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For the purposes of this Title, certain words and phrases have the following meanings:

“Accessory apartment” or "accessory living space" means a subordinate residential living area created in conjunction with a one-family dwelling which:

(a) Meets the requirements of the applicable zone where the accessory apartment is located; and

(b) Meets the requirements of Chapter 14.30, Provo City Code.

“Accessory Building” means a building or structure, the use of which is incidental to and subordinate to the main building or structure.

“Accessory Use” means a use which is incidental and subordinate to the prescribed permitted use within any respective zoning provision when the principal use exists in the same parcel and zone. No accessory use shall be allowed on a particular parcel unless the permitted use is being actively utilized.

“Adult Day Care” means nonresidential care and supervision:

(a) for three (3) or more adults at least four (4) but less than twenty-four (24) hours a day; and

(b) that meets the needs of functionally impaired adults through a comprehensive program that provides a variety of health, social, recreational, and related support services in a protective setting.

“Alley” means a public thoroughfare for the use of pedestrians and vehicles which affords, or is designated, or intended to afford, a secondary means of access to abutting properties as set forth in Chapter 15.03, Provo City Code.

“Apartment” means a dwelling unit located in an apartment building, (except when used with the term “accessory apartment”).

“Apartment Building” means a building containing five (5) or more dwelling units.

“Area” means the aggregate of the maximum horizontal cross section within given boundaries.

“Assisted Living Facility” means a residential facility meeting the requirements of a type I or type II assisted living facility as defined by Utah Code Section 26-21-2(5), as amended.

“Baching Apartment” See “Dwelling, Baching Singles”.

“Baching Singles” means the number of related or unrelated individuals set forth in Subsection (a) of this definition, none of whom is a head of household, who are occupying a baching singles dwelling unit in accordance with regulations applicable to the zone where the dwelling unit is located.

(a) The number of persons who constitute baching singles shall be four (4) or more.

(b) The following presumption shall be employed in applying this definition:

(i) A group of individuals living together in the same dwelling unit shall be presumed to be baching singles if the dwelling unit is occupied by the number of individuals authorized in the zone where the baching singles dwelling unit is located, and such individuals are:

(A) Unrelated adults over the age of eighteen (18) years and do not have any minor dependent children who occupy the dwelling unit; or

(B) College students over the age of sixteen (16) years; or

(C) Any combination of Subsections (b)(i)(A) and (B) of this definition.

(D) A college student is a person who attends, at least half time, any college, university or other institution authorized to confer degrees by the State of Utah.

(ii) The burden of disproving this presumption shall be on the person challenging it and shall be made based on a preponderance of evidence.

(iii) For the purpose of this presumption minor dependent children of any individual resident of the dwelling unit shall be excluded in calculating the number of individuals living in the dwelling unit.

“Bed and Breakfast Inn” means a building of residential design of historic or neighborhood significance in which not fewer than three (3) but not more than nine (9) rooms are rented out by the day, offering overnight lodgings to tourists, and where one (1) or more meals may be provided to overnight guests.

“Billboard” means a freestanding ground sign located on industrial, commercial, or residential property if the sign is designed or intended to direct attention to a business, product, or service that is not sold, offered, or existing on the property where the sign is located.

“Block Face” means all property fronting upon one (1) side of a street between intersecting and intercepting streets, or between the street and the railroad right-of-way, waterway, terminus of a dead end street, city boundary, public park, or other natural boundary. An intercepting street shall determine only the boundary of the block face of the side of the street which it intercepts.

“Buildable Area” means that portion of a lot or parcel which is eligible to place a building or structure and complies with the setbacks of the zone where property is located.

“Building” means a permanently located structure for the shelter, housing, or enclosure of any person, animal, article, or chattel. When any portion hereof is completely separated from every other portion thereof by a division wall or fire wall, without openings, each such portion shall be a separate building. “Building” shall not include any form of vehicle, even though immobilized. Where this Chapter requires, or where special authority granted pursuant to this Chapter requires, that a use shall be entirely enclosed within a building, this definition shall be qualified by adding “and enclosed on all sides.”

“Building Attached” means any buildings separated by six (6) feet or less shall be deemed “attached” for the purposes of this Title and as such shall meet all requirements of this Title as if it were one (1) building, whether actually physically connected or not.

“Building Height” means the vertical distance measured from the average elevation of the finished lot grade at each face of the building minus any artificial terracing or earth berming placed by the owner or developer that goes beyond that required for backfill or foundation drainage, to the highest point of the coping of a flat roof, or to the deck line of a mansard roof, or to a point halfway between the lowest part of the eaves or cornice and the highest point of a pitched or hipped roof; provided that those structures set forth in Section 14.34.090, Provo City Code, shall be excluded from said measurement. The height of a stepped or terraced building is the maximum height of any segment of the building. Refer to Figure 14.06.030, at the end of this Chapter, for building height illustrations.

