TITLE 0 DEFINITIONS

For the purpose of this Ordinance, certain words and terms are defined as follows: words used in the present tense include the future; words in the singular number include the plural and the plural for singular.

Abandonment: To cease or discontinue a use or activity without intent to resume, but excluding temporary or short-term interruptions to a use or activity during periods of remodeling, maintaining or otherwise improving or rearranging a facility or during normal periods of vacation or seasonal closure.

Abutting: Having a common border with, or being separated from such a common border by a right-of-way.

Accessory Structure or Building: A subordinate structure detached from but located on the same lot as the main structure, the use of which is incidental and accessory to that of the main structure. A detached subordinate building and/or structure clearly incidental to and located upon the same lot occupied by the main building and/or structure.

Accessory Use: (See Use, Accessory)

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

Agricultural Parcel: A parcel of land, at least 3.0 acres in area whether vacant or with a residential dwelling unit.

Alley: A public thoroughfare located between streets and having a minimum width of thirty-three (33) feet.

Antenna: Any system of wires, poles, rods, reflecting discs, or similar devices used for the transmission or reception of electromagnetic waves external to or attached to the exterior of any building and including the supporting structure; includes, but is not limited to amateur radio antennas, television antennas, and satellite receiving dishes.

Apartment Hotel: Any building which contains dwelling units and satisfies the definition of a hotel as defined in this Ordinance.

Apartment House: A multiple dwelling; see Dwelling, Multiple-family.

Apartment Court: Any building or group of buildings which contains dwelling units, and also satisfies the definition of a tourist court, as defined in this Ordinance.

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.

Architectural Elevations: Front, side and rear view drawings of a building or structure, prepared to scale, including all dimensions, architectural details, colors and materials.

Architectural Design Standards: Standards for the aesthetic appearance of a building, structure, or sign, including design, exterior detail, color and materials.

As-Built Plans: Improvement Plans for which all construction or installation has been completed and any deviations in the initially approved Improvement Plans are shown in a contrasting pattern or pen weight and called out on the plan. A Utah Registered Civil Engineer, upon completion of said Improvements, certifies on the drawings, that the contained As-Built Plans are as the construction and/or installations have been completed.

Athletic Field Scoreboard Sign: A sign which is erected at a public or private park or public or private school for the purpose of providing game scores or other information about the game in progress. Advertising by the sign donor shall be limited to 50% of the total sign area.

Automobile Recycling (Parts Dismantling): A process carried out within a completely enclosed building, of systematically disassembling or dismantling automobile vehicles for their component parts which are cleaned, refurbished, catalogued, and shelf-stored as inventory for the purpose of resale. It includes the storage, both inside and outside the building, of not more than forty disused or damaged vehicles awaiting movement to within the building for disassembly. The process also includes the immediate removal from the site of the vehicle body hulk and other waste material.

Automobile Service Station: Any building or premises used primarily for the retail sale of gasoline and lubricants, but which may also provide for the incidental servicing, of motor vehicles including grease racks, tire repairs, battery charging, hand washing of automobiles, sale of merchandise and supplies related to the servicing of motor vehicles and minor replacements, for which all work takes place within an enclosed building or structure, but excluding body and fender work, engine overhauling, painting, welding, storage of autos not in operating condition, or other work involving the creation of a nuisance to adjacent property.

Automobile Repair/Auto Body Shop (Non-Mechanical): Any building, structure or premises used for the external/non-mechanical repair of automotive vehicles, including the facilities for the incidental storage of damaged vehicles in connection with the operation of external body repairs and/or painting of automotive vehicles within an enclosed structure.

Automobile Repair Shop (Mechanical): Any building, structure or premises used for the mechanical repair of automotive vehicles, including the facilities for the incidental storage of damaged vehicles in connection with the operation of mechanical repairs of automotive vehicles within an enclosed structure.

Automobile Wrecking: See Junk Yard.

Average Percent of Slope: An expression of rise or fall in elevation along a line perpendicular to the contours of the land connecting the highest point of a slope to the lowest point of that slope within a parcel or lot. A vertical rise of one hundred (100) feet between two points one hundred (100) feet apart measured on a horizontal plane is a one hundred (100) percent grade. Percentage of slope shall be determined, and shown on the Grading Plan prior to any grading, cut or fills being accomplished.

Banner Sign: Any sign intended to be hung either with or without frames, possessing characters, letters, illustrations or ornamentations applied to paper, plastic or fabric of any kind. National flags, flags of political subdivisions and symbolic flags of any institution or business shall not be considered banners for the purpose of this Ordinance.

Barn: A farm structure used for the storage of produce, animals and/or farm vehicles and equipment.

Basement: A story partly underground and having at least one-half (½) its height above grade. A basement shall be counted as a story, for purposes of height measurements.

Bed and Breakfast, Residential Zone: An owner-occupied dwelling in which not more than three (3) rooms are rented out by the day, offering overnight, but not to exceed seven (7) consecutive nights, lodging to travelers, and where one or more meals are provided by the host family, the price of which may be included in the room rate.

Bed and Breakfast Dwelling: An owner-occupied dwelling in which not more than two (2) rooms are rented out by the day, offering overnight lodgings to travelers, and where one or more meals are provided by the host family, the price of which may be included in the room rate.

Bed and Breakfast Inn: An owner or host family occupied dwelling in which not more than seven (7) sleeping rooms are rented out by the day, offering overnight lodging to travelers with one or more meals provided by the host family, the price of which is included in the room rate.

Bed and Breakfast Hotel: An owner or host occupied building in which at least 6 but not more than 20 guest rooms are rented out by the day offering overnight lodging accommodations and service to travelers with one or more meals provided, the price of which is included in the daily room rate.

Billboard: A sign that identifies or communicates a commercial or non-commercial message related to an activity conducted, a service rendered, or a commodity sold at a location other than where the sign is located.

Boarding House: (See also Lodging House) A building with not more than five (5) guest rooms, where for compensation, lodging and meals are provided for more than fifteen (15) persons.

Board of Adjustment: The official body designated and appointed by the Town Council to hear and decide appeals for variance and special exceptions from the terms of the land use planning ordinance or other purposes as defined by this ordinance. The Board of Adjustment is now officially known as the APPEAL AUTHORITY.

Buffer Area: A landscaped area intended to separate and partially obstruct the view of two adjacent land uses or properties from one another.

Building: Any structure having a roof supported by columns or walls, for the housing or enclosure of persons, animals or property.

Building, Height of: The vertical distance from the average of the highest grade and the lowest grade to the highest point of the coping of a flat roof, or to the deck line of a mansard roof, or to the highest point of the ridge of a pitch or hip roof.

