Chapter 17.10
DEFINITIONS

Sections:

17.10.010    What this chapter does.

17.10.020    General purpose.

17.10.030    Definitions.

17.10.010 What this chapter does.

This chapter provides definitions of important terms used in Eagle Mountain City’s Land Development Code (this title and EMMC Title 16, Subdivisions). [Ord. O-12-2009 § 2 (Exh. A); Ord. O-10-2007 § 2 (Exh. A § 2.1); Ord. O-23-2005 § 3 (Exh. 1(1) § 2.1)].

17.10.020 General purpose.

For the purpose of the land development code, the following terms and words and their derivations shall have the meaning as given herein. When not inconsistent with the context, words used in the present tense include the future; words in the singular number include the plural and the plural the singular. “Shall” is always mandatory. Words not included herein, but which are defined in the International Building Code, International Residential Code or in other city ordinances, shall be construed as defined therein. Words that are not included herein or in the International Building Code, International Residential Code or in other city ordinances shall be given their usual meaning as found in an English dictionary, unless the context of the words clearly indicates a different meaning. Definitions of words applicable particularly to certain sections or chapters may be included in those sections or chapters. Chapter 17.80 EMMC, Sign Regulations and Sign Permits, and Chapter 17.85 EMMC, Animal Regulations, both contain additional definitions specific to those chapters. [Ord. O-12-2009 § 2 (Exh. A); Ord. O-10-2007 § 2 (Exh. A § 2.2); Ord. O-23-2005 § 3 (Exh. 1(1) § 2.2)].

17.10.030 Definitions.

“Abandonment” means to cease or discontinue a use or activity for one year without intent to resume, but excluding temporary or short-term interruptions to a use or activity during periods of remodeling, maintaining, or otherwise improving or rearranging a facility, or during normal periods of vacation or seasonal closure.

“Accessory apartment” means a self-contained second living unit which is built into or attached to an existing single-family dwelling. The apartment is private and generally equal to or smaller than the primary unit and usually contains one or two bedrooms, bath, sitting room, kitchen, and a separate entrance. Accessory apartments may be located in any part of the house depending upon the availability of usable space.

“Accessory structure or building” means a subordinate structure detached from but located on the same lot as the principal structure, the use of which is incidental and accessory to that of the principal structure.

“Accessory use” means a use that (1) is clearly incidental to and customarily found in connection with a principal or main use; (2) is subordinate to and serves a principal or main use; (3) is subordinate in extent, area, or purpose to the principal or main use; (4) is located on the same lot as the principal or main use; and (5) contributes to the comfort, convenience, or necessity of occupants, business, or industry of the principal or main use. Home businesses shall be considered an accessory use. Accessory uses may occur within a principal structure and shall not necessarily take place in an accessory structure.

“Adjacent” or “adjoining” includes all lots or parcels that directly border the lot or parcel on which a development is proposed, and all lots or parcels separated from that lot or parcel by only a public or private easement or right-of-way, including streets and irrigation canals.

“Affected entity” means a county, municipality, independent special district under Title 17A, Chapter 2, Utah Code Annotated 1953, Independent Special Districts; local districts under Title 17B, Chapter 2, Utah Code Annotated 1953, Local Districts; school districts, interlocal cooperation entities established under Title 11, Chapter 13, Utah Code Annotated 1953, Interlocal Cooperation Act; specified public utilities, or the Utah Department of Transportation if: (1) the entity’s services or facilities are likely to require expansion or significant modification because of an intended use of land; (2) the entity has filed with the municipality a copy of the entity’s general or long-range plan; or (3) the entity’s boundaries or facilities are within one mile of land which is the subject of a general plan amendment or land use ordinance change.

“Agricultural use” means the use of a tract of land for growing crops in the open, dairying, pasturage, horticulture, floriculture, general farming uses and necessary accessory uses, including the structures necessary for carrying out farming and ranching operations and the residence of the person who owns or operates the farm, and the family thereof; provided, however, such agricultural use shall not include: the raising or keeping of fur-bearing animals, or the operation of commercial stockyards, or feed yards, slaughterhouses, rendering facilities, or concentrated animal production operations such as hog or poultry farms.

“Alluvial fan” means an outward spreading, gently sloping mass of alluvium deposited by a stream, especially in an arid or semiarid region where a stream issues from a narrow canyon onto a plain or valley floor. Viewed from above it has the shape of an open fan, the apex being at the canyon mouth.

