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Abandoned Mobile Home/Campers/Trailers. Means a mobile home, camper or trailer that has been rendered useless from the condition of which it was manufactured.
Abstain. Means the practice of exercising discretion to relinquish the right to vote when necessary to avoid needless conflict (see conflict of interest).
Accessory Building. Means a detached building which is incidental, subordinate and exclusively devoted to a main building or use, located on the same lot.
Accessory Dwelling Unit (ADU). Means a habitable living unit that may be added to, created within, or detached from a primary single-family dwelling and contained on one lot.
Accessory Dwelling Unit, Internal. Means an accessory dwelling unit created within a primary dwelling, within the footprint of the primary dwelling for the purpose of offering a long-term rental of 30 consecutive days or longer.
Accessory Structure. Means a subordinate structure detached from but located on the same lot as the principal structure, the use of which is incidental and accessory to that of the principal structure.
Administrative Agency. Means the Fairfield Planning Commission, which consists of the appointed Planning Commissioners.
Administrative Officer. Means the Planning and Zoning Chairman or any of his/hers duly appointed designees.
Ad Valorem Tax. Means a tax based on the assessed value of an item, such as real estate or personal property. The most common ad valorem taxes are property taxes levied on real estate. However, ad valorem taxes may also extend to a number of tax applications, such as import duty taxes on goods from abroad. (also known as “property tax”.
Agriculture. Means an area which is used for the commercial production, keeping, or maintenance for sale of plants and domestic animals typically found in Utah County, or lands devoted to a soil conservation management program, but excluding the keeping of prohibited animals, Commercial Plant Nursery, as defined herein, Concentrated Animal Feeding Operation, as defined by the U.C.A., 1953, as amended, and subject to the Utah Pollutant Discharge Elimination System (UPDES), or similar activities.
Agricultural Building. Means any structure used for agriculture.
Agricultural Business. Means an enterprise involving agricultural products as opposed to agricultural production, including, but not limited to, greenhouses for wholesale or retail sales but does not include the processing or packing plants.
Alcoholic Beverage Package Agency. Means a liquor location operated under contractual agreement with the Department of Alcoholic Beverage Control, by a person other than the State, who is authorized by the Utah Alcoholic Beverage Control Commission to sell package liquor for consumption off the premises of the agency.
Alcoholic Beverage State Liquor Store. Means a facility for the sale of packaged liquor on premises owned or leased by the State of Utah and operated by State employees. This term does not apply to restaurants, private clubs, or package agencies.
Anchor Location. Means the Fairfield Town Office in Fairfield Utah or such other location designated in the agenda for the meeting.
Ancillary Use. Means a use that:
1. is clearly incidental to and found in connection with a principal or main use;
2. is subordinate to and serves a principal or main use;
3. is subordinate or less than in extent, area, or purpose to the principal or main use;
4. is located on the same lot as the principal or main use; and
5. contributes to the comfort, convenience, or necessity of occupants, business, or industry of the principal or main use; and
6. Home Occupations are deemed an ancillary use.
Animal Hospital (large), Large Veterinary Office. Means an establishment at which all types of farm animals (large, medium, or small) or household pets may be treated or boarded.
Animal Hospital (small), Small Veterinary Office. Means an establishment at which small farm animals only or household pets are treated or boarded within a completely enclosed building, and large animals such as horses are not treated or boarded.
Apiary. Means a place in which a colony or colonies of bees are kept, such as a stand or shed for beehives or a bee house containing a number of beehives.
Appeal Authority. Means the Authority designated by code or ordinance to decide an appeal of a decision of a land use application or a variance.
Applicant. Means the owner of land proposed to be developed, or the owner’s duly authorized agent if that agent has written authorization from the owner, who submits a complete application for consideration by the Town; and includes an individual or entity who is under contract to purchase land proposed to be developed so long as the individual or entity closes on the project before any land use application is brought before the Planning Commission for consideration at a public meeting or hearing.
