SECTION 103
DEFINITIONS
For the purposes of this Ordinance, the following terms, phrases, words, and their derivations shall have the meaning given herein. When not inconsistent with the context, words used in the present tense include the future, words in the plural number include the singular number, and words in the singular number include the plural number. The word "shall" is always mandatory and not merely directory. The word "person" includes individuals, partnerships, corporations, clubs, and associations. The following words or terms when applied to this Ordinance shall carry full force when used interchangeably; lot, plot, parcel, or premises; used, arranged, occupied, or maintained; sold, or dispensed; construct, reconstruct, erect, place, or alter (structurally or otherwise), but not the term "maintain" or any other form thereof.
A. DEFINED TERMS, PHRASES AND WORDS:
ACCESSORY
BUILDING: See BUILDING
ACCESSORY USE: A use of land or of a building or portion thereof customarily incidental and subordinate to the principal use of the land or building and located on the same lot with such principal use.
ADJACENT: Nearby, but not necessarily touching.
ADJUSTMENT BOARD: Board of Adjustment and Appeals of Camp Verde, Arizona.
ADULT DAY CARE: An establishment enrolling four or more adults where fees or other forms of compensation for the care of the adults is charged, and which is licensed and approved to operate by the State.
AGRICULTURE: The production, keeping or maintenance, for sale, lease or personal use, of plants and animals useful to man, including the breeding and grazing of any or all of such animals; or lands devoted to a soil conservation or forestry management program.
ALLEY: A public passageway affording a secondary means of access to abutting property that has been dedicated or deeded to the public for public use.
ANTIQUE: A product that is sold or exchanged because of value derived, or because of oldness as respects the present age and not simply because the item is not a new product.
APARTMENT: See "Apartment House"
APARTMENT HOUSE: Any building or portion thereof that contains three more dwelling units and, for the purpose of this code, includes residential condominiums.
APPLICANT: A person submitting an application for development.
APPLICATION FOR
DEVELOPMENT: The application form and all accompanying documents and exhibits required of an applicant by an approving authority for development review purposes.
APPROVED PLAN: A plan, which has been granted final approval by the appropriate approving authority.
ASSISTED LIVING
CARE FACILITY: An extended or intermediate care facility licensed or approved to provide full-time convalescent or chronic care to individuals who, by reason of advanced age, chronic illness or infirmity, are unable to care for themselves.
ARTERIAL: A highway used, or intended to be used for heavy traffic flow, usually a section line or mid-section line road, or one connecting neighborhoods or communities.
ARTISTS: One who practices an art in which imagination and taste presides over the execution. This is not deemed to include the business of teaching the mechanics of the art.
ATTACHED BUILDING: See "BUILDING"
AUTOMOBILE
SERVICE STATION: See " Motor Vehicle Fuel-Dispensing Station"
AWNING: A roof-like cover that projects from the wall of a building for the purpose of shielding a doorway or window from the elements.
BED AND
BREAKFAST: See "ROOMING HOUSE"
BEDROOM: A private room planned and intended for sleeping, separable from other rooms by a door, and accessible to a bathroom without crossing another bedroom or living room.
BASEMENT: Any floor level below the first story in a building, except that a floor level in a building having only one floor level shall be classified as a basement unless such floor level qualifies as a first story as defined herein. Or as defined in the current adopted UBC.
BLOCK: That property fronting on one side of a street and so bounded by other streets, canals, railroad right-of-way, un-subdivided acreage or other barriers (except alleys) of sufficient magnitude as to interrupt the continuity of development on both sides thereof.
BOARD: Town Council of Camp Verde, Arizona (except as is referenced to Board of Adjustment and Appeals in Section 112).
BOARDER: An individual other than a member of the family occupying the dwelling unit or part thereof who, for a consideration, is furnished sleeping accommodations and may be furnished meals or other services as part of the consideration.
BOARDING HOUSE: See "ROOMING HOUSE"
BOARDING STABLE: A structure designed for the feeding, housing and exercising of horses not owned by the owner of the premises and for a consideration.
BUILDING: Any structure used or intended for supporting or sheltering any use or occupancy.