“Building Line” means a line parallel to the front lot line and at a distance therefrom equal to the required depth of the front yard measured in accordance with the method set forth in “Yard-Front” and extending across the whole width of the lot.

“Building-Main” means the principal building on a lot or building site designed or used to accommodate the primary use to which the premises are devoted. Where a permissible use involves more than one (1) structure designed or used for the primary purpose, as in the case of apartment groups, each such permitted building on one (1) lot as defined by this Title shall be construed as constituting a main building.

“Cannabis production establishment” means a cannabis cultivation facility, a cannabis processing facility, or an independent cannabis testing laboratory, as defined in Title 4, Chapter 41a of the Utah Code Annotated 1953, as amended.

“Caretaker Dwelling” See “Dwelling, Caretaker”.

“Caretaker” means an individual who cares for real property as allowed in certain commercial and industrial zones in accordance with applicable provisions of this Title.

“Carport” means a covered area for one or more motor vehicles which:

(a) is not completely enclosed by walls or doors;

(b) conforms to all of the regulations set forth in this Title for a private garage; and,

(c) if provided as required covered parking under this Title, is architecturally compatible with the main structure on the lot where the carport is located.

“Center-line of Street” means that line designated as “Center-line” in any street in the City by the records of the City Engineer.

“Certified Residential Facility for Persons with a Disability” means a dwelling unit certified by the State of Utah for the housing of three (3) or fewer persons with a disability.

“Child Day Care Center” means a facility in which thirteen (13) or more children ages two (2) through thirteen (13) years are cared for in lieu of care ordinarily provided by parents in their own home.

“Coin-operated Amusement Video Game Center (Arcade)” means any business establishment containing greater than three (3) coin-operated amusement, electronic, or video machines or games.

“Conditional use” means a land use that, because of its unique characteristics or potential impact on the city’s surrounding neighbors, or adjacent land uses, may not be compatible in some areas, or may be compatible only if certain conditions are required that mitigate or eliminate the detrimental impacts.

“Condominium” means the ownership of a single unit in a multi-unit project together with an undivided interest in common in the common areas and facilities of the property created pursuant to the Utah Condominium Ownership Act.

“Condominium Project” means a real estate condominium project; a plan or project whereby two (2) or more units, whether contained in existing or proposed apartments, commercial, or industrial buildings or structures or otherwise, are separately offered or proposed to be offered for sale. “Condominium Project” shall also mean the property when the context so requires.

“Convalescent, Rest Home and Nursing Home Services” means an intermediate care/nursing facility or a skilled nursing facility for the care of adults who due to advance age, disability, or impairment require assistance and/or supervision by staff. Such facility does not include adult day care provided in conjunction with a residential facility for elderly persons or a residential facility for persons with a disability.

“Court” means an unoccupied space on the lot other than a required yard, designed to be partially surrounded by a building or group of buildings.

“Day Care Services” means care of a child for a portion of the day which is less than twenty-four (24) hours, in one’s own home by a responsible person or outside of one’s home in a day care center. This includes preschools.

“Design corridor” means the nearby lands comprising the streetscape on a collector or arterial street, state highway or other street which are designated for uniform design treatment to help redevelop and beautify such areas as provided in Chapter 14 of this Title.

“Dwelling” means a building or portion thereof designed and used for residential occupancy, including one-family, two-family, multi-family, and apartment buildings; but shall not include boarding, rooming, or lodging houses, tents, trailers, mobile home parks, motels, motor courts, motor lodges, cottage camps, or similar structures designed or used primarily for transient residential uses.

“Dwelling-one-family” means a detached dwelling unit arranged, designed for, and occupied by not more than one (1) family, and which has a kitchen and a bathroom.

“Dwelling-one-family, with accessory apartment” means a dwelling which:

(a) Contains a one-family dwelling unit and an accessory apartment within the same building, where the accessory apartment is subordinate to the one-family dwelling unit; and

(b) Meets the requirements of the applicable zone where the accessory apartment is located.

“Dwelling-one family attached” means a one-family dwelling attached to two (2) or more one-family dwellings by common vertical walls.

“Dwelling-one-family semi-detached” (Twin Home) means a one family dwelling attached to one other one-family dwelling by a common vertical wall, and each dwelling is located on a separate lot.

“Dwelling-two family” means a dwelling arranged, designed for, and occupied by two (2) families living independently of each other and containing two (2) dwelling units.

“Dwelling-multiple family” means a dwelling arranged, designed for, and occupied by three (3) or four (4) families living independently of each other, and containing three (3) or four (4) dwelling units.

“Dwelling-apartment” means a dwelling arranged, designed for, and occupied by five (5) or more families living independently of each other, and containing five (5) or more dwelling units.

