Antenna, Drive Test. A temporary antenna, which is used for field-testing of telecommunications signals and possible locations but does not provide telecommunications to customers.
Antenna, Freestanding. An antenna mounted on the roof or wall of or within a stand-alone support structure including but not limited to a wooden pole, steel pole, lattice tower, utility pole, lift tower, light standard, flag pole or other vertical support.
Antenna, Roof Mounted. An antenna or series of individual antennas mounted on the roof of a building.
Antenna, Temporary. An antenna used for a time period of less than 30 days.
Antenna, Wall Mounted. An antenna or series of individual antennas mounted fully against the exterior face of a building including on the face of a chimney. A wall or face of a building is defined as the entire area of all exposed vertical surfaces of a building that are above ground and facing approximately the same direction.
Antenna, Whip. An antenna that is cylindrical in shape. Whip antennas can be directional or omni directional and vary in size depending upon the frequency and gain for which they are designed.
Dry-Cleaning Establishment. An establishment employing volatile or explosive substances for the cleaning or dyeing of fabrics. Excluded from this definition are traditional laundries employing water and soaps in the cleaning of fabrics and patron-operated dry-cleaning machines associated with
Laundromats.
Elderly Care. A long-term care residential facility for the elderly. The term does not include a health care facility.
Equipment Shelter. A structure used to house equipment for telecommunications facilities.
Fireworks Sales/Stands. The temporary display and sale of legally allowed fireworks. This use requires a business license and a temporary permit issued from the Fountain Green City Fire Chief or his/her designee after the business has had a satisfactory fire inspection.
Flood Insurance Rate Map (FIRM). An official map of a community on which the United States Federal Emergency Management Agency has delineated areas of flood hazard.
Flood Plain, 100 Year. An area where a peak flow magnitude has about a 1 percent chance of being equaled, or exceeded in any year. The area is based on statistical analysis of stream flow records available for the watershed area analysis of rainfall and runoff characteristics in the general region of the watershed. The flood would have an average frequency of occurrence of about once in 100 years.
Floor Area, Gross. The area of a building, including all enclosed areas designed for human occupation. Gross floor area does not include unenclosed porches, balconies, patios and decks, vent shafts, courtyards or garages, with a minimum floor area of 960 square feet.
Floor Area, Net Leasable. Gross floor area excluding common hallways, mechanical and storage areas, and restrooms.
Floor Area Ratio (FAR). The maximum allowed gross floor area divided by the area of the Lot or Parcel.
Gated Community. A subdivision or residential area where primary access is regulated through a gated entry point.
Grade.
- For buildings adjoining more than one street, the average of the elevations of the sidewalks at the centers of all walls adjoining streets.
- For buildings adjoining one street only, the elevation of the sidewalk at the center of that wall adjoining the street.
- For buildings having no wall adjoining the streets, the average level of the ground (finished surface) adjacent to the exterior walls of the buildings.
- All walls approximately parallel to and not more than five feet from a street line are to be considered as adjoining a street.
Grade, Finished. The finished grade of a site after reconfiguring grades according to an approved regrading plan related to building permit activity.
Grade, Natural. The elevation of the surface of the ground, which has been created through the action of natural forces and has not resulted from manmade cuts, fills, excavation, grading or similar earth moving processes. The topographic maps of Fountain Green City shall be the primary, though not exclusive, reference for determination of natural grade. Natural grade shall be determined in every instance where necessary by the city engineer.
General Merchandise Sales and Related Services. Stores, department stores, or shops intended for sale of goods or merchandise, but not including convenience goods, liquor, motor vehicles, campers, trailers, or lumber.
Heavy/Farm Equipment Sales. Vehicles or equipment in excess of one ton used in farming, construction, or other related services.
Historic Building. Any building, which is recommended as such by the city historic preservation commission to the state historic preservation officer as meeting the following standards:
- The building is associated with events that have made a significant contribution to the broad patterns of our history; or
- The building is associated with the lives of persons significant in our past; or
- The building embodies distinctive characteristics of type, period or method of construction, whether it represents the work of a master, or possesses high artistic values, or represents a significant and distinguishable entity whose components may lack individual distinction; or
- The building has yielded or may be likely to yield information important in prehistory or history.
