Chapter 18.05
DEFINITIONS1

Sections:

18.05.010    Description.

18.05.020    Words not defined.

18.05.030    Definition of terms.

18.05.010 Description.

For the purposes of this title, certain words and terms have meaning in a broad context: words used in the present tense shall include future and past tenses; words used in singular number shall include the plural, and the plural shall include the singular; the word “used” or “occupied” shall include “arranged,” “designed,” “constructed,” “altered,” “converted,” “rented,” “leased,” or intended to be used or occupied; the word “shall” is mandatory and not directory, and the word “may” is permissive; the word “person” includes a “firm,” “association,” “organization,” “partnership,” “trust,” “company,” or “corporation,” as well as an individual. The word “lot” includes the words “plot” or “parcel.” [Amended during 2011 recodification. Code 1997 § 12-115-05.]

18.05.020 Words not defined.

Words in this title but not defined herein shall have meaning as defined in any other ordinance adopted by the city if such definition exists within another ordinance. If a word or phrase is not defined in this title, or any other ordinance adopted by the city, then that word or phrase shall be interpreted according to its plain and ordinary meaning as defined by dictionary. Words or phrases must also be interpreted in harmony with other provisions of the Riverton City Code. Where ambiguity exists, legislative history and other resolutions, ordinances, or policies adopted by city elected or appointed officials may be considered for guidance. [Amended during 2011 recodification. Code 1997 § 12-115-10.]

18.05.030 Definition of terms.

Unless the context requires otherwise, the following definitions shall be used in the interpretation and construction of this title:

“Adjacent landowners” means any property owner of record according to the records of the county recorder, whose property adjoins or abuts. Lands separated by a public right-of-way, easement or private access way shall be considered as adjacent for the purposes of this title.

“Agricultural industry or business” means an industry or business involving agricultural products in packaging, treatment, sales, intensive feeding, or storage, including but not limited to animal feed yards, fur farms, commercial milk production, food packaging or processing plants, commercial poultry or egg production, and similar uses as determined by the planning commission.

“Agriculture” means the tilling of the soil, the raising of crops, horticulture and gardening, including the grazing and pasturing of domestic animals, but not including any agricultural business or industry.

“Alley” means a public thoroughfare less than 25 feet wide.

“Animals and fowl for recreation and family food production” means the keeping of animals for the exclusive use of persons residing on the lot; provided, that the number of animal units maintained for food production at any one time shall not exceed that required to supply the household needs for a one-year period.

Animal Unit. Each horse and cow or other similar large domestic animal shall be counted as one animal unit. Each medium size domestic animal such as sheep and goats shall be counted at a ratio of five per animal unit. Small domestic animals and fowl shall be counted at a ratio of 10 per animal unit, except dogs and cats.

“Attached garage/structure” means a structure or garage that shares a minimum of 50 percent of at least one common wall with the main dwelling.

“Basement” means enclosed room or space, fully or partially underground. A basement shall be counted as an above-ground story if it is one-half or more above finished grade.

“Block” means the land surrounded by streets and other rights-of-way other than an alley, or land designated as a block on any recorded subdivision plat.

“Boardinghouse” means a building with not more than five guest rooms where, for compensation, meals are provided for at least five but not more than 15 persons.

Bona Fide Division of Agricultural Land for Agricultural Purposes. The division of agricultural land into three or more lots may be made upon written petition of such findings as follows by a landowner, and for which the planning commission makes the following findings:

(a) No urban services will be required for said division of agricultural land.

(b) The purpose and use of each of the lots in the division shall be for agriculture, not for investment, building development, recreational use, cabin or other housing use, livestock feed yard, or agricultural industry or business.

(c) Each of the parcels created has access to an existing public street or to a private street approved by the planning commission and the city council.

(d) Each of the lots created shall be found to be capable of producing an income from the sales of agricultural products sufficient to justify its existence as a separate agricultural entity now or in the future. Among the controlling factors used in making a decision as to whether a division of land is or is not a bona fide division or partition of agricultural purposes, the planning commission and the city council shall make findings as to the availability of water for irrigation or stock watering purposes; the class of the soil and the depth of the soil mantle; the slope of the land; past history of agricultural production, and the present state of agricultural technology.

(e) The division shall not result in the creation of any lots or parcels less than five acres in area.

“Building” means any structure having a roof supported by columns or walls for the housing or enclosure of persons, animals or chattels.

“Building, accessory” means a detached subordinate building clearly incidental to and located upon the same lot occupied by the main building.

“Building height” means the vertical distance from the average finished grade surface to the highest point of the building roof or coping.

