Title 18 Zoning i

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1 Title 18 Zoning Chapter General Provisions Adoption of Provisions Purpose Interpretation Conflicting Provisions Public Hearings and Notices Vesting Chapter Definitions Definitions generally Accessory Use Adult Day Care Facility Agriculture Alley Apartment Court Apartment Hotel Apartment House Assisted Living Facility Automobile Wrecking Basement Boarding House Building Building-Accessory Building-Height Of Building-Main Building-Public Car Port Cellar Community Uses Corral Court Dairy Detention Facilities Disability Dwelling Dwelling-Group Dwelling-Multiple-Family Dwelling-Single-Family Dwelling-Two-Family Dwelling Unit Family Family Food Production Frontage Garage-Private Garage-Public Grade Guest House i

2 Home Occupation Hotel Household Pets Junk Yard Kennel Lodging House Lot Lot-Corner Lot-Interior Manufactured Home Modular Home Natural Waterways Neighborhood Services Nonconforming Building or Structure Nonconforming Use Nursing Home Outcall Services Outdoor Storage Parking Lot Parking Space Personal & Household Services Rehabilitation/Treatment Facility Residential Facility for Elderly Persons Residential Facility for Persons with a Disability Residence, Residential Facility Retirement Home Sexually Oriented Business (SOB) Shelter for the Homeless Specialty Retail Stable-Private Stable-Public Story Street Sign Sign-Advertising Sign-Animated Sign Area Sign-CBillboard Sign-Business Sign-Flat Sign-Floodlighted Sign-Ground Sign-Identification Sign-Illuminated Sign-Name Plate Sign-Projecting Sign-Property Sign-Public Necessity Sign-Roof Sign-Service Sign-Temporary Structure ii

3 Structural Alterations Temporary Use Tourist Court or Motel Trailer Camp/Trailer Court Travel Trailer Unlicensed Rehabilitation/Treatment Facility Use-Accessory Use-Conditional Use-Permitted Width of lot Yard Yard-Front Yard-Rear Yard-Side Chapter Zones Established Zones Designated Zone Boundaries Ordinance and Map Filing Boundary Location Rules Chapter RE-15 Zone Purpose and Intent Permitted Uses Conditional Uses Site Development Standards Housing Standards Qualifying Medium Density Standards Chapter RE-20 Zone Use Regulations Conditional Uses Lot-Area Lot-Width Yard-Side Yard-Front Yard-Rear Yard-General Building Height Chapter S-1G Zone Repealed. Chapter Gateway Zones Repealed. Chapter Mixed Use Zones Repealed. Chapter A-2 Zone Use Regulations iii

4 Conditional Uses Lot Area Lot Width Yard-Side Yard-Front Yard-Rear Yard-General Building Height Lot Coverage Chapter A-5 Zone Purpose and Intent Permitted Uses Conditional Uses-Designated Conditional Uses-Issuance Site Development Standards Sign Regulations Subdivision Requirement Modification Chapter R-1 Zone Use Regulations Lot Area Lot Width Yard-Side Yard-Front Yard-Rear Building Height Chapter R-5 Zone Use Regulations Lot Area Lot Width Yard-Side Yard-Front Yard-Rear Building Height Lot Coverage Group Dwellings-Special Provisions Chapter RMH-1 Zone Article I. General Provisions Title-Purpose Definitions Location of Mobile Homes and Manufactured Homes Zoning Requirements Permit Requirements License Requirements Building Permits Inspection Intent of Provisions Enforcement iv

5 Article II Site Plan Review Site Plan ReviewCIntent Application-Contents Application-Review Procedure Application-Information Required Application-Investigation Distribution of Plans Reports Planning Commission Action Report to Applicant Expiration of Approval Extension of Time Article III. Building Permits Site Plan Conformance Building PermitCIssuance Variation from Approved Plans Prohibited Article IV. Licenses License-Required License-Transfer License-Application License-Display Inspection of Mobile Home Parks License Suspension Article V. Inspection Inspector's Authority Power to Enter Inspection of Register Access-Inspector's Right Access-Occupant's Duty Article VI. Hearings and Orders Violations Hearing Request Hearing-Proceeding Emergency Action Article VII. Development Standards Compliance Mobile Home Park Location Uses Permitted Site and Density Requirements Site Coverage Setbacks Mobile Home Height Limits Access Vehicle Travel Lanes Off-street Parking Requirements v

