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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.
Parcel. Means the entire legal description of the property.
Parcel of Land. Means a contiguous quantity of land in the possession of, or owned by, or recorded as the property of, the same owner.
Parking Lot. Means an open area, other than a street, used for the temporary parking of more than four (4) automobiles and available for public use, whether free, for compensation, or as an accommodation for clients or customers.
Parking, Off-Street. See “Off-Street Parking”.
Parking Space. Means a space not less than fifteen (15) feet in length nor less than seven and one-half (7.5) feet in width for compact auto spaces and not less than eighteen (18) feet in length, nor less than eight and one-half (8.5) feet in width for full size auto spaces. Compact auto spaces may comprise no more than thirty five percent (35%) of the total parking provided.
Parking Strip. Means the strip of land located within the public right of way between the edge of a lot or parcel and the curb and gutter, or the edge of the sidewalk and the curb and gutter, whichever measurement is farther from the curb.
Pasture. Means an enclosure for animals in which no feed is provided except that which the animals obtain by grazing.
Parks, Playgrounds or Community Recreation. Means any of the following recreational land uses, which are easily accessible to residents depending on the local needs:
1. Areas of natural quality set aside for outdoor recreation such as viewing, sitting, and picnicking
2. Arenas
3. Athletic fields
4. Community centers
5. Golf courses
6. Parks
7. Playgrounds
8. Recreation center buildings
9. Sports facilities
10. Swimming pools
11. Tennis courts
12. Walking and jogging tracks and
13. Any similar public use areas or buildings that provide recreational opportunities.
Pawn Shop. Means an establishment primarily engaged in the loaning of money on the security of property pledged in the keeping of the pawnbroker, and the sale of such property.
Pending Ordinance. Means a Town Code, Zoning Map, or General Plan amendment that has been reviewed by the Planning Commission in an open and public meeting and a recommendation has been forwarded to the Town Council; or been first reviewed by the Town Council and has been included or attached to a resolution indicating the Council’s intent to initiate proceedings to amend. A pending ordinance or change to the code is binding on any land use application or building permit application filed with the Town prior to final approval of the pending ordinance by the Town Council. If the town's actions meet this definition, the town’s actions shall satisfy the requirements of Utah Code § 0-9a-509 as initiating a formal proceeding to amend this Title.
Performance Bond. Means a document meeting the requirements of the code and guaranteeing completion of any improvements required by the town and accompanied by a Bond Agreement; in an amount as specified in the code; on forms approved by the Town; and having the form of an escrow bond 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.
Person. Means an individual, public or private corporation, government, partnership, organization,trust, unincorporated association, or any other legal entity.. See Ut. St.. Code. 76-1-601(11, 10-9a-103(48).
Personal Service Establishment. Means an establishment which offers specialized goods and services to consumers including barbershops, beauty shops, massage facilities, garment repair, pressing, tailoring, shoe repair, and other similar establishments.
Personal Services. Means establishments primarily involved in providing personal grooming and related services; and includes, but is not limited to, barbershops, beauty parlors, and tailors, but does not include laundries or dry cleaners.
Personal Wireless Services Facilities. Means the same as definition as provided Section 704 of the Act, which includes what is commonly known as cellular and PCS services that do not install any system or portion of a system in the rights-of-way.
Phantom Roads as referred to by Fairfield Town. Means all roads that were on the original Fairfield plat map and were held in trust by the United States government until Fairfield became a town. Fairfield maintains rights of ownership of such roads.
Place of Business. Means a location maintained or operated by a person within the Town limits from which a business activity is conducted or transacted.
Planned Performance Development. Means a development that is encouraged to use imaginative, efficient utilization of land as well as consolidation of open spaces and clustering of the dwelling units. Density in the Planned Performance Development is determined by additional amenities and open space.
Planning Commission. Means the Town of Fairfield Planning Commission.
Planning Director. Means the employee, contractor, individual, or firm responsible for all municipal planning activities including long-range land use planning, ordinance preparation, administration and enforcement of the land development code, land use interpretation, development review, coordination with the Town Planning Commission, and any other responsibilities required by the Town relating to planning and development. Currently being taken care of by the Planning and Zoning Commissioner.
Plant and Tree Nursery. Means a facility used for the growing and the wholesale or retail sale of plants, trees, shrubs, flowers, ground covers, etc. and may also include sales of related products, including fertilizers, mulch, landscape decoration, etc.
Plat. Means a map or other geographical representation of lands being laid out and prepared in accordance with LUDMA.
Plat, Final. Means a drawing prepared in accordance with the Land Use Ordinances showing the final design of a land division and complying with all standards and requirements of best surveying practice and in a form required by the Utah County Recorder’s Office for recordation.
Postal Center. Means a facility that contains service windows for mailing packages and letters, post office boxes, offices, vehicle storage areas, and sorting and distribution facilities for mail.
Preliminary Plat. Means the initial formal plat of a proposed land division or subdivision containing the information required by this Code.
Premises. Means a lot, together with any buildings and structures located thereon.
Premises Occupation. Means a domestic manufacturing, artistry, or service business (but not the sale of goods produced off-site) which is carried on in an accessory building on the same lot as a residence by persons residing on the premises.
Preschool. Means a preschool, also known as nursery school, pre-primary school, or play school, is an educational establishment or learning space offering early childhood education to children for a fee before they begin compulsory education at primary school.
