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The following terms are defined as follows. Terms used in the present tense include the future tense. Terms defined in the singular number include the plural and the plural the singular. Terms that have not been defined herein but are separately defined in the building code shall be construed as defined therein:

ACCESSORY STRUCTURE: A structure that is incidental and subordinate to a main building located on the same lot or parcel, contains no living space, and is not attached to a main building.

ACCESSORY USE: An allowed land use that is subordinate and incidental to the main use on the lot or parcel.

ADJACENT: Property that is joined, touches, or is directly across a public street, private street, access easement, or alley from the subject property, except a freeway, or a constructed or transportation master planned arterial (eighty-foot (80') right-of-way) street or greater.

ADJOINING PROPERTY OWNERS: All owners within one hundred fifty feet (150') in each direction from the lot or parcel, as determined from the tax records of the county.

AGRICULTURE: Tilling soil or raising and harvesting crops.

ALLEY: A private paved secondary access constructed to city standards.

ALLOWED USE: A use of land that:

A. Is specifically permitted, or permitted with standards, in the zone;

B. Has received a conditional use permit; or

C. Is a valid nonconforming use.

APIARY: A property where one (1) or more bee colonies is kept.

APPEAL AUTHORITY: The administrative hearing officer is the appeal authority unless otherwise specified herein.

ARTS DISTRICT: A defined neighborhood or part of the city which the city council has determined to be appropriate for arts district distinction. Such areas or sites do not have to be contiguous in order to constitute a district.

ATTACHED (STRUCTURE): Sharing a minimum of one (1) common wall and integrated roof, or having portions of a structure, connected with a minimum roof width of twelve feet (12') with the design and materials being consistent.

BACKFLOW PREVENTION ASSEMBLY: A required assembly that prevents the flow of water from the water distribution system back to the culinary water source.

BASEMENT: That portion of a building that is below the first floor.

BED AND BREAKFAST: A building in which a full-time, live-in caretaker resides and serves one (1) or more meals per day, and provides overnight accommodations for short-term guests.

BEE: The common honey bee (Apis millifera), or the mason bee (Osmia lignaria). “Bee” does not include the African honey bee (Apis mellifera scutellate), or any hybrid thereof.

BEE COLONY: All bees in a hive, including queens, workers, or drones.

BEEKEEPER: A person who owns or maintains one (1) or more colonies of bees on their own private property.

BODY PIERCING: Creating a new body opening for jewelry or decoration. This term specifically excludes ear piercing.

BUILDING: Any structure having a roof supported by columns or walls, for the occupancy or enclosure of persons, animals or chattel.

BUILDING HEIGHT: The vertical distance measured from the average of the midpoint of the two (2) tallest elevations, measured from the adjacent grade to the highest point of the coping of a flat roof, the deck line of a mansard roof, or the midpoint between ridge and eaves of a sloped roof, as depicted below:

Flat Roof (One (1) Story)

Flat Roof (Two (2) Story)

Sloped Roof (One (1) Story)

Sloped Roof (Two (2) Story)

(H1 + H2) / 2 = Building Height

BULK PLANT: Wholesale for Class 1 and 2 flammable or combustible liquids or gases.

CARGO CONTAINER: Any portable, reusable container generally referred to as a sea cargo container, cargo container or shipping container made as a prefabricated metal structure and primarily designed or used for transporting freight by commercial transportation on ships, by rail or mounted on a chassis for movement by a tractor trailer and built in accordance with the U.S. Department of Transportation Standards. “Cargo container” does not include semitrailers as defined in Section 41-6a-102 Utah Code Annotated and must be free from damage, rust, and exposed metal, painted in one (1) solid muted earth tone color or similar color as a main structure, with no writing, signs, numbers or logos.

CARPORT: A private garage not completely enclosed by walls and a door.

CASITA: See “Guesthouse.”

CERTIFIED WATER AUDITOR: A person who has been certified by the city of St. George, the Washington County Water Conservancy District, the Irrigation Association, or other city-approved certification program.

CHILD CARE: The provision, day or night, of supplemental parental care, instruction and supervision for a nonrelated child or children, on a regular basis, and for less than twenty-four (24) hours a day. The term does not include babysitting services on a casual, nonrecurring nature or in the child’s home, nor cooperative, reciprocate child care by a group of parents in their respective domiciles.

A. Child Care, In-Home Babysitting: The provision of child care for four (4) or fewer children within a dwelling;

B. Child Care, Family: The provision of child care for up to ten (10) children, including the provider’s children who are under the age of eighteen (18), within the provider’s primary residence.