6 Sanitation Requirements Utilities and Other Services Design Modification Skirting, Canopies and Awnings Pad Fire Extinguishing Equipment Utility Cabinets Landscaping On-site Laundry Drying Space Service Facilities and Standards Drainage and Flood Hazards Streets and Highways Greenbelt Enclosure of Mobile Home Park Service Area Enclosure Recreation Requirements Lot Standards Separation of Mobile Homes Patio Article VIII. Legal Controls Suspension and Revocation Certificate of Occupancy Improvement Guarantees Enforcement and Penalties Chapter RM Zone Repealed Chapter C-1 Zone Use Regulations Special Provisions Lot Area and Width Yard-Side Yard-Front Yard-Rear Building Height Lot Coverage Chapter Commercial Zones (C-1 & C-2) Purpose Zone Change Requirements Use Regulations Setback Standards Parking Permitted and Conditional Uses Site Plan Required Compliance with Conditions of Approval Chapter C-2 Zone Use Regulations Special Provisions Lot Area, Width, Coverage and Yard Regulations vi

7 Building Height Chapter Sign Regulations Purpose Prohibited Signs Legal Nonconforming Signs State License Location Restrictions Maintenance of Signs Removal of Dangerous Signs Construction Standards Word Usage and Interpretation Permit Required Exempt signs and sign related activities Enforcement Violation/Penalty Appeals Signs for Residential Uses, General Requirements Signs for Commercial Area/Uses, General Requirements Commercial Signs Sign Area, Height and Projection Temporary Signs Neighborhood Identification Signs Flags and Flag Poles Subdivision/development Signs Off-Premise Business Directional Signs Comprehensive or Special Purpose Sign Plan Electronic Message Centers Billboards - Purpose Billboards - Permits Billboards - Location Billboards - Design and construction standards Billboards - Nonconforming billboards Billboards - Relocation Billboards a business Chapter C-3 Zone Use Regulations Special Provisions Lot Area, Width and Yard Regulations Building Height-Lot Coverage Chapter CP-1, CP-2 and CP-3 Zones Purpose and Intent General Regulations Review Use Regulations Yard and Height Regulations Special Parking Requirements Protection of Adjoining Residential Properties-Buffer zone Site Plan Approval Required Attachment #1, Use Regulation... I vii

8 Chapter MP-1 Zone Purpose and Intent Permitted Uses Conditional Uses Site Development Standards Protection of Adjoining Residential Properties, Buffer zone Site Plan Approval Required Special Provisions Submission of Application Planning Commission Approval City Council Action Building Permit Issuance Time Limitation Application to Existing Manufacturing Zones Attachment #1, Permitted Uses for MP-1 Zone Attachment... I8-95 Chapter Manufacturing/Commercial Mix Zone (MCM) Purpose Zone Change Requirements Use Regulations Setback Standards Parking Permitted and Conditional Uses Site Plan Required Compliance with Conditions of Approval Chapter M-2 Zone Use Regulations Special Provisions Lot Area Regulations Chapter Special Approval Residential Zones Purpose and Intent Applicability General Standards of Approval Cluster Developments Planned Residential Unit Developments Chapter PS-1-A Zone Purpose Definitions Planned Unit Development Concept Permitted Uses Lot Area Lot Area Regulations General Requirements Review PRUD and PUD Culinary Water PRUD and PUD Sanitary Sewer Systems Chapter Planned Residential Unit Development (PRUD) viii

