Chapter 9-2
DEFINITIONS

SECTION:

9-2-1:    PURPOSE

9-2-2:    TERMS DEFINED

9-2-1: PURPOSE:

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".

9-2-2: TERMS DEFINED:

ACCESSORY STRUCTURE: A building on the same lot as the principal building and that is:

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

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

C.    A dwelling unit or home office; and

D.    Inaccessible from residence;

ADULT SEXUALLY ORIENTED BUSINESSES: Adult oriented business means any or all of the following or any portions of the following: adult bookstore, adult video store, adult novelty store, adult motion picture theater, and adult theater.

AFFECTED ENTITY: A county, municipality, independent special district under Utah Title 17A, Chapter 2, Independent Special Districts, local district under Utah Title 17B, Chapter 2, Local Districts, school district, interlocal cooperation entity established under Utah Title 11, Chapter 13, Interlocal Cooperation Act, specified public utility, a property owners association, or the Utah Department of Transportation, if:

(a)    the entity's services or facilities are likely to require expansion or significant modification because of an intended use of land;

(b)    the entity has filed with the municipality a copy of the entity's general or long-range plan; or

(c)    entity has filed with the municipality a request for notice during the same calendar year and before the municipality provides notice to an affected entity in compliance with a requirement imposed by state law.

AGRICULTURE: The tilling of soil, raising of crops, horticulture, gardening and the raising of livestock.

AGRICULTURAL INDUSTRY OR BUSINESS: An industry or business involving agricultural products in manufacturing, packaging, treatment, sales, or storage, including but not limited to food packaging or processing plants, and similar uses as determined by the planning commission with a conditional use permit. This definition does not include hog farms, commercial poultry businesses or rendering facility.

ANIMAL HOSPITAL OR VETERINARY OFFICES: An establishment where animals are medically treated, lodged or trained by a licensed veterinarian.

ANIMAL PROCESSING PLANT: A facility where The manufacturing, compounding, processing, assembling, and packaging of animal parts 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 ordinance.

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

A.    Antenna, Drive Test: A temporary antenna, which is used for field-testing of telecommunications signals and possible locations but does not provide telecommunications to customers.

B.    Antenna, Freestanding: 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, flag pole or other vertical support.

C.    Antenna, Roof Mounted: An antenna or series of individual antennas mounted on the roof of a building.

D.    Antenna, Temporary: An antenna used for a time period of less than thirty (30) days.

E.    Antenna, Wall Mounted: 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.

F.    Antenna, Whip: An antenna that is cylindrical in shape. Whip antennas can be directional or omni directional and vary in size depending upon the frequency and gain for which they are designed.

APARTMENT HOTEL: Any building that contains dwelling units and also satisfies the definition of a hotel, as defined in this chapter.

APARTMENT HOUSE: 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: 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: The owner of the property that is the subject of the application, or the owner's agent.

APPLICATION: 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: A facility where parts are put together to develop a final product. Generally referring to automobile, computer and electronic assembly.

ASSISTED LIVING CENTER: “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.

AUTO WRECKING, SALVAGE YARD: 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.

AUTO, TRUCK, RECREATIONAL VEHICLE, AND EQUIPMENT SALES AND RENTAL: Sales of both new and used motor vehicles and equipment stored and displayed both indoors and on outside lots, but not to include non-serviceable or junk vehicles or equipment.

AUTOMOTIVE REPAIR ESTABLISHMENT: 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: 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: 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.

BALCONY: A platform that projects from the wall of a Building and is enclosed by a railing, parapet or balustrade.

BANKING OR FINANCIAL SERVICE: 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: 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: A story whose floor is more than 12 inches below the average level of the adjoining ground, but where no more than half of its floor-to-ceiling height is below the average contact level of the adjoining ground. A basement shall be counted as a story for purposes of height measurement and as a half-story for purposes of side-yard determination.

