and maintained pursuant to and in discharge of any governmental functions or required by law, ordinance, or other governmental regulation.
SIGN - HOLIDAY DECORATION:	Temporary signs, in the nature of decorations, clearly incidental to and customarily and commonly associated with a national, local, or religious holiday.
SIGN - HOME OCCUPATION:	A sign containing only the name and occupation of an appropriately licensed permitted home occupation.
SIGN - ILLUMINATED:	A sign lighted by or exposed to artificial lighting either by lights on or in the sign or directed toward the sign.
SIGN - INFLATABLE:	Any display greater than six feet in height, including any tethering material, capable of being expanded by air or other, gas and used on a permanent or temporary basis to advertise a product or event. A display of six feet (6') or less in height is defined as a balloon.
SIGN - MEMORIAL:	A sign, tablet, or plaque memorializing a person, event, structure, or site.
SIGN - MENU BOARD:	A sign that displays items for sale at a drive-through window.
SIGN - MESSAGE CENTER, ELECTRONIC:	Signs with alphabetic, pictographic, or symbolic information content can be changed or altered on a fixed display surface composed of electrically illuminated and changeable segments. Signs with informational content that can be changed or altered by means of computer driven or electronically created impulses.
SIGN - MESSAGE CENTER, MANUAL:	Signs with alphabetic, pictographic, or symbolic information content can be changed or altered on a fixed display surface changed by manual means, such as and not limited to removing and replacing messages by changing individual letters.
SIGN - MONUMENT:	Any sign, other than a pole sign, in which the entire bottom is in contact with or is close to the ground and is independent of any other structure.
SIGN - PAINTED:	A sign that is painted directly onto the wall of a building or structure without a physical structure or frame and does not meet the definition of "wall art" (Refer to "Wall Art").
SIGN - POLE:	A sign that is mounted on a freestanding pole or other support.
SIGN - POLITICAL:	A temporary sign announcing or supporting political candidates or issues in connection with any national, state, or local election.
SIGN - PORTABLE:	A sign that is not permanent, affixed to a building, structure, or the ground.
SIGN - PERPENDICULAR:	A sign that is wholly or partly dependent upon a building for support and that projects more than twelve inches from such building.
SIGN - READER BOARD:	See "sign - message center, manual."
SIGN - REAL ESTATE:	A sign pertaining to the sale or lease of the premises, or a portion of the premises, on which the sign is located.
SIGN - ROOF:	A sign that is mounted on the roof of a building or that is wholly dependent upon a building for support and that projects above the top walk or edge of a building with a flat roof, the eave line of a building with a gambrel, gable, or hip roof, or the deck line of a building with a mansard roof.
SIGN - TEMPORARY:	A sign or advertising display constructed of cloth, canvas, fabric, plywood, or other light material and designed or intended to be displayed for a short period of time. Political election signs are considered temporary signs.
SIGN - VEHICLE:	A sign on a vehicle not customarily and regularly used to transport persons or properties.
SIGN-WALL:	See "sign - building."
SIGN - WINDOW:	Logos, graphics, or advertising copy attached to or painted on a window.
SIGN AREA:	The entire face of a sign, including the advertising surface and any framing, trim, or molding but not including the supporting structure (see also Chapter 10-40).
SINGLE FAMILY:	One family as defined in this chapter (Refer to Chapter 10-62 "Family").
SITE PLAN:	A development plan or drawing which contains information required by the City intended to show existing and proposed site conditions, and other information necessary to obtain a permit or other approval.
SKETCH PLAN:	A draft, rough, or conceptual drawing that expresses the general location of site development features, buildings, or other changes to the site that is prepared in order to obtain preliminary comments or address issues associated with the proposed development of a site. Sketch plans are prepared in advance of the expense required to prepare a full site plan.