9 repealed Chapter Sensitive Area Overlay Zone Purpose Definitions Permitted Uses. There are no permitted uses Conditional Uses Site Development Standards Special Review Procedure Site Plan Requirements and Considerations Application Procedure Cost and Expense Conditional Use Permit Expiration Violation Chapter Transportation Oriented Development (TOD) Zone Repealed. Chapter E-1 Excavation Zone Purpose Permitted Uses Permitted Uses Requiring Five Acre Maximum Lot Area Conditional Uses Site Development Standards Sign Regulations Chapter Supplementary Use Regulations Regulations to Be Supplementary Supplementary Use Regulations Lots in Separate Ownership Yard Space for One Building Only Dwelling to Be Located on Lot Separately Owned LotsCReduced Yards Sale or Lease of Required Space Sale of Lots below Minimum Space Requirements Yards to Be UnobstructedCExceptions Accessory Buildings Area Height AllowanceCAdditional Height LimitationsCExceptions Main Building Minimum Height Accessory Building Maximum Height Clear View of Intersecting Streets Animals and Fowl Water and Sewage Requirements Lots and Dwellings on Private Rights-of-Way Personal Accessory Buildings, Special Exception Use of Explosives in Development Shall Require a Conditional Use Permit Chapter Design Requirements Article I. General Provisions ix

10 Purpose Areas Applicability Effect Application Requirements Article II. Site Standards Building Orientation Pad Sites Connection the Site with Surroundings Special Requirements Traffic Management and Parking Pedestrian and Bicycle Access and Circulation Public Utilities Landscaping, Open Space and Streetscapes Article III. Building Guidelines Intention Special Considerations General Building Guidelines Building Relief Building Articulation Building Design Treatments Building Height Building Materials Building Colors Roof Treatments Article IV. Gateway West Area Description Intention Special Considerations General Standards Buildings Lighting Article V. Gateway North Area Description Intention Special Considerations General Standards Buildings Article VI. Gateway West Area Description Intention Special Considerations General Standards Parking Special Requirements Article VII. Mixed Use Central Area Description Intention Special Considerations General Standards Buildings x

11 Lighting Article VIII. Mixed Use East Area Description Intention Special Considerations General Standards Buildings Lighting Article IX. Neighbor commercial Areas Description Special Requirements Chapter Off-Street Parking and Loading Off-Street Parking Required Parking SpaceCDwelling Parking Space-Buildings or Uses Not Dwellings Location of Parking Space Parking Lot Regulations Off-Street Truck Loading Space Chapter Motor Vehicle Access Business Requiring Access Roadways-Curbs Gasoline Pump Location Chapter Public Utility Substations Public Utility Substations Lot Area Yard Street Access Location to Be Approved Chapter Nonconforming Buildings and Uses Purpose and Objectives Continuing Existing Uses Construction Approved Nonconforming Uses, Substitution, Extend Cessation of Use Chapter Home Occupations (renamed as Chapter 5.18) Chapter Conditional Uses and Site Plans Purpose and Intent Conditional Use Permit Site Plan Approval Required Review Procedure Review Criteria Determination Installation and Guarantee of Improvements Building Permit Expiration xi

12 Appeals Chapter Commissions, Boards and Committees Article 1 Planning Commission Planning Commission Established Alternates Terms Quorum Attendance Training Rules of Policy and Procedure Organization Powers and Duties Article 2 Board of Adjustment Board Membership Training Organization Duties and Powers Time Limitation Article 3 Design Committee Design Committee Established Alternates Terms Quorum Training Powers and Duties Rules of Policy and Procedure Organization Chapter Rescinded Chapter Administration and Enforcement Enforcement Building Permit Compliance Powers and Duties Changes and Amendments Attorney's Fees, Engineering Fees, etc Annexation Licensing Violations Chapter Rezoning Procedure and Development Agreement Repealed. Chapter Standards for Single Family Dwellings Codes and Standards Additional Requirements Chapter Attached Accessory Apartments Definitions xii

13 Intent Conditional Use Application Fee Chapter Electronic Communication Facilities, Towers and Equipment Purpose Definitions Policies Overall Master Plan for Current/Future Sites Required Special Requirements for Communication Facilities Preferred Sites Special Requirements for Wall Mounted Antennas Special Requirements for Roof Mounted Antennas Special Requirements for Monopole Towers Siting Abandoned Communication Facilities Leases Chapter Master Planned Community (MPC) Repealed Chapter Adequate Public Facilities xiii