Hospital. An institution designed for the diagnosis, treatment, and care of human illness or infirmity and providing health services, primarily for in-patients, and including as related facilities, laboratories, out-patient departments, training facilities, and staff offices, but not including clinics or health care centers.
Itinerant Merchant. Any person, firm or corporation, whether as owner, agent, consignee or employee, whether or not a resident of the municipality, who engages in a temporary business of selling and delivering goods, wares and merchandise within the municipality, and who, in furtherance of such purpose, hires, leases, uses or occupies any building, structure, motor vehicle, tent, railroad boxcar, public room in any hotel, motel, lodging house, apartment, shop or any street, alley, or other
place within the municipality, for the exhibition and sale of such goods, wares and merchandise, either privately or at public auction. This also includes a person, firm or corporation associating temporarily with a local dealer, trader, merchant or auctioneer, or by conducting such transient business in connection with, as part of, or in the name of any local dealer, trader, merchant or auctioneer.
Lattice Tower. A self-supporting multiple- sided, open steel frame structure used to support telecommunications antenna equipment.
Laundromat. An establishment in which patrons wash, dry, or dry-clean clothing and other fabrics in coin-operated, self-service machines.
Leasable, Gross. Total area including hallways, mechanical equipment room and common bathrooms.
Leasable, Net. Total area excluding hallways, mechanical equipment room and common bathrooms.
Liquor Store. A retail sales store authorized by the Utah State Liquor Commission to sell packaged alcoholic beverages for off-premise consumption.
Local Jurisdiction. Fountain Green City.
Master Planned Development (MPD). A form of development characterized by a comprehensive and unified Site plan and design reviewed under the Master Planned Development review processes described in each zone chapter of this code. The MPD generally includes a number of housing units; a mix of building types and land uses; clustered buildings designed to integrate one with another and to complement the surrounding land uses; significant open space; flexible in interior setbacks, heights, and density; and valued community amenities.
Mental Health Center. A publicly-or-privately-operated facility, intended for the diagnosis and treatment of mental or emotional disorders.
Mixed Use, Commercial. Development which incorporates a mix of uses, including retail commercial, and/or offices and residential.
Mixed Use, Horizontal. Commercial and residential uses which are within close proximity to each other and designed in a “village” manner, but not necessarily within the same building structures.
Mixed Use, Vertical. Commercial and residential uses, which are within the same building structure.
Mobile Home Park Plumbing System. The park sewer and water supply systems within the park property.
Mobile Home Service Building. A building which is not a mobile home which houses separate toilet and bathing facilities for men and women and which may also have laundry facilities, flushing-rim sink, and other facilities as may be required by theordinances of the City of Fountain Green.
Mobile Home Park Sewage System. Any pipe or line not built into the mobile home, which is used for the disposal of human waste.
Model Home. A dwelling unit used initially for display or marketing purposes, with a certificate of occupancy, which typifies the units that will be constructed.
Modular Home. A permanent dwelling structure built of prefabricated units which are assembled and erected on the site, and which meets the IBC.
Natural Waterways. Those areas, varying in width, along streams, creeks, springs, gullies, or washes that are natural drainage channels as determined by the building inspector.
Nonconforming Status Structure.
Ordinary High Water Mark. The line on the bank to which the high water ordinarily rises annually in season as indicated by changes in the characteristics of soil, vegetation or other appropriate means, which consider the characteristics of the surrounding areas. Where the ordinary high water mark cannot be found, the top of the channel bank shall be substituted. In braided channels, the ordinary high water mark or substitute shall be measured so as to include the entire stream feature.
Outdoor Recreation, Park or Playground (Public or Private). An area free of buildings except for rest rooms, dressing rooms, equipment storage and maintenance buildings, and open-air pavilions and used primarily for recreation activities not involving motor vehicles or overnight use.
Outdoor Recreational Uses. Recreational activities involving off highway vehicles and similar motorized vehicles for recreational use and horse arenas, equestrian parks and equine activity, including but not limited to equine shows, fairs, competitions, performances, racing or sales that involve any breed of equines and any equine disciplines; boarding or training equines and teaching persons equestrian skills.
