A.   General: All provisions, terms, phrases and expressions contained in this title shall be liberally construed in accordance with the purposes of this title.

   B.   Computation Of Time : The time within which an act is to be done shall be computed by excluding the first day and including the last day. In the computation of time for public hearing notice, both the first day (day of the advertisement) and the last day (day of the hearing) shall be excluded. The following time related terms shall have the meanings ascribed below:

      1.   "Day" means a calendar day unless working day is specified.

      2.   "Week" means seven (7) calendar days.

   C.   Fractional Numbers: When using fractional numbers, the following shall be used for clarification:

      1.   Except in acreage or density calculations, any numerical computation or measurement resulting in a fractional number, shall be rounded to the nearest whole number (a decimal of "5" in the tenth or hundredth positions shall be rounded up).

      2.   In the case of density or acreage calculation, any numerical computation or measurements shall be rounded to the nearest tenth (a decimal of "5" in the hundredth position shall be rounded up).

   D.   Conjunctions: Unless the context clearly indicates to the contrary, conjunctions shall be interpreted as follows:

      1.   "And" indicates that all connected items, conditions, provisions or events shall apply.

      2.   "Or" indicates that one or more of the connected items, conditions, provisions or events shall apply.

      3.   "Either...or" indicates that the connected items, conditions, provisions or events shall apply singly but not in combination.

   E.   Delegation Of Authority: Whenever a provision appears requiring the city administrator , head of a department , or some other officer to do some act or perform some duty, it shall be construed to authorize the city administrator, head of the department, or other officer to designate, delegate and authorize subordinates to perform the required act or duty, unless the terms of the provision or section specify otherwise.

   F.   Mandatory And Discretionary Terms: The terms "shall" and "must" are always mandatory. The term "may" is permissive.

   G.   Nontechnical And Technical Words: Words and phrases shall be construed according to the common and approved usage of the language, but technical words and phrases and such others as may have acquired a peculiar and appropriate meaning in law shall be construed and understood according to such meaning.

   H.   Public Officials, Bodies And Agencies: All public officials, bodies and agencies to which reference is made are those of the city unless otherwise indicated.

   I.   Tense: Words used in the past or present tense include the future as well as the past or present unless the context clearly indicates the contrary.

   J.   Text: In case of any difference of meaning or implication between the text of this title and any drawing or figure, the more restrictive requirement shall apply.

   K.   This Zoning Title Is Permissive: This zoning title prohibits all uses except those expressly permitted. To the extent this title uses prohibiting language, it is illustrative only, and it shall not be construed to mean that uses not expressly prohibited are allowed. (2001 Code § 89-1-201; amd. 2009 Code; Ord. 19-50, 12-11-2019, Effective at 12 noon on January 6, 2020)

   A.   Applicability: These provisions apply to the interpretation of the location of zone boundaries shown on the official zoning map of the city .

   B.   Lot, Block And Tract Lines: Zone boundaries indicated as approximately following platted lot lines, block or parcel tract boundaries shall be interpreted as following such lines.

   C.   Centerlines Or Edges: Zone boundaries indicated as approximately following the edge or centerline, as the case may be, of a street , alley , railroad, highway or other public way, incorporated municipality, floodplain , body of water, or topographic feature that was in existence when the boundary was established, shall be interpreted as following such edge or centerline.

   D.   Street Abandonment: When a public road, street or alley is officially vacated or abandoned, such property shall revert to the adjacent zoning. If a vacated street is adjacent to two (2) zones, each zone shall extend to the centerline of the former right of way. (2001 Code § 89-1-202; amd. 2009 Code)

ACCESSORY BUILDING OR ACCESSORY STRUCTURE : A building or structure that is subordinate and incidental to the main building on the lot .

ACCESSORY DWELLING UNIT : A separately leasable dwelling unit on a subdivided lot that is incidental to the principal dwelling unit.

ACCESSORY LIVING QUARTERS : An area detached from the principal dwelling unit provided for guests, relatives or domestic employees of the occupants of the principal dwelling , which may include cooking, sleeping and sanitary facilities, and which is not leased or rented, except to family members related by blood, marriage or adoption. The term shall not include "apartment" or "dwelling unit".

ACCESSORY USE : A use which is incidental and subordinate to a prescribed permitted use within any respective zoning provisions.

ACTIVE AND INDEPENDENT ADULT COMMUNITY : A community or living facility designed specifically for seniors fifty five (55) years of age and older which typically contain recreational amenities and support services which provide for social interaction and mutual support in a common interest. This type of housing is designed for seniors who are healthy, active and capable of completely independent living, but may provide limited support services, such as medical or convenience services.

ACTIVE RECREATION AREA : An area of the landscape that is dedicated to active play where lawn/sod/turf may be used as the playing surfaces. Examples of active recreation areas include sports fields, play areas, and other similar uses.

ADVANCED LIFE SUPPORT (ALS) : The functional provision of advanced airway management, including intubation, advanced cardiac monitoring, manual defibrillation, establishment and maintenance of intravenous access, and drug therapy.

AGRICULTURAL SALES AND SERVICE : An establishment primarily engaged in the sale or rental of farm tools and implements, feed and grain, tack, animal care products, propane, butane, anhydrous ammonia, farm supplies and the like, and including accessory food sales and machinery repair services. This definition shall also include greenhouses which are used for wholesale and/or retail purposes.

AGRICULTURE : The growing of plants, crops, trees and other agricultural or forestry products, raising livestock or other commercial agricultural enterprises.

AIRPORT : Any public or privately owned or operated ground facility designed to accommodate landing and takeoff operations of fixed wing and rotary aircraft, including all necessary runways, taxiways, helipads, terminals, terminal services, aircraft storage and tie down areas, hangars, operation facilities, maintenance facilities and associated equipment storage, navigational aids, weather facilities, communication facilities, other necessary buildings and structures that are incidental to airport operations and open spaces.

AIRPORT HAZARD : Any structure or object or natural growth located on or in the vicinity of the airport , or any use of land near the airport, which obstructs the airspace required for the flight of aircraft in landing or takeoff at the airport, or is otherwise hazardous to such landing or takeoff aircraft.

AIRPORT HEIGHT : For the purpose of determining the height limits in all zones set forth in this title and shown on the zoning map, means vertical distance above the airportrunway , unless otherwise specified.

AIRPORT REFERENCE POINT : The point established as the approximate geographic center of the airport landing area.

ALCOHOLIC BEVERAGE USES : Any of the definitions starting with the words “alcoholic beverage,” which are listed in section 17-1-6 or which are listed as permitted or conditional uses in section 17-10-4.

ALLEY : A public thoroughfare for the use of pedestrians and vehicles that affords, or is designated or intended to afford, a secondary means of access to abutting properties.

ALLUVIAL FAN FLOODING : Flooding occurring on the surface of an alluvial fan or similar landform which originates at the apex and is characterized by high velocity flows; active processes of erosion, sediment transport, and deposition; and unpredictable flow paths.

ANIMAL CREMATORIUM : An establishment engaged in the preparation of deceased domestic animals for cremation in properly installed, certified apparatuses intended for use in the act of cremation. Animal crematoriums may include storage of caskets, urns and related supplies.

ANIMAL HUSBANDRY : The use of land for dairying, animal raising and general nurturing of animals, including breeding, pasturing and ranching.

ANIMAL SPECIALTIES : The production of small animals and associated products. Typical uses include chicken and turkey raising, egg production, apiaries and aviaries.

ANNUAL FLOWERING PLANTS : Flowering plants which have a life span of only one growing season outdoors.

ANTENNA : A transmitting or receiving device used in telecommunications that radiates or captures radio signals.

ANTENNA, MICRO WIRELESS FACILITY : A type of small wireless facility that, not including any antenna , is no larger in dimension than twenty four inches (24") in length, fifteen inches (15") in width, and twelve inches (12") in height, on which any exterior antenna is no longer than eleven inches (11") and that only provides Wi-Fi service that is integrated into a new freestanding pole or mounted on overhead power poles or light poles in the public right of way as defined by Utah Code Annotated chapter 54-21 or as amended.

ANTENNA, MONOPOLE COLLOCATION : The attachment of one or more antennas, antenna arrays, support structures and/or other associated equipment to an existing monopole that is in addition to the number of antennas, arrays, supports and/or equipment that was originally approved.

ANTENNA, ROOF MOUNTED : An antenna or series of individual antennas mounted to the flat roof surface of a building .

ANTENNA, SMALL WIRELESS FACILITY : A type of wireless facility that is integrated into a new freestanding pole or mounted on overhead power poles or light poles in the public right of way on which each wireless provider's antenna can fit within an enclosure of no more than six (6) cubic feet in volume and associated electrical equipment (except the electric meter, concealment element, telecommunications demarcation box, grounding equipment, power transfer switch, cut-off switch, vertical cable run for the connection of power or other service, or antenna) is cumulatively no more than twenty eight (28) cubic feet in volume as defined by Utah Code Annotated chapter 54-21 or as amended.

ANTENNA, STEALTH : An antenna or series of individual antennas that are completely concealed from the view of the general public within an existing structure .

ANTENNA, WALL MOUNTED : An antenna or series of individual antennas mounted against the vertical exterior wall of a building .

ANTENNA, WHIP : An antenna , cylindrical in shape that can be directional or omnidirectional and vary in size depending upon the frequency and gain for which it is designed.

APEX : A point on an alluvial fan or similar landform below which the flow path of the major stream that formed the fan becomes unpredictable and alluvial fan flooding can occur.

AREA OF SHALLOW FLOODING : A designated AO, AH, AR/AH, AR/AO or VO zone on the City's flood insurance rate map (FIRM) with a one percent (1%) chance or greater annual chance of flooding to an average depth of one (1) to three feet (3') where a clearly defined channel does not exist, where the path of flooding is unpredictable and where velocity flow may be evident. Such flooding is characterized by ponding or sheet flow.

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. The area may be designated as flood insurance rate map (FIRM) Zones A, AE, AH, AO, A1-99, VO, V1-30, VE or V.

ASSISTED LIVING FACILITY : Housing typically for elderly persons age seventy five (75) and older who may or may not require assistance with daily living activities. These facilities often provide limited to intensive services but require residents to have at least partial mobility, reasonable good health and be capable of performing most routine living tasks and functions.

ATHLETIC FIELD : A developed recreational area for indoor or outdoor recreational games that may contain a playground as well as fields for competitive sports such as baseball, football, lacrosse or soccer. Bleachers or grandstands may be provided.

AUCTION : Any sale where tangible goods, wares or merchandise is sold by an auctioneer who is either the agent for the owner of such property or is in fact the owner thereof.