CHILD CARE CENTER: A structure or building, including outside play areas, used for the provision of child care for less than twenty-four (24) hours per day.

CHURCH: See “Religious Facility.”

CITY FACILITY: Land, right-of-way, easement, structure or appurtenances owned by the city or by an agency or corporation wholly controlled by the city.

COMMERCIAL CENTER: A commonly owned or developed project that shares parking, internal pedestrian circulation and public street access with a variety of commercial uses.

COMMON AREA: Land within a development not individually owned or dedicated for public use, which is designed and intended for the common use or enjoyment of the residents of the development. May include recreation structures, landscaping, and improvements.

COMMON AREA, LIMITED: Land within a development not individually owned or dedicated for public use, which is designed and intended for the use or enjoyment of a specified residence of the development. May include driveways, landscaping, and improvements.

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

CONDOMINIUM OR TOWNHOUSE PROJECT: A development designed and approved for separate ownership of a single unit in a multiple-family development, together with an undivided interest in the common area and facilities.

CONSTRUCTION DRAWINGS: All plans, specifications, reports and studies necessary to meet the requirements of this title and other ordinances of the city of St. George in the approval process of a subdivision, and to obtain a building permit. They include, but are not limited to, floor plans, elevations, site plans, utilities and utility design, roadways, drainage, and other infrastructure and improvements.

COPING: A protective cap, top, or cover of a wall, parapet, or pilaster; often of stone, terra cotta, concrete, metal, or wood.

CREMATORIUM: A business, properly licensed by the state, that is devoted to cremation and/or embalming of the dead, but does not include facilities for burial, internment, body viewing, or funeral services.

CUESTA: A landform that has a steep ascent in one direction and a gentle descent in the opposite direction as designated on the ridgeline map. The steep slope is the cuesta face, an erosion escarpment, and the gentle one is the back slope of the cuesta.

CUESTA CREST: The ridgeline formed by the highest elevations of a cuesta.

CUT: Land surface that is reshaped by man through the removal of soil, rock or other materials.

DAIRY: The processing of milk or milk products (excludes on-site livestock).

DARK SKY: A nighttime sky that is substantially free of interference from artificial light.

DEVELOPMENT ACTIVITY:

A. Any construction or expansion of a building or structure;

B. Any change in use of a building or structure that creates additional demand and need for public facilities;

C. Any change in the use of land that creates additional demand and need for public facilities; or

D. Grading, filling, or clearing of land.

DISTRIBUTION UNIFORMITY: The measure of the uniformity of irrigation water over an area.

DRIP EMITTER: A drip irrigation fitting that delivers water slowly at the root zone of the plant, usually measured in gallons per hour.

DROUGHT TOLERANT PLANT: A plant that can survive without irrigation for an extended period once established, although supplemental water may be desirable during drought periods for improved appearance and disease resistance.

DWELLING: Any structure, manufactured home, mobile home, or portion thereof that is used for residential purposes, excluding short-term residential rental use.

DWELLING, MULTIPLE-FAMILY: A building arranged or designed to be separately occupied by more than two (2) dwelling units.

DWELLING, SINGLE-FAMILY: A building designed as a single dwelling unit.

DWELLING, TWO (2) FAMILY : A building designed as two (2) dwelling units.

DWELLING UNIT: A building, or separate portion thereof, with sleeping and kitchen facilities for the exclusive use of one (1) family.

DWELLING UNIT, ACCESSORY : A subordinate residential living area created within a single-family dwelling or a detached building on the same residential lot as a single-family dwelling which meets the requirements of chapter 17A of this title.

ELEVATED OPEN FRONT PORCH: An open porch that is at least eight feet (8') wide, four feet (4') deep and extends to at least fifty percent (50%) of the front façade facing any street, is covered by a roof that is integrated into and part of the roof or roof extension and is of the same design and material as the roof, and the floor of which is elevated at least eighteen inches (18") above the sidewalk grade.

EROSION HAZARD: The hazard associated with the natural process, either sudden or gradual, which moves a river channel.

EROSION HAZARD AREA: An area designated by the erosion hazard boundary maps.

EROSION HAZARD BOUNDARY MAPS: Maps designating the boundary of the erosion hazard area.

