ACCESSORY BUILDING, OCCUPIED: A building on the same lot as the principal building, and that is:
A. Clearly incidental to, and customarily found in connection with, such principal building.
B. Operated and maintained for the benefit of the principal use; and
C. A dwelling unit or home office.
ACCESSORY BUILDING, UNOCCUPIED: A building on the same lot as the principal building, and that is:
A. Clearly incidental to, and customarily found in connection with, such principal building.
B. Operated and maintained for the benefit of the principal use; and
ATHLETIC CLUB: An establishment providing facilities for physical development, exercise, sports, or recreation. Facilities may include exercise equipment, indoor and/or outdoor racquetball or tennis courts, jogging track, swimming pools, ice skating rink, indoor bathing, restaurant or snack bar, and sales of athletic equipment. Facilities may be open to the public for a fee, or available only to persons holding membership.
AUTOMOTIVE REPAIR ESTABLISHMENT: An establishment primarily engaged in the repair or maintenance of motor vehicles, trailers, and similar large mechanical equipment. Establishments involving auto-body repair and painting services will require a conditional use permit. Not included are automotive salvage yards.
AUTO, TRUCK, RECREATIONAL VEHICLE AND EQUIPMENT SALES AND RENTAL: Sales of both new and used motor vehicles and equipment stored and displayed both indoors and on outside lots, but not to include non-serviceable or junk vehicles or equipment.
AUTOMOTIVE SELF-SERVICE STATION: An establishment for the retail sale of automobile fuels and lubricants at which the customer provides the service to his own vehicle, and at which no vehicle repair or maintenance service is offered. Such an establishment may offer for sale at retail other convenience items as a clearly secondary activity. Stations located at interstate exchanges catering to semitrucks, which also include accommodations for truckers, also known as truck stops, require a conditional use permit. Automotive self-service Station includes establishments for the retail sale of gasoline, natural gas, and propane, but specifically excludes electric vehicle charging stations.
AUTOMOTIVE SERVICE STATION: An establishment whose primary purpose is the retail sale of gasoline or other motor vehicle and related fuel, oil, or lubricant. Secondary activities may include minor automotive repair, maintenance, or an automatic car wash. Automotive service station includes establishments for the retail sale of gasoline, natural gas, and propane, but specifically excludes electric vehicle charging stations.
BANKING OR FINANCIAL SERVICE: A bank, credit union, savings and loan association, or other establishment with a primary purpose of receiving, lending, exchanging, or safeguarding money, or performing financial advisory services. This definition shall include outside drive-up facilities for service to customers in automobiles.
BAR, TAVERN, LOUNGE AND CLUB: An establishment intended primarily for the on-premises sale and consumption of alcoholic beverages, open either to the public or operated as a nonprofit private club for members only.
BED AND BREAKFAST: A building where, for compensation, meals and lodging are provided for at least five (5) but not more than fifteen (15) persons.
CHILDCARE CENTER: A business providing for the childcare of sixteen (16) or fewer children, including the provider's children who are twelve (12) years of age or under, within the provider's home.
CHILDCARE FACILITY: Any business providing for childcare which does not qualify as a childcare center.
CHURCH: A building set apart primarily for the purpose of worship in which religious services are held and with which clergy is associated, the main body of which is kept for that use and not put to any other use inconsistent with its primary purpose, and which is tax exempt under the laws of the State of Utah.
CINEMA, INDOOR: An enclosed building used primarily for the presentation of motion pictures.
CINEMA, OUTDOOR: An establishment at which motion pictures are projected onto an outdoor screen for viewing by patrons seated in parked motor vehicles.
CIVIC CLUB, FRATERNAL ORGANIZATION: A building or use, other than a church or school, operated by a nonprofit association or organization for a social, fraternal, political, civic, or philanthropic purpose, which may include a meeting hall and cooking and dining facilities for large groups, but shall not provide overnight lodging.
CONVENIENCE GOODS SALES AND SERVICES: Stores or shops intended for retail sales of convenience goods or performance of convenience services. Goods and services regarded as convenience are those generally needed for daily home consumption and for which locations near residential neighborhoods are considered desirable. This category includes grocery store, drug store, variety store, personal service, hardware store, dry cleaning pick up, and uses considered similar and compatible.
CULTURAL, CIVIC SERVICES: A building primarily used for the public, nonprofit display of art, historic or cultural artifacts, or other inanimate exhibits, or a building primarily used as a lending library or reading room.
DRY CLEANING ESTABLISHMENT: An establishment employing volatile or explosive substances for the cleaning or dyeing of fabrics. Excluded from this definition are traditional laundries employing water and soaps in the cleaning of fabrics and patron-operated dry-cleaning machines associated with laundromats.
DWELLING, SINGLE-FAMILY: A building arranged or designed to be occupied by one family, the structure having only one dwelling unit.
FIREWORKS SALES/STANDS: The temporary display and sale of legally allowed fireworks. This use requires a business license and a temporary permit issued from the Fillmore City Fire Chief or his/her designee after the business has had a satisfactory fire inspection.
