Chapter 18.10
DEFINITIONS

Sections:

18.10.005    Definitions.

18.10.010    A definitions.

18.10.020    B definitions.

18.10.030    C definitions.

18.10.040    D definitions.

18.10.050    E definitions.

18.10.060    F definitions.

18.10.070    G definitions.

18.10.080    H definitions.

18.10.090    I definitions.

18.10.100    J definitions.

18.10.110    K definitions.

18.10.120    L definitions.

18.10.130    M definitions.

18.10.140    N definitions.

18.10.150    O definitions.

18.10.160    P definitions.

18.10.170    Q definitions.

18.10.180    R definitions.

18.10.190    S definitions.

18.10.200    T definitions.

18.10.210    U definitions.

18.10.220    V definitions.

18.10.230    W definitions.

18.10.240    X definitions.

18.10.250    Y definitions.

18.10.260    Z definitions.

18.10.005 Definitions.

For the purpose of this code, certain numbers, abbreviations, terms, and words shall be used, interpreted, and defined as set forth herein. Words not defined herein shall have a meaning consistent with Webster’s New Collegiate Dictionary, latest edition. Unless the context clearly indicates to the contrary, words used in the present tense include the future tense; words used in the plural number include the singular; the word “herein” means “in these regulations”; the word “regulations” means “these regulations”; “used” or “occupied” as applied to any land or building shall be construed to include the words “intended, arranged, or designed to be used or occupied.” [Ord. 2010-5. Code 1988 § 11-2].

18.10.010 A definitions.

“Accessory building, occupied” means a building on the same lot as the principal building and that is:

1. Clearly incidental to, and customarily found in connection with, such principal building;

2. Operated and maintained for the benefit of the principal use; and

3. A dwelling unit or home office.

“Accessory building, unoccupied” means a building on the same lot as the principal building and that is:

1. Clearly incidental to, and customarily found in connection with, such principal building;

2. Operated and maintained for the benefit of the principal use; and

3. Not a dwelling unit.

“Accessory buildings, large” means an accessory building larger than 600 square feet that is located on the same lot as a residence.

“Accessory living quarters” means accessory dwelling incidental to a church or airport.

“Accessory use or building” means a subordinate use or building customarily incidental to and located upon the same lot occupied by the main use or building.

“Adult oriented business” means any or all of the following or any portions of the following: adult book store, adult video store, adult novelty store, adult motion picture theater, adult theater.

“Affected entity” means a county, municipality, independent special district under Title 17A, Chapter 2, Utah Code Annotated 1953, Independent Special Districts, local district under Title 17B, Chapter 2, Utah Code Annotated 1953, Local Districts, school district, interlocal cooperation entity established under Title 11, Chapter 13, Utah Code Annotated 1953, Interlocal Cooperation Act, specified public utility, 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 has filed with the municipality a request for notice during the same calendar year.

“Agriculture” means the tilling of soil, raising of crops, horticulture, gardening and other similar uses.

“Agricultural industry or business” means an industry or business involving agricultural products in manufacturing, packaging, treatment, sales, or storage, including but not limited to food packaging or processing plants. This definition does not include hog farms, commercial poultry businesses or rendering facility.

“Alley” means a public thoroughfare that is a secondary access to properties, generally located in the rear or side of two or more adjoining parcels of property.

“Alterations, structural” means any change in the supporting members of a building such as bearing walls, columns, beams, or girders.

“Animal hospital” or “veterinary offices” means an establishment where animals are medically treated, lodged or trained by a licensed veterinarian.

“Antenna” means a transmitting or receiving device used in telecommunications that radiates or captures radio, television, or similar communication signals.

“Antenna, free-standing” means an antenna mounted on the roof of or within a stand-alone support structure including but not limited to a wooden pole, steel pole, lattice tower, utility pole, lift tower, light standard, flagpole or other vertical support.

“Antenna, roof mounted” means an antenna or series of individual antennas mounted on the roof of a building.

“Antenna, temporary” means an antenna used for a time period of less than 30 days.

“Antenna, wall mounted” means an antenna or series of individual antennas mounted fully against the exterior face of a building including on the face of a chimney. A wall or face of a building is defined as the entire area of all exposed vertical surfaces of a building that are above ground and facing approximately the same direction.

“Antenna, whip” means an antenna that is cylindrical in shape. Whip antennas can be directional or omnidirectional and vary in size depending upon the frequency and gain for which they are designed.

“Apartment hotel” means any building that contains dwelling units and also satisfies the definition of a hotel, as defined in this chapter.

“Apartment house” means a building that contains four or more dwelling units primarily for rent or lease or a building that contains an apartment or apartments and also contains other approved uses such as office or retail space.

“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 a variance.

“Applicant” means the owner of the property that is the subject of the application, or the owner’s agent.

“Application” means a written request for development approval including, but not limited to, an alteration or revision to an approved site development plan, conditional use permit, zoning or rezoning, subdivision, or annexation. The term “application” shall not include any building permits associated with construction within an approved subdivision or on an existing platted lot unless otherwise specified.

“Assembly facility” means a facility where parts are put together to develop a final product. Generally referring to automobile, computer and electronic assembly.

“Assisted living center” means residences that provide for semi-independent living. Such facilities may be:

1. Equipped with studio or one-bedroom apartments with limited kitchen facilities, generally designed for single occupancy;

2. Contain central dining facilities where prepared meals are served to the residents;

3. Employ full time nursing or medical assistance and supervision; and

4. May provide other additional services to residents.

“Athletic, tennis, or racquet club” means an establishment providing facilities for physical development, exercise, sports, or recreation. Facilities may include exercise equipment, indoor and/or outdoor racquetball or tennis courts, jogging track, swimming pools, ice skating rink, indoor bathing, restaurant or snack bar, and sales of athletic equipment. Facilities may be open to the public for a fee, or available only to persons holding membership.

“Auto, truck, recreational vehicle, and equipment sales and rental” means sales of both new and used motor vehicles and equipment stored and displayed both indoors and on outside lots, but not to include nonserviceable or junk vehicles or equipment.

“Auto wrecking, salvage yard” means the use of any lot, portion of lot, or tract of land for the storage and keeping of salvage, including scrap metals or other scrap material, unlicensed/inoperable vehicles or for the dismantling or demolition of obsolete automobiles or equipment, machinery, or parts thereof. This definition shall not be deemed to include such uses which are clearly accessory and incidental to any agricultural use permitted in the zone district. This definition includes impound lots.

“Automotive repair establishment” means an establishment primarily engaged in the repair or maintenance of motor vehicles, trailers, and similar large mechanical equipment. Establishments involving auto body repair and painting services will require a conditional use permit. Not included are automotive salvage yards.

“Automotive self-service station” means an establishment for the retail sale of automobile fuels and lubricants, at which the customer provides the service to his own vehicle, and at which no vehicle repair or maintenance service is offered. Such an establishment may offer for sale at retail other convenience items as a clearly secondary activity.

“Automotive service station” means an establishment whose primary purpose is the retail sale of gasoline or other motor vehicle and related fuel, oil, or lubricant. Secondary activities may include minor automotive repair, maintenance, or automatic car wash. [Ord. 2010-5. Code 1988 § 11-2].