“Dwelling, baching singles” means a dwelling unit arranged, designed for, and occupied by not more than the number of baching singles authorized by the zone where the dwelling unit is located.

“Dwelling, caretaker” means a dwelling unit:

(a) Located on property in a commercial or industrial zone for the purpose of providing security or otherwise caring for the property, and

(b) Which conforms to applicable provisions of this Title.

“Dwelling group” means a group of two (2) or more detached dwellings located on a parcel of land in one ownership and having one (1) yard or court in common.

“Dwelling unit” means one (1) or more rooms in a dwelling designed and used for living and sleeping purposes, and having a kitchen and a bathroom. Accessory and supplementary apartments are not separate dwelling units. They are located within and are subordinate to a one-family dwelling.

“Efficiency dwelling unit” means a dwelling unit with an area of less than five hundred fifty (550) square feet which is limited to no more than two (2) occupants. The sleeping area must be a minimum of seventy (70) square feet and the living area two hundred twenty (220) square feet.

“Elderly person” means a person who is sixty (60) years old or older, who desires or needs to live with other elderly persons in a group setting.

“Family,” unless otherwise expressly provided in this Title, means:

(a) One (1) individual living alone; or

(b) One (1), but not more than one (1) at the same time, of the following groups of individuals described in Subsection (b)(i) or (ii) of this definition who together occupy a one-family dwelling unit as one (1) nonprofit housekeeping unit and who share common living, sleeping, cooking and eating facilities:

(i) A head of household and:

(A) All persons related to the head of household as a spouse, parent, child, grandparent, grandchild, brother, sister, uncle, aunt, nephew, niece, great-grandparent or great-grandchild by blood, marriage, adoption, guardianship, or any other duly authorized custodial relationship; and

(B) Not more than two (2) additional related or unrelated persons, including, but not limited to, personal care or personal service providers; or

(ii) Three (3) related or unrelated individuals and any children of either individual, if any.

(c) In applying this definition the existence of more than one (1) kitchen in a dwelling unit shall create a presumption that two (2) housekeeping units exist in the dwelling.

(d) Family” does not include:

(i) Baching singles, as defined in this Section, even if related as set forth in Subsection (b)(i)(A) of this definition;

(ii) Any society, club, fraternity, sorority, association, lodge, combine, federation, coterie, or like organization;

(iii) Any number of individuals whose association is temporary or seasonal in nature; or

(iv) Any number of individuals who are in a group living arrangement as a result of criminal offenses.

“Family day care” means child care within a home that provides care for not more than six (6) children.

“Family group day care” means child care within a home which provides care for at least seven (7) but less than thirteen (13) children.

“Farmers markets” means an establishment for the sale of fresh produce and related food items on a seasonal basis from the period of June through October. A farmers market is for the purpose of providing space for two (2) or more vendors.

“Fence” means:

(a) A structure used as a boundary, screen, separation, means of privacy, protection or confinement that is constructed of posts, rails, and a barrier consisting of lumber, vinyl, wire mesh, masonry or similar fencing materials; or

(b) A hedge or other continuous growth of vegetation.

“Floor area” means the sum of all areas of several floors of the building, including basements, mezzanine, and intermediate-floored tiers and penthouses of head room height, measured from the exterior faces of exterior walls or from the centerline of common walls separating buildings. The floor area, however, shall not include areas used for parking of vehicles and areas devoted exclusively to the housing of mechanical equipment for heating, ventilating, and other service uses to the building.

“Frontage” means all of that property abutting on one (1) side of a street and lying between the two (2) nearest intersecting or intercepting streets, or between a street and a waterway, end of a dead end street, or political subdivision boundary, measured along street line. An intercepting street shall determine only the length of frontage along the side of the street which it intercepts.

“Garage-private” means an accessory building or an accessory portion of the main building designed and/or used only for the shelter or storage of vehicles owned or operated by the occupants of the main building, and in which no occupation or business for profit is conducted, and which, if constructed as required covered parking, is architecturally compatible with the main structure.

“Garage-public” means any premises, except those described as private garage, used for the storage or care of self-propelled vehicles, or where any such vehicles are equipped for operation repairs, or kept for remuneration hire or sale.

“Garage-yard sale” means a sale of personal belongings in a residential zone, which sale is conducted by a bona fide resident of the premises. (See also Section 14.35.025, Provo City Code, Temporary Use Exemptions.)

“General plan” means a document that Provo City adopts that sets forth general guidelines for proposed future development or the land within the municipality, as set forth in Sections 10-9-301, 10-9-302, 17-27-301 and 17-27-302, Utah Code, as amended. “General plan” includes what is also commonly referred to as a “master plan.”

