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Itis the intent of this section to more fully set forth the meaning of certain terms and phrases utilized within the zoning ordinance in order to facilitate understanding of said terms and phrases in the sense intended by the Fairfield Town Council.
For purposes of this Code, the following terms, phrases, words, and their derivatives shall have the meanings set forth in this section, unless the context clearly indicates that another meaning is intended. Words used in the present tense include the future tense, words in the single number include the plural number, words in the plural number include the singular. The words “shall” and “will” are mandatory, and “may” is permissive. Words not defined shall be given their common and ordinary meaning.
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.
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.”
Easement. Means that portion of a property reserved for present or future use under, on, or above the property by a person or agency other than the legal fee owner or owners of the property.
Edge Use. Means a use allowed on the outside boundary of a specific land use zone that also has frontage on the collector or arterial roadway.
Educational Center. Means an institution for the teaching of children or adults, including colleges, professional schools, dance schools, business schools, trade schools, and art schools.
Electric Power Distribution. Means the final stage in the delivery of electric power; it carries electricity from the substation to individual consumers. Primary distribution lines carry this medium voltage power to distribution transformers located near the customer's premises.
Electric Power Transmission Line. Means a system of structures, wires, insulators and associated hardware that carry electric energy from one point to another in an electric power system.
Electronic Meeting. Means a public meeting of the public body convened and conducted by means of a telephonic conference device or other electronic means, allowing each member of the Council to call, video conference, or otherwise participate concurrently with all other members of the public body in conduct of the meeting. No more than three (3) members of the public body may participate in the meeting by electronic means at one time. There must always be at least two (2) public body members at the anchor location unless a written determination is made by the chair of the public body that determines an anchor location presents a substantial risk to the health and safety of those who may be present at an anchor location as described in Utah state Code 52-4-207
Electronic Sales and Repair. Means a retail establishment that deals in the sale and repair of electronics.
Emergency. Means a situation or occurrence which, in the opinion of the mayor or agent of the mayor, may present an imminent threat to the health, safety or welfare of any person, place or property.
Emergency Vehicle. Means an automobile or truck suitable for use on conventional public streets, which is operated by police, fire, ambulance, health department, building inspection, or business regulations personnel.
Emergency Work. Means work required to restore property to a safe condition following a public calamity or to protect persons or property from an imminent exposure to danger.
Enclosed Parking. Means a fully-enclosed attached or detached residential accessory building designed or used for the storage of private passenger automobiles owned and used by the occupants of the building to which it is accessory. A private garage designed and constructed as an architectural and integral part of the main building shall be subject to all the requirements of this Code applicable to main buildings.
Engaging in Business. “Means the sale of tangible personal property at retail or wholesale, the manufacturing of goods or property, and the rendering of personal services for others for consideration by persons engaged in any profession, trade, craft, business, occupation or other calling, except the rendering of personal services by an employee to an employer under any contract of personal management. “Engaging in Business” also includes agricultural industries, but not farming or ranching.
Engineer, Town. Means the appointed official or consultant who is responsible for the Engineering functions of the Town as described in this chapter and other ordinances and policies of the Town.
Equestrian Center. Means an establishment engaged in the boarding, feeding, or general care of horses or other large animals for personal or commercial purposes; and includes uses such as agriculturally oriented gatherings, assemblies and shows, and the sale of feed, tack, and other agricultural products.
Equipment Sales and Service. Means an establishment located no closer than three hundred (300) feet (as measured from the property lines) to any residential zone that is primarily engaged in the sale or rental of tools, lawn and garden equipment, including outdoor storage and incidental maintenance.
Equivalent Residential Unit (ERU). Means a unit of measurement used to measure and evaluate development impacts on public infrastructure such as water, sewer, storm drainage, parks, roads, and public safety of proposed residential and non-residential land uses; and is intended to represent the equivalent impact on public infrastructure of one single family residence.
Established Grade. Means the measured grade of a piece of land at time of subdivision or site plan approval, shown on the final subdivision plat or site plan, and from which the height of future structures will be measured.
Fairfield Town Council. Means the elected officials of the Town Council of Fairfield, State of Utah.
Fairfield Town Road. Means all roads commonly used as a means of travel within Fairfield Town which have been designated as Fairfield Town roads by the Town of Fairfield or by the State Highway Commission or by any dedication duly and properly recorded, or have been used as public roads within the past ten years or as a result of long accustomed usage. The term “roads' ' shall include both hard surfaced and any other surfaces. The roads in this instance shall include the surfaced travel portions of the shoulders, barrow pits and any and all properties within the right-of-way of said road.
Fairfield Town Road Right of Way. Means any right of way owned by the Fairfield Town, whether as a result of a deed or other formal conveyance or as a result of long accustomed usage.
Family. Means a person or persons living together in a single family dwelling. “Family” does not include any group of individuals whose association is temporary or seasonal in nature or who are in a group living arrangement because of criminal offenses.