FAMILY:

A. An individual; or

B. The immediate family members and up to one (1) additional unrelated person living with them as a single housekeeping unit in a dwelling unit; or

C. A group of not more than four (4) persons, who need not be immediate family members, living together as a single housekeeping unit in a dwelling unit; or

D. Two (2) unrelated persons and any children related to either of them living together as a single housekeeping unit.

FENCE: A barrier to limit visibility, provide privacy, define a property line, or prevent ingress or egress, made out of materials such as concrete or masonry block, wood, metal, stone, chain link or vegetation. A retaining wall is not a fence.

FENCE HEIGHT: Fence height is measured vertically, from finished grade to the shortest side of the fence.

FILL: The deposit of soil, rock or other materials placed by man.

FINANCIAL, MEDICAL AND PROFESSIONAL OFFICE: Financial institutions, medical and professional offices/services, limited to daytime hours of operation, and excludes a hospital, payday loan and sexually oriented business.

FIRST FLOOR: The lowest above-grade story in a structure; provided, the floor level is not more than four feet (4') below final grade for more than fifty percent (50%) of the perimeter. It can include habitable or uninhabitable floor area, as depicted below:

FIXED SPRAY: The pattern of spray from an irrigation head nozzle, which is fixed and nonchanging.

FLOOD, BASE: The flood event with a one percent (1%) chance of being equaled or exceeded in any given year.

FLOOD INSURANCE RATE MAP (FIRM): The official map on which the Federal Emergency Management Agency has delineated both the areas of special flood hazard and the risk premium zones.

FLOOD INSURANCE STUDY: The official report provided by the Federal Emergency Management Agency that includes flood profiles, the flood boundary floodway map, and the water surface elevation of the base flood.

FLOOD OR FLOODING: A general and temporary condition of partial or complete inundation of normally dry land areas from:

A. The overflow of inland waters; and/or

B. The unusual and rapid accumulation of runoff of surface waters from any source.

FLOOD, SPECIAL FLOOD HAZARD: Land subject to a one percent (1%) or greater chance of flooding in any given year.

FLOODLIGHT: A fixture or lamp designed to “flood” an area with light. A specific form of lamp or fixture designed to direct its output in a specific direction. Such lamps are often designated by the manufacturer and are commonly used for outdoor lighting.

FLOODPLAIN: Land that:

A. Is within the one hundred (100) year floodplain designated by FEMA; or

B. Has not been studied or designated by FEMA but presents a likelihood of experiencing chronic flooding or a catastrophic flood event, because the land has characteristics that are similar to those of a one hundred (100) year floodplain designated by FEMA.

FLOODWAY: The channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than one foot (1').

FLOOR AREA: The sum of the gross horizontal areas of each story of a building measured from the exterior faces of the exterior walls or from the centerline of party walls. Basement floors, interior balconies and mezzanines, elevator shafts, stairwells and enclosed porches are included. Garage area is not included.

FLOW RATE: The rate at which water flows through pipes and valves (gallons per minute or cubic feet per second).

FOOT-CANDLE: A unit of measure of the intensity of light falling on a surface, equal to one (1) lumen per square foot.

FRUIT STAND: A structure that is no more than one thousand (1,000) square feet and is used exclusively for sale during the harvest season of seasonal crops, seedling plants, or garden, farm, or other agricultural produce if the seasonal crops are, seedling plants are, or garden, farm, or other agricultural produce is sold by:

A. The producer of the seasonal crops, seedling plants, or garden, farm, or other agricultural produce;

B. An employee of the producer; or

C. A member of the immediate family of the producer.

FULLY SHIELDED: An outdoor light fixture constructed so in its installed position, all of the light emitted by the fixture is projected below the horizontal plane passing through the lowest light-emitting part of the fixture.

GARAGE, PUBLIC: A building or portion thereof, other than a private garage, designed or used for servicing, repairing, equipping, hiring, selling or storing motor driven vehicles.

GEOLOGIC OR FLOOD HAZARD AREAS: Any manmade change to improved or unimproved real estate, including, but not limited to, buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations located within the area of special flood or geologic hazard.

GEOTECHNICAL ENGINEER: A person with a four (4) year degree in civil engineering or engineering geology from an accredited university who, through training and experience, is able to assure that geological factors affecting engineering works are recognized, adequately interpreted and presented for use in engineering practice and for the protection of the public.

GLARE: Light, originating from a direct artificial light source, or any light reflected off a reflective surface, that causes visual discomfort or reduced visibility.