“Appeal authority” means a person, board, commission, agency, or other body designated by ordinance to decide an appeal of a decision of a land use application or variance.

“Application” means an application required by this title or EMMC Title 16.

“Art gallery” means an establishment engaged in the sale, loan or display of paintings, sculpture or other works of art. This term does not include libraries or museums.

“Auditorium” means a multi-purpose assembly facility that is designed to accommodate conventions, live performances, trade shows, sports events and other similar public events.

“Auto service, major” means an establishment engaged primarily in the repair or maintenance of motor vehicles, trailers and similar large mechanical equipment, including paint, body and fender, and major engine and engine part overhaul, provided it is conducted within a completely enclosed building.

“Auto service, minor” means an establishment engaged primarily in the repair or maintenance of motor vehicles, trailers and similar large mechanical equipment, including brake, muffler, upholstery work, tire repair and change, lubrication, tune-ups and transmission work, provided it is conducted within a completely enclosed building.

“Automobile gas station” means an establishment for the retail sale of automotive fuels and lubricants and at which no vehicle repair or maintenance service is offered. Such an establishment may offer for retail sale other convenience items such as food, and may also include a car wash.

“Automobile, truck, recreational vehicle and equipment sales or rental” means sales or rental of both new or used motor vehicles and equipment from indoor or outdoor areas, but not to include nonserviceable or junk vehicles or equipment.

“Bank” means a business principally involved in the lending, borrowing, exchanging, issuing or safeguarding of money, under charter from an agency of the state of Utah or the United States.

“Bar” or “tavern” means a business principally involved in the sale of alcoholic beverages under license from the city and the state of Utah.

“Bed and breakfast facility” means a limited commercial activity conducted within a structure, which includes dining and bathroom facilities with sleeping rooms, on a residential scale for short-term guest rental. This definition will typically involve overnight accommodations, limited food services, parking facilities and open space in a natural setting.

“Bonus density” means any density granted above the base density of 0.8 dwelling units per acre.

“Bonus density ceiling” means the maximum allowable density available in any particular residential zone category.

“Buildable land” means any land suitable for development or construction of any building or structure, and all other land not classified as unbuildable land. For the purposes of calculating improved open space acreage requirements, buildable land shall include all land incorporated within the boundaries of any lot.

“Buildable lot area” means that portion of a building lot not included within any required yard setbacks, public utility easement, or open space within which a main building may be located.

“Building” means any structure used or intended for supporting or sheltering of any use or occupancy.

“Building official, city” means the employee, contractor, individual or firm responsible for all building construction plan reviews, inspection of all building construction, enforcement of the city’s adopted building codes and policies and any other responsibilities required by the city relating to the construction of buildings.

Certificate of Occupancy. A certificate of occupancy is issued upon the completion of a building and any accompanying improvements required by the city and its ordinances.

“Character” means the aggregate of all features and traits that form the individual nature of a person or thing.

“Church” means a place of worship, synagogue, temple, mosque or other place of religious worship, including any accessory use or structure used for religious observances.

“City” means Eagle Mountain City, Utah.

“City council” means Eagle Mountain’s elected and governing body.

“Clear vision triangle” means a clear line of sight provided at intersections by delineating triangular areas adjacent to all intersections, within which no parking, building, structure, berming, or landscaping over three feet in height above the street shall be permitted. Single-trunk trees may be planted within such areas, but only where the tree will be pruned to eliminate all branches and foliage below eight feet. Driveways are prohibited within the clear vision triangle of local streets unless there is no other feasible placement of a driveway on a lot. Clear vision triangles may not be required if an approved chain link or other non-sight-obscuring fence is used. See Chapter 17.60 EMMC for more information.

“Cluster home” means a detached home that is generally located on a small lot or clustered near other detached homes with common open space between the homes. A cluster homes development will generally include a park, courtyard, or additional improved open space within the development. These are sometimes referred to as patio homes.

“Community recreation center” means a place, structure, area or other facility used to provide social and recreational programs generally open to the public and designed to accommodate and serve some segment of the community.

“Compatible” or “compatibility” means consistent with, harmonious with, similar and complementary to the use and/or function of natural systems and/or existing land uses in an area.

“Concept plan” means a pre-application opportunity for the city administrator and the planning commission to be made aware of an impending development proposal and for the developer to be made aware of possible issues and questions, as well as the applicable requirements of this title. Concept plans are not approved or denied, but are intended to only identify and raise relevant issues related to the proposed development.