Building, Main: The main/principal building and/or structure or one of the main/principal buildings and/or structures housing the main/principal use upon the lot.

Building, Public: A building owned and operated, or owned and intended to be operated by a public agency of the United States of America, of the State of Utah, or any of its subdivisions.

Building Area (Building Envelope): A portion of a lot, parcel or tract of land which is to be utilized as the building site having an area of at least one hundred (100) feet by seventy-five (75) feet with an average slope of less than twenty-five (25) percent, excluding building setbacks. Such building area is designated as the only area in which building may take place and outlined on the subdivision plat in which the lot is located.

Cabaret: Any room, place, building or structure, open to public patronage where food and drink is prepared, served or offered for sale or sold for human consumption on or off the premises, and whose patrons may be entertained by performers who sing or dance or perform theatrical acts, and where the patrons may or may not dance. The term "cabaret" is inclusive of night clubs.

Campground: A private, public or semi-public open area with sanitary facilities for overnight or camping and may include the overnight parking of camping trailers, tent trailers or other vehicle types intended for camping purposes.

Carport: A private garage not completely enclosed by walls or doors: For the purposes of this Ordinance, a car port shall be subject to all of the regulations prescribed for a private garage.

Cattery: The land or building used in the keeping of nine (9) or more cats, four (4) months or older.

Cellar: A story having more than one-half (½) of its height below grade: A cellar shall not be counted as a story for the purpose of height measurement.

Cemetery: Land used or intended to be used for the burial of the dead and dedicated for such purposes, including columbariums, crematoriums, mausoleums, and mortuaries when operated in conjunction with and within the boundaries of such premises.

Changeable Copy Sign: A non-electric sign that is designed so that characters, letters or illustrations can be changed or rearranged without altering the face or the surface of the sign.

Church: A permanently located building or structure, together with its accessory buildings commonly used for religious worship. A church is not a “public building.”

Clinic, Medical/Dental: A building wherein a staff of one (1) or more doctors and/or medical staff conducts the examination and treatment of out-patients, excluding the performance of surgical procedures which require overnight stays.

Club or Fraternal Lodge/Organization, Private: A non-profit association of persons who are bona fide members which owns or leases a building or property or a portion thereof, the use of such premises being restricted to members and their guests.

Cluster Development: A development design technique that concentrates buildings in specific areas on a site to allow the remaining land to be used for recreation, or other approved purposes, for common open space and/or preservation of environmentally sensitive areas.

Cluster Subdivision: A subdivision of land in which the residential lots have areas less than the minimum lot area of the zone in which the subdivision is located but which meets the requirements of the Cluster Subdivision chapter of this ordinance.

Commercial Plaza: A single structure or a cluster of architecturally compatible structures, arranged around a central walking plaza. Minimum lot size as allowable in the allowed zone. A minimum of 3 main uses and a maximum individual building footprint of 3,000 square feet per acre and may have a second story not to exceed 50% of the footprint of the building. Maximum individual footprint of 9,000 square feet and total building area of 13,500 square feet.

Commercial Use: An occupation, employment or enterprise that is carried on for profit by the owner, lessee or licensee.

Common Open Space: (See Open Space, Common).

Community Center: A place, structure, area, or other facility used for and providing religious, fraternal, social, and/or recreational programs generally open to the public and designed to accommodate and serve significant segments of the community.

Compatible: Capable of orderly efficient integration and operation with adjacent developments. A development is compatible with an existing on or off-site development or property if its architectural features, building height and materials, approved uses, intensity of such use and other features are complementary and do not have a significant adverse economic and aesthetic impact on the existing development or property.

Conditional Use: A use, because of characteristics peculiar to it, or because of size, technological processes, or type of equipment, or because of the exact location with reference to surroundings, streets and existing improvements or demands upon public facilities, requires a special degree of control to make such uses consistent and compatible with other existing or permissible uses in the same districts, and to assure that such uses shall not be adverse to the public interest.

Condominium: An estate in real property consisting of an undivided interest in common with other purchasers in a portion of a parcel of real property, together with a separate interest in space in a residential building, such as an apartment. A condominium may include, in addition, a separate interest in other portions of such real property.

Condominium Dwelling Unit: An individual living/dwelling unit located within a residential condominium project .

Condominium Rental Apartment (Condo-Tel): A condominium residential project in which the units, when not occupied by the owner, may be placed in a management rental pool for rent as transient living quarters similar to a motel operation. Because of the transient rental characteristics, a condominium rental apartment is classified as a use category separate and distinct from a condominium dwelling unit.

Conference/Education Center: A facility which has been planned, developed and constructed for the purpose of conducting personal, business and professional development of a company’s, corporation’s, or governmental agency’s employees, for example, by scheduling uses such as training workshops, seminars, retreats and similar type meetings. Such facility may be used for day use only or may be planned with overnight accommodation.

Conservation Easement: An easement granting a right or interest in real property that is appropriate to retaining land or water areas predominately in their natural, scenic, open or wooded condition; retaining such areas as suitable habitat for fish, plants or wildlife; or maintaining existing land uses.

Convalescent Home: (See also Nursing Home) A facility for the care of children, the aged, infirm, or convalescent of any age.

Convenience Store: Any retail establishment offering for sale prepackaged food products, household items, and other goods which are commonly associated, may be in conjunction with gasoline sales, and having a gross floor area of less than 5,000 square feet.

Corral: A space, other than a building, less than one (1) acre in area, or less than one hundred (100) feet in width, used for the confinement of animals.

Court: An unoccupied space on a lot, other than a yard, designed to be partially surrounded by group dwellings.

Crest of Hill: The highest point on a hill or slope as measured continuously throughout the property. Any given property may have more than one crest of hill.

Cul-de-Sac: A minor street provided with a turn-around of at least 100-foot diameter.

Dairy: A commercial establishment for the manufacture or processing of dairy products.

Day Care (Adult) Facility: Any building or structure used for the purpose of furnishing care, supervision and guidance for three or more elderly, developmentally and/or emotionally disabled adults for periods of less than eight (8) hours per day.

Day Care: The supervision of children, unaccompanied by parent or guardian, or adults in need of supervision by other than legal guardian, for periods of less than 24 hours. The term “day care” is inclusive of kindergartens, preschools, day care (child), nursery schools and all other similar facilities specializing in the education and/or care of children prior to their entrance into the first grade, other than facilities owned and/or operated by the Public School System.

Day Care (Child) Center: A building or structure, other than an occupied residence, where care, protection and supervision are provided.

Day Care (Child) Home: An occupied residence where care, protection, and supervision are provided to no more than eight (8) children at one time, including the care giver’s children under six (6) years of age.

Density: The number of dwelling units permitted per net acre of land.