BED AND BREAKFAST: A short-term or vacation rental where at least one (1) meal per day is provided.

BOND, PUBLIC IMPROVEMENT: A one (1) year guarantee to the City that all public improvements have been installed to City specifications and will operate properly.

BUILDING: 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: 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: The vertical distance from the average finished grade surface at the building wall to the highest point of the coping of a flat roof or to the deck line of a mansard roof, or the mean height level between eaves and ridge for gable, hip, or gambrel roofs.

BUILDING INSPECTOR: Huntington City official known as the zoning enforcement officer who is designated to inspect building under construction and upon completion.

BUILDING, MAIN: A building within which the principal land use of the lot is conducted.

BUSINESS: 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, non-profit organization or other calling.

CANOPY: 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: A private garage not completely enclosed by walls or doors. For the purposes of this ordinance, a carport shall be subject to all regulations prescribed for a private garage.

CEMETERY, COLUMBARIUM, CREMATORY, MAUSOLEUM: Land or buildings used for the cremation, burial, or interment of the human dead but not including facilities for embalming.

CHIEF EXECUTIVE OFFICER: The Mayor of Huntington City.

CHILD CARE, CENTER (FAMILY DAY CARE) TYPE 1: The provision of child care for business for eight (8) or fewer children, including the provider's children who are under the age of eighteen (18), within a dwelling unit.

CHILD CARE, FACILITY, TYPE II: The provision of child care for business for nine (9) or more children with a maximum of 16 children including the provider's children who are under the age of eighteen (18).

CHURCH: 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.

COAL YARD: The storage of coal in quantities in excess of 10 tons and/or the retail or wholesale sale of coal.

COMPLETE APPLICATION: A submission, which includes all information requested on the appropriate form, and full payment of all applicable fees.

CONDITIONAL USE: 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.

CONGREGATE LIVING FACILITY: 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, residential facilities for the elderly.

CONDOMINIUM: Any structure or parcel that has been submitted to fractionalize ownership under the provisions of the Utah Condominium Ownership Act.

CONVENIENCE GOODS SALES AND SERVICES: 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, dry cleaning pick-up, and uses considered similar and compatible.

CONSTITUTIONAL TAKING: 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.

COURT: An open, unoccupied space, other than a yard, on the same lot with a building or group of buildings and which is bounded on two or more sides by such building or buildings.

COUNCIL: Members of the City Council of Huntington. COUNTY: The unincorporated area of Emery County.

COVERAGE: The percent of the total site area covered by structures or impervious paving other than those accepted in this ordinance.

CUL-DE-SAC: A minor street having an open end and being terminated at the other end by a vehicle turnaround.

CULINARY WATER AUTHORITY: 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.

DAIRY: A commercial establishment housing animals for the processing and/or retail sale of dairy products.

DEVELOPMENT: 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: 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: A portion of the area of Huntington City, Utah shown on a zoning map (attached to this ordinance) and given a zone classification as set forth in this ordinance.

DRIVE – THRU FACILITY: A facility associated with a commercial service that is provided from a counter or window for consumption or sale either off or on the premises. 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.

DRY-CLEANING ESTABLISHMENT: 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: Any building, or portion thereof, which is designed for use for residential purposes, except hotels, boarding houses, lodging houses, and tourist cabins.

A.    Dwelling, Four-Family: A building arranged or designed to be occupied by four families, the structure having only four dwelling units.

B.    Dwelling, Multiple-Family: A building arranged or designed to be occupied by more than four families.

C.    Dwelling, Single-Family: A building arranged or designed to be occupied by one family, the structure having only one dwelling unit.

D.    Dwelling, Three-Family: A building arranged or designed to be occupied by three families, the structure having only three dwelling units.

E.    Dwelling, Two-Family: A building arranged or designed to be occupied by two families, the structure having only two dwelling units.

EASEMENT: 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: A long-term care residential facility for the elderly. The term does not include a health care facility.

