“Abandoned well” means a well whose purpose and use has been permanently discontinued or a well that is in a state of disrepair and its intended purpose cannot reasonably be achieved. A well can be abandoned only after being properly sealed according to the requirements of the State of Utah Administrative Rules for Water Well Drillers, R655-4-12.

“Accessory dwelling unit” means a secondary habitable living unit added to, created within, attached or detached from a primary single-family dwelling and contained on one lot, pursuant to the standards and regulations found in WPCC 17.70.060.

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

“Adjacent landowner” means any property owner of record, according to the records of the county recorder, whose property adjoins or abuts property proposed for subdivision, or any portion thereof.

“Administrative decision” means any final order, requirement, decision, determination or interpretation made by a land use authority in the administration or the enforcement of this title.

“Adversely affected party” means a person other than a land use applicant who: (1) owns real property adjoining the property that is the subject of a land use application or land use decision; or (2) will suffer a damage different in kind than, or an injury distinct from, that of the general community as a result of the land use decision.

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

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

“Agriculture, intensive” means the raising of crops combined with industry or business, such as fruit packing plants, fur farms, animal hospitals, greenhouses, or similar uses.

“Alley” means a private street with curb and gutter on both sides that provides access to the rear of residential or commercial buildings with a minimum width of 25 feet measured from the back of curb to the back of curb. Alleys do not provide access to more than 15 lots or units. Units or lots that have rear access from an alley also have frontage on a public road or a private road.

“Allowed uses” for water source protection regulations means a use, activity, or practice of which does not create a risk of water source contamination in the specified zone significant enough to require the implementation of regulatory requirements and best management practices and, therefore, the use is allowed.

“Alteration” means a change or rearrangement in the structural parts or its design, whether by extending on a side, by increasing in area or height, or in moving from one location or position to another.

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

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

“Antenna” means a device used in telecommunications that radiates or captures radio signals.

Apartment House. See “dwelling, multiple unit.”

“Appeal authority” means the person, board, commission, agency, or other body designated by ordinance to decide an appeal of a decision of a land use application or a variance.

“Applicant” means the owner of land proposed to be subdivided or such owner’s duly authorized agent. Any agent must have written authorization from the owner.

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

“Beekeeping” means the noncommercial occupation of owning and breeding bees for their honey.

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

“Best management practices” for water source regulations means a practice or combination of practices determined to be the most effective practicable means of conducting a land use activity to minimize the potential for becoming a water pollution source (including technological, economic, and institutional considerations).

“Big box retail” means a retail business(es) occupying a building with over 80,001 square feet for the first floor (the footprint).

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

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

“Bona fide division or partition of land for agricultural purposes” shall mean the division of a parcel of land into two or more lots, none of which is less than five acres in area, and where no dedication of any street is required to serve any such lots or parcels of land so created.

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

“Building, front line of” means the line of that face of the building or structure nearest the front line of the lot. This face includes sun parlors, bay windows, covered and/or uncovered porches whether enclosed or unenclosed, but does not include uncovered steps less than four feet above grade and eaves overhanging less than two feet.

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

“Building line” means a vertical surface intersecting the ground along a line at which the front of the building occupies the lot on which it is constructed.

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

“Cannabis cultivation facility” means a person that possesses cannabis; grows or intends to grow cannabis; and sells or intends to sell cannabis to a cannabis cultivation facility, a cannabis processing facility, or a medical cannabis research licensee.

“Cannabis pharmacy” means a business, licensed by the state of Utah, to distribute cannabis products by prescription for medical purposes.

“Cannabis processing facility” means a person that acquires or intends to acquire cannabis from a cannabis production establishment; possesses cannabis with the intent to manufacture a cannabis product; manufactures or intends to manufacture a cannabis product from unprocessed cannabis or a cannabis extract; and sells or intends to sell a cannabis product to a medical cannabis pharmacy or a medical cannabis research licensee.

“Cannabis production establishment” means a cannabis cultivation facility, a cannabis processing facility, or an independent cannabis testing laboratory.

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

“Car wash” means an establishment primarily engaged in cleaning or detailing motor vehicles, whether self-service, automatic, or by hand.

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

“Cemetery” means a place or grounds for burying human remains or containment of ashes.