AUDITORIUM OR STADIUM : An open, partially enclosed or fully enclosed facility used or intended to be used primarily for spectator sports, entertainment events, expositions, and other public gatherings. Typical uses include convention and exhibition halls, sports arenas and amphitheaters.

AUTOMATED CAR WASH : A car wash facility with sufficient automation to independently pull a vehicle through a washing portal without driver intervention.

BAIL BOND SERVICE : An establishment which provides sureties to procure the release of persons under arrest by becoming responsible for their appearance at the time and place designated.

BANK OR FINANCIAL INSTITUTION : An organization involved in deposit banking, finance, investment, mortgages, trusts and the like. Typical uses include commercial banks, credit unions, finance companies and savings institutions. This definition also includes automated teller machines. This definition excludes check cashing credit services, bail bonds and pawnshops.

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

BASEMENT : Any area of the building having its floor subgrade (below existing grade ) on all sides.

BASIC INDUSTRY : An establishment engaged in the basic processing and manufacturing of materials or products predominantly from extracted or raw materials or a use engaged in storage of, or manufacturing processes utilizing, flammable or explosive materials or storage or manufacturing processes which potentially involve hazardous or commonly recognized offensive conditions. Typical uses include chemical manufacturing and warehousing, dry ice manufacturing, fat rendering plants, fertilizer manufacturing, fireworks and explosives manufacturing and warehousing, petroleum refineries, pulp processing and paper products manufacturing, radioactive materials manufacture or use, slaughterhouses, steelworks, and tanneries.

BED AND BREAKFAST : An owner occupied structure that provides lodging rooms in which meals are provided to overnight guests, and that is open to the traveling public for a stay not to exceed twenty (20) days.

BERM : A mound of earth, generally two feet (2') to six feet (6') high, used to shield, screen and buffer undesirable views and to separate land uses.

BLOCK : Land surrounded by streets and other rights-of-way other than an alley , or land which is designated as a block on any recorded subdivisionplat .

BLOOD BANK : An establishment primarily engaged in collection, storing and distributing blood and blood products.

BRAMBLE : Any of genus (Rubus or Ribes) usually prickly shrubs of the rose family including the raspberries, gooseberries, and blackberries.

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

BUFFER : An area or tract of land , which includes landscaping , berms, walls, fences and enhanced building setbacks, that are located between differing land uses to mitigate impacts of the more intensive use over the less intensive use.

BUILDABLE AREA : That portion or area of a lot or parcel which may be covered only with the principal dwelling , structure or approved use .

BUILDING : A permanently located structure for the shelter, housing or enclosure of any person , animal, article or chattel.

BUILDING ENVELOPE : The designated area and maximum height on a lot or parcel within which a building or accessory structure must be contained. A building envelope is exclusive of undevelopable, setback and buffer areas.

BUILDING FACADE : Any exterior wall of a building , including windows, doors and mansard, but not including a pitched roof.

BUILDING FOOTPRINT: The total area of the foundation of the structure , or the furthest exterior wall of the structure projected to approved grade .

BUILDING, MAIN: The principal building on a lot or building site designed or used to accommodate the primary use to which the premises is devoted. Where a permissible use involves more than one structure designed or used for the primary purpose, as in the case of apartment groups, each such permitted building on one "lot", as defined in this section, shall be construed as constituting a main building.

BUILDING OFFICIAL : The city administrative employee charged with the enforcement of the building code (or other ordinances) as may be assigned by his or her department .

BUILDING PAD: The exclusive area, as defined by the setbacks, in which the entire building footprint may be located.

BUILDING PERMIT: The permit required for new construction and additions pursuant to this title.

BUILT UP ROOFING: A generic term for the process required to build a flat roof.

BUS SHELTER: A covered three (3) sided structure intended to provide protection from the elements for people waiting for a bus at a designated UTA bus stop.

BUS TERMINAL: A building or premises for the transient housing or parking of commercial motor vehicles and for the pick up and discharge of fare paying intercity passengers. Accessory uses may include ticket offices, luggage checking facilities and similar uses.

BUSINESS, EQUIPMENT RENTAL AND SUPPLIES: An establishment primarily engaged in the sale, rental or repair of equipment and supplies used by office , professional and service establishments to businesses rather than to individuals. This definition excludes automotive, construction and farm equipment. Typical uses include office equipment and supply firms, small business machine repair shops, and hotel equipment and supply firms.

BUSINESS SERVICE : An establishment primarily engaged in the display, storage and sale of goods or services used by office , professional and service establishments.

CAPITAL BUDGET: A separate budget dedicated to financing capital improvements.

CAPITAL FACILITIES: Any or all of the following facilities that have a life expectancy of ten (10) or more years:

   A.   Water rights and water supply;

   B.   Water treatment and distribution facilities;

   C.   Wastewater collection and treatment facilities;

   D.   Stormwater, drainage and flood control facilities;

   E.   Roadway facilities ;

   F.   Parks, recreation facilities, open space and trails; and

   G.   Public safety facilities.

CAR WASH : An establishment primarily engaged in cleaning or detailing motor vehicles , whether self-service, automatic or by hand.

CARPORT : A covered automobile parking space with at least two (2) sides open.

CEMETERY : Land used or intended to be used for the burial of the dead, including crematoriums and mausoleums.

CHECK CASHING CREDIT SERVICE : An establishment engaged in providing credit intermediation and related activities that facilitate the lending of funds, issuance of credit, or any other similar types of businesses licensed by the state pursuant to the check cashing registration act. Typical uses include check cashing services, payday advances/loans, short term loans, deferred deposit loans and title loans. This definition excludes banks and financial institutions, and investment companies.

CHECK VALVE : A device used in sprinkler heads or pipe to prevent water from draining out of the pipe through gravity flow.

CHURCH OR PLACE OF WORSHIP: Any structure or site such as a church, synagogue, chapel, sanctuary or cathedral, used for the collective or individual involvement with a religious activity, such as rites, rituals, ceremonies, prayers and discussions.

CITY : The city of West Jordan, Utah, a municipal corporation.

CITY ADMINISTRATOR : The city administrative employee charged with the daily operations of all city departments, who is also the supervisor of department heads (chief administrative officer ).

CITY CENTER : A traditional and urban downtown redevelopment area that has design features and a diversity and mix of uses not found in general commercial and office districts. Such uses include professional, residential, office, municipal and cultural buildings set in a more pedestrian friendly atmosphere.

CITY COUNCIL : The West Jordan City council.

CLEAR VISION ZONE : Corner areas at intersecting streets and driveways in which unobstructed vision of motor vehicle operators is maintained and which are subject to the limitations set forth in section 13-8-4 of this title.

CLUSTERING/ CLUSTERED DEVELOPMENT : A development or subdivision design that concentrates buildings or lots on a part of the site to allow the remaining land to be used for recreation, common open space and/or preservation of environmentally sensitive areas.

COLLEGE OR UNIVERSITY : An institution of higher education offering undergraduate or graduate degrees and including such accessory uses as dormitories and stadiums.

COMMERCIAL : A retail business, service establishment , professional office , or other enterprise that includes commerce and/or trade and the buying and selling of goods and services.

COMMERCIAL, LARGE SCALE : An individual commercial business with a gross floor area in excess of twenty thousand (20,000) square feet.

COMMERCIAL, NEIGHBORHOOD SMALL SCALE : A small scale commercial business that caters primarily to businesses, or residents living, within one square mile of the business.

COMMERCIAL PARKING : A paved area or structure , other than a street , alley or driveway, specifically designed and developed for the parking of motor vehicles on a temporary basis, other than accessory to a principal use .

COMMERCIAL, SMALL SCALE : A commercial business with a gross floor area of no more than twenty thousand (20,000) square feet.

COMMUNITY STRUCTURE PLAN : An exhibit (or set of exhibits) that is proposed by a petitioner and approved by the city council prior to rezoning property to the PCH zone that illustrates the location and acreage of all place types, the conceptual length, alignment and general function of collector and arterial streets, and illustrates the location and approximate length of all major trail systems, all infrastructure, all drainage corridors and all significant amenity locations and illustrates those private obligations that will be memorialized in a master development agreement.

CONCRETE MASONRY UNITS (CMU): A type of building material used in the construction of walls, fences, building facades , etc., and includes dyed or tinted split faced and smooth faced block .

CONDITIONAL USE: A landuse that, because of its unique characteristics or potential impact on the municipality, surrounding neighbors or adjacent land uses, may not be compatible in some areas or may be compatible only if certain conditions are required that mitigate or eliminate the detrimental impacts.

CONDITIONAL USE PERMIT : The permission granted by city authorities to use properties under special circumstances and with specific requirements and conditions attached.

CONDOMINIUM : The ownership of a single unit in a multi-unit project, together with an undivided interest in common in the common areas and facilities of the property.

CONDOMINIUM PROJECT : A real estate condominium project; a plan or project whereby two (2) or more units, whether contained in existing or proposed apartments, commercial or industrial buildings or structures or otherwise, are separately offered or proposed to be offered for sale. This definition shall also mean the property when the context so requires.

CONICAL ROOF : A cone shaped roof.

CONSTRUCTION : The materials, architecture, assembly and installation of a building or structure .

CONSTRUCTION SALES AND RENTAL: An establishment engaged in the retail or wholesale sale of materials and services used in the construction of buildings or other structures, as well as the storage of construction equipment or materials on lots other than construction sites and may also include facilities for service and maintenance of equipment that is sold or rented. Typical uses include lumberyards, home improvement centers, construction equipment sales and rental, electrical, plumbing, air conditioning and heating supply stores, swimming pool sales, construction and trade contractors' offices and storage yards, and public utility corporation storage yards. Equipment offered for sale or rental may include, but is not necessarily limited to, semitractors and trailers, backhoes, road graders, construction tractors, farm tractors, plows, combines, flatbed trailers, well drilling equipment, dump trucks, and other similar products or equipment.

CONTINUING CARE RETIREMENT FACILITY/COMMUN ITY: A cluster of varied housing options to meet the spectrum of needs and interests ranging from active adults through assisted living, often including on premises skilled nursing facilities. These facilities'/communities' primary feature is the provision of "lifetime" supportive services at each stage of a senior's later life.

CONTROLLER : A device used in irrigation systems to automatically control when and how long sprinklers or drip systems operate.

CONVALESCENT CARE FACILITY : An establishment providing bed care and inpatient services for persons needing regular medical attention, but excluding a facility providing surgical or emergency medical services, or providing care for mental illness or communicable disease. Convalescent care facilities may provide inpatient services to those of all ages.

CONVENIENCE STORE : An establishment serving a limited market area and engaged in the retail sale or rental, from the premises, of food, beverages and other frequently or recurrently needed items for household use , excluding gasoline sales.

