Words in the present tense include the future. Words in the singular number include the plural and the plural words the singular. Words not included herein but defined in the building code shall be construed as defined therein.
The term "building inspection" shall be synonymous with the term "zoning administration", and the term "zone" shall be synonymous with the term "district".
For the purpose of this title, certain words and terms are defined as follows:
ACCESSORY BUILDING: A subordinate building, the use of which is incidental to that of the main building.
ACCESSORY USE: A related use which is incidental to the prescribed permissible use.
AGRICULTURE: The tilling of the soil, the raising of crops, horticulture and gardening, but not including the keeping or raising of domestic animals or fowl, and not including any agricultural industry or business such as fruit packing plants, fur farms, animal hospitals, farm equipment sales, or similar uses.
BUILDING: Any structure having a roof supported by columns or walls, built for the support, shelter or enclosure of persons, animals, chattels or property.
BUILDING HEIGHT: The vertical distance measured from the average elevation of the finished grade of the front of the building to the mean height of the square of the building.
BUILDING, MAIN: One or more of the principal buildings upon a lot.
CLUBS: The facilities of an association of persons for the promotion of some nonprofit common interest, such as literature, science, good fellowship, etc., and which holds meetings periodically, which are limited to members and guests.
CONDITIONAL USE: A use which requires approval of the city council, planning commission, board of adjustment or state board of health before the city office may issue a permit. Generally, those uses which require individual consideration of surrounding conditions and circumstances to carry out the intent and purpose of the zoning plan.
DWELLING: Any building which is used for residential purposes, except a hotel, motel, boarding house, hospital or rest home, tent or travel trailer.
DWELLING UNIT: One or more habitable rooms constituting a self-contained unit, and used or intended to be used by no more than one family and containing not more than one kitchen or kitchenette. For the purpose of this definition, hotels, motels, boarding houses, tents or travel trailers and similar type structures shall not constitute a dwelling unit.
FAMILY: One or more persons related by blood, marriage or adoption, living together in a dwelling unit.
FAMILY FOOD PRODUCTION: The keeping of domestic animals and fowl for the production of food, primarily for the use of the family occupying the premises.
GRADE: The average of the finished ground level at the center of exterior walls of the building.
HOME OCCUPATION (1) : The following standards shall be observed in the operation of all home occupations:
1. No person other than members of the immediate family occupying such dwelling may be employed in the home occupation, except as provided for in major home occupations.
2. The home occupation shall not physically change the dwelling to the extent that it would alter the residential character or appearance of the dwelling or neighborhood.
3. No more than twenty five percent (25%) of any one floor area of the residential dwelling structure, nor, in the alternative more than fifty percent (50%) of the total floor area of any garage wherein the home occupation is conducted, shall be utilized for the home occupation. If the garage is utilized, displaced parking shall be permitted only within required setbacks.
4. The home occupation shall not involve the use of any yard space for storage.
5. The home occupation shall not display nor create outside any structure, any external evidence of the operation of the home occupation except for one unanimated, non illuminated flat sign having an area of not more than two (2) square feet for each street upon which the dwelling fronts, which sign may be placed in a window or on the exterior wall of the dwelling.
6. There shall be complete conformity with fire, building, plumbing, electrical and health codes, and to all state and city laws and ordinances.
7. The home occupation shall not cause a demand for municipal or utility services or community facilities in excess of those usually and customarily provided for residential uses.
8. The home occupation shall not be associated with or produce odors, fumes, light, glare, color, design or materials, construction, lighting, sounds, noises or vibrations or other nuisances, including radio and television reception, that may be discernible beyond the premises or unreasonably disturb the peace and quiet of the neighborhood.
9. All home businesses must apply and receive the appropriate business license on an annual basis. Complaints against the home occupation can also cause a review and possible revocation of the business license.
10. Disabled persons can obtain a waiver of these conditions through the special use process and hearing before the planning commission.
HOME OCCUPATION, MINOR: Home occupation or business that does not gross over five hundred dollars ($500.00) and is excluded from purchasing a business license.
HOME OCCUPATION, PROHIBITED: Mortuaries, animal hospitals, clinics or hospitals, junkyards, commercial stables or kennels, repair of two (2) ton or larger trucks. Any other use dealing with explosive, hazardous or toxic materials not specifically permitted.
HOSPITAL: An institution where the ill or injured human beings are offered treatment of a type recognized by state law, such as medicine and surgery, osteopathy and the like, and in which provisions are made for overnight patient care.
HOUSEHOLD PET: Animals or fowl customarily permitted in the house and kept for company or pleasure, including dogs, cats, canaries and similar pets.