ELDERLY PERSON: A person who is sixty (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

EQUIPMENT SHELTER: A structure used to house equipment for telecommunications facilities.

ESCROW: A deposit of cash with the City or an approved, alternate security in lieu of cash held to ensure a guarantee.

FARM ANIMALS: Animals other than household pets that may, where permitted, be kept and maintained for education, family food production, or recreation.

FENCE: 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.

A.    Fence, Electric: A fence wired with low voltage (12 volt max) electricity.

B.    Fence, Razor: A fence with razor coil, cable or tooth wire along certain portions.

C.    Fence, Wildlife: Open fencing allowed at a height 6 ft or higher when a need is shown to protect animals from entering or leaving an area.

FINAL ACTION: The latter of the final vote or the approved, written decision on a matter. FINAL PLAT: A recordable Subdivision or condominium map.

FIREWORKS SALES/STANDS: The temporary display and sale of legally allowed fireworks. This use requires a business license and a temporary permit issued from the Huntington City Fire Chief or his/her designee after the business has had a satisfactory fire inspection.

FLOOR AREA, GROSS: 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, up to a maximum floor area of 600 square feet.

FLOOR AREA, NET LEASABLE: Gross floor area excluding common hallways, mechanical and storage areas, and restrooms.

FRONTAGE: The length of the property line of the lot fronting on one side of a street.

GARAGE, COMMERCIAL: A building other than a private garage used for the temporary parking of automobiles with or without a fee.

GARAGE, PRIVATE (INCLUDING CARPORT): A detached accessory building or portion of a main building for the parking or temporary storage of automobiles of the occupants of the premises.

GENERAL MERCHANDISE SALES AND RELATED SERVICES: Stores, department stores, or shops intended for sale of goods or merchandise, but not including convenience goods, liquor, motor vehicles, campers, trailers, or lumber.

GENERAL PLAN: 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 of the Utah Code.

GOVERNING BODY: The City Council of Huntington City. GRADE:

A.    For buildings adjoining more than one street, the average of the elevations of the sidewalks at the centers of all walls adjoining streets.

B.    For buildings adjoining one street only, the elevation of the sidewalk at the center of that wall adjoining the street.

C.    For buildings having no wall adjoining the streets, the average level of the ground (finished surface) adjacent to the exterior walls of the buildings.

All walls approximately parallel to and not more than five feet from a street line are to be considered as adjoining a street.

GROUP HOME: “Group home” means a profit or non-profit boarding home for the sheltered care of persons with special needs, which, in additional 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.

HANDICAPPED PERSON: A person who:

A.    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:

1. capacity for independent living;

2. economic self-sufficiency;

3. learning;

4. mobility;

5. receptive and expressive language;

6. self-care;

7. self-direction; and

B.    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): 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: The Utah State Division of Environmental Health or local health agency having jurisdiction.

HEDGE: A row of bushes or small trees planted close together, esp. when forming a fence or boundary.

HEIGHT, BUILDING: The vertical distance from the existing grade to the highest point of the cornice of a flat roof or to the deck line of a mansard roof or to the midpoint of the highest gable of a pitch or hip roof

HOME OCCUPATION: 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 Huntington City Ordinance 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: 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, but not including clinics or health care centers.

HOTEL: 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: Animals or birds ordinarily permitted in the house and kept for company or pleasure, such as dogs, cats, and canaries, but not including a sufficient number of dogs to constitute a kennel, as defined in this ordinance.

INACTION: 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:

A.    More than six (6) months has passed since a request for additional information was made by the City without a response from the applicant;

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

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

D.    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: 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.

INDUSTRIAL OUTDOOR STORAGE FACILITY: An outdoor space for storage of industrial equipment, materials, or supplies. Permitted in industrial zones with conditional use permit. Facility must be enclosed by an opaque fence or wall at least eight feet (8') tall.