“Grade-finish” (Adjacent Ground Elevation) means the lowest point of elevation of the finished surface of the ground, within the area between the building and a line five (5) feet from building.

“Grade-natural” means the elevation of the surface of the ground which has been created through the action of natural forces and has not resulted from man-made cuts, fills, excavation, grading, or similar earth moving processes. The topographic maps of Provo City shall be the primary, though not exclusive, reference for determination of natural grade. Natural grade shall be determined in every instance where necessary by the City Engineer of Provo City.

“Guest” means any person or persons staying, for a time period not to exceed thirty (30) days, within a dwelling unit without payment or compensation or remuneration to the owners, tenants, or full-time inhabitants of said dwelling unit.

“Habitable” means rooms designed and used for living, sleeping, eating, recreational activities, selling merchandise, conducting office and other business activities and does not include space used for parking, bathrooms, closets, storage rooms, laundry and utility spaces and similar areas not considered habitable by the International Building Code.

“Head of household” means one (1) individual who occupies a dwelling unit and who:

(a) Has a parent/child relationship, grandparent/child relationship or a legal marriage relationship with another individual occupying the same dwelling unit; and/or

(b) Is an owner occupant.

“Historic building” means any building which has been designated on the Provo City Landmarks Register by action of the Provo City Landmarks Commission and the Municipal Council.

“Home occupation” means the use of a portion of a dwelling as an office, studio, or work room for occupations which are customarily conducted in the home, and which are incidental to the primary use as a home or residence, and provided further that all conditions of Chapter 14.41, Provo City Code, are satisfied.

“Hotel” means a building designed or used as the temporary abiding place of individuals who are lodged, with or without meals, for compensation and in which there are more than ten (10) sleeping rooms usually occupied singly, and in which no provision is made for cooking in any guest room.

“HUD Code” means the Federal Manufactured Housing Construction & Safety Standards Act, as amended.

“Junk yard or automobile wrecking yard” means any lot, land, or area used for the storage, keeping, dismantling, or abandonment of junk, automobiles, household furniture and appliances, machinery, scrap material, or parts thereof. Any more than one (1) such item on the one (1) property shall constitute a junk yard or automobile wrecking yard.

“Kennel” means a place where three (3) or more dogs of four (4) months of age or older are raised, kept, housed, boarded or are engaged in commercial business of breeding.

“Kitchen” means any room or space used or intended or designed to be used for cooking or for the preparation and/or serving of food, including such areas as wet bars and snack bars, notwithstanding whether such room or space is located within a primary dwelling structure or a structure accessory to the dwelling and finished as an addition to the living, working, or recreational space within the dwelling as may be permitted under the provisions of this Title. Facilities that establish the use of a room or space as a kitchen include refrigerators, stoves, other cooking appliances, built-in cabinets, sinks, garbage disposal units, 220 voltage and/or natural gas supply lines, in any combination intended to permit any room or space to be used as a kitchen.

“Land use ordinance” means this Title or Title 15, Provo City Code, or a predecessor ordinance governing planning, zoning, development, or subdivision of land, but does not include the General Plan.

“Licensed residential facility for persons with a disability” means a dwelling unit licensed by the State of Utah for the housing of four (4) or more persons with a disability.

“Liquor store” means a facility for the sale of package liquor which is located on premises owned or leased by the State of Utah and is operated by Utah State employees. (This definition shall not be construed to include package agencies accessory to another main use, or to restaurants with mini-bottle licenses.)

“Lot” means any of the following:

(a) A parcel of real property shown as a delineated parcel of land with a number and designation on the final plat of a subdivision recorded in the office of the County Recorder of Utah County; or

(b) A parcel of land, the dimensions or boundaries of which are defined by a record of survey map recorded in the office of the County Recorder of Utah County in accordance with the law regulating the division of said land; or

(c) A parcel of real property not delineated as in 1 or 2 above and containing not less than the prescribed minimum area required in the zone in which it is located and which abuts at least one (1) public street and is held under one (1) ownership.

“Lot area” means the total area measured on a horizontal plane included within the lot lines of the lot or parcel of land.

“Lot-corner” means a lot situated at the intersection of two (2) or more streets, which street shall have angle of intersection of not more than one hundred thirty-five (135) degrees.

“Lot coverage” means the total horizontal area of a lot, parcel, or building site covered by any building or occupied structure which extends above the surface of the ground level and including any covered automobile parking spaces. Covered patios, covered walkways, and covered recreation areas shall not be considered as lot coverage provided that said areas are not more than fifty percent (50%) enclosed.

“Lot depth” means the horizontal length of a straight line connecting the bisecting points of the front and the rear lot lines.

“Lot-flag or flag lot” means an interior lot which does not meet minimum street frontage requirements and which has as part of the lot an access strip (the “flag pole”) at least twenty (20) feet wide abutting a public street and connecting the main body of the lot (the “flag”) to the street.