GRADE:

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

B. For buildings adjoining more than one (1) street, the average of the elevations of the sidewalks at the centers of all walls adjoining the street;

C. For buildings having no wall adjoining the street, the average level of the ground (finished surface) adjacent to the exterior walls of the building. All walls approximately parallel to and not more than five feet (5') from a street line are to be considered as adjoining a street.

GRADE, ADJACENT: A reference plane representing the average of finished ground level adjoining the building at exterior walls. Where the finished ground level slopes away from the exterior walls, the reference grade shall be established by the lowest points within the area between the building and the lot line or, where the lot line is more than six feet (6') from the building, between the building and a point six feet (6') from the building.

GROUND COVER: Plant material planted in such a way as to form a continuous cover over the ground that can be maintained at a height not more than twelve inches (12").

GUESTHOUSE (CASITA): A detached living quarters located within a building that is subordinate to and located on the same lot or parcel as the primary dwelling. A guesthouse may also be referred to as a “casita”.

HARDSCAPE: Elements of the landscape constructed from nonliving materials such as concrete, boulders, brick, blacktop and lumber. Includes patios, decks and paths but does not include driveways and sidewalks.

HILLSIDE REVIEW BOARD: The city of St. George hillside review board created under this title.

HIVE: An artificial or natural receptacle used to house bees.

HOLIDAY OR FESTIVE LIGHTING: Any low wattage, seasonal decorative outdoor lighting.

HOME OCCUPATION: A business, transaction or activity conducted entirely within a dwelling, and exclusively by persons residing within the dwelling in a manner that is indiscernible from, and clearly incidental and secondary to, the residential use, without altering the dwelling site or structure, the character of the neighborhood, the demand for public facilities or services, or creating an unsafe condition or short term residential rental.

HOUSEHOLD PETS: Animals ordinarily permitted in the house and kept for personal use and not for commercial purposes, not including goats or pigs.

HYDRO ZONE: The grouping of plants with similar water requirements so each zone can be irrigated with a separate irrigation valve.

IMMEDIATE FAMILY: Consists of spouse, parent, children, grandparent or grandchildren and the spouse’s parent, children, grandparent or grandchildren.

IMPROVEMENT COMPLETION ASSURANCE: Means cash, or an irrevocable letter of credit under terms acceptable to the city, to guaranty the proper completion of landscaping or an infrastructure improvement required as a condition precedent to:

A. Recording a subdivision plat; or

B. Development of any property or project.

IMPROVEMENT WARRANTY: An applicant’s unconditional warranty that the applicant’s installed and accepted landscaping or infrastructure improvement:

A. Complies with the municipality’s written standards for design, materials, and workmanship; and

B. Will not fail in any material respect, as a result of poor workmanship or materials, within the improvement warranty period.

IMPROVEMENT WARRANTY PERIOD: A period:

A. No later than one (1) year after acceptance of required landscaping; or

B. No later than one (1) year after acceptance of required infrastructure, unless the city:

1. Determines for good cause that a one (1) year period would be inadequate to protect the public health, safety, and welfare; and

2. Has substantial evidence, on record:

(a) Of prior poor performance by the applicant; or

(b) That the area upon which the infrastructure will be constructed contains suspect soil, and the municipality has not otherwise required the applicant to mitigate the suspect soil.

INFILTRATION RATE: The rate of water entry into the soil expressed as a depth of water per unit of time (inches per hour).

INFRASTRUCTURE IMPROVEMENT: Permanent infrastructure that an applicant must install:

A. Pursuant to published installation and inspection specifications for public improvements; and

B. As a condition of:

1. Recording a subdivision plat; or

2. Development of any property or project.

IRRIGATION CONTRACTOR (IC): A person who has been certified by a city-approved certification program to install irrigation systems, meets state and local license, insurance and bonding requirements, and is able to show proof of such upon demand. An irrigation contractor installs, repairs, designs and maintains irrigation systems.

IRRIGATION DESIGNER: A landscape architect or a person who has been certified by the Irrigation Association (IA), the city of St. George or other city-approved certification programs to prepare irrigation system designs.

IRRIGATION PLAN: A plan that shows the components of the irrigation system with water meter size, backflow prevention, precipitation rates, flow rate and operating pressure for each irrigation circuit, together with identification of all irrigation equipment.

IRRIGATION RUNOFF: Irrigation water that is not absorbed by the soil or landscape area to which it is applied and which flows onto other areas.

JOINT UTILITY COMMITTEE (JUC): A committee comprised of city staff and representatives from local utility service providers which meets regularly to discuss the engineering, design, placement, and other issues related to utility improvements within the city.