CONVENTION CENTER: A facility used for service organizations, business and professional conferences, and seminars limited to accommodations for conference attendees. Accommodations may include dining and recreation.

CORNICE : The projection at the top of a wall; the top course or molding of a wall when it serves as a crowning member.

CORRECTIONAL FACILITY : A facility providing housing and care for individuals legally confined for violations of law .

CRITICAL FEATURE : An integral and readily identifiable part of a flood protection system , without which the flood protection provided by the entire system would be compromised.

CUL-DE-SAC : A street closed at one end by a paved turnaround area of sufficient size for convenient reversal of traffic movement.

CULTURAL SERVICE : A library, museum or similar public or registered nonprofit organizational use displaying, preserving and exhibiting objects of community and cultural interest in one or more of the arts and sciences.

CUT : The excavation of land into a hillside to create a flat area or to steepen a bank.

DATA CENTER : Real and personal property consisting of a building or group of buildings or group of buildings or structures specifically designed or modified to house networked computers and data and transaction processing equipment and related infrastructure support equipment, including, power and cooling equipment.

DAYCARE : An establishment that provides care, protection, and supervision for individuals on a regular basis away from their primary residences for less than twenty four (24) hours per day. The term does not include kindergartens, nursery schools or other daytime programs operated by public or private elementary or secondary schools or institutions of higher learning; facilities operated in connection with a shopping center, or other principal activity, where children are cared for temporarily while parents or custodians of the children are occupied on the premises or are in the immediate vicinity and readily available; or special activities programs, including athletics, crafts instruction and similar activities conducted on a periodic basis by civic, charitable and governmental organizations. For purposes of this title, there are three (3) types of daycare centers. In computing the occupancy of the categories of daycare centers listed below, all clients, including parents or children of the daycare provider and parents or children of employees, shall be counted:

   A.   Daycare, General: A daycare center that provides care, protection and supervision for twelve (12) or more children per day.

DECIBEL (dB): A unit of measure used to express intensity of noise.

DECLARATION : The instrument by which property is submitted to the provisions of the Utah Condominium Ownership Act.

DEDICATION : The setting aside of land , by an owner , for any general and public uses, reserving for the owner no other rights than are compatible with the full exercise and enjoyment of the public uses to which the property is devoted.

DENSITY, GROSS : The intensity or number of non-residential units and residential dwelling units per project (gross) acre.

DENSITY, NET RESIDENTIAL : The number of dwelling units obtained by dividing the total number of dwelling units in a development by the area (in acres) upon which the dwelling units are proposed to be located. This calculation includes common open space , parks and associated recreational facilities within the area but excludes rights-of-way of publicly dedicated streets and private streets. The resulting number being the net dwelling units per net residential acre of land .

DEPARTMENT STORE : A business conducted under a single owner's name wherein a variety of unrelated merchandise and services are housed, exhibited and sold directly to the customer.

DEPTH : The least horizontal distance between the front and rear lot lines and the building .

DEVELOPER : The person , association or corporation developing or causing to be developed the property subject to the provision of this title. For the purposes of residential construction outside of a recorded subdivision , the applicant for the building permit shall be deemed to be the developer and shall comply with all applicable requirements of this title.

DEVELOPMENT : Any manmade change to improved or unimproved real estate , including, but not limited to, buildings or other structures, mining, dredging, filling, grading , paving, excavation or drilling operations. "Development" also means the property being developed and/or subdivided, or the act, process or result of developing.

DEVELOPMENT ACTIVITY : Any construction or expansion of a building , structure or use , any change in use of a building or structure, or any changes in the use of land that create additional demand and need for capital facilities .

DEVELOPMENT DEPARTMENT, DEVELOPMENT SERVICES DEPARTMENT, OR COMMUNITY DEVELOPMENT DEPARTMENT: See subsection 1-8-8C regarding the Community Development Department.

DEVELOPMENT DIRECTOR, DEVELOPMENT SERVICES DIRECTOR, OR COMMUNITY DEVELOPMENT DIRECTOR: That person charged with the responsibility of directing all phases of the (community) development department and the enforcement of all landuse regulations and other laws pertaining to his office , or his duly authorized representative (see subsection 1-8-8C).

DEVELOPMENT PLAN : A multidimensional presentation of a proposed development that reflects an area's location of buildings, parking arrangements, open space areas, densities, architecture and other similar features related to a master planned development site .

DEVELOPMENT SITE :

The total area of:

   A.   A "subdivision ", as defined in title 14 of this code .

   B.   A "planned development ", as defined in this title.

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

DISABILITY : A physical or mental impairment that substantially limits one or more of a person's major life activities, including a person having a record of such impairment or being regarded as having such an impairment or otherwise defined and covered by the Americans with disabilities act of 1990, 42 USC section 12102. "Disability" does not include current illegal use of, or addiction to, any federally controlled substance, as defined in section 102 of the controlled substances act, 21 USC 802.

DISTRIBUTION UNIFORMITY : A measurement of an irrigation system's ability to distribute water evenly over the surface of the landscape, calculated with the "lower quarter method" as used by the Irrigation Association, and expressed in terms of percentage, where zero percent (0%) is worst and one hundred percent (100%) is best.

DORMER : A vertical window projecting from the slope of a roof, usually provided with its own roof.

DRIP EMITTER : Drip irrigation fittings that deliver water slowly at the root zone of the plant, usually measured in gallons per hour.

DWELLING OR DWELLING UNIT : A building or portion of a building designed or used for residential occupancy by one family , which has one kitchen and at least one bathroom. "Dwellings" do not include structures such as tents, motor homes, trailers, motels, motor lodges, and hotels which are designed for temporary or transient human occupancy.

DWELLING, PRINCIPAL : A building in which the primary and allowed use on a parcel or lot is for residential purposes.

DYED OR TINTED BLOCK: A block that has been colored during the manufacturing process so that if chipped or split (meaning split faced), the color is consistent throughout the block. This definition does not include painting, staining or other colorizing methods.

EARTH TONE COLORS : A color that is any of various rich warm colors of tans, browns or red browns, and muted tones of gray, green, or other natural colors found in dirt and rocks.

EASEMENT : That portion of a lot or lots reserved or granted for the present or future use to a person or agency other than the legal owner or owners of such property or properties. The easement may be for a temporary use under, on or above the surface of such lot or lots.

ELDERLY PERSON: A person who is sixty (60) years old or older.

ELEVATED BUILDING : A nonbasement building which has its lowest elevated floor raised above ground level by foundation walls, shear walls, posts, piers, pilings, or columns. "Elevated building" also includes a building elevated by means of fill or solid foundation perimeter walls with openings sufficient to facilitate the unimpeded movement of floodwaters. "Elevated building" also includes a building otherwise meeting the definition of "elevated building", even though the lower area is enclosed by means of breakaway walls if the breakaway walls meet the standards of section 60.3(e)(5) of the national flood insurance program regulations.

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

EVERGREEN : A plant having foliage that remains on the plant throughout the year.

EXISTING CONSTRUCTION : For the purposes of determining rates, structures for which the "start of construction " commenced before the effective date of the FIRM or before January 1, 1975, for FIRMs effective before that date. "Existing construction" may also be referred to as "existing structures".

EXISTING MANUFACTURED HOME PARK OR SUBDIVISION : A manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including, at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed before the effective date of the floodplain management regulations first adopted by the city .

EXPANSION TO AN EXISTING MANUFACTURED HOME PARK OR 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, the construction of streets, and either final site grading or the pouring of concrete pads).

EXTERIOR INSULATION FINISH SYSTEM (EIFS): A type of exterior building product used in surface finishing that is an insulated and waterproof composite similar to stucco.

EXTERNAL LIGHTING: Lighting which illuminates a building or structure from a remote position or from outside of the building or structure.

FAA : The federal aviation administration.

FACADE : That exterior side of a building which faces, and is most nearly parallel to, a public or private street . The facade shall include the entire building walls, including wall faces, parapets, fascia, windows, doors, canopies and visible roof structures of one complete elevation.

FAMILY : As used in the terms "single-family" or "multi-family" means:

   A.   Any number of persons living together in a dwelling unit , sharing common living facilities, who are related by blood, marriage, legal custody or adoption; or

   B.   Up to five (5) unrelated adults living together in a dwelling unit , sharing common living facilities, and sharing possession, use , and responsibility of the entire unit and property associated with that unit, whose relationship is of a continuing nontransient domestic character, living as a single, self-governing housekeeping unit, without extensive supervision or control by a nonresident landlord, innkeeper, or property owner .

Up to two (2) other persons who are hired for compensation such as nannies, servants, gardeners, custodians or security guards may reside in the same premises with any family.

The term "family" shall not be applied to a special residential facility.

FAN LIGHT : A semicircular or fan shaped window with a radiating glazing bar system, usually found over entrance doors.

FARMERS' MARKET : The temporary/seasonal selling of homemade goods, homegrown vegetables and other similar items.

FENCE : A structure serving as an enclosure, barrier or boundary, which defines a private space and enhances the design of an individual site.

FENESTRATION : The arrangement, proportioning and design of windows and doors on a structure .

FILL : Depositing of land , added upon the surface of the ground, resulting in an increase in the natural surface elevation.

FIRE SUPPRESSION : The measures involved in controlling and extinguishing fires.

FIRST RESPONDER (EMS) : Functional provisions of initial assessment (i.e., airway, breathing and circulatory systems) and basic first aid intervention, including CPR and automatic external defibrillator (AED) capability.

FIXED SPRINKLER HEAD: An irrigation head that does not rotate.

FLOOD DISCHARGE : The quantity of water flowing down a stream valley that is the result of the runoff from rainfall, snowmelt, or a combination of both, measured in cubic feet per second (CFS) or gallons per minute.

FLOOD INSURANCE RATE MAP (FIRM) : An official map of a community, on which the federal emergency management agency has delineated both the special hazard areas and the risk premium zones applicable to the community.

FLOOD INSURANCE STUDY: The official report provided by the federal emergency management agency. The report contains flood profiles, water surface elevation of the base flood , as well as the flood boundary-floodway map.

FLOOD, 100-YEAR : A flood having a one percent (1%) chance of being equaled or exceeded in any given year.

FLOOD OR FLOODING : A general and temporary condition of partial or complete inundation of normally dry land areas from the overflow of inland waters and/or the unusual and rapid accumulation of runoff of surface waters from any source.

FLOOD PROTECTION SYSTEM : Those physical structural works for which funds have been authorized, appropriated, and expended and which have been constructed specifically to modify flooding in order to reduce the extent of the areas within a community subject to a "special flood hazard" and the extent of the depths of associated flooding. Such a system typically includes hurricane tidal barriers, dams, reservoirs, levees or dikes. These specialized flood modifying works are those constructed in conformance with sound engineering standards.

