Francis City Zoning Code
Division I
GENERAL PROVISIONS
§ 18.05.010 Purpose.
This chapter describes the general rules and regulations necessary to effectively administer the City of Francis development code. Procedures for permitted use and conditional use applicants are defined. Code and zoning amendments, as well as appeal procedures and nonconforming uses, are explained in detail. Other important procedures and provisions are defined in this chapter as well.
(Ord. 66, 1993; Ord. 2016-09 § 1, 2016; Ord. 2025-03, 8/14/2025)
§ 18.05.020 Short title.
This title and FCC Title 17 shall be known as the City of Francis development code, and is referred to herein as this code, this development code or the code.
(Ord. 66 § 1.1, 1993; Ord. 2016-09 § 1, 2016; Ord. 2025-03, 8/14/2025)
§ 18.05.030 Authority, legislative intent and statement of purpose.
The City Council of Francis adopts the ordinance codified in this title and FCC Title 17 pursuant to the Municipal Land Use Development and Management Act, Title 10, Chapter 9a, Utah Code Annotated, and such other authorities and provisions of Utah statutory and common law that are applicable.
This title and FCC Title 17 contain standards, provisions and requirements intended to protect the health, safety and welfare of the citizens of Francis by ensuring that neighbors and adjacent and neighboring properties are protected from potential negative impacts in developing and using a parcel of land. It is further the intent to provide a means of ensuring predictability and consistency in the use of land and guiding and directing the development of land to achieve a balance in realizing the desires of property owners and the citizens of Francis. The purpose of this title and FCC Title 17 is to:
1.
Promote a living environment that is safe and pleasant for individuals and families who choose to live in or visit Francis.
2.
Maintain current housing and neighborhoods and guide future residential development in a manner which enhances the current appeal of the City, rather than destroying the very atmosphere which makes Francis an attractive place to live.
3.
Enhance economic resources and opportunities by encouraging commercial and/or institutional development which is compatible with the semi-rural residential nature of the City.
4.
Provide for efficient traffic circulation that minimizes traffic volume on residential streets and provide nonmotorized transportation/recreation corridors.
5.
Continue to provide for the necessary infrastructure such as water, sewer, and drainage needed for increased residential, commercial, and other development.
6.
Provide facilities which allow for needed community services, including the efficient functioning of government, sense of community, and the health and recreation of the citizenry.
7.
Enhance the unique beauty, visual and aesthetic qualities of the community, and preserve and provide access to the important natural features of the area including the nearby foothills, waterways, canyons, flora and fauna.
It is the intention of the City in adopting the ordinance codified in this title and FCC Title 17 to fully exercise all of the powers granted to the City by the provisions of the Utah Land Use and Management Act, Section 10-9a-1 et seq., Utah Code Annotated 1953, as amended, and all other powers granted by statute or by common law for the regulation of land uses and improvements. The intention of the City is to assure the managed, proper and sensitive/critical development of land within Francis and to protect and enhance the quality of rural life in general. This title and FCC Title 17 are intended to allow development in a manner that encourages the preservation of scenic values, the unique setting of Francis, and provide for well-planned commercial and residential centers, smooth traffic circulation, and efficient delivery of municipal services. This title and FCC Title 17 seek to prevent development impacted by existing geologic hazards, erosion, flooding, or other conditions that create potential dangers to life and safety in the community, or development that impacts critical wildlife habitats, or developments that detract from the quality of life in the community.
(Ord. 66 § 1.2, 1993; Ord. 2016-09 § 1, 2016; Ord. 2025-03, 8/14/2025)
§ 18.05.040 Conflict with other laws or ordinances.
The provisions of this title and FCC Title 17 are in addition to all other City ordinances, laws of the state of Utah and United States, and applicable common law. This title and FCC Title 17 shall not supersede any private land use regulations in deeds or covenants which are more restrictive than this title and FCC Title 17. Whenever a conflict exists, the more restrictive provision shall apply to the extent allowed by law.
(Ord. 66 § 1.3, 1993; Ord. 2016-09 § 1, 2016; Ord. 2025-03, 8/14/2025)
§ 18.05.050 Effect on previous ordinances and maps.
The existing zoning ordinances of Francis, including the official zoning map adopted with those ordinances, are hereby amended in their entirety to conform to the provisions of this title and FCC Title 17, providing that this title and FCC Title 17 are a continuation of those existing ordinances, and not a new enactment, insofar as the substance of the old and new provisions are the same. This title and FCC Title 17 shall not be construed as affecting the term of office of any Board or Commission member appointed under the prior enactment. Structures built prior to the adoption of FCC Titles 17 and 18, or for which building permits were issued and on which work commences as required under the permit shall, to the extent they do not conform to this title and FCC Title 17, be considered as nonconforming uses, and shall not be affected hereby. Uses which were nonconforming under the old ordinance shall not be affected by this title and FCC Title 17, unless this title or FCC Title 17 is changed in a manner that makes the use conforming to the new code or zone.
(Ord. 66 § 1.4, 1993; Ord. 2016-09 § 1, 2016; Ord. 2025-03, 8/14/2025)
§ 18.05.060 Notices.
Notice of hearings before the Planning Commission and City Council concerning amendments to the general plan, zoning map, Francis City Code, appeals, and variances shall be provided in accordance with the Utah Open and Public Meetings Act, as amended (see Section 52-4-101 et seq., Utah Code Annotated 1953) and the Utah Municipal Land Use, Development, and Management Act, the requirements of this section, and shall describe the proposed action. See Table 1.1 for a general summary matrix of the notice requirements. All notice required under this section shall be given as follows:
1.
Posted Notice. The notice shall state that a public hearing will be held, describe the subject of the hearing and any property affected thereby, and identify the date, time, and location of the hearing. Notice shall be posted at least 10 calendar days before the date set for the hearing or in accordance with state law.
2.
Courtesy Notice. As a courtesy to property owners, the applicant shall provide the City with stamped and pre-addressed envelopes for each owner of record of each parcel located entirely or partly within 600 feet from any boundary of the property subject to the application, together with a mailing list for those owners. The addresses for adjacent owners shall be as shown on the Summit County website. The courtesy notice shall state that a public hearing will be held, describe the subject of the hearing and any property affected thereby, and identify the date, time, and location of the hearing. Courtesy notice is not a legal requirement, and any defect in courtesy notice shall not affect or invalidate any hearing or action by the City Council or Planning Commission.
3.
Proof of Notice. Proof that notice was given pursuant to either subsection 1 or 2 of this section is prima facie evidence that notice was properly given. If notice given under authority of this section is not challenged as provided for under state law within 30 days from the date of the hearing for which the challenged notice was given, the notice is considered adequate and proper.
4.
Other Public Meetings. Notice shall be posted 24 hours in advance for regular meetings and as much notice as possible for emergency meetings in accordance with the Utah Open and Public Meetings Act, as amended (See Section 52-4-101 et seq., Utah Code Annotated 1953) and the Utah Municipal Land Use, Development, and Management Act (see Section 10-9a-101 et seq., Utah Code Annotated 1953).
Francis Application Notice Matrix | ||
|---|---|---|
ACTION | POSTED | MAILED |
Adoption or Amendments of Land Use Ordinance | At least 10 days prior to each public hearing before the Planning Commission and City Council. Agenda posted at least 24 hours prior to public meeting. | -NA- |
Amendments of Zoning Map | At least 10 days prior to each public hearing before the Planning Commission and City Council. Agenda posted at least 24 hours prior to public meeting. | To all owners of the property within 600 feet, 10 days prior to first hearing. Must state that owner has 10 days after first public hearing to file a written objection to the legislative body. |
Preparation, Adoption or Amendment to the General Plan | At least 10 days' public notice required upon inception of the initial process for any comprehensive plan amendment before the Planning Commission, with one additional public hearing and notice required prior to recommendation. One public hearing with City Council before adoption. Agenda posted at least 24 hours prior to public meeting. | -NA- |
l. Vacating Some or All of a Public Street, Right-of-Way or Easement 2. Vacating a Subdivision Plat | At least 10 days prior to each hearing before Planning Commission and City Council. | 1. Mailed to record owner of each parcel that is accessed by the public street, right-of-way, or easement; mailed to each affected entity; posted on or near the street, right-of-way, or easement in a manner that is calculated to alert the public. 2. Notice mailed to the record owner of each parcel within 600 feet of that property OR posted on the property proposed for subdivision. |
Variance Requests | At least 10 days prior to each Administrative Hearing. Agenda posted at least 24 hours prior to public meeting. | To all owners of the property within 600 feet, 10 days prior to each hearing |
Annexation Policy Plan | At least 3 places, 14 days prior to each public hearing before the Planning Commission and City Council. Agenda posted at least 24 hours prior to public meeting. | To all owners of property within 600 feet and affected entities, 14 days prior to each hearing. |
Conditional Use Permit CUP | At least 10 days prior to informational hearing before the Planning Commission. Agenda posted at least 24 hours prior to public meeting. | Courtesy notice to all owners of property within 600 feet, 10 days prior to hearing. |
(Ord. 66 § 1.6, 1993; Ord. 2016-09 § 1, 2016; Ord. 2017-05, 2017; Ord. 2021-15 § 1 (Exh. A), 2021; Ord. 2025-03, 8/14/2025)
§ 18.05.070 Creation of land use districts and zone map.
In order to carry out the purposes of this title and FCC Title 17, land use districts have been established as set forth in the City of Francis general plan and a zoning map has been established in FCC § 18.05.090. The zoning map is adopted as a part of this title and FCC Title 17 and this title and FCC Title 17 are intended to be consistent with the zoning map. In interpreting the zoning map, the following standards shall apply:
1.
The zoning boundary lines are intended to conform to existing property boundary lines when not in a public right-of-way, or to follow the center line of public rights-of-way (including prescriptive rights-of-way), unless the lines are located by specific dimensions, in which case the dimensions shall control. Where the zoning district lines approximately follow the lot lines as they exist at the date of adoption of the ordinance codified in this title and FCC Title 17, the district lines shall be conformed to the lot lines.
2.
Where the zoning district lines appear to have intentionally divided a lot or parcel between two or more districts, the applicable zoning for each portion of the lot or parcel shall be determined by using the scale shown on the map. If the placement of the district line cannot be determined, the standards of the zone allowing the less intensive land use shall be applied to the entire parcel.
3.
Where the district lines are intended to follow natural land contours, such as the ridge tops, hillsides or waterways, the line shall be determined at the point at which the general slope of the land changes 15% in grade or in the case of waterways, the average centerline of the waterway. In the event of a dispute as to the location of the change in grade, the point shall be fixed with reference to topographic data submitted to the City. Where land of less than 15% slope is surrounded by land of 15% or greater slope, the Planning Commission may entertain an application to rezone the land of less than 15% slope to a suitable residential use if the City staff determines that the land is adequately accessible and not within a sensitive lands overlay zone or designation.
4.
If the Planning Commission, City Council, or member of the public requests an interpretation of a zoning district the matter shall be forwarded to the City Planner for an interpretation.
(Ord. 66 § 1.7, 1993; Ord. 2016-09 § 1, 2016; Ord. 2025-03, 8/14/2025)
§ 18.05.080 Licensing.
All departments, officials and public employees of the City who are vested with the duty or authority to issue permits or licenses, including business licenses, shall conform to the provisions of this title and FCC Title 17 and state code, and shall issue licenses and permits only in conformance with the provisions of these codes. Licenses issued in violation of these codes shall take no effect, and are null and void.
(Ord. 66 § 1.9, 1993; Ord. 2016-09 § 1, 2016; Ord. 2025-03, 8/14/2025)
§ 18.05.090 Zoning map adopted.
The Francis zoning map is the official zoning map for Francis. Upon amendment to the zoning map, the Mayor shall execute a new map, or reexecute the existing map with the amendments noted in a timely manner.
(Ord. 66 § 1.10, 1993; Ord. 2016-09 § 1, 2016; Ord. 2025-03, 8/14/2025)
§ 18.05.100 Permit procedure under this code.
No building permit(s) shall be issued for any project without final approval. Proposals shall be reviewed according to either the permitted use review under Chapter 18.60 FCC or the conditional use review under Chapter 18.65 FCC. Permitted use applications shall be reviewed by the City Planner for approval. Appeals of the City Planner may be made to the City Council for review. Building plans are reviewed by the Building Official for building permit issuance under the provisions of the International Building Code.
