Fairfield City Zoning Code

   This chapter shall be known and may be cited as the “Fairfield Land Use Code” and may be identified within this chapter and other documents as “the ordinance, “land use ordinance,” “the code” or “Land Use Code.” Any reference in this code to “Fairfield Zoning Code,” “Zoning Code” or “zoning ordinance” shall be deemed to be a reference to this chapter.

(Prior Code, § 10.1.10)

   (A)   This chapter is designed and enacted to implement the goals and objectives of the town’s general plan. In keeping with the general plan, the following goals and objectives define the major purposes of this chapter:

      (1)   To preserve the quiet rural quality of life enjoyed by the residents of the town;

      (2)   To promote farming, ranching, tourism and the development of compatible commercial and home occupations;

      (3)   To preserve the natural beauty, open space, dark skies, clean air and water; to preserve important natural resources; to prevent overcrowding of the land and to minimize congestion on the streets; and to preserve the history of the town;

      (4)   To encourage and facilitate the orderly growth and development of the community;

      (5)   To encourage pride in the town’s appearance and maintenance of the community;

      (6)   To support facilities for education and provide for recreation and cultural activities;

      (7)   To enable the town to efficiently provide adequate public services;

      (8)   To secure economy in governmental expenditures in the process of development; and

      (9)   To enforce the provisions of this chapter and to minimize the exceptions or variances.

   (B)   This chapter is intended to allow development in a manner that encourages the preservation of scenic values and the unique setting and history of the town.

   (C)   This chapter seeks to prevent development that adversely influences existing geologic hazards, erosion, flooding or other conditions that create potential dangers to life and safety in the community or developments that detract from the rural quality of life in the community.

(Prior Code, § 10.1.20)

   All prior land use ordinances are repealed to the full extent of their inconsistency with this chapter.

(Prior Code, § 10.1.30)

   Any use not specifically permitted in this chapter shall be prohibited.

(Prior Code, § 10.1.35) Penalty, see § 154.999

   (A)   In interpreting and applying this chapter, the provisions shall be held to be the minimum requirements needed to promote the public health, safety, morals, convenience, order, prosperity and general welfare of the present and future inhabitants of the town.

   (B)   Where the provisions of this chapter impose a greater restriction than is required by any ordinance, code, regulation, standard or other provisions of law, or by easement, covenant or private agreement, the provisions of this chapter shall govern.

   (C)   The Planning Commission shall have the power to interpret the provisions of this chapter; provided, that the Planning Commission shall consult with the Town Attorney concerning legal issues.

   (D)   (1)   The interpretations shall be consistent with the rules of statutory construction and with the rules of § 154.010 of this chapter.

      (2)   It shall also be consistent over time until changed, in writing, by the Town Council. Such interpretations shall be entitled the weight accorded to administrative interpretations by the courts.

(Prior Code, § 10.1.40)

   This chapter does not nullify easements, covenants, deed restrictions and similar private agreements, but where any such private agreement imposes standards that are less restrictive than those adopted by the town, this chapter shall apply.

(Prior Code, § 10.1.50)

   It is the developer/landowner’s responsibility to demonstrate compliance with this chapter.

(Prior Code, § 10.1.60)

   (A)   The boundaries of the zoning districts are set forth on a map entitled “Zoning Map of the Town of Fairfield, Utah” and adopted by reference as part of this section.

   (B)   This map shall be kept by the Town Recorder/Clerk and maintained as follows.

      (1)   Boundaries; interpretation. Unless otherwise expressly defined on the zoning map, zoning boundary lines are lot lines, section lines and town limit lines. If uncertainty remains as to the boundary of the zone after application of the provisions of this division (B)(1), the Planning Commission will interpret the zone boundary.

      (2)   Amendments. All amendments to the zoning map shall be made by ordinance. The town shall, within a reasonable time after adoption of any such amendment, make approved changes to the official zoning map.

      (3)   Final authority. Whenever amendments or changes are made within zone boundaries, such amendments or changes shall be made on the official zoning map. Regardless of the existence of purported copies of the official zoning map, which may from time to time be made or published, the official zoning map, which shall be located in the Office of the Town Recorder/Clerk and may be available on the town’s website, shall be the final authority in determining current zoning status.