SORORITIES:	See Group Living.
STEALTH TELECOMMUNICA- TIONS FACILITIES:	Antennas, antenna support structures and equipment facilities camouflaged or designed to blend with surrounding land uses, features, and architecture, thereby minimizing the aesthetic impact on adjacent uses, and concealing the intended use and appearance of the telecommunications facility.
STORAGE OF SAND, GRAVEL, EARTH OR STONE:	See Warehouse, Freight Movement.
STORAGE, OUTDOOR:	The use of open areas of the lot (except the front yard) for storage of items used for non-retail or industrial trade, the storage of merchandise inventory, and the storage of bulk materials such as sand, gravel, and other building materials. Outdoor storage shall also include contractors' yards or recycling areas.
STORAGE, SELF-SERVICE:	Self-Service Storage uses provide separate storage areas for individual or business uses. The storage areas are designed to allow private access by the tenant for storing or removing personal property.
STORAGE UNIT, COMMERCIAL:	Uses providing storage areas for individual or business uses
STORAGE WAREHOUSE:	See Sales and Service. A building used primarily for the storage of goods and materials.
STORY, HALF:	A story under a gable or hip or gambrel roof the wall plates of which, on at least two (2) opposite exterior walls, are not more than two feet (2') above the floor of such story.
STORY:	That portion of a building included between the surface of any floor and the surface of the next floor above it, or if there is no floor above it then the space between such floor and the ceiling next above it; not including cellar or basement.
STREET:	Public right-of-way, including highways, avenues, boulevards, parkways, roads, lanes walks, alleys, viaducts, subways, tunnels, bridges, public easements, and other ways. The public right-of-way shall also include the planting strip, sidewalk, drainage swales and curb, and gutter where required.
STRUCTURE:	Has the meaning as defined in the current adopted edition of the Uniform Building Code.
STRUCTURE, LEAN-TO:	A lean-to Is a building in which the rafters lean against another building! or wall for structural support at the upper slope of roof, A lean-to has a sloping roof and three walls or it may be open on the sides. The lean-to abuts the wall of another structure. The roof may align with the roof of the supporting structure or it may be lower.
STUDIO:	See Sales and Service.
SUBDIVISION:	A.   "Subdivision" means any land that is divided, re-subdivided, or proposed to be divided into two or more lots, parcels, sites, units, plots, or other division of land for the purposes, whether immediately or future, for offer, sale, ground lease, or development either on the installment plan or upon any and all other plans, terms, and conditions, including for purposes of securing financing. B.   Subdivision Includes:    1.   The division or development of land whether by deed, metes and bounds description, devise and testacy, lease, map, plat, or other recorded instrument; or    2.   Divisions of land for all residential and nonresidential uses, including land used or to be used for commercial, agricultural, and industrial purposes, or    3.   The creation of condominiums, townhomes, planned developments, and any other project that results in individual ownership in fee title, airspace, or cooperatively; or    4.   Stock cooperatives. C.   "Simple Subdivision" means "subdivision". D.   "Major Subdivision" means "subdivision". E.   "Minor Subdivision" means "subdivision". F.   "Lot Split" means subdivision. G.   When counting lots in a subdivision, the lot that exists prior to subdivision counts as one lot.
SUBDIVISION ORDINANCE:	The "subdivision ordinance" is incorporated within the City of Wellsville Code, Title 11 .
SWIM CLUB:	See Sales and Service.
TAILOR:	See Personal Custom Services.
TANDEM PARKING:	A parking design in which one (1) car parks behind another car in a single width driveway lane or single width parking space.