LAND USE APPLICANT: The property owner, or the property owner’s designee, who submits a land use application regarding the property owner’s land.

LAND USE APPLICATION:

A. Means an application submitted by a land use applicant to obtain a land use decision; and

B. Does not mean an application to enact, amend, or repeal a land use regulation.

LAND USE AUTHORITY: Unless otherwise provided herein, the community development director or designee is the land use authority for land use decisions required in this title.

LAND USE DECISION: The final action of a land use authority or appeal authority regarding:

A. A land use permit;

B. A land use application; or

C. The enforcement of a land use regulation, land use permit, or development agreement.

LAND USE PERMIT: A permit issued by a land use authority.

LAND USE REGULATION:

A. An ordinance, law, code, map, resolution, specification, fee, or rule that governs the use or development of land; and

B. Does not include:

1. The general plan;

2. A land use decision of the city council, even if the decision is expressed in a resolution or ordinance; or

3. A temporary revision to an engineering specification that does not materially:

(a) Increase a land use applicant’s cost of development compared to the existing specification; or

(b) Impact a land use applicant’s use of land.

LANDMARK BUILDING OR SITE: Any site (including significant trees or other plant life located thereon) or structure of particular historic or aesthetic significance to the city or state. Such significance shall exist where cultural, political, spiritual, economic, social or artistic history of the community is reflected or exemplified by the site or structure, or if it is identified with historic personages or with important events, or if the structure or site embodies distinguishing characteristics of an architectural specimen, inherently valuable for a representation of a period, style or method of construction.

LANDSCAPE ARCHITECT: A person who is licensed to practice landscape architecture by the state of Utah.

LANDSCAPE OR LANDSCAPING: Any combination of living plants, berms, trees, shrubs, vines, ground covers, flowers, grass and other plants that are generally not considered to be weeds or noxious plants; natural features such as rock, stone, or wood chips; nonvegetative permeable ground cover; and structural features, including, but not limited to, fountains, reflecting pools, outdoor artwork, screen walls, fences or benches that create an attractive and pleasing environment.

LANDSCAPE OR LANDSCAPING MAINTENANCE: Maintaining or keeping any landscaping or any area required to be landscaped:

A. In a live and thriving condition, with consideration for normal growth and water needs; and

B. Fertilized, mowed, trimmed, edged, mulched and free from weeds, dead plants, litter, refuse, or debris in compliance with regionally accepted horticultural practice.

LANDSCAPE PLAN: A plan that clearly and accurately identifies the location and species of new and existing trees, shrubs, ground covers, and other plants on a site, and any other landscape element, and includes an irrigation plan.

LANDSCAPED AREA: An entire parcel of real property less the building footprint, driveways, nonirrigated portions of parking lots, hardscape (such as decks and patios), and other nonporous areas. Water features are included in the calculation of the landscaped area.

LIGHT, DIRECT ARTIFICIAL: Direct artificial light” means any light cast directly to an illuminated area from an artificial light source, as defined by this section, or from any surface on or within the artificial light source’s luminaire that is intended to reflect, refract, or diffuse light from the artificial light source. This does not include light reflected, refracted, or diffused from other surfaces such as nonreflective surfaces on or within the luminaire, or the ground or adjacent walls; provided, those surfaces are not primarily intended for the reflection, refraction, or diffusion of the artificial light source.

LIGHT POLLUTION: Any artificial light that is emitted either directly or indirectly by reflection that alters the appearance of the nighttime sky; interferes with astronomical observations; or interferes with the natural functioning of native wildlife.

LIGHT SOURCE, ARTIFICIAL: Artificial light source” means the part of a lighting device that produces light.

LIGHT TRESPASS: The projection of any light from a direct artificial light outside the lot or parcel boundary or street right-of-way where the artificial light source is located, unless the projection outside the lot or parcel boundary or street right-of-way is lawfully permitted.

LIGHTING, OUTDOOR: Outdoor lighting” means the illumination of an outdoor area or object by any indoor or outdoor artificial light source.

LIVESTOCK: Large domesticated animals, which are not ordinarily permitted in the house, such as horses, cattle, goats, sheep, llamas, or ostriches, but not hogs or pigs.

LIVESTOCK FEED YARD: A commercial operation to fatten or maintain livestock prior to their shipment to a stockyard for sale or rendering.

LOT: A tract of land, regardless of any label, that is created by and shown on a subdivision plat that has been recorded in the office of the county recorder. The terms “lot” and “parcel” are used throughout this title interchangeably.