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15 Chapter General Provisions Adoption of Provisions. The existing ordinances of the city covering the zoning of areas and districts in the city, in their entirety and including the maps heretofore adopted and made a part of the ordinances are superseded and amended to read as compiled in this title; provided, however that the ordinances adopted December 8, 1987, intended to be a comprehensive collection of Pleasant View zoning ordinances in effect at December 8, 1987, including the attached maps, shall be deemed a continuation of previous ordinances, and not a new enactment, insofar as the substance of revisions of previous ordinances is included in ordinances readopted, whether in the same or different language; and this title shall be so interpreted upon all questions of construction, including but not limited to questions of construction, relating to tenure of officers and boards established by previous ordinances and to questions of conforming or nonconforming use, buildings and structures, and to questions as to the dates upon which such uses, buildings or structures become conforming or nonconforming. (Ord (part), 1987; prior code ) Purpose. This title is designed and enacted for the purpose of promoting the health, safety, morals, convenience, order, prosperity and welfare of the present and future inhabitants of the city of Pleasant View, County of Weber, State of Utah, including, amongst other things, the lessening of congestion in the streets, or roads, securing safety from fire and other dangers, providing adequate light and air, classification of land uses and distribution of land development and utilization, protection of the tax base, securing economy in governmental expenditures, fostering the city's agricultural and other industries, and the protection of both urban and non-urban development. (Ord (part), 1987: prior code ) Interpretation. In interpreting and applying the provisions of this title, the requirements contained in this title are declared to be the minimum requirements for the purposes set forth. (Ord (part), 1987: prior code ) Conflicting Provisions. This title shall not nullify the more restrictive provisions of covenants, agreements, other ordinances or laws, but shall prevail notwithstanding such provisions which are less restrictive. (Ord (part) 1987: prior code ) Public Hearings and Notices. A. Land Use Ordinances or Zoning Map Considerations. 1. Public Hearings. Both the Planning Commission and the City Council shall consider any land use ordinance or zoning map proposal at a public hearing. 2. Notice of public hearings shall be provided at least ten days prior to the meeting by: a. Publication in a newspaper of general circulation in the area; and b. Posting on the City web site; and c. Mailing notice to affected entities; and d. Placement of signs provided by the City on the property and/or at locations as determined by the city which would offer the best chance for public observation. Such signs shall remain in place until the conclusion of the process, as 18-1

16 determined by the city; or i. mailing of notice to each land owner whose property is directly affected and to those within 300 feet of the affected area. B. Conditional Uses. 1. Public Hearings. The Planning Commission shall consider any conditional use request at a public hearing. 2. Notice of public hearings shall be provided at least ten days prior to the meeting by: a. Placement of signs provided by the City on the property and/or at locations as determined by the city which would offer the best chance for public observation. Such signs shall remain in place until the conclusion of the process, as determined by the city; or i. mailing of notice to each land owner whose property is directly affected and to those within 300 feet of the affected area. (Ord , 6/26/07) Vesting. Subject to verification of a complete application as found herein: A. An applicant is entitled to approval of a land use application if the application conforms to the requirements of the city s zoning map and applicable land use ordinance in effect when a complete application is submitted, as determined by a check list provided by the city, and all fees have been paid, unless: 1. the governing body, on the record, finds that a compelling, countervailing public interest would be jeopardized by approving the application; or 2. in the manner provided by local ordinance and before the application is submitted, the municipality has formally initiated proceedings to amend its ordinances in a manner that would prohibit approval of the application as submitted. B. The city shall process an application without regard to proceedings initiated to amend the municipality s ordinances if: days have passed since the proceedings were initiated; and 2. the proceedings have not resulted in an enactment that prohibits the approval of the application as submitted. C. An application for a land use approval is considered submitted and complete when the application is provided in a form that complies with the requirements of applicable ordinances and all applicable fees have been paid. D. The continuing validity of an approval of a land use application is conditioned upon the applicant proceeding after approval to implement the approval with reasonable diligence. E. The city shall not impose on a holder of an issued land use permit a requirement that is not expressed: 1. in the land use permit or in documents on which the land use permit is based; or 2. in the city s ordinances. F. The city will not withhold issuance of a certificated of occupancy because of an applicant s failure to comply with a requirement that is not expressed: 1. in the building permit or in documents on which the building permit is based; or 2. in the city s ordinances. G. The City is bound by the terms and standards of applicable land use ordinances and shall comply with mandatory provisions of those ordinances. (Ord , 6/26/07) 18-2