“Charter school” means: (1) an operating charter school; (2) a charter school applicant that has its application approved by a charter school authorizer in accordance with UCA Title 53G, Chapter 5, Part 3, Charter School Authorization; or (3) an entity that is working on behalf of a charter school or approved charter applicant to develop or construct a charter school building. “Charter school” does not include a therapeutic school.

“Check cashing” means cashing a check for consideration or extending a deferred deposit loan and shall include any other similar types of businesses licensed by the state pursuant to the Check Cashing Registration Act including those with titles such as “payday loans.” No check cashing or deferred deposit loan business shall be located within 1,000 feet of any other check cashing business. Distance requirements defined in this definition shall be measured in a straight line, without regard to intervening structures or zones, from the entry door of each business. One check cashing or deferred deposit loan business shall be allowed for every 8,000 citizens living in West Point City.

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

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

“City” means a political subdivision of the state of Utah and is referred to herein as “West Point City” or “the city.”

“City council” means the city council of West Point City, Utah.

“City engineer” means the city engineer of West Point City, Utah, or a consulting engineering firm designated as the city engineer by the city council.

“City planner” means the professional planner of West Point City, Utah, or person designated as such by the West Point City council.

“City staff” means city manager, public works director, engineer, planner, attorney, and building official.

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

“Collection area” for water source protection means the area surrounding a ground water source which is underlain by collection pipes, tile, tunnels, infiltration boxes, or other ground water collection devices.

“Collocation,” for cellular communications shall mean the reasonable sharing of tower space by more than one user or provider of a wireless telecommunications service.

“Commercial complex” means two or more commercial uses on a single lot or adjacent lots which are dependent upon each other to meet minimum standards for parking, vehicular circulation, or landscaping or which are approved as elements in an overall site plan under a conditional use or subdivision application.

“Commercial provider” means a company or individual who provides equipment used primarily for transmission, reception, or transfer of voice or data through radio waves or wireless transmissions, who receives remuneration for such service.

“Common space subdivisions” are defined in this chapter as an individual housing unit or group of housing units where the property line consists only of the footprint of the dwelling. All property outside that buildable lot shall be owned in common by the entire development.

“Community development department” means that department of the city authorized by the city to oversee the planning administrator, the zoning administrator and the building inspector.

“Community development director” means the person appointed by the city to perform the duties and responsibilities of community development director, as defined by city ordinances and resolutions.

“Complete application” means when the applicant provides a land use application in a form that complies with the requirements of this title and applicable ordinances and pays all applicable fees.

“Concept plan” means a sketch or concept drawing prior to a zoning or general plan change request or the preliminary plat for subdivisions to enable the developer and/or subdivider to reach general agreement with the planning commission as to the form of the development or plat and the objectives of these regulations and to receive guidance as to the requirements for development within the city.

“Conditional use” means a permitted land use that, because of its unique characteristics or potential impact on the municipality, surrounding neighbors, or adjacent land uses, may be compatible only if certain conditions are required that substantially mitigate the reasonably anticipated detrimental effects.

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

“Contractor storage yard” means a site used for the storage of tools, equipment, materials, vehicles, sand, rock, gravel, vegetation, debris and other materials ancillary to work being performed off site, for another, by a contractor engaged in such work.

“Convenience store” means an establishment, not exceeding 5,000 square feet of gross floor area, serving a limited market area and engaged in retail sales, from the premises, of gasoline, food, beverages, and frequently or recurrently needed items for household use; may also include a car wash as an accessory use.

“County” means Davis County, Utah.

“Court” means an open, unoccupied space, other than a yard, on the same lot with a building or group of buildings, and which is bounded on two or more sides by such building or buildings.

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

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

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

“Culinary water authority” means the department, agency, or public entity with responsibility to review and approve the feasibility of the culinary water system and sources for the subject property.

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

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

“Developer” means any person who undertakes to develop land, including subdividers.

“Development” means the improvement of any tract, lot, or parcel of land by construction thereon.

“Development activity” means any construction or expansion of building, structure or use, any change in use of building or structure, or any change in the use of land that creates additional demand and need for public facilities. Development activity will include residential and commercial users who are not currently connected to any of the city’s public facilities systems but will be located within the city service area.

