Chapter 11-3 ZONING

Uses of land which are not expressly permitted within a zone are hereby declared to be expressly prohibited therein, except as may be permitted by action of the Planning Commission or City Council, pursuant to express authority given under terms of this Title. Any person who may obtain state or federal properties by purchase, lease, or other arrangement must utilize such properties in accordance with the provisions of this Title. Neither the Planning Commission, Board of Adjustment nor the Building Inspector shall permit a use within a zone which is not expressly permitted by the terms of this Code.

11-3-102 Contiguous Lots in Same Ownership.

Where two (2) or more contiguous parcels are owned by the same person at the time of the passage of this Code, the land included in the parcels shall be considered to be an undivided parcel; provided, however, that this provision shall not apply to lots in a subdivision or condominium project which has received the approval of the Planning Commission, and the plat thereof has been recorded in the office of the County Recorder.

(Ord. No. 06-2012, 07/17/2012)

11-3-103 Zoning of Annexed Territory.

(1) As part of its recommendation to the City Council regarding a proposed annexation, the Planning Commission may make recommendations regarding the zone classification which should be applied to the territory, and provided that due public notice of said recommendation shall have been given and a hearing held, as required under Chapter 7 of this Title, the City Council may, in or subsequent to adoption of the annexation ordinance, act to zone the annexed property in accordance with the Commission’s recommendation; provided, however, if no such recommendation is given and hearing held, the land shall be classified into that zone with which it has the longest contiguous boundary.

(2) Where all or part of the territory annexed lies within a flood area, the City Council shall also identify that portion to be included in the Flood Plain Overlay Zone and shall also designate the appropriate subzones for the territory. In determining the boundaries of the FPO zone and its subzones, the City Council shall obtain, review, and reasonably utilize all base flood elevation data available from a federal, state or other source so as to include within the FPO zone and appropriate subzone all areas of special flood hazards.

11-3-104 Illegal Uses Prohibited.

Any building or use of land or any construction thereon which was not authorized by or under the City Code which is illegal under such ordinances, shall remain unauthorized and illegal unless expressly authorized or permitted in the provisions of this Code.

Article 2 – NONCONFORMING BUILDINGS, LOTS AND USES

11-3-201 Purpose and Intent.

The purpose of this Article is to establish regulations governing legally established buildings, lots and uses and other nonconformities that do not conform to the applicable requirements of this Title. The intent of this article is to recognize the legitimacy of buildings, lots and uses legally established during the history of Springville while recognizing the need to protect conforming development and to promote orderly development and improvement of the City.

11-3-202 Determinations of Nonconformities of Buildings, Lots and Uses.

All matters regarding the nonconformities shall be determined by the Board of Adjustment, unless otherwise specified in this Title. Upon application, the Board or its designee shall determine if the building, lot or use is nonconforming with respect to the current provisions of this Chapter.

11-3-203 Nonconformities Resulting from Public Action.

When an area or yard setbacks of a legally established lot are reduced as the result of conveying land to a federal, state or local government for a public purpose, such lot and yards shall be deemed to be in compliance with the minimum lot size and yard setback standards without any need for a variance.

11-3-204 Nonconforming Buildings or Structures.

(1) Ordinary Maintenance or Repair. A nonconforming building may be maintained or repaired so long as it does not increase the nonconformity of the building.

(2) Additions or Enlargements. A nonconforming building may be enlarged or altered, provided that the proposed changes are in conformance with the current zoning ordinance. In addition, the Board, after a public hearing, may allow an enlargement which does not conform to height, lot coverage, setbacks or area requirements, based on the following determinations:

(a) Granting the expansion will not adversely impact the attainment of the Springville City General Plan;

(b) The expansion will improve the general appearance or safety of the area;

(d) The expansion will improve the area by providing additional or adequate parking;

(e) Any expansion will be adequately screened or buffered, if needed, so as not to increase impacts on the adjoining properties

(3) Nonconforming Use Expansion Limits. A nonconforming use may not expand into any enlarged or altered portion of a nonconforming building.

(4) Damage or Destruction. A nonconforming building, that is damaged or destroyed by fire, flood, earthquake, wind or other natural disaster may be restored or rebuilt; provided that a building permit is obtained within six months of the event and that restoration is diligently pursued to completion. The overall floor area of a nonconforming building may be increased provided no additional nonconformities are created.

(5) Loss of Nonconforming Rights. A building or structure nonconforming as to the setback, lot coverage, height restrictions or other relevant zoning regulations, shall lose its nonconforming rights at the time the building is demolished, renovated to be conforming or removed from the site.

11-3-205 Nonconforming Uses.

(1) Right of Use. The lawful nonconforming use of a building, structure, or land existing at the time the applicable zoning regulations became or become effective may be continued.

(2) Limits to Expansion of Use. A nonconforming use may be expanded through the same building in which it is located, provided no structural alteration of the building is proposed or made for the purpose of the extension. For purposes of this subsection, the addition of a solar energy device to a building is not a structural alteration. A nonconforming use may not be expanded on a lot.

(3) Discontinuance or Abandonment. If a nonconforming use located in a conforming building, structure or lot is discontinued for a period of one year or more, the building, structure or lot shall only be occupied by a use that is in conformance with the present use regulations of the zone in which it is located.

(4) Change to Another Nonconforming Use Prohibited. A nonconforming use may not be changed to another nonconforming use.

(5) Change to a Conforming Use. Once any part of a building or lot, serving as the location of a nonconforming use, has been used by a conforming use, that location may not be used by the previous or any other nonconforming use.

(6) Notwithstanding the provisions of this Section, a building legally built and occupied as a single-family dwelling that is currently located in a non-residential zoning district, may be repaired, altered, enlarged or replaced provided that any changes do not increase any building or lot nonconformities, no additional dwelling units are added and all required permits are obtained. For purposes of this provision, the R-1 development standards of the 1949 Springville City Zoning Ordinance shall apply.

11-3-206 Nonconforming Lots of Record.

(1) Right of Use. A nonconforming lot may continue to be occupied and used, although it may not conform in every respect with the dimensional and area requirements of this Chapter. The nonconforming lot shall be subject to the provisions of this Chapter.

(2) Loss of Nonconforming Rights. A nonconforming lot shall lose its status at such time as it is combined with an adjacent lot.

(3) New Construction or Additions on Residential Nonconforming Lots of Record. A building permit may be issued for a single-family dwelling or changes to an existing single-family dwelling in any zone allowing such use; provided, that the development regulations, exclusive of lot width and area, of the current Zoning Ordinance shall be met.

(Ord. No. 06-2012, 07/17/2012)

11-3-207 Determination of Nonconforming Status – Effect of Determination.

(1) Procedure. The Zoning Administrator or the Administrator’s designee shall determine the existence, expansion or modification of a nonconforming building, lot or use or other nonconformity as provided in the following procedure:

(a) If a determination of the nonconforming status of a property is desired, the owner or his designee shall submit a completed application for a Certificate of Nonconformity with the Community Development Department. In all cases, the property owner shall have the burden of proving by a preponderance of evidence that a building, lot, use or other circumstance, which does not conform to the provisions of this Title, complied with the applicable ordinance requirements in effect at the time the current circumstances were originally created.

(b) A preponderance of evidence is evidence which is more credible and convincing than evidence offered in opposition to it.

(c) Evidence offered to prove a building, lot, use or other circumstance was legally created may include, but not be limited to:

(i) The date when the circumstance was created;

(ii) Copies of applicable zoning, building or other Code provisions in effect at the time of creation;

(iii) Documents showing the nonconforming circumstance was authorized, such as a building permit, letters, and meeting minutes of governmental bodies where the circumstance was discussed or authorized;

(iv) Property inspection reports which indicate the degree that the nonconforming circumstance complies with the applicable Codes in effect at the time of creation; and

(v) Affidavits of persons with personal knowledge of the circumstances of creation.