Fees for projects that require review and/or inspection by the City Attorney, City Engineer, or other consultant(s) shall be billed to the applicant at the actual billed rates incurred by the City, in addition to all other applicable fees. To assure prompt payment, the applicant shall deposit with the City sufficient funds against which the City may draw to satisfy these costs, in amounts set forth in the City's then-prevailing fee and rate ordinance.
All funds in applicant deposit accounts are available at all times for expenditure by the City to satisfy fees incurred by the City for the project. The City shall notify applicants monthly of the fees incurred during the previous month for the applicant's project. The City shall pay interest on applicant deposit accounts, at the rate at which the City would earn interest on monies in the City's general fund balance for the applicable period, and shall credit said interest to the applicant's deposit account. If the balance on deposit for an applicant drops below an amount sufficient to cover anticipated costs, the applicant must pay all outstanding billings for the month plus bring the deposit account back up to a sufficient amount, as set forth in the City's then-prevailing fee and rate ordinance. If at any time an applicant's deposit account does not comply with the provisions set forth herein, the City's staff and its contractors, agents and consultants shall stop work on the project until the account comes into compliance. At the conclusion or termination of a project, any unexpended amounts in an applicant's deposit account shall be refunded to the applicant with interest.
(Ord. 66 § 1.11, 1993; Ord. 1999-1 § 1.11, 1999; Ord. 2011-04, 2011; Ord. 2016-09 § 1, 2016; Ord. 2025-03, 8/14/2025)
§ 18.05.110 Appearance before boards, commissions and councils.
All persons speaking before any City agency, department, committee, commission, board or the City Council on behalf of the owners of any project shall provide reasonable evidence of their agency relationship with the owner. This agency shall be presumed if the spokesman is associated with the architect or engineer whose name appears on the plans, or if the owner is present. The Planning Commission or City staff may request an agent to provide a statement signed by the owner indicating the nature of the relationship and the authority of the agent to make decisions or representations concerning the project.
(Ord. 66 § 1.17, 1993; Ord. 2016-09 § 1, 2016; Ord. 2025-03, 8/14/2025)
§ 18.05.120 Relation to prior development and subdivision ordinance.
The procedures set forth in this title and FCC Title 17 are intended to supersede any inconsistent procedural provisions in the previous development ordinances. The substantive requirements of the application form and the review process shall remain unchanged, but all final actions under that ordinance are subject to the appeal processes set forth herein, and all applications for subdivision approval are subject to termination as set forth herein.
(Ord. 66 § 1.19, 1993; Ord. 2016-09 § 1, 2016; Ord. 2025-03, 8/14/2025)
§ 18.05.130 Vesting of zoning rights.
Upon payment of the required application fees and submission of a completed application, an applicant shall be entitled to have the filed application reviewed and acted upon pursuant to the terms of the Francis City Code and zoning map in effect at the time of filing of the application, subject to the exceptions set forth below. The applicant may take advantage of amendments to this title and FCC Title 17 and zoning map that would permit greater density or more intense use of the land; provided, however, that these changes may be deemed a modification of the plan and require the payment of additional planning review fees.
For the purposes of this title and FCC Title 17, a complete application includes all documentation required by this title and FCC Title 17, other relevant laws and ordinances of the City of Francis, and relevant state and federal laws. An applicant may not appeal the need to provide information required by this title and FCC Title 17 or any other City ordinance, or any state or federal law. However, any applicant may appeal the need to provide any additional information requested by the Planning Commission to the City Council on the next available meeting of the Council with adequate time to fully discuss the matter.
Non-zoning related matters, including, but not limited to, site development standards, procedural requirements and building code requirements, will not vest until complete building permit applications have been filed and required fees have been paid. Water and sewer connection availability, costs of water and sewer connection and water development fees, and applicable impact fees and other charges will vest only upon payment of the building permit application fees and submission of all materials necessary for the issuance of a building permit.
Vesting of all permits and approvals terminates upon the expiration or termination of the permit or approval.
1.
Exceptions. Applicants shall not be entitled to review and approval of applications pursuant to the terms of this title and FCC Title 17 in effect at the time of application when revisions to this title and FCC Title 17 are pending at the time of application which would prohibit or further condition the approval sought.
(Ord. 66 § 1.20, 1993; Ord. 2016-09 § 1, 2016; Ord. 2025-03, 8/14/2025)
§ 18.05.140 Savings clause and continuation of prior ordinances.
1.
The Francis Development Code. The Francis development code is hereby amended and recodified in entirety to read as herein provided by this title and FCC Title 17.
2.
Continuation of Prior Ordinances. The amendment of all zoning, subdivision and development ordinances previously enacted by Francis shall not:
a.
Affect suits pending or rights of the City existing immediately prior to the effective date of the ordinance codified in this title and FCC Title 17;
b.
Impair, void, or affect any grant or conveyance made or right acquired or cause of action as of the effective date of the ordinance codified in this title and FCC Title 17 or now existing.
3.
Continuation of Similar Provisions. The provisions of this title and FCC Title 17 insofar as they are the same or substantially the same as any prior ordinances shall be construed as a continuation of the prior ordinance.
4.
Severability. If any phrase, clause, sentence, paragraph, or section of this title or FCC Title 17 shall be declared unlawful by any court of competent jurisdiction, it shall be severed and such decision shall not affect any of the remaining phrases, clauses, sentences, paragraphs, and sections of this title and FCC Title 17.
5.
Effective Date. The ordinance codified in this title and FCC Title 17 shall become effective immediately after passage and subsequent publication in a newspaper having general circulation in Francis City.
(Ord. 66 § 1.23, 1993; Ord. 2016-09 § 1, 2016; Ord. 2025-03, 8/14/2025)
§ 18.05.150 Conflicts within this code.
Every effort is made by the City to insure that this title and FCC Title 17 are readable, understandable, and contain as few defects as possible. If, however, any conflicts, defects, inconsistencies or ambiguities are found within different sections or chapters of this title and FCC Title 17, the Planning Commission shall follow the section or wording that is more restrictive, stringent, or of a higher standard as defined or interpreted by the Planning Commission.
The Planning Commission shall then make every effort to amend this title and FCC Title 17 to further clarify or repair the defect, conflict, inconsistency or ambiguity.
(Ord. 66 § 1.24, 1993; Ord. 2016-09 § 1, 2016; Ord. 2025-03, 8/14/2025)
§ 18.05.160 Annexations.
All annexations shall be consistent with the Francis annexation policy declaration. Upon receiving a petition for annexation, the City will process the petition in accordance with the relevant provisions of the Utah Code.
(Ord. 66 § 1.25, 1993; Ord. 2016-09 § 1, 2016; Ord. 2025-03, 8/14/2025)
§ 18.05.170 Plat approval.
On all projects requiring the recording of a plat or record of survey map under applicable state law, the plat shall conform to the following standards before approval will be granted by the City:
1.
Owner's Execution. A subdivision plat must be signed by the owner of the property and all persons claiming an interest in the property within the plat, including those holding a security interest in the property, excluding mechanic liens and judgment liens. All signatures must be legally acknowledged.
2.
Contents of Plat. The plat must have signature blocks for the Mayor, City Engineer, South Summit Fire District, Recorder, Attorney, Planning Commission Chair, and County Recorder. The survey data and accuracy of the plat must be certified by a licensed surveyor, and the plat must bear the surveyor's official stamp.
3.
Submission. The submission for plat approval must be accompanied by any covenants, declarations, easements, dedications of rights-of-way, or similar documents that are in addition to the contents of the plat. The submission must also be accompanied by a current title report showing the persons having an interest in the property, and verifying the ownership is consistent with the ownership as indicated on the plat. The legal descriptions of the property must also be consistent among the plat, declarations or covenants and title report.
4.
Recording. Upon granting of final approval by the City, the City Recorder shall deliver the plat to the county directly. No plat shall be recorded until the Recorder has verified that all fees relative to the project have been paid, including the final engineering bills from the plat approval, if applicable.
5.
Effect of Approval. In approving the plat, the City and its officers and agents are only certifying to substantial compliance with the statute and ordinances regarding the recording of plats and the prior approval of the project as being in compliance with local zoning ordinances. The City does not make any representation concerning the accuracy of the information in the plat drawn by the applicant, nor the value of the project.
(Ord. 66 § 1.21, 1993; Ord. 2016-09 § 1, 2016; Ord. 2025-03, 8/14/2025)
§ 18.10.005 Definition usage.
For the purpose of this title and FCC Title 17, certain numbers, abbreviations, terms, and words used herein shall be used, interpreted, and defined as set forth in this chapter. Where definitions are given in another chapter or section of this title or FCC Title 17 that apply to only that section or chapter, those definitions shall apply first. In some instances, words or terms that have a definition in this chapter may show in italics elsewhere in this title and FCC Title 17.
Unless the context clearly indicates to the contrary, words used in the present tense include the future tense; words used in the plural number include the singular; the word "herein" means "in these regulations"; the word "regulations" means "these regulations"; the word "code" means "this code."
A "person"
includes a corporation, a partnership, a limited company, a limited liability company, and an incorporated association of persons such as a club; "shall" is always mandatory; a "building" includes "structure"; a "building" or "structure" includes any part thereof; "used" or "occupied" as applied to any land or building shall be construed to include the words "intended, arranged, or designed to be used or occupied."
(Ord. 66, 1993; Ord. 2016-09 § 1, 2016; Ord. 2025-03, 8/14/2025)
§ 18.10.010 "A" Definitions.
"Access"
means the provision of vehicular and/or pedestrian ingress and egress to structures, facilities or property.
"Accessory apartment"
means a second and separate living quarters occupying the same lot as a primary residence. It has its own kitchen, bathroom(s), living/sleeping area(s), and separate entrance(s). Kitchens have facilities for sanitation (sink) and cooking (oven, cooktop, range). For the purpose of this title, the terms "accessory apartment" and "accessory dwelling unit" or "ADU" shall be synonymous. There are two classifications of ADUs. Accessory dwellings built within the footprint of the primary dwelling, such as basement apartments, are referred to as internal ADU (IADU). Dwellings that are detached from the primary dwelling, such as those located above a detached garage or as a separate unit on grade, are referred to as external ADU (EADU).
"Accessory building"
means a building upon the same lot (or on a contiguous lot under the same ownership) as the principal building and which is (a) clearly incidental to, and customarily found in connection with, such principal use; and (b) is either in the same ownership as the principal use or maintained and operated on the same lot for the benefit or convenience of the owners, occupants, employees, customers or visitors of the principal use.
"Accessory use"
shall mean a use conducted on the same lot as the principal use or structure with which it is associated; and is a use which is clearly incidental to and customarily found in connection with such principal use; and is either in the same ownership as the principal use or maintained and operated on the same lot for the benefit or convenience of the owners, occupants, employees, customers or visitors of the principal use. No accessory use shall be allowed on any parcel unless the permitted use is being actively utilized.
"Administrative permit"
means a permit issued by the City staff or the Building Official for specified uses after compliance with applicable zoning or development code regulations is determined.
"Agricultural feed yard"
means a building or open enclosure, where at least 10 horses or 10 cattle, or 20 sheep, or 10 hogs, or 50 turkeys are kept in a relatively restricted area for intensive feeding for more than three months of the year, as contrasted to open pasturage; provided, that any area where a combination of horses, cattle, sheep, or hogs, totaling 10 or more is so kept and fed, constitutes a feed yard.
"Agriculture"
means the tilling of the soil, the raising of crops and animals for private, commercial or industry, horticulture, and gardening.
"Alley"
means a public or private right-of-way primarily designed to serve as secondary access to the side or rear of those properties whose principal frontage is on some other street.
"Antenna"
means a device for sending and/or receiving radio, television, data or similar communication signals.
"Apartment"
means a dwelling unit within a multi-unit dwelling building.
"Applicant"
means the owner of the property that is the subject of the application, or the owner's agent.
"Application"
means a form or checklist supplied by the City indicating the data and information necessary to process the applicant's proposed project(s).
