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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.
Land Use Authority. Means a person, board, commission, agency, or other body designated by ordinance/code to act upon a land use application.
Land Use Element of the General Plan. Means the comprehensive, long range strategic plan for the future of the Town and includes elements such as future land uses, transportation, housing, storm drainage, culinary water, secondary water, economic development, capital facilities plan, and intergovernmental coordination, adopted as the Land Use Element of the General Plan by the Town Council.
Land Use Ordinance. Means all regulations adopted by the Town of Fairfield relating to the development and use of real property within the Town.
Landscape Park. Means a parcel of land which is developed using an aesthetically arranged combination of trees, shrubs, ground cover, or other natural vegetative material and/or incidental structural landscaping features (i.e. fountains, reflecting pools, sculpture, play apparatus, benches, and tables) and which is maintained as a place of ornamentation and recreation.
Landscape Park Recreational Facility. Means a play field, building or other structure or area which is located in an approved landscape park as an ancillary feat and which is shown on the park's approved plan. Such facilities shall be recreational in nature, such as a slide, swing set, picnic pavilion, swimming pool, gymnasium, golf course, tennis court or ball field. The facilities shall not include sleeping or living facilities, nor uses that produce noise, dust or light that will conflict with neighboring residences or businesses.
Landscaping. Means the installation of any combination of the following items to produce an aesthetic effect of to enhance and preserve natural features of the site:plant materials, such as lawn, annual and perennial flowering plants, native vegetation, vines, shrubs, and trees, but not including weeds or noxious plants; ground cover, such as mulch, bark, and decorative rocks; ponds, fountains, falls, and streams; and statutes, outdoor artwork, benches and tables, earth berms, pots, and planters.
Landslide. Means a general term for the downslope movement of a mass of soil, surficial deposits, or rock. Landslides may be rotational or translational.
Large Scale Development. Means a development or subdivision which has been recommended for approval, approval with conditions, or denial by the Planning and Zoning Commission, and approved by the Fairfield Town Council and which consists of several buildings and structures planned and developed under unified control as a single unit or project, including a planning unit development, a planning subdivision, a mountain home development, a recreational resort, and a mobile home park.
Laundromat. Means a facility where patrons, or individuals employed by the laundromat, wash with soap and water in coin-operated machines (or other means of payment), and/or dry with coin-operated machines (or other means of payment) clothing or other fabrics. A laundromat does not include dry cleaning or dry cleaners.
Library. Means a public facility containing printed information, electronic information, and/or pictorial material for the public use and purpose of study, reference, and recreation.
Licensing Official. Means a person in charge of issuing and revoking licenses.
Light Manufacturing. Means the manufacture, predominantly from previously prepared materials, of finished products or parts, including processing, fabrication, assembly, treatment, and packaging of such products, and incidental storage, sales, and distribution of such products, but excluding basic industrial processing and custom manufacturing.
Livestock. Means domestic animals, such as meat and dairy cattle, horses, pigs and poultry, raised for home use or for profit.
Livestock Auction Yard. Means a farm animal exchange company and includes livestock pens, auction facilities and structures, and public and transport parking for the sale of domestic livestock only.
Livestock Feed Yard. Means a feedlot or feed yard is a type of animal feeding operation (AFO) which is used in intensive animal farming for finishing livestock, notably beef cattle, but also swine, horses, sheep, turkeys, chickens or ducks, prior to slaughter. Livestock feed yards are not allowed within the boundaries of Fairfield Town in any zone.
Lot. Means a tract of land, regardless of any label, that is created by and shown on a subdivision plat that has been recorded in the office of the county recorder. A parcel of land that is a legal unit.
Lot Coverage. Means the portion of a lot that is occupied by buildings or structures including accessory uses.
Lot, Interior. Means any lot other than a corner lot.
Lot Layout. Means a plat of a lot, drawn to scale, showing its actual measurements, the size and location of any existing buildings, and buildings to be erected; the location of the lot and abutting streets; and any further requirements as described in this Code.
Lot Line. Means a boundary line of a parcel of land.
Lot Line. Means a line dividing one lot from another, or from a street or any public place.
Lot Line Adjustment. Means a plat by which one or more lot(s) or tract lines are moved or removed.
Lot Line, Front. Means any street right-of-way line of record or established by use, which forms one or more boundaries of a lot.
Lot Line, Front Lot Line for Flag Lot. Means the lot line nearest to a dedicated public street and at the end of the staff.
Lot Line, Primary. See Primary Lot Line.
Lot Line, Rear. Means a lot line that is opposite a front lot line. A triangular lot has two side lot lines but no rear lot line. For other irregularly shaped lots, the rear lot line is all lot lines that are most nearly opposite the front lot line.
