Section 12.1.20 . B.

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.

Section 2.1.30. C.

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.

Section 12.1.40. D.

Dairy. Means a farming operation for the production of milk in commercial quantities and which is required to be regularly inspected by the State Department of Agriculture or its cooperating agencies; and includes the raising of the natural increase to the dairy herd but does not include the feeding and fattening of livestock for slaughter in conjunction therewith.

DeMinimis. Means lacking significance or importance: so minor as to merit disregard.

Debris Flow. Means a mass of rock fragments, soil, and mud which, when wet, moves in a flow-like fashion. Debris flows will follow a confined channel, but may alter course if present on an alluvial/debris fan surface.

Decibel (dB). Means a unit of measure used to express intensity of noise.

Density. Means the number of dwelling units or sleeping rooms per acre of land.

Depth. Means, when measuring an inside lot, the distance from the front lot line and rear lot line as measured from the center line; or when measuring a corner lot, means the horizontal distance between opposite boundaries of the lot when measured along the lot’s centerline.

Destination Oriented Development. Means a building or group(s) of buildings with facilities to accommodate the needs of residents, visitors, or tourists with large portions of the site devoted to recreational opportunities.

Detached. Means freestanding with open space on all four sides.

Developer. Means any person or organization that develops, or intends to develop or sell property for the purpose of future development subject to the provisions of this Code., or other Land Use Ordinances.

Development Activity. Means any of the following:

   1.   Any man-made change to improved or unimproved lands, including but not limited to buildings or structures, mining, dredging, filling, grading, paving, excavation or drilling operations;

   2.   Any construction, reconstruction, or expansion of a building, structure, or use;

   3.   Any change in the use of a building or structure;

   4.   Any change in the use of land that creates additional demand and need for public facilities or services;

   5.   The act of subdividing; or

   6.   The act, process or result of developing.

Development Agreement. Means a written agreement or amendment to a written agreement between a municipality and one or more parties that regulates or controls the use or development of a specific area of land.

Development Review Committee (DRC). Means an informal committee or group of Town staff or Town consultants whose responsibility is to review all development requests, process all development applications, and make recommendations with respect to development applications to the Planning Commission, Town Council, applicants, and Mayor. The DRC’s membership includes the Town Mayor, Town Engineer, Planning Department, Town Fire Chief, Town Building Official, Town Attorney, and any other person or agent that the Town Mayor deems appropriate to function as a member of the committee.

Development Site. Means the perimeters and total area of a tract, lot, or parcel of land intended to be used for a development activity.

Development Standards. Means established regulations concerning lot areas, yard setbacks, building height, lot coverage, open space and any other special regulations deemed necessary to accomplish the purpose of this Ordinance or other Land Use Ordinances.

Device. “Device” means a mechanism that is intended to produce, or that actually produces, noise when operated or handled.

Dog Kennels/Sanctuary. Means premises where four (4) or more dogs older than four (4) months are kept for commercial boarding, breeding or sale.

Double Access. Means driveway access on public streets from the front and the rear. This definition does not apply to corner lots.

Driveway, Shared. Means a private roadway that is owned and maintained by one or more than one property owner and provides direct vehicular access between a public or private roadway and a parking area, garage, or other structure to serve more than one dwelling or on more than one lot or parcel.

Driveway, Single. Means a private roadway that is owned and maintained by one property owner and provides direct vehicular access between a public or private roadway and a parking space, garage, dwelling, or other structure on a single lot or parcel.

Dry Cleaner. Means an establishment which launders or dry cleans articles dropped off on the premises directly by the customer; or where articles are dropped off, sorted, and picked up, but where laundering or cleaning is done elsewhere.

Dwelling. Means a structure designed for and occupied by one (1) family, including provisions for living, sleeping, eating, cooking, and sanitation. This definition does not include hotels, apartment hotels, boarding houses, rooming houses, and tourist courts.

Dwelling, Above Commercial. Means a building which contains dwellings located above the ground floor of a commercial, office, or retail use.

Dwelling, Caretakers. Means a dwelling which is occupied by an individual or family whose function it is to operate, manage, or protect a business, or industry.

Dwelling, Farm Caretaker. Means a manufactured home, one-family dwelling, or unit of a duplex or multiple-family dwelling having not more than 4 dwelling units, which is associated with a farm, and where the chief source of income comes from the farm unit.

Dwelling, Multi-Family. Means a building or buildings sharing common walls or common interior floors and containing three or more dwellings.

Dwelling, Primary. Means a single family dwelling that is detached and is occupied as the primary residence of the owner of record.

Dwelling, Single Family. Means a residential dwelling not attached to any other dwelling; on a single lot that is arranged for, designed for, and occupied by not more than one family (as defined herein); and containing at least one bathroom, at least one kitchen, and living and sleeping facilities.

Dwelling, Two-Family. Means a single residential building under a continuous roof, the structure containing only two dwellings sharing common interior walls or common interior floors.

Dynamic Braking Device. Means a device used primarily on trucks for the conversion of the engine from an internal combustion engine to an air compressor for the purposes of braking without the use of wheel brakes, commonly referred to as “Jacob’s Brake” or “Jake Brake.”