“Lot-interior” or “Interior lot” means a lot other than a corner lot.

“Lot-irregular” means a lot which is not rectangular in shape.

“Lot line-front” means, except where otherwise specifically noted within this Title:

(a) for interior lots: the property line adjacent to the street;

(b) for corner lots developed as:

(i) single-family detached lots: the property line along the street frontage on the same side of the dwelling as the front door.

(ii) other than single-family detached lots: the property line bordering the street frontage with the smallest dimension.

“Lot line-rear” or “Rear lot line” means the recorded lot line most distant from and generally opposite the front lot line. For regular lots, the term “generally opposite” means the lot line which is parallel to the front lot line. For irregular lots, the term “generally opposite” means a lot line which (i) does not adjoin the front lot line, (ii) is located to the rear of the lot, and (iii) is more or less parallel to any portion of the front lot line, except that in the case of an interior triangular or pie-shaped lot, it shall mean a straight line ten (10) feet in length which is:

(a) parallel to the front lot line or its chord, and

(b) intersects the two (2) other lot lines at points most distant from the front lot line. Each lot shall be deemed to have one (1) rear lot line.

“Lot line-side” or “Side lot line” means any lot boundary line which is not a front lot line or a rear lot line.

“Lot-regular” means a lot which is rectangular in shape.

“Lot-through” or “Through lot” or “Double frontage lot” means a lot having a frontage on two parallel or approximately parallel streets. Said lots for purpose of this Title shall have two (2) street frontages and two (2) front yards.

“Lot width” means the distance across a lot or parcel of property measured at the interior edge of the required front yard along a line parallel to the front lot line, or parallel to a straight line connecting the ends of an arc which constitutes the front lot line.

“Manufactured home” means a factory-built one-family dwelling that is manufactured or constructed under the authority of 42 United States Code Sec. 5401, and which is built on a permanent chassis and designed to be used as a dwelling with or without a permanent foundation when connected to the required utilities, and includes the plumbing, heating, air conditioning, and electrical systems contained therein. They bear a seal from the U.S. Department of Housing and Urban Development (HUD) certifying code compliance. When built in compliance with the standards for One-family Dwellings established in 14.34.310, a manufactured home shall, for purposes of use restrictions, be considered a one-family dwelling.

“Markets” means a retail store. For convenience of this Title, a neighborhood market or convenience market shall be defined as a market with less than eighteen thousand (18,000) square feet of gross floor area. The term “supermarket” will be defined as a market with a gross floor area of eighteen thousand (18,000) square feet or more.

“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 HUD Code.

“Modular home” means factory-built housing constructed in sections and assembled onto a permanent foundation at a building site which is certified as meeting the applicable building codes.

“Noncomplying structure” means a structure that:

(a) legally existed before its current land use (zoning) designation; and

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

“Nonconforming lot” means a lot that:

(a) legally existed before its current land use (zoning) designation;

(b) has been shown continuously on the records of the Utah County Recorder as an independently existing piece of property; and

(c) because of one (1) or more subsequent land use ordinance changes does not conform with the minimum size, width, frontage, depth or other applicable dimensional requirements of the zone where the lot is located.

“Nonconforming sign” means a sign or sign structure that:

(a) legally existed before its current land use (zoning) designation; and

(b) because of subsequent land use ordinance changes does not conform to the regulations that now govern use of the sign.

“Nonconforming use” means a use of land that:

(a) legally existed before its current land use (zoning) designation;

(b) has been maintained continuously since the time the land use ordinance governing the land changed; and

(c) because of one (1) or more subsequent land use ordinance changes does not conform to the regulations that now govern the use of the land.

“Other nonconformity” means a circumstance governed by a land use ordinance other than a nonconforming use or lot, or a noncomplying structure, or use that:

(a) legally existed before the current land use (zoning) designation of the lot where the nonconformity is located; and

(b) because of subsequent zoning land use ordinance changes does not conform with the regulations that now govern the use of the land.

“Nursery-day child-care center, preschool” means any premises used for the care of six (6) or more children under the age of six (6) years who are not related within the second degree to the operator of said premises.

“Offices” means a building, room, or department wherein a business or service for others is transacted, but not including the storage or sale of merchandise on the premises.

“Openings” means windows and doors on any building facade.

“Owner occupant” means, except as set forth in Subsection (c) of this definition:

(a) an individual who:

(i) possesses, as shown by a recorded deed, fifty (50) percent or more ownership in a dwelling unit; and

(ii) occupies the dwelling unit with a bonafide intent to make it his or her primary residence; or

(b) an individual who:

(i) is a trustor of a family trust which:

(A) possesses fee title ownership to a dwelling unit;

(B) was created for estate planning purposes by one (1) or more trustors of the trust; and

(ii) occupies the dwelling unit owned by the family trust with a bonafide intent to make it his or her primary residence. Each living trustor of the trust shall so occupy the dwelling unit except for a trustor who temporarily resides elsewhere due to a disability or infirmity. In such event, the dwelling unit shall nevertheless be the domicile of the trustor during the trustor’s temporary absence.