LOT, CORNER: A lot having frontage on two (2) or more improved public or private streets. If common area or limited common area is located between the lot line and right-of-way, it is considered a corner lot.

LOT DEPTH: The minimum distance measured from the front property line to the rear property line of the same lot.

LOT LINE: Any line defining the boundaries of a lot.

LOT WIDTH: The distance between the side lot lines measured at the front yard setback.

LOW FUEL VOLUME AND HIGH-WATER CONTENT PLANTS: Plants that do not produce excessive amounts of leaves and branches that will fuel fires.

LOWEST FLOOR: The lowest floor of the lowest enclosed area (including basement). An unfinished or flood resistant enclosure, usable solely for parking of vehicles, building access or storage, in an area other than a basement area, is not considered a building’s lowest floor; provided, that such enclosure is not built so as to render the structure in violation of the applicable nonelevation design requirements of this title.

LUMEN: Unit of luminous flux; used to measure the amount of light emitted by lamps.

MANUFACTURING, CUSTOM: An establishment primarily engaged in the on-site production of goods by hand manufacturing which involves only the use of hand tools or domestic mechanical equipment not exceeding two (2) horsepower or a single kiln not exceeding eight (8) kilowatts, and the incidental direct sale to customers of only those goods produced on site. Typical uses include ceramic studios, candle making shops or custom jewelry manufacturing.

MANUFACTURING, HEAVY: The converting of raw or partially processed materials into a product used for further processing or distribution. Examples of heavy manufacturing include lumber and paper mills, sewage treatment plants, stone, clay, glass product manufacturing, asphalt and concrete batch plants, and similar operations. These uses may be conducted partially or wholly outdoors and usually create noxious byproducts such as dust, fumes, hazardous waste products, noise, vibration, and glare.

MANUFACTURING, LIGHT: An establishment engaged in the manufacture, predominantly from previously prepared materials, of finished products or parts, including processing, fabrication, assembly, treatment, and packaging of such products, and incidental storage, sales, and distribution of such products, but excluding basic industrial processing.

MULCH: Any organic material such as leaves, bark, wood chips, straw, or inorganic material such as crushed stone or gravel, or other materials left loose and applied to the soil surface for the beneficial purpose of controlling weeds and conserving soil moisture.

NATURAL WATERWAYS: The natural drainage channel along rivers, streams, creeks, springs, gullies or washes.

NONCOMPLYING BUILDING OR STRUCTURE: A structure that:

A. Legally existed before its current land use designation; and

B. Because of one (1) or more subsequent land use ordinance changes, does not conform to the setback, height restrictions, or other regulations, excluding those regulations which govern the use of land.

NONCONFORMING USE: A use of land that:

A. Legally existed before its current land use designation;

B. Has been maintained continuously since the land use ordinance that created the nonconformity was enacted; and

C. Because of one (1) or more land use ordinance changes, does not conform to the regulations that currently govern the use of the land.

NURSING HOME: An institution providing long-term residence and care for the aged or infirm.

PARCEL: Any real property with a separate tax identification number that is not a lot created by and shown on a subdivision plat recorded in the office of the county recorder. The terms “lot” and “parcel” are used throughout this title interchangeably.

PARCEL, CORNER: A parcel having frontage on two (2) or more improved public or private streets.

PARCEL DEPTH: The minimum distance measured from the front property line to the rear property line of the same parcel.

PARCEL LINE: Any line defining the boundaries of a parcel.

PARCEL WIDTH: The distance between the side parcel lines measured at the front yard setback.

PARKING LOT: An area, other than a street, used for parking, whether or not required by ordinance.

PARKING SPACE: Space within a building, lot or parking lot designated for parking or storing one (1) automobile.

PERMANENT COSMETICS: A mark or design made on or under the skin by a process of pricking or ingraining an indelible pigment, dye, or ink in the skin for masking discolorations or cosmetically enhancing facial features which shall follow the natural line of the feature and shall be limited to eyeliner, eyebrows, lip coloring, and medical reconstruction procedures only.

PERMANENT COSMETICS ESTABLISHMENT: An establishment engaging in permanent cosmetics as a secondary use to an establishment employing cosmetologist/barber(s), aesthetician(s), electrologist(s), or nail technician(s) licensed by the state under UCA Chapter 58-11a, excluding tattoo establishments and home occupations.