“Development approval” means any written authorization from the city that authorizes the commencement of development activity.

“Disability” means a physical or mental impairment that substantially limits one or more of a person’s major life activities, including a person having a record of such an impairment or being regarded as having such an impairment. “Disability” does not include current illegal use of, or addiction to, any federally controlled substance, as defined in Section 102 of the Controlled Substances Act, 21 USC 802.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

“Farm animals” means the general list of animals raised for food or recreational purposes such as cows, horses, pigs, chickens, goats, sheep, etc.

“Final plat” means the final drawing of the subdivision and dedication prepared for filing for record with the county recorder and in compliance with all the requirements set forth in this title and adopted pursuant thereto.

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

“Fire authority” means the department, agency, or public entity with responsibility to review and approve the feasibility of fire protection and suppression services for the subject property.

“Flag lot” means a lot that has been approved by the city with access provided to the bulk of the lot by means of a narrow corridor.

“Floor area,” in the case of offices, merchandising or service types of uses, shall mean the gross floor area.

“Front footage of building occupancy” means a single lineal dimension measured horizontally along the front major entrance of a building which defines the limit of a particular occupancy at that location.

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

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

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

“Gasoline service station” means an establishment engaged in the retail sale of gasoline and petroleum products; may also include electric vehicle charging.

“General plan” means a plan, labeled “General Plan of West Point City,” including maps or reports or both, which has been approved by the city council as required by law, or such plan as it may be amended from time to time and so certified to the city council.

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

“Group home” means a home where a small number of unrelated people in need of care, support, or supervision can live together and is licensed by the state of Utah as such.

“Hazardous waste” means a waste with properties that make it dangerous or potentially harmful to human health or the environment.

“Home occupation, major” means a home occupation which meets the standards for minor home occupation administrative conditional uses as used in this title except that increases in intensity of use of the home occupation. The following uses are typical major home occupations: contractors, carpenters, plumbers, electricians, daycare/preschool, landscape installers, small engine repair.

“Home occupation, minor” means a commercial use conducted on a dwelling site and incidental and secondary to the dwelling use.

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

“Identical plans” means building plans submitted to a municipality that: (1) are clearly marked as “identical plans”; (2) are substantially identical to building plans that were previously submitted to and reviewed and approved by the municipality; and (3) describe a building that: (a) is located on land zoned the same as the land on which the building described in the previously approved plans is located; (b) is subject to the same geological and meteorological conditions and the same law as the building described in the previously approved plans; (c) has a floor plan identical to the building plan previously submitted to and reviewed and approved by the municipality; and (d) does not require any additional engineering or analysis.

“Impact fee” means a payment of money imposed upon development activity as a condition of development approval. “Impact fee” includes development impact fees, but does not include a tax, special assessment, hookup fee, building permit fee, fee for project improvements, or other reasonable permit or application fees. Title 11, Chapter 36a, Impact Fees Act.

“Impact fee analysis” or “IFA” means the written analysis required by Title 11, Chapter 36a, Impact Fees Act.

“Impact fee facilities plan” means the plan required by Section 11-36a-301 of the Act.

“Improvement completion assurance” means a surety bond, letter of credit, financial institution bond, cash, assignment of rights, lien, or other equivalent security required by a municipality to guaranty the proper completion of landscaping or an infrastructure improvement required as a condition precedent to: (1) recording a subdivision plat; or (2) development of a commercial, industrial, mixed use, or multifamily project.

“Improvement warranty” means an applicant’s unconditional warranty that the applicant’s installed and accepted landscaping or infrastructure improvement: (1) complies with the municipality’s written standards for design, materials, and workmanship; and (2) will not fail in any material respect, as a result of poor workmanship or materials, within the improvement warranty period.

“Improvement warranty period” means a period: (1) no later than one year after a municipality’s acceptance of required landscaping; or (2) no later than one year after a municipality’s acceptance of required infrastructure, unless the municipality: (a) determines for good cause that a one-year period would be inadequate to protect the public health, safety, and welfare; and (b) has substantial evidence, on record: (i) of prior poor performance by the applicant; or (ii) 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.