Application, Telecommunications. Means the process by which a provider submits a request and indicates a desire to be granted a franchise to utilize the rights-of-way of all, or a part, of the Town. An application includes all written documentation, verbal statements and representations, in whatever form or forum, made by a provider to the Town concerning: the construction of a telecommunications system over, under, on or through the rights-of-way; the telecommunications services proposed to be provided by the Town by a provider; and any other matter pertaining to a proposed system or service.
Approved Topsoil. Means soil that does not exceed 41 ppm (total) arsenic representatively sampled and analyzed in accordance with the Resource Conservation and Recovery Act.
Area of Special Flood Hazard. Means the land in the Town of Fairfield area subject to a one percent (1%) chance of flooding in any given year.
Arts and Crafts Sales. Means an establishment that produces articles for sale of artistic quality or effect or handmade workmanship; and includes candle making, glass blowing, weaving, pottery making, woodworking, sculpting, painting, and their associated activities.
Automotive Refueling Station. Means a retail building or premise used primarily for the sale of gasoline, diesel, natural gas, or electricity to customers for the purposes of refueling customers’ vehicles. Such premises may also include the sale of food, drinks, or household products..
Automotive Rental and Leasing Agency. Means rental of passenger vehicles, light trucks, and vans, including incidental parking and servicing of vehicles for rent or lease.
Automotive Repair, Major. Means an establishment, not meeting the definition of Automobile Repair, Minor, primarily engaged in the major repair or maintenance of motor vehicles, trailers, and similar large mechanical equipment, including paint, body and fender, major engine and engine part overhaul, and tire repair and sales, provided it is conducted within a completely enclosed building.
Automobile Repair Minor. Means an establishment that is primarily engaged in the minor repair or minor maintenance of motor vehicles, trailers, and similar mechanical equipment, including brake, muffler, tire repair and change, lubrication, oil changes, tune-ups, safety inspections and emissions testing, and detailing, is conducted entirely within a completely enclosed building, and does not include paint work, body and fender work, or major engine and engine part overhaul. “Minor repair” or “minor maintenance” is defined as a routine service that requires no more than 8 total hours of service.
Automobile Sales. Means the premises on which new or used passenger automobiles, non-motorized trailers, or trucks in operating condition are displayed in the open for sale or trade.
Bakery, Commercial. Means a place for preparing, cooking, baking, and selling of products intended for off-premise distribution only.
Bakery, Retail. Means an establishment primarily engaged in the retail sale of baked products for human consumption. It may include bakery products prepared either on or off site, be an incidental food service or be considered a general retail use.
Base Flood. Means the flood having a one percent (1%) chance of being equaled or exceeded in any given year.
Basement House. Means a one-story dwelling of which fifty percent (50%) or more of the floor area is below the finished grade.
Bed and Breakfast. Means a transient lodging establishment, generally in a single family dwelling or detached guesthouses, primarily engaged in providing overnight or otherwise temporary lodging for the general public and may provide meals for compensation. (Also called a
Bid. Means a formal quotation based on common specifications, for the provision of goods or services. Opened at a public meeting for consideration and award.
Billboard. Means a sign which meets any one or more of the following criteria:
1. A permanent structure sign which is used for the display of off-site commercial messages;
2. A permanent structure sign which constitutes a principal, separate or secondary use, as opposed to an accessory use, of the parcel on which it is located;
3. An outdoor sign used as advertising for hire, e.g., on which display space is made available to parties, other than the owner or operator of the sign or occupant of the parcel (not including those who rent space from the sign owner, when such space is on the same parcel as the sign), iin exchange for a rent, fee or other consideration; or
4. An off-site outdoor advertising sign on which space is leased or rented.
Block. Means the land surrounded by streets and other rights-of-way, other than alleys; or land which is designated or shown as a block on any recorded subdivision plat or official map or plat adopted by the Town.