(d) If no provision of a previously applicable zoning ordinance would have allowed a claimed nonconforming circumstance it shall be prima facie evidence that it was not legally established.

(e) If when established, a building, lot, use or other circumstance did not conform to the provisions of applicable zoning or other Code provisions, the fact of occupancy, use or existence for any period of time shall not be a factor in determining whether the circumstance should be deemed legally established.

(f) If a determination is made that the building, lot, use or other circumstances did conform to the applicable zoning or other Code provisions, a Certificate of Nonconformity shall be issued by the Community Development Department in accordance with the procedure defined above.

(g) Notice of the final determination may be appealed to the Board of Adjustment as provided in Section 11-2-305 of this Title and shall state the date by which the appeal must be filed.

(3) Abatement or Compliance. If a property owner is unable to demonstrate that a building, lot, use or other circumstance was legally established, it shall be deemed illegal and not to be a nonconforming use. It shall be abated or brought into conformance with applicable provisions of this Title. Abatement or compliance shall be achieved within thirty (30) days, unless the work which must be undertaken to achieve compliance cannot be accomplished in that time period. In such case, the owner of the property shall enter into a legally binding agreement with the City wherein the owner agrees to a schedule to achieve conformity as soon as reasonably practicable, so long as compliance is achieved within six (6) months. Failure to abate or remedy the illegal building, lot, use or other circumstance may be deemed a nuisance by the City.

(4) Expansions, Additions, or Changes to a Nonconforming Building. No building permit for expansions, additions or changes of a nonconforming building or use shall be issued unless and until a Certificate of Nonconformity has been issued. The proposed work shall be in accordance with the terms and conditions of said Certificate. Any violation of the terms or conditions of said Certificate may result in the building permit being revoked and the expansion, addition or changes be deemed illegal.

Article 3 – ANNEXATIONS

11-3-301 Petition for Annexation of Territory.

(1) A party seeking annexation to the City shall submit an annexation petition and a plat describing the property to the City Recorder, meeting the criteria established by State law. The request will be placed on the City Council agenda for rejection or acceptance for further review pursuant to the provisions of Section 10-2-404, Utah Code Annotated 1953. If accepted for further review, the City Recorder shall publish the notices, and provide the written notices as required by State law. The City may also initiate an annexation as outlined in Section 10-2-418, Utah Code Annotated 1953, where islands or peninsulas exist within its boundaries.

(2) The Community Development Department may establish forms and procedures for applications/petitions for annexation to Springville City in addition to those set forth by State law.

(Ord. No. 06-2012, 07/17/2012)

11-3-302 [Repealed]

(Repealed by Ord. No. 06-2012, 07/17/2012)

11-3-303 [Repealed]

(Repealed by Ord. No. 06-2012, 07/17/2012)

11-3-304 [Repealed]

(Repealed by Ord. No. 06-2012, 07/17/2012)

11-3-305 Review Criteria.

The Planning Commission and City Council, in reviewing annexation requests and in carrying out their duties under this Chapter, shall in addition to any other issue, consider the following:

(1) Whether the City desires to annex additional land.

(2) Whether the City has the capability of supplying adequate municipal services to the area proposed for annexation, such as water, sewer, police, fire, and street maintenance.

(3) Whether the water rights to be conveyed, if any, pursuant to Section 11-3-307 produce a sufficient quantity of water.

(4) Whether the proposed annexation is consistent with the City’s General Plan.

(5) What conditions, if any, should be attached to proposed annexations which are necessary for proper implementation of the General Plan.

(6) Whether all required fees have been paid.

11-3-306 Review Fees.

The following fees shall be required to be paid by those making a petition for annexation:

(1) A review fee in an amount as may be fixed by resolution of the City Council shall be submitted to the City Recorder with each annexation petition.

(2) A Policy Declaration preparation fee in an amount as may be fixed by resolution of the City Council shall be submitted to the City prior to the preparation of any required declaration. Said fee shall be used to offset the cost of preparing a Policy Declaration for any proposed annexation.

(3) Prior to action by the City Council, a plat review and recording fee, as may be fixed by resolution of the City Council, shall be submitted to the City Recorder. Said fee shall be used to offset the cost to the City for the processing of the petition and resolution, conducting the necessary legal and engineering reviews, and recording the resolution and plat.

11-3-307 Water Rights.

No water rights need be tendered at the time of annexation. At any time development occurs on any property annexed, the owner or developer of the property must tender water shares to the City in accordance with Springville City Code.

11-3-308 Other Conditions.

(1) Other conditions as may be deemed necessary for the general welfare of the City may be attached as a prerequisite to the annexation of any land. Said conditions may include, but are not limited to, the conveyance of land or the granting of an easement to preserve a designated floodway, or the location of a major street, drainage way, utility easement, park, or similar public use.

11-3-309 [Repealed]

(Repealed by Ord. No. 06-2012, 07/17/2012)

Article 4 – DEFINITIONS

11-3-401 Interpretation.

For the purpose of this Title, certain words and terms are defined as follows:

(1) Words in the present tense include the future, and the future includes the present.

(2) The singular number includes the plural and the plural the singular.

(3) The word “lot” includes the word plot, tract or parcel of land, as the sense may require it.

(4) The term “erected” means constructed, altered, moved or repaired.

(5) Words “shall” and “must” are always mandatory.

(6) The word “district” is synonymous with the word “zone.”

(7) Drawings used within this Title are for illustrative purposes only.

(Amended by Ord. No. 28-2006, 10/03/2006)

11-3-402 Definitions. Revised 11/24

The following words, as used in this Title, shall have the meaning ascribed to them:

Accessory Building – An incidental subordinate building customarily incidental to and located on the same lot occupied by the main use or building, such as a detached garage. An accessory building is considered an accessory structure and an accessory use structure.

Accessory Dwelling Unit (ADU) – A housing unit which is either (1) self-contained but incorporated within an existing structure that is designed as a single-family dwelling and will not substantially alter the structure or appearance of the structure or (2) contained within an accessory building that is accessory to a single-family dwelling.

Accessory Frame Structure – A skeletal structure constructed of beams of wood, metal or similar products, none of which are greater than one foot (1') in width and includes no roof or walls.

Accessory Use – SEE SUPPLEMENTAL USE

Acre – shall mean a land area measuring forty-three thousand five hundred sixty (43,560) square feet.

Adult Sexually Oriented Business – Please see the definitions in Section 7-8-103 of Springville City Code.

Agriculture – Shall mean farming, including plowing, tillage, cropping, installation of best management practices, seeding, cultivating or harvesting for the production of food, the grazing or raising of livestock (except in feedlots); sod production; orchards; Christmas tree plantations; nurseries; and the cultivation of products as part of a recognized commercial enterprise.

Agricultural Structure – A structure on agricultural land designed, constructed, and used to house farm implements, livestock, or agricultural produce or products used by the owner, lessee, or sub-lessee or their immediate families, their employees, and persons engaged in the pick up or delivery of agricultural produce or products grown or raised on the premises. The term “agricultural structure” shall not include dwellings.

All-Weather Passable Surface – A hard surfaced material, such as concrete or asphalt or similar impervious materials.

Alley – A public or private right-of-way primarily designed to serve as a secondary access to the side or rear of those properties whose principal frontage is on a public street.

Animal Clinic – Provision of health related services of an outpatient nature.

Animal Grooming – Provision of bathing and trimming services for small animals on a commercial basis.

Animal Hospital – A place where animals or pets are given medical or surgical treatment and are cared for during the time of such treatment. Use as a kennel shall be limited to short-time boarding and shall be only incidental to such hospital use.