BUILDING
(ACCESSORY): A subordinate structure, either attached or detached from the principle or main building or use occupied or devoted to a use incidental to the principal use.
BUILDING AREA: See "FLOOR AREA"
BUILDING
(ATTACHED): A building which has at least part of a wall in common with another building, or which is connected to another building by a roof which exceeds 6 feet opposite open ends.
BUILDING
(CLOSED): A structure completely enclosed by a roof, walls and doors on all sides facing the perimeter of a lot.
BUILDING
(COMMUNITY): A public or quasi-public building used for community activities of an educational, recreational or public services nature.
BUILDING
(DETACHED): A building, which is separated from another building or buildings on the same lot. Buildings connected only with a roof not more than 6 feet wide between opposite open ends shall be deemed to be detached.
BUILDING
(FACTORY BUILT): A building, all or a major portion of which was factory assembled for permanent attachment to a lot and constructed in compliance with A.R.S. Section 44-1704 and certified as such by the Arizona State Registrar of Contractors, Building Codes Division.
BUILDING
FLOOR AREA: Sum of floor areas of all stories of a building.
BUILDING
HEIGHT: The vertical distance above a reference datum measured to the highest point of the coping of a flat roof or to the deck line of a mansard roof or to the average height of the highest gable of a pitched or hipped roof. The reference datum shall be selected by either of the following, whichever yields a greater height of building:
1. The elevation of the highest adjoining sidewalk or ground surface within a 5-foot (1524 mm) horizontal distance of the exterior wall of the building when such a sidewalk or ground surface is not more than 10 feet (3048 mm) above lowest grade.
2. An elevation 10 feet (3048 mm) higher than the lowest grade when the sidewalk or ground surface described in Item 1 is more than 10 feet (3048 mm) above the lowest grade.
The height of a stepped or terraced building is the maximum height of any segment of the building.
Or as defined in the current adopted UBC.
BUILDING
(PRINCIPLE): A building, or buildings, in which is conducted the principle use of the lot on which it is situated. In any residential district, any dwelling shall be deemed to be the principle building of the lot on which the same is situated.
BUS SHELTER: A small, roofed structure, having from one to three walls, located near a street, and designed primarily for the protection and convenience of bus passengers.
BUS TURNOUT: A paved indentation at the side of a roadway designed to allow buses to pick up and discharge passengers.
CAMPER: Any individual who occupies a campsite or otherwise assumes charge of, or is paced in charge of, a campsite.
CAMPGROUND: A plot of ground upon which two or more campsites are located, established, or maintained for occupancy by the general public as temporary living quarters for recreation, education, or vacation purposes.
CARPORT: A roofed structure to provide space for the parking or storage of motor vehicles and enclosed on not more than three sides.
CEMETERY: Property used for interring of the dead.
CHANGE OF USE: Any use which substantially differs from the previous use of a building or land.
CHARITABLE USE: Property used by a nonprofit or philanthropic organization that provides a service beneficial to the general public or to a significant portion of the public for no fee or at a fee recognized as being less than that charged by profit- making organizations.
CHILD CARE
CENTER: A private establishment enrolling more than four children between the ages of two and five years of age and where tuition, fees, or other forms of compensation for the care of the children is charged, and which is licensed or approved to operate as a child care center by the State.
CHURCH: A building or structure, or groups of buildings or structures, which by design and construction are primarily intended for the conducting of organized religious services and accessory uses, associated with the church.
CLINIC: An establishment where patients are admitted for examination and treatment by one or more physicians, dentists, psychologists or social workers and where patients are not usually lodged overnight.
COMMERICAL USE: Activity carried out for pecuniary gain.
COMMUNITY
BUILDING: See "BUILDING"
COMPLETE
APPLICATION: An application form completed as specified by the rules and regulations of the Town and all accompanying documents required by for approval of the application.
CONDITIONAL USE: A use permitted in a particular zoning district only upon showing that such use in a specified location will comply with all the conditions and standards for the location or operation of such use as specified in a zoning ordinance and authorized by the Town Council.