INDUSTRY: The manufacturing, compounding, processing, assembling, packaging, or testing of goods or equipment:

A.    Light: entirely within an enclosed structure, with no outside storage, serviced by small (3/4 ton) trucks or vans, and imposing a nearly negligible impact upon the surrounding environment by noise, vibration, smoke, dust, or pollutants.

B.    Medium: 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 ordinance.

ITINERANT MERCHANT: 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.

INTERMITTENT USE: A temporary business of selling and delivering goods, wares and merchandise within the City of Huntington.

JUNK YARD: 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.

KENNEL, COMMERCIAL: A shelter for or a place where more than three (3) dogs or cats are bred, boarded, or trained for monetary gain.

KENNEL, PRIVATE: A shelter for or a place where more than three (3) and no more than five (5) dogs and cats are bred, boarded, or trained for no monetary gain.

LAND USE APPLICATION: An application required by a municipality's land use ordinance.

LAND USE AUTHORITY: A person, board, commission, agency, or other body designated by the local legislative body to act upon a land use application.

LAND USE ORDINANCE: A planning, zoning, development, or subdivision ordinance of the municipality, but does not include the general plan.

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

LAUNDROMAT: An establishment in which patrons wash, dry, or dry-clean clothing and other fabrics in coin-operated, self-service machines.

LEGISLATIVE BODY: The Huntington City Council.

LIQUOR STORE: A retail sales store authorized by the Utah State Liquor Commission to sell packaged alcoholic beverages for off-premise consumption.

LOCAL JURISDICTION: Huntington City.

LOT: 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 ordinance 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.

A.    Lot, Corner: A lot situated at the intersection of two (2) Streets, the interior angle of such intersection does not exceed one hundred thirty five degrees (135°). A corner lot fronts two streets.

B.    Lot Depth: The horizontal distance between the front and rear lot lines measured in the main direction of the side lot line.

C.    Lot Line: Property lines bounding the lot.

D.    Lot, Width: The minimum distance between the side lot lines at the front yard or front building facade. For three (3)-sided lots, the minimum distance between the rear and side lot lines at the front yard or front building facade.

E.    Lot Line, Front: The property line dividing a lot or parcel from the right-of-way of the street from which structure takes access.

F.    Lot Line, Rear: The property line opposite the front lot line.

G.    Lot Line, Side. Any lot or property line other than a front or rear lot line.

LOW POWER RADIO SERVICES FACILITY: An unmanned structure, which consists of equipment used primarily for the transmission, reception or transfer of voice or data through radio wave or wireless transmissions. Such sites typically require the construction of transmission support structures to which antenna equipment is attached.

LUMBER SALES AND STORAGE: The sale and display of lumber and building supplies, including the outside storage of lumber and related merchandise.

MANUFACTURING USE: Research and development facilities, testing laboratories, and facilities for the production, fabrication, processing, or assembly of goods and products.

MANUFACTURED HOME: A multi-sectional mobile home not exceeding two (2) Stories in height that is designed to be installed on a permanent foundation system and was manufactured after June 15,1976.

MASSAGE THERAPY SERVICES: See Office, Professional. MEDICAL CLINIC: See Office, Professional.

MENTAL HEALTH CENTER: A publicly-or-privately-operated facility, intended for the diagnosis and treatment of mental or emotional disorders.

MOBILE HOME: A detached single-family dwelling unit of not less than thirty 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.

A.    Mobile Home Lot: 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.

B.    Mobile Home Pad: Part of the mobile home space which has been prepared and reserved for the placement of one mobile home.

C.    Mobile Home Park: 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.

D.    Mobile Home Park Plumbing System: The park sewer and water supply systems within the park property line.

E.    Mobile Home Service Building: 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 Huntington.

F.    Mobile Home Park Sewage System: Any pipe or line not built into the mobile home which is used for the disposal of human waste.

MODULAR HOME: A permanent dwelling structure built of prefabricated units which are assembled and erected on the site, and which meets the IBC.

