Chapter 17.10
DEFINITIONS

Sections:

17.10.010    Explanation.

17.10.020    Definitions.

17.10.010 Explanation.

Unless the context requires otherwise, the following definitions shall be used in the interpretation and construction of this title. Words used in the present tense include the future, the singular number shall include the plural, and the plural, the singular; the word “building” shall include the word “structure”; the word “used” shall include arranged, designed, constructed, altered, converted, rented, leased, or intended to be used; and the word “shall” is mandatory and not directory.

Whenever any of the following terms are used, it shall mean the corresponding official, department, or commission of West Point City, Utah, herein referred to as the city: mayor, city council, city recorder, city planning commission, building inspector, zoning administrator. In each case the term shall be deemed to include an employee of any such officer or department of the city who is lawfully authorized to perform any duty or exercise any power as his or its representative or agent. [Code 2000 § 17-2-1].

17.10.020 Definitions.

“Accessory use or structure” means a use or structure subordinate to the principal use of a building or principal use on the same lot, and serving a purpose customarily incidental to the use of the principal building or use. Garden sheds, greenhouses, storage shelters, and covered patios that are not equipped for use as living quarters are accessory buildings.

“Agent” or “owner” means any person who is legally authorized to act for the property owner.

“Agriculture” means the tilling of the soil, the raising of crops, horticulture and gardening, but not including the keeping or raising of farm animals and fowl, except household pets, and not including any agricultural industry or business, such as fruit packing plants, fur farms, animal hospitals, greenhouses, or similar uses.

“Alley” means a public right-of-way less than 30 feet wide.

“Amusement arcade” means a building or part of a building in which four or more mechanical or electronic amusement devices are offered for use.

“Animal hospital” means a place where animals or pets are given medical or surgical treatment and the boarding of animals is limited to short-term care incidental to the hospital use.

“Apartment, efficiency” means a dwelling unit in a multifamily building consisting of not more than one habitable room, together with cooking and sanitary facilities.

“Apartment hotel” means any building which contains dwelling units and also satisfies the definition of a hotel.

Apartment House. See “dwelling, multiple.”

“Automobile or trailer sales area” means an open area used for display, sale, or rental of new or used motor vehicles, trailers, or mobile homes in operable condition, and where no repair work is done.

“Automobile repair, major” means general repair, rebuilding, or reconditioning of engines, motor vehicles or trailers, collision service, including body, frame, or fender repair, or overall painting.

“Automobile repair, minor” means upholstering, replacement of parts and motor service to passenger cars and trucks not exceeding one-and-one-half-tons capacity, but not including other operations, named under “automobile repair, major,” or similar thereto as determined by the building inspector.

“Automobile service station” means a place where gasoline or other major fuel or lubricating oil or grease for operating motor vehicles is offered for sale to the public and deliveries are made directly into motor vehicles, and where services are performed to include tube and tire repair, battery charging, storage of merchandise, lubricating of automobiles, and automobile washing, and not to include repairs performed of a minor or major type, except replacement of plugs, lights, fan belts, and other small parts.

“Basement” means a story whose floor is more than 12 inches below the average level of the adjoining ground, but where no more than one-half of its floor-to-ceiling height is below the average contact level of the adjoining ground (as distinguished from a “cellar”).

“Beginning of construction” means demolition, elimination, and removal of an existing structure preparatory to new construction, or the incorporation of labor and materials in the foundation of a building or buildings.

“Boarding or lodging house” means a dwelling or part thereof where meals and/or lodging are provided, for compensation, for three or more nontransient persons, other than members of the resident family.

“Building” means any structure having a roof supported by columns or walls, used or intended to be used for the shelter or enclosure of persons, animals, or property.

“Building height” means the vertical distance from the finished grade of the ground to the highest point of the structure.

“Building, main” means a building in which is conducted the principal use of the building site on which it is situated. In any R district, any dwelling shall be deemed to be a main building on the building site on which it is located.

“Carport” means a roofed structure providing space for the parking or storage of motor vehicles and enclosed on not more than two sides.

“Cellar” means a room or space wholly under the surface of the ground, or having more than 50 percent of its floor-to-ceiling height under the average level of the adjoining ground.