 

   Figure 10-62E: Tandem Parking

 

 

TAVERN:	See Sales and Service.
TECHNICAL ADVISORY COMMITTEE:	A committee that may be established as needed at the discretion of the Mayor to provide technical support or recommendations to the Mayor or other Commissions or Boards.
TELECOMMUNICATION FACILITIES:	See Monopole, Wireless Telecommunications Facility. A.   Amateur Radio Tower: Vertical structure(s) designed and engineered to support antennas for telecommunications and broadcasting. B.   Microwave Tower: Vertical structure(s) designed and engineered to transmit information by the use of radio waves. C.   Television Tower: Vertical structure(s) designed and engineered to transmit information by the use of radio waves. D.   Radio Tower: Vertical structure(s) designed and engineered to transmit information by the use of radio waves. E.   Wireless Telecommunications Tower (see Wireless Telecommunications Facility).
TELEVISION TOWER:	See Telecommunication Facilities.
TELEVISION TRANSMITTING STATION:	See Sales and Service.
TENNIS CLUB:	See Sales and Service.
TENT CAMPGROUND:	See Recreation and Entertainment Outdoor Facility.
THEATERS:	See Sales and Service.
TOWNHOME:	A dwelling unit that is attached to an adjoining dwelling unit, in which the ground and building are owned in fee title. A townhome is a part of a cluster or planned unit development.
TRADE SCHOOL:	See school, vocational, or technical.
TRAILER SALES:	See Sales and Service.
TREE:	Any self-supporting woody perennial plant which has a trunk diameter of three inches or more when measured at a point 4.5 feet above grade and which normally attains an overall height of at least 15 feet at maturity, usually with one main stem or trunk and many branches. Trees may appear to have several stems or trunks, as in several varieties of oaks.
TREE CANOPY:	The upper portion of a tree consisting of limbs, branches and leaves.
TREE REMOVAL:	To change the location of, or any action or inaction which will cause a tree to die within a period of nine (9) months. Tree removal also includes any action to any part of a tree which will cause a tree to become so undesirable as to warrant the total removal of the tree, e.g., improper pruning so as to destroy the natural shape or which causes infection, infestation, rot or decay; application of herbicidal or other lethal chemicals; paving over the root system, etc.
TRIPLEX:	A residence consisting of three attached dwelling units.
TRUCK STOP OR TRAVEL CENTER:	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, restaurants, and motels; fuel and conveniences for travelers all as part of the facility.
TRUCK STORAGE, OUTDOOR:	Any lot or parcel of land upon which an outdoor site is located, established, or maintained for occupancy by an automotive vehicle suitable for hauling.
TWIN HOME:	A residence consisting of two (2) attached units that are individually owned and occupied.
UTILITIES:	A. Basic service delivery and laterals: Infrastructure services that need to be located in or near the area where the service is provided; physical facilities or structures that are more than thirty-six inches (36") in height above ground surface or more than a four (4) square feet footprint. B. Distribution network: Neighborhood or area distribution network, above ground power lines of less than one hundred twenty (120) kilovolts. C. Structures, physical facilities: Regional, intracity, intercity, or interstate distribution lines; above ground power of one hundred twenty (120) kilovolts or more; power distribution by a non-franchised power company; physical facilities or structures that are more than thirty-six inches (36") in height above ground surface or more than a four (4) square feet footprint; municipal water well, reservoir, or storage tank.
USE:	The purpose for which land or a building is arranged, designed or intended, or for which either land or a building is or may be occupied or maintained.
VEGETATION, NATIVE:	Any plant species which is indigenous to all or a part of northern Utah or the northern Rocky Mountain and Great Basin ecosystems. Plant species which have been introduced by humans are not classified as native species.
VEHICLE PARTS SALES:	See Sales and Service.
VEHICLE REPAIR:	Repair to passenger vehicles, light and medium trucks and other motor vehicles such as motorcycles, boats and recreational vehicles. Generally, the customer does not wait at the site while the service or repair is being performed.
VEHICLE AND EQUIPMENT SALES:	See Sales and Service.