18.10.020 B definitions.

“Balcony” means a platform that projects from the wall of a building and is enclosed by a railing, parapet or balustrade.

“Banking or financial service” means a bank, credit union, savings and loan association, or other establishment with a primary purpose of receiving, lending, exchanging, or safeguarding money, or performing financial advisory service. This definition shall include outside drive-up facilities for service to customers in automobiles.

“Bar,” “tavern,” “lounge,” and “club” mean an establishment intended primarily for the on-premises sale and consumption of alcoholic beverages, open either to the public or operated as a nonprofit private club for members only.

“Basement” means a story whose floor is more than 12 inches below the average level of the adjoining ground.

“Bed and breakfast” is a house or small hotel in which someone can rent a room to sleep in for a price that includes a meal(s) for a period of less than 30 days consecutively.

“Bond, public improvement” means a one year guarantee to the city that all public improvements have been installed to city specifications and will operate properly.

“Building” means any structure, whether temporary or permanent, having a roof, and used or built for the shelter or enclosure of persons, animals, possessions, or property of any kind.

“Building area” means the portion of a lot that is within the envelope formed by the required yards or setbacks, within which a structure can be located.

Building Height. Height is measured from the finished grade to the square of the building. Uneven heights in ground or building shall use the average elevation thereof. Roofs, chimneys, flagpoles, television antennas, church towers, and similar structures not used for human occupancy shall be excluded in determining height.

“Building inspector” means Helper City official or representative who is designated to inspect a building under construction and upon completion.

“Building, main” means a building within which the principal land use of the lot is conducted.

“Business” means any activity carried on for the purpose of gain or economic profit. The acts of employees rendering service to employers are not included in the term “business” unless otherwise specifically prescribed. “Business” includes, but is not limited to, the sale or rental of tangible personal or real property, the manufacturing of goods or property and the rendering of personal services for others for consideration by persons engaged in any profession, trade, craft, occupation, nonprofit organization or other calling. [Ord. 2017-9 § 1; Ord. 2010-5. Code 1988 § 11-2].

18.10.030 C definitions.

“Canopy” means a roof or awning constructed of fabric or other material and extending outward from a building to provide a protective shield for doors, windows, or other openings with supports extended to the ground directly under the canopy or cantilevered from the building.

“Carport” means a private garage not completely enclosed by walls or doors.

“Cemetery,” “columbarium,” “crematory,” and “mausoleum” mean land or buildings used for the cremation, burial, or interment of the human dead but not including facilities for embalming.

“Check cashing/title loan establishment” means any manner of lending institutions or check cashing establishments which offers to cash current or post dated checks, give personal or title loans, or accepts commodities such as gold and silver for compensation. This definition shall not include banks, credit unions, savings and loan establishments or other establishment with a primary purpose of receiving, lending, exchanging, or safeguarding money, or performing financial advisory services.

“Chief executive officer” means the mayor of Helper City.

“Child care facility” means the provision of child care for business for nine or more children including the provider’s children who are under the age of 18.

“Child placing” means receiving, accepting, or providing custody or care for any child under 18 years of age, temporarily or permanently, for the purpose of:

1. Finding a person to adopt the child;

2. Placing the child temporarily or permanently in a home for adoption; or

3. Foster home placement.

“Church” means a building set apart primarily for the purpose of worship in which religious services are held and with which clergy is associated, the main body of which is kept for that use and not put to any other use inconsistent with its primary purpose, and which is tax exempt under the laws of the state of Utah.

“Cinema, indoor” means an enclosed building used primarily for the presentation of motion pictures.

“Cinema, outdoor” means an establishment at which motion pictures are projected onto an outdoor screen for viewing by patrons seated in parked motor vehicles.

“Civic club, fraternal organization” means a building or use, other than a church or school, operated by a nonprofit association or organization for a social, fraternal, political, civic, or philanthropic purpose, which may include a meeting hall and cooking and dining facilities for large groups but shall not provide overnight lodging.

“Club, private” means any nonprofit corporation, or organization, operating as a social club, recreational, fraternal, athletic or kindred association organized primarily for the benefit of its stockholders or members and serving alcoholic beverages and/or food.

“Co-location” means the location of a telecommunication facility on an existing structure, tower, or building in a manner that precludes the need for that telecommunications facility to be located on a free-standing structure of its own.

“Coal yard” means the storage of coal in quantities in excess of 10 tons and/or the retail or wholesale sale of coal.

“Complete application” means a submission, which includes all information requested on the appropriate form, and full payment of all applicable fees.

“Conditional use” means a land use 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 of a zone district, or may be compatible only if certain conditions are required that mitigate or eliminate the detrimental impacts.

“Condominium” means any structure or parcel that has been submitted to fractionalize ownership under the provisions of the Utah Condominium Ownership Act.

“Congregate living facility” means a residence in which three or more persons unrelated to the owner or provider reside, including but not limited to youth homes, residential facilities for the disabled, and residential facilities for the elderly.

“Conservation easement” means an easement designed to restore, enhance, protect, and sustain the quality and quantity of ecosystems and natural resources.

“Constitutional taking” means final action by the city to physically take or exact private real property that requires compensation to the owner because of the mandates of the Fifth or Fourteenth Amendments to the Constitution of the United States, or Article I, Section 22, of the Utah Constitution.

“Convenience goods sales and services” means stores or shops intended for retail sales of convenience goods or performance of convenience services. Goods and services regarded as convenience are those generally needed for daily home consumption and for which locations near residential neighborhoods are considered desirable. This category includes grocery store, drug store, variety store, personal service, hardware store, and dry cleaning pick-up.

“Council” means members of the city council of Helper.

“County” means the unincorporated area of Carbon County.

“Coverage” means the percent of the total site area covered by structures or impervious paving other than those accepted in this title.

“Cul-de-sac” means a minor street having an open end and being terminated at the other end by a vehicle turnaround.

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

“Cultural, civic services” means a building primarily used for the public, nonprofit display of art, historic or cultural artifacts, or other inanimate exhibits or a building primarily used as a lending library or reading room. [Ord. 2012-4; Ord. 2010-5. Code 1988 § 11-2].

18.10.040 D definitions.

“Dairy” means a commercial establishment housing animals for the processing and/or retail sale of dairy products.

“Development” means the act, process or result of erecting, placing, constructing, remodeling, converting, altering, relocating, or demolishing any structure or improvement to property including grading, clearing, grubbing, mining, excavating or filling of such property. This definition includes construction activity.

“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 Substances Act, 21 U.S.C. 802.

“Disabled care” means a long-term care residential facility for disabled persons, persons suffering from 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.

“District” means a portion of the area of Helper City, Utah, shown on a zoning map (attached to the ordinance codified in this title) and given a zone classification as set forth in this title.

“Dry-cleaning establishment” means an establishment employing volatile or explosive substances for the cleaning or dyeing of fabrics. Excluded from this definition are traditional laundries employing water and soaps in the cleaning of fabrics and patron-operated dry-cleaning machines associated with laundromats.