"Arterial"
means a road intended to allow through traffic to and from such major attractions as central business districts, regional shopping centers, colleges and/or universities, military installations, major industrial areas, and similar traffic generators and/or as a route for traffic between communities or large areas.
"Attached building"
means units connected on one or more sides to an adjacent unit or units by a common party wall with separate exterior entrances for all unit(s). This shall apply to commercial as well as residential units.
(Ord. 66 §§ 2.1 – 2.12, 1993; Ord. 1999-1 § 2.5.1; Ord. 2016-09 § 1, 2016; Ord. 2020-15 § 1 (Exh. A), 2020; Ord. 2023-05 § 1 (Exh. A), 2023; Ord. 2025-03, 8/14/2025)
§ 18.10.020 "B" Definitions.
"Balcony"
means a platform that projects from the wall of a building and is surrounded by a railing or balustrade.
"Bed and breakfast inns"
means a dwelling, including those dwellings of historical significance in which two to eight rooms are rented out by the day, offering overnight lodging to travelers, and where one or more meals are provided to the guests only, the price of which may be included in the room rate.
"Block"
means a tract of land bounded by streets, or by a combination of streets and public parks, cemeteries, railroad or utility rights-of-way, shorelines of waterways, or boundary lines of municipalities.
"Building"
means any structure built for the support, shelter, or enclosure of persons, animals, chattels, or movable property of any kind.
1.
"Building and zoning inspector or official"
means the person designated by the City to enforce the ordinance codified in this title and FCC Title 17 as enacted by the City.
2.
Building, Attached.
See "Attached building."
3.
"Building, detached"
means any building or structure separated from another building on the same lot by at least six feet.
4.
"Building, main"
means the principal building, or one of the principal buildings on a lot, or the building or one of the principal buildings housing a principal use upon a lot.
5.
"Building pad line"
denotes that area in which the entire new structure must lie. The area of construction disturbance attributable to the structure (as opposed to utilities installation) may not extend beyond 20 feet from the building pad line.
6.
"Building, public"
means structures constructed by or intended for use by the general public such as libraries, museums, the municipal or public works buildings, etc.
"Business offices"
means any site or location which provides space for the transactions, service, or administration by a commercial enterprise and/or where storage of goods and sale of merchandise is minimal and secondary to performance of the service.
(Ord. 66 §§ 2.13 – 2.24, 1993; Ord. 2016-09 § 1, 2016; Ord. 2025-03, 8/14/2025)
§ 18.10.030 "C" Definitions.
"Canopy"
means a roof structure constructed of fabric or other material placed so as to extend outward from a building providing a protective shield for doors, windows, and other openings, supported by the building with supports extended to the ground directly under the canopy or cantilevered from the building.
"Capital improvements program"
means a proposed schedule of all future projects listed in order of construction priority together with cost estimates and the anticipated means of financing each project. All major projects requiring the expenditure of public funds, over and above the annual local government's operating expenses, for the purchase, construction, or replacement of the physical assets for the community are included.
"Child care center"
means a facility in which the provision of child day care for 13 or more children occurs on a regular basis.
"Child day care"
means the provision (day or night) of supplemental parental care instruction and supervision (a) for a nonrelated child or children; (b) on a regular basis; and (c) for less than 24 hours a day. As used in this title and FCC Title 17, the term is not intended to include babysitting services of a casual, nonrecurring nature or in the child's own home. Likewise, the term is not intended to include cooperative child care by a group of parents in their respective domiciles.
"City Council"
means the City Council of Francis, Utah.
"City Engineer"
means the state of Utah licensed engineer designated by the City to furnish engineering assistance for the administration of these and other regulations.
"City staff"
means those elected officials, officers, board and commission members, employees, and other agents assigned specific duties by the Mayor, City Council, or Planning Commission.
"Collector roads"
means a road intended to move traffic from local roads to arterials. A collector road serves a neighborhood or large subdivision and should be designed so that no residential properties face onto it.
"Common area"
means facilities, land and yard areas identified within projects for the use and enjoyment of all the residents and maintained and operated by an organization of property holders of that project.
"Concept plan"
means a preliminary plan indicating the proposed use and layout of a development project. Concept plans do not require approval.
"Conditional use"
means a use requiring special consideration and review in the manner set forth in Chapter 18.70 FCC.
"Condominium"
means any structure which has been submitted to condominium ownership under the provisions of the Utah Condominium Ownership Act. This includes residential, nonresidential, and any other space.
"Construction plan"
means the maps or drawings accompanying a subdivision plat and showing the specific location and design of improvements to be installed in the subdivision in accordance with the requirements of the Planning Commission or City Engineer as a condition of the approval of the plat.
“Contractor’s storage yard” or “contractor’s equipment storage yard”
means an open space, used by contractors, service professionals, or businesses to store equipment, materials, and tools related to their work.
"Coverage"
means lot area covered by a building.
"Cul-de-sac"
means a local street with only one outlet and having an appropriate terminal for the safe and convenient reversal of traffic movement as well as fire fighting and other public safety equipment.
(Ord. 66 §§ 2.25 – 2.36, 2.158 – 2.160, 1993; Ord. 2016-09 § 1, 2016; Ord. 2025-03, 8/14/2025)
§ 18.10.040 "D" Definitions.
"Deck"
means a structure which is either freestanding or attached to a principal or accessory structure, constructed at grade or above grade, and may be intended or designed for use as an outdoor living space.
"Developer"
means the person, persons, corporation, firm or partnership owning the land proposed to be developed in any way, or a designated legal representative. Consent shall be required from the legal owner of the premises.
"Development credits"
means points allocated to parcels of ground in certain districts based on the parcel's square footage. Development credits shall be used to determine volume of allowed uses. Development credits are nontransferable.
"Dwelling"
means a building or portion thereof designed for use as the residence or sleeping place of one or more persons or families with cooking and bathroom facilities, not including hotel, motel, or nursing home rooms.
"Dwelling, multifamily"
means a building arranged or designed to be occupied by two or more families living independently of each other in separate but attached dwellings.
"Dwelling, single-family"
means a building arranged or designed to be occupied by one family; a structure having only one dwelling unit.
(Ord. 66 §§ 2.37 – 2.41, 1993; Ord. 2016-09 § 1, 2016; Ord. 2020-09 § 1 (Exh. A), 2020; Ord. 2025-03, 8/14/2025)
§ 18.10.050 "E" Definitions.
"Easement"
means authorization by a property owner for the use by another, and for a specified purpose, of any designated part of the property.
"Escrow"
means a deposit of cash with the City or approved alternate entity in lieu of an amount required and still in force on a performance or maintenance guarantee. Such escrow funds shall be deposited in a separate account.
(Ord. 66 §§ 2.42, 2.43, 1993; Ord. 2016-09 § 1, 2016; Ord. 2025-03, 8/14/2025)
§ 18.10.060 "F" Definitions.
"Failure"
means the omission of expected or required action.
"Family"
means an individual, or two or more persons related by blood, marriage, or adoption, or a group of not more than four persons who are not related, living in a dwelling unit as a single housekeeping unit.
"Fence"
means a structure constructed for reasons of privacy, security, or aesthetics which is located in such a manner as to separate or divide areas. Includes hedges and masonry walls and may or may not be sight-obscuring or lighttight.
"Final approval"
means final approval by the City Council or Planning Commission of a plan, project, rezoning, use, activity, or other action that shall be given after all the requirements set out in the preliminary approval have been met and after all concerns of the reviewing agency regarding such plan, project, rezoning, use, activity, or other action have been addressed and answered. Final approval does not refer to plat approval unless the plat is submitted simultaneously.
"Final plat"
means the map or plan or record of a subdivision and any accompanying material, as described in these regulations.
"Flag lot"
describes the shape of a lot, where the access to a lot is provided along a long narrow driveway and the lot does not meet minimum lot frontage requirements.
"Floodplain area"
means an area adjoining a river, stream, or watercourse, or other body of standing water in which a potential flood hazard exists, due to inundation or overflow of water having sufficient volume and velocity to transport or deposit debris, scour the surface soil, dislodge or damage buildings, or erode the banks of watercourses. Any area designated as a floodplain by the Department of Housing and Urban Development or the Federal Emergency Management Agency or any other agency of the United States Government or state and local government agencies, including the City of Francis.
"Floor area"
is the area of a building that is enclosed by surrounding exterior walls, excluding a 600-square-foot allowance for garages. It is the intent of this definition to include lower levels into the floor area calculation which are not true basements. A true basement has all four walls underground. Therefore, a lower level will be counted into the floor area of a building if it is less than 80% underground or has an outside door (including garage door) visible from public right-of-way. If an entire lower level does not meet the criteria for exclusion from the floor area calculation, no part of the lower level may be excluded. Unenclosed porches, balconies, patios and decks will not be considered floor area. This definition is for planning purposes only and may conflict with other methods of calculating square footage such as the International Building Code.
"Floor area ratio"
shall be the floor area as defined in this chapter, divided by the total area of the lot or parcel on which it, the structure, is situated.
"Forestry"
means the harvesting and processing of trees.
“Formula business”
means a chain or franchise business that maintains a standardized appearance and operational model across multiple locations.
"Frontage"
means that side of a lot abutting on a street or way and ordinarily regarded as the front of the lot, but it shall not be considered as the ordinary side on a corner lot.
"Frontage block"
means all property abutting one side of a street between intersecting or intercepting streets, or between a street and a right-of-way, waterway, end of dead-end street, or political subdivision boundary, measured along the street line.
"Frontage street"
means any street to be constructed by the developer or any existing street in which development shall take place on both sides.
(Ord. 66 §§ 2.44 – 2.54, 1993; Ord. 2016-09 § 1, 2016; Ord. 2020-11 § 2 (Exh. B), 2021; Ord. 2025-03, 8/14/2025)
§ 18.10.070 "G" Definitions.
"Garage, private"
means a detached accessory building, or a portion of a main building, used for the storage of motor vehicles for the tenants or occupants of a specific building and not by the general public.
"Garage, public"
means a building or a portion thereof, other than a private garage, used for servicing, repairing, equipping, hiring, selling or storing motor-driven vehicles.
"General plan"
means a comprehensive or general plan for development of the City, prepared and adopted by the Planning Commission and City Council, pursuant to state law, and including land use maps or other suitability maps or any part of such plan separately adopted and any amendment to such plan, or parts thereof.
"Geologic hazard"
means a hazard inherent in the crust of the earth, or artificially created, which is dangerous or potentially dangerous to life, property or improvements, due to the movement, failure, flooding, or shifting of the earth.
"Governing body"
means the governing or legislative body of the City (Francis City Council) having the power to adopt, amend or rescind ordinances, including this code.
"Grade"
means the slope of a road, street, or other public way, specified in percentage terms and calculated by dividing the difference in elevation between two points by the horizontal distance.
"Grade, finished"
means the average elevation of the ground abutting the building or structure at the exterior walls after completion of cutting and/or filling.
"Grade, natural"
means elevation of the existing surface of the land prior to commencement of construction of any improvements proposed or any previous site disturbance. Natural grade, when not readily established due to prior modifications in terrain, shall be fixed by reference elevations and slopes at points where the prior disturbance appears to meet the undisturbed portions of the subject property or the adjacent property's undisturbed grade. The estimated natural grade shall tie into the elevation and slopes of adjoining properties without creating a need for new retaining walls, or abrupt differences in the visual slope and elevation of the land; and not change the direction or flow of runoff water.
"Guarantee"
means any form of security including a letter of credit, escrow agreement, bond or instrument of credit in an amount and form satisfactory to the City. All guarantees shall be approved by the City wherever required by these regulations.
(Ord. 66 §§ 2.55 – 2.63, 1993; Ord. 2016-09 § 1, 2016; Ord. 2024-03 § 1 (Exh. A), 2024; Ord. 2025-03, 8/14/2025)
§ 18.10.080 "H" Definitions.
"Hard-surfaced"
means covered with concrete, asphalt or other impervious surface.
"Health department and health officer"
means the agency and person designated by the City to administer the health regulations of the City, county or state. This may be the Summit County Health Department and Director or the applicable Department of Health and Director of the state of Utah.