“Infrastructure improvement” means permanent infrastructure that is essential for the public health and safety or that: (1) is required for human occupation; and (2) an applicant must install: (a) in accordance with published installation and inspection specifications for public improvements; and (b) whether the improvement is public or private, as a condition of: (i) recording a subdivision plat; (ii) obtaining a building permit; or (iii) development of a commercial, industrial, mixed use, condominium, or multifamily project.

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

“Land use and development code” means the zoning code of West Point City.

“Land use applicant” means a property owner, or the property owner’s designee, who submits a land use application regarding the property owner’s land.

“Land use application” means: (1) an application that is (a) required by a municipality; and (b) submitted by a land use applicant to obtain a land use decision; and (2) does not mean an application to enact, amend, or repeal a land use regulation.

“Land use authority” means: (1) a person, board, commission, agency, or body, including the local legislative body, designated by the local legislative body to act upon a land use application; or (2) if the local legislative body has not designated a person, board, commission, agency, or body, the local legislative body.

“Land use decision” means an administrative decision of a land use authority or appeal authority regarding: (1) a land use permit; (2) a land use application; or (3) the enforcement of a land use regulation, land use permit, or development agreement.

“Land use permit” means a permit issued by a land use authority.

“Land use regulation” means a legislative decision enacted by ordinance, law, code, map, resolution, specification, fee, or rule that governs the use or development of land; (1) includes the adoption or amendment of a zoning map or the text of the zoning code; and (2) does not include: (a) a land use decision of the legislative body acting as the land use authority, even if the decision is expressed in a resolution or ordinance; or (b) a temporary revision to an engineering specification that does not materially: (i) increase a land use applicant’s cost of development compared to the existing specification; or (ii) impact a land use applicant’s use of land.

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

“Lattice tower” means a self-supporting multiple-sided, open steel-framed structure used to support telecommunications equipment.

“Legislative body” means the West Point city council.

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

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

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

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

“Lot line adjustment” means a relocation of a lot line boundary between adjoining lots or parcels, whether or not the lots are located in the same subdivision, in accordance with Section 10-9a-608, with the consent of the owners of record.

“Low power radio service facility” means an unmanned structure that consists of equipment used primarily for the transmission, reception, or transfer of voice or data through radio wave or wireless transmissions. Such facilities typically require the construction of transmission support structures to which antenna equipment attaches.

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

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

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

“Master street plan” means that portion of the general plan which defines the future alignments of streets and their rights-of-way, including maps or reports or both.

“Mid-box retail” means a retail business(es) occupying a building with between 10,001 square feet to 80,000 square feet for the first floor (the footprint).

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

“Moderate income housing” means housing occupied or reserved for occupancy by households with a gross household income equal to or less than 80 percent of the median gross income for households of the same size in the county in which the city is located.

“Monopole” means a single cylindrical steel or wood pole that acts as the support structure for antennas.

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

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

“Noncommercial user” means a company or individual who legally uses wireless telecommunications for services or communication purposes that receives no remuneration for such services.

“Noncomplying structure” means a structure that legally existed before its current land use designation; and because of one 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 sign or sign structure” means a sign or sign structure or portion thereof lawfully existing at the time the ordinance codified in this chapter became effective, which does not conform to all height, area, and yard regulations prescribed in the zone in which it is located.

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

“Nonmaintained,” for telecommunications, shall mean the physical, technical, aesthetic, or structural deterioration of the facility, to include any tower, antenna, apparatus, building, grounds, or equipment that is in disrepair or in need of maintenance.

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

“Off site” means outside the boundaries of a specific parcel of land being developed or considered for development.

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

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

“Official map” means a map drawn by municipal authorities and recorded in a county recorder’s office that shows actual and proposed rights-of-way, centerline alignments, and setbacks for highways and other transportation facilities; provides a basis for restricting development in designated rights-of-way or between designated setbacks to allow the government authorities time to purchase or otherwise reserve the land; and has been adopted as an element of the municipality’s general plan.

“On site” means within a parcel of land owned by a private citizen or by a private legal entity.

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

“Owner” means the owner if fee simple of real property as shown in the records of the Davis County recorder’s office and includes the plural as well as the singular, and may mean either a natural person, firm, association, partnership, trust, private corporation, limited liability company, public or quasi-public corporation, other entities authorized by the state of Utah, or any combination of any of the foregoing.