(c) A person who meets the requirements of Subsections (a) and (b) of this definition shall not be deemed an owner occupant if the property on which the dwelling unit is located has more than one (1) owner and all owners of the property do not occupy the dwelling unit with a bona fide intent to make the dwelling unit their primary residence.

(i) A claim that a person is not an owner occupant may be rebutted only by documentation, submitted to the Community Development Department, showing that the person who occupies the dwelling unit has a bona fide intent to make the dwelling unit one’s primary residence as indicated by the following documents which show such person:

(A) is listed as a primary borrower on documents for any loan presently applicable to the property where the dwelling unit is located;

(B) has claimed all income, deductions, and depreciation from the property on one’s tax returns for the previous year;

(C) is the owner listed on all rental documents and agreements with tenants who occupy the dwelling unit, including any accessory apartment;

(D) is the owner listed on all insurance, utility, appraisal, or other contractual documents related to the property; and

(E) is a full-time resident of Utah for Utah State income tax purposes.

(ii) Any person who claims to be an owner of the dwelling unit, but who does not occupy it, shall provide documentation to the Community and Neighborhood Services Department which shows such person:

(A) has not claimed any income, tax deduction, or depreciation for the property on the person’s tax returns for the previous year;

(B) is not listed as an owner on any rental document or agreement with any tenant who occupies the dwelling unit, including any accessory apartment; and

(C) is not listed as an owner on any insurance, utility, appraisal, or an agreement related to the property.

(iii) Any person, or group of persons, who fails, upon request of the Community and Neighborhood Services Department, to provide any of the documents set forth in Subsections (c)(i) or (c)(ii) of this definition or who provides a document showing that ownership of a dwelling unit is shared among persons who do not all occupy the dwelling unit shall mean for the purpose of this Title that such person or persons shall not be deemed an “owner occupant” of the dwelling unit in question.

(d) The provisions of Subsection (c) of this definition shall apply to any person who began a period of owner occupancy after March 1, 2009, regardless of when the person purchased the property where such person resides.

“Parcel” See definition of “Lot.”

“Parking area” or “Parking lot” means an open area, other than a street or alley, used for the parking of more than four (4) automobiles whether free, for compensation, or as an accommodation. Required parking spaces shall not be provided within a required front yard or side yard adjacent to the street or a corner lot.

“Parking space” means a permanently surfaced area measuring not less than eight and one-half (8 1/2) by eighteen (18) feet, as provided for in Section 14.37.100, Provo City Code.

“Patio” means a relatively flat outdoor living or recreational area that is no more than thirty (30) inches above grade level and may be either detached or attached to another building or structure on the property.

“Patio roof/covered patio” means a one (1) story roof structure extending over a patio that is open on at least three (3) sides.

“Person” means an individual, an association, a firm, a copartnership, a corporation, or any similar legal entity.

“Person with a disability” means a person who has a physical or mental impairment that substantially limits one (1) or more of a person’s major life activities, including a person having a record of such an impairment, or being regarded as having such an impairment. This definition shall not include any person who has an impairment due to the current illegal use of, or addiction to, any federally controlled substance, as defined by federal law.

“Personal care provider” means a person who resides in the same dwelling unit as a family and who, with or without payment, provides daily physical, medical, or other assistance to another person on an on-going basis.

“Personal service provider” means a person who resides in the same dwelling unit as a family and who provides personal services such as a butler, maid, gardener, caretaker, and the like.

“Planning Commission” means the Planning Commission of Provo City as duly appointed under the provisions of State Law.

“Primary entrance” means any door or other means of ingress/egress designed to facilitate access into habitable areas of the building.

“Primary residence” means:

(a) the place where a person resides and which has the same address as the address shown on the person’s:

(i) current driver license,

(ii) current vehicle registration,

(iii) voter registration card, if any,

(iv) last filed state tax return, and

(v) last filed federal tax return.

(b) If the addresses shown on the above-referenced documents are not all the same, then the person whose name appears on such documents shall be deemed to have no primary residence.

“Primary street” means University Avenue, Center Street, 100 West, 500 West, 300 South and 600 South.

Principal building. See definition of “Building-main.”

“Public” means that which is under the ownership of the United States Government, Utah State, or any subdivision thereof, Utah County, or Provo City (or any departments or agencies thereof).

“Residential facility for elderly persons” means a one-family or multiple-family dwelling unit that meets the following requirements:

(a) A residential facility for elderly persons may not operate as a business.