FLOODPLAIN : The relatively flat area or lowlands adjoining a river, stream, watercourse, ocean or lake, which have been or may be covered by floodwater. For purposes of this title, "floodplain" shall be that area designated on the official floodplain map, which shall be based upon the intermediate regional floodplain as established by the U.S. army corps of engineers.

FLOODPLAIN MANAGEMENT : The operation of an overall program of corrective and preventive measures for reducing flood damage, including, but not limited to, emergency preparedness plans, flood control works and floodplain management regulations .

FLOODPLAIN MANAGEMENT REGULATIONS : Zoning ordinances, subdivision regulations, building codes, health regulations, special purpose ordinances (such as a floodplain ordinance, grading ordinance and erosion control ordinance) and other applications of police power. The term describes such state or local regulations, in any combination thereof, which provide standards for the purpose of flood damage prevention and reduction.

FLOODPROOFING : Any combination of structural and nonstructural additions, changes, or adjustments to structures which reduce or eliminate flood damage to real estate or improved real property , water and sanitary facilities, structures and their contents.

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

FLOOR AREA, TOTAL: The square foot area of a building , including any accessory buildings, measured from outside wall surfaces and including basements, garages , porches, utility rooms, stairways, recreation rooms and storage rooms, but excluding unroofed balconies and patios.

FREIGHT TERMINAL : A building or area in which freight brought by motor trucks or rail is assembled and/or stored for routing in intrastate or interstate shipment by motor truck or rail.

FRONT YARD/SIDE YARD LANDSCAPED AREA : Improved areas of the front yard and side yard portions of the property that incorporate all of the completed features of the landscape. The front yard/side yard landscaped area does not include footprints of buildings or structures, sidewalks, driveways, and other non- irrigated areas intentionally left undeveloped.

FUEL BREAK : A strategically located strip or block of land , varying in width, on which vegetation has been modified to provide a safer place for firefighters to work and to help reduce the rate of fire spread.

FUNCTIONALLY DEPENDENT USE : A use which cannot perform its intended purpose unless it is located or carried out in close proximity to water. The term includes only docking facilities, port facilities that are necessary for the loading and unloading of cargo or passengers, and shipbuilding and ship repair facilities, but does not include long term storage or related manufacturing facilities.

FUNERAL HOME : An establishment engaged in the preparation of funeral services. Uses may include the preparation of the human deceased for burial or cremation for the display of the deceased and/or for ceremonies or services related thereto. "Funeral homes" may include facilities for cremation and/or embalming and for the storage of caskets, funeral urns, funeral vehicles and other funeral supplies. "Funeral homes" may also be known as funeral parlors or mortuaries. Use excludes animal crematorium .

GARAGE : A building designed and used for the parking or temporary storage of automobiles of the occupants of the premises, either constructed as attached to a principal structure or detached.

GARAGE, COMMERCIAL : A single or multi level structure used exclusively for the parking (public or private) of vehicles . Such a structure may be entirely below grade , stand alone or constructed as part of or connected to another commercial or multiple-family dwelling structure and use .

GARAGE, PRIVATE RESIDENTIAL : A single structure designed and used for the parking or temporary storage of vehicles belonging to and operated by the occupants of the premises, either constructed as an attachment to a principal structure or detached.

GARDEN CENTER : An establishment primarily engaged in the retail sales of horticultural specialties, such as flowers, shrubs and trees, intended for ornamental or landscaping purposes.

GASOLINE AND FUEL STORAGE AND SALES : The use of a site for bulk storage and wholesale distribution of flammable liquid, gas or solid fuel, excluding belowground storage that is clearly ancillary to an allowed principal use on the site.

GASOLINE SERVICE STATION : An establishment engaged in the retail sales of gasoline and petroleum products. This definition includes gasoline sales conducted as part of a convenience store .

GATED COMMUNITY : A residential neighborhood where access is controlled by means of a gate, guard, barrier or other similar improvement within or across a private street , lane or alley .

GATED COMMUNITY CONVERSION : An existing platted residential subdivision with existing public streets and public utilities that is converted into a gated community with private streets, lanes or alleys.

GAZEBO : A small open walled structure or other space with a view, usually found in a garden or yard , but may also be incorporated into the facade of a building .

GENERAL PLAN : A document adopted by the city council that sets forth general guidelines for proposed future development of the land within the city .

GOLF COURSE : A facility providing private or public golf recreation services and support facilities, excluding miniature golf facilities.

GOVERNMENT SERVICE : Any building or facility owned or operated by a government entity which provides services for the public, excluding utilities and recreational services. Typical uses include administrative offices of government agencies and utility billing offices.

GRADE : The ground surface elevation of a Site or Parcel of land .

   GRADE, APPROVED: The grade of the property that is the result of the execution of a city -approved grading plan.

   GRADE, EXISTING : The grade of a property after approved grading but prior to any new development or construction activity.

   GRADE, FINAL : The finished or resulting grade where earth meets a building after completion of the development or construction activity.

   GRADE, NATURAL : The grade of the surface of the land prior to any man-made disturbance or grading .

GRADING : The act or result of digging, excavating, transporting, spreading, depositing, filling, compacting, settling or shaping of land surfaces and slopes, and other operations performed by or controlled by human activity involving the physical movement of rock or soil.

GREEN COURT : A fully landscaped parcel, with a minimum average width of thirty feet (30'), and an absolute minimum width of ten feet (10') at any point throughout.

GROUND COVER: Material planted in such a way as to form a continuous cover over the ground that can be maintained at a height not more than twelve inches (12").

GROUP HOME, LARGE : "Large group home" means a residential facility set up as a single housekeeping unit and shared by six (6) or more unrelated persons, exclusive of bona fide caregiver(s), who require assistance and supervision. A large group home is licensed by the state of Utah and provides counseling, therapy and specialized treatment, along with habilitation or rehabilitation services for persons with disabilities . A large group home shall not include persons who are diagnosed with a substance abuse problem or who are staying in the home as a result of criminal offenses. See the special additional provisions in section 13-8-20 of this title.

GROUP HOME, SMALL : "Small group home" means a residential facility set up as a single housekeeping unit and shared by up to five (5) unrelated persons, exclusive of bona fide caregiver(s), who require assistance and supervision. A small group home shall not include persons who are diagnosed with a substance abuse problem or who are staying in the home as a result of criminal offenses. No group home (small) shall be established, operated or maintained within the city without a valid license issued by the Utah statedivision of licensing, department of human services, and without a valid business license issued by the city's business license authority.

HARDSCAPE : Patios, decks and paths. Does not include driveways, roads, alleys, or and sidewalks.

HEALTH AND FITNESS FACILITY : A facility designed for the major purpose of physical fitness or weight reducing, which includes, but is not limited to, such equipment as weight resistance machines, indoor tracks, gymnasiums, whirlpools, saunas, swimming pools, showers and lockers.

HEIGHT OF BUILDING: The vertical distance under the roof or any roof element to the nearest measure of existing grade . Maximum height may be regulated by maximum number of stories. A story is equal to twelve feet (12').

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

HISTORIC BUILDING : Any building listed in the national register of historic places, or on the Utah state register of historic sites, or otherwise determined to have historic or architectural significance by the planning commission.

HISTORICAL MARKER OR MONUMENT : A memorial sign describing or identifying a historical building or structure , or the site of a historical event.

HOME OCCUPATION : A business, profession, occupation, or trade licensed to be conducted on a residential property pursuant to the business license ordinance. A "home occupation" is a residential accessory use so located and conducted that the average neighbor, under normal conditions, would not be aware of its existence.

HOSPITAL : An institution that offers services more intensive than those required for room, board, personal services and general nursing care; offers facilities and beds for use beyond twenty four (24) hours by individuals requiring diagnosis, treatment or care for illness, injury, deformity, infirmity, abnormality, disease or pregnancy; and regularly makes available at least clinical laboratory services, diagnostic X-ray services, and treatment facilities for surgery or obstetrical care, or other definitive medical treatment of similar extent. This use may include offices for medical and dental personnel and central service facilities such as pharmacies, medical laboratories and other related uses.

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

HOUSEHOLD PET: Animals ordinarily permitted in the house and/or kept for company or pleasure, not for profit, such as dogs, cats or rabbits, but not including chickens, ducks, geese or other domestic farm animals, nor any animals which are likely to inflict harm or discomfort or endanger the health, safety or welfare of any person or property .

HUMAN SCALE : The relationship between the pedestrian and the built environment, which allows for and encourages interaction through the implementation of elements which offer walks through visually interesting and positive streets and spaces, creating opportunities for positive experiences, and providing a comfortable and safe environment in which people may interact. Buildings ranging in height from two (2) to six (6) stories, trees and pedestrian scaled signs and streetlights, textured pedestrian paths and semiprivate spaces all enhance this positive scale, thus deemphasizing the role of the automobile.

IMPACT FEE : A payment of money imposed upon development activity as a condition of development approval.

INTENSITY : The degree of a quantitative or qualitative measurement associated with a use of land or building which impacts surrounding property owners.

IRRIGATION CONTRACTOR : A person authorized by Utah statelaw to install landscape irrigation systems.

IRRIGATION DESIGNER: A person authorized by Utah statelaw to prepare irrigation plans, including landscape architects, architects, engineers, land surveyors and landscape contractors.

IRRIGATION PLAN: The irrigation plan shall be shown at the same scale as the planting plan . The irrigation plan shall show the components of the irrigation system with water meter size, backflow prevention, precipitation rates, flow rate and operating pressure for each irrigation circuit, and identification of all irrigation equipment.

JUNKYARD AND SALVAGE YARD : A lot , land or structure , or part thereof, used primarily for the collecting, storage and sale of wastepaper, rags, scrap metal or discarded material, or for the collecting, dismantling, storage and salvaging of parts for sale of machinery or vehicles not in running condition, or for the temporary impoundment of motor vehicles accessory to a towing service.

LANDSCAPE PLAN : The preparation of graphic and written criteria, specifications and detailed plans to arrange and modify the effects of natural features such as plantings, ground and water forms, circulation, walks and other features to comply with the provisions of this title.

LANDSCAPE SETBACK: The area dedicated to street planting running parallel to the front of the property (or side of the property when adjacent to a public roadway) ten feet (10') in depth measured from the back of curb, or where curb is nonexistent, the right of way line. This area includes the park strip and sidewalk where they exist.

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

LANDSCAPE ZONE : A portion of the LANDSCAPED AREA having plants with similar water needs, areas with similar microclimate (i.e., slope , exposure, wind, etc.) and soil conditions, and areas that will be similarly irrigated. A "landscape zone" can be served by one irrigation valve, or a set of valves with the same schedule.