Bond. Means a document that complies with the standards contained in this Title and the Utah Code and binds the parties thereto to take certain action if particular conditions are not met. The terms “Performance Bond” and “Warranty Bond” are more specifically defined in this section.
Bond Agreement. Means an agreement between the developer and the Town, on forms approved by the Town, wherever a performance bond or warranty bond is required by this Title to install improvements secured by an escrow agreement with funds on deposit in a reputable, federally-insured financial institution, a cash bond deposited with the Town, or a letter of credit from a reputable, federally-insured financial institution in an amount as specified in this Title.
Bookstore. Means a retail establishment whose primary purpose is the sale of books and periodicals.
Buildable. Means that portion of a building lot not included within any required yard or open space upon which a main building may be located; an area that must be defined on subdivision plats in areas of thirty percent slope or less.
Buildable Area. Means an area of a lot or parcel which is outside of any required setback areas and outside of any other areas regulated by this Code.
Building. Means a structure having a roof supported by columns or walls, intended or used for the shelter, housing, or enclosure of any person, animal, chattel, or property of any kind that has a foundation.
Building Code. Means the codes adopted by the Town by ordinance/code.
Building Height or Structure Height. Means the vertical distance from the natural grade surface to the highest point of the building or structure.
Building Inspector. Means an individual appointed by the Town of Fairfield to enforce the provisions of the building code.
Building Lot. Means a parcel of land which is of such dimensions as to comply with the minimum requirements of this Title for area, width, and depth applicable to the zone in which it is located; and having frontage on a public or approved private street which shall be extended the full required frontage of the lot and improvements installed as required by the Town. No building lot shall utilize any part of the temporary end or dead end of a street for frontage.
Building Material Sales (with outdoor storage). Means a facility where building materials such as lumber, plywood, drywall, paneling, cement blocks and other cement products, and other building products are stored and sold.
Building Official or Town Building Official. Means the appointed official or consultant who is responsible for the building and development functions of the Town as described in the Code and other policies of the Town.
Building, Public. Means a building owned and operated or owned and intended to be operated by a public agency of the United States of America, or the State of Utah or any of its subdivisions including counties and municipalities, in connection with a public use. It does not include buildings primarily used as warehouses, public garages, and equipment sheds.
Business. Means any corporation, partnership, individual, sole proprietorship, joint stock company, joint venture, or any other private legal entity.
Business, Trade, Profession or Calling. Means any enterprise carried on for the purpose of gain or economic profit, except the acts of employees rendering services for employers.
Business Use. Means any property used for the purpose of conducting business. This would include the square footage of outbuildings including storage and yard space.
Bus Lot. Means any lot or land area used for the storage or layover of passenger buses or motor coaches.
Camping. Means recreational or temporary activity which involves staying overnight in the open, in a tent,or in a trailer, camper, or other recreation vehicle.
Campground and/or Campsite Facility. Means a location where camping occurs which has one or more recreational vehicle pads, tent sites, or other campsites established on the premises. Also, a campground may include one or more of the following ancillary facilities: automobile parking spaces, driveways, tables, water faucets or fixtures, electrical lights or hookups, fire pits or fireplaces, play fields and outdoor recreational facilities, and restrooms or other sewage disposal facilities.
Carport. Means a roofed-over structure which is not completely enclosed by walls and which is designed and/or used for the storage of automobiles and trailers.
Car Wash (full service). Means a car wash with facilities for the washing or waxing of automobiles, light trucks, and vans, which may include drying equipment, vacuums, and other incidental uses. Full service car washes shall not include open self-service bays.
Car Wash (self service). Means a business establishment which provides car cleaning services where part or all of the cleaning is performed by the patron for a fee.
Catch Basin. MeansAn inlet designed to intercept and redirect surface waters.
Cemetery. Means the use or intended use of land for the burial of the dead and dedicated for cemetery purposes, including a columbarium, crematorium, mausoleum, and mortuary when operated in conjunction with and within the boundaries of such a cemetery.