Conditional Use. A conditional use allows certain structures in zones which may be acceptable under special conditions and in specific locations within the zoning district. Conditional uses require a special permit that is approved subject to the use meeting standards contained in this title.

“Conditional use permit” means a permit granted by the city that allows a use identified as requiring conditional use approval in the zoning district regulations or elsewhere in this title.

“Condominium” means a single unit in a multi-unit project or structure which is separately owned, which may be combined with an undivided interest in common areas and facilities of the property, and subject to the Utah Condominium Ownership Act.

“Constrained land” means all land with a slope greater than 25 percent or encumbered by floodplains.

“Corner lot” means any lot that is bordered by more than one street where such streets are not parallel.

“Culinary water authority” means the person, department, agency, or public entity with responsibility to review and approve the feasibility of the culinary water system and sources for the subject property.

“Day care center, adult” means a nonmedical facility for the daytime care of adults who, due to advanced age, disability or impairment, require assistance and/or supervision during the day.

“Day care center – child, large” means an establishment providing care and maintenance to 50 or more children separate from their parents or guardians, and as licensed by the Office of Licensing of the Utah State Department of Human Services.

“Day care center – child, small” means an establishment providing care and maintenance to more than 12, but fewer than 50, children separate from their parents or guardians, and as licensed by the Office of Licensing of the Utah State Department of Human Services.

“Day care establishment – family, child” means an establishment providing care and maintenance to four or more, but fewer than 12, children separate from their parents or guardians, and as licensed by the Office of Licensing of the Utah State Department of Human Services to be provided within a single-family residence.

“Degree of nonconformity” means the measured extent to which an existing use or building fails to comply with a requirement of this title. For example, the degree of nonconformity of a parking lot that has four spaces, but serves a commercial use requiring nine, is five parking spaces. No change in the nonconforming use that would reduce the number of parking spaces could be permitted, because that would increase the degree of nonconformity.

“Density” means the gross number of dwelling units per acre. Gross acreage includes the entire development (roads, neighborhood parks and squares, neighborhood commercial centers, etc.). “Density” is not synonymous with “lot size.”

“Development” means any activity or construction, excluding normal agricultural activities, that changes the basic character or use of the land, including the division of land into two or more parcels; the construction, reconstruction, conversion, structural alteration, relocation, or enlargement of any structure; any regulated mining, excavation, landfill, or substantial land disturbance; and any use or extension of the use of land. The following operations or uses shall not be taken to be development for the purposes of this title:

1. Work by a highway or road agency for the maintenance of a road, if the work is carried out on land within the boundaries of the right-of-way;

2. Utility installations;

3. Landscaping for residential uses; and

4. Work involving the maintenance of existing landscaped areas and existing rights-of-way such as setbacks and other planted areas.

“Development agreement” means a form of contract between city and developer that establishes in detail the specific improvements required for some development approvals and which may contain other requirements on which the approval is conditioned. They may also vest certain additional rights with the developer or the city.

“Development density area” means the land area in which bonus density may be implemented through participation in the required project improvements.

“Development density area acreage” means the total (gross) acreage of the development density area and approved project improvements.

“Electronics repair shop” means a use engaged in repair of household electronic items and appliances.

“Engineer, city” means the employee, contractor, individual or firm responsible for all municipal engineering activities including, but not limited to, design of public infrastructure, construction inspection of public infrastructure, long-range capital infrastructure planning, design and construction review services and any other responsibilities required by the city.

Existing. The term “existing” is used to indicate a parcel of land, use, or building that was in existence on the effective date of the ordinance codified in this title.

“Family” is defined as follows:

1. One or more persons related by blood, marriage, adoption or legal guardianship, including foster children, living together as a single housekeeping unit in a dwelling unit; or

2. A group of not more than three persons not related by blood, marriage, adoption, or legal guardianship living together as a single housekeeping unit in a dwelling unit; or

3. Two unrelated persons and their children living together as a single housekeeping unit in a dwelling unit.

The term “family” shall not be construed to mean a club, group home, lodge, fraternity/sorority house or shelter.

“Final plat” means a drawing recordable under the provisions of the Utah Code.

“Floor area ratio” means the total floor area of a building, including all floors, divided by the total lot size.