Animal Keeping – The raising, care, and keeping of animals and fowl, specifically in the A-1 and R1-15 Zones under the following conditions:

(1) In the R1-15 Zone, no animals may be kept on any lot smaller in size than twenty thousand (20,000) square feet.

(2) The number of animals kept on any lot or parcel shall not exceed one (1) animal unit, as defined below, for each ten thousand (10,000) square feet of area of the lot which is used as livestock management area.

(3) No animals shall be kept on any lot or parcel where less than ten thousand (10,000) square feet of the lot is used as livestock management area nor shall fractional animal units be permitted.

(4) For purposes of this Title, livestock management area shall include all portions of the lot or parcel used as sheds, barns, coops, corrals, pastures, stables, gardens or cultivated grounds where animal waste can be spread, but shall not include the area of lot or parcel devoted to dwellings, sidewalks, driveways, and lawn.

(5) “Animal keeping” does not include keeping hen chickens for egg production. Keeping hens for egg production in accordance with Title 3, Chapter 7 does not count for utilization of an animal unit unless more fowl are kept than permitted therein.

Animal Unit – For purposes of this Title, one (1) animal unit shall be any of the following:

- Horse/mule/cow/llama: 1 = 1 animal unit

- Miniature horse/sheep/goats/emu: 4 = 1 animal unit

- Small fowl/livestock (i.e., chickens, rabbits, chinchillas, or similar animals): 12 = 1 animal unit.

Young animals less than six (6) months of age shall not count toward the allowable unit limit. The keeping of exotic animals is permitted only as a conditional use in those zones that allow animal keeping.

Animals, Retail Sales – Retail sales and boarding of small animals, provided such activities take place within an entirely enclosed building.

Applicant – The one (1) person designated by the developer to serve as the central contact during the planning and development process of the project.

Artisan Shop – An establishment not exceeding three thousand (3,000) square feet of gross leasable floor area, for the preparation, display, and sale of individually crafted artworks including, but not limited to, drawings, sketches, painted works, jewelry, furniture, sculpture, pottery, leathercraft, hand-woven articles and related items.

Assisted Living Facility –

(1) A type I assisted living facility, which is a residential facility that provides assistance with activities of daily living and social care to two (2) or more residents, who:

(a) Require protected living arrangements; and

(b) Are capable of achieving mobility sufficient to exit the facility without the assistance of another person; and

(2) A type II assisted living facility, which is a residential facility with a home-like setting that provides an array of coordinated supportive personal and health care services available twenty-four (24) hours per day to residents who have been assessed by the State of Utah to need any of these services.

Automotive Repair, Major – A facility which services motor vehicles with all types of repair work including major engine and transmission repairs, and similar activities.

Automotive Repair, Minor – A facility which services motor vehicles with minor engine repair, tire repair, battery repair or changing, lubrication, storage of merchandise and supplies relating to the servicing of motor vehicles, but excluding major automobile engine or transmission repairs, body work, painting, or similar activities.

Berm – An earthen mound designed to provide visual interest, screen views and decrease noise.

Block – A unit of land bounded on all sides by public streets or a combination of streets, public land, railroad rights-of-way, waterways or other barriers to the continuity of development.

Block Length – All of the property fronting on a street that is between intersecting streets or between a street and a water feature or the end of a dead-end street.

Brew Restaurant – A business licensed to brew and sell beer in connection with a bona fide restaurant where the revenue from the sale of beer is less than fifty percent (50%) of gross dollar volume, subject to all City licensing requirements and applicable provisions of the DABC.

Buffer – A combination of physical space and vertical elements, such as plants, berms, fences and walls, the purpose of which is to separate and screen incompatible land uses from each other.

Buildable Area – A portion of a zoning lot in which all defined physical conditions which render the area unsuitable for building purposes have been eliminated, including but not limited to:

(a) Having a degree of slope less than that required to be left in a natural state,

(b) Wetlands, and

Buildable Envelope – The portion of a lot which may be occupied by buildings or structures, but not including front, side or rear yards or street setbacks, or the portion of such lot where provisions of this chapter prohibit the occupation of more than a certain portion of the lot by buildings or structures.

Building – Any structure built for the support, shelter, or enclosure of persons, animals, chattels, or property of any kind.

Building Height -- The vertical distance from the average finished grade surface at the building wall to the highest point of the coping of a flat roof or to the deck line of a mansard roof, or the mean height level between eaves and ridge for gable, hip, or gambrel roofs. Exclusions: Structures not used for human occupancy, including, but not limited to, chimneys, flag poles, television antennas, church towers, architectural features, and similar structures are excluded in determining height.

Building, Main – A building in which is conducted the principle principal use or business of the lot or building site on which the building is situated.

Building Height Illustration

Building, Main – A building in which is conducted the principle use or business of the lot or building site on which the building is situated.

Carriageway – SEE ALLEY

Caretaker Dwelling – A dwelling which is occupied by a person whose function is to watch or take care of a business or industry. Caretaker dwellings shall generally be located above the primary use and are limited to one dwelling unit per site.

Carport – A one-story structure entirely open on one or more sides used for vehicle parking or storage. For the purposes of this Title, a carport shall be subject to all of the regulations prescribed for a private garage whether attached or detached. Enclosed storage facilities may be provided as part of a carport.

Catch Basin – An inlet designed to intercept and redirect surface waters.

CFS – Cubic feet per second.

Church – A permanently constructed structure used primarily as a place of worship. This definition shall not include a tent or similar temporary enclosure.

Class 1 Utilities – Includes transmission lines (above and below ground) including electrical, natural gas and water distribution lines, pumping stations, lift stations and telephone switching facilities of up to 200 square feet.

Class 2 Utilities – Includes above grade water tanks, reservoir, water treatment plants, telephone switching facilities of greater than 200 square feet, substations, or other similar facilities in connection with telephone, electric, steam or water facilities.

Class 3 Utilities – Any receiving or transmitting tower for radio television, telecommunications or similar uses.

Class 4 Utilities – High pressure lines, high voltage, etc.

Class 5 Utilities – Generation, production or treatment facilities such as power plants, sewage treatment plat, waste transfer or landfill or similar facilities.

Commercial Parking Lot and/or Structure – An open area or partially open and/or enclosed area other than a street or lane used for the parking of motor vehicles and available for public and/or private use whether or not for compensation.

Commercial Subdivision – Any land that is divided, re-subdivided or proposed to be divided into two (2) or more lots, parcels, sites, units, plots, or other division of land for the purpose, whether immediate or future, of offer, sale, lease, or development either on the installment plan or upon any and all other plans, terms or condition for the use of commercial, industrial, residential or commercial condominium, or multi-family development. For purposes of clarification, any remaining portion of the original lot from which additional lots were subdivided shall be counted as one (1) lot.

Common Area – An area designed to serve two (2) or more dwelling units in separate ownership with convenient access to all dwelling units.

Community Use – A publicly owned facility or office building which is primarily intended to serve the administrative, recreational, educational, and cultural or entertainment needs of the community as a whole. Community uses also include public parks and playgrounds.

Conditional Use – A land use that because of its unique characteristics or potential impact on the City, 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. A conditional use may be allowed, allowed with conditions, or denied in designated zoning districts, based on compliance with standards and criteria set forth in this Title for those uses.

Conventional Construction – A structure which is constructed in compliance with the provisions of the International Building Code, International Mechanical Code, National Electric Code, International Plumbing Code and International Gas Code as adopted by the City.

Condominium – The ownership of a single unit in a multi unit project, together with an undivided interest in common areas and facilities of the property.