“Dwelling” means any building, or portion thereof, which is designed for use for residential purposes, except hotels, boarding houses, lodging houses, and tourist cabins.

“Dwelling, multiple-family” means a building arranged or designed to be occupied by three or more families.

“Dwelling, single-family” means a building arranged or designed to be occupied by one family, the structure having only one dwelling unit.

“Dwelling, two-family” means a building arranged or designed to be occupied by two families, the structure having only two dwelling units. [Ord. 2010-5. Code 1988 § 11-2].

18.10.050 E definitions.

“Easement” means a negotiated interest in the land of another which allows the easement holder specified uses or rights without actual ownership of the land.

“Elderly care” means a long-term care residential facility for the elderly. The term does not include a health care facility.

“Elderly person” means a person who is 60 years old or older, and who desires or needs to live with other elderly persons in a group setting, who may or may not be capable of living independently.

Emergency Vehicle Access. See International Fire Code for proper vehicular access of land uses.

“Equipment shelter” means a structure used to house equipment for telecommunications or other public facilities.

“Escrow” means a deposit of cash with the city or an approved, alternate security in lieu of cash held to ensure a guarantee. [Ord. 2010-5. Code 1988 § 11-2].

18.10.060 F definitions.

“Farm animals” means animals other than household pets that may, where permitted, be kept and maintained for education, family food production, or recreation.

“Fence” means a physical barrier to delineate, contain, or designate an area designed for a specific use, such as an enclosure for a dwelling unit, an area of storage, etc.

“Fence, electric” means a fence wired with low voltage (12 volt max) electricity.

“Fence, razor” means a fence with razor coil, cable or tooth wire along certain portions.

“Fence, wildlife” means open fencing allowed at a height six feet or higher when a need is shown to protect animals from entering or leaving an area.

“Final action” means the latter of the final vote or the approved, written decision on a matter.

“Final plat” means a recordable subdivision or condominium map.

“Fireworks sales/stands” means the temporary display and sale of legally allowed fireworks. This use requires a business license and a temporary permit issued from the Helper City fire chief or his/her designee after the business has had a satisfactory fire inspection.

“Floor area, gross” means the area of a building, including all enclosed areas designed for human occupation. Gross floor area does not include unenclosed porches, balconies, patios and decks, vent shafts, courtyards or garages.

“Floor area, net leasable” means gross floor area excluding common hallways, mechanical and storage areas, and restrooms.

“Floor area ratio (FAR)” means the maximum allowed gross floor area divided by the area of the lot or parcel.

“Frontage” means the length of the property line of the lot fronting on one side of a street. [Ord. 2010-5. Code 1988 § 11-2].

18.10.070 G definitions.

“Garage, commercial” means a building other than a private garage used for the temporary parking of automobiles with or without a fee.

“Garage, private” (including carport) means a detached accessory building or portion of a main building for the parking or temporary storage of automobiles of the occupants of the premises.

“Gated community” means a subdivision or residential area where primary access is regulated through a gated entry point.

“General merchandise sales and related services” means stores, department stores, or shops intended for sale of goods or merchandise, but not including convenience goods, liquor, motor vehicles, campers, trailers, lumber or adult oriented businesses.

“General plan” means a document that a municipality adopts that sets forth general guidelines for proposed future development of the land within the municipality, as set forth in Sections 10-9-301 and 10-9-302, Utah Code Annotated 1953.

“Governing body” means the city council of Helper City.

“Grade” means, for buildings having no wall adjoining the streets, the average level of the ground (finished surface) adjacent to the exterior walls of the buildings.

“Group home” means a profit or nonprofit boarding home for the sheltered care of persons with special needs, which, in addition to providing food and shelter, may also provide some combination of personal care, social, or counseling services, and transportation. Group home includes congregate facilities for all persons. [Ord. 2010-5. Code 1988 § 11-2].

18.10.080 H definitions.

“Handicapped person” means a person who:

1. Has a severe, chronic disability that is attributable to mental or physical impairments, that is likely to continue indefinitely, and that results in a substantial functional limitation in three or more of the following areas of major life activity:

a. Capacity for independent living;

b. Economic self-sufficiency;

c. Learning;

d. Mobility;

e. Receptive and expressive language;

f. Self-care;

g. Self-direction; and

2. Requires special interdisciplinary or generic care, treatment, or other services that are individually planned and coordinated to allow the person to function in, and contribute to, a residential neighborhood.

“Health care center (convalescent center)” means a publicly or privately operated facility, other than a hospital, intended for the long-term, in-patient care of human illness or infirmity, including the elderly and developmentally disabled, normally employing the services of skilled and licensed practitioners.

“Health Department” means the Utah State Division of Environmental Health or local health agency having jurisdiction.

“Heavy/farm equipment sales” means vehicles or equipment in excess of one ton used in farming, construction, or other related services.

“Home child care center” means the provision of child care for business for eight or fewer children, including the provider’s children who are under the age of 18, within a dwelling unit.

“Home occupation” means an occupation carried on by the occupant of a dwelling as a secondary use in connection with which there is no display other than that provided in the Helper Municipal Code with relation to signs, no stock in trade, no person employed other than members of the family residing on the premises, and no power tools used requiring a motor in excess of one horsepower.

“Hospital” means an institution designed for the diagnosis, treatment, and care of human illness or infirmity and providing health services, primarily for in-patients, and including as related facilities, laboratories, out-patient departments, training facilities, and staff offices, hut not including clinics or health care centers.

“Hotel” means a building designed or occupied as the more or less temporary abiding place of 15 or more individuals who are, for compensation, lodged, with or without meals.

“Household pets” means animals or birds ordinarily permitted in the house and kept for company or pleasure, such as dogs, cats, canaries or other animals that are customarily confined in cages, but not including a sufficient number of dogs to constitute a kennel, as defined in this chapter. [Ord. 2010-5. Code 1988 § 11-2].

18.10.090 I definitions.

Impound Lots. See “junk yard.”

“Inaction” means an application is inactive and subject to denial on the basis of inactivity if, through the act or omission solely of the applicant and not of the city:

1. More than six months has passed since a request for additional information was made by the city without a response from the applicant;

2. Upon notice the applicant is more than 60 days in default of the payment of any fee assessed by resolution, or has not paid the fee under protest;

3. The applicant has stated an intent to abandon the project; and

4. The application appears to have been filed in bad faith for the purpose of attempting to vest rights prior to a zoning change, without actual intent to construct the project applied for.

“Industrial (or research) park” means a tract of land that is subdivided and developed according to a plan for the use of a community of industries and related uses and that is of sufficient size and physical improvement to protect surrounding areas and the general community and to assure a harmonious integration into the neighborhood.

“Intermittent use” means a temporary business of selling and delivering goods, wares and merchandise within the city of Helper.

“Itinerant merchant” means any person, firm or corporation, whether as owner, agent, consignee or employee, whether or not a resident of the municipality, who engages in a temporary business of selling and delivering goods, wares and merchandise within the municipality, and who, in furtherance of such purpose, hires, leases, uses or occupies any building, structure, motor vehicle, tent, railroad boxcar, public room in any hotel, motel, lodging house, apartment, shop or any street, alley, or other place within the municipality, for the exhibition and sale of such goods, wares and merchandise, either privately or at public auction. This also includes a person, firm or corporation associating temporarily with a local dealer, trader, merchant or auctioneer, or by conducting such transient business in connection with, as part of, or in the name of any local dealer, trader, merchant or auctioneer. [Ord. 2010-5. Code 1988 § 11-2].