Primary Building. Means the principal building located on a lot, parcel, or tract of land and designed or used to accommodate the primary use.
Primary Lot. Means the lot on which the residence will be built.
Primary Use. Means the principal purpose for which a lot, parcel, tract, or building is designed, arranged or intended, or for which it is occupied or maintained.
Printing, Lithography and Publishing Establishment. Means any commercial printing operation involving a process that is considered printing, imprinting, reproducing, or duplicating images and using printing methods including offset printing, lithography, web offset, flexography, and screen process printing.
Private Improvements. Means any open space, park space, club house, pool, tot lot, gazebo, picnic area, trails, or any other privately owned and maintained improvement provided in connection with subdivision, Conditional Uses, or site plan approval.
Private Road. See “Road, Private.”
Procurement. Means buying, purchasing, renting, leasing with an option to purchase, or otherwise acquiring any supplies, services or construction.
Produce Stand. Means a temporary roadside building or structure used for the seasonal retail sales of unprocessed fresh fruits, vegetables, flowers, herbs, plants, and other unprocessed agricultural food products. May also include cottage products produced from these agricultural food products such as honey, jam, and applesauce.
Prohibition of Unlawful Noise. Means it is unlawful for any person to produce, continue, or cause to be produced or continued, any noise disturbance (as defined in this chapter) within the limits of the Town.
Project Plan. Means a map prepared by a licensed Engineer, Surveyor, Landscape Architect, or Architect that illustrates the basic components of a proposed development; and submitted with Conditional Use applications in cases where the submittal of a Site Plan is not required.
Property. Means any lot, parcel, or tract of land, including improvements thereon, and recorded as real property in the Office of the Utah County Recorder.
Property Boundary. Means an imaginary line extending perpendicular to the ground surface, and its above-ground vertical extension, that identifies the line between the real property owned by one person or entity and that adjoining property owned by another.
Property Line. Means the boundary line of a lot, parcel, or tract.
Property Owner. Means the owner in fee simple of real property as shown in the records of the Utah County Recorder’s Office and includes the plural as well as the singular, and may mean either a natural person, firm, association, partnership, trust, private corporation, limited liability company, public or quasi-public corporation, other entities authorized by the State of Utah, or any combination of the foregoing.
Protected Open Space. Means open space that is either placed in a conservation easement or listed as unbuildable on the recorded plat.
Provider. Means an operator, infrastructure provider, resaler, or system lessee.
PSC. Means the Public Service Commission, or any successor thereto.
Public. Means that which is under the ownership or control of the United States Government, Utah State or any subdivision thereof, Utah County, or the Town of Fairfield (or any departments or agencies thereof).
Public Body. Means the Town Council, Planning Commission, Cemetery Board or any other public board, commission or committee that the Town Council may create.
Public Building or Facilities (Town owned). Means uses which may be housed in separate buildings or which may occupy a space within a building that are operated by the Town of Fairfield to serve public needs; and public uses such as police, jail, fire service, ambulance, judicial court, government offices, library, cultural facility, recreation center, senior center, public utility stations, and maintenance facilities.
Public Hearing. Means a hearing at which citizens, land owners and other interested parties are provided a reasonable opportunity to express their position on specific issues, both pro and con, as mandated by either statute or by order of proper authority after due notice.
Public Improvement. Means any street dedications, installations of curb, gutter, sidewalk, road base and asphalt, water, sewer, and storm drainage facilities, or other utility or service required to provide services to a lot, parcel, building, or structure.
Public Meeting. Means a meeting that is required to be open to the public under State Code Title 52, Chapter 4, Open and Public Meetings Act.
Public Park. Means a landscape park which is owned or leased by a federal or state agency, a town or town government, or county government and which is operated under the aegis of such agency or government for public use.
Public/Private Utility Building or Facility. Means a building or structure used or intended to be used by any public or private utility, including any:
1. Gas treatment plant reservoir, tank, or other storage facility;
2. Water treatment plant, well, reservoir, tank, or other storage facility;
3. Electric generating plant, distribution, or transmission substation;
4. Telephone switching or other communications plant, earth station, or other receiving or transmission facility;
5. Storage yard for public or private utility equipment or vehicles; and any parking lot for parking vehicles or automobiles to serve a public or private utility.
Public Record. Means any record retained by a government body as further defined by statute and open to inspection.
Public Right-of-Way. Means a road, street, alley, lane, court, place, viaduct, tunnel, culvert, or bridge laid out or erected as such by the public, or dedicated or abandoned to the public, or made such in any action by the subdivision of real property, and includes the entire area within the right-of-way.
Public Street. See Street, Public.
Public Thoroughfare. Means any Town street; county, state or interstate road; or other road upon which the public has a right to travel.
Public Use. Means a use operated exclusively by a public body or quasi-public body, such use having the purpose of serving the public health, safety, or general welfare, and including streets, parks, recreational facilities, administrative and service facilities.
Public Works Representative. Means the individual over the Roads Department.
Purchase Description. Means the words used in a solicitation to describe the supplies, services or construction to be purchased, and includes specifications attached to or made a part of the solicitation.
Purchasing Agent. Means the person duly authorized by the Town Council to enter into and administer contracts and make written determinations with respect thereto.
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