“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 those with titles such as pay day loans. No check cashing or deferred deposit loan business shall be located within 1,000 feet of any other check cashing business. Distance requirements defined in this definition shall be measured in a straight line, without regard to intervening structures or zoning districts, from the entry door of each business. One check cashing or deferred deposit loan business shall be allowed for every 8,000 citizens living in West Point City.

“Child” means the child of a person other than the provider of child care.

“Child care” means continuous care and supervision of five or more children under 14 years of age, in lieu of care ordinarily provided by parents in their own home, for less than 24 hours a day, for direct or indirect compensation.

“Cluster subdivision” means a subdivision of land guided by an integrated design in which residential lots may have areas less than the minimum lot area of the zone in which the subdivision is located, and other regulations, except use regulations, may be waived or varied to allow flexibility and initiative in site and building design and location, in accordance with an approved plan and imposed general requirements.

“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 or may be compatible only if certain conditions are required that mitigate or eliminate the detrimental impacts.

“Condominium” means the ownership of a single unit in a multi-unit project or structure together with an undivided interest in common in the common areas and facilities of the property.

“Court” means 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.

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

“Crawl space” means the uninhabitable area of a structure lying between the ground and the bottom of the main floor.

“Crop and tree farming” means the raising for commercial purposes of any field crops or wholesale nursery or greenhouses including necessary buildings incidental to such crop, but not including a building for retail sales.

“Dairy” means a commercial establishment for the manufacture and packaging of dairy products.

“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 USC 802.

“Distance between residential structures” means the shortest distance between the vertical walls of two residential structures as herein defined.

“District” means a portion of the territory of West Point City within which certain uniform regulations and requirements of various combinations thereof apply under the provisions of this title. Includes “zone” and “zoning district.”

“Driveway” means a private road, the use of which is limited to persons residing, employed, or otherwise using or visiting the parcel on which it is located.

“Dwelling” means any building or portion thereof designed or used exclusively as the residence or sleeping place of one or more persons, but not including a tent or trailer.

“Dwelling, condominium” means a dwelling whose ownership conforms with the definition of “condominium” herein.

“Dwelling, multiple” means a building or portion thereof designed for or used exclusively as a residence by two or more families, living independently of one another.

“Dwelling, single-family” means a building designed for or used exclusively as a residence by one family.

“Dwelling, townhouse” means an attached or semi-attached building containing a single dwelling unit and located on a parcel of land in one ownership and having any yard or court in common.

“Dwelling, twin home” means a building designed and used as a residency by two families and for which each dwelling unit and its lot may be owned separately from the other dwelling unit and lot.

“Dwelling, two-family” or “duplex” means a building designed for or used exclusively as a residence by two families, living independently of one another.

“Dwelling group” means a group of two or more detached buildings used as residences located on a parcel of land in one ownership and having any yard or court in common.

“Dwelling unit” means one room, or suite, or two or more rooms, designed for or used by one family for living and sleeping.

“Elderly person” means a person who is 60 years of age or older, who desires or needs to live with other elderly persons in a group setting, but who is capable of living independently.

“Facility, child care” means a facility which provides care, supervision, and guidance for children unaccompanied by a parent or guardian for periods less than 24 hours per day.

“Facility, residential child care” means a child care facility operated in a residential premises.

“Family” means an individual, or two or more persons related by blood, marriage, or adoption, or a group of not more than four persons (excluding servants) who are not related, living in a dwelling unit as a single housekeeping unit and using common cooking facilities.

“Financial institution” means a state or federally chartered bank, savings association, credit union, or industrial land company located in a building, or portion of a building, which provides for the custody, loan, exchange, or issue of money, the extension of credit, or facilitating the transmission of funds, and which may include accessory drive-up customer service facilities on the same premises. This does not include small loan businesses or check cashing facilities.

“Front lot line” means the boundary of a lot that coincides with the right-of-way line of the street on which the lot has frontage. There is only one front lot line.

“Garage, private” means a detached accessory building, or a portion of a main building, used, or intended to be used, for the storage of vehicles of persons occupying the main building on the lot.

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

“General plan” means a document that a municipality adopts that sets forth general guidelines for proposed future development of the land within the municipality.