18.10.100 J definitions.

“Junk yard” means the use of any lot, portion of a lot, or tract of land for the storage, keeping, or abandonment of junk, including scrap metals or other scrap materials, or for the dismantling, demolition, or abandonment of automobiles, other vehicles, or machinery or parts thereof; provided, that this definition shall not be deemed to include such uses which are clearly accessory and incidental in the district. [Ord. 2010-5. Code 1988 § 11-2].

18.10.110 K definitions.

“Kennel, commercial” means a shelter for or a place where more than three dogs or cats are bred, boarded, or trained for monetary gain.

“Kennel, private” means a shelter for or a place where more than three and no more than five dogs and cats are bred, boarded, or trained for no monetary gain. The planning commission may approve additional animals in excess of five when reasonable conditions are met. See Chapter 18.90 HMC, Conditional Uses. [Ord. 2010-5. Code 1988 § 11-2].

18.10.120 L definitions.

“Land use application” means an application required by a municipality’s land use ordinance.

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

“Land use ordinance” means a planning, zoning, development, or subdivision ordinance of the municipality, but does not include the general plan.

“Lattice tower” means a self-supporting multiple-sided, open steel frame structure used to support telecommunications antenna equipment.

“Laundromat” means an establishment in which patrons wash, dry, or dry-clean clothing and other fabrics in coin-operated, self-service machines.

“Laundry” means an establishment at which clothing and other fabrics are washed and pressed. Excluded from this definition are dry-cleaning establishments and laundromats.

“Leasable, gross” means total area including hallways, mechanical equipment room and common bathrooms.

“Leasable, net” means total area excluding hallways, mechanical equipment room and common bathrooms.

“Legislative body” means the Helper City council.

“Liquor store” means a retail sales store authorized by the Utah State Liquor Commission to sell packaged alcoholic beverages for off-premises consumption.

“Livestock” includes, but is not limited to, horses, bovine animals, llamas, alpacas, emus, ostriches, turkeys, geese, ducks, chickens, rabbits, sheep, goats, swine, reindeer, donkeys, mules and any other hoofed animals.

“Local jurisdiction” means Helper City.

“Lot” means a parcel of land occupied or to be occupied by a main building or group of buildings (main and accessory), together with such yards, open spaces, lot width, and lot area as are required by this title and having frontage upon a street. More than one dwelling structure may be built on a lot only in cases where the lot is of such size as to provide such required lot area, yards, and frontage for each dwelling structure as are required for the first dwelling structure on the lot.

“Lot, corner” means a lot situated at the intersection of two streets, where the interior angle of such intersection does not exceed 135 degrees.

“Lot depth” means the longest distance measured between the front and rear lot lines.

“Lot line” means property lines bounding the lot.

“Lot line, front” means the property line dividing a lot or parcel from the right-of-way of the street from which structure takes access.

“Lot line, rear” means the property line opposite the front lot line.

“Lot line, side” means any lot or property line other than a front or rear lot line.

“Lot width” means the minimum distance between the side lot lines at the front yard or front building facade. For three-sided lots, the minimum distance between the rear and side lot lines at the front yard or front building facade.

“Low-power radio services facility” means 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.

“Lumber sales and storage” means the sale and display of lumber and building supplies, including the outside storage of lumber and related merchandise. [Ord. 2012-4; Ord. 2010-5. Code 1988 § 11-2].

18.10.130 M definitions.

“Manufactured home” means a multi-sectional mobile home not exceeding two stories in height that is designed to be installed on a permanent foundation system and was manufactured after June 15, 1976. A permanent dwelling structure built of prefabricated units which are assembled and erected on the site, and which meets the IBC standards. For the purposes of this title, a manufactured home on a permanent foundation shall be the same as a single-family dwelling. See “dwelling, single-family.”

“Manufacturing, heavy” means the manufacturing, compounding, processing, assembling, packaging, or testing of goods or equipment within an enclosed structure, or an open yard that is capable of being screened from neighboring properties, is serviced by trucks or other vehicles, and whose environmental impact is within the industrial performance standards as outlined in this title.

“Manufacturing, light” means the manufacturing, compounding, processing, assembling, packaging, or testing of goods or equipment entirely within an enclosed structure, with no outside storage, serviced by small (one ton) trucks or vans, and imposing a nearly negligible impact upon the surrounding environment by noise, vibration, smoke, dust, or pollutants.

Massage Therapy Services. See “office, professional.”

Medical Clinic. See “office, professional.”

“Mental health center” means a publicly or privately operated facility, intended for the diagnosis and treatment of mental or emotional disorders.

“Military surplus goods store” means new or used military equipment, vehicles, or supplies, which are available for resale to the general public.

“Mixed use, commercial” means development which incorporates a mix of uses, including retail commercial, and/or offices and residential.

“Mixed use, horizontal” means commercial and residential uses which are within close proximity to each other and designed in a “village” manner, but not necessarily within the same building structures.

“Mixed use, vertical” means commercial and residential uses which are within the same building structure.

“Mobile home” means a detached single-family dwelling unit of not less than 30 feet in length, designed for long-term occupancy and to be transported on its own wheels or on a flatbed or other trailers or detachable wheels; containing a flush toilet, sleeping accommodations, a tub or shower bath, kitchen facilities, and plumbing and electrical connections provided for attachment to appropriate external systems, and ready for occupancy except for connections to utilities and other work. Presectionalized, modular, or prefabricated houses not placed on permanent foundations shall be regarded as mobile homes and only authorized in mobile home parks.

“Mobile home lot” means a designated portion of a mobile home park designed for the accommodation of one mobile home and its accessory buildings or structures which complies with all relevant building codes and ordinances.

“Mobile home pad” means part of the mobile home space which has been prepared and reserved for the placement of one mobile home.

“Mobile home park” means a residential development in which owners of mobile homes or manufactured housing may rent or lease a lot on which to place their home. Such developments may provide all of the amenities and improvements typical of subdivisions.

“Mobile home park plumbing system” means the park sewer and water supply systems within the park property line.

“Mobile home park sewage system” means any pipe or line not built into the mobile home which is used for the disposal of human waste.

“Mobile home service building” means a building which is not a mobile home which houses separate toilet and bathing facilities for men and women and which may also have laundry facilities, flushing-rim sink, and other facilities as may be required by the ordinances of the city of Helper.

“Model home” means a dwelling unit used initially for display or marketing purposes, with a certificate of occupancy, which typifies the units that will be constructed.

“Monopole” means a single cylindrical steel or wood pole that acts as the support structure for antennas.

“Mortuary, funeral home” means an establishment in which the human dead are prepared for burial or cremation. The facility may include a chapel for the conduct of funeral services, spaces for informal gatherings, and related accessory uses.