(b) A residential facility for elderly persons shall:

(i) be owned by one of the residents or by an immediate family member of one (1) of the residents or be a facility for which the title has been placed in trust for a resident:

(ii) be consistent with existing zoning of the desired location; and

(iii) be occupied on a twenty four (24) hour-per-day basis by eight (8) or fewer elderly persons in a family-type arrangement.

(c) A residential facility for elderly persons may not be considered a business because a fee is charged for food or for actual and necessary costs of operation and maintenance of the facility.

(d) A residential facility does not include a health care facility as defined by Section 26-21-2 of the Utah Code, as amended, and any other ordinance adopted under authority of the Utah Code.

“Residential facility for persons with a disability” means a residence:

(a) in which more than one (1) person with a disability resides; and

(b) which is:

(i) licensed or certified by the Department of Human Services under Title 62A, Chapter 2, Licensure of Programs and Facilities; or

(ii) licensed or certified by the Department of Human Services under Title 26, Chapter 21, Health Care Facility Licensing and Inspection Act.

“Residential health care facility” means a facility providing assistance with activities of daily living and social care to two (2) or more residents who require protected living arrangements. This type of use includes Residential Health Care Facilities and Residential Care (Type N, up to three patients) facilities as defined and classified by Utah State regulations.

Road. See definition of “Street.”

“Secondary street” means any other street not defined as a primary street.

“Service organization, low impact” means a non-profit, public or private business, professional and/or service organization that operates in a consistent manner with other office or business uses in regards to hours of operation, number of clients and services provided. Examples of low impact service organizations may include but are not limited to the following: legal services, Red Cross, Children’s Justice Center, outpatient substance abuse, Cancer Society, etc.

“Services organization, moderate impact” means a non-profit, public or private business, or service organization that provides a wide spectrum of services to a larger number of people. Moderate Impact uses will be determined by the scoring criteria as set forth in Section 14.34.390, Provo City Code. Examples of moderate impact service organizations may include but are not limited to the following: Community Action Agency, mental health agencies, battered women’s shelter, etc.

“Service organization, high impact” means a non-profit, private and public, business, and service organization that provides services such as temporary or permanent supervised housing, meals, etc. High Impact uses will be determined by the scoring criteria as outlined in Section 14.34.390, Provo City Code. Examples of high impact service organizations may include, but are not limited to, in-patient substance abuse, congregate shelters, soup kitchens, etc.

“Sheltered workshop” means an on-site supervised educational or vocational training facility that does not provide housing. Examples of sheltered workshops could include Central Utah Enterprises or Deseret Industries.

“Sidewalk cafe” means an outdoor dining area located on a public sidewalk adjacent to a street-level eating or drinking establishment where patrons may consume food and/or beverages provided by an abutting food service establishment, either on a table service or take-out basis, and which may or may not be defined by a removable physical barrier around the dining area.

“Sign” means any words, lettering, parts of letters, figures, numerals, phrases, sentences, devices, designs, picture, trade names, or trademarks by which anything is made known, such as are used to designate a firm, an association, a corporation, a profession, a business, a service, or commodity, or product, or any type of publicity or propaganda, whether placed on the ground, rocks, trees, stumps, or other natural objects, or on a building, wall, roof, frame, support, fence, or other manmade structure, which are visible from any public street, public highway, or public road right-of-way. For purpose of this Code, the word “sign” does not include the flag, pennant, or insignia of any nation, state, city, or other political unit, or of a nonprofit organization. It shall not include, further, an official notice issued by any court or public body or officer or directional warning or information sign or structure required or authorized by law.

“Special district” means all entities established under the authority or Utah Code Annotated, Title 17A, as amended, and any other governmental or quasi-governmental entity that is not a county, municipality, school district, or unit of the state.

“Story” means a portion of a building, other than basement, included between the surface of any floor, and surface of the floor next above it, or if there is no space above it, then the space between the floor and the ceiling above the floor of such story.

“Street” means a thoroughfare which has been dedicated to the public and accepted by proper public authority, or a thoroughfare not less than twenty (20) feet wide, which has become a public thoroughfare by right of use and which affords the principal means of access to abutting property; provided that easements, walkways, and alleys shall not be considered as “Streets” for the purpose of this Title. Streets include: public rights-of-way, including highways, avenues, boulevards, parkways, roads, lanes, walks, alleys, viaducts, subways, tunnels, bridges, public easements, and other ways. See also Chapter 15.03, Provo City Code.

“Street frontage” means the full width of a lot or parcel line abutting to a street right-of-way.

“Structure” means anything constructed or erected which is either located on the ground or attached to something having a location on the ground.