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

MONUMENT SIGN: A sign six feet or less in height which is flush to the ground.

MORTUARY. FUNERAL HOME, RECEPTION CENTER: 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: 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: Those improved properties owned by the municipality, or the public.

NATURAL WATERWAYS: 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: Any new construction activity.

NONCOMPLYING STRUCTURE: 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: A sign or sign structure or portion thereof lawfully existing prior to current zoning designation 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: A use of a lot or parcel that legally existed on the lot or parcel before its current zoning ordinance designation; has been maintained continuously for the preceding twelve months; and does not conform with the zoning regulations that now govern the land.

NURSERY: A business that grows, cultivates, and/or distributes and sells plants and other landscaping or horticulture related items.

NURSING HOME: 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.

OFFICE. BUSINESS OR GOVERNMENT: A place intended for the conduct of administration or services by a business enterprise or unit of government.

OFFICE, PROFESSIONAL: A place intended for the conduct of a recognized learned profession. Professions so defined would include, but not be limited to, accountants, architects, chiropractic offices, massage therapist, engineers, and lawyers. Definition does not allow for in- patient care facilities.

OFFICIAL STREETS MASTER PLAN: 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: 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: 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: 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): 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: 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: Any person, or group of persons, having record title to the property sought to be developed or subdivided and the owner's agent.

PARCEL: 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: An un-enclosed area or lot other than a street used or designed for parking, as per the IBC.

A.    Parking Area, Private: An open area, other than a street, used for the parking of the automobiles of occupants of a dwelling, hotel, or apartment hotel.

B.    Parking, Public: A parking area or parking facility to be used by the public for fee or otherwise.

C.    Parking, Residential: A parking area or structure used exclusively for residential, non- commercial uses.

D.    Parking, Shared: The development and use of parking areas on two (2) or more separate properties for joint use by the businesses or residents on those properties.

E.    Parking Space, Automobile: A space within a building or a private or public parking area, exclusive of driveways, ramps, columns, and office and work areas, for the parking of one automobile.

F.    Parking off-Street: An area, adjoining any use of land, which divided into automobile parking spaces.

PAWN SHOPS: A business dealing in or collecting used or second hand merchandise or personal property, which has been legitimately obtained.

PERSONAL SERVICES: 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.

PERSON: An individual, corporation, partnership, or incorporated association of individuals such as a club.

PET GROOMING: The grooming of small pets such as dogs and cats, provided that no more than five(5) animals may be on the premises at one time and that no lodging of animals is allowed.

PLANNING COMMISSION: The Huntington City Planning Commission.

PLAT: A map or other graphical representation of lands being laid out and prepared in accordance with Utah Code §10-9-603.

PRESCHOOL: The education or teaching of children including kindergarten preparation according to State Law.

PRELIMINARY PLAT: The preliminary drawings of a proposed subdivision, specifying the layout, uses, and restrictions.

PROPERTY: 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: The boundary line of a parcel or lot. On corner lots the property owner shall designate the front and side.

PROPERTY LINE, FRONT: That part of a parcel or lot, which abuts a street.

PUBLIC HEARING: A hearing at which members of the public are provided a reasonable opportunity to comment on the subject of the hearing.

PUBLIC MEETING: A meeting that is required to be open to the public under Utah Title 52, Chapter 4, Open and Public Meetings.

PUBLIC IMPROVEMENT: 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 effect a City improvement.

PUBLIC RIGHT OF WAY: An area of land that is legally described in a registered deed for the provision of public access.

PUBLIC SERVICE: 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: A street, including the entire right of way, which has been dedicated to and accepted by the City of Huntington or other governmental agency or which has been devoted to public use by legal mapping, use or other means.

PUBLIC UTILITY STATIONS: 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.

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: A graphic illustration of a survey of land prepared in accordance with state laws.

RECREATION CENTER: 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.