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

LANDSCAPED AREA, FRONT YARD/SIDE YARD: See definition in this section for FRONT YARD/SIDE YARD LANDSCAPED AREA .

LANDSCAPED OPEN SPACE: The area behind the landscape setback , minus building footprint areas and minus ninety percent (90%) of the hard surface area (parking lots, etc.). The resulting computation shall be used to determine the number of trees required in commercial , business and industrial zones.

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

LARGE SCALE PUBLIC UTILITY : Means, but is not necessarily limited to, the following:

   A.   Electric power transmission lines with a capacity of sixty nine (69) kilovolts or greater.

   B.   Gas transmission lines with a design pressure of six hundred (600) psi or greater, and pipe diameter of sixteen inches (16") or larger.

   C.   Water transmission lines with a capacity of two hundred (200) second feet or greater.

   D.   Communication towers.

   E.   Any rights of way, service driveways or accessory structures that are appurtenant to the uses listed in subsections A through D of this definition.

LATTICE TOWER : A self-supporting, multiple sided, open steel frame structure used to support telecommunication equipment.

LAUNDRY OR DRY CLEANING, LIMITED: An establishment providing household laundry and dry cleaning services, classified as low hazard in applicable codes, with customer drop off and pick up; or an establishment providing home type washing, drying and/or ironing machines for hire to be used by customers on the premises. This term "limited laundry and dry cleaning" excludes large scale dry cleaning activities permitted under the definition of "laundry services ", as defined in this section.

LAUNDRY SERVICES: An establishment primarily engaged in the large scale cleaning of laundry, or that includes dry cleaning activities other than those classified as low hazard in applicable codes. The term excludes the limited laundry activities permitted under the definition of "laundry or dry cleaning, limited", as defined in this section.

LEVEE : A manmade structure , usually an earthen embankment, designed and constructed in accordance with sound engineering practices to contain, control, or divert the flow of water so as to provide protection from temporary flooding .

LEVEE SYSTEM : A flood protection system which consists of a levee, or levees, and associated structures, such as closure and drainage devices, which are constructed and operated in accordance with sound engineering practices.

LIVING SPACE : The living space area, which shall be calculated from the horizontal exterior dimensions of all levels, excluding porches, garages , patios, decks and unoccupied structures.

LOCALSCAPES® : A locally adaptable and environmentally sustainable urban landscape style that requires less irrigation than traditional Utah landscapes (see www.Localscapes.com). Mulch : Any material such as rock, bark, wood chips or other materials left loose and applied to the soil.

LOT : A parcel of real property shown as a delineated parcel of land with a number and designation on the final plat of a recorded subdivision or a parcel of real property defined by metes and bounds containing not less than the minimum area and width required in the zone in which it is located, together with such yards, open spaces, lot width and area as required by this title.

LOT AREA: The total area measured on a horizontal plane included within the lot lines of a lot or parcel of land .

LOT, CORNER : A lot situated at the intersection of two (2) streets, or a lot which occupies an interior angle of less than one hundred thirty five degrees (135°), formed by the intersection of two (2) streets.

LOT COVERAGE: The total horizontal area of a lot or parcel covered by any building or structure , which extends above the surface of the ground level and including any covered automobile parking spaces.

LOT DEPTH: The mean distance from the front lot line to the rear lot line .

LOT, DOUBLE FRONTAGE: A lot having frontages on two (2) parallel or approximately parallel streets.

LOT, FLAG: A lot, the bulk of which does not directly front onto a street and is only accessed from a public or approved private street through a narrow access drive that is also a part of the same lot.

LOT FRONTAGE: The distance a lot extends along a street usually measured along the front lot line .

LOT, INTERIOR : A lot fronted on one side by a street .

LOT, IRREGULAR: A lot of such a shape or configuration that technically meets the area, frontage and width depth requirements of this title, but is unusual in elongations, angles, curvilinear lines unrelated to topography or other natural features. Irregular shaped lots include triangle, gore or pie shaped lots.

LOT LINE ADJUSTMENT : The relocation of the property boundary line between two (2) adjoining lots or parcels with the consent of the owners of record.

LOT LINE, FRONT : A line separating a lot from a street .

LOT LINE, REAR: The line or lines most distant from and generally opposite the front lot line , except that in the case of an interior triangular or gore shaped lot, it shall be a constructive straight line ten feet (10') in length which is parallel to the front lot line or its chord and intercepts the two (2) side lot lines at points most distant from the front lot line.

LOT LINE, SIDE : Any lot boundary line which is not a front lot line or rear lot line .

LOT, THROUGH : A lot that fronts on two (2) or more public or approved private streets where at least two (2) of the frontages include both the front and rear of the lot. Additional street frontages may be present on the sides of the lot, thereby creating a corner lot in addition to a through lot.

LOT WIDTH : The distance between the side lines of a lot or parcel, measured at the front setback line.

LOW POWER RADIO SERVICE FACILITY OR WIRELESS TELECOMMUNICAT IONS FACILITY : An unmanned structure which consists of equipment used primarily for the transmission, reception or transfer of voice or data through radio wave or (wireless) transmissions. Such sites typically require the construction of transmission support structures to which antenna equipment is attached. "Low power radio services facilities" include "cellular" or "PCS" (personal communications system) communications and paging systems.

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

MANUFACTURED HOME : A transportable factory built housing unit constructed on or after June 15, 1976, according to the federal home construction and safety standards act of 1974 (HUD code), in one or more sections, which in the traveling mode, is eight (8) body feet or more in width, or forty (40) body feet or more in length, or when erected on site, is four hundred (400) or more square feet; is built on a permanent chassis and designed to be used as a dwelling , with or without a permanent foundation, when connected to the required utilities; includes plumbing, heating, air conditioning and electrical systems; and is identified by the manufacturer's data plate bearing the date the unit was manufactured and a HUD label attached to the exterior of the home certifying the home was manufactured to HUD standards. For floodplain management purposes, this definition also includes mobile homes, travel trailers and other similar vehicles placed on a site for greater than one hundred eighty (180) consecutive days. For insurance purposes, this definition does not include mobile homes, travel trailers and other similar vehicles.

MANUFACTURED HOME PARK OR SUBDIVISION : A parcel (or contiguous parcels) of land divided into two (2) or more manufactured home lots for rent or sale.

MANUFACTURING, GENERAL: An establishment engaged in the manufacture, predominantly from previously prepared materials, of finished products or parts, including processing, fabrication, assembly, treatment and packaging of such products, and incidental storage, sales and distribution of such products, but excluding basic industrial processing and manufacturing activities for the sole purpose of retail sales on the premises.

MANUFACTURING, LIMITED: An establishment engaged in the limited processing, fabrication, assembly and packaging of products utilizing processes that have no noise, odor, vibration or other impacts discernible external to the building .

MASONRY : Stone, brick, dyed block or split faced dyed concrete block. "Masonry" shall not include stucco.

MASS TRANSIT RAILWAY SYSTEM : A system of conveyance available to the public which provides high capacity, regional level transit service. "Mass transit railway systems" occupy either a separate right-of-way or a shared railroad right-of-way, and may include light rail, commuter rail, streetcar or trolley systems, and related system components. "Mass transit railway system" does not include transportation facilities such as passenger terminals, park and ride facilities, maintenance facilities or other auxiliary facilities.

MASSAGE THERAPY : Any establishment where a person , firm, association, or corporation engages in or carries on the activity of "massage", as defined in section 4-1A-2 of this Code and as regulated by the State of Utah Massage Therapy Practice Act, or its successor.

MATERIAL CHANGE :

   A.   "Material change" means any change in a "landuse application", as determined by the "municipality review team", that requires "revising" (see definitions in this definition below) one or more of the following criteria:

      1.   An approved development plan , subdivisionplat , or site plan ;

      2.   A decision made by the planning commission and/or city council ;

      3.   A utility location, connection point, or amount of use , such as a significant change in fire flow demand or a detention pond relocation;

      4.   The engineering design of public infrastructure, such that the plan sets require significant additional review, revision, or new elements or information that must be examined for conformance to engineering standards, such as findings contained in new engineering reports or studies;

      5.   Third party entity permits or applications, such as partial or complete denials of permits or applications by the Army Corps of Engineers, UPRR, UDOT, UTA, Salt Lake CountyFlood Control, a special district, an electric power or gas company, a utility or telecommunications company, a canal or irrigation company, etc.;

      6.   A suggestion or offer included by an applicant as part of the application or development (in order to obtain something in return from the city ) that is not normally required or that enhances a regular requirement, such as an additional dedication of real property , higher or better-quality walls or fences, wider park strips , additional landscaping , etc.;

      7.   The uses in the development , such as adding or significantly changing one or more of the following uses: residential, commercial , office space, industrial, medical, etc.;

      8.   Density, such as a significant overall change in the density of the housing units, office space, commercial space, or other similar proposed space in the development ;

      9.   The type and overall level of improvements and/or amenities in the development (being decreased), such as less acreage, less monetary value, lower quality or quantity, etc.; but generally, relocating amenities is not a material change if they are the same or better size, amount, and general configuration; and

      10. Any other similar criteria.

   B.   Written Material Change Determination. In order to determine a material change, the municipality review team must identify and explain, in its written material change determination ("determination"), one or more of the criteria identified in subsection A. A determination shall include the name and contact information for the "appropriate department head" (defined in this definition below) and may be appealed to the appropriate department head within fifteen (15) calendar days of the delivery of the determination to the applicant. The appropriate department head's decision is final, subject only to a petition for judicial review in district court in accordance with section 15-6-1 of this code and Utah Code Ann. section 10-9a-801.

   C.   For purposes of this definition:

      1.   "Appropriate department head" means the community development director , public works director, public utilities director, public services director, or other department head identified by city administration , as those terms are defined in section 1-3-2 of this code ;

      2.   "Landuse application" means a "subdivision land use application" (also referred to as a "subdivision application") and any related "subdivision improvement plans" (also referred to as "plan sets"), as those terms are defined and used in Utah Code Ann. sections 10-9a-103 and 10-9a-604.2;

      3.   "Municipality review team" means a team of city employees assigned to review a landuse application, including one or more planners, engineers, real property administrators, fire officials, and other city employees; and

      4.   "Revising" means altering, adding to, taking away from, eliminating, or reacting to a denial, etc.

   D.   Applicability of this Material Change Definition. Unless otherwise defined in the Utah Code Ann., this definition shall be used to define the term "material change" as it is used in Utah Code Ann. sections 10-9a-103 and 10-9a-604.2 or successor or similar provisions and as it is similarly used in title 14 and elsewhere in this code and other city policies.