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

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

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

3. For buildings having no walls adjoining the street, the average elevation of the ground (finished surface) adjacent to the exterior walls of the building.

“Home occupation” means a commercial or industrial activity conducted on a dwelling site and incidental and secondary to the dwelling use.

“Hospital” means an institution providing primary health services and medical or surgical care to persons, primarily inpatients, suffering from illness, disease, injury, deformity and other abnormal physical or mental conditions, and including, as an integral part of the institution, related facilities such as laboratories, outpatient facilities, or training facilities.

Hotel. See “motor hotel.”

“Household pets” means animals and fowl which are customarily allowed in the home for the sole pleasure and enjoyment of the occupants, but not raised or kept for commercial purposes, or for food.

“Junk yard” means the use of any lot, portion of lot, or tract of land for the long-term storage, keeping, or abandonment of automobiles, other vehicles, or machinery or parts thereof; provided, that this definition shall not be deemed to include such uses that are clearly accessory and incidental to any agricultural use permitted in the district.

“Kennel” means any lot or premises on which three or more dogs (or similar household pets) at least four months old are kept.

“Landscaping” means the structured installation of living materials (i.e., lawn, ground cover, annual and perennial flowering plants, vines, shrubs, and trees) and may include nonliving materials. The use of water (i.e., pools, fountains, falls, and streams) and sculptures are also included as landscape design materials.

Lodging House. See “boarding or lodging house.”

“Lot” means a piece or parcel of land having frontage on a public street, or approved private street, which may be occupied by a principal building or a group of such buildings and accessory buildings, together with such open spaces as required by this title, intended to be held in separate ownership or leasehold.

“Lot, corner” means a lot abutting on two or more intersecting or intercepting streets.

“Lot, flag” means a lot which meets all minimum size requirements for the zone in which it occurs, but which exists mostly behind another lot, and which has access to a dedicated street by way of a projection of at least 30 feet in width. Two flag lots with projections side by side may each have projections 18 feet or greater in width (for a total of not less than 36 feet) and share a common paved driveway 20 feet or more in width covered by an easement so that the drive cannot be divided.

Lot, Through. “Through lot” or “double frontage lot” shall mean having a frontage on two parallel or approximately parallel streets. Said lots for purposes of this title shall have two street frontages and two front yards.

“Manufactured home” means a dwelling unit fabricated in an off-site manufacturing facility for installation or assembly at the building site, bearing a label certifying that it is built in compliance with the Federal Manufactured Housing Construction and Safety Standards Act which became effective June 15, 1976, together with all amendments thereto.

“Manufactured home park” means a parcel of land under single ownership on which two or more manufactured homes are located.

“Manufactured home subdivision” means a subdivision designed and intended for sale of lots for siting manufactured homes.

“Mobile home” means a transportable, factory-built home, designed to be used as a year-round residential dwelling and built prior to enactment of the Federal Manufactured Housing Construction and Safety Standards Act of 1974, which became effective June 15, 1976, together with all amendments thereto.

Motel. See “motor hotel.”

“Motor hotel,” including “motel” and “hotel,” means a building or group of buildings for the accommodation of transient guests, comprising individual sleeping or living units.

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

“Nonconforming structure” means a structure that legally existed before its current zoning designation and, because of subsequent zoning changes, does not conform with the zoning regulation’s setback, height restrictions, or other regulations that govern the structure.

“Nonconforming use” means a use of land that legally existed before its current zoning designation; has been maintained continuously since the time the zoning regulation governing the land changed; and, because of subsequent zoning changes, does not conform with the zoning regulations that now govern the land.

“Off-highway vehicle” or “off-road vehicle” (OHV or ORV) means any motorized vehicle not licensed for use on public roadways, with the exception of agricultural machinery and devices for persons with disabilities as protected under state and federal statute. Examples include, but are not limited to: snowmobiles, motorcycles, all-terrain vehicles (ATVs), go-carts, motorized scooters, and amphibious craft.

“Office, business” means a place intended for the conduct of the administrative function of a business enterprise and in which no goods or merchandise are stored or sold.

“Office, professional” means a place intended for the conduct of a recognized learned profession in most cases requiring a license, such as physician, dentist, chiropractor, lawyer, engineer, architect, or accountant.