CONDOMINIUM: A building or group of buildings, in which units are owned individually, and common areas and facilities are owned by all the owners on a proportional, undivided basis.
CONSIDERATION: An inducement to a contract.
CONSOLIDATION: The removal of lot lines between contiguous parcels.
CONTIGUOUS: Next to, abutting, or touching and sharing a common boundary or portion thereof.
COTTAGE
INDUSTRY: A home occupation carried out in a structure separate from the principal building.
COURT: A space, open and unobstructed to the sky, located at or above grade level on a lot and bounded on three or more sides by walls of a building.
CUSTOM: Pertaining to work, service or assembly done to order for individual customers for their own use or convenience.
DAY CARE CENTER: See "ADULT CARE CENTER " OR "CHILD CARE CENTER"
DETACHED
BUILDING: See BUILDING
DIRECTIONAL SIGN: See SIGN
DISTRICT: Refers to a Use District, a Density District or a combination of both such Districts.
DRIVE-IN
RESTAURANT: Any establishment where food or beverages are dispensed through openings in the building or by service to customers in a vehicle.
DRIVE-IN THEATER: An open-air theater where the performance is viewed by all, or part, of the audience from motor vehicles.
DRIVEWAY: A private access for vehicles to a parking space, garage, dwelling or other structure usually serving a single parcel.
DWELLING: Any building or portion thereof that contains not more than two dwelling units.
DWELLING
(MULTIPLE): A building containing two or more dwelling units.
DWELLING UNIT: Any building or portion thereof that contains living facilities, including provisions for sleeping, eating, cooking and sanitation, as required by this code, for not more than one family, or congregate residence for 10 or less persons.
EASEMENT: A grant of one or more of the property rights by the property owner to and/or for the use by the public (public easement), a corporation or another person or entity (private easement).
ELEVATION: (1) A vertical distance above or below a fixed reference level; (2) A flat scale drawing of the front, rear, or side of a building.
ENCROACHMENT: Any obstruction in a delineated floodway, right-of-way or adjacent property.
EXCAVATION: Removal and/or recovery by any means whatsoever of soil, rock, minerals, mineral substances or organic substances other than vegetation, from water or land on or beneath the surface thereof, or beneath the land surface, whether exposed or submerged.
EXISTING USE: The use of a lot, property or structure at the time of the enactment of a zoning ordinance.
EXTENDED CARE
FACILITY: A facility or distinct part of a facility or approved nursing home, infirmary unit of a home for the aged or a government medical institution which provides 24-hour medical supervision for two or more people who are not related to the governing authority of such facility by marriage, blood or adoption.
FAMILY: One or more individuals occupying a dwelling unit and living as a single household unit.
FARM OR
FARMLAND: A parcel of land used for agricultural purposes.
FARM STAND: A booth or stall located on a farm from which produce and farm products are sold to the public.
FARM STRUCTURE: Any building or structure used for agricultural purposes.
FENCE: An artificially constructed barrier of any material or combination of materials erected in such a manner as to control entrance to, enclose, screen or mark the boundaries of a property.
FILL: Sand, gravel, earth or other materials of any composition whatsoever placed or deposited in such a manner as to give solidity or bulk.
FINAL APPROVAL: The last official action taken by the Town on a development plan which has been given preliminary approval, after all conditions and requirements have been met, and the required improvements have been installed or guarantees properly posted for their installation, or approval conditioned upon the posting of such guarantees.
FINISHED
ELEVATION: The proposed or actual elevation of the land surface of a site after completion of all site preparation work.
FLAG LOT: A lot not fronting on or abutting a public road and where access to the public road is by a narrow private right-of-way.
FLOOR AREA: The area included within the surrounding exterior walls of a building or portion thereof, exclusive of vent shafts and courts. The floor area of a building, or portion thereof, not provided with surrounding exterior walls shall be the useable area under the horizontal projection of the roof or floor above.
FREIGHT STATION: A facility for loading, unloading and warehousing of freight.
FREIGHT TERMINAL: A facility for loading, unloading of freight for current distribution and not warehousing.