MEAN SEA LEVEL : For purposes of the national flood insurance program, the North American Vertical Datum (NAVD) of 1988, to which base flood elevations shown on the City's flood insurance rate map (FIRM) are referenced.

MEDIA SERVICE : An establishment primarily engaged in the provision of broadcasting and other information relay services accomplished through the use of electronic and telephonic mechanisms, including radio, television, film, or sound recording studios.

MEDIAN : An area in the approximate center of a public or private street that is used to separate the directional flow of traffic and may act as a landscape buffer , which may contain left turn lanes, and is demarcated by curb and guttering.

MEDICAL OR DENTAL LABORATORY : An establishment engaged in conducting basic medical or dental research and analysis. This term does not include a facility providing any type of in house patient services typically provided by hospitals and clinics.

MEDICAL SERVICE : An establishment providing therapeutic, preventive or corrective medical treatment on an outpatient basis by physicians, dentists and other practitioners of the medical or healing arts, as well as the provision of medical testing and analysis services. Typical uses include medical and dental offices and clinics, blood banks, and medical or dental laboratories.

MENTAL HEALTH CARE FACILITY FOR ELDERLY PERSONS : An institution providing primarily extended nursing care. Such a facility shall provide healthcare and support services exclusively for residents requiring twenty four (24) hour assistance with daily living due to a form of dementia or other similar mental health issue, normally associated with aging.

MILITARY FACILITY : A premises or facility owned and operated by the Federal or State government for civil defense or military purposes. Uses include command centers, military airfields, military bases, storage depots and training bases.

MINERAL EXTRACTION: Removal of sand, gravel, dirt or other nonferrous materials by grading or excavating.

MIXED USE DEVELOPMENT : A building or groups of buildings designed to encourage a diversity of compatible land uses, which include a mixture of two (2) or more of the following uses: residential, office , retail , service, recreational and other similar (nonindustrial) uses.

MOBILE HOME : A transportable, factory built housing unit built prior to June 15, 1976, in accordance with the State of Utah Mobile Home Code, which existed prior to the Federal Manufactured Housing and Safety Standards Act.

MOBILE HOME PARK : A parcel ten (10) acres or larger in size under single ownership designed and planned to accommodate the placement of mobile or manufactured homes on leased or rented pads or lots.

MOBILE HOME SUBDIVISION: A platted and recorded subdivision zoned and designed for mobile, manufactured or modular home use where mobile, manufactured or modular homes are placed on permanent foundations.

MODEL HOME: A dwelling unit which is temporarily used for display purposes as an example of dwelling units available for sale or rent in a particular residential development . Model homes may incorporate a sales or rental office . Model homes may not be occupied for purposes of a residence until such time that the temporary display of the dwelling unit has ceased and the model home has been converted into a residential dwelling unit by removing all sales and/or rental offices and restoring all required features, such as garage space.

MONOPOLE : A single cylindrical steel or wooden pole that acts as the support structure for antennas.

MOTEL : A building or series of buildings in which rentable sleeping accommodations are made available in rooms for rent, primarily for the lodging of automobile travelers. A motel may be distinguished from a hotel primarily through the provision of direct independent access from an adjoining parking area for each rental unit.

MOTOR HOME : A motor vehicle built on a truck or bus chassis and designed to serve as self-contained living quarters for recreational travel and use .

MOTOR VEHICLE: An automobile, truck, trailer, watercraft, motorcycle, off road vehicle, recreation vehicles , motor homes or other similar device in which a person or thing is, or can be, transported from one place to another.

MOTOR VEHICLE, NEW : A motor vehicle that has never been titled or registered and has been driven less than seven thousand five hundred (7,500) miles.

MOTOR VEHICLE SALE AND SERVICE : An establishment engaged in the retail or wholesale sale or rental, from the premises, of new or used motor vehicles . Such establishments may provide service and maintenance, such as emissions and inspections for motor vehicles.

MOTOR VEHICLE, USED : A vehicle that has been driven over seven thousand five hundred (7,500) miles.

MOW STRIP : A flat level edging, typically constructed of concrete, stone or brick, between a fence , wall, flowerbed and the lawn, making it easy to mow and edge the grass.

MULCH : Any material such as bark, wood chips or other loose materials and applied to the soil.

MULTI-STORY DWELLING : A dwelling built so that the first level (story ) is on one level and covers the entire foundation or basement . Additional living space is built above the main level giving a second (or more) story(ies) to the house.

MULTIPLE-FAMILY DWELLING: A building constructed entirely on site, which is designed for occupancy by three (3) or more families or households living independently of each other and containing three (3) or more dwelling units .

NEW CONSTRUCTION : For the purpose of determining insurance rates, structures for which the "start of construction " commenced on or after the effective date of an initial FIRM or after December 31, 1974, whichever is later, and includes any subsequent improvements to such structures. For floodplain management purposes, "new construction" means structures for which the "start of construction" commenced on or after the effective date of a floodplain management regulation adopted by a community and includes any subsequent improvements to such structures.

NEW MANUFACTURED HOME PARK OR SUBDIVISION: A manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including, at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed on or after the effective date of floodplain management regulations adopted by a community.

NONCONFORMING LOT : A lot that legally existed before its current zoning designation and because of subsequent zoning changes, does not conform to the lot size or other dimensional or property development standards applicable in the zone where the lot is located.

NONCONFORMING STRUCTURE : A structure that legally existed before its current zoning designation and because of subsequent zoning changes, does not conform to the setback restrictions, height restrictions or other applicable requirements of this title.

NONCONFORMING USE : A use of land that legally existed before its current zoning designation, has been maintained continuously since the time the zoning regulation governing the land changed, and because of subsequent zoning changes, does not conform with applicable requirements of this title.

NURSING HOME: A group living facility providing basic domiciliary services and semiskilled, rehabilitative nursing service for senior patients who have impaired mobility or health problems of a limited duration.

OFFICE : A building , room or department where executive, management, administrative or professional services are provided, except medical services, and excluding the sale of merchandise, except as incidental to a principal use . Typical uses include real estate brokers, insurance agencies, credit reporting agencies, property management firms, investment firms, employment agencies, travel agencies, advertising agencies, secretarial services, data processing, telephone answering, telephone marketing, paging and beeper services, and facsimile transmission services; post offices and express mail offices, excluding major mail processing and distribution; offices for utility bill collection; professional or consulting services in the fields of law , architecture, design, engineering, accounting and similar professions; interior decorating consulting services; and business offices of private companies, utility companies, public agencies, trade associations, unions and nonprofit organizations.

ONE LEVEL DWELLING : A dwelling with one living level, built upon a foundation or basement or combination of the two (a rambler or split entry are typical of this type of dwelling).

OPEN LAND : Land designated as undevelopable, land to be preserved in its natural state , or as common or public open land to be used for visual relief or for recreational purposes.

OPEN SPACE : Any area or portion of vegetated land , either landscaped or essentially unimproved, which is used to meet human recreational, buffering or spatial needs, or to protect water, air, or vegetation areas. Landscaping , walkways, trail head parking, public patio areas, light poles, and other ornamental features within open space areas shall not be considered as obstructions to open space.

OPEN SPACE, TRANSFERRED DENSITY (TDOS): That portion of a clustered development plan from which density has been permanently transferred and the land has been dedicated to the public.

OPERATIONS CENTER : A maintenance, repair or service facility operated by a local, state or federal government agency.

OSB : Oriented strand board.

OUTDOOR RV, MOTOR HOME, TRAILER AND BOAT STORAGE FOR RESIDENTS OF A SENIOR HOUSING DEVELOPMENT : A parcel or lot located within a senior housing development which is used for the common storage of RVs, motor homes, trailers and boats which are individually owned by residents of the development. The parcel or lot shall be owned by either that development's homeowners' association or, if no HOA exists, the common owner of the development. Outdoor RV, motor home, trailer and boat storage does not include the storage of damaged, wrecked or inoperable vehicles , RVs, motor homes, trailers or boats.

OUTSIDE STORAGE AND OPERATIONS : The accessory storage (and any permissible operation associated with such storage) of products, merchandise, containers, materials, business equipment and business vehicles (exceeding a gross vehicle weight of 20,000 pounds or 10 tons). This definition excludes uses classified as vehicle and equipment repair, general and limited ; motor vehicle sales and service , new and used; and garden center , outdoor.

OWNER : The person or group of person, having record title to a property.

PARK : A publicly or privately owned park, playground or other area or open space providing opportunities for active or passive recreational or leisure activities.

PARK AND RIDE LOT: An off street parking area or parking structure intended to provide for the peripheral collection of vehicles to accommodate commuter traffic into or out from a community.

PARK STRIP : The area within a street right of way located between the curb and sidewalk or, if there is no sidewalk, between the curb and private property line (a typically narrow landscaped area ).

PARKING LOT: Five (5) or more contiguous parking spaces serving developments greater than a duplex.

PARKING, OFF SITE : The use of a lot for required or additional parking that is separate from the lot of the principal use.

PARKING, SHARED : The provision that two (2) or more uses in a development area may share parking facilities to fulfill their individual parking requirements because their prime operational hours do not overlap.

PARKING SPACE: An area designated within a parking area for the parking of a single motor vehicle .

PAWNSHOP : An establishment engaged in lending money on security of personal property , as well as selling property, which is not reclaimed.

PEDESTRIAN FRIENDLY : Street , site and building design that creates a safe, comfortable and aesthetic environment for people who are walking or biking. Pedestrian friendly developments shall place primary emphasis on the street sidewalk and on pedestrian access to site destinations, rather than on auto access and parking areas. Generally, buildings and their entrances shall be placed close to the street.

PEDESTRIAN SCALE: See definition of Human Scale .

PEDIMENT : A triangular section framed by a horizontal molding on its base and two (2) raking (sloping) moldings on each of its sides. Pediments are generally used as a crowning element for doors, windows, over mantels and niches, usually in conjunction with columns as a main entry feature.

PERCENT OF SLOPE : The slope of a designated area of land determined by dividing the vertical rise of a slope by the horizontal run of the same slope and converting the resulting figure into a percentage value as measured between contour lines on the referenced contour map.

PERENNIAL PLANT: Plants which have a life span of more than two (2) years but which become dormant each fall, losing all foliage, and generate new foliage and flowering buds the following spring and summer from the dormant root system.

PERMITTED USE : A use or occupancy of a building or a use of land which is allowed in the respective zones in this title without specific approval of the planning commission but which complies with provisions of the zone in which the use is to be conducted.

PERSON : An individual, firm, partnership, corporation, company, association, joint stock association or governmental entity. It includes a trustee, receiver, assignee, or similar representative of any of the foregoing.