17 Chapter Definitions Definitions Generally. For the purposes of this title, certain words and terms are defined as set out in this chapter. Words used in the present tense include the future; words in the singular number include the plural and the plural the singular; words not included in this chapter but defined in the Building Code shall be construed as defined therein. (Ord (part), 1987: prior code (part)) Accessory Use. A use that is incidental, customarily associated, with and subordinate, in area, extent and purpose to the principle use. A use that contributes to the comfort, convenience or necessity or the principle use. Accessory use shall be located on the same lot and in the same zone as the principle use and may include temporary uses. (Ord , dated 12/12/00) Adult Day Care Facility. Means any building or structure furnishing care, supervision, and guidance for three (3) or more adults unaccompanied by a guardian for periods of less than twentyfour (24) hours per day. (Ord , 4/10/01) Agriculture. Agriculture means the tilling of the soil, the raising of crops, horticulture and gardening, but not including the keeping or raising of domestic animals and fowl, except household pets, and not including any agricultural industry or business, such as fruit-packing plants, fur farms, animal hospitals or similar uses. (Ord (part), 1987: prior code (part)) Alley. Alley means a public thoroughfare less than twenty-six feet wide. (Ord (part), 1987: prior code (part)) Apartment Court. Apartment court means any building or group of buildings which contains dwelling units, and also satisfies the definition of a tourist court, as defined in this title. (Ord (part), 1987: prior code (part)) Apartment Hotel. Apartment hotel means any building which contains dwelling units and also satisfies the definition of a hotel, as defined in this chapter. (Ord (part), 1987: prior code (part)) Apartment House. Apartment house means a multiple dwelling. See Section , Dwelling Multiple. (Ord (part), 1987: prior code (part)) Assisted Living Facility. Means a residential facility, licensed by the State of Utah, with a home like setting that provides an array of coordinated supportive personal and health care services, available 24 hours a day, to residents who have been assessed under the Utah Department of Health or the Utah Department of Human Services rules to need any of these services. Each resident shall have a service plan based on the assessment, which may include nursing care,, administration of medication and support services to promote self-sufficiency. Such facilities do not include and are not classified as residential facilities for elderly persons or residential facilities for persons with a disability. (Ord , 4/10/01) Automobile Wrecking. See definition of junk yard Section (Ord (part), 1987: prior code (part)) Basement. Basement means a story partly underground and having at least one-half its height above grade. A basement shall be counted as a story, for purposes of height measurements. (Ord (part), 1987: prior code (part)) 18-3

18 Boarding House. Boarding house means a building with not more than five guest rooms, where, for compensation, meals are provided for at least five but not more than fifteen persons. (Ord (part), 1987: prior code (part)) Building. building means any structure leaving a roof supported by columns or walls, for the housing or enclosure of persons, animals or chattels. (Ord (part), 1987: prior code (part)) Building-Accessory. Accessory building means a detached subordinate building clearly incidental to and located upon the same lot occupied by the main building. (Ord (part), 1987: prior code (part)) Building-Height Of. Height of building means the vertical distance from the grade to the highest point of the coping of a flat roof, or to the deck line of a mansard roof, or to a point midway between the lowest part of the eaves or cornice and the ridge of a pitch or hip roof. (Ord (part), 1987: prior code (part)) Building-Main. Main building means the principal building or one of the principal buildings upon a lot, or the building or one of the principal buildings housing the principal use upon the lot. (Ord (part), 1987: prior code (part)) Building-Public. Public building means a building owned and operated, or owned and intended to be operated by a public agency of the United States of America, of the State of Utah, or any of its subdivisions. (Ord (part), 1987: prior code (part)) Car Port. Car port means a private garage not completely enclosed by walls or doors. For the purposes of this title, a car port shall be subject to all of the regulations prescribed for a private garage. (Ord (part), 1987: prior code (part)) Cellar. Cellar means a story having more than one-half its height below grade. A cellar shall not be counted as a story for the purpose of height measurement. (Ord (part), 1987: prior code (part)) Community Uses. Are uses which have the primary purpose of serving the religious, recreational, educational or governmental needs of the community. Such uses may include but are not limited to, churches, private and public educational institutions, private non-profit recreational facilities, parks, public buildings and facilities, cemeteries and the like. (Ord , dated 12/12/00) Corral. Corral means a fenced enclosure used for the close confinement of large animals, with hay or grain feeding in contrast to pasture feeding. (Ord , 9/14/93: prior code (part), 1987: prior code (part)) Court. Court means an unoccupied space on a lot, other than a yard, designed to be partially surrounded by group dwellings. (Ord (part), 1987: prior code (part)) Dairy. Dairy means a commercial establishment for the manufacture or processing of dairy products. (Ord (part), 1987: prior code (part)) Detention Facilities. A Detention Facility means any array of facilities where persons are involuntarily kept for reasons associated with the breaking of the law, including but not limited to, jails, prisons, juvenile detention or secure facilities, or community correctional facilities (halfway houses). (Ord , 4/10/01) 18-4