“Parcel” means any real property that is not a lot created by and shown on a subdivision plat recorded in the office of the county recorder.

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

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

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

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

“Plan for moderate income housing” means a written document adopted by the legislative body that includes: (1) an estimate of the existing supply of moderate income housing located within the city; (2) an estimate of the need for moderate income housing in the city for the next five years; (3) a survey of total residential land use; (4) an evaluation of how existing land uses and zones affect opportunities for moderate income housing; and (5) a description of the city’s program to encourage an adequate supply of moderate income housing.

Planned Residential Unit Development. The “PRUD overlay zone” shall be defined as traditional lot-style housing developments or common space housing developments that offer development flexibility and increased density while providing improved quality of the development for the surrounding community.

“Planning commission” means the West Point City planning commission.

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

“Pollution source” means point source discharge of contaminants to ground water or potential discharges of the liquid forms of extremely hazardous substances which are stored in containers in excess of applicable threshold planning quantities as specified in SARA Title III. Examples of possible pollution sources include, but are not limited to, the following: storage facilities that store the liquid forms of extremely hazardous substances, septic tanks, drain fields, Class V underground injection wells, landfills, open dumps, land filling of sludge and septage, manure piles, salt piles, pit privies, and animal feeding operations with more than 10 animal units.

“Potential contamination source” means any facility or site which employs an activity or procedure which may potentially contaminate ground water. A pollution source is also a potential contamination source.

“Preliminary plat” means the initial formal plat of a proposed land division or subdivision showing information and features required by the provisions of this title.

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

“Private lane” means a private street with curb and gutter on both sides that provides access to the front of residential or commercial buildings with a minimum width of 25 feet measured from the back of curb to back of curb. Private lanes do not provide access to more than 15 units or lots.

“Private road” means a private street with a minimum of 50-foot right-of-way that includes curb, gutter, and sidewalk on both sides and meets the requirements found in the public works standard drawings. Private roads may terminate at a dead end but will be provided with a dedicated turnaround and will be no longer than 600 feet in length. Private roads do not provide access to more than 30 units or lots.

“Project improvements” means site improvements and facilities that are planned and designed to provide service for development resulting from a development activity and are necessary for the use and convenience of the occupants or users of development resulting from a development activity. “Project improvements” do not include “system improvements” as defined below.

“Proportionate share” means an amount that is roughly proportionate and reasonably related to the service demands and needs of a development activity.

“Protection strip” means a strip of land bordering both the boundary of a subdivision and a street within the subdivision for the purpose of controlling the access of property owners abutting the subdivision to the street.

“Public facilities” means only the following capital facilities that have a life expectancy of 10 or more years and are owned or operated by or on behalf of the city:

“Public hearing” means a hearing at which members of the public are provided a reasonable opportunity to comment on the subject of the hearing.

“Public improvements” means streets, curbs, gutters, sidewalks, water and sewer lines, storm sewers, and other similar facilities which are required to be dedicated to the city in connection with subdivision, conditional use, or site plan approval.

“Public meeting” means a meeting that is required to be open to the public under Title 52, Chapter 4, Open Public Meetings Act.

“Public street” means a public right-of-way, including a public highway, public avenue, public boulevard, public parkway, public road, public lane, public alley, public viaduct, public subway, public tunnel, public bridge, public byway, other public transportation easement, or other public way.

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

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

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

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

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

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

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

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

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

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

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

“Restricted” (R) for water source protection means that the nature of the use, or some element of the use, represents a potential contamination source. The use may be permitted only after review and approval by the land use authority. As part of this review, recommendations from the Davis County health department and other applicable regulatory agencies shall be considered. Restricted use is subject to best management practices and compliance with other reasonable conditions as may be established by these agencies.

“Retail services” means the use of a building or part of a building by persons who are engaged in the sale of goods to customers, and includes uses such as hardware, mail order, clothing, appliances, electronics, books, gifts and secondhand goods, and may include incidental repairs.

“Retail shop” means a place of business usually owned and operated by a retailer but sometimes owned and operated by a manufacturer or by someone other than a retailer in which merchandise is sold primarily to ultimate consumers.