“Building line” means a line parallel to the front, side or rear lot line and established at the point where that lot line is closest to any part of the building or structure exclusive of the ordinary projections of skylights, sills, belt courses, cornices, chimneys, flues and ornamental features which do not project into a yard more than two and one-half feet, and open or lattice-enclosed fire escapes, fireproof outside stairways and balconies open upon fire towers which do not project into a yard more than five feet.

“Building, main” means the principal building or one of the principal buildings housing a principal use upon a lot.

“Building occupancy front” means that side of a commercial or industrial building which is normally the primary access or architectural front of the structure. Only one building occupancy frontage can be designated for each public street that abuts the property and each such designation shall be subject to approval of the planning commission.

“Building official” means individuals designated by the city council to handle code compliance.

“Carport” means a structure at least 20 feet by 20 feet for sheltering vehicles not completely enclosed by walls or doors. For the purposes of this title, a carport shall be subject to all of the regulations prescribed for a private garage.

“Check cashing” means cashing a check for consideration or extending a deferred deposit loan and shall include any other similar types of businesses licensed by the state pursuant to the Check Cashing Registration Act, including deferred deposit lenders, as defined herein. “Check cashing” shall not be construed to include the activities of depository institutions or persons who cash a check in a transaction that is incidental to the retail sale of goods or services for consideration that does not exceed the greater of one percent of the amount of the check or $1.00.

“City” means Riverton City, Utah, Municipal Corporation, a body politic with perpetual existence unless disincorporated according to Utah law.

“City council” means the city council of Riverton City, Utah.

“City engineer” means any registered civil engineer so appointed or employed by the city council.

“Conditional use” means a use of land for which a conditional use permit is required, pursuant to this title.

“Condominium” means the ownership of a single unit in a multi-unit project, together with an undivided interest in the common areas and facilities of the property. For regulation purposes, the development of a condominium project is treated by Utah state law and by this code as a subdivision, and condominium developments must comply with the subdivision regulations of this code.

“Cul-de-sac” means a minor terminal street provided with a turnabout.

“Dedication” means land set aside by an owner for any general and public uses, reserving for himself no other rights than such as are compatible with the full exercise and enjoyment of the public uses to which the property has been devoted. The intention to dedicate shall be evidenced by the owner through the presentment for filing of a plat showing the dedication thereon.

“Deferred deposit loan” means a transaction where:

(a) A person:

(i) Presents to a deferred deposit lender a check written on that person’s account; or

(ii) Provides written or electronic authorization to a deferred deposit lender to effect a debit from that person’s account using an electronic payment; and

(b) The deferred deposit lender:

(i) Provides the person described above an amount of money that is equal to the face value of the check or the amount of the debit less any fee or interest charged for the transaction; and

(ii) Agrees not to cash the check or process the debit until a specific date.

“Dwelling” means any building, or portion thereof, which is designed for use for residential purposes, except hotels, apartment hotels, boardinghouses, lodging houses, tourist courts, and mobile homes.

“Dwelling, farm or ranch” means a building to provide housing for migratory or temporary farm workers, persons permanently working on a farm or ranch, or for family members of the main household who are engaged full-time in operating a farm or ranch.

“Dwelling, multifamily” 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 two dwelling units.

“Dwelling unit” means a building, or a portion thereof, designed for single-family residential occupancy meeting all requirements of this code and which has at least one kitchen and one bathroom, but not including garages or other accessory structures, travel trailers, campers, or motor homes. All space within a dwelling unit shall be contiguous, and accessible without exiting the dwelling unit, and may not be separated from the dwelling unit by or only accessible through garage space.

“Easement” means that portion of a lot or lots reserved or granted for the present or future use by a person or agency other than the legal owner or owners of said properties. The easement may be for use under, on or above the surface of said lot or lots.

“Family” means one person living alone or four or more persons related by blood, or related by marriage or adoption, according to the laws of the state of Utah; or a group not to exceed four unrelated persons living together as a single housekeeping unit.

“Final plat” means the final drawing of a subdivision and dedication prepared for filing with the Salt Lake County recorder being in compliance with all the requirements set forth in this title.

“Frontage” means the property fronting one side of the street between intersecting or interception streets, or between a street and a right-of-way, waterway, end of dead-end street, or political subdivision boundary; measured along the street line. An intercepting street shall determine only the boundary of the frontage on the side of the street that it intercepts.

“Garage, private” means a building at least 20 feet by 20 feet designed or used for the storage of not more than four automobiles owned and used by the occupants of the building to which it is accessory; provided, that on a lot occupied by a multiple dwelling, the private garage may be designed and used for the storage of one and one-half times as many automobiles as there are dwellings units in the multiple dwelling.