Lot line, Rear for Corner Lot. Means that interior lot line which has been designated as the rear lot line as determined by the direction the house faces.
Lot Line, Rear for Interior Lot. Means the interior line lying opposite of the front lot line.
Lot Line, Side. Means a lot line that is neither a front or rear lot line. On a corner lot, the longer lot line which abuts a street is a side lot line.
Lot Line, Side for Corner Lot. Means any interior lot line for multi-frontage lot; or, for other corner lots, that interior lot line which has been designated as the side lot line by the lot owner, unless designated on the plat.
Lot Line, Side for Interior Lot. Means those interior lines lying opposite each other, running between the front and rear lot lines; or in the case of a multi-frontage lot, those interior lines which run between the two front lot lines.
Lot Line, Side Street. Means a lot line that is both a side lot line and a street lot line.
Lot Line, Street. Means a lot line, or segment of a lot line that abuts a street. A street lot line does not include lot lines that abut an alley. On a corner lot, there are two (or more) street lot lines. A street lot line can include front lot lines and side lot lines.
Lot Width. Means frontages at the required setback.
Lot Width, for Corner Lot. Means the width of the lot as measured along both street frontages at the required setback; and in the case of an interior , means the horizontal distance between the side lot lines measured along a line lying at right angles to the centerline of the lot at the point of the required setback..
Lot Width, for Interior Lot. Means the horizontal distance between the side lot lines measured along a line lying at right angles to the centerline of the lot at the point of the required setback.
Rev. ord. 06132023-2, passed 6-13-2023.
Maintain. Means to provide such maintenance, repair and, to the extent necessary and appropriate, replacement, as may be needed to keep the subject property in good condition and repair.
Main Building. Means the principal building or one of the principal buildings upon a lot, or the building or one of the principal buildings housing the principal use upon the lot; and includes all of the appendages constructed as an architectural and integral part thereof.
Maintain. Mans to provide such maintenance, repair and, to the extent necessary and appropriate, replacement, as may be needed to keep the subject property in good condition and repair.
Major Collector. See “Collector street (major and minor)”.
Major Grading Permit. See “Grading Permit, Major”.
Manufactured Homes. Mobile homes built in the United States since June 1976, legally referred to as manufactured homes, are required to meet
FHA certification requirements and come with attached metal certification tags and are mortgageable through VA, FHA and Fannie Mae.
Marina. Means a public or private dock or basin providing secure moorings for boats and often offering supply, repair, and other facilities.
Metes and Bounds. Means a method of describing the boundaries of land by directions and distances from a known point of reference.
Meeting Administrator. Means the Town Recorder or other employee of the Town specifically assigned and designated to operate the telephonic or electronic conference equipment at the anchor location to assure that all members of the public body are continuously able to participate in the meeting and to advise the party conducting the meeting of the initiation, recess, if appropriate, or adjournment of the meeting.
Mill. Means a term used to express the property tax rate. (one mill is one-tenth of a cent. Thus ten mills equal one cent or one percent).
Mining. Means all or any part of the process involved in the mining of minerals by removing overburden and mining directly from the mineral deposits, open pit mining or minerals naturally exposed, mining by auger method, dredging and quarrying, underground mining, and surface work incidental to an underground mine.
Mixed Use. Means a tract of land or building or structure developed for two (2) or more different uses such as, but not limited to residential, office, retail, and other possible compatible uses approved by the Town Council.
Mixed Use Development. Means a building or group of buildings designed to encourage a diversity of compatible land uses, which include a mixture of two (2) or more zoning uses that are approved by the Town Council.
Mobile Food Vendor. Means a business that serves food and / or beverages from a self-contained unit either motorized or in a trailer on wheels, conducts all or part of its operations on premises other than its own, and is readily movable, without disassembling, for transport to another location. The term “mobile food vendor” shall not include snow shacks or ice cream vendors.Mobile Home. A mobile home built in the United States before June 15, 1976 is a movable or portable dwelling built on a chassis, located on jacks or other temporary foundations, connected to utilities, designed without permanent foundation, and intended for year round living; Mobile homes permanently installed on owned land are rarely mortgageable.
Model Home. Means a dwelling temporarily used as a sales office for a residential development under construction, and not for general real estate business.
Modular Homes. Means factory built dwelling units, transportable in one or more sections, which are designed as year-round dwelling units and shall be placed on a permanent foundation or basement. The manufactured dwelling units shall bear a label certifying that such units were built in compliance with the latest Manufactured Home Safety Construction and Safety Standards adopted by the U.S. Dept. of Housing and Urban Development for manufactured homes. The Uniform Building Code shall apply to modular homes. Modular Homes means any dwelling that is designed in more than one unit and is designed to be made mobile on a temporary basis, on a perimeter wall foundation and constructed or manufactured to Building Code Standards to provide a permanent residence for one or more persons, but does not include a mobile home, recreational travel trailer or recreational motor vehicle as defined herein.