Personal Services. Establishments primarily involved in providing personal grooming and related services. This definition shall include barbershops, beauty parlors, tailors, massage services, but not laundries or dry-cleaners.
Preschool. The education or teaching of children including kindergarten preparation, music lessons, etc.
Recreational and Manufactured Home Standard. A standard adopted by the American National Standards Institute or the national fire protection association for recreational vehicles, and for mobile homes manufactured prior to June 15, 1976. For manufactured homes built after June 16, 1976, “standard” means the standard adopted pursuant to the National Manufactured Housing Construction and Safety Standards Act, 1974, as amended.
Religious, Educational Institute. A 28 U.S.C. 501(c)(3) non-profit organization engaged in teaching, community programs, or spiritual endeavors, which qualifies as a tax-exempt religious institution under Title 28 of the U.S. Code.
Repair Services, Small Appliance or Equipment. An establishment for the repair of household or other small appliances or equipment and at which no such appliances or their parts are stored out-of-doors.
Resubdivision. A change in a map of an approved or recorded subdivision plat if such change affects any right-of-way, or lot line; or any change in a map or plan legally recorded prior to the adoption of regulations controlling Subdivisions.
Satellite Receiving Station. Any apparatus or device designed for the purpose of transmitting and/or receiving radio, television, satellite microwave, or other electromagnetic energy signals between terrestrially and/or orbital based uses. This definition includes but is not limited to what are commonly referred to as satellite earth stations, satellite microwave antennas, TVRO’s or dish antennas. This definition does not include conventional television antennae.
Shopping Center, Neighborhood. A planned commercial development providing primarily for the sale of convenience goods and services. The center is designed to serve a residential neighborhood.
Shopping Center, Community (Retail Business). A completely planned and designed commercial development providing for the sale of general merchandise and convenience goods and including a variety store, discount store, or supermarket.
Sign. Any words, letters, parts of letters, figures, numerals, phrases, sentences, emblems, devices, trade names or trade marks, by which anything is made known, such as are used to designate an individual, a firm, an association, a corporation, a profession, a business, a commodity, or product which are visible from any public way. Sign shall also include the sign structure supports, lighting system and any attachments, ornaments or other features intended to draw the attention of observers.
- A-frame sign. A sign constructed with two sides attached at the top so as to allow the sign to stand in an upright position. Usually temporary and/or moveable.
- Alteration, Sign. “Alteration” means a change or rearrangement in the structural part or design of a sign whether by extending on a side, by increasing in area or height, or by relocating or change in position.
- Animated Sign. A sign, which includes motion or rotation of any part by mechanical, or artificial means, or subdued color changes.
- Awning Sign. A sign painted, printed or placed on any portion of a cloth or fabric covering.
- Banner Sign. A sign made of fabric or any non-rigid material with no enclosing framework. A type of temporary sign
- Billboard Sign. An off-premise advertising sign.
- Campaign Sign. A temporary sign used by candidates running for political and elected offices and signs with political purposes.
- Flashing Sign. A sign, which has or appears to have motion or rotation of the lighting elements or displays flashing or intermittent light.
- Flat Sign. A sign erected parallel to and attached to the outside wall of a building and extending not more than twenty-four inches (24”) from such wall with messages of copy on the face side only.
- Floodlighted or Externally Lighted Sign. A sign made legible in the absence of daylight by devices, which reflect or project light upon it.
- Illuminated Sign. A sign, which has characters, letters, figures, designs, or outlines illuminated by electric lights or luminous tubes.
- Mobile Changeable Copy Sign. A sign mounted on a trailer or frame, lighted, or unlighted, with changeable lettering.
- Monument Sign. A sign six feet or less in height which is flush to the ground.
- Name Plate Sign. A sign indicating the name or names of person(s) legally occupying the premises.
- Overhanging sign. A sign, which projects twelve inches or more beyond any portion of the roof of a building.
- Pole Sign. A sign affixed in or upon the ground supported by one or more structural members, with air space between the ground and the bottom of the sign face.
- Real Estate Sign. A sign offering homes, apartments, condominiums, lots, land parcels, etc. for sale, lease, or rent.
- Roof Sign. A sign, which is erected partly or wholly on the roof of the building.