“Roof-mounted antenna” means an antenna or series of individual antennas mounted on a roof, mechanical room, or penthouse of a building.

“Rules of order and procedure” means a set of rules that govern and prescribe in a public meeting: parliamentary order and procedure; ethical behavior; and civil discourse.

“Sanitary landfill” means a disposal site where solid wastes, including putrescible wastes, or hazardous wastes, are disposed of on land by placing earth cover thereon.

“Sanitary sewer authority” means the department, agency, or public entity with responsibility to review and approve the feasibility of sanitary sewer services or on-site wastewater systems.

“SARA Title III” means the Superfund Amendment and Reauthorization Act section found in 40 CFR 300 through 302, pertaining to emergency response and right to know.

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

“Second access” means a public street or private road that connects to and provides access to an existing public street. A second access shall not be gated.

“Secondary containment” means a type of system that is used to provide release detection prevention, such as trays under containers, floor curbing or other systems designed to hold materials or liquids that may discharge from containers holding regulated substances. Examples include a double-walled tank, a double-walled integral piping system, or a single-walled tank or integral piping system that is protected by an enclosed concrete vault, liner, or an impervious containment area.

“Secondary water system” means any system which is designed and intended to provide, transport and store water used for watering of crops, lawns, shrubberies, flowers, and other nonculinary uses.

“Security” means an escrow agreement, irrevocable letter of credit, or other security instrument given by the developer to ensure the proper installation of public improvements.

“Self-storage facility” means a building or group of buildings containing separate, individual, and private storage spaces of varying sizes available for lease or rent.

“Senior care facilities/nursing home” means commercial facilities for the care of persons over 55 years of age.

“Sensitive land” shall mean land which is generally unbuildable, and which contains constrained and sensitive features including, but not limited to, wetlands, floodplains, faults, and other geological or environmentally sensitive features and lands below the high-water mark of the Great Salt Lake which is at elevation 4,217 feet above sea level.

“Septic tank/drain-field system” means a system, which is comprised of a septic tank and a drain-field, which accepts wastewater from buildings or facilities for surface or subsurface treatment and disposal.

“Service area” means a geographic area designated by the city based on sound planning and engineering principles in which a defined set of the city’s public facilities provides service.

“Setback” means the minimum distance that any portion of a building, accessory building, sign or sign structure shall be from any street right-of-way line and yard line coterminous with a street.

“Sexually oriented business” means any business for which a sexually oriented business license is required as an adult business, nude entertainment business, or as a seminude dancing bar, pursuant to the sexually oriented business licensing requirements in Chapter 5.50 WPCC.

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

“Sign” means every advertising message, announcement, declaration, demonstration, display, illustration, insignia surface, or space placed, erected or maintained in view of the observer thereof for identification, advertisement, or promotion of the interests of any person, entity, product, or service. The definition of “sign” shall also include the sign structure, supports, lighting system, and any attachments, ornaments or other features used to draw the attention of observers. This definition does not include any flag, badge, or ensign of any government or governmental agency erected for and used to identify said government or governmental agency.

“Sign, “A” frame” means a temporary sign constructed with two sides attached at the top so as to allow the sign to stand in an upright position.

“Sign, advertising” means an off-premises sign.

“Sign area” means the areas of a sign that are used for display purposes, excluding the minimum frame and supports. In computing sign area, only one side of a back-to-back or double-face sign covering the same subject shall be computed when the signs are parallel or diverge from a common edge by an angle of not more than 45 degrees. In relation to signs that do not have a frame or a separate background, sign area shall be computed on the basis of the least rectangle, triangle or circle large enough to frame the display.

“Sign, attached” means a sign which is fastened, attached, painted, connected or supported in whole or in part by a building or structure.

“Sign, awning” means a roofed structure constructed of fabric or metal placed so as to extend outward from the building providing a protective shield for doors, windows, and other openings with supports extending back to the building, supported entirely by the building.

“Sign, balloon” means an advertisement supported by a balloon anchored to the premises where the advertised use is conducted, commodity sold or service performed.

“Sign, banner” means a sign constructed of cloth, canvas, fabric, or other light material and designed to be displayed across or over a public right-of-way for a short period of time.

“Sign, billboard” means a freestanding, off-premises sign, larger than 200 square feet, designed or intended to direct attention to a business, product, or service.