Condominium Project – A plan or project whereby two or more units, together with an undivided interest in the common area or facility, are separately offered or proposed to be offered for sale. This definition shall apply to existing or proposed residential, commercial or industrial buildings or structures which are intended to be sold separately. Condominium projects shall also mean the property when the context so requires.

Condominium Ownership Act, or Act for purposes of Article 4 of Chapter 4 of this Title, shall mean the provisions of Title 57, Chapter 8, Utah Code Annotated 1953, as amended.

Condominium Conversion – shall mean a proposed change in the type of ownership in a parcel or parcels of land, together with the existing attached structures, from single ownership of such parcels, such as an apartment house or multi-family dwelling, into that defined as a condominium project or other ownership arrangement involving separate ownership of individual units combined with joint or collective ownership of common areas, facilities, or elements.

Condominium Unit – shall mean the physical elements or space of a condominium project which are to be owned separately and excludes common areas and facilities, as defined in Section 57-8-3, Utah Code Annotated 1953, as amended.

Contractor Yard – A place and/or building, or portion thereof, that is used or is intended to be used by a contractor/builder with one (1) or more of the following: construction material storage, machinery storage or repair, including trucks and heavy equipment, shops and office space.

Critical Angle of Repose – The maximum angle that a soil will remain stable, without movement under static conditions.

Cross Access – A means of access between one (1) or more properties, usually by means of a recorded perpetual easement.

Cul-de-sac – A local street with only one (1) outlet that terminates in a vehicular turnaround appropriately sized for the safe and convenient reversal of traffic.

Day – Calendar days, unless specifically stated as working day(s).

Day Care, Home – A dwelling unit wherein ordinary care and supervision are provided during customary day time periods by the resident family to nonrelated persons. To qualify, said dwelling must be approved by the State Division of Social Services or other appropriate State agency.

Day Care Center, Commercial – Any facility where the care, supervision and guidance of five (5) or more children, age fourteen (14) years and under unaccompanied by parent, guardian or custodian occurs on a regular basis for periods of care of less than twenty-four (24) hours per day, in a place other than the children’s own homes for compensation.

Debris – Bits and pieces of stone, rubbish, etc.

Deciduous – Plants that drop their foliage annually before becoming dormant.

Density – The number of dwelling units per acre of land area or the amount of land area per dwelling unit.

Designated Flood-Hazard Area – A subzone of the FPO, flood-plain overlay zone, which designates that area subjected to flooding from a base flood and for which flood-hazard factors have been identified. In general this includes the area identified within the A1 to A30, AH and the A (unnumbered) zones on Springville City Flood Insurance Rate Map.

Detention Area – An area that is designed to capture specific quantities of stormwater and to gradually release the stormwater at a sufficiently slow rate to prevent flooding.

Development – Any man made 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.

Development Review Committee – This committee consists of representatives of various departments or divisions of the City, including Community Development, Engineering, Public Works, Fire, and Police, Parks and Recreation, and Springville Municipal Power. Additionally representatives from other agencies are also invited to participate on an as-needed basis to address issues relevant to the proposed project.

Director – The Springville City Community Development Director or the Director’s designee.

Drive Approach – An area of the public right-of-way located between the roadway and property adjacent to the public right-of-way that is intended to provide access for vehicles from the roadway to the adjacent property.

Driveway – An improved and maintained way providing vehicular access from the public street to a parking area.

Dwelling, Mixed Use – A dwelling that is located on the same lot or in the same building as a nonresidential use.

Dwelling, Single-Family Attached – A dwelling unit located within a single structure, sharing one (1) or more common vertical walls and which is located on a separate lot designed for separate ownership. (Amended by Ord. No. 29-05, 12/20/2005)

Dwelling, Single-Family Detached – A dwelling designed for and occupied exclusively by one (1) family on a lot and not sharing any common wall.

Dwelling, Two Unit (Duplex) – A building containing two (2) dwelling units attached side-by-side by one (1) or more vertical party walls, and designed to be occupied by two (2) families living independently of each other.

Dwelling Unit – One (1) or more rooms in a building designed for living purposes (bathing, eating, and sleeping) and occupied by one (1) family.

Dwelling, Multiple-Family – A building or portion thereof, used and designed as a residence for three (3) or more families living independently of each other.

Easement – That portion of a lot or lots reserved for present or future use by a person or agency other than the legal fee owner(s) of the property. The easement may be for use under, on or above said lot or lots.

Easement, Perpetual – An easement that runs with the land.

Elderly Person – A person who is sixty-two (62) years or older, who desires or who needs to live with other elderly persons in a group setting, but who is capable of living independently.

Evergreen – A plant with foliage that persists and remains green year-round.

Family – A person living alone or any of the following groups living together as a single nonprofit housekeeping unit and sharing common living, sleeping, cooking and eating facilities:

(a) Any number of people who are all related by blood, marriage, adoption, or guardianship together with any incidental domestic or support staff who may or may not reside on the premises;

(b) Four (4) unrelated people; or

Exceptions: Family does not include:

(a) Any society, club, fraternity, sorority, association, lodge, federation, coterie, or like organization.

(b) Any group of individuals whose association is temporary or seasonal in nature.

Fence, Architecturally Solid – A fence, wall or hedge (including any gates in said fence) constructed of solid material, through which no visual images may be seen.

Fence, View Obstructing – A fence, wall or hedge, that is fifty percent (50%) or more opaque when viewed from any angle.

Final Plat – Record of Survey Map – A plat or plats of survey of land within a subdivision or other large-scale development, which have been prepared in accordance with applicable City standards and state statutes for the purposes of recording in the office of the county recorder.

Flood, 100-Year – The temporary inundation of normally dry land areas by a flood that is likely to occur once every one hundred (100) years (i.e., that has a one percent (1%) chance of occurring each year, although the flood may occur in any year).

Flood-Insurance Study – For purposes of this Title, flood insurance study shall include that certain document promulgated by the Federal Insurance Administration entitled Flood Insurance Study, City of Springville, Utah, February 1985, and two (2) maps of Springville City, promulgated by the Federal Insurance Administration entitled Flood Boundary and Floodway Map, and Flood Insurance Rate Map, both of which are dated February 15, 1985.

Flood Plain – That area of the City which has been determined will be covered by the flood water as a result of the occurrence of a base flood. The limits of the flood plain are shown on the flood plain overlay map.

Flood Proofing – The application of a combination of materials and procedures to a structure which have the effect of rendering the structure watertight without human intervention, with walls substantially impermeable to the passage of water, the structural components resistive to hydrostatic and hydrodynamic loads and effects of buoyancy, and adverse infiltration to or discharge from utility system and facilities eliminated.

Floodway Area – A subzone of the FPO flood plain overlay zone consisting of the main channel of Hobble Creek and certain identified adjacent lands. The area serves as a primary water course and exerts the greatest impact on the velocity and height of flood flows.

Floor Area – The total floor area located within the outside walls of a building, exclusive of non-habitable areas having a height of seven feet (7') or less, such as basements, cellars, attics, shafts, garages, carports, and porches.

Foster-Care Home – A dwelling unit wherein room, board, care and supervision are provided by the resident family under the approval and supervision of the State Division of Social Services or other placement agency licensed by the state to provide for children who are unrelated to the resident.

Frontage – The width of a lot or parcel contiguously abutting a public right-of-way measured at the front property line.

Garage – A detached accessory building or portion of a main building designed for the parking or temporary storage of automobiles of the occupants of the premises.

General Business Office – A place where business is conducted relating to the internal functions of the immediate establishment or with other off-site businesses, but not including service to the public.

General Plan – A document that the City adopts setting forth general policies for proposed future development of land within the City. General Plan shall include what is also commonly referred to as a “master plan.”