Development: All structures and other modifications of the natural landscape above and below ground or water, on a particular site; the division of land into one or more parcels, the construction reconstruction, conversion, structural alteration, relocation or enlargement of any structure; any mining, excavation, landfill or land disturbance; and any use or extension of the use of land.

Development Master Plan: A plan of a development which encompasses an entire site under one or more ownerships which is designed to accommodate one or more land uses, the development of which may be phased, and which could include Planned Residential Unit Development, Clustered Subdivision and planned commercial development.

Dwelling: A building or portion thereof, which is constructed in compliance with the Town's adopted building codes and designed as a place for human habitation, except hotel, apartment hotel, boarding house, lodging house, tourist court or apartment court.

Dwelling, Group: Two (2) or more dwellings arranged around a court.

Dwelling, Multiple-Family: A building or portion thereof used and/or arranged or designed to be occupied by more than four (4) families, including apartment houses and apartment hotels but not including tourist courts.

Dwelling, Single-Family: A building arranged or designed to be occupied exclusively by one (1) family, the structure having only one (1) dwelling unit.

Dwelling, Two-Family (a.k.a. Duplex): A building arranged or designed to be occupied by two (2) families, the structure having only two (2) dwelling units.

Dwelling, Three-Family: A building arranged or designed to be occupied by three (3) families, the structure having only three (3) dwelling units.

Dwelling, Four-Family: A building arranged or designed to be occupied by four (4) families, the structure having only four (4) dwelling units.

Dwelling Unit: Any building or portion thereof that contains living facilities, including provisions for sleeping, eating, cooking and sanitation for not more than one (1) family.

Educational Institution: A public elementary or secondary school, seminary, parochial school, or private educational institution having a curriculum similar to that ordinarily given in grades one through twelve in the public school system. The term "education institution" for the purpose of this Ordinance does not include post high school educational facilities.

Educational/Institutional Identification Sign: A sign which is erected on the property of an educational or institutional structure to identify the use

Elderly Person: A person who is 62 years old or older.

Family: One or more persons related by blood, marriage, or adoption, plus domestic employees serving on the premises, or a group of not more than four (4) persons who need not be so related, living together as a single nonprofit housekeeping unit.

Fence: Any artificially constructed barrier of any material or combination of materials erected to enclose or screen areas of land, which is used as a boundary or means of protection or confinement.

Financial Guarantee: In lieu of actual installations of the improvements required by the Huntsville Town Zoning Ordinance, a letter of credit from a lending institution, or an escrow agreement, in an amount equal to the future cost of the installation of the improvements, as determined by the Town Engineer and/or Planning Director, and approved by the Town Attorney, to assure the installation of such improvements within a period of one (1) year or less as determined and approved by the Town Council.

Flea Market: An occasional or periodic sales activity held within a building, structure or open area where groups of individual sellers offer new, used, handmade, homegrown, handcrafted, obsolete or antique items for sale to the general public, not to include private garage sales.

Floor Area, Gross: The sum of the areas of the several floors of a building, including areas used for human occupancy in basements, attics, and penthouses, as measured from the exterior faces of the walls. It does not include cellars, unenclosed porches, or attics not used for human occupancy, or any floor space in accessory buildings or in the main building intended and designed for the parking of motor vehicles in order to meet the parking requirements of this Ordinance, or any such floor space intended and designed for accessory heating and ventilating equipment. It shall include the horizontal area at each floor level devoted to stairwells and elevator shafts.

Frontage: All the property fronting one (1) side of the street between intersecting or intercepting streets, or between a street and a right-of-way, waterway, and end of dead-end street, or political subdivision boundary, measured along the street line. The end of a stub street shall not be construed to be frontage on a street. An intercepting street shall determine only the boundary of the frontage on the side of the street which it intercepts. Frontage along the curve of a cul-de-sac is measured along a straight-line tangent from property line to property line at a point thirty (30) feet back from the point of tangency on the curve. The straight line tangent must be parallel to the point of tangency on the cul-de-sac curve at the mid-point of the curve from property line intersection to property line intersection.

Front Lot Line: The property line of the lot toward which the front line of a main building faces or may face, and which abuts a public dedicated street, a right-of-way or fee title access strip approved by the Town Council as a Special Exception, or a street made public by right of use.

Garage, Private: An accessory building designed or used for the storage of not more than four (4) automobiles owned and used by the occupants of the building to which it is accessory and in which no business, commercial services or industry is carried on, provided that on a lot occupied by a multiple-dwelling, the private garage may be designed and used for the storage of one and one-half (1 ½) times as many automobiles as there are dwelling units in the multiple-dwelling. A garage shall be considered part of a dwelling if the garage and dwelling have a roof or wall in common

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

Garbage: Any non-hazardous, non-medical solid waste.

Geotechnical Terms:

Active Fault: A seismic (earthquake) fault displaying evidence of surface displacement along one or more of its traces during Holocene time (approximately 10,000 years).

Active Landslide: A landslide which is known to have moved or deformed and which has not been proven to be stable by a geotechnical investigation.

Aquifer: A geological unit in which porous and permeable conditions exist or a geologic unit of stratified drift, and thus are capable of yielding usable amounts of water.

Aquifer Recharge Area: An area that has soils and geological features that are conducive to allowing significant amounts of surface water to percolate into groundwater.

Critical Facilities: Lifelines, such as major communication, utility and transportation facilities and their connection to emergency facilities, unique or large structures whose failure might be catastrophic, such as dams or buildings where explosive, toxic or radioactive materials are stored or handled, high occupancy buildings such as schools, hotels, offices, emergency facilities, such as police and fire stations, hospitals, communication centers and disaster response facilities.

Engineering Geology: The application of geological data and principles to engineering problems dealing with naturally occurring rock and soil for the purposes of assuring that geological factors are recognized and adequately interpreted in engineering practice.

Fault: A fracture in the earth’s crust forming a boundary between rock or soil masses that have moved relative to each other.

Fault Trace: The intersection of the fault plane with the ground surface.

Fault Zone: A corridor of variable width along one or more fault traces.

Geotechnical Report: A technical report or study prepared by a geotechnical professional who is qualified in the field of expertise examined and analyzed in such a report: A person shall be considered “qualified” upon presentation of credentials providing recognition in the professional field, an academic degree from an accredited college or university in geology, geotechnics and/or geotechnical engineering.

Landslide: A general term for the down slope movement of a mass of soil, surficial deposits or bedrock.

Liquefaction: A process by which certain water saturated soils lose bearing strength because of ground shaking and increase of groundwater pore pressure.

Glare: A sensation of brightness within the visual field that causes annoyance, discomfort or loss in visual performance and visibility.