“Garage, public” means a building or a portion thereof, other than a private garage, designed or used for servicing, repairing equipment, hiring, selling or storing motor-driven vehicles.

“Geographic information system (GIS)” is an organized collection of computer hardware, software, geographic data, and personnel designed to efficiently capture, store, update, manipulate, analyze, and display all forms of geographically referenced information. Riverton City utilizes ArcView/ArcInfo and compatible systems and data.

“Geographic information system (GIS) data” means locational and descriptive data of geographic features, in a format compatible with ArcView and ArcInfo software and hardware.

“Guest house” means a separate dwelling structure without kitchen facilities located on a lot with one or more main dwelling structures and used for housing of guests or servants, but not rented, leased, or sold separate from the rental, lease, or sale of the main building.

“Home occupation” means a use conducted by persons residing on the same lot as their dwelling, which use is clearly incidental and secondary to the use of the premises for residential purposes and which does not change the residential character thereof, and in connection with, any display of merchandise, stock in trade or trade equipment does not detract from the established neighborhood environment. In general, a home occupation is an accessory use so located that the average neighbor, under normal conditions, would not be aware of its existence.

“Household pet” means an animal or fowl ordinarily permitted in the house, and kept for company or pleasure, such as dogs, cats, canaries, but not including a sufficient number of animals to constitute a kennel as defined in this title.

“Improved frontage” means improvements including, without limitation, curb, gutters, sidewalks, paved streets (including tie-in to curb and gutter), stormwater facilities, piped irrigation systems, water lines, fire hydrants and sewer lines installed across the full lot width on all public streets, and private streets approved by the city council.

“Junkyard” means the use of any lot, portion of a lot, or tract of land for the storage, keeping, or abandonment of junk, including scrap metal or other scrap material, or for the dismantling, demolition or abandonment of automobiles or other vehicles, or machinery or parts thereof; provided, that this definition shall be deemed not to include such uses which are clearly accessory and incidental to any agricultural use permitted in the zone.

“Kennel” means the keeping of three or more dogs or cats six months old.

“Lot” means a parcel of land occupied or to be occupied by a building or group of buildings, together with such yards, open spaces, lot width and lot area as are required by this title, having improved frontage upon a public street or an improved private right-of-way.

“Lot area” means the total gross land area of a parcel of land not including street right-of-way dedicated to the public.

“Lot, corner” means a lot abutting on two intersecting or intercepting streets, where the interior angle of the intersection or interception does not exceed 130 degrees.

“Lot depth” means the horizontal distance between the front and the rear lot lines measured in the main direction of the side lot lines.

“Lot line, front” means, for an interior lot, the lot line adjoining the street, for the corner lot or through lot, the lot line adjoining either street, as elected by the lot owner.

“Lot line, rear” means, ordinarily, that line of a lot which is opposite and distant from the front line of the lot. In the case of a triangular, or gore-shaped lot, a line 10 feet in length within the parcel, parallel to and at a maximum distance from the front lot line. In cases where these definitions are not applicable, the building inspector shall designate the rear lot line.

“Lot line, side” means any lot boundary line that is not a front or rear lot line. A side lot line separating a lot from another lot or lots is an interior side lot line; a side lot line separating a lot from a street is a front lot line.

“Lot width” means the horizontal distance between the side lot lines, measured at the required front yard setback line or rear yard setback line, whichever is shorter.

“Master plan” means the official plan adopted by the city pursuant to Section 10-9-20, Utah Code Annotated 1953.

“Master street plan” means a plan labeled “Master Street Plan of the City,” adopted by the city pursuant to the laws of the state of Utah.

“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 or both, 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. Pre-sectionalized, modular, or prefabricated houses not placed on permanent foundations shall be regarded as mobile homes. If placed upon a permanent foundation, such structures that meet all applicable building and housing codes shall not be considered as mobile homes, but shall be regulated as conventional housing.

“Mobile home lot” means a lot within a mobile home subdivision, designed and to be used for the accommodation of one mobile home.

“Mobile home park” means a space designed and approved by the local jurisdiction for occupancy by mobile homes, to be under a single ownership or management, and meeting all requirements of this title.

“Mobile home space” means a space within a mobile home park, designed and to be used for the accommodation of one mobile home.

“Mobile home subdivision” means a subdivision designed and intended for residential use where the lots are to be individually owned or leased, and occupied by the mobile homes exclusively.

“Modular home” means a permanent dwelling structure built in prefabricated units, which is assembled and erected on the site, or at another location and brought as a unit to the site; said modular home is classified as a mobile home until it is placed on a permanent foundation and complies with all applicable building codes.