(Prior Code, § 10.1.70)

   This description is intended to provide the reader with some guidance using the terms of this chapter and is not a substitute for the standards, criteria and procedures contained in this chapter.

   (A)   Zoning map. Prior to considering the development or redevelopment of land, an applicant should refer to the official zoning map to determine which base zoning and overlay zones correspond to the property. The official zoning map is available from the Town Recorder/Clerk and may be available on the town’s website.

   (B)   Zoning. 

      (1)   Once the applicant has identified the zoning, the applicant should refer to the subchapter or section which corresponds to the applicable zone(s). Definitions are also found in § 11.01 of this code. The applicant should next refer to the site development and design requirements within the zoning subchapter or section to determine if the property is adequate in size to accommodate the proposed project.

      (2)   The site development and design standards will determine the building setbacks from the property lines, minimum lot area (if any), minimum open space, build-to lines, maximum height, density and parking requirements for buildings and uses on the property and the like.

   (C)   Overlay zones. Some areas are in an overlay zone as well as in base zoning. Once the overlay zone has been identified, the applicant should refer to both the base zoning provisions and the overlay zone provisions that correspond to the overlay zone.

   (D)   Use standards. The applicant should then refer to the use list for the zone. The applicant should first determine if the desired use is allowed in the zone. If the use is allowed as a conditional use, the applicant must apply for and obtain a conditional use permit. Finally, if the use is an existing legal use that is no longer allowed in the zone and there is a proposal to change or modify a structure associated with the use, the applicant must apply for and obtain a variance from the appeal authority.

   (E)   Variances/rezones. If the applicant cannot meet the standards described in this chapter, the applicant should determine whether there are alternative development options or any exceptions to the general rules that may accommodate the project. If the project does not meet the standards and other development alternatives are not possible, then there are two methods available to attempt to vary the standards:

      (1)   The variance process is generally used for existing development or the development of an existing, validly created lot. The appeal authority shall issue a variance upon the applicant’s demonstration that the application meets each variance standard detailed in § 154.086 of this chapter.

      (2)   A petition for rezone is a request to change the development standards for the property in question. The process for requesting a rezone is detailed in § 154.104 of this chapter. Rezones are discretionary legislative acts.

   (F)   Subdivision of land. If the applicant would like to subdivide a piece of property, merge a number of different parcels into one parcel or resubdivide, the applicant shall go through the subdivision process as provided in §§ 154.125 to 154.139 of this chapter.

   (G)   Meanings and intent. All provisions, terms, phrases and expressions contained in this chapter shall be construed according to § 154.005 of this chapter.

   (H)   Headings, illustrations and text. In case of any difference of meaning or implication between the text of this chapter and any heading, drawing, table, figure or illustration, the text shall control.

   (I)   Lists and examples. Unless otherwise specifically indicated, lists of items or examples that use terms such as “including,” “such as” or similar language are intended to provide examples, not to be an exhaustive lists of all possibilities.

   (J)   Computation of time. References to days are calendar days. Exclude the first day and include the last day. If the last day is a Saturday, Sunday or town-observed holiday, that day shall be excluded.

   (K)   References to other regulations, publications and documents. Whenever reference is made to a resolution, ordinance, statute, regulation or document, it shall be construed as a reference to the most recent edition of such regulation (as amended), resolution, ordinance, statute, regulation or document unless otherwise specifically stated.

   (L)   Technical and nontechnical terms. Words and phrases shall be construed according to the common and approved usage of the language, but technical words and phrases that may have acquired a peculiar and appropriate meaning in law shall be construed and understood according to such meaning.

   (M)   Public officials and agencies. All public officials, bodies and agencies to which references are made are those of the town unless otherwise indicated.

   (N)   Mandatory and discretionary terms. The words SHALL, WILL and MUST are always mandatory. The words MAY and SHOULD are advisory and discretionary terms.