“Garden court” means a detached housing development consisting of a courtyard or park surrounded on two or three sides by homes. These homes are generally facing/fronting the courtyard, are located on small lots or areas of common open space, and are accessed from a residential alley behind the homes.

“General plan” means the comprehensive, long-range strategic future development plan for the city, which includes elements such as future land uses, transportation, housing, parks and open space.

“Group home, large” means a residential facility established as a single housekeeping unit and shared by eight or more unrelated persons, exclusive of staff, who require assistance and supervision. A large group home is licensed by the state of Utah and provides counseling, therapy and specialized treatment through this temporary living arrangement, along with habilitation or rehabilitation services for physically or mentally disabled persons. See Chapter 17.75 EMMC for regulations concerning group homes.

“Group home, small” means a residential facility established as a single housekeeping unit and shared by no more than eight unrelated persons, exclusive of staff, who require assistance and supervision. A small group home is licensed by the state of Utah and provides counseling, therapy and specialized treatment through this temporary living arrangement, along with habilitation or rehabilitation services for physically or mentally disabled persons. See Chapter 17.75 EMMC for regulations concerning group homes.

“Home business” means a nonresidential or business activity conducted in a dwelling or a building accessory to a dwelling. Home businesses, by definition, comply with the detailed performance standards of the city’s land development code.

“Hotel” or “motel” means a building or group of buildings containing individual sleeping units designed and used primarily for the accommodation of short-term guests, and with automobile parking or storage available. This definition includes restaurant, food service and group meeting facilities.

“Impact” means the direct or indirect effect or consequence resulting from a development upon land, the environment, the community or any part or segment thereof. The term shall include, but not be limited to, physical, environmental, economic, visual, or auditory effects.

“Improved open space” means area that has been improved and landscaped as approved by the city. This area may include trails, parks, and other amenities. In Tiers I and II of the residential zone, improved open space is calculated as a percentage of a project’s buildable land. In Tiers III and IV it is calculated as a percentage of a project’s development density area acreage.

“Interior lot” means any lot that is bordered by only one street.

Land Use Application. See “Application.”

“Land use authority” means a person, board, commission, agency, or other body designated by the city council to act upon an application or land use application.

“Land use ordinance” means a planning, zoning, development, or subdivision ordinance of Eagle Mountain City, but not including the general plan.

“Landscaping” means the improvement of a lot, parcel or tract of land with rock material, grass, ground cover, shrubs and/or trees. Landscaping may include pedestrian walks, flower beds, ornamental objects such as fountains, statuary and other similar natural or artificial objects designed and arranged to produce an aesthetically pleasing effect.

“Lot” means a parcel of land legally approved by the city for building purposes.

“Lot coverage” means the ratio of the portion of the lot covered by buildings, including accessory buildings, sidewalks, driveways, and other impervious surfaces, to the total lot area.

“Lot frontage” means that portion of a lot extending along a public or private street.

“Lot line adjustment” means the adjustment of a property lot line that meets the requirements of this title for the adjustment of lot lines.

“Lot split” means the division of a single lot or parcel of land from an existing lot of record as of the date of the incorporation of Eagle Mountain City for immediate or future offer, sale, lease, or development that is not exempted by the city’s land development code and where both parcels will have access to a public street.

“Major development” means any proposed development process that requires a public hearing and review by the planning commission and city council; these processes generally include, but are not limited to, master development plans, rezoning of property, preliminary and final subdivision plats, site plans, conditional uses, and plat amendments.

“Manufactured home or dwelling” means a single-family dwelling complying with the National Manufactured Home Construction and Safety Standards Act (4 USC 5401), the International Building Code or the International Residential Code. Mobile homes, travel trailers, houses mounted on self-propelled or drawn vehicles, and tents or other forms of temporary housing or portable housing are not included within this definition.

“Manufacturing, heavy” means the assembly, fabrication or processing of goods and materials using processes that ordinarily have greater than average effects on the environment, or that ordinarily have significant effects on the use and enjoyment of adjacent property through noise, dust, smoke, fumes, odors, glare or health or safety hazards or that otherwise do not constitute “light manufacturing.” This term includes processing and fabrication of large or bulky products, products made from raw or extracted materials, or products involving flammable or explosive materials and processes which require land area for fabrication or storage of products. This term shall include refineries and chemical manufacturing.