Cemetery, Private. Means a burial place for deceased persons which is maintained by a private individual, corporation, or other non-public agency.
Cemetery, Public. Means a burial place for deceased persons which is owned and maintained by a cemetery district or other public agency.
Certificate of Occupancy. Means a document granting permission to occupy or use a building or land and certifying that the structure or use conforms to the requirements set forth in applicable code and ordinances.
Change Order. Means a written order signed by the purchasing agent, directing the contractor to suspend work or make changes, which the appropriate clauses of the contract authorize the purchasing agent to order without the consent of the contractor or any written alteration in specifications, delivery point, rate of delivery, period of performance, price, quantity or other provisions of any contract accompanied by mutual action of the parties to the contract.
Child Care Center. Means a non-residential building or structure where care, protection, and supervision are provided for children on a regular schedule,for a fee.
Church. Means a building, together with its accessory buildings and uses, where persons regularly assemble for worship and that is maintained and controlled by a religious body organized to sustain public worship.
Clear View Area. Means areas at intersecting streets and driveways where unobstructed vision is maintained, as required by this code.
Cluster Development. Means a design that locates buildings in specific areas of a site to allow the remaining land to be used, but not limited to, recreation, open space, and preservation of sensitive land areas.
Code. Means the Town of Fairfield Municipal Code, as adopted.
Codification code. Means any or all ordinances of a municipality which have been enacted that are compiled, consolidated, revised, indexed and arranged in a comprehensive manner.
Colony. Means bees in any hive including queens, workers, or drones.
Commercial and Industrial Laundries. Means an establishment which launders or dry cleans articles on site and where all articles are dropped off on the premises by multiple laundry services and not the individual customers.
Commercial Center. Means a development which contains at least twelve acres of commercial land and at least 100,000 square feet of commercial floor space.
Commercial Plant Nursery. Means a use wholly, or partially, contained within one or more greenhouses where trees, shrubs, flowers, or vegetable plants are grown and sold to retail or wholesale customers.
Commercial Recreation. Means any commercial enterprise which receives a fee in return for the provision of some recreational activity including racquet clubs, health facilities, and amusement parks, but not including amusement centers.
Commercial Vehicle. Means a motor vehicle, vehicle, trailer or semi trailer used or maintained for business, compensation or profit to transport passengers or property on a highway, if the commercial vehicle:
1. Has a manufacturer's gross vehicle weight rating or gross combination weight rating of ten thousand one (10,001) or more pounds;
2. Is designed to transport more than fifteen (15) passengers, including the driver; or
Is used in the transportation of hazardous materials and is required to be placarded in accordance with 49 CFR (Code of Federal Regulations) part 172, subpart F.
Common Area. Means an area designed to serve two (2) or more dwelling units in separate ownership or tenure.
Commuter/Light Rail Station. Means a place designated for commuter or light rail trains or cars to stop to allow for boarding of passengers including park-and-ride stations and transfer stations.
Computation of Time. Means the time within which an act is to be done; computed by excluding the first and including the last day, and if the last day falls on a Saturday, Sunday or legal holiday, that shall be excluded.
Comprehensive Plan. See “General Plan”.
Concept Plan. Means a sketch or concept application created prior to the preliminary plat for subdivisions or prior to a site plan for non residential development to enable the Town to verify that the developer is in general compliance with the Town’s ordinances and development regulations and policies.
Conditional Use. Means a land use that, because of its unique characteristics or potential impact on the municipality, surrounding neighbors, or adjacent land uses, may not be compatible in some areas or may be compatible only if certain conditions are required that mitigate or eliminate the detrimental impacts.
Conditional Use Permit. Means a permit issued byFairfield Town outlining the requirements of approval for a conditional use and including written conditions, as well as final, approved development plans, if applicable.