19 Disability. Disability means 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 an impairment, or being regarded as having such an impairment. Disability does not include current illegal use of, or addiction to, any Federally-controlled substance, as defined in Section 102 of the Controlled Substance Act, 21 U.S.C. 802, or successor law. (Ord , 4/10/01) Dwelling. Dwelling means any building, or portion thereof containing one or more dwelling units occupied as, or designed or intended for occupancy as a residence by one or more families. (Ord , 4/10/01; prior codes Ord (part), 1987 and (part)) Dwelling-Group. Group dwelling means two or more dwellings arranged around a court. (Ord (part), 1987: prior code (part)) Dwelling-Multiple-Family. Multiple-family dwelling means a building arranged or designed to include three (3) or more dwelling units, each to be occupied by one family. (Ord , 4/10/01: prior codes Ord (part), 1987and (part)) Dwelling-Single-Family. Single-family dwelling means a building arranged, or designed to include only one (1) dwelling unit. (Ord , 4/10/01; prior codes Ord 98-1, 3/24/98 and Ord (part), 1987 & (part)) Dwelling-Two-Family/Twinhome. Two-family/twinhome dwelling means a building arranged or designed to include two (2) dwelling units, each to be occupied by one(1) family. (Ord , 4/10/01; prior codes Ord (part), 1987and (part)) Dwelling Unit. Dwelling unit means any building or portion thereof designed, occupied, or intended as a residence for a family with complete, and independent facilities for living, sleeping, eating, cooking and sanitation. (Ord , 4/10/01; prior codes Ord 98-1, 3/24/98, Ord (part), 1987 and code (part)) Family. Family means one or more persons related by blood, marriage, adoption, or guardianship or a group of not more than five unrelated persons living together as a single non-profit housekeeping unit, together with any incidental domestic staff who may or may not reside on the premises. Family does not exclude the care of foster children. (Ord , 4/10/01; prior codes Ord (part), 1987 and (part)) Family Food Production. Family food production means the keeping of not more than two cows, two pigs, two sheep, two goats, twenty rabbits, fifty chickens, fifty pheasants, ten turkeys, ten ducks, ten geese and twenty pigeons provided that an additional number of animals equal to two times the number listed above and an additional number of fowl equal to five times the number listed above may be kept for each one-half acre in the lot over and above the minimum number of square feet required for a single-family residential lot in the zone and provided that not more than three of the above listed animals and fowl are permitted at any one time on any lot smaller than one-half acre. (Ord (part), 1987: prior code (part)) Frontage. Frontage means all the property fronting on one side of the street between intersecting or intercepting streets, or between a street and a right-of-way, waterway, end of dead-end street, or political subdivision boundary, measured along the street line. An intercepting street shall determine only the boundary of the frontage on the side of the street which it intercepts. (Ord (part), 1987: prior code (part)) Garage-Private. Private garage means an accessory building designed or used for the 18-5