Golf Course: A parcel or portion of a parcel of land used for the playing of golf, including driving ranges, and all uses incidental to the principal use, but not including miniature golf.

Grade: (Adjacent ground elevation) The lowest point of elevation of the finished surface of the ground, paving or sidewalk within the area between the building and the property line or, when the property line is more than five (5) feet from the building, between the building or structure and a line five (5) feet from the building or structure.

Graze: To feed on growing grass or herbage.

Grocery Store: A store for the retail sales of food and household goods.

Guest House: A separate dwelling structure located on a lot with one or more main dwelling structures and used for housing of guests or servants and not rented, leased, or sold separate from the rental, lease or sale of the main dwelling.

Handicapped Person: (Persons with a Disability) A person who has a severe, chronic disability attributable to a mental or physical impairment or to a combination of mental and physical impairments, which is likely to continue indefinitely, and which results in a substantial functional limitation in three or more or the following areas of major life activity: self-care, receptive and expressive language, learning, mobility, self-direction, capacity for independent living, or economic self-sufficiency; and who requires a combination or sequence of special interdisciplinary or generic care, treatment, or other services that are individually planned and coordinated to allow the person to function in, and contribute to, a residential neighborhood.

Hazardous Waste: A solid or liquid waste, or combination of solid and liquid wastes which, because of its quantity, concentration, or physical, chemical, or infectious properties may cause or significantly contribute to an increase in mortality or an increase in serious irreversible or incapacitating reversible illness or may pose a substantial present or potential hazard to human health or the environment when improperly treated, stored, transferred, disposed of, or otherwise managed.

Hazardous Waste Disposal Facility: A facility approved by the Environmental Protection Agency (EPA) for the treatment, permanent storage, or disposal of hazardous waste in any fashion so as to prevent contaminants in excess of EPA guidelines from migrating off the facility or into the environment.

Historic District: An area containing buildings or places in which historic events occurred or having special public value because of notable architectural or other features relating to the cultural or artistic heritage of the community, of such significance as to warrant conservation and preservation.

Historic Site: A structure and/or a site in or on which historic events occurred or having special public value because of notable architectural or other features relating to the cultural or artistic heritage of the community, of such significance as to warrant conservation and preservation.

Home Occupation: The occupation shall be secondary to the primary use of the dwelling, which is a residence. It shall be carried on entirely by persons residing in the dwelling unit and shall not change the character of the home. The occupation shall be conducted so that neighbors, under normal conditions, are not aware of its existence. It shall not be a nuisance, cause undue disturbance or involve the use of hazardous materials. The occupation shall conform to all fire, safety and health codes, and it must conform to the Home Occupation chapter of this ordinance.

Homeowner’s Association: A formally constituted private, non-profit corporation made up of the property owners and/or residents of a fixed area for the purpose of owning, operating, and maintaining various common properties and/or facilities.

Horse, Miniature: Defined by size, as being less than 38 inches in height as measured from the withers, with three (3) miniatures being equivalent to one (1) standard horse.

Horse, Pony: Defined by size, as being less than 48 inches in height as measured from the withers, with two (2) ponies being equivalent to one (1) standard horse.

Horse, Standard: Defined by size, as being over 48 inches in height as measured from the withers.

Hospital or Outpatient Facility: Any building or portion thereof used for the accommodation and medical care, including surgical care, of the sick, injured or infirm persons and including sanitariums, alcohol or drug rehabilitation facilities, or institutions for the treatment of emotional illnesses.

Hotel: A building consisting of sixteen (16) or more sleeping units, designed for temporary lodging for compensation, in which no provision is made for cooking in any individual room or suite, and may or may not provide meals.

Household Pets: Animals or fowl ordinarily permitted in the house, and kept for company or pleasure, such as dogs, cats and canaries, but not including a sufficient number of dogs to constitute a kennel as defined in this Ordinance, and excluding exotic animals.

Impact Fees: A payment of money imposed upon development activity as a condition of development approval in order to offset the financial burden for off-site impacts such as schools, provision of services, or infrastructure. (Impact Fee does not mean a tax, a special assessment, a building permit fee, a hookup fee, a fee for project improvements, or other reasonable permit or application fee.)

Industrial Park: A planned, coordinated development for a variety of industrial and related activities. The project is developed or controlled by one proprietary interest with an enforceable master plan and/or covenants, conditions and restrictions. The development may be on one parcel, may have condominium ownerships, or a combination of these types.

Incinerator: Any enclosed device using controlled flame combustion for the incineration, burning, or reduction on non-hazardous and/or non-medical solid waste.

Independent Living Facility: Specially planned, designed and managed multi-unit housing with self-contained living units. A retirement community for Senior Citizens, age 55 or older, designed to provide supportive environments, but also to accommodate an independent lifestyle. A limited number of support services, such as meals, laundry, housekeeping, transportation and social/recreational activities, may be provided; however, no medical services are provided.

Junk, Inoperable or Abandoned Vehicle: Includes any trailer, semi-trailer or motor vehicle not currently registered and licensed in this state or another state that requires licensure, that cannot be legally operated on a public road in its existing condition because the parts necessary for operation, such as, but not limited to, tires, horn, brake lights, windshield, engine, drive train, driver’s seat, steering wheel or column, gas or brake pedals are removed, destroyed, damaged, deteriorated, non-operative or nonconforming.

Junk Yard: The use of any lot, portion of lot, or tract of land for the storage of salvage materials, keeping or abandonment of junk, including but not limited to, scrap metals or other scrap material, debris, or for the dismantling, demolition or abandonment of automobiles, or other vehicles, or machinery or parts thereof; providing that this definition shall not be deemed to include such uses which are clearly accessory and incidental to any agricultural use permitted in the zone.

Kennel: The land or buildings used in the keeping of four (4) or more dogs, at least four (4) months old.

Landscaping: Landscaping shall consist of any of the following or combinations thereof; materials such as, but not limited to, grass, ground cover, shrubs, vines, hedges, and trees; and non-living durable materials commonly used in landscaping, such as, but not limited to, rocks, pebbles, sand, walls, or fences but excluding paving.

Landscape Plan: Detailed plans depicting the layout and design for landscaping, including, but not limited to location, height and materials of walls, fences, hedges and screen plantings; ground cover plantings or other surfacing to break monotony of building materials, concrete and asphalt; number, type and mature and planted size of all landscape plantings; method of irrigation, location of water meter, piping, pumps, timers, point of connection and any blow-out or winterizing system; location, type and size of any existing trees over 4 inches in diameter; location, type and size of any existing landscaping not planned for removal; location, type and size of any decorative lighting systems.