“Structure-subgrade” means any structure which:

(a) Is located primarily below natural grade;

(b) Does not extend more than two and one-half (2 1/2) feet, at any point, above natural grade;

(c) Is completely covered with a minimum of six (6) inches of soil capable of supporting vegetation on its horizontal surface where required by the landscaping provisions of the respective zone in which it is located;

(d) Is decoratively finished on any vertical surface not completely covered with soil; and

(e) Within a required front or street side yard, is located entirely beneath a finish grade which:

(i) Does not exceed a twenty-five percent (25%) slope, and

(ii) Does not extend more than two and one-half (2 1/2) feet above natural grade at any point, and

(iii) Is the same as the natural grade along any property line. Subgrade structures are not subject to lot coverage or setback provisions of this Title provided they have sufficient soil coverage, as defined herein, and fully meet the landscaping requirements set forth in the provisions of any respective zoning district.

“Structural alterations” means any change in the supporting member of a building such as bearing walls, columns, beams or girders, and floor joists or roof joists.

Studio dwelling unit. See “Efficiency dwelling unit.”

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

(a) The division or development of land whether by deed, metes and bounds description, devise and testacy, lease, map, plat, or other recorded instrument; and

(b) Divisions of land for all residential and nonresidential uses, including no land used or to be used for commercial, agricultural, and industrial purposes. “Subdivision” does not include a bona fide division or partition of agricultural land for agricultural purposes or of commercial, manufacturing, or industrial land for commercial, manufacturing, or industrial purposes.

“Travel trailers” and “recreational vehicles” means a motorized or non-motorized vehicle which is designed or used for temporary human habitation and for travel or recreational purposes, which does not at any time exceed eight (8) feet in width and forty (40) feet in length and which may be moved upon a public highway without a special permit or chauffeur’s license, or both, without violating provisions of the Vehicle Code.

Twin home. See “Dwelling-one family semi-detached.”

“Use” means the purpose for which premises or a building therein is designed, arranged, or intended, or for which it is or may be occupied or maintained.

Use-accessory. See “Accessory use.”

“Veterinary hospital” means an establishment for the care and treatment of animals including household pets, livestock, and commercial poultry, all facilities to be within a completely enclosed building, except for exercising runs and the parking of automobiles.

“Yard” means a space on a lot or parcel, unoccupied and unobstructed by a building or structure from the finish grade upwards except as otherwise provided in this Title.

“Yard-front” or “front yard” means an open, unoccupied landscaped yard extending across the full width of a lot or parcel, having at no point a depth of less than the minimum required horizontal distance between the front lot line, or its tangent, and the closest permissible location of the main building. Said distance shall be measured by a line at right angles to the front lot line, or its tangent.

“Yard-rear” or “rear yard” means a yard extending across the full width of a lot, having at no point a depth of less than the minimum required horizontal distance between the rear lot line, or its tangent, and the closest permissible location of the main building. Said distance shall be measured by a line at right angles to the rear lot line, or its tangent. Such yard shall include all land area between the rear lot line and the closest permissible location of the main building. Each lot shall be deemed to have one (1) rear yard.

“Yard-side” or “side yard” means a yard between the main building and the side lot line extending from the required front yard, or the front lot line where no front yard is required, to the required rear yard, or the rear lot line where no rear yard is required; the width of which side yard shall be measured horizontally from, and at right angles to, the nearest point on the side lot line towards the closest permissible location of the main building.

“Zone” means a portion of the incorporated territory of Provo City exclusive of streets, alleys, and other public ways, which has been given a zone designation which provides for certain uses of the land premises and buildings and within which certain yards and open spaces are required and certain height and other limitations are established for buildings; all as set forth and specified in this Title.

(Rep&ReEn 1985-65, Am 1987-04, Am 1987-19, Am 1987-45, Am 1987-53, Am 1987-59, Am 1990-01, Am 1990-38, Am 1990-47, Am 1990-57, Am 1991-46, Am 1991-56, Am 1992-29, Am 1992-43, Am 1992-79, Am 1993-02, Am 1995-79, Am 1995-99, Am 1996-65, Am 1996-69, Am 1998-06, Am 1998-07, Am 1998-25, Am 1998-50, Am 1998-55, Am 1998-60, Am 1998-64, Am 1998-65, Am 1999-04, Am 1999-14, Am 1999-16, Am 1999-25, Am 1999-36, Am 2001-33, Am 2002-05, Am 2002-23, Am 2003-08, Am 2003-20, Am 2003-28, Am 2003-37, Am 2004-44, Am 2009-16, Am 2009-33, Am 2009-46, Am 2010-31, Am 2011-08, Am 2013-33, Am 2013-49, Am 2014-10, Am 2016-02, Am 2017-34, Am 2018-03, Am 2018-18, Am 2019-45, Am 2019-49, Am 2020-57, Am 2021-05, Am 2021-33)