Mortgage/Farm Preservation Lot Subdivision. Means a subdivision that allows one (1) parcel to be split off of a larger piece of acreage for the purpose of getting a mortgage
Motel. Means a building or group of detached or connected buildings designed or used primarily for providing sleeping accommodations for automobile travelers and having a parking space adjacent to a sleeping room, which includes automobile courts, tourist courts with more than one building, and motor lodges.
Motor Vehicle. Means any vehicle that is self-propelled by mechanical power, including, but not limited to, passenger cars, trucks, truck trailers, semi-trailers, campers, motorcycles, mini bikes, go-karts, snowmobiles, ATV’s/UTV’s and racing vehicles.
Muffler. Means an apparatus or device used for reducing sound.
Municipal Roadway. Means a street or road which has been dedicated to and accepted by the municipality including utility easements.
Municipality. Means, unless otherwise indicated, Fairfield Town, Utah.
Natural Hazard. Means a naturally occurring geologic condition or phenomenon that may present a potential danger to life and property. Natural hazards which are treated in the NHO Zone of this ordinance are limited to surface fault rupture, rock fall, landslides, and debris flows. Natural hazards include the above-listed conditions even though they are aggravated or induced by man.
Neighborhood Grocery Store. Means a store that is 25,000 square feet or less, 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.
New Construction, for the Purpose of Determining Insurance Rates. Means structures for which the "start of construction" commenced on or after the effective date of an initial FIRM [Oct. 15, 1982] or after December 31, 1974, whichever is later, and includes any subsequent improvements to such structures. For floodplain management purposes, "new construction" means structures for which the "start of construction" commenced on or after the effective date of a flood plain management regulation adopted by the community and includes any subsequent improvements to such structures.
Noise. Means any sound that is unwanted and causes or tends to cause an adverse psychological or physiological effect on human beings.
Noise Disturbance. Means any sound that annoys or disturbs a reasonable person(s) with normal sensitivities or that injures or endangers the comfort, repose, health, hearing, peace or safety of another person(s).
Noise, Plainly Audible. Means any noise for which the information content of that noise is unambiguously transferred to the listener, including, but not limited to, the understanding of spoken speech, comprehension of whether a voice is raised or normal, or comprehension of musical rhythms.
Noise Source. Means any instrument or device for amplifying sound, or anything which produces, reproduces, or amplifies sound. The term shall include multiple sources of sound.
Non Commercial Vehicle. Means the following vehicles are not considered a "commercial vehicle" for purposes of this Code; Equipment owned and operated by the United States department of defense when driven by any active duty military personnel and members of the reserves and national guard on active duty, including personnel on full time national guard duty, personnel on part time training, and national guard military technicians and civilians who are required to wear military uniforms and are subject to the code of military justice; firefighting and emergency vehicles, operated by emergency personnel, not including commercial tow trucks; City, Town or County commercial vehicles being used in the servicing of adjacent properties or streets; and recreational vehicles that are driven solely as family or personal conveyances for noncommercial
Nonconforming Building Lot. Means a parcel of land of record that was lawfully subdivided and in compliance with all laws at the time of division and no longer meets the minimum requirements for a building lot in the zone where it is located because of a subsequent amendment to the applicable land use ordinance.
Nonconforming Lot of Record. Means a lot which does not conform to the area and/or width requirements of this ordinance for a zoning lot, but which was shown continuously on the records of the County Clerk or Recorder as an independent parcel since before the effective date of this ordinance.
Nonconforming Use. Means a use of land that legally existed before its current land use designation; has been maintained continuously since the time the land use ordinance regulation governing the land change; and, because of one or more subsequent land use ordinance changes, does not conform to the regulations that now govern the use of the land. To qualify as "legally existing," the use shall have been properly issued a permit prior to the enactment of this ordinance or, alternatively, the use shall have been legally commenced prior to the first enactment of zoning in Utah County on November 16, 1942, and thus used continuously thereafter.
Nonconforming, When Used in the Context of a Building or Structure. Means a building or structure meeting the definition contained in Utah Code § 10-9a-103 (44) for a Non Complying Structure.
Non Depository Institution. Means a financial business, other than a depository institution such as a bank, credit union, mortgage lender, or savings and loan association, that is registered by the State of Utah pursuant to the Check Cashing Registration Act or the Title Lending Registration Act, which includes the following defined businesses: a check cashing business; a payday loan business; a title loan business; a deferred deposit lender.