Family, Single Family Limit Designation. Means the number of individuals allowed to occupy each residential unit that is recognized by a land use authority in a zone permitting occupancy by a single family. A municipality may not adopt a single-family limit that is less than three (3), if the municipality has within its boundary a state university, or a private university with a student population of at least 20,000 or four (4) for each other municipality. (Ut. St. Code 10-9a-505.5) 5/5/2021.
Farm. Means a business enterprise, or personal family use in which land is used for the growing of food, feed, or fiber for sale in commercial quantities.
Farm Animals. Means animals kept or raised primarily for, or incidental to, livestock or agricultural operations, which are grouped into the following categories:
Large Farm Animals: Large farm animals include the following:
Cow;
Horse (mule-ass, pony, or similar species not listed);
Ostrich (or other similar sized or closely related species);
Llama or other similar species not listed; and
Other animals of similar size.
Medium Farm Animals: Medium farm animals include the following:
Sheep;
Emu;
Goat;
Turkey;
Geese;
Peacock; and
Other animals of similar size.
Small Farm Animals: Small farm animals include the following:
Chicken;
Rabbit;
Ducks;
Pheasants; and
Other animals of similar size (excluding mink)
Farmers Market. Means a group of entities engaged in the temporary seasonal selling of homemade goods, homegrown vegetables, and other similar items in an open air market.
FCC. Means the Federal Communications Commission, or any successor thereto.
Feedlot. See "Livestock Feed Yard".
Fee Schedule. Means the list or appendix of fees, also known as the Fairfield Town Fee Schedule, adopted periodically by the governing body which sets forth various fees charged by the Town.
FEMA. Means Federal Emergency Management Agency.
Fence. Means an artificially constructed barrier to identify a property boundary or enclose a space.
Fence, Barbed Wire. Means a fence with one or more strands of wire or other material having intermittent or continuous sharp points that may puncture, tear, cut, or snag. This does not include razor wire.
Fence, Private / Privacy. Means a fence constructed to prevent views through the fence.
Fence, Semi Private. Means a fence with a regular pattern that permits views through a minimum of thirty percent (30%) of the fence when viewed perpendicular to the plane of the fence.
Fence, Wire. Means an open mesh fence made of woven wire, or any other fence where the majority of construction consists of wire, including chain link, no climb, and other agricultural style wire fences but not including razor wire.
Festival (including Bazaars or Fairs). Means an activity or event that may only include shows, games, non-mechanical rides, concessions, or any combination thereof.
Final Plat. Means a map of a subdivision which is prepared for final approval and recordation, which has been accurately surveyed so that streets, alleys, blocks, lots, and other divisions thereof can be identified as meeting any other requirements of this Ordinance or State or County Statutes.
Financial Institution. Means an establishment whose principal purpose is the handling of monetary affairs for members, clients, or the public at large; includes banks, credit unions, savings and loans, mortgage offices, investment companies, trust companies, and similar entities; and does not include Non-Depository Institutions.
Finished Surface Grade. Means the elevation of the finished ground surface adjacent to and measured along all exterior walls.
Fire Code. Means the International Fire Code adopted by the Town by ordinance.
Fire Authority. Means the department, agency, or public entity with responsibility to review and approve the feasibility of fire protection and suppression services for the subject property.
Fire Department. Means the Cedar Valley Fire Department and any member working for the department.
FIRM. Means Flood Insurance Rate Maps.
Fitness Center. Means a facility where members or nonmembers use equipment or space for the purpose of physical exercise.
Flag Lot. Means a lot that is so named because of the long, slender strip of land resembling a flag pole that extends from the typically rectangular main sections of these lots, or the “flags”, out to the street. All lots require frontage and each “flag pole” typically provides just enough frontage for vehicle access and is often shared by several neighbors.
Flood Channel. Means a natural or artificial water course with the definite bed and banks to confine and conduct flood water.
Flood Insurance Rate Map. Means, in abbreviated style in this chapter, FIRM.
Flood Insurance Study. Means the most current official report provided by the Federal Insurance Administration entitled "Flood Insurance Study, Fairfield, Utah, Incorporated Areas" wherein flood profiles, a flood boundary - floodway map, and the water surface elevation of the base flood are contained.
Flood or Flooding. Means a general and temporary condition of partial or complete inundation of normally dry land area from the overflow of inland waters, and/or the unusual and rapid accumulation or runoff of surface waters from any source.
Flood Plain. Means a land area subject to being inundated by water from any source and is generally defined as a “zone A” (100 year flood area) area as defined in FEMA’s Flood Insurance Rate Maps of the Town of Fairfield.
Floodway Map. Means the publication entitled "Floodway Flood Boundary and Floodway Map, Fairfield, Utah", wherein the Federal Insurance Administration has delineated the boundaries of the floodways in the unincorporated portion of Fairfield Town.
Floor Area. Means the sum of the gross horizontal area of the several floors of the building or buildings, measured from the exterior faces of the exterior walls.
Floral Sales. Means a retail business whose principal activity is the selling of plants and flowers which are not grown on the site and where business is conducted within an enclosed building.