RECREATIONAL VEHICLE: 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): 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: A 28 U.S.C. 501(c)(3) non-profit 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: 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: A facility that is occupied by three (3) to five (5) 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, inpatient treatment, residential treatment, adult day care, day treatment, comprehensive mental health treatment, comprehensive substance abuse treatment, or domestic violence treatment as defined in 62A-1-116 UCA.

RESIDENTIAL FACILITY FOR THE ELDERLY: A long-term care residential facility for elderly persons. The term does not include a health care facility.

RESIDENTIAL SUPPORT: 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: A 24 hour group living environment for three (3) to nine (9) 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, 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 62A-1-116 UCA.

RESUBDIVISION: 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.

RIGHT-OF-WAY: 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: The streets, highways, roads, and rights-of-way designated on the streets Master Plan.

ROAD DEVELOPMENT: See Title 7 Chapter 6

ROAD, RIGHT-OF-WAY WIDTH: The distance between property lines measured at right angles to the centerline of the street.

ROOF: The building element, which covers the top of the structure as the walls enclose the sides.

RV STORAGE FACILITY: An enclosed outdoor space for storage of recreational vehicles such as motor homes, trailers, boats, and OHVs. Permitted in commercial and industrial zones with conditional use permit. Entire facility must be enclosed by an opaque fence or wall at least six feet (6') tall.

SANITARY SEWER AUTHORITY: The department, agency, or public entity with responsibility to review and approve the feasibility of sanitary sewer services or onsite wastewater systems.

SATELLITE RECEIVING STATION: 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, TVRO's or dish antennas. This definition does not include conventional television antennae.

SCHOOL, PRIVATE OR QUASI-PUBLIC: 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.

SCHOOL, PUBLIC: An educational facility operated by a school district or other public agency of the State of Utah.

SCREEN OR SCREENED: 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: 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.

SELF-STORAGE (OR SELF-SERVICE STORAGE) FACILITY: A structure or structures comprised of individual enclosed storage spaces (such as rooms, lockers, or other containers) rented to tenants, usually (but not necessarily) on a short-term basis. Tenants control access to their own storage spaces. Permitted in commercial and industrial zones with conditional use permit. The entire facility must be enclosed by an opaque fence or wall at least six feet (6') tall.

SENIOR CITIZEN CENTER: 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: The minimum required distance between the back of a curb to the foundation wall or base of a structure. On streets without curbs, the setback shall be measured from where it is anticipated that the curb will be placed.

SHOPPING CENTER, COMMUNITY (RETAIL BUSINESS): 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.

SHORT-TERM OR VACATION RENTAL: Any dwelling unit where, for compensation, lodging is provided for a period not to exceed twenty-nine (29) days.

SIGN: See Huntington City Code Title 9 chapter 9.

SITE DEVELOPMENT STANDARDS: Regulations unique to each zone concerning standards for development including, but not limited to lot areas, setbacks and building height.

SKETCH PLAT: 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: 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.

SOCIAL CLUB: A formal Tax-exempt association of people with similar interests. Includes guild, lodge or order, club or society organized for pleasure, recreation, and other nonprofitable purposes, substantially all of the activities of which are for such purposes.

A.    Private Club: A private club is a social club which serves alcoholic beverages and/or food.

B.    Civic club, Fraternal Organization: A civic club or fraternal organization is a social club which may include a meeting hall and cooking and dining facilities for large groups but shall not provide overnight lodging and does not serve alcoholic beverages.

SOLICITORS: A solicitor is 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: An entity established under the authority of Utah Title 17A, Special Districts, and any other governmental or quasi-governmental entity that is not a county, municipality, school district, or unit of the state.

STABLE:

A.    Private: A detached accessory structure used for the keeping and housing of livestock by the occupants of the premises.

B.    Public: A stable other than a private stable.

STORAGE LAND/ SEA CONTAINERS: 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.