“Motel” means a building or group of buildings containing individual sleeping units designed and used primarily for the accommodation of transient automobile travelers and with automobile parking immediately accessible.

“Municipal facilities” means those improved properties owned by the municipality, or the public. [Ord. 2010-5. Code 1988 § 11-2].

18.10.140 N definitions.

“Natural waterways” means those areas, varying in width, along streams, creeks, springs, gullies, or washes that are natural drainage channels as determined by the building inspector.

“New development” means any new construction activity.

“Noncomplying structure” means a structure that legally existed before its current zoning designation and because of a zoning change does not conform to the zoning district’s development standards.

“Nonconforming sign or sign structure” means a sign or sign structure or portion thereof lawfully existing prior to May 31, 2005, which does not conform to all height, area, yard spacing, animation, lighting or other regulations prescribed in the zone in which it is located.

“Nonconforming use” means a use of a lot or parcel that legally existed on the lot or parcel before its current zoning designation; has been maintained continuously for the preceding 12 months; and does not conform with the zoning regulations that now govern the land.

“Nursery” means a business that grows, cultivates, and/or distributes and sells plants and other landscaping or horticulture related items.

“Nursing home” means a business described also as a “rest home,” or “convalescent home,” other than a hospital, in which persons are lodged long-term and furnished with care rather than diagnoses or treatment. [Ord. 2010-5. Code 1988 § 11-2].

18.10.150 O definitions.

“Office, business or government” means a place intended for the conduct of administration or services by a business enterprise or unit of government.

“Office, professional” means a place intended for the conduct of a recognized learned profession. Such uses include offices or clinics devoted to treatment and care of human illness or injury (medical, dental, chiropractic offices, massage therapist, and similar uses). Other professions so defined would include, but not be limited to, accountants, architects, engineers, and lawyers. This definition does not allow for in-patient care facilities or adult oriented businesses.

“Official streets master plan” means, as adopted by the city council, the designation of each existing and planned street and right-of-way, and those located on approved and filed plats, for the purpose of providing for the development of the streets, highways, roads, and rights-of-way and for their future improvement, reconstruction, realignment, and necessary widening, including provision for curbs and sidewalks. The classification of each street and right-of-way is based upon its location in the respective zoning district of the city, its present and estimated future traffic volume and its relative importance and function.

“Official zoning map” means the map adopted by the city council pursuant to law showing the streets, zoning districts, and city boundaries; and any amendments or additions thereto resulting from the approval of rezones, subdivision or annexation plats and the subsequent filing of such approved plats.

“Open space” means space reserved in parks, courts, playgrounds, golf courses, and other similar open areas and those areas reserved to meet the density requirements of planned unit development.

“Ordinary high water mark” means the line on the bank to which the high water ordinarily rises annually in season as indicated by changes in the characteristics of soil, vegetation or other appropriate means, which consider the characteristics of the surrounding areas. Where the ordinary high water mark cannot be found, the top of the channel bank shall be substituted. In braided channels, the ordinary high water mark or substitute shall be measured so as to include the entire stream feature.

“Outdoor recreation,” “park” or “playground (public or private)” means an area free of buildings except for rest rooms, dressing rooms, equipment storage and maintenance buildings, and open-air pavilions and used primarily for recreation activities not involving motor vehicles or overnight use.

“Outdoor recreational uses” means recreational activities involving off-highway vehicles and similar motorized vehicles for recreational use and horse arenas, equestrian parks and equine activity, including but not limited to equine shows, fairs, competitions, performances, racing or sales that involve any breed of equines and any equine disciplines; boarding or training equines and teaching persons equestrian skills.

“Owner” means any person, or group of persons, having record title to the property sought to be developed or subdivided and the owner’s agent. [Ord. 2010-5. Code 1988 § 11-2].

18.10.160 P definitions.

“Parcel” means an unplatted unit of land described by metes and bounds and designated by the county recorder’s office with a unique tax identification number.

“Parking area” means an unenclosed area or lot other than a street used or designed for parking (nine feet by 18 feet).

“Parking area, private” means an open area, other than a street, used for the parking of the automobiles of occupants of a dwelling. A parking area or structure used exclusively for residential, noncommercial uses.

“Parking, off-street” means a parking area or parking facility to be used by the public or the patrons, employees or residents of a building or business that does not include parking spaces on a public street.

“Parking, on-site” means a parking area or parking facility dedicated for the sole usage of a building or business that may include parking on a public street in addition to any off-street parking dedicated for the same building or business.

“Parking, public” means a parking area or parking facility to be used by the public for fee or otherwise.

“Parking, shared” means the development and use of parking areas on two or more separate properties for joint use by the businesses or residents on those properties.

“Parking space, automobile” means a space within a building or a private or public parking area, exclusive of driveways, ramps, columns, office and work areas, for the parking of one automobile. The minimum parking stall size shall be nine feet by 18 feet.

“Pawn shops” means a business dealing in or collecting used or secondhand merchandise or personal property, which has been legitimately obtained.

“Person” means an individual, corporation, partnership, or incorporated association of individuals such as a club.

“Personal services” means establishments primarily involved in providing personal grooming and related services. This definition shall include barbershops, beauty parlors, tailors, massage services, but not laundries or dry-cleaners.

“Pet grooming” means the grooming of small pets such as dogs and cats; provided, that no more than five animals may be on the premises at one time and that no lodging of animals is allowed.

“Planned unit development (PUD)” means a form of development characterized by a comprehensive and unified site plan and design reviewed under the master planned development review processes described in each zone chapter of this code. The MPD generally includes a number of housing units; a mix of building types and land uses; clustered buildings designed to integrate one with another and to complement the surrounding land uses; significant open space; flexible in interior setbacks, heights, and density; and valued community amenities.

“Planning commission” means the Helper City planning commission.

“Plat” means a map or other graphical representation of lands being laid out and prepared in accordance with Section 10-9-804, Utah Code Annotated 1953.

“Preliminary plat” means the preliminary drawings of a proposed subdivision, specifying the layout, uses, and restrictions.

“Preschool” means the education or teaching of children including kindergarten preparation, music lessons, etc.

“Property” means any parcel, lot, or tract of land, including improvements thereon, in the possession of or owned by, or recorded as the real property of, the same person or persons.

“Property line” means the boundary line of a parcel or lot.

“Property line, front” means that part of a parcel or lot which abuts a street.

“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 improvement” means any building, water system drainage ditch, roadway, parkway, sidewalk, pedestrian way, tree, lawn, off-street parking lot, space or structure, lot improvement, or other facility for which the city may ultimately assume responsibility, or which may affect a city improvement.

“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.

“Public right-of-way” means an area of land that is legally described in a registered deed for the provision of public access.

“Public service” means uses, which may be housed in separate buildings, or which may occupy a space within a building, that are operated by a unit of government to serve public needs such as police (with jail), fire service, ambulance, post office, or judicial court, but not including public utility stations or maintenance facilities.

“Public street” means a street, including the entire right-of-way, which has been dedicated to and accepted by the city of Helper or other governmental agency or which has been devoted to public use by legal mapping, use or other means.