"Height"
means the vertical distance from natural grade to the highest point of a flat or pitched roof. In the commercial (C-1) and city center (CC) zones, properties within 500 feet of SR 32 or SR 35 may measure height from finished grade to the highest point of a flat or pitched roof if finished grade is at or below the grade of the road at the edge of the asphalt.
"Highway, limited access"
means a freeway, or expressway, providing a traffic way for through traffic, in respect to which owners or occupants of abutting property on lands and other persons have no legal right to access to or from the same, except at such points and in such manner as may be determined by the Utah Department of Transportation, having jurisdiction over such traffic way.
Home Occupation.
See Chapter 18.80 FCC for a detailed definition.
"Hotel/motel"
means a building containing sleeping rooms for the temporary occupancy of guests. Accessory facilities may include a lobby, meeting rooms, recreation facilities, group dining facilities and/or other facilities or activities customarily associated with hotels or hotel apartments.
"Hotel room"
means a unit consisting of one room, without a kitchen, intended for temporary living and sleeping purposes and including a separate, exclusive bathroom.
“Hotel suite”
means a unit consisting of living space and a kitchen, intended for temporary living and sleeping purposes and including a separate, exclusive bathroom.
(Ord. 66 §§ 2.64 – 2.70, 1993; Ord. 2016-09 § 1, 2016; Ord. 2024-03 § 1 (Exh. A), 2024; Ord. 2025-03, 8/14/2025)
§ 18.10.090 "I" Definitions.
"Impact analysis"
means a determination of the potential effect of a proposed residential, commercial, or industrial development upon the community and services it must provide.
Improvements.
See "Lot improvements" or "Public improvements."
(Ord. 66 §§ 2.71, 2.72, 1993; Ord. 2016-09 § 1, 2016; Ord. 2025-03, 8/14/2025)
§ 18.10.100 "J" Definitions.
"Joint ownership"
among persons shall be construed as the same owner or "constructive ownership" for the purpose of imposing subdivision regulations.
(Ord. 66 § 2.73, 1993; Ord. 2016-09 § 1, 2016; Ord. 2025-03, 8/14/2025)
§ 18.10.110 "K" Definitions.
"Kitchen"
means a room or space within a room equipped with such electrical or gas hook-up services which would enable the installation of a range, oven, or like appliance using 220/240 volts or natural gas (or similar fuels) for the preparation of food.
(Ord. 66 § 2.74, 1993; Ord. 2016-09 § 1, 2016; Ord. 2025-03, 8/14/2025)
§ 18.10.120 "L" Definitions.
"Lawn"
means ground that is covered with grass or turf that is regularly mowed.
Limits of Disturbance.
The limits of disturbance line indicates the area in which construction activity must be contained. Construction disturbance may not extend beyond the limits of the disturbance line as indicated on the subdivision plat unless the City staff has amended the limit as per this code.
"Local government"
means Francis, Utah.
Local Government Attorney.
See "City attorney."
Local Government Engineer.
See "City Engineer."
"Local road"
means a road intended to provide access to other roads from individual properties and to provide a right-of-way outside the paved road for sewer, water, power lines, curb, gutter, sidewalk, and storm drainage pipes.
"Lot"
means a parcel or unit of land describable either by metes and bounds, or by other legal plat designation held or intended to be held in separate ownership or leasehold, or a parcel or unit of land shown as a lot or parcel on a recorded subdivision map, or shown on a plat used in the lease or sale or offer of lease or sale of land resulting from the division of a larger tract into smaller units. A lot may not necessarily be buildable.
"Lot, corner"
means a lot located at the intersection of two streets, the interior angle of the intersection less than 135 degrees.
"Lot depth"
means the minimum distance measured from the front property line to the rear of same property boundary.
"Lot improvement"
means any building, structure, place, work of art, or other object, or improvement of the land on which they are situated constituting a physical betterment of real property, or any part of such betterment. Certain lot improvements shall be properly guaranteed as provided in these regulations.
"Lot line, front"
means the property line dividing a lot from the right-of-way of the street. A front setback shall be required for each side of a parcel which borders a public or private street right-of-way, unless a project with private streets has previously designated specific setbacks. See Chapters 18.15 and 18.80 through 18.110 FCC for specific setbacks on unusual lots.
"Lot line, rear"
means the property line opposite the front lot line.
"Lot line, side"
means any lot line other than a front or rear lot line.
"Lot width"
means the minimum distance between the side property lines.
(Ord. 66 §§ 2.75 – 2.87, 1993; Ord. 2016-09 § 1, 2016; Ord. 2023-08 § 1 (Exh. A), 2023; Ord. 2025-03, 8/14/2025)
§ 18.10.130 "M" Definitions.
Major Street Plan.
See official zoning map or land use or zoning maps. The major street plan is part of these map(s).
"Municipality"
means City of Francis, Utah.
(Ord. 66 §§ 2.88 – 2.93, 1993; Ord. 2016-09 § 1, 2016; Ord. 2025-03, 8/14/2025)
§ 18.10.140 "N" Definitions.
"Neglect"
means failure to do something that one is bound to do, carelessness.
"Nightly rental" or "short-term rental"
means the rental of a room, apartment, or house or lockout room for a time period of less than 30 days.
"Nonconforming use"
means the use of a building, structure, or land which does not conform to current use regulations for the district in which it is situated, but which was in conformity with prior regulations at the time of its establishment, or which was in existence prior to the establishment of use regulations for the district in which it is situated.
"Nonresidential subdivision"
means a subdivision whose intended use is other than residential, such as agricultural, commercial or industrial. Such subdivision shall comply with the applicable provisions of the City general plan and the requirements of this title and FCC Title 17.
"Nursery, greenhouse"
means a place or structure in which young plants are raised for experimental purposes, for transplanting, or for sale.
"Nursing home"
means an institution described also as a "rest home," or "convalescent home," other than a hospital, in which persons are lodged and furnished with care rather than diagnoses or treatment.
(Ord. 66 §§ 2.94 – 2.99, 1993; Ord. 2016-09 § 1, 2016; Ord. 2021-11 § 2 (Exh. B), 2021; Ord. 2025-03, 8/14/2025)
§ 18.10.150 "O" Definitions.
"Official zoning map"
means the map established by the City Council pursuant to law showing the streets, highways, parks, and zoning districts, adopted and established by law.
"Off-site"
means any premises not located within the area of the property to be subdivided, whether or not in the same ownership of the applicant for subdivision approval.
"One-bedroom apartment"
means a dwelling consisting of a living room, a kitchen (which may be a part of the living room), a single room designed and intended as a bedroom, and a bathroom for the exclusive use of that unit, all having a combined floor area of not more than 1,000 square feet.
"Open space"
means different separate types dependent upon occupancy, use, and control. All types of open space are referred to collectively as "open space" in this title and FCC Title 17. Any of these types of open space could be public or private open space. They shall include:
a.
"Agricultural open space"
means open lands left undisturbed or dedicated primarily as usable agricultural lands for farming and ranching purposes and intended for use by residents of the development, neighborhood or community;
b.
"Natural open space"
means natural, undisturbed areas with little or no improvements or irrigation. This may include such areas as ridgelines, slopes over 30%, wetlands, stream corridors, trail linkages, or visual linkages. These areas may be subject to an open space conservation easement to ensure that they remain undisturbed and to provide public access as deemed appropriate by the Planning Commission;
c.
"Neighborhood open space"
means landscaped areas free of buildings, structures, and other substantial improvements, and includes without limitation (i) outdoor swimming pools, swimming pool areas, hard-surfaced recreational areas, and other recreational areas that are unenclosed, and fences, canopies, bathhouses, and accessory structures for recreation use, whether enclosed or unenclosed; (ii) driveways that cross the required yard at approximately right angles and serve fewer than three parking spaces; (iii) the ground surface above underground facilities, provided it otherwise qualifies as usable open space under the provisions of this section; (iv) pedestrian ways to plazas within a building that are directly oriented to the major pedestrian entrance to the building and are open to view and use by the public; and (v) decks, porches, patios, terraces and steps under 30 inches high, provided they are not covered by a portion of a building;
d.
"Recreational open space"
means parks and areas of active recreation use including neighborhood or community centers or clubhouses intended for use by residents of the development, neighborhood or community.
"Ordinance"
means any legislative action, however denominated, of the Francis City Council which has the force of law, including any amendment or repeal of any ordinance.
"Owner"
means any person, group of persons, firm or firms, corporation or corporations, or any other legal entity having legal title to or sufficient proprietary interest in the land sought to be developed or subdivided under these regulations.
(Ord. 66 §§ 2.100 – 2.106, 1993; Ord. 2016-09 § 1, 2016; Ord. 2025-03, 8/14/2025)
§ 18.10.160 "P" Definitions.
"Park strip"
means a typically narrow landscaped area located between the back-of-curb and sidewalk.
"Parking lot, commercial"
means a lot used for the temporary parking of automobiles for compensation.
"Parking lot, private"
means a lot used for the temporary parking of automobiles for compensation.
"Parking, public"
means a parking area or facility on private or public property to be used by the public. Fees for the use thereof may or may not be involved.
"Parking space"
means an area maintained for the parking or storage of an automobile or other vehicle, which is graded for proper drainage and is hard surfaced, porous paved or graded and compacted gravel where specially permitted.
"Parking structure"
means a fully enclosed structure designed and intended for parking or storage of more than four vehicles.
"Perimeter street"
means any existing street to which the parcel of land to be subdivided abuts on only one side.
"Permitted use"
means a use of land allowed by right under the provisions of this title and FCC Title 17.
"Planning Commission"
means the Planning Commission of the City of Francis.
"Plat amendment"
means a change in a map of an approved or recorded subdivision plat if such change affects any street layout in such map or area reserved thereon for public use, or any lot line; or if it affects any map or plan legally recorded prior to the adoption of any regulations controlling subdivisions.
"Porous paving"
means a substantial surfacing material designed and intended to support light vehicular movement. Porous paving includes paving systems such as modular pavers which provide at least 50% surface exposure suitable for the establishment of plant materials and which substantially abates surface water runoff. Gravel and/or compacted soil are not acceptable as porous paving materials.
"Preliminary plat"
means the preliminary drawing or drawings, described in these regulations, indicating the proposed manner or layout of the subdivision to be submitted to the Administrative Land Use Authority for approval.
"Primary use"
means the purpose for which the premises, land or a building therein is designed, arranged, or intended, or for which it is or may be occupied or maintained.
"Professional office"
means a building or space used by persons such as accountants, architects, artists, dentists, designers, engineers, lawyers, physicians, teachers, and others who, by virtue of training and/or license, are qualified to perform services of a professional nature, and/or where no goods or merchandise are sold or stored.
"Property line, front"
means that part of a lot which abuts a public or private street or public right-of-way.
"Public improvement"
means any drainage ditch or system, roadway, parkway, sidewalk, pedestrian way, tree, lawn, off-street parking area, lot improvement, water or sewer system, or other facility for which the City may ultimately assume the responsibility for maintenance and operation, or which may affect an improvement for which City responsibility is established. All such improvements shall be properly guaranteed and installed as per City codes, specifications and regulations.
"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 uses such as public schools, parks, playgrounds, and other recreational facilities, administrative, service facilities, and public utilities.
(Ord. 66 §§ 2.107 – 2.122, 1993; Ord. 2016-09 § 1, 2016; Ord. 2023-08 § 1 (Exh. A), 2023; Ord. 2025-03, 8/14/2025)
§ 18.10.170 "Q" Definitions.
"Quasi-public use"
means a use operated by a private nonprofit educational, religious, recreational, charitable, or philanthropic institution, such use having the purpose primarily of serving the general public, such as churches, private schools, and universities, or similar uses.
(Ord. 66 § 2.123, 1993; Ord. 2016-09 § 1, 2016; Ord. 2025-03, 8/14/2025)
§ 18.10.180 "R" Definitions.
"Recreation, commercial"
means recreation facilities operated as business on private or public property and open to the public for a fee, such as a golf course, tennis court, equestrian center, skating rink, etc., and support facilities customarily associated with the development.
"Recreation, private"
means recreation facilities operated on private property and not open to the public.
"Recreation, public"
means recreation facilities operated by a public agency and open to the public with or without a fee.
"Registered engineer"
means an engineer properly licensed and registered in the state of Utah.
"Registered land surveyor"
means a land surveyor properly licensed and registered in the state of Utah.
