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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).
Hair Salon. Means a retail business whose principal activity is the cutting, coloring, and styling of hair; and that may provide other services such as nail painting and wax treatments.
Hardware and Home Improvement Retail. Means an establishment providing the sale or rental of building supplies, construction equipment, or home fixtures and accessories; and includes a lumber yard or a contractors’ building supply business and may include outdoor storage or tool and equipment sales or rental.
Hard Surfaced. Means covered with concrete, brick, asphalt, or other impervious material.
Health Department. Means the Utah County Health Department and any member working for the Department.
Highways. Means roadways owned by the State of Utah or Utah County. It shall include both hard surfaces and other surfaces. The highways shall include the surfaced travel portions of the shoulders, barrow pits and any and all properties within the right of way of said road.
Historical Monument. Means a commemorative plaque, sign, or stone pillar placed by the Utah State Historical Society or other governmental entity, or placed under its sponsorship, on a site listed in the National Register of Historic Places or State Register of Historic Places.
Home Based Business. Means any type of commercial activity, commercial storage, or any business conducted primarily out of a residence for the purpose of economic gain in any area of Fairfield Town which meets the criteria found in Chapter 17.65 of Fairfield Town Ordinance, Home Businesses.
Home, Manufactured. Means a transportable factory built housing unit constructed on or after June 15, 1976, according to the HUD Code, in one or more sections, that: in the traveling mode, is eight body feet or more in width or 40 body feet or more in length, or when erected on site, is 400 or more square feet and is built on a permanent chassis and designed to be used as a dwelling with or without a permanent foundation when connected to the required utilities, and include the plumbing, healing, air conditioning and electrical systems. Utah State Code 15A-1-302
Manufacturing. “Manufacturing” means the assembling, altering, converting, fabricating, finishing, processing, or treatment of a product. This word is used interchangeably with Industrial.
Home, Mobile. Means a transportable factory built housing unit built before June 15, 1976, in accordance with a state mobile home code which existed prior to the HUD Code.
Home, Modular. Means a structure built from sections that are manufactured in accordance with the State Construction Code and transported to a building site and the purpose of which is for human habitation, occupancy or use.
Home Occupation. Means an occupation or business activity which results in a product or service that is conducted in whole or in part in the dwelling unit (including garage or workshop in the dwelling unit) or in a detached garage or workshop on the same lot as the dwelling unit and is subordinate to the residential use of the dwelling unit and must obtain a business license.
Home Office. A home office is a space designated in a person’s residence for official business purposes. It provides a space for those that are self-employed or work remotely for an employer.
Hospital. Means an institution licensed by the State of Utah which provides diagnostic, therapeutic, and rehabilitative services to individuals on both an inpatient and outpatient basis by or under the supervision of one or more physicians and/or properly licensed practitioners. Any medical clinic or professional office which offers inpatient or overnight care, or operates on a twenty-four hour basis, shall be considered a hospital. A hospital may include integral support service facilities such as laboratories, outpatient units, training facilities and offices necessary to the operation of the hospital.
This definition includes both general, acute and specialty hospitals and must be licensed by the Utah Department of Health pursuant to the Health Care Facility Licensing and Inspection Act.
Hotel. Means a building containing guest rooms in which lodging is provided for compensation to transient or permanent guests or both.
Household Pet. Means any animal, which is
normally domesticated and customarily kept for personal use or enjoyment in a residential zone. For purposes of this code, ordinary household pets shall include, but not be limited to: domesticated dogs, cats, small mammals, birds, fish, reptiles, and rodents. Not included in this definition are wild animals, domesticated livestock, poultry, and those animals whose ownership is prohibited by the state of Utah, the United States government, or other portions of this code.
Human Occupancy (occupied by humans). Means a house, office building, assembly hall, restaurant, retail store, manufacturing plant, employment site or other fixed site that is used or developed for use by humans to sleep, work, or stay for extended periods (periods where the human occupancy lasts 4 or more hours per day, including facilities wherein the days of use are sporadic or seasonal).
Hunting Preserve. Means an area especially managed or intended for the hunting of wild game, as contrasted with a "Shooting Range".
Ice Cream Parlor. Means an establishment whose primary business is the sale of ice cream and other types of food or beverages for customer consumption that are not considered a complete meal, such as candy, soda, or coffee.
Ice Cream Vendor or Snow Shack. Means a seasonal business that serves ready-to-eat single-servings of ice cream, snow cones, and similar frozen treats from a self-contained unit that may be motorized or in a trailer on wheels, or in a temporary structure affixed to the ground for the duration of the sales period.