“Public utility stations” means a structure or facility used by a public or quasi-public agency to store, distribute, generate, or chemically treat water, power, gas, sewage, equipment, or other service elements. [Ord. 2010-5. Code 1988 § 11-2].

18.10.170 Q definitions.

Reserved.

18.10.180 R definitions.

Reasonable Notice. The requirements of reasonable notice are met if notice of hearing or meeting is posted in at least three public places within the jurisdiction and/or notice of the hearing or meeting is published in a newspaper of general circulation in the jurisdiction or if actual legal notice of the hearing or meeting is given.

“Record of survey map” means a graphic illustration of a survey of land prepared in accordance with state laws.

“Recreational vehicle” means a vehicular unit, other than a mobile home, primarily designed as a temporary dwelling for travel, recreational, and vacation use, which is either self-propelled or is mounted on or pulled by another vehicle, including but not limited to a travel trailer, a camping trailer, a truck camper, a motor home, a fifth-wheel trailer, and a van.

“Recreational vehicle park (travel trailer park)” means any area or tract of land or separately designated section where lots are rented to one or more owners or users of recreational vehicles for a temporary time.

“Religious, educational institute” means a 28 U.S.C. 501(c)(3) nonprofit organization engaged in teaching, community programs, or spiritual endeavors, which qualifies as a tax-exempt religious institution under Title 28 of the U.S. Code.

“Repair services, small appliance or equipment” means an establishment for the repair of household or other small appliances or equipment and at which no such appliances or their parts are stored out-of-doors.

“Residential facility for the disabled/residential facility for persons with a disability” means a facility that is occupied by three to five unrelated persons with disabilities on a 24-hour-per-day basis in a family-type arrangement under the supervision of a house family or manager, and that conforms to all applicable standards and requirements of and is licensed by the Utah Department of Human Services, Division of Services for People with Disabilities or Health, and is operated by or under contract with that department. Such facilities shall not include facilities for the following: secure treatment, in-patient treatment, residential treatment, adult day care, day treatment, comprehensive mental health treatment, comprehensive substance abuse treatment, or domestic violence treatment as defined in Section 62A-2-24, Utah Code Annotated 1953.

“Residential facility for the elderly” means a long-term care residential facility for elderly persons. The term does not include a health care facility.

“Residential support” means arranging for or providing the necessities of life as a protective service to individuals or families who are disabled or who are experiencing a dislocation or emergency which prevents them from providing these services for themselves or their families. Treatment is not a necessary component of residential support.

“Residential treatment center” means a 24-hour group living environment for three to nine individuals unrelated to the owner or provider that offers room or board and specialized treatment, rehabilitation, or habilitation services for persons with emotional, psychological, developmental, or behavioral dysfunctions or impairments. For the purposes of this section, “residential treatment center” shall not include facilities for comprehensive substance abuse treatment or domestic violence treatment as defined in Section 62A-2-24, Utah Code Annotated 1953.

“Resource family home” means a home licensed to provide services to a child in the custody of the state and includes a foster care home and a legal risk home.

“Restaurant, cafe, confectionery” means an establishment where food is prepared and served to customers for consumption on the premises.

“Restaurant, fast food, drive-in” means an establishment distinguished from a traditional sit-down restaurant in that service is provided from a counter or window for consumption either off or on the premises; on-premises consumption normally requires considerably less time than consumption in a traditional restaurant. Service may also be provided to customers in automobiles by use of an outside drive-up window; parking is provided immediately adjacent to the building. This definition includes also specialty food stores such as ice cream parlors or delicatessens, having counter or window service.

“Resubdivision” means a change in a map of an approved or recorded subdivision plat if such change affects any right-of-way, or lot line; or any change in a map or plan legally recorded prior to the adoption of regulations controlling subdivisions.

“Retail commercial, general” means an establishment or business that offers for sale goods or services in full depth and variety. A business or establishment of this nature may exceed 10,000 square feet in floor space.

“Retail commercial, limited” means an establishment or business that offers for sale goods or services in full depth and variety. A business or establishment of this nature may not exceed 10,000 square feet in floor space.

“Right-of-way” means a strip of land dedicated to public use that is occupied, or reserved to be occupied, by a street, crosswalk, trail, stairway, railroad, road, utilities, or for another special use.

“Road classification” means the streets, highways, roads, and rights-of-way designated on the streets master plan.

“Road, right-of-way width” means the distance between property lines measured at right angles to the centerline of the street.

“Roof” means the building element which covers the top of the structure as the walls enclose the sides. [Ord. 2010-5. Code 1988 § 11-2].

18.10.190 S definitions.

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

“Satellite receiving station” means any apparatus or device designed for the purpose of transmitting and/or receiving radio, television, satellite microwave, or other electromagnetic energy signals between terrestrially and/or orbital based uses. This definition includes but is not limited to what are commonly referred to as satellite earth stations, satellite microwave antennas, TVROs or dish antennas. This definition does not include conventional television antennas.

“School, private or quasi-public” means a school operated by a private or quasi-public organization or individual, which has a program similar to that provided in any public school in the state of Utah, except that such curriculum may include religious instruction. A private school may be a profit-making or nonprofit organization. This definition shall not include commercial schools.

“School, public” means an educational facility operated by a school district or other public agency of the state of Utah.

“Screen” or “screened” means the act, process, or result of visually and/or audibly shielding or obscuring a structure or use from adjacent property by fencing, walls, berms, densely planted vegetation or other features.

“Secure treatment” means 24-hour specialized residential treatment or care for persons whose current functioning is such that they cannot live independently or in a less restrictive environment. Secure treatment differs from residential treatment to the extent that it requires intensive supervision, locked doors, and other security measures which are imposed on residents with neither their consent nor control.

“Senior citizen center” means a government sponsored public building, other than a church or school, serving the social and recreational needs of the elderly. Such a center may include a meeting hall and cooking and dining facilities for large groups but shall not provide overnight lodging.

“Setback” means the required minimum distance between a building or structure and the closest of the following:

1. Property line;

2. Platted street; or

3. Existing curb or edge of a street.

“Shopping center, community (retail commercial, general)” means a completely planned and designed commercial development providing for the sale of general merchandise and convenience goods and including a variety store, discount store, or supermarket.

“Shopping center, neighborhood (retail commercial, limited)” means a planned commercial development providing primarily for the sale of convenience goods and services. The center is designed to serve a residential neighborhood.

“Short-term rental” or “vacation rental” is the renting out of a furnished home, apartment or condominium for a short-term stay (less than 30 consecutive days). The owner of the property usually will rent out on a weekly basis, but some rentals may offer nightly rates. Typically the entire home, apartment or condominium is rented to one user. Some rentals are shared spaces that may be similar to a bed and breakfast style rental with or without meals provided. Short-term rentals are commonly advertised online through various vacation booking websites.

“Sign” means any words, letters, parts of letters, figures, numerals, phrases, sentences, emblems, devices, trade names or trademarks, by which anything is made known, such as are used to designate an individual, a firm, an association, a corporation, a profession, a business, a commodity, or product which are visible from any public way. “Sign” shall also include the sign structure supports, lighting system and any attachments, ornaments or other features intended to draw the attention of observers.