"Restaurant"
means a building in which food is prepared and served for consumption within the premises.
"Restaurant, drive-in"
means a building in which food is prepared and served for consumption on the premises, and which includes a facility which allows food to be ordered and taken from the premises for consumption elsewhere.
"Right-of-way"
means a strip of land occupied or intended to be occupied by a street, crosswalk, railroad, road, electric transmission line, oil or gas pipeline, water main, sanitary or storm sewer main, shade trees, or for another special use. The usage of the term "right-of-way" for land platting purposes shall mean that every right-of-way hereafter established and shown on a final plat is to be separate and distinct from the lots or parcels adjoining such right-of-way and not included within the dimensions or areas of such lots or parcels. Rights-of-way intended for streets, crosswalks, water mains, sanitary sewers, storm drains, shade trees, or any other use involving maintenance by a public agency shall be dedicated to public use by the maker of the plat on which such right-of-way is established.
"Roads, classification"
means for the purpose of providing for the development of the streets, highways, roads, and rights-of-way in and for their future improvement, reconstruction, realignment, and necessary widening, including provision for curbs and sidewalks and drainage, each existing street, highway, road, and right-of-way, and those located on approved and filed plats, have been designated on the official zoning map of the City and classified therein. The classification of each street, highway, road, and right-of-way is based upon its location in the respective zoning districts of the City and its present and estimated future traffic volume and its relative importance and function as specified in the streets master plan or land use maps or zoning maps. The required improvements shall be measured as set forth for each street classification on the official zoning map.
"Road, dead-end"
means a road or a portion of a street with only one vehicular traffic outlet.
"Road right-of-way width"
means the distance between property lines measured at right angles to the center line of the street.
(Ord. 66 §§ 2.124 – 2.135, 1993; Ord. 2016-09 § 1, 2016; Ord. 2025-03, 8/14/2025)
§ 18.10.190 "S" Definitions.
"Sale or lease"
means any immediate or future transfer of ownership, or any interest in land, including contract of sale, lease, devise, intestate succession, or transfer of an interest in a subdivision or part thereof, whether by metes and bounds, deed, contract, plat, map, lease, devise, intestate succession, or other written instrument.
"Same ownership"
means ownership by the same person, corporation, firm, entity, partnership, or association; or ownership by different corporations, firms, partnerships, entities, or associations, in which a stockholder, partner, or associate, or a member of his family owns an interest in each corporation, firm, partnership, entity, or association.
"Satellite receiving station"
shall mean and include any apparatus or device which is designed for the purpose of transmitting and/or receiving radio, television, satellite microwave, or other electromagnetic energy signals between terrestrial and/or orbital based uses. This definition is meant to include but not be limited to what are commonly referred to as satellite earth stations, satellite microwave antennas, TVROs or dish antennas. This definition does not include conventional television antennas or ham radio antennas.
"Screening"
if not specified in FCC § 18.115.100 means either (a) a strip of at least 10 feet wide, densely planted (or having equivalent natural growth) with shrubs or trees at least four feet high at the time of planting, of a type that, for a year-round period, will provide a dense screen at least six feet high; or (b) an opaque wall or barrier or uniformly painted fence at least six feet high. Either subsection (a) or (b) of this definition shall be maintained in good condition at all times and may have no signs affixed to or hung in relation to the outside thereof except the following: for each entrance, one directional arrow with the name of the establishment with "For Patrons Only" or like limitation, not over two square feet in area, which shall be nonilluminated. Where required in the zoning regulations, a screen shall be installed along or within the lines of a plot as a protection to adjoining or nearby properties.
"Semi-detached building"
means units connected on one side by an insulated common or party wall with separate exterior entrance for each unit.
"Setback"
means the distance between a building and the street line or road right-of-way, or nearest property line thereto.
"Setback, front"
means a front setback will be required for each side of a lot bordering a public street or other right-of-way.
Signs.
The following definitions pertain specifically to signs and sign regulation in this Code:
a.
"A-frame sign"
means any sign or structure composed of two sign faces mounted or attached back-to-back in such a manner as to form a basically triangular vertical cross-section through the faces.
b.
"Animated sign"
means any sign which is designed and constructed to give its message through movement or semblance of movement created through a sequence of progressive changes of parts, lights, or degree of lighting.
c.
"Building face"
means the visible outer surface of a main exterior wall of a building. The area of the face of the building shall be the total area of such surface including the area of doors and windows which open into surface.
d.
Canopy.
See "Marquee."
e.
"Erect"
means to build, construct, place, relocate, enlarge, substantially alter, attach, suspend, paint, post, or display. Normal maintenance, including refinishing, is not included in this definition provided the sign copy is not changed or altered.
f.
"Frontage"
means the length of the sides along the street or any other principal public thoroughfare, but not including such length along an alley, watercourse, railroad, street, or thoroughfare with no permitted access.
g.
"Marquee"
shall mean and include any roofed structure attached to and supported by a building, and projecting over public property.
h.
"Monument sign"
means a freestanding sign erected on the ground.
i.
"Movable, freestanding sign"
means any sign not affixed to or erected into the ground.
j.
"Off-premises sign"
means any sign which advertises products, services or business establishments which are not located, conducted, manufactured, or sold upon the same premises upon which the sign is erected.
k.
"On-premises sign"
means any sign which advertises products, services, or business establishments which are located, conducted, manufactured, or sold upon the same premises upon which the sign is erected.
l.
"Outdoor advertising structure"
means a structure erected and maintained for outdoor advertising purposes upon which a poster, bill, printing, or painting may be placed to advertise products, goods, services, or business establishments located, conducted, manufactured, or sold upon the premises on which the structure is erected.
m.
"Projecting sign"
means any sign attached to a building or structural wall and extending horizontally outward from such wall more than 18 inches.
n.
"Roof sign"
means any sign which is erected upon or over the roof or over a parapet of any building or structure.
o.
"Sign"
means any words, lettering, parts of letters, figures, numerals, phrases, sentences, devices, designs, pictures, trade names, or trademarks by which anything is made known, such as are used to designate a firm, association, corporation, profession, business, or service, whether placed on the ground, rocks, trees, stumps, or other natural objects, or on a building, wall, roof, frame, support, fence, or other manmade structure, which are visible from any public street, public highway, or public road right-of-way. For the purpose of this code, the word "sign" does not include the flag, pennant, or insignia of any nation, state, town, city, or other political unit, or of a nonprofit organization. It shall not include, further, any official notice issued by any court, public body or officer, or directional warning or information sign or structure required or authorized by law.
p.
"Sign area"
shall mean the area of a sign that is used for display purposes, excluding the minimum frame and supports. In computing sign area, only one side of a back-to-back or double-face sign covering the same subject shall be computed when the signs are parallel or diverge from a common edge by an angle of not more than 45 degrees. In relation to signs that do not have a frame or a separate background, sign area shall be computed on the basis of the least rectangle large enough to frame the display.
q.
"Time and temperature device"
means any mechanism that displays the time and temperature, but does not display any commercial advertising or identification.
r.
"Wall sign"
means any sign posted or painted upon, suspended from, or otherwise affixed to a wall, fascia, canopy, or marquee in an essentially vertical position or with exposed face of the sign in a place approximately parallel with the wall or fascia upon which it is attached.
s.
"Wind sign"
means any propeller, whirligig, or similar commercial device which is designed to flutter, rotate, or display other movement under the influence of wind. This definition shall not include pennants, flags, or banners.
"Site development standards"
means established regulations for lot areas, setbacks, building height, lot coverage, open space, and other regulations deemed necessary to accomplish the goals and purposes of the underlying zoning district.
"Street, public"
means a thoroughfare which has been dedicated and accepted by the Council, which the City has acquired by prescriptive right or which the City owns, or accepted for dedication on an approved final plat, or a thoroughfare which has been dedicated or made public by right of use and which affords access to abutting property, including highways, roads, lanes, avenues, and boulevards. Any street or road shown on the streets master plan or land use maps or official zoning maps as a public street.
“Storage facility” or “storage yard”
means an open area used to store equipment, vehicles, trailers, containers, goods, or materials.
“Storage units”
means rentable, enclosed space typically used for storing personal or business items.
"Structure"
means anything constructed, the use of which requires fixed location on or in the ground, or attached to something having a fixed location upon the ground and which imposes an impervious material on or above the ground; definition includes "building." All structures must maintain the minimum setbacks for the district in which they are located, both above and below the ground.
"Studio apartment"
means a dwelling unit consisting of a single room equipped for cooking, living, and sleeping, having a separate bathroom or kitchen for the exclusive use of that apartment, all having a combined floor area of not more than 1,000 square feet.
"Subdivider"
means any person who (a) having an interest in land, causes it, directly or indirectly, to be divided into a subdivision; or who (b) directly or indirectly, sells, leases, or develops, or offers to sell, lease, or develop, or advertises for sale, lease, or development, any interest, lot parcel site, unit, or plat in a subdivision; or who (c) engages directly or through an agent in the business of selling, leasing, developing, or offering for sale, lease, or development a subdivision or any interest, lot, parcel site, unit, or plat in a subdivision; or who (d) is directly or indirectly controlled by, or under direct, or indirect common control with any of the foregoing.
"Subdivision"
means any land, vacant or improved, which is divided or proposed to be divided into two or more lots, parcels, sites, units, plots, or interests. Subdivision includes the division or development of residential and nonresidential zoned land, whether by deed, metes and bounds description, devise, intestacy, lease, map, plat, or other recorded instrument.
"Subdivision agent"
means any person who represents, or acts for or on behalf of, a subdivider or developer, in selling, leasing, or developing, or offering to sell, lease, or develop any interest, lot, parcel, unit, site, or plat in a subdivision, except an attorney-at-law whose representation of another person consists solely of rendering legal services.
"Subdivision plat"
means the final map or drawing, described in these regulations, on which the subdivider's plan of subdivision is presented to the Administrative Land Use Authority for approval and which, if approved, may be submitted to the Summit County Recorder for filing at the subdivider's expense.
(Ord. 66 §§ 2.136 – 2.154, 1993; Ord. 2016-09 § 1, 2016; Ord. 2021-15 § 1 (Exh. A), 2021; Ord. 2025-03, 8/14/2025)
§ 18.10.200 "T" Definitions.
"Tandem parking"
means parking designs which necessitate parking one vehicle behind another. Such parking may not include more than two cars in depth, and may not require occupants of separate dwellings to park behind one another.
"Temporary improvement"
means improvements built and maintained by a subdivider during construction of the subdivision and prior to release of the performance guarantee.
"Total landscaped area"
means improved areas of the property that incorporate all the completed features of the landscape. The landscape area does not include footprints of buildings or structures, sidewalks, driveways, and other nonirrigated areas intentionally left undeveloped.
(Ord. 66 §§ 2.155, 2.156, 1993; Ord. 2016-09 § 1, 2016; Ord. 2023-08 § 1 (Exh. A), 2023; Ord. 2025-03, 8/14/2025)
§ 18.10.210 "U" Definitions.
"Use, intensity"
means the maximum number of residential units, or commercial, or industrial space within a specified land area designated for that purpose.
(Ord. 66 §§ 2.161, 2.162, 1993; Ord. 2016-09 § 1, 2016; Ord. 2025-03, 8/14/2025)
§ 18.10.220 "V" Definitions.
Reserved.
(Ord. 2025-03, 8/14/2025)
§ 18.10.230 "W" Definitions.
Reserved.
(Ord. 2025-03, 8/14/2025)
§ 18.10.240 "X" Definitions.
Reserved.
(Ord. 2025-03, 8/14/2025)
§ 18.10.250 "Y" Definitions.
"Yard"
means a required space on a lot other than a court, unoccupied and unobstructed by buildings from the ground upward, except as otherwise provided herein. Yard areas for below-grade structures must be provided unless a variance is obtained.
"Yard, front"
means a required space between the front line of the main building and the front lot line or closer right-of-way line of an abutting street or right-of-way and extending across the full width of a lot. The "depth" of the front yard is the minimum distance between the front lot line and the front line of the closest main building.
"Yard, rear"
means a required space between the rear line of the building and the rear lot line, or closer public street and extending the full width of the lot. The depth of the rear yard is the minimum distance between the rear lot line and the rear line of the main building.