General Retail Sales – Establishments that are retail operations that carry an assortment of merchandise from all the other categories. Such establishments may include, but are not limited to, department store, discount store, big box retail and membership clubs and similar establishments.

Grade of Building –

(1) For buildings fronting one (1) street only, the elevation of the sidewalk or center line of street, whichever is higher, at right angles to the midpoint of the fronting wall.

(2) For buildings fronting more than one (1) street, the average of the elevations of the sidewalk or center line of street out from the midpoint of the fronting walls.

(3) For buildings having no walls fronting the street, the average level of the sidewalk or center line of surrounding streets, whichever is higher.

Gross Facade – The total facade area excluding foundations, roofs and gable-end openings, but inclusive of any openings for doors, windows or similar openings in the facade.

Groundcover – A variety of plant materials consisting of grasses, flowers or other plant life that spreads horizontally and is maintained at a level of no higher than eighteen inches (18").

Guest – A person staying or receiving services for compensation at a hotel, motel, boarding house, rooming house or rent home or similar use.

Halfway House – A place where persons are aided in readjusting to society following a period of imprisonment, hospitalization, or institutionalized treatment.

Hard Surfaced – An impervious, dust-free surface such as concrete, asphalt or similar materials.

Heavy Industry – Manufacturing Processes – Manufacturing of products, primarily from extracted or raw materials, or bulk storage and handling of such products and materials. Uses in this classification may involve: Incidental truck or rail traffic; and/or outdoor storage of products, materials, equipment, or bulk fuel;

This classification includes, but is not limited to:

(1) Animal or fowl slaughter;

(2) Commercial laundry and dry cleaning plants greater than five thousand (5,000) square feet in size;

(3) Junkyards;

(4) Poultry production and processing within an enclosed building;

(5) Power generation;

(6) Resource extraction;

(7) Asphalt and/or concrete products manufacture, including concrete ready mix plants and dry or wet mix short pour concrete sales;

(8) Chemical and allied products manufacture (excluding pharmaceuticals);

(9) Paper, pulp or paperboard producers;

(10) Fabricated metal product manufacturing.

Hedge – A continuous dense planting of shrubs creating a landscape screen or fence.

Highway, Limited Access – A traffic-way for through traffic, in respect to which owners or occupants of abutting property on lands and other persons have no legal right to access to or from the same, except at such points and in such manner as may be determined by the public authority having jurisdiction over the traffic-way. For purposes of this Title, the following traffic-ways have been identified as limited access highways:

- 1400 North (SR 75), from Main Street (US 89), to the west City boundary.

- 400 South (SR 77), from Main Street (US 89), to the west City boundary.

Home Occupation – The use of a portion of a dwelling as an office, studio, or work room for occupations conducted in the home, and which are incidental to the primary use as a home or residence, and provided further that all conditions of Section 11-6-116 are satisfied.

Hotel – A building containing guest rooms that are accessed through interior corridors and in which lodging is provided for compensation to transient guests for a period of less than thirty (30) days, and where commercial services may be provided for guests.

Household Pets – Animals or fowl ordinarily permitted in the house and kept for company or pleasure, including, but not limited to, dogs, cats, canaries and chinchillas.

Hydraulic Repair, Minor – Bench repair of hydraulic machine components, when hydraulic components are removed and repaired from the primary machinery. Hydraulic components to be repaired are limited in length to forty-four feet (44') fully extended. Primary machinery is not stored on site. Hydraulic repair, minor shall not include manufacturing of hydraulic components regardless of size.

Impervious Surface – Any hard-surfaced, man-made area that does not readily absorb or retain water, including but not limited to building roofs, parking and driveway areas, sidewalks, and paved recreation areas.

Information Brochure – A written statement setting forth the organizational structure of a Home Owners’ Association and the rights and obligations of the developers, Home Owners’ Association, lot owners and the City.

Junk – Scrap or waste material of whatsoever kind or nature collected or accumulated for resale, disposal, or storage.

Junk Yard – Any space for storage, abandonment or sale of junk, scrap material or similar waste, including the dismantling, demolition or abandonment of automobiles, other vehicles, machinery or parts. Junkyard shall be synonymous with salvage yard.

Land-Use Plan – A plan approved by the City Planning Commission and adopted by the City Council, which shows how the land should be used; an element of the General Plan.

Landscape Island – A landscape area surrounded by parking lot on at least two (2) sides.

Landscaping – The installation of living plan materials (i.e., ground cover, flowering plants, vines, shrubs and trees) planted directly in the ground and not on top of any impervious surface materials. Paving materials, water features and sculpture may be included as landscape design materials, provided such meet the requirements of the ordinance.

Large Scale Development – A development project approved in accordance with the applicable provisions of this Title containing several buildings, structures, or units designed for separate occupancy which are planned and developed under unified control as a single unit.

Light Industry – Manufacturing Processes – Manufacturing of finished parts or products, primarily from previously prepared materials; and provision of industrial services are within an enclosed building. Uses in this classification involve manufacturing processes that do not emit detectable dust, fumes, glare, or noise beyond the boundary of the property.

This classification includes, but is not limited to:

(1) Commercial bakeries (bakeries that provide for on-site sales activity shall not exceed fifteen percent (15%) of the total area of the buildings on the property, or five thousand (5,000) square feet, whichever is less);

(2) Clothing manufacturing;

(3) Fabricated textile production;

(4) Furniture manufacturing;

(5) Printing and publishing;

(6) Jewelry manufacturing;

(7) Research and development activities;

(8) Machine shops;

(9) Cosmetic and toiletries manufacturing;

(10) Plastic products manufacturing;

(11) Dairy products distribution;

(12) Computer and electronic product manufacturing;

(13) Nonferrous die casting foundries;

(14) Trucking facilities or terminals;

(15) Assembly of products and materials;

(16) Food processing and packaging.

Living Area – Those portions of a dwelling having a headroom height of seven feet (7') or greater and which are used for customary living activities. For purposes of this Title, living area shall not include portions of the structure used for parking of vehicles, unenclosed porches, storage rooms having only outside access, and rooms devoted exclusively to the housing of heating or ventilating or similar mechanical equipment.

Lot – Land occupied or to be occupied by a building or buildings, together with such open spaces as required under this Code, and having its principal frontage on a street or an officially approved place. Also building sites without reference to lots as recorded on official plats.

Lot, Corner – A lot situated at a junction of two (2) radii which are thirty-five feet (35') or less, and where the angle formed by the intersection of the tangent is one hundred five (105) degrees or less.

Lot, Deep or Flag – A large lot not meeting minimum frontage requirements and where access to the public road is by a narrow, private right-of-way or driveway.

Lot Depth – Distance measured between the front and rear lot lines, measured midway between the side lot lines.

Lot, Double Frontage – A lot having frontage on two (2) nonintersecting streets, as distinguished from a corner lot.

Lot, Interior – A lot other than a corner lot.

Lot, Irregular – A lot of such a shape or configuration that technically meets the area, frontage and width to depth requirements of this title but meets these requirements by incorporating unusual elongations, angles, curvilinear lines unrelated to topography or other natural land features.

Lot Line Adjustment – The relocation of the property boundary line between two adjoining lots with the consent of the owners of record.

Lot of Record – A parcel of land which is shown as a separate and independent parcel on the records of the plat records filed with the County Recorder.

Lot Width – The distance between two (2) side lot lines.

Lot, Zoning – A parcel of land which:

(1) Complies with all existing area, frontage, width, setback, and supplementary requirements of the zone in which it is located; and

(2) Has frontage on a City street, which street has been improved in accordance with City standards and is in use by the public, or has frontage on a private right-of-way within an approved large-scale development; and

(3) Is shown as a separate lot in an approved subdivision plat or large-scale development plan, which plat or plan has been approved in accordance with the applicable ordinances, or which is exempted from compliance with said ordinances.