FURNITURE
(OUTSIDE): Weather resistant movable items such as tables, chairs and cabinets for use or ornament on patios, decks or lawns.
GARAGE
(PRIVATE): An accessory building occupied primarily by the passenger motor vehicles of the families residing on the same lot. This may include one commercial vehicle under five ton capacity. Non-commercial vehicles of persons not residing on the lot may occupy up to one half the capacity of such garage.
GARAGE
(PUBLIC): Any building, other than that herein defined as a private garage, used for the storage or care of motor vehicles, or where any such vehicles are equipped for operation, repaired, or kept for remuneration, hire or sale.
GARBAGE: Anything discarded as worthless or useless, including but not limited to refuse matter from a kitchen. (Added 3-17-01 by Ordinance 2001 A173)
GLARE: The effect produced by brightness sufficient to cause annoyance, discomfort, or loss in visual performance and visibility.
GOLF COURSE: A tract of land developed for playing golf, improved with tees, greens, fairways, hazards, and which may include clubhouses and shelters.
GRADE: The degree of rise or descent of a slopping surface.
GRADE
(FINISHED): The final elevation of the ground surface after development.
GRADE
(NATURAL): The elevation of the ground surface prior to man-made alterations.
GRADING: The excavation, removal, filling, movement, storage or relocation of material which has the effect of changing the existing topography of the property not defined as mining or quarrying or as may be defined further in the Uniform Building Code as adopted and amended by the Town.
GRAFFITI: Unauthorized markings, visible from premises open to the public, that have been placed upon any property through the use of paint, ink, chalk, dye, or any other substance capable of marking property. (Added 3-17-01 by Ordinance 2001 A173)
GRAVEL PIT: An open land area where sand, gravel and rock fragments are mined or excavated for sale or off-tract use.
GROUND FLOOR: The lowest story in a building that is not more than four feet below grade, for more than 50% of the total perimeter, or not more than eight feet below grade, at any point.
GROUP CARE
FACILITY: A facility or dwelling unit housing persons unrelated by blood or marriage and operating as a group family household.
GUESTROOM: Any room or rooms used or intended to be used by a guest for sleeping purposes. Every 100 square feet (9.3 m2) of superficial floor area in a dormitory shall be considered to be a guest room.
HEALTH CARE
FACILITY: A facility or institution, whether public or private, engaged in providing services for health maintenance, diagnosis, or treatment of human disease, injury, pain, deformity or physical condition.
HEIGHT: See BUILDING HEIGHT.
HOME OCCUPATION: An occupation, profession, activity or use located in a residential district, and which use is merely incidental to the residential use and does not change the character of the neighborhood by externally detectable lighting, noise, odor, or appearance associated with the activity, and is created and operated as a sole proprietorship with no more than one non-residential employee.
HOSPITAL: A facility providing primary health services and medical or surgical care to persons, suffering from illness, disease, injury, deformity and other abnormal physical or mental conditions and including, as an integral part of the facility, related facilities such as laboratories, outpatient facilities or training facilities.
HOTEL: Any building containing six or more guest rooms intended or designed to be used, or that are used, rented or hired out to be occupied, or that are occupied for sleeping purposes by guests.
HOTEL
(APARTMENT): A building or group of buildings containing a number of independent suite of rooms for dwelling purposes and in which at least one common dining room is provided.
HOUSEHOLD: A family living together in a single dwelling unit, with common access to and common use of, all living and eating areas and all areas and facilities for food preparation and storage within the dwelling unit.
HOUSING UNIT: A room or group of rooms used by one or more individuals living separately from others in the structure, with direct access to the outside or to a public hall and containing separate toilet and kitchen facilities.
IMPROVED LOT: A lot having an improvement on it.
IMPROVEMENT: Any made-made, immovable item or structure, which becomes part of, placed upon, or is affixed to, real estate.
INFRASTRUCTURE: Facilities and services needed to sustain industrial, residential and commercial activities.
INN: A commercial facility for the housing and feeding of transients.
INSPECTOR: Zoning Inspector (or any of his Deputy Inspectors) for Camp Verde, Arizona.