   (O)   Conjunctions. Unless the context clearly suggests the contrary, conjunctions shall be interpreted as follows.

      (1)   AND indicates all connected items, conditions, provisions or events apply.

      (2)   OR indicates one or more connected items, conditions, provisions or events may apply.

   (P)   Tenses and plurals. Words used in one tense (past, present or future) include all other tenses unless the context clearly indicates the contrary. The singular includes the plural and the plural includes the singular.

(Prior Code, § 10.1.80)

   This chapter is written to harmonize with federal, state and town laws. To the extent a provision of this chapter conflicts with a federal, state or local law or private contract, the following rules apply.

   (A)   Conflict with state or federal regulations. If the provisions of this chapter are inconsistent with those of the state or federal government, the more restrictive provision will control, to the extent permitted by law.

   (B)   Conflict with other town regulations. If the provisions of this chapter are inconsistent with one another or if they conflict with provisions found in other adopted ordinances, resolutions or regulations of the town, the more restrictive provision will apply.

   (C)   Conflict with private agreements. It is not the intent of this chapter to interfere with, abrogate or annul any easement, covenant, deed restriction or other agreement between private parties.

      (1)   If the provisions of this chapter impose a greater restriction than imposed by a private agreement, the provisions of this chapter will apply.

      (2)   If the provisions of a private agreement impose a greater restriction than this chapter, the provisions of the private agreement will control. The town shall not be responsible for monitoring or enforcing private agreements.

(Prior Code, § 10.1.90)

   (A)   Amendments. The town may alter certain private property rights by amending this chapter from time to time.

   (B)   How rights vest. Certain private property rights shall become fixed at law and may not be altered for a period of time upon an applicant’s:

      (1)   Submission of a complete application to develop property that is consistent with this chapter; and

      (2)   Payment of all applicable permit fees.

   (C)   What rights vest.

      (1)   (a)   The applicant’s rights vest under this chapter in those rights for which the applicant has applied; for example, if the applicant has applied for a subdivision and has “vested rights” pursuant to the applicant’s rights vested under the subdivision ordinance, and the applicant is entitled to the benefit of subdivision regulations in effect at the time of vesting.

         (b)   An applicant’s vested rights under the subdivision ordinance, however, do not vest the applicant under an adopted building, fire or plumbing code if the applicant has not submitted a complete application nor paid applicable fees.

      (2)   Applications shall not vest if:

         (a)   Pending revisions. Revisions to this chapter are pending at the time of application which would prohibit or further condition the approval sought; or

         (b)   Health and safety. There exists a compelling and countervailing health, safety or welfare reason.

   (D)   Preservation of vested rights; compliance with conditions of approval. An applicant with vested rights must comply with and maintain all conditions of final approval to preserve the vested rights. An applicant’s failure to meet or maintain conditions of approval constitutes the applicant’s knowing and willful waiver of the applicant’s vested rights.

   (E)   Applicability of ordinances that are general in nature. The establishment of a vested right shall not preclude the application of town ordinances or regulations that are general in nature, applicable to all property subject to land use regulation and necessary to preserve the health, safety or welfare of the community.

(Prior Code, § 10.1.100)

   (A)   Authorized; submit to Planning Commission.

      (1)   The Town Council may amend the number, shape, boundaries or area of any zone, or any regulation of or within any zone or zones, or any other provisions of this chapter.

      (2)   A legislative body may not make any amendment authorized by this section unless the legislative body first submits the amendment to the Planning Commission for the Planning Commission’s recommendation.

   (B)   Appeal of denial. Zoning amendment applications denied by the Planning Commission may be appealed to the appeal authority. Any such appeals must be made within ten calendar days of the date of the Planning Commission’s decision. The appeal authority shall then make the final decision.

   (C)   Denial to reclassify. Denial of an application to amend the zoning map to reclassify any parcel or property shall prohibit the filing of another application to amend the zoning map to reclassify the same parcel of property, or any portion thereof, to the same zone classification within one year from the date of the final denial of the previous application unless the Planning Commission finds that there has been a substantial change in the circumstances, or sufficient new evidence since the denial of the previous application, to merit consideration of a second application within the one-year time period.