Main Floor Area – The area of a building measured from the outside wall line on a horizontal plane, as viewed from above, which contains living area on one (1) or more levels.

Master Street Plan – A map approved by the Planning Commission and City Council which is part of the General Plan showing the approximate location of the existing and future collector and arterial class roads.

Manufactured Home – A structure, transportable in one (1) or more sections, which is constructed on or after June 15, 1976, according to the National Manufactured Housing Construction and Safety Standards Act of 1974, which, in the traveling mode, is eight (8) body feet or more in width and forty (40) body feet or more in length, or when erected on site, is four hundred (400) or more square feet in area, and which is built on a permanent chassis and is designed to be used as a dwelling unit with or without a permanent foundation when connected to the required utilities, and includes the plumbing, heating, air-conditioning, and electrical systems. For flood plain management purposes, it also includes park trailers, travel trailers, and other similar vehicles placed on a site for greater than one hundred eighty (180) consecutive days. For insurance purposes, it does not include park trailers, travel trailers and other similar vehicles.

Manufactured Home Park – A parcel (or contiguous parcels) of land divided into two (2) or more manufactured home lots for sale or rent.

Mass – The general shape or form rather than the architectural details.

Master Plan – Comprehensive Plan – General Plan – A coordinated plan which has been prepared and adopted for the purpose of guiding development, including, but not limited to, a plan or plans of land use, resources, circulation, housing, and public facilities and grounds.

Medical Cannabis Pharmacy or Cannabis Pharmacy – As defined under Section 26-61a-102, Utah Code Annotated 1953, and includes, without limitation, a person or entity that acquires or intends to acquire, possesses, and sells or intends to sell cannabis in a medicinal dosage form, a cannabis product in a medicinal dosage form, or a medical cannabis device, to a medical cannabis cardholder.

Medical Cannabis Production Establishment or Cannabis Production Establishment – As defined in Section 4-41a-102, Utah Code Annotated 1953, and includes a cannabis cultivation facility, a cannabis processing facility, or an independent cannabis testing laboratory.

Mixed-Use District – That portion of the Village Center and Town Center that includes a vertical mix of uses with commercial uses on the main floor and office and residential on the upper floors.

Mobile Home – A structure, transportable in one (1) or more sections, which is thirty-two (32) body feet or more in length, and which is built on a permanent chassis and designed to be used as a dwelling with or without a permanent foundation when connected to the required utilities, and includes the plumbing, heating, air conditioning, and electrical systems contained therein.

Mobile-Home Park – An area or tract of land used to accommodate two (2) or more mobile homes.

Motel – A building or group of buildings in which lodging is provided to transient guests for a period of less than thirty (30) days on a temporary basis, and in which access to and from each room or unit is through an exterior door.

Net Facade – The total wall area, excluding foundations, roofs, gable end openings and any openings for doors, windows or similar openings in the facade.

Nonconforming Building – A structure, or portion thereof, which legally existed before its current zoning designation and because of subsequent zoning changes, does not conform to the zoning regulations, setback, height restrictions, or other regulations that govern the structure.

Nonconforming Use – Use of a building, structure or land that was established legally before its current zoning designation and has been maintained continuously since the time the zoning regulations governing the land changed and because of subsequent zoning changes, does not conform with the zoning regulations that now govern the land.

Nonconforming Lot of Record – A parcel of land that legally existed before its current zoning designation and because of subsequent zoning ordinance changes does not conform to the zoning regulation’s frontage, lot area or other regulations that govern the parcel.

Obsolete Vehicle – A vehicle is considered obsolete if any of the following conditions exist:

(1) The engine, transmission, or other mechanical part has been removed so that the motor vehicle may not be operated under its own power.

(2) The vehicle is stored or parked other than on its wheels.

(3) More than one (1) tire is flat.

(4) It has not been registered under the Utah Motor Vehicle Act for a period in excess of eighteen (18) months.

(5) It has not been operated under its own power for a period in excess of eighteen (18) months.

Off-Street Parking Space – An area for the parking of automobiles which does not include a public street but has convenient access to it.

Off site – Of or pertaining to the territory outside of the boundaries of a particular project.

On site – Of or pertaining to the territory within the boundaries of a particular project.

Ornamental Tree – A deciduous tree planted primarily for its ornamental value or for screening purposes. These trees tend to be smaller at maturity than shade trees.

Over Size Improvements – A water or sewer line, or similar improvements installed as a condition of approval of a project, which is larger than necessary to supply the needs of the immediate project.

Open Space – Land which is open from the ground upward and which is not covered by dwellings or other buildings, or by pavement or other impervious material.

Open-Space Easement Agreement – An agreement between the City and a property owner in which the property owner agrees for himself and his successors and assigns to refrain from constructing dwellings and other buildings on a specific parcel of land for a specific period of time.

Paint and Body Shop – Building and premises used primarily for the commercial repair of damage to the chassis of an automobile, including major and minor collision damage, frame and panel straightening, repainting and refinishing, and similar activity.

Parking Lot – Hard-surfaced off-street parking stalls, parking access lanes, and interior roads, exclusive of that portion of the driveway included in the right-of-way and the street frontage landscape border.

Parking Space – A hard surfaced area, not less than twenty feet (20') in length and not less than nine feet (9') in width for the parking of a mobile vehicle, exclusive of driveways and ramps.

Person with a Disability – A person who has a physical or mental impairment that substantially limits one (1) 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. A disability does not include current illegal use of, or addiction to, any federally controlled substance, as defined in Section 102 of the Controlled Substances Act, 21 U.S.C. 802.

(1) “Physical or mental impairment” includes, but is not limited to, diseases and conditions such as orthopedic, visual, speech and hearing impairments, cerebral palsy, autism, epilepsy, muscular dystrophy, multiple sclerosis, cancer, heart disease, diabetes, HIV infection, developmental disabilities, mental illness, drug addiction (other than addiction caused by current, illegal use of a controlled substance), and alcoholism.

(2) “Major life activities” means functions such as caring for one’s self, performing manual tasks, walking, seeing, hearing, speaking, breathing, learning and working.

(3) “Has a record of such an impairment” means has a history of, or has been classified as having, a mental or physical impairment that substantially limits one (1) or more major life activities.

Pervious Surface – A surface that presents an opportunity for precipitation to infiltrate into the ground.

Preschool – A day care facility providing educational experiences and operating in compliance with the definitions and regulation of the State of Utah.

Preschool, Home Based – An educational facility operated on a residential premises, regularly providing an educational program for not more than sixteen (16) children (including the operator’s natural, adopted, or foster children under six (6) years of age) at any one (1) time. Classes shall include not more than sixteen (16) children for more than four (4) hours a day and shall be operated between the hours of 8:00 a.m. and 6:00 p.m. Instructors shall be licensed by the State of Utah and provide at least thirty-five (35) square feet of interior floor area and at least one hundred (100) square feet of outdoor play area for each child. Such use shall be defined a home occupation for purposes of this Title and be in compliance with all City Codes and regulations required of such.

Primary Street – Streets on which the front facade of the building faces.

Professional Office – Means places where a service is provided and business is conducted with the public by certified, licensed, registered or trained professionals including, but not limited to, insurance agents, attorneys, architects, real estate agents, accountants, medical, dental, optical, or any similar type of profession.

Public Agency Owned Senior Housing – A housing development project owned and maintained by the Utah County Housing Authority and occupied by individuals who are sixty (60) years of age or older and approved for occupancy by the Authority.

Public Building – A structure, owned and operated by a unit of government, which houses equipment or activities performed by that agency, including City buildings, libraries, fire stations, and similar uses.