Livestock Yard: A commercial operation on a parcel of land where livestock are kept in corrals or yards for extended periods of time at a density which permits little movement and where all feed is provided for the purpose of fattening or maintaining the condition of livestock prior to their shipment to a stockyard for sale, etc.

Lockout Sleeping Room: A sleeping room in a dwelling, dwelling unit, condominium unit or condominium rental apartment with separate or common access and toilet facilities but no cooking facilities except a hotplate, which may be rented independently of the main unit for nightly rental by locking interior access. A lockout sleeping room shall not be sold independently from the main dwelling unit.

Lodging House: A building where lodging only is provided for compensation in five (5) or more guest rooms, but not exceeding fifteen (15) persons.

Lot: A parcel of land occupied or capable of being occupied by a permitted use, building or group of buildings (main and accessory), together with such yards, open spaces, parking spaces and other areas required by the Huntsville Town Zoning Ordinance, and/or the Subdivision Ordinance of Huntsville Town, having frontage upon a street or upon a right-of-way approved by the Board of Adjustment and/or Huntsville Town Council. Except for group dwellings, and Planned Residential Unit Developments, not more than one (1) dwelling structure shall occupy any one (1) lot.

Lot, Corner: A lot abutting on two (2) intersecting or intercepting streets, where the interior angle of intersection of interception does not exceed one hundred thirty-five (135) degrees.

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

Lot, Non-Conforming: A lot or parcel of land that has less than the required minimum area or width as established by the zone in which it is located and provided that such lot or parcel was of record as a legally created lot on the effective date of this ordinance.

Lot, Restricted: A lot or parcel of land which:

A. has an average slope of twenty-five (25) percent or more

B. does not contain a building area of at least seventy-five (75) feet by one hundred (100) feet on a buildable portion of the lot with an average slope of less than twenty-five (25) percent, exclusive of easements or required setbacks

C. has been identified as having potential geologic or other environmental hazards or constraints which require further investigation prior to issuance of a building permit

In a subdivision, such lot is designated by the Letter "R" after the lot number.

Non-Buildable Area is defined as that area of a lot or parcel of land which has been determined unsuitable for construction of residential buildings and other structures for human occupancy because of extreme slope or identified potential geologic or other environmentally hazardous conditions.

Manufactured Home: A factory-built structure which is constructed in compliance with the Federal Manufactured Housing Construction and Safety Standards Act of 1974 which became effective June 15, 1976, transportable in one or more sections, built on a permanent chassis and designed as a place for human habitation of not more than one family, with or without a permanent foundation when connected to required utilities.

Manufactured Home Park: A parcel of land under single ownership that has been planned and improved for the placement of manufactured housing under a rental or lease agreement for the individual lot spaces.

Marquee: A Marquee is defined as a permanent roof-like structure projecting beyond a building wall at an entrance to a building or extending along and projecting beyond the building’s wall and generally designed and constructed to provide protection against the weather.

Marquee Sign: Any sign attached to and made part of a marquee

Medical Waste: Any solid waste which is generated in the diagnosis, treatment, or immunization of human beings or animals, in research pertaining thereto, or in the production of testing of biologicals.

Medical Waste Disposal Facility: Any facility designed to treat, permanently store, incinerate, and/or otherwise destroy medical waste in any manner within EPA guidelines, or in harmony with prevailing health codes and other local restrictions.

Mobile Home: A factory built moveable living unit which does not meet the requirements of the Federal Manufactured Housing Construction and Safety Standards Act of 1974 which became effective June 15, 1976, transportable in one or more sections, and which is 8 ft. or more in body width and 32 ft. or more in body length, and which is built on a permanent chassis with wheels and designed as a place for human habitation of not more than one family, with or without a permanent foundation when connected to utilities. (The term “Mobile Home” as herein defined, does not refer to a “Manufactured Home” which meets all requirements of the above referenced Act. See definition for “Manufactured Home.”)

Model Home: A residential dwelling, built by a developer as an example of the possible dwellings to be built on an individual lot. Usually, but not necessarily furnished, the model home is on display for potential lot buyers to tour, but with no sales office included in the model.

Modular Home: A factory-built structure which is transportable in one or more sections, built on a permanent chassis and designed as a place for human habitation when placed upon a permanent foundation and connected to all utilities.

Motel, Motor Hotel, Motor Inn: A building containing lodging rooms having adjoining individual bathrooms and where the lodging rooms are not entered from a common entrance lobby and where more than fifty (50) percent of the lodging rooms are for rent to transient guests.

Motor Home: A self-propelled vehicular unit, primarily designed as a temporary dwelling for travel, recreational and vacation use.

Museum: An establishment operated as a repository for a collection of nature, scientific or literary curiosities or objects of interest or works of art, not including the regular sale or distribution of the objects collected.

Natural Hazards Overlay Maps: The maps adopted by Weber County, the State of Utah, and the Federal Government, showing potentially hazardous lands in Weber County, within which hazardous lands investigations are generally required prior to development. Each map identifies areas which may be affected by a particular type of hazard.

Natural Waterways: Those areas, varying in width, along streams, creeks, gullies, springs or washes which are natural drainage channels as determined by the Huntsville Town Building Inspector/Official, the Huntsville Town Engineer, the Weber County Engineer, the Utah State Engineer’s Office, the USGS, FEMA, or any other Town, County, State, or Federal Official, and in which areas no buildings shall be constructed.

Nightly Rental: The rental of a sleeping room, apartment, dwelling unit or dwelling for time periods of less than 30 days.

Non-complying Building or Structure: a structure that

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

B. 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 Use: a use of land that

A. legally existed before its current land use designation;

B. has been maintained continuously since the time the land use ordinance governing the land changed; and

C. because of one or more subsequent land use ordinance changes, does not conform to the regulations that now govern the use of the land.

Non-Developable Area: An area where, due to topographic (e.g. over 30% slope), sensitive lands (e.g. defined wetlands, floodplain), or hazardous conditions (e.g. earthquake, landslide), as defined by Huntsville Town Ordinances, the land is not considered to be suitable for construction of residential, commercial or manufacturing buildings or structures.

Nuisance: A nuisance is any item, thing, manner, condition whatsoever that is either:

A. dangerous to human life or health; or

B. renders soil, air, water, or food impure or unwholesome.

Nuisance, Public:

A. A public nuisance is a crime against the order and economy of the Town and consists in unlawfully doing any act or omitting to perform any duty, which act or omission either:

1. Annoys, injures, or endangers, the comfort, repose, health, or safety of the public; or

2. Unlawfully interferes with, obstructs, or tends to obstruct or renders dangers for passage, any lake, stream, canal, or basin, or any public park, square, street or highway; or

3. In any way renders residents insecure in life or the use of their property.

B. An act which affects the public in any of the ways specified in the section is still a nuisance regardless if the extent of annoyance or damage inflicted on individuals is unequal.