(Prior Code, § 10.1.110)

   (A)   Determination by the Building Department.

      (1)   No building shall be occupied or used until a certificate of occupancy has been issued by the Town Building Department.

      (2)   Prior to issuing a certificate of occupancy, the Building Inspector shall determine:

         (a)   All construction has been completed as authorized by a valid building permit;

         (b)   The establishment of the use is authorized as provided by valid approvals; and

         (c)   The building and use comply with all approvals, permits and licenses as required by this chapter and all other applicable requirements.

   (B)   Unlawful without certificate.

      (1)   It is unlawful to use or occupy, or to permit the use or occupancy of, any building or structure unless a certificate of occupancy has been issued for such building or structure as required by this section.

      (2)   It is unlawful to use or occupy, or to permit the use or occupancy of, any building or structure with a use or occupancy different from that provided by the certificate of occupancy. Failure to obtain a certificate of occupancy shall be a violation of this chapter.

   (C)   Public nuisance declared.

      (1)   The use or occupancy of any building, structure or premises for which a certificate of occupancy has not been issued is hereby declared to be a public nuisance and may be cited and abated as such.

      (2)   It shall also be a public nuisance for any building, structure or premises to be used or occupied in a manner different than authorized by a certificate of occupancy.

(Prior Code, § 10.1.120) Penalty, see § 154.999

   (A)   Any development proposed within the town boundaries shall assume all costs related to such development. DEVELOPMENT, in this sense, includes individuals as well as a developer.

   (B)   Development requirements shall include, but not be limited to:

      (1)   Supplying adequate water rights for the development;

      (2)   Providing means to irrigate the entire acreage, where applicable;

      (3)   Installing all required utilities;

      (4)   Bringing roads up to the town’s road standards;

      (5)   Road connectivity;

      (6)   Providing open space to the extent it is required by the governing body;

      (7)   Protecting vistas that are important to the citizens of the town; and

      (8)   Controlling drainage water created by development on the developed property.

(Prior Code, § 10.1.130) (Ord. 03142023-2, passed 3-14-2023)

   This chapter and the various parts, sections and subchapters are hereby declared to be severable, except the provisions relating to large-scale developments; otherwise, if any part, section, paragraph, sentence, clause or phrase is adjudged unconstitutional or invalid, it is declared that the remainder of the chapter shall not be affected. The Town Council declares that it would have passed this chapter and each part, section, paragraph, sentence, clause and phrase irrespective of the fact that any one or more portions may be declared invalid.

(Prior Code, § 10.1.140)

   For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

   ACCESSORY STRUCTURE. A subordinate building located on the same lot as the principal use, used for purposes customarily incidental to the main building.

   AGRICULTURE INDUSTRY. The commercial production, processing or packaging of agricultural products, including crop cultivation, animal husbandry and related activities.

   ANIMAL HUSBANDRY. The practice of breeding, raising and caring for animals for agricultural, commercial or scientific purposes. This includes livestock such as cattle, sheep, goats, pigs, poultry and other domesticated farm animals. ANIMAL HUSBANDRY activities must comply with local zoning regulations, environmental standards and best practices for animal welfare, waste management and noise control.

   AUTOMOTIVE REPAIR ESTABLISHMENT. A facility engaged in the repair, maintenance or servicing of motor vehicles, including mechanical and bodywork repairs.

   BASE ZONING DISTRICT. A zoning district established in this chapter that prescribes primary land use regulations and development standards for a specific geographic area of the town.

   CERTIFICATE OF OCCUPANCY. A document issued by the Building Department certifying that a structure or building has been inspected and complies with all applicable building codes, zoning ordinances and other regulations, and is therefore approved for occupancy.

   COMMERCIAL GREENHOUSE. A facility used for the propagation, cultivation or production of plants for commercial sale, typically requiring controlled environmental conditions.

   CONDITIONAL USE. A land use that is permitted within a zoning district subject to review and approval by the town due to potential impacts, and which may require conditions to mitigate negative effects on surrounding properties.