Public Park – Shall mean a tract of land which is owned by the public and which has been partially or totally developed or designated for recreational purposes.

Public Street – All real property and improvements thereon used or dedicated as a public right-of-way for vehicular or pedestrian traffic, including any highway, boulevard, parkway, avenue, street, road, driveway access, sidewalk, park strip or alley.

Rear Lot Line – The lot line opposite and generally parallel to the front lot line. For a pointed or irregular lot, the rear lot line shall be an imaginary line parallel to and farthest from the front lot line, not less than forty feet (40') long and wholly within the lot.

Recreational Facilities, Outdoor – Recreational uses conducted wholly outdoors, including but not limited to athletic fields, golf driving ranges, miniature golf, skateboard park, tennis, handball, basketball courts, and swimming pools.

Recreational/Fitness Facility, Indoor Private – A business or membership organization providing exercise facilities and/or nonmedical personal services to patrons indoors.

Recreational Vehicle – A vehicular unit other than a mobile home, designed as a temporary dwelling for travel, recreational and vacation use, which is either self propelled or is mounted on or pulled by another vehicle, including but not limited to a travel trailer, a camping trailer, a truck camper, and a motor home. A recreational vehicle is capable of being transported on public streets and highways. The gross RV/trailer area shall not exceed four hundred (400) square feet in the set up mode.

Recreation-Vehicle Court – An area or tract of land used to accommodate two (2) or more recreational vehicles.

Rehabilitation/Treatment Facility – A facility licensed by or contracted by the State of Utah to provide temporary occupancy and supervision of individuals (adults/juveniles) in order to provide rehabilitation, treatment, or counseling services. Such services may include rehabilitation, treatment, counseling, or assessment and evaluation services related to delinquent behavior, alcohol and drug abuse, sex offenders, sexual abuse, or mental health. Associated education services may also be provided to juvenile occupants.

Residential Facility for Elderly Persons – A single-family or multiple-family dwelling unit that is occupied by eight (8) or fewer elderly persons and meets the requirements of Section 10-9-516, Utah Code Annotated 1953, et seq., as amended. It does not include a health care facility.

Residential Facility for Persons with a Disability – Means a residence in which more than one (1) person with a disability resides; and (a) is licensed or certified by the Department of Human Services under Title 62A, Chapter 2, Utah Code Annotated 1953; or (b) is licensed or certified by the Department of Health under Title 26, Chapter 21, Health Care Facility Licensing and Inspection Act of Utah Code Annotated 1953.

Residential Health Care Facility – A facility providing assistance with activities of daily living and social care to two (2) or more residents who require protected living arrangements. Residential Health Care Facility does not include a nursing home, nursing care facility or hospice. Placement of any person in such a facility shall be on a strictly voluntary basis and not part of, or in lieu of, confinement, rehabilitation, or treatment in a correctional facility. A facility shall not be a Residential Health Care Facility if any person being treated for alcoholism or drug abuse is placed there.

Residential Subdivision – Any land that is divided, re-subdivided or proposed to be divided into two (2) or more lots, parcels, sites, units, plots, or other division of land for the purpose, whether immediate or future, of offer, sale, lease or development either on the installment plan or upon any and all other plans, terms or conditions for the use of single-family, two-family, and/or townhome dwellings only. For purposes of clarification, any remaining portion of the original lot from which additional lots were subdivided shall be counted as one (1) lot.

Rest Home – A dwelling for the care and keeping of elderly or infirm persons. To qualify, said dwelling must be approved to operate by the State Division of Social Services or other state agency.

Right-of-Way – A general term denoting land, property, or interest therein, usually in a strip and dedicated for or devoted to such uses as a street, alley, or railroad.

Rowhouse – See Townhome.

School, Commercial – An establishment for the teaching of industrial, clerical, managerial, or artistic skills. This definition applies to schools that are owned and operated privately and do not offer a complete educational curriculum.

School, Private or Quasi-public – A school operated by a private or quasi-public organization or individual, which includes an academic curriculum recognized as satisfying the requirements of elementary, secondary or higher education in the State of Utah and is accredited by an accrediting agency recognized by the State of Utah. Such schools may include boarding facilities.

School, Public – A State-accredited educational facility operated by a school district or other public agency of the State of Utah.

Screen – A method of reducing the impact of noise and undesirable visual intrusions with more harmonious materials, such as plants, berms, fences, walls or any appropriate combination of such materials.

Screening – A method of visually shielding or obscuring a more intense use abutting a less intense use by fencing, walls, berms, or densely planted vegetation.

Senior Independent Living – A facility providing residential accommodations to seniors aged sixty-two (62) years or older who do not require assistance with daily activities or full-time skilled nursing, and which abides by all provisions of the Fair Housing Act. Such facilities may offer dining services, basic housekeeping and laundry services, transportation to appointments and errands, activities, social programs, and access to exercise equipment and other on-site amenities. Up to ten percent (10%) of units within a senior independent living facility may operate as assisted living units.

Setback – The shortest distance between the property line and outside surface of the foundation, wall, or main frame of the building.

Shade Tree – A deciduous tree with a mature crown width of at least twenty-five feet (25') and a mature height of not less than thirty feet (30').

Shallow-Flood Area – A subzone of the FPO flood-plain overlay zone which designates those areas in which the depth of flood water from a base flood ranges from one to three feet (1' to 3'), in which a clearly defined channel does not exist, in which the path of flooding is unpredictable and indeterminate, and in which velocity flow may be evident. In general, this is the area identified with the AO zone on the Springville City Flood Insurance Rate Map.

Shrub – A woody perennial plant of low to medium height with multiple stems and branches continuous from the base, usually not more than ten feet (10') in height at its maturity.

Side Streets – Streets generally running perpendicular to the primary street which provide access to parking and delivery areas behind the building.

Sign – Please see Section 11-6-304 for all sign-related definitions.

Significant Change – Changes or modifications that:

(a) Change the use or character of the development which results in an increase in the overall density or intensity of the use;

(b) Reduce previously approved open space, amenities or landscaping;

(d) Modify on-site traffic circulation or affect driveways; or

(e) Increase the impervious area of the site which increases storm drainage requirements.

Site Plan, Approved – A binding document, approved by the City, which consists of documentation and drawings required for the development of one (1) or more lots or parcels.

Slope – The average grade of the surface of land expressed either in percentage or in degrees.

Start of Construction – Includes substantial improvement, and means the date the building permit was issued, provided the actual start of construction, repair, reconstruction, placement, or other improvement was within one hundred eighty (180) days of the permit date. The actual start means the first placement of permanent construction of a structure on a site, such as the pouring of slabs or footings, the installation of piles, the construction of piles, or any work beyond the stage of excavation; or the placement of a manufactured home on a foundation. Permanent construction does not include land preparation, such as clearing, grading, and filling; nor does it include the installation of streets or walkways; nor does it include excavation for a basement, footings, piers or foundations or the erection of temporary forms; nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure.

Storage – Outdoor – The keeping, in an unroofed area, of any goods, operable vehicles, equipment, material or other merchandise associated with the principal use of a building. For the purpose of this definition, for a storage yard to be considered a supplementary/accessory use as listed in Section 11-4-301, the Land Use Matrix, the storage yard must be less than two (2) times the size of the building.

Story – That portion of a building included between the surface of a floor and the ceiling next above it.

Street Classification – The classification of each street, highway, road, and right-of-way is based upon its location in the respective zoning districts of the local government and its present and estimated future traffic volume and its relative importance and function as specified in the Master Plan of Springville City. The required improvements shall be measured as set forth for each street classification on the Official Map.

Street Line – The boundary between a street right-of-way and abutting property.

Street, Major/Principal Arterial – Highways forming the major statewide networks, designated by the Utah Department of Transportation and comprising the National Highway System built to federal standards.