GENERAL MERCHANDISE SALES AND RELATED SERVICES: Stores, department stores, or shops intended for the sale of goods or merchandise, but not including convenience goods, liquor, motor vehicles, campers, trailers, or lumber.
HEALTHCARE CENTER (CONVALESCENT CENTER): A publicly or privately operated facility, other than a hospital, intended for the long-term, inpatient care of human illness or infirmity, including the elderly and developmentally disabled, normally employing the services of skilled and licensed practitioners.
HEAVY/FARM EQUIPMENT SALES: Vehicles or equipment in excess of one ton used in farming, construction, or other related services.
HOME OCCUPATION: An occupation carried on by the occupant of a dwelling as a secondary use in connection with which there is no display other than that provided in Fillmore City ordinance with relation to signs, no stock in trade, no person employed other than members of the family residing on the premises, and no power tools used requiring a motor in excess of one horsepower. A home occupation requires an administrative conditional use permit issued by the Land Use Authority.
HOSPITAL: An institution designed for the diagnosis, treatment, and care of human illness or infirmity and providing health services, primarily for in-patients, and including, as related facilities, laboratories, out-patient departments, training facilities, and staff offices, but not including clinics or healthcare centers.
HOTEL: A building designed or occupied as the more or less temporary abiding place of fifteen (15) or more individuals who are, for compensation, lodged, with or without meals.
INTERMITTENT USE: A temporary business of selling and delivering goods, wares, and merchandise within Fillmore City.
LAUNDROMAT: An establishment in which patrons wash, dry, or dry clean clothing and other fabrics in coin-operated, self-service machines.
LINEN SERVICE: A service whereby materials, including but not limited to linens, textiles, and uniforms, are collected, rented, cleaned, and delivered.
LIQUOR STORE: A retail sales store authorized by the Utah Alcoholic Beverage Control Commission to sell packaged alcoholic beverages for off-premises consumption.
LUMBER SALES AND STORAGE: The sale and display of lumber and building supplies, including the outside storage of lumber and related merchandise.
MENTAL HEALTH CENTER: A publicly or privately operated facility, intended for the diagnosis and treatment of mental or emotional disorders.
MILITARY SURPLUS GOODS/STORE: New or used military equipment, vehicles, or supplies, which are available for resale to the general public.
MORTUARY, FUNERAL HOME: An establishment in which the human dead are prepared for burial or cremation. The facility may include a chapel for the conduct of funeral services, spaces for informal gatherings, and related accessory uses.
MOTEL: A building or group of buildings containing individual sleeping units designed and used primarily for the accommodation of transient automobile travelers and with automobile parking immediately accessible.
MUSEUM: A building or institution in which objects of historical, scientific, artistic, or cultural interest are procured, studied, stored, and exhibited.
NURSERY: A business that grows, cultivates, and/or distributes and sells plants and other landscaping or horticulture-related items.
OFFICE, BUSINESS OR GOVERNMENT: A place intended for the conduct of administration or services by a business enterprise or unit of government.
OFFICE, PROFESSIONAL: A place intended for the conduct of a recognized learned profession. Such uses include offices or clinics devoted to the treatment and care of human illness or injury (medical, dental, chiropractic offices, massage therapist, and similar uses). Other professions so defined would include, but not be limited to, accountants, architects, engineers, and lawyers. Office, professional may be conducted in allowed zones of the zoning matrix and may be conducted as a home occupation, provided they meet the criteria for home occupation, under an administrative conditional use permit in zones where home occupation is allowed. Definition does not allow for inpatient care facilities or sexually oriented businesses.
OUTDOOR RECREATION, PARK OR PLAYGROUND (PUBLIC OR PRIVATE): An area free of buildings except for restrooms, dressing rooms, equipment storage and maintenance buildings, and open-air pavilions and used primarily for recreation activities not involving motor vehicles or overnight use.
PAWNSHOPS: A business dealing in or collecting used or secondhand merchandise or personal property, which has been legitimately obtained.
PERSONAL SERVICES: Establishments primarily involved in providing personal grooming and related services. This definition shall include barbershops, beauty parlors, hair salons, ear piercings, tailors or massage services, but not laundries, dry cleaners, or other body piercings. This definition also includes services for permanent facial cosmetics of the eye, brow, and lip only, that are a form of tattooing, and subject to all licensing requirements of a tattoo parlor. This use must be in conjunction with a licensed provider and a commercial beauty parlor or hair salon, but not as a home occupation.
PET GROOMING: The grooming of small pets, such as dogs and cats, provided, that no more than five (5) animals may be on the premises at one time and that no lodging of animals is allowed.
PUBLIC RIGHT-OF-WAY: An area of land that is legally described in a registered deed for the provision of public access.
PUBLIC SERVICE: Uses, which may be housed in separate buildings, or which may occupy a space within a building, that are operated by a unit of government to serve public needs, such as police (with jail), fire service, ambulance, Post Office, or Judicial Court, but not including public utility stations or maintenance facilities.
