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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.
Reception Center. Means an establishment with facilities that are rented for either private or public gatherings which may also provide catering or entertainment services.
Recreation Center. Means an establishment providing a variety of commercial recreation activities that are enclosed within a structure along with outdoor activities including one or more of the following: bowling, roller or ice skating, arcade games, billiards, miniature golf, amusement rides, slides and swimming pools, and related amusements; and may include ancillary uses, such as the preparation and serving of food or the sale of equipment related to the enclosed uses.
Recreation Rentals. Means an establishment that specializes in the rental of outdoor recreation equipment or similar items and accessories.
Recreational Camps and Resorts. Means cabin sites and commercial outdoor recreation establishments.
Recreational Resort. Means a type of large scale development providing accommodations for owners and guests, which include some of the following activities (but not limited to): skiing, hunting, fishing, golfing, horseback riding, swimming, sight-seeing, dining, and lodging.
Recreational Vehicle" or "RV". Means a vehicular-type unit primarily designed as temporary living quarters for recreational, camping, travel or seasonal use that either has its own motive power or is mounted on, or towed by, another vehicle. The basic types of RV entities are: camping trailer, fifth wheel trailer, motor home, park trailer, travel trailer, truck camper, and tiny house trailer which are individually defined as follows:
Recreational Vehicle Court/Park. Means an area or tract of land used to accommodate two or more recreational vehicles or camper units for a short period of time (less than 45 days).
Recreational Vehicle Sales. Means an establishment that sells motor homes, all-terrain vehicles, snowmobiles, watercraft, and other similar vehicles and accessories.
Recycling Facility. Means a location whose primary use is where waste or scrap materials are stored, bought, sold, accumulated, exchanged, packaged, disassembled, or handled, including scrap metals, paper, rags, tires, bottles, and other such materials.
Request for Proposals. Means all documents, whether attached or incorporated by reference, used for soliciting proposals.
Research and Development. Means an establishment which conducts research, development, or controlled production of high technology electronic, industrial, or scientific products or commodities for sale; or laboratories conducting educational or medical research or testing. Research and development uses, including medical or electronic assembly and manufacturing; any use engaged in research and development, testing, assembly, repair, and manufacturing in the following industries: biotechnology, pharmaceuticals, medical instrumentation or supplies, communications and information technology, electronics and instrumentation, and computer hardware and software; and includes as part of this use any offices, warehousing, wholesaling, and distribution of the finished products produced at the site
Reseller. Means any person that provides local exchange service over a system for which a separate charge is made, where that person does not own or lease the underlying system used for the transmission.
Resident. Means any member of a household whose primary place of residence within the Town of Fairfield meets the Utah State standard defining a resident. Excepting therefrom any health impaired individuals who resided in the Town of Fairfield immediately prior to moving into a care facility due to varying factors and must live in a care facility, including family members homes, outside the Town of Fairfield.
Residential Day Care Center. Means a building containing a dwelling unit and associated facilities wherein ordinary board, care and supervision are provided during customary daytime periods by the resident family to not more than six (6) people who are not related to such family. To qualify, the center must be approved for such use by the State Department of Social Services.
Residential Density. Means the average number of dwellings on one acre of land in a given area. Net residential density is determined by dividing the total number of dwellings in a defined area by the total acreage of all parcels of land within the area that are used exclusively for residential and accessory purposes. Gross residential density is obtained by dividing all land in a defined area used for residences, streets, sidewalks, park strips, landscaped islands, local schools, local parks, and local shopping facilities, into the total number of dwellings in said area.
Residential Facility for Elderly Persons. Means housing that provides a program of independent or assisted services to deal with the activities and instrumental activities of daily living for the elderly.
Residential Facility for Persons with a Disability. Means a residence that meets the definition of Utah Code Section 10-9a-103; b. treats persons with a “disability” as defined in Utah Code Section 10-9a-103;
Restaurant, Casual. Means an establishment where foods or beverages are prepared for consumption that occurs in the building, on the premises, within a motor vehicle parked on the premises, or off-premises; and whose operation includes one or more of the following characteristics:
food or beverages are served to the occupants of a motor vehicle (e.g., drive-through window or drive-in); and food and beverages are usually served over a general service counter whether or not there is a seating area within the restaurant.
Restaurant, Deli. Means a shop, store, or business no larger than 2,000 square feet selling primarily meats, cheeses, and sandwiches with limited onsite seating and more than 50% of business typically consisting of take-out.
Restaurant, Sit Down. Means an establishment that provides, as a principal use, foods and beverages prepared for consumption within or without the establishment with no drive-up or drive-through window or drive-in and whose operation includes the following characteristics: customers are customarily served their food or beverage by a restaurant employee at the same table or counter at which said items are consumed; and a restaurant employee customarily clears the table of trash and food; and take-out service may be provided so long as it is not the principal business of the establishment and no drive-up or drive-through window, or drive-in, is utilized.
Restrictive Covenant. Means a limitation on the use of land usually set forth in the deed. (Restrictive covenant usually runs with the land and is binding upon subsequent owners of the property).
Retail. Means the sale of commodities or goods in small quantities to ultimate consumers; A place of business devoted in whole or in part to the sale, rental or servicing of goods or commodities which are normally delivered or provided on the premises to a consumer.
Retail, Big Box. Means a singular retail or wholesale use, which occupies no less than 50,000 square feet of gross floor area, that may require high parking to building area ratios; have a regional sales market; and include regional retail or wholesale sales; and membership warehouse clubs that emphasize bulk sales, discount stores, and department stores
Retail, Specialty. Means retail operations that specialize in one type or line of merchandise; and may include apparel stores, jewelry stores, bookstores, shoe stores, stationary stores, antique stores, and similar establishments.
Retail, Tobacco Specialty Store. Means a commercial establishment in which the sale of tobacco products accounts for more than 35% of the total annual gross receipts for the establishment; food and beverage products, excluding gasoline sales, is less than 45% of the total annual gross receipts for the establishment; and the establishment is not licensed as a pharmacy under Utah Code Title 58, Chapter 17b, Pharmacy Practice Act.
Retail, Variety Store. Means a store retailing a diversified offering of several categories of goods.
Riding Arena, Commercial. Means commercial roping and riding arenas (unlighted), as well as commercial roping and riding arenas (lighted) which may or may not be totally enclosed within a structure.
Riding Arena, Private. Means an animal enclosure included within a barn or in an open corral, for the purpose of carrying out activities related to the training of horses, riding schools, and other equestrian skills, but not including any use for commercial entertainment.
Rights-of-way. Means the surface of and the space above and below any public street, sidewalk, alley, or other public way of any type whatsoever, now or hereafter existing as such within the Town.
Road, Private. Means a thoroughfare, held in private ownership and controlled by one or more persons, firms or corporations, and used or held for use primarily as a means of access to adjoining properties.Roadside Stand. Means a temporary stand or structure for retail sales.
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