Chapter 18.10 DEFINITIONS

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. 2016-09 § 1, 2016; Ord. 66, 1993.)

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. 2023-05 § 1 (Exh. A), 2023; Ord. 2020-15 § 1 (Exh. A), 2020; Ord. 2016-09 § 1, 2016; Ord. 1999-1 § 2.5.1; Ord. 66 §§ 2.1 – 2.12, 1993.)

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.

“Boardinghouse” means a building other than a hotel, cafe, or restaurant with two or more bedrooms where for direct or indirect compensation lodging and/or kitchen facilities or meals are provided for boarders and/or roomers not related to the head of the household by marriage, adoption, or blood.

“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. 2016-09 § 1, 2016; Ord. 66 §§ 2.13 – 2.24, 1993.)

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, but must be completed prior to preparation of a preliminary plan.

“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.

“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. 2016-09 § 1, 2016; Ord. 66 §§ 2.25 – 2.36, 2.158 – 2.160, 1993.)

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. 2020-09 § 1 (Exh. A), 2020; Ord. 2016-09 § 1, 2016; Ord. 66 §§ 2.37 – 2.41, 1993.)

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. 2016-09 § 1, 2016; Ord. 66 §§ 2.42, 2.43, 1993.)

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, Board of Adjustment, 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 percent 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.

“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. 2020-11 § 2 (Exh. B), 2021; Ord. 2016-09 § 1, 2016; Ord. 66 §§ 2.44 – 2.54, 1993.)

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.

“Guest house” means an accessory building intended for the inhabitation by nonrent-paying guests. Provides separate cooking and sleeping quarters and is maintained and owned by the primary residence. (Ord. 2024-03 § 1 (Exh. A), 2024; Ord. 2016-09 § 1, 2016; Ord. 66 §§ 2.55 – 2.63, 1993.)

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. This does not include lock-outs or boardinghouses.

“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. (Ord. 2024-03 § 1 (Exh. A), 2024; Ord. 2016-09 § 1, 2016; Ord. 66 §§ 2.64 – 2.70, 1993.)

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. 2016-09 § 1, 2016; Ord. 66 §§ 2.71, 2.72, 1993.)

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. 2016-09 § 1, 2016; Ord. 66 § 2.73, 1993.)

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. 2016-09 § 1, 2016; Ord. 66 § 2.74, 1993.)

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. 2023-08 § 1 (Exh. A), 2023; Ord. 2016-09 § 1, 2016; Ord. 66 §§ 2.75 – 2.87, 1993.)

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).

“Major subdivision” means all subdivisions not classified as minor subdivisions, including but not limited to subdivisions of four or more lots, or any size subdivision requiring any new street or extension of the local governmental facilities, infrastructure, or the creation of any new public improvements.

Master Plan. See “General plan.”

“Master planned development” means a development consisting of several plats and clustering.

“Model home” means a dwelling unit used initially for display purposes which typifies the type of units that will be constructed in the subdivision. Such dwelling units may be erected, at the discretion of the Planning Commission, by permitting a portion of a major subdivision involving no more than two lots to be created according to the procedures for minor subdivisions, as set out in this title and FCC Title 17.

“Municipality” means City of Francis, Utah. (Ord. 2016-09 § 1, 2016; Ord. 66 §§ 2.88 – 2.93, 1993.)

18.10.140 “N” Definitions.

“Neglect” means failure to do something that one is bound to do, carelessness.

“Neighborhood park and recreation improvement fund” means a special fund that may be established by the City Council to retain money contributed by developers in accordance with the “money in lieu of land” provisions of these regulations to develop land within reasonable proximity of the land to be subdivided so as to be of local use to the future residents of the subdivision(s).

“Nightly 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. 2021-11 § 2 (Exh. B), 2021; Ord. 2016-09 § 1, 2016; Ord. 66 §§ 2.94 – 2.99, 1993.)

18.10.150 “O” Definitions.