“Operator” means a person who has a contract with the Utah Department of Human Services to operate or who operates a residential facility for handicapped persons.

“Parking area, private” means an open space for the same uses as a private garage.

“Parking area, public” means an open area used for the parking of automobiles and available to the public whether for a fee, free, or as an accommodation for clients or customers.

“Parking space” means a permanently surfaced area of not less than 180 square feet in area, either within a structure or in the open, excluding paved areas necessary for access under the provisions of this title, for the parking of a motor vehicle.

“Preschool” means an educational facility which provides care, supervision, and guidance for children unaccompanied by a parent or guardian for periods less than four hours per day.

“Public use” means a use owned and/or operated exclusively by a public body, or quasi-public body, having the purpose of serving the public health, safety, or general welfare, and including uses such as public schools, parks, playgrounds, and other recreational facilities, administrative and service facilities, and public utilities.

“Public utility” means a public or quasi-public agency, or its structures and facilities, established to provide water, power, gas, sewer systems, and other public services, and who construct and maintain structures and facilities for their distribution or storage.

“Quasi-public use” means a use operated by a private nonprofit, religious, recreational, charitable, or philanthropic institution, such use having the purpose primarily of serving the general public, such as a church, private university, or similar use.

“Rear lot line” is any line that is not part of a front or side lot line.

“Recreation, commercial” means recreation facilities operated as a business and open to the general public for a fee.

“Recreation, private, noncommercial” means clubs or recreational facilities, operated by a nonprofit organization and open only to bona fide members of such nonprofit organization and their guests.

“Recreation, public” means publicly owned or operated recreation facilities.

“Recreational vehicle (RV)” means a motorized or nonmotorized vehicle designed as a temporary living accommodation for recreational, camping, and travel use. Examples include, but are not limited to: travel trailers, camping trailers, truck campers and self-propelled motor homes.

“Recreational vehicle park” means any lot of land upon which two or more recreational vehicle sites are located, established, or maintained for occupancy by recreational vehicles of the general public as temporary living quarters for recreation or vacation purposes.

“Residential child care” means child care provided in the home of a provider.

“Residential density” means the average number of dwelling units on one acre of land in a given area. Net residential density is determined by dividing the total number of dwelling units in a defined area by the total acreage of all parcels of land within the area that is used exclusively for residential and accessory purposes. Gross residential density is determined by dividing the total number of dwelling units in a defined area by the total acreage of all land within the area.

“Residential facility for elderly persons” means a single-family or multiple-family dwelling unit that is not operated as a business, and is owned by one of the residents or by an immediate family member of one of the residents, or is a facility for which the title has been placed in trust for a resident; is consistent with existing zoning of the desired location; and is occupied on a 24-hour-per-day basis by eight or fewer elderly persons in a family-type arrangement.

“Residential facility for persons with a disability” means a dwelling in which more than one person with a disability resides and which is licensed or certified by the Department of Human Services under Title 62A, Chapter 2, Utah Code Annotated 1953, Licensure of Programs and Facilities, or is licensed or certified by the Department of Health under Title 26, Chapter 21, Utah Code Annotated 1953, Health Care Facility Licensing and Inspection Act.

“School of general instruction” means any public or private elementary, junior high, high school, college, university, or post-graduate school offering courses in general instruction at least five days per week and seven months per year. Excluded are specialty schools such as trade, dance, beauty, music, secretarial/business, and charm schools.

“Shopping center” means any group of retail stores, shops, or services within a building or buildings and any retail store, shop, or service with a floor area of 30,000 square feet or more or site area of 130,000 square feet or more.

“Side lot line” means the boundary of a lot that is connected to the front lot line. Each lot has two side lot lines.

“Sign” means any writing, pictorial representation, symbol, banner, lighting fixture, or any other figure of similar character of whatever material which is used to identify, announce, direct attention to or advertise, which is placed on the ground, on any bush, tree, rock, wall, post, fence, building, structure, vehicle, or any place whatsoever and which is visible from outside a building. The term “placed” shall include constructed, erected, posted, painted, printed, tacked, nailed, glued, stuck, carved, strung, or otherwise fastened, affixed, or made visible in any manner whatsoever.