“Motel” means a building or group of buildings for the drive-in accommodation of transient guests, comprised of individual sleeping or living units, and designed and located to serve the motoring public.

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

“Noncompatible use of land” or “noncompatible zone” means a use of land or zone that is determined to be or of potentially being in conflict with, or of adverse impact to, adjoining parcels. Adjoining uses which differ in activity, intensity and utilization or which are contrary to harmonious uses may be determined as noncompatible at the discretion of the planning commission, and shall include without limitation:

(a) The shared border between any residential zone, other than rural residential zone, and:

(i) A rural residential zone,

(ii) An agricultural zone,

(iii) Any commercial zone,

(iv) Any professional office zone;

(b) The shared border between any commercial zone and any noncommercial zone;

(c) The shared border between any planned community zone and any other zone;

(d) The shared border between any industrial zone and any other zone.

“Nonconforming building or structure” means a structure that legally existed before its current land use designation; and because of one or more subsequent land use ordinance or zoning changes, the building or structure no longer conforms to the setback, height restrictions, or other regulations, excluding those regulations which govern the use of land.

“Nonconforming use” means the use of land that legally existed before its current land use designation, has been maintained continuously since the time the land use ordinance governing the land has changed, and because of one or more subsequent land use ordinance changes the use does not conform to the regulations that now govern the use of the land.

“Official map” means a map adopted by the city council under the provisions of Utah state law.

“Parking lot” means an open area, other than a street, used for parking of more than four automobiles and available for public use, whether free, for compensation, or as an accommodation for clients or customers.

“Parking space” means space within a building, lot, or parking structure for the parking or storage of one automobile.

“Person” means any individual, corporation, partnership, firm, or association of individuals, however styled or designated.

“Planned unit development (PUD)” means an integrated design for development of residential, commercial, or industrial uses, or limited combinations of such uses, in which the density and location regulations of the district in which the development is situated may be varied or waived to allow flexibility and initiative in site and building design and location, in accordance with an approved plan and imposed requirements.

“Planning commission” means the planning commission of Riverton City, Utah.

“Plat” means a map or depiction of a subdivision, showing thereon the division of a tract or parcel of land into lots, blocks, streets, and alleys or other divisions and dedications.

“Protection strip” means a strip of land bordering both the boundary of a subdivision and a street within the subdivision, but not at the end of a street, which, if approved by agreement with the city council, may be held by the subdivider for the purpose of controlling the access of property by owners abutting the subdivision.

“Public use” means any use owned or controlled by federal, state, or local government.

“Quasi-public use” means any use not for profit, which, in the opinion of the planning commission and city council, benefits the public as a whole.

“Recreational coach” means a vehicle such as a recreational trailer, tent camper trailer, truck camper, travel trailer, camp car, or other vehicle with or without motor power, designed and/or constructed to travel on the public thoroughfare in accordance with the provisions of the Utah Vehicle Code, designed and for use of human habitation.

“Story” means the space within a building included between the surface of any floor and the surface of the ceiling next above it.

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

“Street” means a thoroughfare which has been dedicated or abandoned to the public and accepted by the proper public authority, or a thoroughfare not less than 30 feet wide which has been made public by right of use and which affords the principal access to the abutting property, and/or provides vehicular circulation.

“Street, collector” means a street, existing or proposed, of considerable continuity, which is the main means of access of the major street system.

“Street, major” means a street, existing or proposed, which serves, or is intended to serve, as a major traffic way, functioning as a controlled-access highway, expressway, thoroughfare, or other equivalent use comprising the basic structure of the vehicular circulation system.

“Street, marginal access” means a minor street which is parallel to and adjacent to a limited access major street and which provides access to abutting properties and protection for through traffic.

“Street, minor” means a street, existing or proposed, which is supplementary to a collector street and of limited continuity which serves or is intended to serve the local needs of a neighborhood.

“Street, private” means a thoroughfare within a subdivision which has been reserved by dedication to the subdivider to lot owners to be used as a private access to serve the lots platted within the subdivision. Private streets shall comply with the adopted street construction standards of the city and shall be maintained by the subdivider or other private agency.

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

“Structure” means anything constructed or erected either above or below ground, which requires location on the ground attached to something having a location on the ground.

“Subdivider” means any person, including a corporate person, who undertakes to create a subdivision.

“Subdivision” means the division created since regulations were promulgated in the local jurisdiction of any tract, lot or parcel of land as an undivided tract by one individual or by joint tenants in common or by an entirety, into three or more lots, plots, sites, or other division of land for the purpose, whether immediate or future, of sale, lease, or of building development. This definition shall not include bona fide division or partition of agricultural land larger than five acres for agricultural purposes nor shall it include or apply to any cemetery or burial plot, while used for that purpose, or the allocation of land in the settlement of an estate, or to a court decree for the distribution of property. The word “subdivide” and any derivative thereof shall have reference to the term “subdivision” as herein defined.