“Sign, canopy” means a roofed structure constructed of fabric or other material placed as to extend outward from the building providing a protective shield for doors, windows, and other openings supported by the building and supports extending to the ground directly under the canopy.

“Sign, changeable copy (manual)” means a sign on which copy is changed manually in the field, e.g., reader boards with changeable letters.

“Sign, civic, institutional, or philanthropic” means a sign erected by a public or nonprofit agency, service club, etc., for civic or public information.

“Sign, construction” means a sign identifying an existing or proposed development project which may contain the name of the project, and name and address of construction firms, architects, engineers, developers, etc.

“Sign, detached” means a sign not supported in whole or in part by a building or structure other than by a sign structure which is supported wholly by the ground.

“Sign, electronic message” means a sign that has an electronic message display.

“Sign, floodlighted” means a sign made legible in the absence of daylight by devices which reflect or project light upon it.

“Sign, forced air” means any sign or device that uses a blower to force air through fabric to draw attention from observers.

“Sign, frame” means a movable sign mounted on a frame.

“Sign, home occupation” means a sign associated with a legally approved home business.

“Sign, identification” means a sign displayed to indicate the name or nature of buildings or uses other than commercial or industrial uses located upon the premises, i.e., schools, churches, hospitals, etc.

“Sign, illuminated” means a sign which has characters, letters, figures, designs or outlines illuminated by electric lights or luminous tubes as a part of the sign proper.

“Sign, interior” means a sign located within a building so as to be visible only from within the building in which the sign is located.

“Sign, low profile” means on-premises or identification signs having a maximum height of four feet, incorporated into some form of landscape design scheme or planter box.

“Sign, marquee” means a permanent roofed structure designed to meet all provisions of the current International Building Code and other specifications as outlined in this title. Where specifications as outlined in this title are different from the provisions of the International Building Code, the more restrictive shall apply.

“Sign, memorial” means a sign or tablet that states the name of a building or the date of the building’s erection and cut into the surface or facade of a building.

“Sign, mobile” means any sign mounted so that it is capable of being moved or of moving, including, but not limited to, frame, pedestal, trailer, and vehicle signs.

“Sign, moving” means any sign or device which has any visible moving part, visible revolving part, or visible mechanical movement of any description, or other apparent visible movement achieved by electrical, electronic, or kinetic means, including intermittent electrical pulsations.

“Sign, name plate” means a sign indicating the name and/or occupation of a person or persons residing on the premises or legally occupying the premises.

“Sign, neighborhood identification” means a permanent sign that only designates the neighborhood or tract name.

“Sign, off-premises” means an advertising sign which directs attention to a use, product, commodity, or service not on the premises.

“Sign, on-premises” means a sign which directs attention to a use conducted, product or commodity sold, or service performed upon the premises on which it is located.

“Sign, open house” means a temporary off-premises sign advertising real estate open for inspection. This sign shall not exceed three feet in height and shall not exceed eight square feet in size.

“Sign, pedestal” means a movable sign supported by a column(s) so as to allow the sign to stand in an upright position.

“Sign, projecting” means a sign attached to a building or other structure and extending in whole or in part more than 24 inches beyond any wall of the building or structure.

“Sign, property (real estate)” means a sign related to the property upon which it is located and offering such property for sale or lease.

“Sign, public necessity” means a sign informing the public of any danger or hazard existing on or adjacent to the premises.

“Sign, roof” means a sign erected partly or wholly on or over the roof of a building, including ground signs that rest on or overlap a roof 12 inches or more.

“Sign, service” means a sign which is incidental to a use lawfully occupying the property upon which the sign is located and which sign is necessary to provide information to the public, such as direction to parking lots, location of rest rooms, and sale of agricultural products produced upon the premises, and which bear, as an incidental part of the sign, the name, address or trademark of persons furnishing such sign to the owner of the premises.

“Sign, temporary” means any sign, banner, pennant, valance, balloon, or advertising display constructed of cloth, canvas, fabric, cardboard, wall board, plastic, or other light materials with or without frame where the sign is not permanently affixed to the ground or structure. Spotlights shall also be considered a temporary sign.