Nurseries: Building, structures and/or facilities for the growth and sale of plants and/or for the utilization of and storage of equipment for landscaping operation and wholesale and/or retail or commercial gardening supplies.

Nursing Home: (See also Convalescent Home) A building, structure and /or facility for the care of children, the aged, infirm, or convalescent of any age.

Office: A building or portion of a building wherein services are performed involving predominantly administrative, professional or clerical operations.

Office Park: A tract of land that has been planned, developed and operated as an integrated facility for a number of separate office buildings and supporting ancillary uses with special attention given to circulation, parking, utility needs, aesthetics and compatibility.

Open Green Space: An open space, publicly or privately held property, intended to provide light and air, suitable for recreation and/or natural vegetation and/or landscaping, and shall be unoccupied and unobstructed by buildings and/or hard surfaces such as asphalt, cement and packed gravel, and may be used for active or passive recreation, environmental, scenic or resource conservation, except that such open green space may be traversed by necessary sidewalks and access rights-of-way, and may include, but is not limited to lawns, decorative planting, playgrounds, and fountains; when provided in as a part of and within a subdivision development, may be used, under agreement with a homeowner’s association, for agricultural purposes.

Open Space, Common: Open space within or related to a development, which is not held in individually owned lots or dedicated for public use, but which is owned in common by the owner’s association and is designed, maintained, and intended for the common use or enjoyment of the residents of the development.

Ordinary High Water Mark: The line on the bank to which the high water ordinarily rises annually in season as indicated by changes in the characteristics of the surrounding areas. Where the ordinary high water mark cannot be found, the top of the channel bank shall be substituted.

Overlay District: A zone district that encompasses one or more underlying zones with additional requirements or special regulations and allows special flexibility in planning the use, site layout and infrastructure design above that required by the underlying zone. These special requirements shall take precedence over the provisions of the underlying zone.

Parking Lot: An open area, other than a street, used for the parking of more than four (4) automobiles and available for public use, whether free, for compensation or as an accommodation for clients or customers designed so that access to the parking spaces in the lot is by means of private interior roadways or alleys and not be direct access from a public street.

Parking Space: Space within a building, lot or parking lot for the parking or storage of one (1) automobile.

Pasture: Grass or other plants eaten by grazing animals. Land used for grazing and pasture feeding.

Peninsula: A portion of Huntsville Town and nearly surrounded by water or unincorporated land, connected by only a small strip of roadway or land.

Permitted Use: (See Use, Permitted).

Principal Building: (See Building, Main).

Principal Use: (See Use, Main).

Private: Means for use by the occupant, his friends, and guests, and not for the purpose of remuneration, hire, or sale, or any other commercial use nor use by an ad hoc informal association or group for the purpose of circumventing this limitation.

Private Liquor Club: A private non-profit association organized pursuant to the provisions of the State of Utah Liquor Control Act, Title l6, Chapter 6, which (a) is organized for the main purpose of on-premises consumption of liquor by the membership; (b) maintains a board or committee authorized to control and conduct the business and social affairs of the association; and is frequented only by members who are regular dues paying persons with full club privileges and their duly authorized guests.

Public: Buildings or uses owned or operated by a branch of the Government or governmental entity and open to the public, such as Libraries, School, Parks, other than private facilities.

Qualified Professional: A professionally trained person with the requisite academic degree, experience and professional certification or license in the field or fields relating to the subject matter being studied or analyzed.

Quasi-Public: The use of premises by a public utility, such as utility substations and transmission lines; a permanently located building or structure, together with its accessory buildings and uses, commonly used for religious worship, such as churches and monasteries.

Recreational Resort: A planned development which may consist of a combination of nightly or weekly lodging facilities and/or rental units and/or owner occupied dwelling units, and may include such support facilities as restaurants, gift shops, and personal service facilities (e.g., beauty shop, barber shop, boutique, massage salon); all development of which is designed around a recreational theme and shall offer a variety of outdoor and/or indoor recreation facilities and activities on-site which are designed to attract visiting, as well as, local vacationers as a site destination because of the recreational attractions, both on and off-site, as well as offering an attractive, vacation type atmosphere.

Recreational Lodge: A lodge constructed in a mountainous or forested location, which may include up to sixteen (16) guest sleeping rooms, and facilities for guest’s meals, providing on-site winter sports amenities such as cross country ski trails, snowmobile trails, ice skating and/or similar activities, and, if open year-round, offers summer recreation amenities such as equestrian trails, mountain biking trails, hiking trails, rock climbing training stations, golf course, putting greens, and/or tennis courts. Accessory uses, such as sports equipment rental and repair may be included. The number of horses allowed, in the case of a riding stable, shall be calculated and may be permitted based upon acreage and site plan review, and recommended by the Planning Commission. Limited day use may be allowed based upon site plan review and approval of the overall project as a Conditional Use by the Planning Commission.

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: travel trailer, camp trailer, folding tent trailer, truck camper, or motor home.

Residential Facility for Elderly Persons: A single-family or multi-family dwelling unit designed for elderly inhabitants.

Residential Facility for Disabled Persons: A single-family or multiple family dwelling unit, consistent with existing zoning of the desired location, that is occupied on a 24-hour per day basis by eight or fewer persons with a disability in a family-type arrangement under the supervision of a house family or manager, and that conforms to all applicable standards and requirements of the Department of Social Services, and is operated by or operated under contract with that department.

Restaurant: An establishment whose primary business is the selling of unpackaged food to the customer in a ready-to-consume state, in individual servings, or in nondisposable containers, and where the customer consumes these foods while seated within the building. This includes cafes, tea rooms and outdoor cafes.

Restaurant, Drive-in: An establishment that delivers prepared food and/or beverages to customers in motor vehicles, regardless of whether or not it also serves prepared food and/or beverages to customers who are not in motor vehicles, for consumption either on or off the premises.

Restaurant, Fast Food: An establishment offering quick food service, which is accomplished through a limited menu of items already prepared and held for service or prepared, fried or griddled quickly, or heated in a device such as a microwave oven. Orders are not generally taken at the customer’s table, and food is generally served in disposable wrapping or containers.

Rustic Sign: (See Sign, Rustic)

Screen: A wall, partition, fence or hedge for separation of one land use from another.

Screening: The method by which a view of one site from another adjacent site is shielded, concealed or hidden. Screening techniques include fences, walls, hedges, berms, or other features.

Senior Citizen: A person over the age of fifty-five (55) years.