20 storage of not more than four automobiles owned and used by the occupants of the building to which it is accessory and in which no business, commercial service or industry is carried on. A garage shall be considered part of a dwelling if the garage and dwelling have a roof or wall in common. On any lot or parcel of land of one acre or more in an agriculture zone there may be adequate storage space for vehicles used accessory to the agriculture use of the lot. (Ord (part), 1987: prior code (part)) Garage-Public. Public garage means a building or portion thereof, other than a private garage, designed or used for servicing, repairing, equipping, hiring, selling or storing motor-driven vehicles. (Ord (part), 1987: prior code (part)) Grade. Grade means: A. For buildings adjoining one street only, the elevation of the sidewalk at the center of that wall adjoining the street; B. For buildings adjoining more than one street, the average of the elevations of the sidewalk at the centers of all walls adjoining the streets; C. For buildings having no wall adjoining the street, the average level of the ground (finished surface) adjacent to the exterior walls of the building. All walls approximately parallel to and not more than five feet from a street line are to be considered as adjoining a street. (Ord (part), 1987: prior code (part)) Guest House. Guest house means a separate dwelling structure located on a lot with one or more dwelling structures and used for housing of guests or servants and not rented, leased or sold separate from the rental, lease or sale of the main dwelling. (Ord (part), 1987: prior code (part)) Home Occupation. Home occupation means an activity use conducted within a dwelling which is clearly incidental, secondary and compatible to the residential use of the building. A home occupation is an accessory use so located and constructed that a person, under normal circumstances, would not be aware of its existence. (Ord (part), 1987: prior code (part)) Hotel. Hotel means a building designed for or occupied as the more or less temporary abiding place of sixteen or more individuals who are, for compensation, lodged, with or without meals, and in which no provision is made for cooking in any individual room or suite. (Ord (part), 1987: prior code (part)) Household Pets. Household pets means animals or fowl ordinarily permitted in the house, and kept for company or pleasure, such as dogs, cats and canaries, but not including a sufficient number of dogs to constitute a kennel as defined in this chapter. (Ord (part), 1987: prior code (part)) Junk Yard. Junk yard means the use of any lot, portion of a lot, or tract of land for the storage of salvage materials, keeping or abandonment of junk, including scrap metals or other scrap material, or for the dismantling, demolition or abandonment of automobiles, other vehicles, or machinery or parts thereof; providing that this definition shall not be deemed to include such uses which are clearly accessory and incidental to any agricultural use permitted in the zone. (Ord (part), 1987: prior code (part)) Kennel. Kennel means the land or buildings used in the keeping of four or more dogs, at least four months old. (Ord (part), 1987: prior code (part)) Lodging House. Lodging house means a building where lodging only is provided for 18-6

21 compensation to five or more, but not exceeding fifteen persons. (Ord (part), 1987: prior code (part)) Lot. lot means a parcel of land occupied or to be occupied by a building or group of buildings, together with such yards, open spaces, lot width and lot area as are required by this title, having frontage upon a street or upon a right-of-way approved by the board of adjustment. Except for group dwellings and guest houses, not more than one dwelling structure shall occupy any one lot. (Ord (part), 1987: prior code (part)) Lot-Corner. Corner lot means a lot abutting on two intersecting or intercepting streets, where the interior angle of intersection or interception does not exceed one hundred thirty-five degrees. (Ord (part), 1987: prior code (part)) Lot-Interior. Interior lot means a lot other than a corner lot. (Ord (part), 1987: prior code (part)) Manufactured Home. A factory built structure (often called mobile home) which is constructed in compliance with the Federal Manufactured Housing Construction and Safety Standards Act of 1974 which became effective June 15, 1976, transportable in one or more sections, built on a chassis and designed as a place for human habitation of not more than one family, with or without a permanent foundation when connected to required utilities. A manufactured home meeting the requirements of Chapter shall be classified as a dwelling. (Ord , 4/10/01 and Ord 94-14, (part) 12/13/94) Modular Home. A factory built structure which is constructed in compliance with the city's adopted building codes, transportable in one or more sections, built on a chassis and designed as a place for human habitation when placed on a permanent foundation and connected to all utilities. A modular home meeting the requirement of Chapter shall be classified as a dwelling. (Ord , (part) 12/13/94) Natural Waterways. Natural waterways means those areas, varying in width, along streams, creeks, gulleys, springs or washes which are natural drainage channels as determined by the building inspector, and in which areas no buildings shall be constructed. (Ord (part), 1987: prior code (part)) Neighborhood Services. Includes low impact retail and service uses that are frequently needed by nearby residential neighborhoods. Such uses may include, but are not limited to, bakery, bookstore, dry cleaner, hair salons, laundry, medical/dental offices, pet stores, pharmacy, shoe repair, tailor and the like. (Ord , dated 12/12/00) Nonconforming Building or Structure. Nonconforming building or structure means a building or structure or portion thereof, lawfully existing at the time the ordinance codified in this title became effective, which does not conform to all the height, area and yard regulations herein prescribed in the zone in which it is located. (Ord (part), 1987: prior code (part)) Nonconforming Use. Nonconforming use means a use which lawfully occupied a building or land at the time the ordinance codified in this title became effective, and which does not conform with the use regulations of the zone in which it is located. (Ord (part), 1987: prior code (part)) Nursing Home. Means an intermediated care/nursing facility or a skilled nursing facility, licensed by the State of Utah, for the care of individuals who due to illness, advanced age, disability or impairment require assistance and/or supervision 24 hours a day. (Ord , 4/10/01) 18-7