Official Master Plan. See “General plan.”

“Official zoning map” means the map established by the City Council pursuant to law showing the streets, highways, parks, and drainage systems, setback lines, and zoning districts, adopted and established by law, and any amendments or additions thereto resulting from the approval of subdivision plats by the Planning Commission and the subsequent filing of such approved plats.

“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 percent, 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 (a) 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; (b) driveways that cross the required yard at approximately right angles and serve fewer than three parking spaces; (c) the ground surface above underground facilities, provided it otherwise qualifies as usable open space under the provisions of this section; (d) 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 (e) 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. 2016-09 § 1, 2016; Ord. 66 §§ 2.100 – 2.106, 1993.)

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. Also referred to as a “resubdivision.”

“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 percent 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 plan” means the preliminary drawing or drawings, described in these regulations, indicating the proposed manner or layout of the subdivision to be submitted to the Planning Commission and City Council for approval.

Primary Use. The primary or main use shall be 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. 2023-08 § 1 (Exh. A), 2023; Ord. 2016-09 § 1, 2016; Ord. 66 §§ 2.107 – 2.122, 1993.)

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. 2016-09 § 1, 2016; Ord. 66 § 2.123, 1993.)

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.

Resubdivision. See “Plat amendment.”

“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. 2016-09 § 1, 2016; Ord. 66 §§ 2.124 – 2.135, 1993.)

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” 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 district regulations, a screen shall be installed along or within the lines of a plot as a protection to adjoining or nearby properties.

“Secondary living quarters” means areas within main dwellings which are used by the property owner or primary tenant as dwellings for the private use of the property owner’s relatives, domestic help, caretakers, nursing staff, house guest, or similar users. This title and FCC Title 17 require these quarters to be small, on the same utility meter system as the main dwelling, with limited access, and not separately rented or leased. Review for this use is undertaken by the Planning and Building Departments at the time of building permit request and is a conditional use.

“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.

“Sketch plat” means a sketch preparatory to the preparation of the preliminary plan (or subdivision plat in the case of minor subdivisions) to enable the subdivider to save time and expense in reaching general agreement with the Planning Commission as to the form of the plat and the objectives or conditions of these regulations.

“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.

“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 for the purpose of offer, sale, lease, or development, either on the installment plan or upon any or all other plans, terms, and conditions, including resubdivision. 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 Planning Commission and City Council for approval and which, if approved, may be submitted to the Summit County Recorder for filing at the subdivider’s expense.

Support Commercial Facilities. Examples of support commercial uses are barber shops, beauty salons, travel agencies, clothing stores, gift shops, convenience stores, art galleries, auto rentals, camera stores, liquor stores, pharmacies, sporting goods stores, day care nurseries, information centers, tennis or golf pro shops, or other hotel lobby type uses. No use occupying more than 2,000 gross square feet of floor area will be considered as support commercial. (Ord. 2021-15 § 1 (Exh. A), 2021; Ord. 2016-09 § 1, 2016; Ord. 66 §§ 2.136 – 2.154, 1993.)

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. 2023-08 § 1 (Exh. A), 2023; Ord. 2016-09 § 1, 2016; Ord. 66 §§ 2.155, 2.156, 1993.)

18.10.210 “U” Definitions.

“Unit equivalent” means the relative density factor applied in this title and FCC Title 17 to different sizes and configurations of dwelling units and commercial spaces.

“Use, intensity” means the maximum number of residential units, or commercial, or industrial space within a specified land area designated for that purpose. (Ord. 2016-09 § 1, 2016; Ord. 66 §§ 2.161, 2.162, 1993.)

18.10.220 “V” Definitions.

Reserved.

18.10.230 “W” Definitions.

Reserved.

18.10.240 “X” Definitions.

Reserved.

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. 2016-09 § 1, 2016; Ord. 66 §§ 2.163 – 2.166, 1993.)

18.10.260 “Z” Definitions.

Reserved.