1. “A-frame sign” means a sign constructed with two sides attached at the top so as to allow the sign to stand in an upright position. Usually temporary and/or moveable.

2. Alteration, Sign. “Alteration” means a change or rearrangement in the structural part or design of a sign whether by extending on a side, by increasing in area or height, or by relocating or change in position.

3. “Animated sign” means a sign, which includes motion or rotation of any part by mechanical, or artificial means, or subdued color changes.

4. “Awning sign” means a sign painted, printed or placed on any portion of a cloth or fabric covering.

5. “Banner sign” means a sign made of fabric or any nonrigid material with no enclosing framework. A type of temporary sign.

6. “Billboard sign” means an off-premises advertising sign.

7. “Campaign sign” means a temporary sign used by candidates running for political and elected offices and signs with political purposes.

8. “Flashing sign” means a sign which has or appears to have motion or rotation of the lighting elements or displays flashing or intermittent light.

9. “Flat sign” means a sign erected parallel to and attached to the outside wall of a building and extending not more than 24 inches from such wall with messages of copy on the face side only.

10. “Floodlighted or externally lighted sign” means a sign made legible in the absence of daylight by devices which reflect or project light upon it.

11. “Illuminated sign” means a sign which has characters, letters, figures, designs, or outlines illuminated by electric lights or luminous tubes.

12. “Mobile changeable copy sign” means a sign mounted on a trailer or frame, lighted, or unlighted, with changeable lettering.

13. “Monument sign” means a sign six feet or less in height which is flush to the ground.

14. “Name plate sign” means a sign indicating the name or names of person(s) legally occupying the premises.

15. “Overhanging sign” means a sign which projects 12 inches or more beyond any portion of the roof of a building.

16. “Pole sign” means a sign affixed in or upon the ground supported by one or more structural members, with air space between the ground and the bottom of the sign face.

17. “Roof sign” means a sign which is erected partly or wholly on the roof of the building.

18. “Sign area” means the area of a sign that is used for display purposes, excluding the minimum frame and supports. In computing sign area, only one side of a back-to-back or double-faced sign shall be computed when signs are parallel or diverge from a common edge by an angle of not more than 10 degrees. For signs that do not have a frame or a separate background, the sign area shall be computed on the basis of the least rectangle, triangle or circle large enough to frame the display. Sign areas in the shape of a sphere, prism, cylinder, cone, pyramid, square or other such shape shall be computed as one-half of the total surface area.

19. “Sign maintenance” means the upkeep of signs in a safe, presentable and good condition, including the replacement of defective parts, repainting, cleaning and other acts required for the maintenance of said sign.

20. “Sign setback” means the minimum distance that any portion of a sign or sign structure shall be from any street property line.

21. “Sign structure” means anything constructed or erected supporting a sign, which requires locations on or below the ground or attached to something having location on or below the ground.

22. “Snipe sign” means a temporary sign or poster which is attached to the supports for another sign, a public utility pole, tree, fence, etc.

23. “Temporary sign” means any sign, banner, pennant, valance or advertising display constructed of paper, cloth, canvas, light fabric, cardboard, wallboard or other light materials, with or without frames, intended to be displayed out of doors for a short period of time.

“Significant vegetation” includes all large trees six inches in diameter or greater measured four and one-half feet above the ground, all groves of small trees, and all clumps of oak or maple covering an area 50 square feet or more measured at the drip line.

“Site development standards” means regulations unique to each zone concerning standards for development including, but not limited to, lot areas, setbacks and building height.

“Sketch plat” means a sketch preparatory to the preliminary plat, or subdivision plat in the case of minor subdivisions, to enable the owner to save time and expense in reaching general agreement with the planning commission as to the form of the plat.

“Slope” means the level of inclination of land from the horizontal plane determined by dividing the horizontal run, or distance, of the land into the vertical rise, or distance, of the same land and converting the resulting figure to a percentage value.

“Small engine repair” means an establishment engaged in the repair and maintenance of small engines with an engine displacement size no greater than 2,000 cc. This includes but is not limited to: motorcycles, OHVs, ATVs, home and garden tools and equipment, outboard motor watercraft (engine removed), snowmobiles, chainsaws, and other similar small engines.

“Solicitors” means any person who goes upon the premises of any business or private residence, not having been invited by the occupant thereof, for the purpose of selling, offering for sale, or taking orders for merchandise or services door to door within the city. Merchandise shall include goods, food, wares, photographs, and subscriptions to any kind of publication, tickets, coupons, or receipts representing value.

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

“Stable, private” means a detached accessory structure used for the keeping and housing of livestock by the occupants of the premises.

“Stable, public” means a stable other than a private stable.

“Stealth telecommunications facility” means a telecommunications facility which is disguised as another object or otherwise concealed from public view.

“Storage land/sea containers” means any trailer commonly described as a storage container or storage unit, including but not limited to semi-trailers, cargo trailers and any other similar unit with a storage space of greater than 120 square feet.

“Storage units” means a lot or parcel of property containing any number of individual locking sheds or units for lease or rent to store private property. Customarily fenced and lighted for the security of the premises.

“Story” means a habitable level within a building serving to define the building height. Basements that emerge less than four feet from grade or attics not exceeding four feet at the kick wall shall not constitute an additional story.

“Story, half” means a story with at least two of its opposite sides situated in a sloping roof, the floor area of which does not exceed two-thirds of the floor immediately below it.

“Stream” means a naturally fed watercourse that flows year-round or intermittently during years of normal rainfall. This definition excludes ditches and canals constructed for irrigation and drainage purposes.

“Stream corridor” means the corridor defined by the stream’s ordinary high water mark.

“Street” means a private or public right-of-way, highway, avenue, boulevard, parkway, road, lane, walk, alley, viaduct, subway, tunnel, bridge, public easements, and other way.

“Street, access” means a street that serves a small number of dwellings and usually does not allow through traffic. Usual ADT (average daily traffic) range is zero to 250 vehicles.

“Street, arterial” means a street which provides for through traffic movement between areas and across the city, with moderate access to abutting property subject to necessary control of entrances, exits, and curb use and also provides access to highways. Arterials are not usually included in residential street plans. Maximum ADT is 3,000+ vehicles.

“Street, collector” means a street that provides for a high volume of traffic movement between major arterials and local streets, and direct access to abutting property. Usual ADT range is 1,000 to 3,000 vehicles.

“Street, local” means a street that provides for direct access to abutting land and for local traffic movements.

“Street, private” means a right-of-way or easement in private ownership, not dedicated or maintained as a public street, which affords the principal means of access to two or more lots.

“Street, public” means a street that has been dedicated to and accepted by the city council, that the city has acquired and accepted by prescriptive right, or that the city owns in fee; a public thoroughfare which affords principal means of access to abutting property and has a right-of-way that exceeds 26 feet in width. The term “street” shall include avenue, drive, circle, road, parkway, boulevard, highway, thoroughfare, or any other similar term.

“Street, subcollector” means a street which conveys traffic to more dwellings and includes through traffic between access streets and collectors. Usual ADT range is 250 to 1,000 vehicles.