Sensitive Lands Overlay Maps: The maps adopted by the Huntsville Town Council showing sensitive lands within the bounds of Huntsville Town, and/or in the areas of Unincorporated Weber County adjacent or near to the bounds of Huntsville Town, within which sensitive lands investigations are generally required prior to development. Each map identifies areas which may be affected by a particular type of sensitive lands.

Shopping Center: A group of three (3) or more separate commercial establishments which share the same site, with common facilities including parking, ingress/egress, landscaping and pedestrian malls which function as a unit. Distinguishing characteristics of a shopping center may, but need not, include common ownership of the property upon which the center is located, common wall construction, and multiple occupant commercial use of a single structure.

Shrubs: Shrubs required by this ordinance shall be self-supporting, woody species, as normally grown in the Huntsville Town, Ogden Valley area.

Sign: Any device for visual communication to the general public displayed out-of-doors, including signs painted on exterior walls and interior illuminated signs, to be viewed from out-of -doors, but not including any flag, badge, or ensign of any government or governmental agency. A presentation or representation of words, letters, figures, designs, pictures, or colors, publicly displayed so as to give notice relative to a person, a business, an article or merchandise, a service, an assemblage, a solicitation or a request for aid; also the structure or framework or any natural object on which any sign is erected or is intended to be erected or exhibited or which is being used or is intended to be used for sign purposes.

Sign, Advertising: An "off premise" sign.

Sign, Animated: A sign which involves a motion or rotation of any part created by artificial means, or displays flashing or intermittent lights.

Sign, Area: The area of a sign that is used for display purposes, excluding the minimum frame and supports. In computing sign area, only one side of back-to-back signs 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 forty-five (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, Billboard: An "off premise" sign. Two or more separate advertising spaces structurally connected will be considered one sign.

Sign, Business: A sign which directs attention to a use conducted, project or commodity sold or service performed upon the premises.

Sign, Canopy: A sign which is part of or attached to an awning, canopy or other fabric, plastic or structural protective cover over a door, entrance, window, or outdoor service area. A Marquee is not a canopy (See definition for Marquee).

Sign, Development: A temporary business sign identifying a construction project, or subdivision development. The sign may contain the name of the project, name and an address of the construction firm(s), architect and developer.

Sign, Directional: Business incidental signs designed to guide or direct pedestrians or vehicular traffic:

Sign, Flat: A sign erected parallel to, and attached to or painted on or pasted on, the outside wall or window of a building and projecting not more than eighteen (18) inches from such wall or window.

Sign, Floodlighted: A sign illuminated in the absence of daylight and by devices which reflect or project light upon it.

Sign, Freestanding (Pole Sign): Any sign supported by a single pole or support that is placed on or anchored in the ground and that is independent from any building or other structure.

Sign, Ground: A sign placed upon the ground, or supported by a frame or supports placed in or upon the ground.

Sign, Identification and Information: An on premise sign displayed to indicate the name or nature of a building or use, including all professional and business buildings, home occupations, apartment complexes, and public and semipublic buildings. Temporary and development signs are classified in this category only.

Sign, Illuminated: A sign which has characters, letters, figures, designs or outline illuminated by electric lights or luminous tubes as part of the sign proper. Limited to Commercial Zone.

Sign, Marquee: Any sign attached to and made part of a marquee.

Sign, Name Plate: A sign indicating the name and/or occupation of a person or persons residing on the premises or legally occupying the premises or indicated a home occupation legally existing on the premises.

Sign, Off Premise: A sign which directs attention to a use, project, commodity or service not related to the premises on which it is located.

Sign, Political or Campaign: A temporary sign soliciting support for a person running for public office or a sign defending or objecting to an issue or proposal being placed before the public.

Sign, Projecting: A sign attached to a building or other structure and extending in whole or in part more than eighteen (18) inches beyond any wall of the building or structure. Limited to Commercial Zones.

Sign, Property: A sign related to the property on which it is located and offering such property for sale or lease, or advertising contemplated improvements or announcing the name of the builder, owner, designer or developer of the project, or warning against trespassing.

Sign, Public Necessity: A sign installed by a governmental agency informing the public of any danger or hazard existing on or adjacent to the premises.

Sign, Roof: A sign erected partly or wholly on or over the roof of a building, but not including ground signs that rest on or overlap a roof twelve (12) inches or less. Limited to Commercial Zones.

Sign, Rustic: A commercial Freestanding or Ground sign which is predominantly constructed of natural and/or natural appearing materials, such as brick, textured concrete, glass, natural or chiseled stone, rough hewn, antiqued, sandblasted or carved wood, or metal which is rust resistant, and anodized, stained, painted (natural earth tones) or otherwise treated to prevent reflective glare and includes appropriate landscaping in the overall design.

Sign, Service: 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, sale of agricultural products produced upon the premises or other such pertinent facts.

Sign, Temporary: Temporary signs as regulated by this Ordinance shall include any sign, banner, pennant, valance or advertising display constructed of cloth, canvas, light fabric, cardboard, wall board or other light materials with or without frames, intended to be displayed for a short period of time only.

Sign, Wall: A sign which is affixed to an exterior wall of a building or structure and which projects not more than eighteen (18) inches from the building or structure wall and which does not extend more than four (4) feet above the parapet, eaves or building facade of the building on which it is located.

Site Plan: A plan/document or group of documents, prepared to scale, showing accurately and with complete dimensioning, the boundaries of a site and the location of all buildings, structures, uses and primary site development features proposed for a specific parcel of land, including, but not limited to text, photographs, sketches, drawings, maps and other materials intended to present certain elements of the proposed development, including, but not limited to physical design, siting of buildings and structures, interior vehicular and pedestrian access, the provision of improvements and the interrelationship of these elements.

Slope: The level of inclination of land from the horizontal determined by dividing the horizontal run of the slope into the vertical rise of the same slope and converting the resulting figure into a percentage value. For purposes of regulation and measurement, slope shall cover at least twenty-five (25) feet vertically and fifty (50) feet horizontally.

Solid Waste: Any household garbage, refuse, sludge from a waste treatment plant, water supply treatment plant, or air pollution control facility and other discarded material, including solid, liquid, semi-solid, or contained gaseous material resulting from industrial, commercial, mining and agricultural operations and from community activities.

Stable: An accessory or main building for the keeping of horses or cattle.

Stable, Private: A horse stable which is accessory to a residential dwelling unit or other main building, as allowed or conditioned under individual zoning districts, for the use of the owner/occupant, his friends and guests. Not for the purpose of remuneration, hire or sale or any other commercial use nor use by an ad hoc informal association or group for the purpose of circumventing this limitation.

Stable, Public: A main or primary building for the keeping of horses for rent, lease, sale or boarding for remuneration by the general public.