PERSONAL CARE SERVICE : An establishment primarily engaged in the provision of frequently or recurrently needed services of a personal nature. Typical uses include beauty shops and barbershops, custom tailoring and seamstress shops, electrolysis studios, portrait studios, shoe repair shops, tailors, tanning and nail salons, and weight loss centers. This definition includes permanent cosmetics when done in association with another permitted use such as beauty shops and nail salons, but excludes tattoo and body engraving services.

PERSONAL INSTRUCTION SERVICE : An establishment primarily engaged in the provision of informational, instructional, personal improvement and similar services involving instructional information. Typical uses include art and music schools, driving and computer instruction, gymnastic and dance studios, handicraft or hobby instruction, health and fitness studios, martial arts training, and swimming clubs.

PERSONS WITH DISABILITIES: The city adopts the definition of "disabled" from the Americans with disabilities act, the rehabilitation act, title 8 of the civil rights act and all other applicable federal and state laws.

PET BOARDING: Licensed commercial indoor/outdoor facilities where household pets are housed and cared for on a temporary basis, and where pets are kept in pens, not in cages. Outdoor recreation area equaling at least twenty five percent (25%) of the square footage of the building (s) shall be provided and at least fifty percent (50%) of the enclosed floor area of the building(s) shall be used for open recreation.

PET GROOMER: An establishment engaged in the hygienic care and/or cleaning of pets.

PETTING ZOO : A collection of domesticated animals, such as goats, ducks, chickens, horses, cows, pigs, alpacas, llamas, rabbits and sheep, and sometimes docile wile animals such as turtles or deer, for humans to feed, observe, ride and pet.

PHASE : A distinct stage of development that can exist as a separate entity if the project does not continue to completion.

PLACE TYPE: A designated subzone within a planned community , with specific landuse and design regulations.

PLANNED COMMUNITY: A development that is characterized by mixed uses (i.e., residential, commercial , recreational, open space , and institutional) to create a more convenient and more effective integration of uses which may work in concert to create a more attractive and desirable environment in which people can enjoy employment, residence and leisure within close proximity to each other.

PLANNED RESIDENTIAL DEVELOPMENT (PRD): A master planned, architecturally designed residential development where ordinarily applicable zoning requirements may be negotiated to allow flexibility and initiative in site and building design and location in accordance with the standards and requirements of this title and an approved PRD plan.

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

PLAT : A map or other geographical representation of lands being laid out and prepared in accordance with this title and Utah Code Annotated.

PODIUM MULTIFAMILY: Multifamily development located over structured parking.

POP-UP SPRAY HEAD : A sprinkler head that sprays water through a nozzle in a fixed pattern with no rotation.

PORTICO : A covered walk or porch supported by columns or pillars.

POST OFFICE SUBSTATION: A facility or structure owned by the U.S. postal service and used for collecting, sorting and distributing of mail within several ZIP code areas and having limited retail services for the general public, such as the sale of stamps, postcards and postal insurance.

PRECIPITATION RATE : The depth of water applied to a given area, usually measured in inches per hour.

PRELIMINARY IRRIGATION SCHEDULE : Irrigation schedule prepared by a landscape designer or irrigation designer , included on irrigation plan , based on theoretical flow calculations.

PRESCHOOL : A facility or learning center for the organized instruction of children who have not reached the age for enrollment into kindergarten.

PRESSURE COMPENSATING : A drip irrigation system that compensates for fluctuating water pressure by only allowing a fixed volume of water through drip emitters.

PRESSURE REGULATING VALVE : A valve installed in an irrigation mainline that reduces a higher supply pressure at the inlet down to a regulated lower pressure at the outlet.

PRIMARY SURFACE : A surface longitudinally centered on a runway . When the runway has a specially prepared hard surface, the primary extends two hundred feet (200') beyond each end of such runway; but when the runway has no specially prepared hard surface, or planned hard surface, the primary ends at each end of such runway. The width of the primary surface of a runway will be that width prescribed in part 77, section 77.25, of the federal aviation regulations (FAR), which is hereby incorporated by reference and made a part of this definition, for the most precise approach existing or planned for either end of that runway. The elevation of any point on the primary surface is the same as the elevation of the nearest point on the runway centerline.

PRINTING AND COPYING, LIMITED : A business establishment engaged in retail photocopying, reproduction, photo developing or blueprinting services.

PRINTING, GENERAL : The production of books, magazines, newspapers and other printed matter, as well as record pressing and publishing, engraving and photoengraving, but excluding "printing and copying, limited " uses, as defined in this section.

PRIVATE STREET : A privately owned and maintained access provided for by a tract, easement or other legal means.

PRODUCE STAND : A booth, stall or other area at which produce of a farm is sold to the general public.

PROTECTION STRIP : Any remainder of real property created by a subdivision , dedication or conveyance of any kind, which, because of its configuration, constitutes an undevelopable parcel of land , and serves as a buffer between a public right of way , and another parcel of real property.

PROTECTIVE SERVICE : A facility for conduct of public safety and emergency services, including fire and police protection services and emergency medical and ambulance services.

PUBLIC ENTITY: The city of West Jordan or a special district or local district, the county , the state of Utah, the United States federal government, or any other governmental entity or agency.

PUBLIC FACILITIES: Capital facilities owned by a local political subdivision .

PUBLIC RIGHT OF WAY: Any land , easement , or other interest therein, which, by deed, conveyance, agreement, dedication , usage, or other process of law , has been reserved for or dedicated to a public entity (the city , a special district or local district, the county , the state of Utah, the United States federal government, or any other governmental entity or agency) for the use of the general public for public purposes.

PUBLIC STREET : A street that is designated for public travel and is in public ownership.

RECEPTION CENTER: A facility which leases the premises for hosting weddings and other private events. The term "reception center" shall not include uses whose primary function is a restaurant or club.

RECOMMENDED IRRIGATION SCHEDULE : Irrigation schedule prepared by an irrigation auditor, based on actual sprinkler precipitation rate measurements and flow calculations, if necessary, to be used as a guide that may be adjusted as needed for landscape health and water conservation purposes.

RECREATION AND ENTERTAINMENT, INDOOR: An establishment offering recreation, entertainment or games of skill to the general public or members that is wholly enclosed in a building . Typical uses include bowling alleys, indoor theaters, bingo parlors, pool halls, billiard parlors, video game arcades, racquetball and handball courts, and amusement rides.

RECREATION AND ENTERTAINMENT, OUTDOOR: An establishment offering recreation, entertainment or games of skill to the general public or members wherein any portion of the activity takes place in the open. Typical uses include archery ranges, batting cages, golf driving ranges, drive-in theaters, miniature golf courses, tennis courts, and amusement rides.

A vehicle which is:

ROOF MOUNTED ANTENNA: An antenna or series of individual antennas mounted on a flat roof, mechanical room, or penthouse of a building .

SHORT-TERM RENTAL : A residential unit or any portion of a residential unit that the owner of record or the lessee of the residential unit offers for occupancy for fewer than thirty (30) consecutive days.

SITE PLAN: A schematic, scaled drawing of a buildinglot or location which indicates the placement and location of yards, property lines, adjacent parcels, utilities, topography, waterways, irrigation, drainage, landscaping , parking areas, driveways, buildings, trash containers, outside storage, streets, sidewalks, curbs, gutters, signs , lighting, fences, and other features of existing or proposed construction or landuse .

SLOPE : A portion of ground forming a natural or artificial incline, including a retaining wall.

SLOPE, STEEP : Slopes of thirty percent (30%) gradient or steeper, which, for the purpose of this code , is to be considered as undevelopable area .

SMALL EQUIPMENT RENTAL : The rental of equipment, excluding heavy construction vehicles and equipment, and may also include facilities for maintenance of equipment. Rental equipment may include, but is not necessarily limited to, medical equipment, party supplies, appliances, lawn and garden equipment, hand tools, power tools, moving trailers, and other similar products.

SOLAR ENERGY SYSTEM, BUILDING MOUNTED: An accessory structure that is roof mounted or wall mounted, with the primary purpose of providing for the collection, inversion, storage, and distribution of solar energy for electricity generation, space heating, space cooling, or water heating of buildings and/or uses located on the same property.

SOLAR ENERGY SYSTEM, GROUND MOUNTED: An accessory structure that is ground mounted panels, with the primary purpose of providing for the collection, inversion, storage, and distribution of solar energy for electricity generation, space heating, space cooling, or water heating of buildings and/or uses located on the same property.

SPECIAL RESIDENTIAL FACILITIES: An adult daycare , group home (large), residential substance abuse treatment home, and/or transitional home. It is a special purpose definition used to apply general requirements to each of its constituent facilities.

SPLIT LEVEL DWELLING: A dwelling built with levels of the home offset so that one level does not cover the entire foundation or basement .

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

STACKING: A space designated as a queuing area for motor vehicles waiting for entry into any drive-in facility, service bay or auto oriented use .

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

STATE : The state of Utah.

STEALTH POLE: A monopole , along with its accompanying antennas and equipment, that is completely disguised as another object or structure with the purpose of being visually inconspicuous to the surrounding built and/or natural environment. Typical applications include, but are not limited to, flagpoles, light poles, field lights, water towers, trees, rocks, chimneys, clock towers, steeples, bell towers, dormers and other architectural components.

STORY : The space in a building between the surface of any floor and the surface of the next floor or roofline above; provided, however, that where the floor level of the first story is at least five feet (5') below the existing grade , the space shall be considered a basement and shall not be counted as a story. A story is equal to twelve feet (12') (vertically).

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

STREET : A public right of way , including highways, avenues, boulevards, parkways, roads, and lanes. A street does not include an alley .

STRUCTURE : Any building , shelter, sign, wall, fence , pole or other improvement constructed or installed and permanently attached to the ground.

SUBDIVISION : A "subdivision", as defined in Utah Code Annotated section 10-9a-103(51), as amended periodically.

SUBSOIL : The layer of soil under the topsoil on the surface of the ground. Composed of a variable mixture of small particles such as sand, rock, silt and clay, but without organic matter and humus.

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

SUBSTANTIAL IMPROVEMENT: Any repair, reconstruction or improvement of a structure , the cost of which equals or exceeds fifty percent (50%) of the market value of the structure either before the improvement or repair is started, or if the structure has been damaged and is being restored, before the damage occurred. "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. This definition does not include either any project for improvement of a structure to comply with existing state or local health, sanitary or safety code specifications that are solely necessary to assure safe living conditions, or any alteration of a structure listed on the national register of historic places or a state inventory of historic places.

SUNBURST : An ornamental motif resembling the rays of the sun found most often on the facades of late Victorian buildings.

TANDEM PARKING : A parking design that allows parking a vehicle behind another vehicle.