PERSONAL CARE SERVICE: An establishment primarily engaged in the provision of frequently recurring needed services of a personal nature. Typical uses include but are not limited to beauty and barber shops, massage therapy, custom tailoring and seamstress shops, esthetician, portrait studios, shoe repair shops, and tanning and nail salons.

PERSONAL INSTRUCTION SERVICE: An establishment primarily engaged in the provision of informational, instructional, personal improvement and similar services of a nonprofessional nature. Typical uses include but are not limited to art and music schools, driving and computer instruction, handicraft or hobby instruction, health and fitness studios.

PLANNED DEVELOPMENT: A development that is the subject of a zone-change application, submitted to the planning commission and city council, and, when required, presented with a conceptual plan showing the form, manner, layout and other parameters of the planned development prior to the preparation of a preliminary plat.

PLAT, FINAL: A plat prepared in accordance with the provisions of this title, which plat is designed to be placed on record in the office of the Washington County recorder.

PLAT, PRELIMINARY: A plat prepared in accordance with the provisions of this title which plat, and accompanying plans, reports, diagrams and text, is made for the purpose of showing the design of a proposed subdivision and the existing conditions in and around it. The preliminary plat is essentially a study plan which, when approved, will serve as a basis for the preparation of the construction drawings and final plat.

PLATEAU: A flat or predominantly flat area of land, which is raised sharply above adjacent land on at least one (1) side as designated on the ridgeline map.

PLATEAU EDGE: The junction of the plateau and the sharp vertical rise that separates the plateau from lower adjacent land.

PRIVATE SITE DEVELOPMENT IMPROVEMENT: A required site feature that an applicant must install:

A. As a condition of development of a commercial, industrial, mixed-use, condominium, or multifamily project; and

B. That is not an infrastructure improvement.

QUALIFYING STUDENT: A student enrolled in spring or fall classes at Dixie State University in classes awarded eight (8) credits or more for each semester.

RECEIVING AREA: An area within a proposed development that is designated to accept density transferred from a designated sending area within the proposed development.

RECREATIONAL VEHICLE: A vehicle that is:

A. Built on a single chassis;

B. Four hundred (400) square feet or less when measured at the largest horizontal projections;

C. Designed to be self-propelled or permanently towable by a light duty truck; and

D. Designed primarily not for use as a permanent dwelling, but as temporary living quarters for recreational, camping, travel or seasonal use.

RELIGIOUS FACILITY: A meetinghouse, church, temple, mosque, synagogue or other permanent structure, used primarily for regular religious worship.

RESIDENTIAL CENTRAL CITY AREA (RCC): The area located between 100 South to 700 South, and between 700 East to Bluff Street or bounded by Bluff Street on the west, Diagonal Street to Main Street and then to St. George Boulevard on the north, and by Interstate 15 on the south and east.

RESIDENTIAL TREATMENT FACILITY: A residence where more than one (1) person with a disability resides and the residence is licensed with the State Department of Human Services or the Department of Health as a residential facility to care for the disabled.

RESTAURANT/CAFÉ: Preparation and sale of food and drink for on-premises public consumption.

RETAINING WALL: Includes any structure designed to resist the lateral displacement of soil or other materials, not including rockery walls. An example includes block walls, concrete walls, or a segmented wall designed and approved as a retaining wall.

RETAINING WALL HEIGHT: Retaining walls shall be measured from the top of the exposed face to finish grade.

RIDGELINE: The junction of a rising slope and a descending slope, including a cuesta crest and a plateau edge.

ROCK: A natural solid mineral matter occurring in large masses or fragments.

ROCKERY WALL: A system of stacked rocks constructed to retain soil or rock and include rock-faced slopes.

SENDING AREA: An area within a proposed development that is designated to transfer density to a designated receiving area within the proposed development.

SETBACK: The minimum distance to a structure from the property lines.

SEXUALLY ORIENTED BUSINESS: See section 3-8-2.

SHORT-TERM GUEST: Guests whose duration of visit is twenty-nine (29) consecutive calendar days or less.

SHORT-TERM RESIDENTIAL RENTAL: Property that is occupied, possessed or used by any person or entity for transient lodging where the term of occupancy, possession, or use of the property by the person or entity is offered for twenty-nine (29) consecutive calendar days or less, for direct or indirect compensation or other consideration.