“Sign, time and temperature device” means any mechanism that displays the time and/or temperature, but does not display any commercial advertising or identification.

“Sign, trailer” means a sign mounted on a trailer or having wheels.

“Sign, vehicle” means a sign on a vehicle, whether the vehicle is operable or not.

“Sign, window” means a sign either attached to a window or door or located within a building so as to be visible through a window or door by people outside of the building.

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

“Source protection zone” means the specified surface and subsurface area surrounding a ground water source of drinking water supplying a public water supply, through which contaminants are reasonably likely to move toward and reach such ground water source. These zones shall have the approval of the state of Utah Division of Drinking Water as described in R309-600, Source Protection: Drinking Water Source Protection for Ground Water Sources.

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

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

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

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

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

“Street, arterial” means a street, existing or proposed, which serves or is intended to serve as a major traffic way and is designated on the general plan as a controlled-access highway, major street, parkway or other equivalent term to identify those streets comprising the basic structure of the street plan.

“Street, collector” means a street, existing or proposed, which is the main means of access to an arterial street system.

“Street, cul-de-sac” means a minor terminal street provided with a turnaround.

“Street, private” means a right-of-way or easement in private ownership, not dedicated or maintained as a public street.

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

“Structure” means anything constructed, the use of which requires fixed location on the ground, or which is attached to something having a fixed location upon the ground, and which imposes an impervious material upon or above the ground.

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

“Subdivision” means any land that is divided, re-subdivided or proposed to be subdivided into two or more lots, parcels, sites, units, plots, or other division of land for the immediate or future offer of sale, sale, lease, or development either on the installment plan or upon any and all other plans, terms and conditions. “Subdivision” includes the division or development of land whether by deed, metes and bounds description, devise and testacy, lease, map, plat, or other recorded instrument; and divisions of land for all residential and nonresidential uses, including land used or to be used for commercial, agricultural, and industrial purposes. “Subdivision” does not include:

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

“System improvements” means both existing public facilities designed to provide services within the service area and future public facilities identified in a reasonable plan for capital improvements adopted by the city that are intended to provide service to the service area. “System improvements” does not include “project improvements” as defined in this section.

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

“Telecommunications lot or site” is that area set aside for construction and placement of telecommunications equipment, including any building towers, antennas, or other apparatus not housed in a residential or business building. A lot set aside for telecommunications equipment and tower may differ from the official recorded piece of property and will include any required equipment, accessories, or fenced area.

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

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

“Traditional lot-style subdivisions” are defined in this chapter as developments that have building lots that adhere to minimum lot standards including, but not limited to, frontage widths, lot depth and lot size.

“Underground storage tank” means a tank or combination of tanks and underground pipes and impact valves connected to tanks being used or having been used to contain regulated substances and which has at least 10 percent of the total volume of the tank and underground portions of pipes connected to the tank underground.

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

“Vehicle repair, limited” means an establishment providing motor vehicle repair or maintenance services within a completely enclosed building. Limited vehicle repair excludes paint and body shops, general vehicle equipment and repair services, and storage of vehicles for more than 90 days. Typical uses include businesses engaged in repair and/or replacement of brakes, air conditioning, generators, starters, and tires; motor tune-ups; front-end alignments; battery recharging; lubrication; and sales, repair, and installation of associated parts and accessories such as tires, batteries, windshield wipers, and hoses.

“Wall-mounted antenna” means an antenna or series of individual antennas mounted against the vertical wall of a building.

“Warehouse” means a large building where raw materials or manufactured goods may be stored before their export or distribution for sale.

“Wellhead” means the upper terminal of a well, including adapters, ports, seals, valves and other attachments.

“Whip antenna, flexible” means an antenna that is cylindrical in shape and flexible in construction.

“Whip antenna, vertical” means an antenna that is cylindrical in shape and rigid in vertical construction.

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

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

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

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

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

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

“Zoning map” means the zoning map or maps of West Point City, Utah, adopted as part of a land use ordinance, that depicts land use zones, or overlays.

“Zoning ordinance” means the land use and development ordinance of West Point City. [Ord. 01-17-2023D § 1; Ord. 12-20-2022C § 1; Ord. 06-21-2022A § 1; Ord. 08-17-2021B § 2 (Exh. A)].