Nuisance. Means doing any act or omitting to perform any duty, which act or omission either annoys, injures, endangers or is unsightly, which includes, but is not limited to, keeping or depositing on or scattering over the premises any of the following: lumber, junk, trash or debris, abandoned, discarded or unused objects or equipment such as automobiles, furniture, stoves, refrigerators, freezers, cans, containers or other discarded items not currently in use and any other object or animal that threatens the comfort, repose, health and safety of the public or offends public decency. “Nuisance” also has the meanings as defined in Utah Code Annotated sections 78B-6-1101, 76-10-803, and 76-10-801.
Nursery. Means buildings, land, and other structures and facilities for the cultivation of plants for subsequent replanting or harvesting, including hydroponics operations.
Nursing Home. Means a building containing group quarters wherein room, board, care, and supervision are provided to two or more persons who, because of illness, age, or physical deformity, cannot properly care for themselves. The building may also include a dwelling unit to house the supervisory personnel. To qualify, the home must be approved for such use by the Utah State Division of Health.
Oath. Means an affirmation in all cases in which, by law, an affirmation may be submitted for an oath and in such cases the word “swear” and “sworn” shall be equivalent to the words “affirm” and “affirmed”.
Occupant. Means, as applied to a building or land, any person who occupies a property.
Occupied. Means being used by someone; to dwell or reside in; Rev. ord. 03142023-3, passed 03-14-2023.
Off Site. Means land or areas which are not included in the land or area defined as on-site.
Off Street Parking. Means the space within a building, lot, or parking lot, but not within any portion of any public street right-of-way, for the temporary parking of one vehicle.
any part of such building or land, whether alone or with others.
Offense. Means any act forbidden by any provision of this code or the omission of any act required by the provision of this code.
Office, High Intensity. Means an office in which business uses are conducted which typically require more than 6 employees per 1000 sq. ft., and in which no goods or merchandise are stored, displayed, or sold. An example would include call-centers.
Office, Medical and Health Care. Means offices or clinics which provide services for the treatment and care of illness or injury, including only medical, dental, and chiropractic offices; or offices devoted to the healing arts so long as licensed and accredited, including massage therapists and licensed physical therapists; and may include a pharmacy or drugstore intended to serve patients of medical or dental professionals.
Office, Office Structure. Means a room, suite of rooms, or building used for conducting the affairs of a business, profession, service industry, or government.
Office, Professional. Means a place intended for the conduct of administration or services by a business enterprise and in which no goods or merchandise are stored, displayed or sold.
Officers, Departments, Commissions, Boards, Councils and Employees. Means, when referred to in this code, officers, departments, commissions, boards, councils and employees of Fairfield Town Utah, unless the context clearly indicates otherwise.
Open Space. Means an open, landscaped, and improved area that is unoccupied and unobstructed by residential or commercial buildings, setbacks between buildings, parking areas, and other hard surfaces that have no recreational value; provides park or landscaped areas that meet the minimum recreational needs of the residents of the subdivision; includes parks, recreational areas, gateways, trails, buffer areas, berms, view corridors, entry features, or other amenities that facilitate the creation of more attractive neighborhoods; may include hard surfaced features such as swimming pools, plazas with recreational value, sports courts, fountains, and other similar features with recreational value, as well as sensitive lands with recreational value, subject to the limitations stated in the definition of sensitive lands, within a development that have been designated as such at the discretion of the Planning Commission and Town Council; and may not include surplus open space located on another lot unless such surplus open space was previously approved as part of an overall site plan, development agreement, or plat approval.
Open Video Service. Means any video programming services provided to any person through the use of rights-of-way by a provider that is certified by the FCC to operate an open video system pursuant to Section 651, et seq. of the Act, regardless of the system used.
Open Video System. Means the system of cables, wires, lines, towers, wave guides, optic fiber, microwave, laser beams, and any associated converters, equipment, or facilities designed and constructed for the purpose of producing, receiving, amplifying or distributing open video services to or from subscribers or locations within the Town.
Operator. Means any person who provides service over a telecommunications system and directly or through one or more persons owns a controlling interest in such system, or who otherwise controls or is responsible for the operation of such a system.
Overlay Zone. Means a zone which is created and intended to restrict and regulate property and property usage in addition to other zoning requirements.
Outdoor Seasonal Sales. Means a type of temporary use that includes outdoor retail operations such as Christmas tree lots, pumpkin patches, fireworks stands, or other similar seasonal retail uses but not including mobile food vendors, ice cream vendors, or snow shacks.
Outdoor Vending Machines. Means any self-contained or connected appliance, machine, or storage container located outside or in a non-enclosed space that dispenses or provides storage of a product or service; and does not include newspaper racks, phones, and automatic teller machines.
Owner. Means, when applied to a building or land, any part owner, joint owner, tenant in common, joint tenant or lessee of the whole or of any part of such building or land.
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