Condominium. Means the ownership of a single unit in a multi-family structure or a structure combined with an undivided interest in the common areas and facilities of the property and that meets all requirements of 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 Unit. Means a separate physical part of the condominium project property intended for any type of independent use, including one (1) or more rooms or spaces located in one (1) or more floors (or part or parts of floors) in a building or a time period unit, as the context may require.
Conflict of Interest. Means a term used in connection with a public official’s relationship to matters of private interest or personal gain and which prohibits participation in the discussion under decision.
Constitutional Taking. Means a governmental action that results in a taking of private property so that compensation to the owner of the property is required by the Fifth or Fourteenth Amendment of the Constitution of the United States or Utah Constitution Article I, Section 22.
Construction Equipment. Means any equipment or device designed and intended for use in construction, or material handling, including but not limited to: hammers, saws, drills, augers, air compressors, pile drivers, pneumatic or hydraulic tools, bulldozers, tractors, excavators, trenchers, cranes, derricks, loaders, scrapers, pavers, generators, off-highway haulers or trucks, ditchers, compactors , rollers, pumps, concrete mixers, graders, or other material handling equipment;
Continuous Sound. Means any sound that exists essentially without interruption for a period of 10 minutes or more.
Control or Controlling Interest. Means a shareholder, or a group acting in kind, that holds a majority of a company’s voting stock.
Construction Yard. Means any parcel of ground used for the storage of construction equipment or supplies.
Contract. Means any Town agreement for the procurement or disposal of supplies, services or construction.
Contract Construction Services Establishments. Means establishments or places of business primarily engaged in retail or wholesale sales, from the premises of; materials used in the construction of buildings or other structures.
Contract Services Office. Means an enclosed space containing the permanent business office for a landscape, plumbing, painting, construction, or similar contractor, and used for the housing and operating of company machinery, the provision of services, the storage of materials and equipment, and the maintenance of company equipment, but that does not include outdoor storage other than the parking of company and passenger vehicles. Equipment such as backhoes and front loaders are considered as equipment, not vehicles.
Convenience Store. Means a building or use which is primarily engaged in the provision of frequently needed, day to day retail goods including gasoline, food, and non-food products.
Convenience Store/Fast Food Combination”. Means a building that houses a convenience store and either a fast food (restaurant, casual) establishment or a restaurant (sit-down).
Copy Center. Means a retail establishment that provides duplicating services using photocopying, blueprint, and offset printing equipment and may include the collating and binding of booklets and reports.
Corner Lot. Means a lot that abuts two (2) intersecting streets, where the interior angle of intersection or interception does not exceed one hundred thirty-five (135) degrees.
Corral. Means a place or pen where livestock is held.
Correctional Institution. Means a government owned and operated institution for the Court ordered, twenty-four hour, involuntary, secure confinement of adults and juveniles in jails, prisons, detention centers, secure confinement centers, etc., for criminal conduct or conduct which would be a crime if committed by an adult.
Council. Means The Town Council of the Town of Fairfield.
Crematory/Embalming Facility. Means a building used for the cremation and/or embalming of deceased persons or animals but not including facilities for burial, internment, body viewing, or funeral services.
Critical Acceleration. Means the minimum amount of ground acceleration during seismically induced ground.
Critical Age of Repose. Means the maximum slope or angle at which material such as soil or loose rock remains stable.
Critical Facilities. Means communication, utility and transportation lines (including their appurtenant structures which are essential to make the system function, such as switching stations, transformers and monitoring gauge houses); emergency facilities such as fire stations, police stations, ambulance facilities, and hospitals; unique or large structures whose failure might be catastrophic, such as dams holding over ten (10) acre feet of water, petroleum refineries, and buildings where explosive, toxic or radioactive materials are manufactured, stored or handled; high occupancy buildings which are designed to accommodate fifty (50) or more people, such as schools, hotels and offices.
Cyclically Varying Noise. Means any sound that varies in sound level so that the same level is obtained repetitively at successive, relatively uniform levels over time. Example: Back-up beeper on heavy equipment.
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