“Streetscape” means the distinguishing characteristics of a particular street including paving materials, adjacent space on both sides of the street, landscaping, retaining walls, sidewalks, building facades, lighting, medians, street furniture and signs.

“Structural alterations” means any change in the supporting members of a building, such as bearing walls, columns, beams, or girders.

“Structure” means anything constructed, the use of which requires a fixed location on or in the ground, or attached to something having a fixed location on the ground and which imposes an impervious material on or above the ground; definition includes “building.”

“Structure, preexisting” means a structure which was legally constructed prior to July 1, 2010.

“Subdivision” means any land, vacant or improved, which is divided 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 residential and nonresidential zoned land, whether by deed, metes and bounds description, devise and testacy, lease, map, plat, or other recorded instrument.

“Subdivision” does not include:

1. A bona fide division or partition of agricultural land for the purpose of joining one of the resulting separate parcels to a contiguous parcel of unsubdivided agricultural land, if neither the resulting combined parcel nor the parcel remaining from the division or partition violates an applicable zoning ordinance;

2. A recorded agreement between owners of adjoining properties adjusting their mutual boundary if:

a. No new lot is created; and

b. The adjustment does not result in a violation of applicable zoning ordinances; or

c. A recorded document, executed by the owner of record, revising the legal description of more than one contiguous parcel of property into one legal description encompassing all such parcels of property;

3. The joining of a subdivided parcel of property to another parcel of property that has not been subdivided does not constitute a “subdivision” under state law as to the unsubdivided parcel of property or subject the unsubdivided parcel to HMC Title 17.

“Subdivision, major” means all subdivisions of 10 or more lots, or any size subdivision requiring any new street or extension of municipal facilities, or the creation of any public improvements, and not in conflict with any provision or portion of the general plan, official zoning map, streets master plan, or these regulations.

“Subdivision, minor” means any subdivision containing less than 10 lots that may require the recordation of a plat and all or part of the development requirement of a major subdivision, and not in conflict with any provision or portion of the general plan, official zoning map streets master plan, or these regulations.

“Subdivision plat” means the final map or drawing on which the applicant’s plan of subdivision is presented to the city council for approval and which, if approved, may be submitted to the county recorder for filing.

“Subdivision, simple lot” means any subdivision containing not more than three lots fronting on an existing street, not involving any new street, or the extension of municipal facilities, or the creation of any public improvements, and not adversely affecting the remainder of the parcel or adjoining property, and not in conflict with any provision or portion of the general plan, official land use map, streets master plan, or these regulations. Subdivisions qualifying as a simple lot subdivision are exempt for the plat requirement.

“Surplus, secondhand store” means an establishment that sells surplus items, used furniture, appliances, clothing, and miscellaneous small items. Excluded from this definition are establishments selling used motor vehicles, their parts, military surplus, and other heavy equipment. [Ord. 2017-9 § 1; Ord. 2010-5. Code 1988 § 11-2].

18.10.200 T definitions.

“Technical necessity” means a particular design, placement, construction or location of a telecommunications facility that is technically necessary for telecommunications consistent with the Federal Telecommunications Act of 1996, as amended.

“Temporary outdoor use” means a use, activity, vending cart, special event, or commercial use outside that is not permanent in nature and after a 72-hour time period ceases or is removed.

“Temporary use” means a use, activity or special event that is not permanent in nature and after a designated time period ceases or is removed.

“Telecommunications” means the transmission, between or among points specified by a user, of information of the user’s choosing, without change in the form or content of the information as sent or received.

“Telecommunications facility” means a telecommunications facility of less than 35 feet in height consisting of antenna, equipment shelters, and related structures used for transmitting and/or receiving telecommunications and/or radio stations.

“Theater, concert hall” means a building or amphitheater used primarily for the presentation of live stage productions or performances.

Trailer, Travel. See “recreational vehicle.”

“Transfer station” means a facility designed for the transfer and transport of solid waste.

Travel Park. See “recreational vehicle park.” [Ord. 2010-5. Code 1988 § 11-2].

18.10.210 U definitions.

“Unincorporated” means the area outside of the incorporated boundaries of cities and towns.

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

“Use, preexisting” means a use, which validly existed prior to July 1, 2010, and has not been abandoned for more than six months.

“Utility capacity” means the maximum capacity of a utility service to operate safely and effectively whether it be electricity generation and delivery, sewage disposal, water pressure, or telecommunications transmission. [Ord. 2010-5. Code 1988 § 11-2].

18.10.220 V definitions.

Vacation Rental. See “short-term rental” or “vacation rental.”

“Vending cart” means a small wheeled, nonmotorized vehicle from which to sell food and/or merchandise for immediate consumption or use. [Ord. 2017-9 § 1; Ord. 2010-5. Code 1988 § 11-2].

18.10.230 W definitions.

“Warehouse storage units” means a building in which goods, merchandise, or equipment are stored for eventual distribution, or for which storage space is rented.

“Welding machine shop” means a building or structure where pieces of metal are welded. [Ord. 2010-5. Code 1988 § 11-2].

18.10.240 X definitions.

Reserved.

18.10.250 Y definitions.

“Yard” means an open space on a lot, unoccupied and unobstructed from the ground upward.

“Yard, front” means an open, unoccupied space, in the same lot with a building, between the front line of the main building and the street line and extending for the full width of the lot.

“Yard, rear” means a yard extending across the full width of the lot between the most rear main building and the rear lot line. The depth of the required rear yard shall be measured horizontally from the nearest point of the rear lot line. On lots that are not rectangular in shape, the required minimum rear yard may be an average of the distances measured from the rear corners of the main building directly to the rear lot line.

“Yard, side” means an open, unoccupied space, except as otherwise provided in this title, on the same lot with the building, between the side line of the building and the side lot line, and extending from the front yard to the rear yard; or the shortest distance across said space from the main building to the side lot line.

“Youth home” means a 24-hour group living environment for three to five persons under the age of 18, unrelated to an owner or operator that offers room, board or specialized services to residents. “Youth home” may include facilities for the following: resource family home, child placement, or residential support as defined in Title 62A, Utah Code Annotated 1953. “Youth home” shall not include facilities for the following: secure treatment, in-patient treatment, residential treatment, adult day care, day treatment, comprehensive mental health treatment, youth program, comprehensive substance abuse treatment, or domestic violence treatment as defined in Title 62A, Utah Code Annotated 1953.

“Youth program” means a nonresidential program designed to provide behavioral, substance abuse or mental health services to minors that:

1. Serves either adjudicated or nonadjudicated youth;

2. Charges a fee for its services;

3. May or may not provide host homes or other arrangements for overnight accommodation of the youth;

4. May or may not provide all or part of its services in the outdoors;

5. May or may not limit or censor access to parents or guardians; and

6. Prohibits or restricts a minor’s ability to leave the program at any time of his own free will.

“Youth program” does not include recreational programs such as Boy Scouts, Girl Scouts, 4-H, and other such organizations. [Ord. 2010-5. Code 1988 § 11-2].

18.10.260 Z definitions.

“Zoning map” means a map, also known as a land use map, adopted as part of a land use ordinance that depicts land use zones, overlays, or districts. [Ord. 2010-5. Code 1988 § 11-2].