TATTOO AND BODY ENGRAVING SERVICE: A personal service establishment furnishing tattoos and body piercing on the premises. This definition excludes permanent cosmetics when done in association with a permitted personal care service , such as a beauty shop or nail salon.

TEMPORARY DEVELOPMENT/CONSTRUCTION OFFICE: A temporary structure , such as a modular unit or trailer used as a temporary office facility. Purposes for temporary offices are restricted to the following uses: construction supervision offices on a construction site and temporary on site real estate offices for a development project.

TOPSOIL: The material on the surface of the ground in which plants grow.

TOPSOIL ANALYSIS: A report by a soils laboratory indicating soluble salts (dS/m or mmho/cm), pH, sand (%), silt (%), clay (%), texture class (sandy clay, clay loam, silty sand, etc.), organic matter (%), percent of coarse fragments (>2 mm diameter), and sodium adsorption ratio (SAR) for a given site. The soils report also includes recommendations for soil amendments.

TOPSOIL OPERATIONS: A business that screens excess dirt from development sites to be sold to the public or to be used on the site.

TOWER : A structure whose height is usually much greater than its width; may either stand alone or surmount a building .

TOWNHOME : A building containing a row of two (2) or more attached dwelling units , with each unit being separated from the adjoining units with vertical side walls that shall extend from the foundation to the roofline of the units which it serves and shall have no openings therein. Each unit shall have open space on at least two (2) external walls. The land directly under the footprint of each townhome shall be owned fee simple, with any remaining land not so owned being maintained by a homeowners' association.

VEHICLES :

   CLASS 1 VEHICLE: All two (2) or three (3) wheeled motorized vehicles. Typical vehicles in this class have saddle type seats and are steered by handlebars rather than steering wheels. Typical class 1 vehicles include motorcycles, motor scooters, mopeds, moto-powered bicycles, and three-wheel motorcycles.

   CLASS 2 VEHICLE: All sedans, coupes, and station wagons manufactured primarily for the purpose of carrying passengers.

   CLASS 3 VEHICLE: All two (2) axle, four (4) tire, vehicles, other than passenger cars. Typical class 3 vehicles include pickups, panels, vans, and other vehicles such as campers, ambulances, hearses, carryalls, and minibuses.

   CLASS 4 VEHICLE: All vehicles manufactured as traditional passenger-carrying buses with two (2) axles and six (6) tires or three (3) or more axles. This category includes only traditional buses (including school buses) functioning as passenger-carrying vehicles.

   CLASS 5 VEHICLE: All vehicles on a single frame with two (2) axles and dual rear wheels.

   CLASS 6 VEHICLE: All vehicles on a single frame with three axles.

   CLASS 7 VEHICLE: All vehicles on a single frame with four or more axles.

   CLASS 8 VEHICLE: All vehicles with four or fewer axles consisting of two units, one of which is a tractor or straight truck power unit.

   CLASS 9 VEHICLE: All five-axle vehicles consisting of two units, one of which is a tractor or straight truck power unit.

   CLASS 10 VEHICLE: All vehicles with six or more axles consisting of two units, one of which is a tractor or straight truck power unit.

   CLASS 11 VEHICLE: All vehicles with five or fewer axles consisting of three or more units, one of which is a tractor or straight truck power unit.

   CLASS 12 VEHICLE: All six-axle vehicles consisting of three or more units, one of which is a tractor or straight truck power unit.

   CLASS 13 VEHICLE: All vehicles with seven or more axles consisting of three or more units, one of which is a tractor or straight truck power unit.

   LARGE EARTHMOVING EQUIPMENT: Construction or excavation machinery primarily designed for the movement, leveling, or digging of earth, with a total operating weight, including attachments, exceeding 8,000 pounds. This equipment is typically used for heavy-duty tasks such as large-scale excavation, grading, trenching, or material handling and includes, but is not limited to, full-sized excavators, bulldozers, loaders, and large backhoes. For the purposes of this code, "operating weight" refers to the total weight of the equipment in its typical working configuration, including all fuel and any additional attachments.

   MEDIUM EARTHMOVING EQUIPMENT (2,501 TO 8,000 LBS.): Construction or excavation machinery primarily designed for the movement, leveling, or digging of earth, with a total operating weight, including attachments, ranging from 2,501 pounds to 8,000 pounds. This equipment is typically used for tasks such as excavation, grading, trenching, or material handling and includes, but is not limited to, mid-sized skid steer loaders, compact track loaders, and small to medium-sized excavators and backhoes. For the purposes of this code, "operating weight" refers to the total weight of the equipment in its typical working configuration, including all fuel and any additional attachments.

   PARKED OR PARKING: A vehicle or equipment being parked, stored, abandoned, placed, or otherwise located on real property, for whatever reason or purpose, either temporarily or long-term, and either with or without permission.

   MOTORHOME (NON-COMMERCIAL): A self-propelled motor vehicle designed and equipped for recreational or temporary living purposes, which is not used for commercial purposes or business activities. This vehicle typically includes sleeping accommodations, cooking facilities, and bathroom amenities, and is intended for personal use, leisure, or travel.

   SMALL EARTHMOVING EQUIPMENT (0 TO 2,500 LBS.): Construction or excavation machinery that is primarily designed for the movement, leveling, or digging of earth, and has a total operating weight, including attachments, not exceeding 2,500 pounds. This equipment is typically used for tasks such as digging, grading, trenching, or landscaping, and includes, but is not limited to, compact skid steer loaders, mini excavators, and small backhoes. For the purposes of this code, "operating weight" refers to the total weight of the equipment in its typical working configuration, including all fuel and any additional attachments.

   TRUCK CAB NO TRAILER: A motor vehicle designed and equipped primarily for the purpose of transporting cargo, with a driver's compartment and an engine, but without a trailer or any additional towing equipment connected.

   TRAILER (EQUAL TO OR LESS THAN 25 FEET LONG): Any non-motorized vehicle, designed and constructed to be towed by a motor vehicle, that has a length equal to or less than twenty five feet (25') from its front to its rear extremity, excluding any towing apparatus. This vehicle may be used for the transport of goods, materials, or other items and may include, but is not limited to, utility trailers, cargo trailers, and flatbed trailers. For the purposes of this code, the length of the trailer is measured from the foremost part of the trailer to the rearmost part, excluding any accessories or hitching devices.

   TRAILER (MORE THAN 25 FEET LONG): Any non-motorized vehicle, designed and constructed to be towed by a motor vehicle, that exceeds twenty five feet (25') in length from its front to its rear extremity, excluding any towing apparatus. This vehicle may be used for the transport of goods, materials, or other items and may include, but is not limited to, utility trailers, cargo trailers, and flatbed trailers. For the purposes of this code, the length of the trailer is measured from the foremost part of the trailer to the rearmost part, excluding any accessories or hitching devices.

YARD AREAS ON FLAG LOTS: On flag lots, yard areas shall not include the access drive from the street to the bulk of the lot and the front yard shall be that portion of property to which the primary access to the principal structure on the property faces.

YARD AREAS ON IRREGULAR SHAPED LOTS : Irregular shaped lots include triangle, gore or pie shaped lots. The Zoning Administrator shall determine the yard areas for irregular shaped lots.

YARD AREAS ON THROUGH LOTS : The frontage onto a street that contains the primary access to the principal structure on the property shall be considered the front yard and the area behind the primary access to the principal structure shall be the rear yard . If vacant, the yard that is on the same side of the property that the majority of other principal structures on the same block front onto shall be considered the front yard .

YARD AREAS ON UNDEVELOPED PROPERTIES : For lots without a principal structure , required yard areas shall be the minimum setbacks required by district regulations.

YARD, CORNER LOT SIDE : On corner lots, the side yard that abuts a street shall be termed a corner side yard and extends between the closest point of the structure to the rear property line and between the corner side lot line and the closest point of the structure on the property.

YARD, FRONT: The required yard extending between the side lot lines across the front of a lot adjoining a public or approved private street . The depth of required front yard shall be measured at right angles to the front property line. The required front yard line shall be parallel to the front property line.

YARD MEASUREMENT: When measuring a yard for the purpose of determining the width of a side yard , the depth of a front yard or the depth of a rear yard , the least horizontal distance between the lot line and the building shall be used. For new construction where lots abut a street that is designated a major street in the General Plan , all yards abutting such street shall be measured from a line which is half the proposed right-of-way width from the centerline or from the lot line, whichever provides the greater setback .

YARD, REAR : The required yard extending across the rear of the lot between side lot lines. The rear yarddepth shall be measured from the rear property line to the nearest point of the principal structure on the property.

YARD, SIDE : The yard extending between the frontmost part of the structure to the rearmost point of the structure. The depth of a side yard shall be measured from the side property line to the closest point of the principal structure on the property.

ZONE : An area of the incorporated territory of the City which has been given a designation which provides for the regulation and restriction of the erection, construction, reconstruction, alteration, repair or use of buildings or structures, or the use of land as set forth and specified in this title.

ZONING ADMINISTRATOR: A City employee responsible with interpreting and enforcing this title, granting zoning permits, and supervising the Planning Division zoning staff. (2001 Code § 89-1-203; amd. 2009 Code; Ord. 09-09, 3-10-2009; Ord. 09-12, 4-14-2009; Ord. 10-07, 2-2-2010; Ord. 10-09, 2-24-2010; Ord. 10-20, 7-28-2010; Ord. 11-03, 2-9-2011; Ord. 11-34, 11-9-2011; Ord. 11-35, 11-22-2011; Ord. 12-01, 2-22-2012; Ord. 12-14, 6-13-2012; Ord. 13-17, 4-24-2013; Ord. 13-33, 11-13-2013; Ord. 14-09, 5-14-2014; Ord. 14-31, 10-22-2014; Ord. 14-32, 10-22-2014; Ord. 16-06, 1-13-2016; Ord. 16-13, 3-9-2016; Ord. 16-31, 7-13-2016; Ord. 17-17, 3-22-2017; Ord. 17-34, 6-28-2017; Ord. 18-26, 7-11-2018; Ord. 19-17, 5-1-2019; Ord. 19-50, 12-11-2019, Effective at 12 noon on January 6, 2020; Ord. 20-17, 7-8-2020; Ord. 21-10, 6-9-2021; Ord. 21-11, 3-24-2021; Ord. 21-31, 8-25-2021; Ord. 21-19, 12-15-2021; Ord. 22-15, 4-27-2022; Ord. 22-32, 9-14-2022; Ord. 23-19, 6-28-2023; Ord. 23-24, 10-11-2023; Ord. 23-44, 12-20-2023; Ord. 24-01, 1-24-2024; Ord. 25-23, 7-8-2025; Ord. 25-37, 8-26-2025)