LOT: Land occupied or to be occupied by a building, or buildings, together with such open spaces as required under this title and having its principal frontage on a street or an officially approved place. Also, a building site, without reference to lots as recorded on official plats.
LOT, CORNER: Lot situated on a junction of two (2) public streets or situated on a curved street where the interior angle of intersection does not exceed one hundred thirty five degrees (135°).
MANUFACTURED HOME PARK: Any plot of ground upon which three (3) or more manufactured housing units are located and occupied for permanent dwelling.
MANUFACTURED HOUSING: A detached single-family dwelling unit not less than one thousand fifty (1,050) square feet, designed for long term occupancy and to be transported on its own wheels, or on flatbed or other trailers or detachable wheels, and arriving at the site where it is to be occupied as a complete dwelling unit ready for occupancy except for connections to utilities and other minor work. The term "manufactured housing" shall also include any structure defined as "manufactured housing" by the Utah state department of business regulation, manufactured housing division.
MODULAR HOME: A permanent dwelling structure built of prefabricated units which are assembled and erected on the site, and which is not considered manufactured housing by the Utah state department of business regulation, manufactured housing department.
MOTEL: A building or group of detached, semi detached or attached buildings containing guestrooms with automobile storage space provided in connection therewith, and designed, intended to be used, or used primarily for the accommodation of transient automobile travelers and which are rented by the day.
NONCONFORMING BUILDING: A building, structure or portion thereof which does not conform to the regulations of this title applicable to the zone or district in which such building is situated, but which existed prior to the effective date hereof.
NONCONFORMING USE (GRANDFATHER CLAUSE): A use of premises which does not conform to the regulations of this title, but which was in existence on the effective date hereof. Upon the sale of such premises, the new owner will be allowed to continue the same use of the premises; however, if the nonconforming use is abandoned for a period of one year, the zoning shall comply with the present ordinance and conform to all zoning rules and regulations.
PASTURE: An enclosure for animals in which no feed is provided except that which the animals obtain by grazing.
PLANNED UNIT DEVELOPMENT: An area of land developed as a single entity for a number of dwelling units over one lot, the plan for which does not correspond to the regulations in any zone in which the development is located, but which has been approved by the city council after review by the planning commission and the holding of a public hearing thereon.
REST HOME (NURSING HOME): A building or group of buildings in which is provided nursing, dietary and other personal services rendered to convalescents, invalids and aged persons and which is licensed by the state to provide such services.
SALVAGE YARD: A place where scrap, waste, discarded or salvaged materials are bought, sold, exchanged, baled, picked, disassembled or handled or stored, including auto wrecking yards, house wrecking yards, used lumber yards and places or yards for storage of salvage house wrecking or structural steel materials and equipment; but not within a completely enclosed building or yard, and not including pawn shops and establishments for the sale, purchase or storage of used furniture and household equipment, used cars in operable condition, or salvage materials incidental to manufacturing operations conducted on the premises.
SETBACK: The shortest distance between the property line and the building or part thereof.
SIGHT RESTRICTIVE BUILDING, WALL, FENCE OR HEDGE: A building, wall, fence or hedge shall be deemed to be sight restrictive when, in the opinion of the building inspector, its presence will (would) pose a safety hazard to pedestrian or vehicular traffic.
STORY: That portion of a building included between the surface of a floor and the ceiling next above it.
STREET: A public thoroughfare (other than an alley) which serves as the principal access to property and which is at least twenty four feet (24') in width.
STRUCTURAL ALTERATIONS: Any change in the supporting members of the building such as the bearing walls, columns, beams, girders or roof.
STRUCTURE: An object which is built or constructed.
TRAILER HOUSE: See definition of Manufactured Housing.
TRAVEL TRAILER: A vehicular portable structure designed as a temporary dwelling for travel and/or recreational or vacation uses which is less than twelve feet (12') wide and less than thirty five feet (35') long.
TRAVEL TRAILER PARK: Any area where one or more travel trailer lots are rented for a relatively short term occupancy to users of travel trailers.
YARD, FRONT: The minimum horizontal distance between the street line and the front line of the building or any projection thereof, excluding steps.
YARD, REAR: The minimum horizontal distance between the street line and the rear line of the building or any projection thereof, excluding steps.
YARD, SIDE: The minimum distance between the lot line and the side line of the building or any projection thereof, excluding steps. (Ord. 93-3, 9-1-1993; amd. Ord. 99-6-8, 8-3-1999; 2004 Code; Ord. 06-1, 6-13-2006; Ord. 10-5, 11-9-2010)
Notes
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1. See also section 3-1-1 of this code, definition of "home occupation".