“Manufacturing, light” means the assembly, fabrication or processing of goods and materials using processes that ordinarily do not create noise, dust, smoke, fumes, odors, glare or health or safety hazards outside of the building or lot where such activities take place, where such uses are housed entirely within a building or where the area occupied by outdoor storage of goods and materials used in such processes does not exceed 25 percent of the floor area of all buildings on the property. Light manufacturing generally includes processing and fabrication of finished products, predominantly from previously prepared materials. This term shall include uses such as electronic equipment production and printing plants.

“Master development plan” means a plan that indicates, among other things, density ceilings, how property will be developed, phasing, utility service, financial feasibility, vehicular and pedestrian circulation, open space, parks and recreation, trails and all other requirements of master development plans found in the city’s land development code.

“Medical and health care offices” means offices or clinics which provide services for the prevention, treatment and care of illness or injury; medical, dental and chiropractic offices; offices devoted to the healing arts such as licensed, accredited massage therapists; licensed physical therapists; and psychotherapists; and which may include a pharmacy, drug store or laboratory intended to serve patients of the medical or dental professions as an accessory use.

“Minor development” means any proposed development process that may be reviewed and approved by the planning director upon compliance with the provisions of this title and EMMC Title 16. A minor development may also be an element of a major development application for which the planning commission or city council has performed a previous review and delegated final approval to the planning director upon compliance with the conditions of approval.

“Mixed-use” means a land use accommodating two or more compatible land uses, typically residential and commercial uses.

Motel. See “Hotel.”

“Multifamily dwelling” means all attached housing products and types, including condominiums, apartments, townhomes, and twinhomes. All multifamily dwellings shall be considered Tier III or Tier IV residential. Multifamily dwellings may include dwelling units intended to be rented and maintained under central ownership or management, or cooperative apartments, condominiums and the like. Any multifamily dwelling in which dwelling units are available for rental or lease for periods of less than one month shall be considered a hotel/motel. See also “Family.”

“Museum” means an institution for the acquisition, preservation, study and exhibition of works of artistic, historical or scientific value and for which any sales relating to such exhibits are incidental and accessory to the exhibits presented.

“Nonconforming lot” means a separate parcel of land that existed on the effective date of the ordinance codified in this title but is too small to serve as a site for building in compliance with the requirements of this title.

“Nonconforming structure” means a structure that: (1) legally existed before its current land use designation; and (2) because of one or more subsequent land use ordinance changes does not conform to setback, height, restrictions, or other regulations, excluding those regulations that govern the use of land.

“Nonconforming use” means a use of land that: (1) legally existed before its current land use designation; (2) has been maintained continuously since the time the land use ordinance regulation governing the land changed; and (3) because of one or more subsequent land use ordinance changes does not conform to the regulations that now govern the use of the land.

“Off-street parking” means parking provided on public or private property, excluding public rights-of-way.

“Office use” means a type of business use, which may or may not offer services to the public, that is engaged in the processing, manipulation or application of business information or professional expertise. An office use is not materially involved in fabrication, assembly or warehousing of physical products for the retail or wholesale market, nor is an office engaged in the repair of products or retail services. Examples include accounting, investment services, architecture, engineering, legal services and real estate services.

“Open space” means an area which is completely free and unobstructed from any structure or parking areas. Landscaping, walkways, covered patio areas, light poles and other ornamental features shall not be considered as obstructions for the purposes of this definition.

“Park, community” means one that is typically intended to serve a specific segment of the community, and is generally medium-sized. Park improvements are generally intended to provide a full range of passive and active recreational events. However, extensive lighting or parking will not be utilized in these parks.

“Park, neighborhood” is a smaller park that provides for the immediate family and neighborhood recreational needs of a residential area.

“Park, regional” is a park with a large area, or it can be constructed in the form of a community recreation facility. It is intended to serve large segments of the population.

“Patio home” means a detached home that is generally located on a small lot or clustered near other detached homes with common open space between the homes. Patio homes may also be attached to one or more other patio homes, each with a small private patio or yard area. A patio home development will generally include a park, courtyard, or additional improved open space within the development. These are sometimes referred to as cluster homes.

“Permitted use” means a use which is authorized by definition in the zone.

“Phasing plan” means a plan that identifies the order and timing of the construction or completion of a development, subdivision, master development plan, site plan or other project.

“Planning director” means the employee, contractor, individual or firm responsible for coordination of all municipal planning activities including, but not limited to, long-range land use planning, ordinance preparation, administration and enforcement of the land development code, land use interpretation, major development review, coordination with the city planning commission and any other responsibilities required by the city relating to planning and development.