“Site plan” means a description of the proposed development within the boundaries of the development site consisting of plans, drawings, and information.

“Stable” means a detached building for the keeping of horses.

“Story” means that portion of a building included between the surface of any floor and the floor or ceiling next above it.

“Story, first” means the lowest story or the ground story of any building, the floor of which is not more than 12 inches below the finished grade level at the exterior walls of the building, except that any basement or cellar used for residential purposes shall be deemed the first story.

“Story, half” means a partial story under a gable, hip, or gambrel roof, the wall plates of which on at least two opposite exterior walls are not more than four feet above the floor of such story; provided, however, that any partial story used for one or more dwelling units shall be deemed a full story.

“Street” means public rights-of-way, including highways, avenues, boulevards, parkways, roads, lanes, walks, alleys, viaducts, subways, tunnels, bridges, public easements and other ways.

“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 sites.

“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 fixed location on the ground, or which is attached to something having a fixed location upon the ground, and which imposes an impervious material upon or above the ground.

“Swimming pool” means a structure, whether indoors or outdoors, or whether above or below the ground, intended to be used to contain water, and which is of sufficient size, capacity, and depth for swimming.

“Tank” means a structure, whether indoors or outdoors, or whether above or below the ground, intended to be used to contain liquid, and which is of sufficient size, capacity, or depth for bathing, therapy, or other such use by one or more persons. Such definition shall include, but not be limited to, hot tubs, therapy tanks or pools, and similar structures.

“Telecommunications tower” means a structure that holds transmitting or receiving devices used for telecommunications service, with any associated buildings, site improvements, and property.

“Telecommunications service” means the providing or offering for rent, sale or lease, or in exchange for other value received, of the transmittal of voice, data, image, graphic and video programming information between or among points by wire, cable, fiber optics, laser, microwave, radio, satellite or similar facilities, with or without benefit of any closed transmission medium.

“Unified control” means a parcel of land under one ownership, or a group of parcels, the owners of which have agreed in writing to subject the development of their properties to a single control.

“Yard, front” means an open space extending the full width of the lot measured between the front lot line and the closest main building, which open space is unoccupied and unobstructed from the ground upward except as specified elsewhere in this title.

“Yard, front, depth” means the shortest distance, measured horizontally, between any part of the main building foundation, other than parts herein excepted, and the front lot line. Such depth shall be measured from the front lot line; provided, however, that if the proposed location of the right-of-way line of such street as adopted by West Point City in the major street plan differs from that of the existing street, then the required front yard depth shall be measured from the right-of-way line of such street as adopted; or said building shall comply with official setback lines as adopted by the city.

“Yard, rear” means an open space between a building and the rear lot line, unoccupied and unobstructed from the ground upward and extending across the full width of the lot, except as specified elsewhere in this title.

“Yard, rear, depth” means the shortest distance, measured horizontally, between any part of a main building foundation, other than parts hereinafter excepted, and the rear lot line. On cul-de-sac or five-sided lots, the required minimum rear yard depth may be reduced to 15 feet measured from any point of a building foundation to the nearest point of a lot line. Only one corner of a home may project into a required rear yard space.

“Yard, side” means an open space extending from the front yard to the rear yard between a building and the nearest side lot line, unoccupied and unobstructed from the ground upward except as specified elsewhere in this title. A side yard on the street side of a corner lot shall be known as an “exterior side yard.”

“Yard, side, width” means the shortest distance, measured horizontally, between any part of a building, other than parts herein excepted, and the nearest side lot line. Such width shall be measured from the nearest side lot line and, in the case where the nearest side lot line is a side street lot line, from the right-of-way line of the existing street; provided, however, that if the proposed location of such street as adopted by West Point City in the major street plan differs from that of the existing street, then the required side yard width shall be measured from the right-of-way of such street as adopted, or said building shall comply with any applicable official setback lines.

“Zoning map” means the zoning map or maps of West Point City, Utah, together with all amendments subsequently adopted. [Ord. 12-05-2017C § 1; Ord. 04-16-2013C § 2; Ord. 02-03-2009A § 1. Code 2000 § 17-2-2].