SIGNIFICANT HISTORIC BUILDING: A building or structure that is either:

A. A designated landmark site as approved by the city council; or

B. A residential or commercial building that meets the requirements of section 10-13E-4A2; or

C. Any building which meets the criteria for the National Register of Historic Places.

SITE DEVELOPMENT STANDARDS: Minimum lot areas, yard setbacks, exceptions, building height, lot coverage, landscaping, and open space for each zone.

SLOPE: A vertical rise in feet measured over a horizontal distance, expressed as a percentage, measured generally at right angles to contour lines.

SMALL ANIMAL: An animal that, on average, will reach a mature weight of no more than fifteen (15) pounds and does not include rabbits or urban hens.

SPRINKLER, SPRAY: An irrigation head that sprays water through a nozzle.

SPRINKLER, STREAM: An irrigation head that projects water through a gear rotor in single or multiple streams.

STABLE, PRIVATE: A detached building designed and used to care for livestock owned by the residents and not kept for commercial purposes.

STABLE, PUBLIC: A public building designed and used to care for livestock.

STATE AND LOCAL CONSTRUCTION CODES: Regulations adopted in or pursuant to the State Construction and Fire Codes Act, UCA Title 15A.

STORAGE RENTAL UNITS: (Also known as MINISTORAGE or SELF-STORAGE): A building separated into individual spaces for customer storage and retrieval of personal effects, household goods, furniture or archived materials.

STORY: That portion of a building between the upper surface of a floor and the upper surface of the next floor or roof above.

STREET, PRIVATE: A private thoroughfare that affords access to property consistent with city standards.

STREET, PUBLIC: A public thoroughfare that affords principal means of access to abutting property.

STREET SIDE: An area located between the side of a structure and a public or private street, extending from the front yard setback to the rear yard setback. See also LOT, CORNER, and PARCEL.

STREET TREE: Includes all trees located within the public right-of-way of all streets within the city.

STRUCTURAL ALTERATION: Any change to the support of a structure, such as a bearing wall, column, beam truss or girder.

STRUCTURE: Anything constructed or erected that is attached, on, or below the ground in any manner.

SUBDIVIDER: Any individual, firm, association, syndicate, partnership, corporation, trust, or other legal entity, having legal title to real property for which a subdivision is proposed. A “subdivider” includes an authorized representative of the subdivider who is authorized to represent the subdivider for the purpose of effecting the subdivision of real property, having legal title to real property for which a subdivision is proposed.

SUBDIVIDER’S ENGINEER: A civil engineer licensed in the state of Utah engaged by the subdivider to prepare a conceptual planned development, a preliminary plat, construction drawings, a final plat, or to compile such data as may be required in connection therewith or in accordance with the provisions of this title.

TABLELAND: Land where the slope in any direction is less than fifteen percent (15%).

TATTOO ESTABLISHMENT: Any location, place, area, structure, or business used for the practice of tattooing or the instruction of tattooing, excluding permanent cosmetics establishments.

TURF: A surface layer of mowed grass.

UNDISTURBED: An area that remains in a natural, pristine condition and not subject to grading, excavation, or other similar disturbance.

UNPAVED SURFACE: A parcel of land or portion thereof that is not paved with an approved surfacing material such as asphalt or concrete.

URBAN HENS AND RABBITS: Keeping of chickens (hens only) and rabbits, as an accessory use to a single-family dwelling, to produce food for the family residing on the subject property.

VALVE: A device used to control the flow of water in an irrigation system.

VEHICLE: Any form of motorized transport or any trailer.

VESSEL: Every type of watercraft, other than a seaplane on the water, used or capable of being used as a means of transportation on water.

WATER PERFORMANCE AUDIT: A water performance audit is an on-site survey and measurement of irrigation equipment and management efficiency performed by a certified water auditor.

YARD, FRONT: On a lot or parcel with a building, the area that includes the full width of the lot or parcel from the main building to any lot line abutting a street, or private right of access. On a vacant lot or parcel, the area that includes the full width of the lot from the depth of the minimum setback to any lot line abutting any street. A corner lot or parcel has two (2) front yards.

YARD, REAR: On a lot with a building, the area that includes the full width of the lot from the rear façade of the building to the rear lot line. On a vacant lot, the area that includes the full width of the lot from the rear setback to the rear lot line.

YARD, SIDE: On a lot with a building, the areas between the side lines of the building and the side line of the lot and extending from the front yard line to the rear yard line. On a vacant lot, the areas between the front and rear setback lines, from each side yard setback line to its closest side lot line.

(Ord. 2019-10-002, 10-10-2019; amd. Ord. 2020-06-002, 6-4-2020)