"Yard, side"
means a required space between the side line of the building and the side lot line and extending from the front yard to the rear yard. The "width" of the side yard shall be the minimum distance between the side lot line and the side line of the building.
(Ord. 66 §§ 2.163 – 2.166, 1993; Ord. 2016-09 § 1, 2016; Ord. 2025-03, 8/14/2025)
§ 18.10.260 "Z" Definitions.
Reserved.
(Ord. 2025-03, 8/14/2025)
§ 18.15.010 Purpose.
The regulations in this chapter and Chapters 18.80 through 18.110 FCC qualify or supplement the regulations appearing elsewhere in this title and FCC Title 17.
(Ord. 66 § 3.1, 1993; Ord. 2016-09 § 1, 2016; Ord. 2025-03, 8/14/2025)
§ 18.15.020 Reduced site requirements.
Any lot under separate ownership of record prior to the adoption of the original Francis development code, on March 10, 1993, which has dimensions which would prevent building because of the front yard, rear yard, and side yard setback required by the zone in which the lot is located, and any lot which has been approved by the City prior to the effective date of the ordinance codified in this title and FCC Title 17 which would prevent building because of the front yard, rear yard, and side yard setbacks required by the zone in which it is located, shall be deemed to comply with the requirements of the zone in which it is located. The standards of the International Building Code for development on construction on or near lot lines must still be met.
This section is not intended to conflict with FCC § 18.15.070 nor shall it be interpreted as taking precedence over the requirements of FCC § 18.15.070.
(Ord. 66 § 3.3, 1993; Ord. 2016-09 § 1, 2016; Ord. 2025-03, 8/14/2025)
§ 18.15.030 Lot standards.
Except as otherwise provided in this title and FCC Title 17, no building permit shall be issued for a lot unless the lot has the area, width, and depth required by the regulations for the zone in which it is located, and frontage on a street shown on the streets master plan, land use map, official zoning maps or on private easements connecting the lot to a street as shown on the above-mentioned plans or maps.
(Ord. 66 § 3.4, 1993; Ord. 2016-09 § 1, 2016; Ord. 2022-01 § 1 (Exh. A), 2022; Ord. 2025-03, 8/14/2025)
§ 18.15.040 Sale or lease of required space.
No space needed to meet the width, yard area, coverage, parking, or other requirements of this title and FCC Title 17 for lot or building requirements may be sold or leased away from such lot or building.
(Ord. 66 § 3.5, 1993; Ord. 2016-09 § 1, 2016; Ord. 2025-03, 8/14/2025)
§ 18.15.050 Sale of lots below minimum space requirements.
No parcel of land which has less than the minimum width and area requirements for the zone in which it is located may be created from a larger parcel of land for the purpose, whether immediate or future, of building or development as a lot.
(Ord. 66 § 3.6, 1993; Ord. 2016-09 § 1, 2016; Ord. 2025-03, 8/14/2025)
§ 18.15.060 Fences, walls and hedges.
1.
Clear View Area. No sight-obscuring fence, wall, or structure in excess of 48 inches in height above road grade which will prevent a clear view to automobile drivers of approaching vehicles or pedestrians shall be placed on a corner lot within a triangular area formed by the street property lines and a line connecting them at points 25 feet from the point of intersection of the street lines. Street trees and other landscaping plantings are permitted within the clear vision area, provided they are pruned and trimmed to a height of not more than 48 inches in height nor less than seven feet above the road grade so as to not obstruct the clear view of motor vehicle drivers.
2.
Fences, Walls, Hedges, and Other Structures in a Front Setback. No fence, wall, hedge, planting or other structure extending into or enclosing all or part of the front or side yard setback area adjacent to a street shall be constructed or maintained at a height greater than 48 inches; provided, that where the fence fabric is to be of the chain link or other open mesh type not more than 20% opaque and remains non-sight-obscuring, the height may be increased to 72 inches.
3.
Fences, Walls, Hedges, and Other Structures in a Side Yard Setback, Corner Lot. No fence, wall, hedge, planting or other structure shall be constructed in the side yard setback of a corner lot exceeding 48 inches unless the following conditions are met:
a.
No portion of the fence, wall, hedge, planting or other structure exceeding 48 inches in height shall be located closer than 20 feet to the property line adjacent to the street, and shall not extend into the front setback area or the clear vision area of the lot as defined in subsection 1 of this section.
b.
The fence, hedge, wall, planting or structure shall not exceed six feet in height.
c.
Placement of the fence, wall, hedge, planting or other structure in the location proposed shall not result in the establishment of a hazardous condition.
4.
Fences, Walls, Hedges, and Other Structures on Double Frontage Lots. A sight-obscuring fence, wall, hedge, or other structure may be placed within three feet of the rear property line; provided, that the placement will not result in the establishment of a hazardous condition to adjacent properties as determined by the City Planner. Decisions of the City Planner may be appealed to the Planning Commission.
5.
Fences in Other Locations. Fences, walls, and hedges constructed in areas not expressly prohibited may be freely erected; provided, that no fence shall be higher than six feet, unless required for a commercial development screen or buffer.
(Ord. 66 § 3.7, 1993; Ord. 1999-1 §§ 3.7.1, 3.7.4, 3.7.6, 1999; Ord. 2016-09 § 1, 2016; Ord. 2025-03, 8/14/2025)
§ 18.15.070 Clear view of intersecting streets.
In all zones, no obstruction to public or private street views in excess of two feet in height above road grade shall be placed on any corner lot within a triangular area formed by the streets at the property lines and a line connecting them at points 25 feet from the intersection of the street right-of-way lines, except that landscaping plantings are permitted within the clear vision area, provided they are pruned and trimmed to a height of not more than 48 inches in height nor less than seven feet above the road grade to permit automobile drivers an unobstructed view.
(Ord. 66 § 3.9, 1993; Ord. 1999-1 § 3.9, 1999; Ord. 2016-09 § 1, 2016; Ord. 2025-03, 8/14/2025)
§ 18.15.080 Public utility structures.
Public utility structures may be permitted on less than the required size lots in any district as approved by the Planning Commission.
(Ord. 66 § 3.10, 1993; Ord. 2016-09 § 1, 2016; Ord. 2025-03, 8/14/2025)
§ 18.15.090 Zero side yard requirements.
In subdivisions where the arrangement and placement of buildings are fixed, and so designated on the final plat, the Planning Commission may, after careful review, approve the subdivision waiving one of the required side yards. These reductions are only made to help in the preservation of the open space, common areas, pedestrian walkways or pathways, sensitive natural features, and common parking lots.
(Ord. 66 § 3.11, 1993; Ord. 2016-09 § 1, 2016; Ord. 2025-03, 8/14/2025)
§ 18.15.100 Height provisions.
The height of any structure shall not exceed the maximum height of 32 feet in residential zones, 40 feet in the C-1, LI-1, and P-F zones, and 45 feet in the City Center (CC) zone, unless an express exception in this code applies, nor exceed the recommendation of the South Summit Fire District. To allow for attachments which are unoccupied and clearly accessory in nature, the following exceptions apply:
1.
Antennas, chimneys, flues, vents, or similar structures may extend up to 10 feet above the specified maximum height limit for the zone.
2.
Water towers and mechanical equipment in nonresidential zones may extend up to 10 feet above the specified maximum height limit.
3.
Church spires, bell towers, clock towers, cupolas, and like architectural elements on nonresidential lots may extend over the specified maximum height limit but shall not contain any habitable spaces above the maximum zone height stated. These elements must be approved as part of the site plan review and under no circumstances shall be more than 50 feet above grade unless approved as part of a conditional use permit.
(Ord. 66 § 3.13, 1993; Ord. 1999-1 § 3.13, 1999; Ord. 2008- § 3.13, 2008; Ord. 2016-09 § 1, 2016; Ord. 2024-03 § 1 (Exh. A), 2024; Ord. 2024-07 § 1 (Exh. A), 2024; Ord. 2025-03, 8/14/2025)
§ 18.15.110 Establishments offering alcoholic beverages for sale.
Any application for a permit to operate an establishment that offers alcoholic beverages for sale must first be reviewed for local consent by the City Council, which the City Council may grant or deny, in its sole and absolute discretion.
(Ord. 66 § 3.15, 1993; Ord. 2016-09 § 1, 2016; Ord. 2025-03, 8/14/2025)
§ 18.15.120 Right to farm provisions.
Francis has areas that have traditionally been agriculture. The City Council places a high value on the protection and preservation of agricultural land. At the discretion of the City staff, developments that border an agricultural area, contain within them an agricultural or irrigation right-of-way or easement, or will contain an agricultural open space or preservation, shall have additional requirements imposed upon the developer in the form of an analysis to be reviewed and implemented as part of the commercial development or subdivision process. This impact analysis shall be used to determine the impact(s) on associated farming and/or livestock operations affected by the development, and implement mitigation and protection designs in the development to alleviate conflicts with the affected agricultural operations.
The developer is responsible for the performance of the analysis with the input and review by the City. The Planning Commission and developer shall use the following review guidelines or issues in determining the impact on farming operations of the development, and will apply appropriate conditions during the approval process to insure that the farm or ranch affected is assured a right to farm without undue burden of residential or commercial growth and complaints by neighbors. All rights to farm are preserved to the best ability of the City, taking into consideration practical land use applications and private property rights and concerns.
The following factors shall be used as guidelines or issues in the preparation and review of the agricultural impact analysis. Solutions may be developed as permit conditions and restrictive covenants or agreements:
1.
Protection of irrigation access and maintenance of ditches and canals.
2.
Safety and protection of the public from ditches, canals, ponds and drainage systems.
3.
Livestock movement corridor protections and safety concerns.
4.
Fencing safety (i.e. electrical, barbed wire) and design.
5.
Private property protection issues.
6.
Hunting protection, access and livestock safety concerns.
7.
Protection of farm equipment ingress and egress.
8.
Erosion and soil protection and conservation concerns.
9.
Drainage of the subdivision and designs to minimize the impact on agricultural lands and soils.
10.
Noxious weeds, pests and pet (dog) controls in the subdivision.
11.
Provisions, acknowledgments and understandings by new property owners (including hold harmless agreements if necessary) that farm work hours run late and begin early and that farm operations may contribute to noises and odors objectionable to some subdivision residents.
12.
Screening provisions and landscaping designs to reduce noise or visual impacts.
Any other provisions or concerns that the Planning Commission deems necessary to protect the rights to farm on adjoining or appurtenant properties. |
These provisions are not in any way intended to relieve an agricultural landowner of appropriate responsibility. |
(Ord. 66 § 3.21, 1993; Ord. 2016-09 § 1, 2016; Ord. 2025-03, 8/14/2025)
§ 18.15.130 Standards for approving storage facilities.
The intent and purpose of this section is to protect the community and neighboring properties from litter, vermin, a loss of property value, or other ill effects of unsightly or uncontained storage, junk or salvage yards.
1.
Scope. The provisions of this section shall apply to storage facilities authorized by which zone they are applied for.
2.
Requirements. The City Planner may grant a permit for a storage yard, provided the following conditions are met:
a.
Such use is located in the LI-1 zone.
b.
All facilities shall provide an attractive eight-foot sight-obscuring fence of substantial nature on surrounding property lines. The fence materials may not include vinyl, chain-link, or residential wood slat. The fence shall be set back four to eight feet from the property line(s) adjacent to public streets to allow for landscaping.
c.
All storage facilities must meet setbacks of current property zones or uses they are adjacent to. Current use will supersede zoning.
d.
Follow City noise ordinance.
e.
Follow commercial development standards as outlined in the following sections: FCC § 18.45.030 (Permitted accessory uses), § 18.45.040 (Lot area), § 18.115.170 (Trash, material storage, and pollution), § 18.115.090 (Landscaping), § 18.115.110 (Grading and drainage), § 18.115.120 (Utilities), § 18.115.130 (Service and loading areas), § 18.100.100 (Off-street parking), and Chapter 18.118 FCC (Commercial Outdoor Lighting).