Street, Minor Arterial – A street which provides for the movement of relatively heavy volumes of traffic to, from, or within the City.

Street, Major Collector – A street which collects and distributes internal traffic within a distinct urban area such as a residential neighborhood, between the arterial and local streets.

Street, Minor Collector – A street which collects and distributes internal traffic within a distinct urban area such as a residential neighborhood, between the arterial and local streets.

Street, Local Residential – A street providing for the direct access to abutting land and for local traffic movement.

Structure – That which is framed, erected, constructed or placed upon the ground; but not including fences which are six feet (6') or less in height.

Supplemental Use – A use which is incidental and subordinate to the prescribed permitted use within any respective zoning provision when the principal use exists in the same parcel and zone. No supplemental use shall be allowed on a particular parcel unless the permitted use is being actively utilized.

Subdivision – Any land that is divided, resubdivided or proposed to be divided into two (2) or more lots, parcels, sites, units, plots or other division of land for the purpose, whether immediate or future, for offer, sale, lease, or development either on the installment plan or upon any and all other plans, terms, and conditions.

(a) “Subdivision” includes:

(i) the division or development of land whether by deed, meets and bounds, description, devise and testacy, lease, map, plat, or other recorded instrument; and

(ii) except as provided in subsection (b) of this definition, divisions of land for all residential and non-residential uses, including land used or to be used for commercial, agricultural, and industrial purposes; and

(b) “Subdivision” does not include:

(i) a bona fide division or partition of agricultural land for the purpose of joining one (1) of the resulting separate parcels to a contiguous parcel of unsubdivided agricultural land, if, certified by the Director that neither the resulting combined parcel nor the parcel remaining from the division or partition violates an applicable zoning ordinance;

(ii) a recorded agreement between owners or adjoining properties adjusting their mutual boundary if, certified by the Director that:

a. no new lot is created; and

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

(iii) a recorded document, executed by the owner of record, revising the legal description of more than one (1) contiguous parcel of property into one (1) legal description encompassing all such parcels of property; or

(iv) the joining of a subdivided parcel of property to another parcel of property that has not been subdivided does not constitute a “subdivision” under this definition as to the unsubdivided parcel of property. This does not subject the unsubdivided parcel to the requirements of this Title.

Tandem – An arrangement of two (2) or more automobiles placed one (1) in front of the other.

Temporary Uses – Uses which are proposed to exist for a relatively short period of time.

Tender – An offer or proposal made for acceptance.

Townhome – A one (1) family dwelling in a row of at least three (3) such units in which each unit has its own front and rear access to the outside, no unit is located over another unit, and each unit is separated from any other unit by one (1) or more vertical common fire-resistant walls.

Tree – A large, woody plant having one (1) or several self-supporting stems or trunks and multiple branches that may be classified as deciduous or evergreen.

Tree Canopy – The upper portion of a tree consisting of limbs, branches and leaves.

Twin Home – A structure containing two (2) dwelling units, which is designed for one (1) family per dwelling unit, in which the dwelling units are attached to one another on one (1) or more sides by a vertical party wall or separate abutting vertical walls and which is capable of being divided in ownership so that each dwelling unit is situated on a separate lot of record.

Unnecessary Hardship – A general restriction placed upon a lot with respect to setback or area where, by reason of exceptional narrowness, shallowness, shape or topography of such lot, a literal enforcement of the general restrictions would result in an unfairness to the owner compared to the owners of other lots in the same zone and which literal enforcement would be unnecessary in order to achieve the intent of the zone.

Variance – A “variance” is a devise that grants a property owner relief from certain provisions of the zoning ordinance when, because of the particular physical surroundings, shape, or topographical conditions of the property, compliance would result in a particular hardship upon the owner, as distinguished from an inconvenience or a desire to reduce financial difficulties.

Walkway – A right-of-way dedicated to public uses, to facilitate pedestrian access through a subdivision block.

Warehousing – Storage and Distribution – Establishments involved in the storage and/or sale of bulk goods for resale or assembly, excluding establishments offering the sale of bulk goods to the general public, which is classified as a retail use.

Wholesale Trade and Warehousing – A use engaged in storage, wholesale and distribution of manufactured products, supplies or equipment, including accessory offices or showrooms, and including incidental retail sales.

Yard – The open-space area on a lot or parcel, except for permitted projections and landscaping, encompassing the territory between the outer wall of the building and closest opposite property line and extending the full width or depth, as appropriate, of the lot or parcel.

Yard, Corner Side – The lot area unoccupied by the main building, situated between the building and the side street line of the lot and extending from the front yard to the rear lot line.

Yard, Front – The lot area unoccupied by the main building, extending the full width of the lot and situated between the street line and the front line of the building projected to the side lines of the lot.

Yard, Interior Side – The lot area unoccupied by the main building, situated between the building and the side line of the lot and extending from the front yard to the rear yard. Any lot line not a rear line or a front line shall be deemed a side lot line.

Yard, Rear – The lot area unoccupied by the main building, situated between the rear line of the building and the rear line of the lot extending the full width of the lot.

Yard, Required – The open space around buildings which is required by the terms of this Title.

(Amended by Ord. No. 38-2007, 12/04/2007, Ord. No. 36-2007, 11/13/2007, Ord. No. 28-2006, 10/03/2006, and Ord. No. 06-2008, 03/18/2008; Ord. No. 02-2009, 1/20/2009; Ord. No. 05-2010, 04/20/2010; Ord. No. 17-2010, 11/16/2010; Ord. No. 21-2010, 12/07/2010; Ord. No. 03-2011, 02/15/2011; Ord. No. 08-2011, 05/03/2011; Ord. No. 05-2012, 06/05/2012; Ord. No. 06-2012, 07/17/2012; Ord. No. 11-2013, 10/01/2013; Ord. No. 14-2013, 12/17/2013; Ord. No. 02-2014, 01/21/2014; Ord. No. 06-2014, 03/19/2014; Ord. No. 03-2017 § 1, 03/21/2017; Ord. No. 17-2017 § 1, 08/01/2017; Ord. No. 50-2017, 09/05/2017; Ord. No. 02-2019 § 1, 02/19/2019; Ord. No. 15-2019 § 1, 07/02/2019; Ord. No. 24-2019 § 4, 11/19/2019; Ord. No. 17-2020 § 1, 08/04/2020; Ord. No. 23-2020 § 1, 09/01/2020; Ord. No. 19-2023 § 1 (Exh. A), 12/19/2023; Ord. No. 13-2024 § 1 (Exh. A), 10/15/2024)

CHAPTER 3ZONING Revised 11/24

11-3-101 Uses Prohibited in Zones Unless Expressly Permitted.

11-3-102 Contiguous Lots in Same Ownership.

11-3-103 Zoning of Annexed Territory.

11-3-104 Illegal Uses Prohibited.

11-3-201 Purpose and Intent.

11-3-202 Determinations of Nonconformities of Buildings, Lots and Uses.

11-3-203 Nonconformities Resulting from Public Action.

11-3-204 Nonconforming Buildings or Structures.

11-3-205 Nonconforming Uses.

11-3-206 Nonconforming Lots of Record.

11-3-207 Determination of Nonconforming Status – Effect of Determination.

11-3-301 Petition for Annexation of Territory.

11-3-302 [Repealed]

11-3-303 [Repealed]

11-3-304 [Repealed]

11-3-305 Review Criteria.

11-3-306 Review Fees.

11-3-307 Water Rights.

11-3-308 Other Conditions.

11-3-309 [Repealed]

11-3-401 Interpretation.

11-3-402 Definitions. Revised 11/24

CHAPTER 3
ZONING Revised 11/24