STORY: A habitable level within a building serving to define the building height. Basements that emerge less than 4 ft from grade or attics not exceeding 4 ft at the kick wall shall not constitute an additional story.

STORY, HALF: 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: 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: The corridor defined by the stream's ordinary high water mark.

STREET: A private or public right-of-way, highway, avenue, boulevard, parkway, road, lane, walk, alley, viaduct, subway, tunnel, bridge, public easements, and other way.

A.    Street, access: A street that serves a small number of dwellings and usually does not allow through traffic. Usual ADT (average daily traffic) range is 0-250 vehicles.

B.    Street, Local: A street that provides for direct access to abutting land and for local traffic movements.

C.    Street, Private: 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.

D.    Street, Public: 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.

STREETSCAPE: 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.

STRUCTURE: 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".

STRUCTURAL ALTERATIONS: Any change in the supporting members of a building such as bearing walls, columns, beams, or girders.

STRUCTURE, PRE-EXISTING: A structure, which was legally constructed prior to (date of adoption).

STRUCTURAL ALTERATIONS: Any change in the supporting members of a building, such as bearing walls, columns, beams, or girders.

SUBDIVISION: See Huntington City Code, Title 9 chapter 12.

TECHNICAL NECESSITY: 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: A use, activity, vending cart, special event, or commercial use outside that is not permanent in nature.

TEMPORARY USE: A use, activity or special event that is not permanent in nature and after a designated time period ceases or is removed.

TELECOMMUNICATIONS: 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.

A.    Telecommunications Co-location: 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 freestanding structure of its own.

B.    Telecommunications Facility: A telecommunications facility of less than 35' in height consisting of antenna, equipment shelters, and related structures used for transmitting and/or receiving telecommunications and/or radio stations.

C.    Telecommunications Facility – Stealth: A telecommunications facility, which is disguised as another object or otherwise concealed from public view.

THEATER:

A.    Cinema: An enclosed building used primarily for the presentation of motion pictures.

B.    Concert Hall: A building or amphitheatre used primarily for the presentation of live stage productions or performances.

TRAILER TRAVEL: See Recreational Vehicle.

TRANSFER STATION: A facility designed for the transfer and transport of solid waste. TRAVEL PARK: See Recreational Vehicle Park.

UNINCORPORATED: The area outside of the incorporated boundaries of cities and towns

USE: 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, PRE-EXISTING: A use, which validly existed prior to (date of adoption) and has not been abandoned for more than six (6) months.

VENDING CART: A small wheeled, non-motorized vehicle from which to sell food and/or merchandise for immediate consumption or use.

WAREHOUSE STORAGE FACILITY: A building in which goods, merchandise, or equipment is stored for eventual distribution or use, or in which storage space is rented. Permitted in commercial and industrial zones with conditional use permit.

WAREHOUSE STORAGE UNITS: A building in which goods, merchandise, or equipment are stored for eventual distribution, or for which storage space is rented.

YARD: An open space on a lot, unoccupied and unobstructed from the ground upward.

A.    Yard. Front: 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.

B.    Yard, Rear: 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.

C.    Yard, Side: An open, unoccupied space, except as otherwise provided in this ordinance, 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: A 24-hour group living environment for three (3) to five (5) 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 Chapter 62A UCA. Youth Home shall not include facilities for the following: secure treatment, inpatient 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 62A UCA.

YOUTH PROGRAM: A nonresidential program, designed to provide behavioral, substance abuse or mental health services to minors that:

A.    serves either adjudicated or non-adjudicated youth;

B.    charges a fee for its services;

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

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

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

F.    prohibits or restricts a minor's ability to leave the program at any time of his own free will

G.    "Youth Program" does not include recreational programs such as Boy Scouts, Girl Scouts, 4-H, and other such organizations.

ZONING MAP: 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. 4-2023, 9-20-2023; Ord. 12-2019, 11-20-2019; Ord. 7-2019, 7-17-2019; Ord. 6-2019, 7-17-2019)