“Plat amendment” means any change in the lot arrangement or routing of rights-of-way or easements within a recorded plat.

“Preliminary plat” means a map indicating the proposed layout of a development and related information that is submitted for preliminary plat approval.

“Private and public schools” means accredited schools for residential and nonresidential classroom instruction with state-approved curriculum.

“Public hearing” means a hearing at which members of the public are provided a reasonable opportunity to comment on the subject of the hearing.

“Public meeting” means a meeting that is required to be open to the public under Title 52, Chapter 4, Utah Code Annotated 1953, Open and Public Meetings.

“Religious or cultural meeting hall” means a building or buildings owned or maintained by organized religious organizations and nonprofit associations for social, civil or philanthropic purposes, or as a place of worship. Uses also include public nonprofit displays of art, historic or cultural artifacts or other inanimate exhibits, a building used as a lending library or reading room, seminaries (associated with schools), monasteries and convents. This definition shall not include tents or temporary structures.

“Residential, base density” means the residential zone category that consists of projects with gross densities less than or equal to 0.8 dwelling units per acre. All residential projects are allowed to develop at this density.

“Residential, Tier I” means the residential zone category that consists of projects with densities between 0.81 and 1.6 dwelling units per acre.

“Residential, Tier II” means the residential zone category that consists of projects with densities between 1.61 and 5.2 dwelling units per acre.

“Residential, Tier III” means the residential zone category that consists of projects with densities between 5.21 and 12.2 dwelling units per acre. Tier III residential is a conditional use in the residential zone and must be processed as part of a master development plan.

“Residential, Tier IV” means the residential zone category that consists of projects with densities between 12.21 and 22.7 dwelling units per acre. Tier IV residential is a conditional use in the residential zone and must be processed as part of a master development plan.

“Restaurant” means a building, property, or location where the primary purpose is to serve as an eating establishment with facilities in which food is prepared for either on- or off-site consumption. This definition also includes specialty food stores, such as ice cream parlors or delicatessens.

“Retail goods establishment” means a building, property, or activity, the principal use or purpose of which is the sale of physical goods, products, or merchandise directly to the consumer.

“Retail services establishment” means a building, property, or activity where the principal use or purpose is the provision of personal services directly to the consumer. This term shall include barber shops, beauty parlors, laundry and dry cleaning establishments (with off-plant premises), tailoring shops, shoe repair shops, and the like.

“Sanitary sewer authority” means the person, department, agency, or public entity with responsibility to review and approve the feasibility of sanitary sewer service or on-site wastewater systems.

“Setback” means the minimum required distance between the property line and the building, excluding porches, window wells, verandas, uncovered decks, and other similar structures. Currently recorded or approved subdivisions at the time of enactment of the ordinance codified in this title by the City Council shall continue to be subject to side setback requirements of the development code of Eagle Mountain City adopted on September 28, 1999.

1. For interior lots:

a. Front. The front setback is the distance, at the nearest point, from the street right-of-way to the outer foundation wall of the principal building, or to any projection that extends more than two feet beyond the outer foundation wall, including basement stairwells.

b. Rear. The rear setback is the distance, at the nearest point, from the alley right-of-way or the property line that is parallel, or more or less parallel, to the street, to the outer foundation wall of the principal building, or to any projection that extends more than two feet beyond the outer foundation wall, including basement stairwells.

c. Side. The side setback is the distance, at the nearest point, from a property line that is perpendicular, or more or less perpendicular, to the street, to the outer foundation wall of the principal building, or to any projection that extends more than two feet beyond the outer foundation wall, including basement stairwells.

2. For corner lots:

a. Front. The front setback is the distance, at the nearest point, from the street right-of-way on which the principal building has its address to the outer foundation wall of the principal building, or to any projection that extends more than two feet beyond the outer foundation wall, including basement stairwells.

b. Rear. The rear setback is the distance, at the nearest point, from the property line opposite the street on which the principal building has its address to the outer foundation wall of the principal building, or to any projection that extends more than two feet beyond the outer foundation wall, including basement stairwells.

c. Side. The side setback is the distance, at the nearest point, from a property line that is perpendicular, or more or less perpendicular, to the street on which the building has its address, or to any projection that extends more than two feet beyond the outer foundation wall, including basement stairwells.