22 Outcall Services. A type of sexually oriented business where employee(s) perform sexually oriented activities outside the premises of the licensed sexually oriented business, not in view of the general public, including but not limited to escorts, models, dancers and other similar employees. (Ord , dated 12/12/00) Outdoor Storage. Outdoor Storage is the storage or keeping of building materials, equipment, fuels, vehicles, goods, commodities or raw materials outside of a building or structure. (Ord , dated 3/10/15) Parking Lot. Parking lot means an open area, other than a street, used for the parking of more than four automobiles and available for public use, whether free, for compensation, or as in accommodation for clients or customers. (Ord (part), 1987: prior code (part)) Parking Space. Parking space means space within a building, lot or parking lot for the parking or storage of one automobile. (Ord (part), 1987: prior code (part)) Personal & Household Services. Includes mobile services such as carpet cleaning, plumber, electrician, physical therapy, massage, medical services, lawn care and other similar uses. (Ord , 4/10/01 and Ord , dated 12/12/00) Rehabilitation/Treatment Facility. Means a facility licensed by or contracted by the State of Utah to provide temporary occupancy and supervision of individuals (juveniles or adults) in order to provide rehabilitation, treatment, or counseling services of any kind. (Ord , 4/10/01) Residential Facility for Elderly Persons. Means a dwelling unit that is either owned by one of the residents or by an immediate family member of one of the residents, or is a facility for which the title has been placed in trust for a resident. Such facilities shall be occupied on a 24 hour basis by eight (8) or fewer elderly persons (60 or more years old), in a family-type arrangement. Such facilities shall not include facilities that are operated as a business (although a fee may be charged), nor shall it be a dwelling where persons are placed and treated for drug and alcoholism, residence in the facility shall be strictly voluntary, nor shall it be a health care facility as defined by Section of the Utah Code, nor shall it be a residential facility for persons with a disability. (Ord , 4/10/01) Residential Facility for Persons with a Disability. Means a residence in which more than one person with a disability resides and which is licensed or certified by either the Utah State Department of Health (Title 26, Chapter 21, Health Care Facility Licensing and Inspection Act) or the Utah State Department of Human Services (Title 62A, Chapter 2, Licensure of Programs and Facilities). (Ord , 4/10/01) Residence, Residential Facility. Means any building or portion thereof where an individual is actually living at a given point in time and intends to remain, generally for time periods of more than six (6) months, and not a place of temporary sojourn or transient visit. (Ord , 4/10/01) Retirement Home. Means a for-profit residential facility designed, occupied and intended for residents fifty (50) years of age or older, where common facilities for cooking and dining are available to all residents and independent facilities are provided for living, sleeping, sanitation and may include cooking. (Ord , 4/10/01) Sexually Oriented Business (SOB). Means the category of semi-nude entertainment businesses, including but not limited to sexually oriented outcall services, adult businesses and seminude dancing agencies as defined by the applicable business license chapter. (Ord , 4/10/01 and Ord , dated 12/12/00) Shelter for the Homeless. Means charitable lodgings or sleeping rooms provided on a 18-8

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