(Ord. 66 § 3.22, 1993; Ord. 1999-1 § 3.31 [3.22], 1999; Ord. 2008- § 3.22, 2008; Ord. 2016-09 § 1, 2016; Ord. 2020-06/2020-11 § 1 (Exh. A), 2020; Ord. 2021-06 § 1 (Exh. A), 2021; Ord. 2025-03, 8/14/2025)
§ 18.15.140 Household pets and domesticated farm animals.
Domesticated farm animals include horses, cattle, sheep, llamas, pigs, chickens, goats and donkeys. Household animals include dogs and cats. Platted subdivisions are defined as any division of a tract of land or parcel of land into more than four lots for the purpose of development and zoned R-H, R-C, or M-F, or AG-1 or AG-2 conservation subdivision (not including designated agricultural open space).
1.
Areas of Francis City which have historically been agricultural and are not part of platted subdivisions are allowed to have such domesticated farm animals as can be properly cared for on each lot.
2.
Areas of Francis City within platted subdivisions are permitted to have two horses or cattle, or four sheep, llamas, goats or donkeys per contiguous half acre devoted exclusively to their care. Additional animal densities may be approved through the conditional use process.
3.
No more than three household animals are permitted per lot in platted subdivisions.
4.
No domesticated farm animals are permitted in the R-C or M-F zone.
5.
In platted subdivisions, chickens may be kept only pursuant to the following provisions:
a.
Up to six hens are allowed per household or property address. No crowing hens or roosters are permitted.
b.
All coops must be located in the rear portion of the lot and must be set back at least 12 feet for side yards and 25 feet from the rear property line. In addition, no coop may be located within 30 feet of the nearest dwelling unit on adjacent properties.
c.
Coops must be constructed with solid walls on all sides, except for access by chickens. Coops must have a solid roof and be built to prevent intrusion, including by burrowing, from all types of rodents, vermin and predatory animals.
d.
Chickens must be confined within a secure area that ensures they will not leave the owner's property.
e.
Coops, pens and/or runs must be cleaned so that there is no odor.
f.
Chickens may be kept for personal use only. No sale or income resulting from the keeping of chickens is allowed.
(Ord. 66 § 3.24, 1993; Ord. 2008- § 3.24, 2008; Ord. 2012-06 §§ 1, 2, 2012; Ord. 2013-02 §§ 1, 2, 2013; Ord. 2016-09 § 1, 2016; Ord. 2021-15 § 1 (Exh. A), 2021; Ord. 2022-01 § 1 (Exh. A), 2022; Ord. 2025-03, 8/14/2025)
§ 18.15.150 Nuisance abatement.
The provisions of this section shall apply in all zones in Francis City.
1.
Definitions.
"Junk"
includes, but is not limited to, scrap or remnant building materials, lumber or metals; discarded furniture, fixtures or appliances; motor vehicle parts and tires; wrecked or nonoperational, unlicensed or abandoned vehicles or trailers; inoperable, abandoned, demolished, or dismantled machinery; boats and other goods and equipment in such condition of deterioration or disrepair as to be unusable in their existing condition.
"Rubbish" and "debris"
mean all waste, refuse and rejected matter and material, whether animal, vegetable or mineral, manufactured or natural.
2.
Unlawful Accumulations.
a.
It shall be deemed a public nuisance and unlawful to deposit, accumulate, store, keep, abandon or to permit the accumulation, storage, keeping or abandonment of junk, rubbish or debris in an open area or yard on private or public property within the City. All such materials must be screened from public streets and adjacent property or stored within an enclosed building.
b.
It is unlawful for any person to place, leave, dump or permit to accumulate any garbage, rubbish or trash in any building or on any premises, improved or vacant, or on any open lot or alley so that the same shall or may afford food or harborage for rats or other vermin.
(Ord. 2016-09 § 1, 2016; Ord. 2024-09 § 1 (Exh. A), 2024; Ord. 2025-03, 8/14/2025)
§ 18.15.160 Parking and access.
Each residential dwelling unit is required to provide off-street parking in accordance with FCC § 18.100.100.
(Ord. 66 § 5.2.3.10, 1993; Ord. 2016-09 § 1, 2016; Ord. 2021-15 § 1 (Exh. A), 2021; Ord. 2025-03, 8/14/2025)
§ 18.15.170 Landscaping.
All property located in front of the residential structure and the front setback, except driveways, parking areas, walkways, utility areas, improved decks, patios, and porches, shall be maintained with suitable landscaping of plants, shrubs, trees, grass or other landscaping materials.
The following water conservation outdoor landscaping standards apply to residential front and side yards and to developer/contractor installed residential area landscaping:
1.
Lawn shall not be less than eight feet wide at its narrowest point.
2.
Lawn shall not exceed 50% of the total landscaped area.
3.
Small residential lots, which have no back yards, where the total landscaped area is less than 250 square feet, and where the front yard dimensions cannot accommodate the minimum eight feet wide lawn area requirement, are exempt from the eight-foot minimum lawn area requirement and maximum of 50% lawn requirement.
4.
Lawn shall not be installed in park strips, paths, or on slopes greater than 25% or 4:1 grade.
5.
In multifamily development common area landscapes, lawn areas shall not exceed 20% of the total landscaped area, outside of areas of the landscape dedicated to active play where lawn may be used as the playing surface (e.g., sports fields and play areas).
6.
The Localscape approach (localscapes.com) is recommended.
(Ord. 66 § 5.2.3.11, 1993; Ord. 2016-09 § 1, 2016; Ord. 2023-08 § 1 (Exh. A), 2023; Ord. 2025-03, 8/14/2025)
§ 18.15.180 Location of boats, trailers, campers, and motor homes.
Boats, trailers, campers and motor homes may not be stored in the front yard setback, the side yard setback of a corner lot, or in the street in front of a lot in excess of 24 hours, except that a vehicle owned by a guest of the resident may be stored in a required front yard setback or side yard setback of a corner lot for up to 14 consecutive days per calendar quarter. A motor home or RV may be occupied by a guest or guests of the resident for up to 14 consecutive days per calendar quarter.
(Ord. 66 § 5.2.3.12, 1993; Ord. 2016-09 § 1, 2016; Ord. 2025-03, 8/14/2025)
§ 18.15.190 Trash and hazardous waste storage.
All trash storage areas shall be screened from the public or adjoining residential area view by appropriate fencing or landscaping methods and placed in a rear area of the main building if possible. No hazardous materials, chemicals or oils/solvents shall be stored in areas that do not meet health department regulations or are accessible to the public.
(Ord. 66 § 5.2.3.13, 1993; Ord. 2016-09 § 1, 2016; Ord. 2024-09 § 1 (Exh. A), 2024; Ord. 2025-03, 8/14/2025)
§ 18.15.200 Decks.
Residential decks are to be built per International Residential Code R507 Exterior Decks. Commercial decks are to be built per International Building Code 1604.8.3.
All decks must be permitted and inspected, except those less than or equal to 200 square feet, less than or equal to 30 inches above grade, not attached to dwelling, and not serving required exit door.
The following yard setback requirements shall apply on all lots in all zones:
1.
Front Yard Setback. The minimum front yard for all decks shall be 25 feet, except in the R-C zone and in conservation subdivisions the minimum front yard for all decks shall be 20 feet.
2.
Side Yard Setback. The minimum side yard for all decks on interior lots shall be 10 feet.
3.
Rear Yard Setback. The minimum rear yard for all decks shall be 10 feet.
All decks require a building permit.
(Ord. 2020-09 § 1 (Exh. A), 2020; Ord. 2022-01 § 1 (Exh. A), 2022; Ord. 2025-03, 8/14/2025)
§ 18.15.210 Accessory dwelling units (ADUs).
1.
Purpose and Intent. The purposes of this section are to assist in the creation of new housing units; to support a more efficient use of existing housing stock and infrastructure; to provide housing that responds to changing family needs, smaller households, and increasing housing costs; and to provide reasonable regulations for the construction and use of accessory dwelling units within the City.
The Planning Department is vested with authority to review and evaluate applications under this section and to approve, approve with conditions, or deny any such application. Conditions imposed for approval shall be designed to mitigate any adverse effects of an ADU.
2.
Limitations on Accessory Dwelling Units.
a.
External accessory dwelling units ("EADUs") are allowed as a permitted use in the AG-1, AG-2 or R-H zones on lots greater than or equal to one-half acre if the following conditions are met:
i.
The EADU must meet the same residential setback requirements as the zone in which it is located;
ii.
Not more than one EADU or IADU is allowed per parcel;
iii.
HOA or CC&R requirements must be met;
iv.
A building permit must be obtained for an EADU before it is constructed, and all inspections must be complete before occupancy;
v.
EADU living space may not exceed 1,000 square feet;
vi.
An EADU shall provide kitchen, sleeping, and sanitary facilities that are separate from those provided within the primary dwelling unit;
vii.
The EADU shall be used exclusively for the purpose of family or guest use or of offering a long-term rental of 30 days or longer;
viii.
The EADU may house a maximum of four unrelated tenants;
ix.
Two off-street designated parking stalls shall be provided for the EADU separate from what is required for the primary dwelling;
x.
The EADU may be connected to and served by the same utility lines as the principal dwelling; however, the property owner shall have two City utility service accounts, with the owner responsible for both accounts. The two dwelling units will total 150% of water allotted by the City. In the event of an overage, the principal dwelling account will be charged additionally. Impact fees (water, sewer and road) will also be charged for the additional unit;
xi.
An EADU will not be given a separate address by the City. Residences with EADUs may refer mail to the EADU by the same street address as the residence and refer to the owner-occupant as located in unit "A" and the tenant(s) in the EADU as located in unit "B," or by similar logical distinction;
xii.
Mobile homes, recreational vehicles, travel/camp trailers and similar units are prohibited for use as an EADU or for any other dwelling purpose under this title; and
xiii.
An EADU shall not be used as a short-term rental, shall not be listed for rental on a short-term rental website or for short-term rental in any other media or publication.
b.
Internal accessory dwelling units ("IADUs") are allowed as a permitted use in a single-family dwelling in the AG-1, AG-2, R-H, and R-C zones. They are not allowed as a permitted use in the M-F residential zones.
i.
A maximum of one IADU is allowed per single-family dwelling. An IADU is prohibited in single-family attached dwellings such as, but not limited to, duplexes, twin homes, townhomes, and quadplexes;
ii.
The IADU shall be located within the footprint of the primary dwelling at the time the IADU is created;
iii.
The IADU shall be used exclusively for the purpose of family or guest use or of offering a long-term rental of 30 days or longer;
iv.
The IADU may house a maximum of four unrelated tenants;
v.
A primary dwelling with an IADU shall provide parking in a manner consistent with the City's parking ordinances, rules, and regulations. In addition to the parking standards of the City and in the applicable zone, there shall be at least one off-street parking stall for an IADU. If an IADU is created within a garage or carport, the parking stalls previously contained within the garage or carport shall be replaced with an equal number of off-street parking stalls;
vi.
The IADU shall comply with all applicable building, health, and fire codes;
vii.
The IADU shall be designed in a manner that does not change the appearance of the primary dwelling as a single-family dwelling;
viii.
An IADU is prohibited within any mobile home (as defined by Section 57-16-3, Utah Code Annotated);
ix.
If the primary dwelling is served by a septic tank, written approval shall be required from the Summit County Health Department;
x.
The lot or parcel on which the primary dwelling is located shall be at least 6,000 square feet in size;
xi.
An IADU shall provide kitchen, sleeping, and sanitary facilities that are separate from those provided within the primary dwelling unit;
xii.
The IADU shall share all utility meters with the primary residence;
xiii.
An IADU will not be given a separate address by the City. Residences with IADUs may refer mail to the IADU by the same street address as the residence and refer to the owner-occupant as located in unit "A" and the tenant(s) in the IADU as located in unit "B," or by similar logical distinction; and
xiv.
An IADU shall not be used as a short-term rental, shall not be listed for rental on a short-term rental website or for short-term rental in any other media or publication.
3.
ADU Application and Permit.
a.
Every owner of an IADU or EADU in the City shall obtain an ADU permit before any portion of a single-family residence is used for that purpose or before an EADU is constructed. A permit issued under this section does not run with the land and expires upon the residence failing to be owner-occupied or upon the sale of the residence.
b.
An application for an ADU permit shall be filed with the Planning Department and accompanied by the fee required by the fee and rate schedule.
c.