For the purpose of these regulations, a subdivision of land shall include: (a) the dedication of a road, highway or street through a tract of land which may create a division of lots or parcels constituting a subdivision except for a bona fide division for agricultural purposes; (b) further division of land heretofore divided or platted into lots, sites, or parcels for the purpose of building development whether immediate or future.

“Subdivision, cluster” means a subdivision of land in which the residential lots have areas less than the minimum lot area of the zone in which the subdivision is located, but which complies with the least provisions of this title, and in which a significant part of the land is privately reserved or dedicated as permanent open space.

“Subdivision, large lot” means a subdivision of land where parcel sizes are one acre or larger, but which do not meet the requirements of division for agriculture.

“Subdivision, minor” means the division of land that meets the following conditions:

(a) The subdivision consists of fewer than five lots.

(b) The subdivision has sufficient frontage on an existing public street to meet the minimum width requirements for each lot as provided in this title.

(c) The subdivision is not traversed by the mapped lines of a proposed street or a street to be widened, as shown on the master plan, major street plan, or on the official map.

(d) Each of the lots in the subdivision meets width and area requirements of this title, or has been granted a variance from such requirements by the board of adjustment, under power of the board granted in this title and Chapter 2.80 RCC.

(e) The lots are not part of a minor subdivision approved less than three years earlier.

“Subdivision, one lot” means the creation of a single lot being the third or more division of land from the original parcel.

“Subdivision, planned development” means the creation of three or more land uses or separate land parcels which may or may not continue to be held by the subdivider for sale or lease as part of an approved plan where development, maintenance, and ownership of land and improvements are defined by agreement with all users of the parcels. Condominiums, planned unit developments, cluster subdivisions, and similar projects shall be classified as planned development subdivisions for the purposes of this title.

“Title loan” means a loan secured by the title to a motor vehicle, mobile home, or motor boat, as defined by state statute. “Title loan” does not include a purchase money loan or loan made in connection with the sale of a motor vehicle, mobile home, or motor boat.

“Tobacco paraphernalia” means cigarette papers or wrappers, pipes, holders of smoking materials of all types including water-based or “hookah” pipes, and any other item designed for the smoking, ingestion, or preparation of tobacco products.

“Tobacco products” means any substance containing any tobacco leaf, including but not limited to cigarettes, cigars, bidis, pipe tobacco, snuff, chewing tobacco, and smokeless tobacco.

“Tobacco retailer” means any person or business who sells, exchanges or offers to sell or exchanges for any form of consideration tobacco, tobacco products, and/or tobacco paraphernalia, and either devotes 20 percent or more floor area or display area to, or derives 75 percent or more of gross sales receipts from, the sale or exchange of tobacco products and/or tobacco paraphernalia.

“Tourist court” means any building or group of buildings containing sleeping rooms, with or without fixed cooking facilities, designed for temporary use by automobile tourists or transients, with a garage attached or parking space conveniently located to each unit, including auto courts, motels, or motor lodges.

“Trailer camp” means any area or tract of land used or designed to accommodate two or more automobile trailers or camping parties.

“Use, accessory” means a subordinate use customarily incidental to and located upon the same lot by a main use.

“Use, main” means the principal function or use of the land and/or building or structure.

“Yard” means a space on the lot, other than a court, unoccupied and unobstructed from the ground upwards, by buildings, except as otherwise provided therein.

“Yard, front” means a space extending across the full width of a lot, between the front building line and the front lot line. The depth of the front yard is the minimum distance between the front lot line and the front building line.

“Yard, rear” means a space extending across the full width of a lot, between the rear building line and the rear lot line. The depth of the rear yard is the minimum distance between the rear lot line and the rear building line.

“Yard, side” means a space extending along the full depth of a lot between the side building line and the side lot line. The width of the side yard shall be the minimum distance between the side lot line and the side building line.

“Zoning ordinance” means this title as adopted and amended by the city council. [Ord. 18-22 § 1 (Exh. A); Ord. 15-02 § 1 (Exh. A); Ord. 14-18 § 1 (Exh. A); Ord. 11-17 § 1 (Exh. A); Amended during 2011 recodification; Ord. 10-02 § 1 (Exh. A); Ord. 5-1-01-1 § 1 (Exh. A). Code 1997 § 12-115-15.]


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Cross-reference: Definitions, RCC 17.05.030.