   CONTRACTOR YARD. A site used for the storage of equipment, materials and vehicles related to construction, landscaping or trade services.

   DEVELOPMENT. Any human-made change to improved or unimproved real estate, including, but not limited to, the construction or expansion of buildings or other structures, site improvements, grading, subdivision or changes in land use.

   DEVELOPMENT STANDARDS. Regulations applicable to a specific property or project, including, but not limited to, lot size, building setbacks, height limitations, parking requirements, open space, landscaping and utility infrastructure.

   FLEX-SPACE STRUCTURE. A building designed for mixed industrial and office use, accommodating a variety of business operations.

   GENERAL PLAN. The official document adopted by the town that outlines long-range goals, policies and objectives for land use, housing, transportation, public facilities and other areas relevant to community development.

   HYDROPONIC GREENHOUSE. A facility where plants are grown without soil using nutrient-rich water solutions, typically requiring controlled environmental systems.

   IMPERVIOUS SURFACE. Any surface that prevents or significantly impedes water absorption into the ground, including pavement, buildings and concrete areas.

   INDOOR SHOOTING RANGE.

      (1)   A fully enclosed facility designed and constructed for the safe discharge of firearms for recreational shooting, training or competition. The facility must be built to contain all fired rounds, mitigate noise impacts and comply with all federal, state and local safety standards.

      (2)   INDOOR SHOOTING RANGES may include firearm rental, ammunition sales, classroom instruction and related retail components, provided they meet all applicable licensing and zoning requirements.

   INDUSTRIAL OUTDOOR STORAGE. The open-air storage of equipment, materials or products associated with an industrial business, requiring screening and environmental controls.

   LAND USE CODE. Also referred to as “this code,” “the ordinance” or “land use ordinance,” this chapter, which governs zoning, development and land use activities within the town.

   LIGHT ASSEMBLY AND PACKAGING. The production and assembly of small-scale products using pre-manufactured components, including packaging for distribution.

   MICROBREWERY AND DISTILLERY. A facility producing alcoholic beverages in small batches, often including on-site tasting rooms and retail sales.

   OVERLAY ZONE. A zoning district that is superimposed over one or more base zoning districts, establishing additional regulations or allowances that modify or supplement those of the underlying district(s).

   PERMEABLE PAVEMENT. A paving system that allows water infiltration, reducing stormwater runoff and supporting groundwater recharge.

   PLANNING COMMISSION. The advisory body appointed by the Town Council with the responsibility to review and make recommendations on land use matters, interpret zoning ordinances and guide orderly growth and development in accordance with the general plan.

   RETENTION BASIN. A stormwater management feature designed to hold water permanently or for an extended period to reduce flooding and improve water quality.

   REZONING. The legislative process by which the zoning designation of a specific parcel of land is changed by ordinance.

   SHOWROOM AND SALES CENTER. A facility designed for the display and retail sale of large or specialized products, such as vehicles, appliances or industrial equipment.

   SITE PLAN. A detailed plan, drawn to scale, showing the proposed layout and design of a development, including building locations, access, parking, landscaping, drainage and other required improvements.

   STORMWATER DETENTION SYSTEM. An engineered system designed to temporarily store stormwater and release it gradually to prevent flooding.

   SUBDIVISION. The division of a tract or parcel of land into two or more lots, sites or other divisions for the purpose of sale, lease or development.

   TELECOMMUNICATIONS FACILITY. A structure designed for the transmission and reception of telecommunications signals, typically including antennas, towers or satellite dishes.

   USE. The purpose or activity for which land or buildings are designed, arranged, intended, occupied or maintained.

   VESTED RIGHT. A legally recognized right to proceed with a development project under the zoning regulations in place at the time a complete application and required fees are submitted, as defined by state law.

   WAREHOUSE STORAGE UNITS (COMMERCIAL). A facility used for the storage and distribution of goods for commercial and industrial purposes, not including self-storage facilities for individual use.

   ZONING MAP. The official map adopted by the town that delineates the boundaries of zoning districts and reflects all amendments and current zoning classifications.

(Prior Code, Chapter 10.1)