Illegal Building/Structure. Means a building or structure, or portion thereof, established without securing the necessary approvals, permits, or licenses, as required by this Ordinance, the adopted Building Code, or their prior enactments.
Illegal Lot. Means a lot created that has not received the necessary approvals, permits, or licenses, as required by the Town’s Land Use Ordinances.
Illegal Use. Means a use established without receiving the necessary approvals, permits, or licenses, as required by the Town’s Land Use Title/Ordinances.
Impact Analysis. Means a determination of the potential effect(s), including but not limited to environmental, fiscal, social, matters, etc. upon the Town or a section of the Town.
Impact Fee. Means a payment of money imposed under Utah Code 11-36a. Set-aside fees collected from developers/builders causing infrastructure adjustments to the community. Monies to be used as the development further impacts the municipality.
Impervious Material or Surface. Means material that is impenetrable by water.
Impound Yard. Means a facility that is used for the storage of wrecked motor vehicles, and vehicles impounded by law enforcement, kept for a period of time not exceeding fourteen days. This definition does not allow for the sale of parts.
Impulse Noise. Means a noise with a duration of two (2) seconds or less. Example: a gunshot.
Industrial Outdoor Storage. Means the storage of merchandise, goods, inventory, equipment, raw or unfinished materials, materials for Recycling, or other materials, construction related vehicles, or similar items principally for storage purposes or other items which are not intended for immediate sale, located outside.
Infrastructure Provider. Means a person providing to another, for the purpose of providing telecommunication services to customers, all or part of the necessary system which uses the rights-of-way.
Inhabited. Means being present in or occupied in any manner or form (of a person or group) lived in or occupied (a place or environment).
Inoperable or Abandoned Vehicles. Means motor vehicles, which by reason of dismantling, disrepair, lack of licensing or other cause are either incapable of being propelled under their own power or are prevented by law from being so propelled.
Institutional Use. Means a public, nonprofit, or quasi-public use providing service to the public, such as a public or private school, civic building, library, hospital, or government owned or government-operated structure.
Intermittent Noise. Means a noise similar to a cyclically varying noise but with an irregular interval and a continuous duration of six (6) minutes or less for high level sound levels. Example: a motor vehicle passing a fixed location.
Invitation for Bids. Means all documents, whether attached or incorporated by reference, used for soliciting bids.
ISO. (Insurance Service Office) Fire insurance charges for individual structures are determined by classification and the ISO grade (1 being the best, 10 being the worst).
Junk. Means, by way of example and not limitation of the term, used or salvaged metals and their compounds or combination, used or salvaged rope, rubber, tires or car parts, and used or discarded furniture and household appliances.
Junk Dealer. Means a person, firm or corporation engaged in the business of buying and selling junk. approved by the Town under its Zoning Ordinance. All discarded metals, scrap metals, iron, glass, paper, wood, building materials, plastics, fiberglass which may have value second hand but not in its present condition, unused or discarded bicycles, tricycles or other recreational vehicles or parts therefore, waste paper products, unused or discarded building materials, machinery or machinery parts, lumber, accumulations of dirt, gravel, ashes, or fire remains, or any inoperable or abandoned vehicles, parts, or any other waste materials.
Junk Yard (Salvage Yard). Means a place where scrap, waste, discarded or salvaged materials are bought, sold, exchanged, baled, packed, disassembled, handled, or stored; including auto wrecking yards, house wrecking yards, used lumber yards, and places or yards for storage of salvaged house wrecking and structural steel materials and equipment; but not including places where salvaged materials are kept incidental to manufacturing operations conducted on the premises.
Kennel. Means any lot, building structure, enclosure or premises whereupon or wherein four (4)) or more dogs and/or cats over six (6) months of age are kept or maintained for any purpose, including boarding, breeding, buying, grooming, letting for hire, training for fee, or selling.
Kennel, Breeding. Means a kennel lawfully located on a premises one acre or more in size zoned for such use and where no more than ten dogs, registered with a nationally recognized registration organization, over the age of six months are owned, kept, or harbored for the purpose of breeding purebred or pedigreed dogs; provided, however, this definition shall not apply to zoos or to animal hospitals operated by veterinarians duly licensed under the law.
Kennel, Commercial . Means an establishment where four (4) or more dogs, older than four (4) months, are kept for the purpose of boarding, breeding, raising or training dogs for a fee or on a nonprofit basis.
Kennel, Private. Means the keeping, breeding, raising, showing, or training of four or more dogs over four months of age for personal enjoyment of the owner or occupants of the property, and for which commercial gain is not the primary objective.
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