VEHICLE SERVICE:	Service to passenger vehicles, light and medium trucks and other motor vehicles such as motorcycles, boats and recreational vehicles. Generally, the customer waits inside the vehicle or on-site while the service is being performed. A.   Electric Fueling Facilities (no petroleum) in conjunction with a primary use (see Sales and Service - Convenience Market, no gasoline). B.   Gasoline Petroleum Products Storage (home heating exempt): Storage facilities either above or below ground containing one-hundred (100) gallons or more of petroleum product(s). C.   Gasoline Service Station: A retail establishment selling primarily petroleum products, vehicle related products and services, food products, household items, newspapers and magazines, candy, and beverages, and prepared foods. D. Truck Stop: A retail establishment with larger site development areas compared to gasoline service stations selling primarily petroleum products, vehicle related products and services, food products, household items, newspapers and magazines, candy, and beverages, and, prepared foods.
VEHICLE USE AREA:	An area used for the loading, circulation, access, storage or display of motor vehicles. Designated off-street parking spaces or spaces on public or private streets shall not be considered vehicular use areas.
VOCATIONAL SCHOOL:	See School, Vocational.
VINES:	Plants which normally require support to reach mature form.
WALL ART:	A graphic representation that has no advertising or promotional content, no signage, no logos, or other commercial content or graphics.
WAREHOUSE, FREIGHT MOVEMENT:	Firms involved in the storage, or movement of goods for themselves or other firms. Goods are generally delivered to other firms or the final consumer, except for some will-call pickups. There is little on-site sales activity with the customer present.
WASTE RELATED USE:	Uses that receive solid or liquid wastes from others for disposal on the site or for transfer to another location, uses that collect sanitary wastes, or uses that manufacture or produce goods or energy from the composting of organic material.
WELDING SHOP:	See Sales and Service.
WHEN FEASIBLE:	When all attendant circumstances are considered, the benefit to the community outweighs the cost and burden to the proponent or developer.
WHOLESALE OFFICE:	See Office.
WHOLESALE SALES AND SERVICE:	Firms involved in the sale, lease, or rent of products primarily intended for retailers, industrial, institutional, commercial, or professional business users. The uses emphasize on-site sales or order taking and often include display areas. Businesses may or may not be open to the general public, but sales to the general public are limited. Products may be picked up on-site or delivered to the customer.
WILDFIRE:	An area subject to potential damage from fire cause by combustion of native vegetation, commonly referred to as forest fire or brush fire.
WIRELESS TELECOMMUNICATIONS FACILITY:	Telecommunications facilities includes all devices, equipment, machinery, structures or supporting elements necessary to produce non-ionizing electromagnetic radiation within the Chapter 10-61 Definitions range of frequencies from one hundred (100) KHz to three hundred (300) GHz and operating as a discrete unit to produce a signal or message. Facilities may be self-supporting, guyed, co-located with existing facilities, or mounted on rooftops, poles, light posts, power poles, buildings or other structures. Facilities may also include interconnection translators, connections from over-the-air to cable, fiber-optic, or other landline transmission system.
WRECKING OR SALVAGE FACILITIES, ENCLOSED:	See Waste Related Use.
WRECKING OR SALVAGE YARD, OPEN:	See Waste Related Use.
WRECKING OR SALVAGE YARD, ENCLOSED:	Any completely enclosed, roofed, building for storing, collection, processing, selling, dismantling, shredding, compressing, or salvaging scrap, discarded material, vehicles, or equipment.
WRECKING OR SALVAGE YARD, OPEN:	Any lot, land, parcel, or area for storing, collection, processing, selling, dismantling, shredding, compressing, or salvaging scrap, discarded material, vehicles, or equipment.
YARD:	The actual undeveloped open space that exists or that is proposed between a structure and the lot lines of the lot on which the structure is located. See "Setback."
YARD, VEHICLE IMPOUND:	Any lot, land, parcel, or area for temporary storage (less than ninety (90) days) of impounded vehicles where no work is conducted on these vehicles unless required for safe transport or storage purposes.
ZONING AMENDMENT:	An application or petition to change either the Official Zoning Map or the regulations, provisions, standards, specifications, or text of the Land Use Regulations.
ZONING DISTRICT:	The separate areas defined within the City to which a specific zoning district or land use classification is assigned. A.   Base Zoning District: A zoning district that establishes the primary permitted uses, conditional uses, and development standards for a parcel of land. B.   Combining Zoning District: A zoning district in the Land Use Regulations which is applied to a parcel of land to add special or additional development requirements in addition to or in place of the requirements of the base zoning district.
ZONING ORDINANCE:	All those ordinances enacted by the City Council for the City of Wellsville codified in Title 10 of the Wellsville City Code or within the Land Use Regulations.

 

(Ord. 2019-04, 10-16-2019; amd. Ord. 2022-01, 3-2-2022; Ord. 2022-03, 3-2-2022; Ord. 2022-04, 3-16-2022)