Foster Care Home. Means a building containing a dwelling unit and associated group quarters wherein room, board, care, and a family environment are provided by the resident family to not more than six (6) minor children who are not related to such family. Such children may not include delinquent, problem, or troubled youth (see "youth group home" use), but youth placed in the home for their own protection and care. To qualify, the home must be approved for such use and operate under the supervision of the State Department of Social Services.
Franchise. Means the rights and obligations extended by the Town to a provider to own, lease, construct, maintain, use or operate a system in the rights-of-way within the boundaries of the Town. Any such authorization, in whatever form granted, shall not mean or include:
1. Any other permit or authorization required for the privilege of transacting and carrying on a business within the Town required by the ordinances and laws of the Town;
2. Any other permit, agreement or authorization required in connection with operations on rights-of-way or public property including, without limitation, permits and agreements for placing devices on or in poles, conduits or other structures, whether owned by the Town or a private entity, or for excavating or performing other work in or along the rights-of-way.
Franchise Agreement. Means a contract entered into in accordance with the provisions of this chapter between the Town and a franchisee that sets forth, subject to this chapter, the terms and conditions under which a franchise will be exercised.
Front. Means the front of the lot shall be defined as the same side as the road used for frontage and primary access no matter what direction the building is facing.
Frontage. Means the distance between the two side lot lines of a parcel measured along the street, or streets of a corner lot, which the parcel is allowed to access. State or Federal highways, to which no access is allowed, shall not be considered as frontage. For purposes of this Title neither temporary turn-arounds nor dead ends of roadways shall be used as frontage. On cul-de-sacs, frontage may be measured at the front building setback lines.
Front of the Lot. Means the same side as the road used for frontage and primary access no matter what direction the building is facing.
Front Yard. See “Yard, Front”.
Fueling Station. Means that portion of the property where flammable or combustible liquids or gases used as fuel are stored and dispensed from fixed equipment into the fuel tanks of motor vehicles.
Fueling Station, Cardlock Facility. Means an automated vehicle fuel sales facility without an attendant.
Funeral Home. Means a building used for the preparation and embalming of deceased persons for viewing, burial, and cremation of deceased persons and the conducting of rituals connected therewith before burial or cremation; and may include a chapel for the conducting of funeral services, areas for funeral services and gatherings, and areas for the display of funeral equipment.
Garage Commercial. Means a building or portion thereof designed and used for storage, repair or servicing of motor vehicles or boats as a business.
Garage Residential. Means an attached or detached residential building designed or used for the storage of private passenger automobiles that is ancillary to the use of the residence. A garage shall be designed and constructed as an architectural and integral part of the main building and shall be subject to all the requirements of this Title applicable to the main building.
Garbage. Means any non-putrescible solid wastes, including ashes consisting of both combustible and noncombustible wastes, such as paper, cardboard, metal containers, glass, bedding, crockery, bags, rags, and demolished materials.
General Fund. Means the general operating fund of the municipality used to account for all financial resources except those required to be accounted for in a special fund.
General Plan. Means a plan within the meaning of sections of 10-9a-103, 10-9a-301, and 10-9a-302 of the Utah Code Annotated 1953, which has been recommended by the Planning Commission and adopted by the Fairfield Town Council to set forth general guidelines for the proposed future development of land. The plan may include elements concerning land use, transportation, the environment, public services, redevelopment, economics, plan implementation and other topics. The plan, however, is only an advisory guide for land use decisions.
Geologist. Means the Town Geologist or contracted firm.
Golf Course. Means a parcel of land laid out for at least three holes for playing the game of golf and improved with trees, greens, fairways, and possible hazards, and which may also include a clubhouse, shelter, or other associated buildings that are incidental to the parcel of land dedicated to the game of golf.
Grade. Means, when related to buildings, the average elevation of the ground adjacent to the building; when used for streets and driveways, grade shall mean the ratio of vertical distance to horizontal distance along such a street or driveway expressed in either percentage or degree.
Grading. Means the excavation or removal of earth material by artificial means, the filling or deposition of earth material by artificial means, or the combination thereof.
Grading Permit. Means a permit issued by the Town to remove or excavate large portions of a parcel or parcels in preparation for development activity or construction of infrastructure or buildings.
Grazing. Means the act of eating herbage growing from the ground.
Grocery Store. “Means a store where most of the floor area is devoted to the sale of food products for home preparation and consumption; that typically also offers other home care and personal care products; and that is substantially larger and carries a broader range of merchandise than convenience stores.
Gross Revenue. Means all revenues of a provider that may be included as gross revenue within the meaning of Title
11, Chapter 26, Utah Code Annotated 1953, as amended. In the case of any provider not covered within the ambit of Title 11, Chapter 26, Utah Code Annotated 1953, the definition of “gross revenue” shall be set forth in the franchise agreement.
Group Quarters. Means a dwelling such as a lodge, dormitory, or barracks which contains a large bedroom, several sleeping rooms, or other sleeping facilities for the use of unrelated individuals or several family members (who may or may not be related).
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