“Shopping center” means a concentration of related commercial establishments with one or more major anchor tenants, shared parking, and unified architectural and site design. A shopping center normally has single or coordinated ownerships/operations/management control and may include separate stand-alone sites as well as architecturally connected units.

“Sign” means any object or structure used to identify, advertise, or in any way attract or direct attention to any use, building, person, or product by any means, including, but not limited to, the use of lettering, words, pictures, and other graphic depictions or symbols.

“Single-family detached dwelling” means any detached single-family residence that averages 20 or more feet in width as measured across the front of the foundation, is attached to a permanent foundation, is permanently connected to the municipal utilities (where available), and is clearly designed for occupancy by one family related by blood or marriage. This specifically includes manufactured homes that meet the foregoing definition and comply with the National Manufactured Home Construction and Safety Standards Act (40 USC 1504) and the International Building Code or the International Residential Code. Manufactured homes that do not comply with the standards set forth above, such as recreational vehicles and travel trailers, are multifamily dwellings. See also “Family.”

“Site plan review” means an approval process for commercial, industrial, institutional and multifamily dwelling development plans, proposed on property that has been previously zoned for that purpose. Locations of improvements, buildings, parking areas, landscaping, access points, open space, trails, signage, lighting or other site considerations and requirements are part of a site plan review process.

Slope. Slope shall be determined before any site clearing, excavation, or grading, and expressed as a percentage (rise/run x 100). Measurement shall be made perpendicular to the contours of the land, between natural (changes in slope as landforms change) or manmade (road cuts and similar breakpoints) breakpoints.

“Special district” means an entity established under the authority of Title 17A, Utah Code Annotated 1953, Special District, and any other governmental or quasi-governmental entity that is not a county, municipality, school district, or unit of the state.

“Story” means that portion of a building included between the upper surface of any floor and the upper surface of the next floor above, except that the topmost story shall be that portion of a building included between the upper surface of the topmost floor and the ceiling or roof above.

“Subdivision” means any land that is divided, resubdivided or proposed to be divided into two or more lots, parcels, sites, units, plots, or other division of land for the purpose, whether immediate or future, for offer, sale, lease, or development either on the installment plan or upon any and all other plans, terms and conditions for the purposes of sale or development. The following are not considered subdivisions where no new streets or public infrastructure is created or is required to be created: (1) divisions of land for agricultural purposes where the resulting parcels are in excess of 160 acres in size; (2) divisions of property by testamentary provisions; (3) divisions of property by court order; (4) consolidation of existing properties by deed or other recorded instrument; (5) a legally approved lot split as defined in this title.

“Temporary use” means a land use that is less than 30 days in duration and is most commonly related to specific events such as Pony Express Days, festivals, special sales or other activities.

“Theater, concert hall” means a building used principally to present live performances of plays, operas, concerts and the like to the public.

“Theater, movie” means a building used principally to present showings of cinematic films to the public.

“Unbuildable land” means land with slopes in excess of 25 percent, land restricted by power lines, canyons and washes, streams, alluvial discharge areas, storm drain retention/detention areas, floodplains and floodways, geologically sensitive areas that require special engineering considerations for safe habitation, and wetlands. For the purpose of determining what land may qualify as improved open space only, unbuildable land is any land with slopes in excess of 15 percent.

“Uplighting” means where a landscape feature, sign, building, or architectural feature is illuminated by a luminary that is directed upward at an angle of more than 50 degrees.

“Use” means the activities occurring on a lot or parcel for which land or a building is arranged, designed or intended, for which land or a building is or may be occupied, including all accessory uses.

“Utilities” includes culinary water lines and systems, pressure and gravity irrigation lines and/or ditches, sanitary sewer lines, storm drain lines, subdrains, electric power, natural gas facilities, cable television, telephone transmission lines, data transmission lines, underground conduits and junction boxes.

Variance. Variances provide relief for landowners who, because of some unique physical characteristic of their property, would have no beneficial use of that property if the provisions of this title are strictly enforced. A variance is a deviation from the basic land use requirements that apply to the property and its structures.

“Warehouse” means a structure, or part thereof, or area used primarily for the storage of goods, inventory and merchandise. [Ord. O-05-2011 § 2 (Exh. A); Ord. O-12-2009 § 2 (Exh. A); Ord. O-10-2007 § 2 (Exh. A § 2.3); Ord. O-23-2005 § 3 (Exh. 1(1) § 2.3)].