An applicant shall file a site plan and floor plan with the application. The site plan and floor plan shall demonstrate that all requirements of this section are met, including without limitation requirements related to: compliance with all health, building and fire codes; parking requirements; size of the ADU; utility services; and kitchen, sleeping and sanitary facilities.
d.
The site plan and floor plan shall be drawn accurately to scale showing property lines and dimensions, the location of existing buildings or additions, distances from buildings or additions to property lines, the location of parking stalls, utility meters, entrances to the home, and areas within the single-family residence to be used as an ADU.
4.
Noncompliance – Revocation or Withdrawal of Permit. A permit for an ADU may be revoked or withdrawn in the following circumstances:
a.
The conditions upon which the permit has been issued no longer are maintained by the property owner;
b.
The requirements of this section or the permit have been violated; or
c.
The property owner applies for a withdrawal by submitting a sworn declaration that the property owner or lawful tenant is not allowing and will not allow any occupant to use the accessory dwelling unit in violation of this section.
5.
Enforcement – Revocation of Permit. In the event of a violation of this section, enforcement and revocation proceedings may be commenced as provided in this title.
(Ord. 2020-15 § 1 (Exh. A), 2020; Ord. 2021-19 § 1 (Exh. A), 2021; Ord. 2023-04 § 1 (Exh. A), 2023; Ord. 2023-05 § 1 (Exh. A), 2023; Ord. 2024-08 § 1 (Exh. A), 2024; Ord. 2025-03, 8/14/2025)
§ 18.15.220 Short-term rentals.
1.
Purpose – Allowed Locations. The purpose of this section is to establish the process for permitting of short-term rentals whether as a vacation rental or otherwise. The intent is to protect the integrity and characteristics of established land use districts by ensuring that short-term or vacation rentals are operated in a manner that minimizes negative impacts of those uses on neighbors, public services, and the surrounding community. A short-term rental use is allowed in any residential zone when there is not already a short-term rental permit issued within 500 feet. The maximum number of short-term rental permits that shall be issued in the City is 3% of the total number of residential properties in the City.
2.
Planning Department Review. The Planning Department is vested with authority to review and evaluate applications under this section and to approve, approve with conditions, or deny any such application.
3.
Definitions.
a.
Responsible Party.
The owner(s), agent(s) or management company responsible for the operation and maintenance of the short-term rental property and for its compliance with all laws, rules and regulations applicable to the same. The responsible party must respond to a complaint in person within one hour.
b.
Occupant(s).
The individual(s) renting or residing in a short-term rental dwelling unit.
c.
Pets.
Dogs, cats, or other domesticated animals allowed under City ordinances that, with permission of the responsible party, accompany the occupants of the short-term rental.
4.
Permit Required. A short-term rental permit, business license, certificate of occupancy, and all licenses and permits required by the Summit County Health Department and the State shall be required for all properties used as short-term rentals. The fee required by the fee and rate ordinance shall accompany the permit application. Short-term rental permits are not transferable. If the property is sold, the new owner(s) must apply for a permit if they wish to continue the use.
5.
Application for Permit. The application for a short-term rental permit shall be made on forms provided by the City and shall include a phone contact number and email address for the owner and, as applicable, the responsible party. The application shall be accompanied by a site plan and floor plan that demonstrate that all requirements of this section are met. The plans shall be drawn to scale showing the location of all buildings, property lines, distances from property lines to all buildings, the location of all parking stalls, utility meters, entrances, and such other information as may be required by the application. The drawings shall also demonstrate compliance with all applicable building, health, and fire codes. If the application is made by any person other than the owner of the property, or if the property is not owner-occupied or owner-managed, the application shall be accompanied by a signed document demonstrating the owner's permission to use the premises as a short-term rental, identifying the responsible party, and providing all details about the identity and business operations of the responsible party as may be required in the application.
6.
Prior to operating a short-term rental, the owner or responsible party shall obtain approval and shall meet all requirements of the short-term rental permit. At the time of, or prior to, receiving approval, the responsible party shall register the business with the state, and obtain a state sales tax ID number; proof of the same shall be filed with the City.
7.
Review. The Planning Department shall review complete applications for a short-term rental permit under this section and shall approve, approve with conditions, or deny the application based on the criteria listed in this section.
8.
Reports and Taxes. The responsible party shall comply with all reporting requirements incident to the use as a short-term rental property, and shall collect and remit all sales, resort, and transient room taxes to the State Tax Commission.
9.
Noise, Nuisances and Adverse Effects of Use. The responsible party shall regulate the occupancy of the short-term rental and ensure that:
a.
Occupants and their pets do not create noise or other conditions that by reason of time, nature, intensity or duration are out of character with noise and conditions customarily experienced in the surrounding neighborhood;
b.
Occupants do not disturb the peace of surrounding residents by engaging in outside recreational activities or other activities that adversely affect nearby properties before 7:00 a.m. or after 10:00 p.m.;
c.
Occupants and their pets do not interfere with the privacy of nearby residents or trespass onto nearby properties;
d.
Occupants do not engage in disorderly or illegal conduct, including illegal consumption of drugs or alcohol; and
e.
The premises, responsible party and all occupants strictly comply with Utah Admin. Code R392-502, Public Lodging Facility Sanitation.
10.
Parking. On-street parking is prohibited. An off-street parking stall shall be provided for each vehicle, including trailers, an occupant brings to the premises of the short-term rental. The number of occupants' vehicles shall not exceed the number of bedrooms available in the short-term rental. Vehicles parked at the short-term rental shall not impede clear sight distances, create a nuisance or hazard, violate any City laws or winter-restricted parking requirement, or infringe on the property rights of any adjacent or nearby property. Parking of vehicles shall be entirely within a garage or carport, or upon a driveway or other gravel or paved surface. Parking is prohibited within any landscape area.
11.
Camping Equipment, Facilities, and Other Temporary Facilities. All short-term rentals shall be conducted entirely within an approved residential dwelling unit. Occupied camp trailers, travel trailers, recreational vehicles, tents, yurts, or any similar structures are prohibited.
12.
Signage – Exterior and Interior. Exterior signage other than ordinary street address signage is prohibited. The responsible party shall provide a prominent display within the dwelling unit that provides, at minimum, the following information:
a.
Contact information for the responsible party at which it may be contacted at any time (24/7);
b.
All local regulations addressing noise, parking, pets, trespassing, illegal activity, and conduct; and
c.
Any additional rules or regulations imposed by the responsible party.
13.
Maintenance and Standards. Any property licensed as a short-term rental shall conform to the following standards:
a.
Structures shall be properly maintained and all facilities such as plumbing, HVAC equipment, appliances, etc., kept in a condition that is fully operational and otherwise in good repair.
b.
Grounds and landscaped areas shall be properly maintained to ensure that the use does not detract from the general appearance of the neighborhood or create any hazard or nuisance to the occupants or to neighboring properties.
c.
Each habitable space shall meet current federal, state, and local building and health codes, and shall be equipped with fully functional smoke and carbon monoxide detectors located at places within the dwelling unit that comply with applicable building codes.
d.
Garbage shall be placed in City-approved receptacles, shall not be allowed to accumulate on the property and shall be removed on regularly scheduled pickup days.
e.
A fully functional fire extinguisher shall be located in an easily accessible location.
f.
A fire exit route plan and statement of the maximum occupancy number for the premises shall be prominently posted.
g.
The responsible party shall comply with all inspection requirements of the state, Summit County, and the City.
14.
Complaints. Complaints received by the City for any violation of this section will be handled as follows:
a.
A first complaint will result in an investigation and, if warranted, the City will issue a written warning to the responsible party; said warning shall provide notice of the complaint, a description of any violation, and actions to be performed to correct a violation. Upon receipt of a second complaint, the City will conduct an investigation, and if warranted, will take one of the following courses of action:
i.
Issue another warning;
ii.
Issue a citation for violation of City ordinances or rules in accordance with Chapter 18.145 FCC, Penalties;
iii.
Initiate formal cause proceedings to revoke the short-term rental permit and business license; or
iv.
Initiate revocation proceedings as provided in this section.
b.
In the event of an order to formal proceedings, the responsible party shall appear before an administrative law judge to demonstrate, by clear and convincing evidence, why the short-term rental permit should not immediately be revoked. If the responsible party fails to appear, the facts alleged in the notice for the formal proceeding shall be deemed to be true and the administrative law judge may take such action as it deems appropriate, including revocation of the short-term rental permit.
c.
Notwithstanding any other remedy in this section, violations of federal, state, or local laws may be prosecuted in any court or administrative tribunal having jurisdiction over the matter.
(Ord. 2021-19 § 1 (Exh. A), 2021; Ord. 2025-03, 8/14/2025)
§ 18.15.230 Food trucks.
1.
Definition.
"Food truck"
means a fully encased food service establishment on a motor vehicle or on a trailer that a motor vehicle pulls to transport; and from which a food truck vendor, standing within the frame of the vehicle or trailer, prepares, cooks, sells, or serves food or beverages for immediate human consumption.
2.
License Required. No person shall sell food from a motorized vehicle or trailer without obtaining a Francis City business license prior to beginning operation. Each party engaged in such a business shall display the business license in a conspicuous location at the point of sale on the lower left (driver) side of the windshield of the vehicle. The City may deny, suspend, or revoke a license if the applicant or licensee:
a.
Has violated any provision of this title or the business license requirements;
b.
When applicable, has been convicted of a felony or has served a sentence for a felony conviction within five years, or a misdemeanor within the last three years involving controlled substances, alcohol, sex crimes, contributing to the delinquency of a minor, theft, possession of stolen property, or any other criminal act with might relate to the operation of the business.
3.
Application. Application must be made at least 10 business days prior to operation of the business.
4.
Business License. The business license shall be for a one-year period and renewed annually. The license shall run from January 1st of the year to December 31st.
5.
Multiple Vehicles. A separate business license is required for each motorized vehicle engaged in a food truck business. Each business license shall be tied to the license plate number of the vehicle.
6.
Reciprocity. Where applicable, Francis City recognizes the business licenses, health permits, and fire inspections of other municipalities in accordance with Utah State Code when considering food truck applications that will operate in the City for less than one week per calendar year.
7.
Conditions and Requirements for Food Trucks.
a.
The vehicle shall be inspected by the health and fire departments.
b.
Each applicant for a license or renewal under this section shall submit with its application evidence of general liability insurance in an amount not less than $500,000 when using motorized vehicles.
c.
The motorized vehicle and operator must comply with all other requirements of this chapter and any other requirements of ordinance or statute that may be applicable.
d.
The decibel level of any audio equipment used to play music or advertise for the business shall conform with the City noise and sound disturbance ordinance.
e.
Applicant shall provide a sales tax license number for Francis City.
f.
Anyone under the age of eighteen (18) years of age shall not engage in a food truck without an accompanying adult.
g.
A building permit shall be obtained for any electrical or plumbing connections.
h.
Retail sales are restricted to private property in the Commercial and City Center Zones. Food trucks shall be parked in non-landscaped areas and in a manner so that they do not block driveways of existing buildings or uses, interfere with internal parking lot circulation, or create a traffic hazard.
i.
Food trucks are permitted in residential zones, at parks, or on public property only as part of a special event (up to one week per calendar year) with written permission from the City.
j.
Food trucks shall not be permitted to be on a public street or within the public right of way unless as part of a special event and with written permission from the City.
k.
The operator shall provide garbage containers that shall be removed from the site when the food truck leaves the site.
l.
Grounds utilized by a food truck shall be maintained in a clean and weed-free condition.
m.
A maximum of one A-frame style sign may be used to advertise the food truck. It must be located outside of the right of way and be within 50 feet of the food truck.
n.
Food trucks shall comply with all requirements of the zoning code, as outlined in this title.
o.
Any food truck or mobile kitchen shall comply with the Utah Mobile Business Licensing and Regulation Act (see Utah Code Ann. § 11-56-102 et seq.).
p.
For each location the following shall be submitted as part of the application:
i.
Days and hours of operation.
ii.
A letter of authorization from the property owner.
iii.
A site plan, including the location of the food truck, garbage containers, signage, and dining areas.
iv.
Any proposed signage.
(Ord. 2025-03, 8/14/2025)