- Sign Area. 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-faced sign shall be computed when signs are parallel or diverge from a common edge by an angle of not more than ten (10) degrees. For signs that do not have a frame or a separate background, the sign area shall be computed on the basis of the least rectangle, triangle or circle large enough to frame the display. Sign areas in the shape of a sphere, prism, cylinder, cone, pyramid, square or other such shape shall be computed as one-half of the total surface area.
- Sign Maintenance. The upkeep of signs in a safe, presentable and good condition, including the replacement of defective parts, repainting, cleaning and other acts required for the maintenance of said sign.
- Sign Setback. The minimum distance that any portion of a sign or sign structure shall be from any street property line.
- Sign Structure. Anything constructed or erected supporting a sign, which requires locations on or below the ground or attached to something having location on or below the ground.
- Snipe Sign. A temporary sign or poster, which is attached to the supports for another sign, a public utility pole, tree, fence, etc.
- Temporary Sign. Any sign, banner, pennant, valance or advertising display constructed of paper, cloth, canvas, light fabric, cardboard, wallboard or other light materials, with or without frames, intended to be displayed out of doors for a short period of time.
Significant Vegetation. Includes all large trees six inches in diameter or greater measured four and one-half feet above the ground, all groves of small trees, and all clumps of oak or maple covering an area 50 sq. ft. or more measured at the drip line.
Site Development Standards. Regulations unique to each zone concerning standards for Development including, but not limited to lot areas, setbacks and building height. Chapter 11.
Sketch Plat. A sketch preparatory to the preliminary plat, or subdivision plat in the case of minor subdivisions, to enable the owner to save time and expense in reaching general agreement with the Planning Commission as to the form of the plat.
Small Engine Repair. An establishment engaged in the repair and maintenance of small engines with an engine displacement size no greater than 2000 cc. This includes but is not limited to: motorcycles, OHV’s, ATV’s, home and garden tools and equipment, outboard motor watercraft (engine removed), snowmobiles, chainsaws, and other similar small engines.
Solicitors. A solicitor is any person who goes upon the premises of any business or private residence, not having been invited by the occupant thereof for the purpose of selling, offering for sale, or taking orders for merchandise or services door-to-door within the City. Merchandise shall include goods, food, wares, photographs, and subscriptions to any kind of publication, tickets, coupons, or receipts representing value.
Special District. An entity established under the authority of Utah Title 17A, Special Districts, and any other governmental or quasi-governmental entity that is not a county, municipality, school district, or unit of the state.
Stealth Telecommunications Facility. A telecommunications facility, which is disguised as another object or otherwise concealed from public view.
Storage Land Sea Shipping Containers. Any trailer commonly described as a storage container or storage unit, including, but not limited to semi-trailers, cargo trailers and any other similar unit with a storage space of greater than 120 square feet. Chapter 11.
Story. A habitable level within a building serving to define the building height. Basements that emerge less than 4 ft from grade or attics not exceeding 4 ft at the kick wall shall not constitute an additional story.
Street, Access. A street that serves a small number of dwellings and usually does not allow for through traffic. Usual ADT (average daily traffic) range is 0-250 vehicles.
Street, Arterial. A street which provides for through traffic movement between areas and across the city, with moderate access to abutting property subject to necessary control of entrances, exits, and curb use and also provides access to highways. Maximum ADT is 3,000+ vehicles. Example: State Street and 400 South. See General Plan.
Street, Collector. A street that provides for high volume movement between major arterials and local streets, and direct access to abutting properties. Usual ADT range is 1,000 to 3,000 vehicles. Example: 500 West, 100 North, and 200 North. See General Plan.
Street, Local. A street that provides for direct access to abutting land and for local traffic movements.
Street, Private. A right-of-way or easement in private ownership, not dedicated or maintained as a public street, which affords the principal means of access to two or more lots.
Street, Public. A street that has been dedicated to and accepted by the City Council; that the City has acquired and accepted by prescriptive right; or that the City owns in fee. A public thoroughfare, which affords principle means of access to abutting property and has a right-of-way that exceeds 26 feet in width. The term street shall include avenue, drive, circle, road, parkway, boulevard, highway, thoroughfare, or any other similar term.