PUBLIC UTILITY STATIONS: A structure or facility used by a public or quasi-public agency to store, distribute, generate, or chemically treat water, power, gas, sewage, equipment, or other service elements.
RECREATIONAL VEHICLE PARK (TRAVEL TRAILER PARK): Any area or tract of land or separately designated section where lots are rented to one or more owners or users of recreational vehicles for a temporary time.
REPAIR SERVICES, SMALL APPLIANCE OR EQUIPMENT: An establishment for the repair of household or other small appliances or equipment, and at which no such appliances or their parts are stored outdoors.
RESTAURANT, CAFE, CONFECTIONERY: An establishment where food is prepared and served to customers for consumption on the premises.
RESTAURANT, FAST FOOD, DRIVE-IN: An establishment distinguished from a traditional sit-down restaurant in that service is provided from a counter or window for consumption either off or on the premises; on-premises consumption normally requires considerably less time than consumption in a traditional restaurant. Service may also be provided to customers in automobiles by use of an outside drive-up window; parking is provided immediately adjacent to the building. This definition includes also specialty food stores such as ice cream parlors or delicatessens, having counter or window service.
SHOPPING CENTER, COMMUNITY (RETAIL BUSINESS): A completely planned and designed commercial development providing for the sale of general merchandise and convenience goods and including a variety store, discount store, or supermarket.
SHORT TERM RENTAL: The use of property located in the following zoning districts: Agriculture, Rural Residential, Residential 2, General Commercial, Highway Commercial, and Office Residential; by a person or entity; for occupancy, rent or lease; for the purpose of receiving compensation, money, rent, or other bargained consideration; for less than thirty (30) consecutive days. Any rental that is leased out consecutively to the same tenant for thirty (30) days or more will not constitute a residential Short-Term Rental. Short-term rentals do not include other lodging facilities, such as bed and breakfast facilities.
SMALL ENGINE REPAIR: An establishment engaged in the repair and maintenance of small engines with an engine displacement size no greater than two thousand (2,000) cc. This includes, but is not limited to, motorcycles, OHVs, ATVs, home and garden tools and equipment, outboard motor watercraft (engine removed), snowmobiles, chainsaws, and other similar small engines.
STORAGE LAND SEA CONTAINERS: Any sea container that is commonly described as a storage container or storage unit, limited to land sea containers with a storage space of greater than one hundred twenty (120) square feet. No wheeled trailers such as semitrailers and cargo trailers.
SUBDIVISION: Any land, vacant or improved, which is divided or proposed to be divided into two (2) or more lots, parcels, sites, units, plots or other division of land for the purpose, whether immediate or future, for offer, sale, lease or development, either on the installment plan or upon any and all other Residential and Nonresidential zoned land, whether by deed, metes and bounds description, devise and testacy, lease, map, plat or other recorded instrument.
SURPLUS, SECONDHAND STORE: An establishment that sells surplus items, used furniture, appliances, clothing, and miscellaneous small items. Excluded from this definition are establishments selling used motor vehicles, their parts, military surplus, and other heavy equipment.
SWAP MEET: A temporary use business where the owner of the business lends or leases portions of real property, which he owns or leases, to persons for use as an open marketplace to barter, exchange, or sell goods. The marketplace may be located either outdoors or indoors. The business owner is responsible for providing that all persons bartering, exchanging, or selling goods at the swap meet comply with all laws relating to the conduct of business within the City and also comply with all zoning provisions, including, but not limited to, the terms of any conditional use permit granted to the owner. A swap meet includes farmers markets and flea markets. Yard sales and garage sales are not swap meets. Persons, as set out herein, include both individuals and entities.
TATTOO OR BODY PIERCING ESTABLISHMENT: Any business that is engaged primarily in the practice of tattooing or body piercing. This definition does not include services for permanent facial cosmetics of the eye, brow, and lip, or piercings of the ear, contained under the definition of personal services.
TELECOMMUNICATIONS FACILITY: A telecommunications facility of less than thirty-five feet (35') in height consisting of antenna equipment shelters and related structures used for transmitting and/or receiving telecommunications and/or radio stations.
TEMPORARY OUTDOOR USE: A use, activity, vending cart, special event, or commercial use outside that is not permanent in nature and after a seventy-two (72) hour time period ceases or is removed.
THEATER, CONCERT HALL: A building or amphitheater used primarily for the presentation of live stage productions or performances.
WAREHOUSE STORAGE UNITS: A structure in which goods, merchandise, or equipment are stored for eventual distribution, or for which storage space is rented. For all zones, except the light industrial zoning district, such structure must be a building. For the light industrial zoning district, only a warehouse storage unit may include cargo shipping containers as provided in Section 10-9A-101 et seq., upon approval of a conditional use permit.
WELDING MACHINE SHOP: A building or structure where pieces of metal are welded.