Stockyard: A commercial operation consisting of yards and enclosures where livestock are kept temporarily for slaughter, marketing or shipping, together with necessary offices, chutes, loading and unloading pens and railroad facilities.

Story: The space within a building included between the surface of any floor and the surface of the ceiling next above.

Streams: The flow of water on land, excluding ditches and canals constructed for irrigation and drainage purposes, that flow year around or intermittently during years of normal rainfall.

Stream Corridor: The water’s passageway defined by the stream’s ordinary high water mark.

Street Banner Sign: Any banner sign which is stretched across and hung over a public right-of-way.

Street, Public: A thoroughfare which has been dedicated or abandoned to the public and accepted by the proper public authority, or a thoroughfare, not less than twenty-six (26) feet wide, which has been made public by right of use and which affords the principal means of access to abutting property:

Street, Private: A thoroughfare which has been dedicated to the abutting land owners for joint private access to private property and accepted and approved by the Town Council.

Structure: Anything constructed or erected, which requires location on the ground or attached to something having a location on the ground.

Structural Alterations: Any change in supporting members of a building or structure, such as bearing walls, columns, beams or girders.

Suitability Determination: A study carried out under the direction of the Planning Commission to ascertain if a development at increased densities due to a density transfer from a sensitive area is compatible with development on surrounding or adjacent property.

Supermarket: A store for the retail sale of food and household goods with additional services within the building, such as banking, dry cleaners, real estate sales office, and insurance sales.

Temporary Real Estate Sales Office: An office established within a Model Home or the garage area of a model home on a temporary basis.

Temporary Use: A prospective use, intended for limited duration, to be located in a zoning district not permitting such use, and not continuing a nonconforming use or building.

Tourist Court or Motel: Any building or group of buildings containing sleeping rooms, with sanitary facilities, with or without fixed cooking facilities, designed for temporary use by automobile tourists or transients, with garage attached or parking space conveniently located to each unit, including auto courts, motels or motor lodges.

Tower: A structure situated on a nonresidential site that is intended for transmitting or receiving television radio or telephone communications, excluding those used exclusively for dispatch communications.

Town Council: The Town Council of Huntsville Town, consisting of the elected Mayor and four (4) elected Councilpersons, for a total of five (5) voting members.

Trailer Camp or Trailer Court: Any area or tract of land used or designed to accommodate two (2) or more travel trailers, recreational vehicles or camping parties.

Travel Trailer: A vehicular, portable unit, mounted on wheels, not requiring special highway movement permits when drawn by a legally licensed and registered motorized vehicle:

A. Designed as a temporary dwelling for travel, recreational and vacation use; and

B. When factory-equipped for the road, having a body width of not more than eight feet and a body length of not more than thirty-two (32) feet.

Trees: Trees shall be defined as self-supporting woody plants of species which normally grow to an overall height of a minimum of fifteen (15) feet in the Huntsville Town, Ogden Valley area.

Use, Accessory: A use incidental to and on the same lot as a principal use; is clearly incidental to and customarily found in connection with a principal building or use; is subordinate to and serves a principal building or a principal use; is subordinate in area, extent or purpose to the principal building or principal use served; contributes to the comfort, convenience, or necessity of occupants, business or industry in the principal building or principal use served.

Use, Conditional: A use or occupancy of a building, or use of land permitted by the Huntsville Town Council as a "Special Exception" only when authorized upon issuance of a Conditional Use Permit and subject to the limitations and conditions specified therein as provided in the Conditional Uses Chapter of this Ordinance, intended to allow compatible integration of uses which may be suitable only in certain locations within a particular zone, or only upon certain conditions and/or design criteria being achieved.

The purpose and intent of Conditional Uses is to allow in certain areas, compatible integration of such uses as special exceptions but which are related to the permitted uses of the zone, but which may be suitable and desirable only in certain locations in that particular zone due to conditions and circumstances peculiar to that location and/or only if such uses as designed, laid out and constructed on the proposed site in a particular manner.

Use, Main: The principal use of land or structures, as distinguished from a secondary or accessory use.

Use, Permitted: Any use lawfully occupying land or buildings as authorized in the Zoning Ordinance and for which no Conditional Use Permit is required.

Use, Secondary: A use and/or structure, in addition to the main/primary use, and located on the same lot or parcel of land as the main/principal use.

Variance: A relaxation, by the Board of Adjustment, of the dimensional regulations of the Zoning Ordinance where such action will not be contrary to the public interest and where, owing to conditions peculiar to the property and not the result of actions or the situation of the applicant or previous owners, a literal enforcement of the Ordinance would result in unnecessary and undue hardship, other than an economic nature or self- imposed hardship. A self-imposed hardship created by a previous owner is considered to run with the land.

Veterinary Hospital: (See also Animal Hospital) Any structure, building and/or facilities for medical and/or surgical care, treatment of animals, including boarding of animals.

Vendor, Short Term: The sale of products from a trailer, mobile store, or kiosk subject to the following requirements:

A. Must be located on an improved site which includes, but not limited to, such items as fire protection, parking surface, drainage, etc., to be determined at the time of conditional use application

B. The same vendor cannot use the same parcel for more than 120 consecutive days in a year for the same business

C. A short term vendor is allowed only one permit per parcel per year

D. The product cannot be materially altered on site (no cooking of food), and

E. Must comply with the Sign Ordinance.

Vines: Vines are plants which normally require support to reach mature form.

Width of Lot: The distance between the side lot lines at the minimum setback distance from the front lot line required for the depth of the front yard.

Yard: An open space on a lot, other than a court, unoccupied and unobstructed from the ground upward by permanently parked vehicles, buildings or structures, except as otherwise provided herein.

Yard, Front: A yard on the same lot with a building, between the front line of the building exclusive of steps and the front lot line, and extending across the full width of the lot. The "depth" of the front yard is the minimum distance between the nearest part of the front lot line and the nearest part of the front line of the building or buildings on the lot, and is not to be less than thirty (30) feet.

Yard, Rear: A yard on the same lot with a building between the rear line of the building exclusive of steps and the rear lot line and extending the full width of the lot. The "depth" of the rear yard shall be the minimum distance between the nearest part of the rear lot line and the nearest part of the rear line of the building.

Yard, Setback: The minimum distance for the "depth" or "width" of a yard required by this ordinance for the zone in which the lot or parcel is located.

Yard, Side: A yard on the same lot with a building, between the side line of the building exclusive of steps and the side lot line and extending from the front yard to the rear yard. The "width" of the side yard shall be the minimum distance between the nearest part of the side lot line and nearest part of the side line of the building, and is not to be less than ten (10) feet. If the lot is a corner lot, the side yard setback on the adjacent street frontage shall be the same as the front yard setback