Street, Subcollector. A street which conveys traffic to more dwellings and includes through traffic between access streets and collectors. Usual ADT range is 250-1,000 vehicles.
Streetscape. The distinguishing characteristics of a particular street including paving materials, adjacent space on both sides of the street, landscaping, retaining walls, sidewalks, building facades, lighting, medians, street furniture and signs.
Structural Alterations. Any change in the supporting members of a building, such as bearing walls, columns, beams, or girders and floor joists or roof joists.
Structure, Pre-existing. A structure, which was legally constructed prior to September 1995.
Structure, Subgrade. Any structure which:
- Is located primarily below natural grade;
- Does not extend more than two and one-half feet (2½’), at any point, above natural grade;
- Is completely covered with a minimum of six inches (6”) of soil capable of supporting vegetation on its horizontal surface where required by the landscaping provisions of the respective zone in which it is located;
- Is decoratively finished on any vertical surface not completely covered with soil;
- When within a required front or street side yard, is located entirely beneath a finish grade which:
- Does not exceed a 25% slope; and
- Does not extend more than two and one-half feet above natural grade at any point; and
- Is the same as the natural grade along any property line
Subdivision, Agricultural. See Chapter 10.4.
Subdivision, Commercial. Any subdivision dedicated to business/commercial uses only.
Subdivision, Major. All subdivisions of ten or more lots, or any size subdivision requiring any new street or extension of municipal facilities, or the creation of any public improvements, and not in conflict with any provision or portion of the General Plan, official zoning map, streets master plan, or these regulations.
Subdivision, Minor. Any subdivision containing less than ten lots that may require the recording of a plat and all or part of the development requirement of a major subdivision, and not in conflict with any provision or portion of the General Plan, official zoning map streets master plan, or these regulations.
Subdivision, Simple Lot. Any subdivision containing not more than three lots fronting on an existing street, not involving any new street, or the extension of municipal facilities, or the creation of any Public Improvements, and not adversely affecting the remainder of the parcel or adjoining property, and not in conflict with any provision or portion of the General Plan, Official Land Use Map, streets master plan, or these regulations. Subdivisions qualifying as a simple lot subdivision are exempt from the plat requirement.
Subdivision, Residential. Any subdivision dedicated to single family dwellings only. See Chapter 10.
Surplus, Second Hand Store. An establishment that sells surplus items, used furniture, appliances, clothing, and miscellaneous small items. Excluded from this definition are establishments selling used motor vehicles, their parts, military surplus, and other heavy equipment.
Technical Necessity. A particular design, placement, construction or location of a telecommunications facility that is technically necessary for telecommunications consistent with the Federal Telecommunications Act of 1996, as amended.
Temporary Outdoor Use. A use, activity, vending cart, special event, or commercial use outside that is not permanent in nature and after a 72-hour time period ceases or is removed.
Temporary Use. A use, activity or special event that is not permanent in nature and after a designated time period ceases or is removed.
Theater, Concert Hall. A building or amphitheatre used primarily for the presentation of live stage productions or performances.
Transfer Station. A facility designed for the transfer and transport of solid waste.
Use, Pre-existing. A use, which validly existed prior to September 1995 and has not been abandoned for more than six months.
Vending Cart. A small wheeled, non-motorized vehicle from which to sell food and/or merchandise for immediate consumption or use.
Warehouse Storage Units. A building in which goods, merchandise, or equipment are stored for eventual distribution, or for which storage space is rented.
Welding Machine Shop. A building or structure where pieces of metal are welded.
Youth Program. A nonresidential program, designed to provide behavioral, substance abuse or mental health services to minors that:
- Serves either adjudicated or non-adjudicated youth;
- Charges a fee for its services;
- May or may not provide host homes or other arrangements for overnight accommodation of the youth;
- May or may not provide all or part of its services in the outdoors;
- May or may not limit or censor access to parents or guardians; and
- Prohibits or restricts a minor’s ability to leave the program at any time of his own free will.
A “Youth Program” does not include recreational programs such as Boy Scouts, Girl Scouts, 4-H, and other such organizations.
FINAL COPY APPROVED BY THE FOUNTAIN GREEN CITY COUNCIL ON APRIL 19, 2012.