INTERIOR LOT: See LOT
INTERMEDIATE
CARE FACILITY: A facility which provides, on a regular basis, health related care and services to individuals, who do not require the level of care and treatment which a hospital or skilled nursing facility is designed to provide, but who, because of their mental or physical condition, require care and services beyond the level of room and board, which can be made available to them only through facilities such as these.
JOINT OWNERSHIP: The equal estate interest of two or more persons.
JUNK: Any old or discarded material, scrap, waste, reclaimable material or debris, whether or not stored or used in conjunction with dismantling, processing, salvaging, storage, baling, disposal or other use or disposition.
JUNKYARD: See YARD
KEY LOT: See LOT
KINDERGARTEN: Same as Nursery School except when operated in conjunction with a school of general instruction and having accredited instruction.
KIOSK: A freestanding structure upon which temporary information and/or announcements, notices or posters are displayed for public observation.
LAND: Ground, soil or earth including improvements on, above or below the surface.
LAND
DISTURBANCE: Any activity which alters the land topography or vegetation cover or any activity involving the clearing, cutting, excavating, filling or grading of land.
LAND
RECLAMATION: Increasing land use capability by changing the land's character or environment, usually through drainage and/or fill.
LAND USE: A description of how land is occupied or used.
LAND USE MAP: A map indicating the desired and proposed location, extent and intensity of land uses to be used as a guide for future development.
LANDMARK: (1) Any site, building, structure, or natural feature that has visual, historic or cultural significance; (2) A permanent marker designating property boundaries.
LANDSCAPE: (1) An expanse of natural scenery; (2) The addition of lawns, trees, plants, and other natural and decorative features to land.
LAUNDROMAT: An establishment that provides washing, drying or dry cleaning machines on the premises for rental use to the general public for household laundering or dry cleaning purposes.
LODGER: A transient renter whose meals may or may not be supplied in the cost of the rent.
LONG-TERM
CARE FACILITY: A facility or distinct part of a facility or approved nursing home, infirmary unit of a home for the aged or a government medical institution which provides 24-hour medical supervision for two or more people who are not related to the governing authority of such facility by marriage, blood or adoption.
LOT: A parcel of land of 5 acres or less, or two or more parcels, to be used as a unit and having its principle frontage on a dedicated street or street easement. Where a half-street has been dedicated from such parcel, such shall be qualification for street frontage.
LOT AREA: The total area within the lot lines of a lot, excluding any street rights-of-way.
LOT
(CORNER): A lot abutting on two or more streets at their intersection or abutting on two parts of the same street forming an interior angle of less than 135 degrees. A corner lot shall be considered to be in that block in which it fronts.
LOT COVERAGE: The portion of the lot that is covered by buildings and structures.
LOT DEPTH: The distance measured from the mid-point of the front and rear line.
LOT (INTERIOR): A lot other than a corner lot.
LOT (KEY): An interior lot contiguous to the rear line of a corner lot and fronting on the side street of such corner lot.
LOT LINE: A line of record bounding a lot, which divides one, lot from another lot or from a public or private street or any other public space.
LOT LINE
ADJUSTMENT: Any land taken from one (1) parcel and added to another adjacent parcel without creating any new lots or parcels.
LOT LINE
(FRONT): The lot line separating a lot from a street right-of-way. The front line of a corner lot shall be the shorter of the two street lines as originally platted, or if such are equal, the most obvious front by reason of usage by adjacent lots. The front line of a through lot shall be that line which is obviously the front by reason of usage by adjacent lots. Such a lot exceeding 188 feet in depth may be considered as having two front lines.
LOT LINE
(REAR): The lot line opposite and most distant from the front lot line or in the case of triangular or otherwise irregularly shaped lots, a line ten feet in length entirely within the lot, parallel to and at a maximum distance from the front lot line.
LOT LINE
(SIDE): Those property lines connecting the front and rear property lines.
LOT
(THROUGH): A lot in which the front and rear line abut on a street.
LOT, WIDTH: The horizontal distance between the side lines of a lot measured at right angles to its depth along a straight line parallel to the front lot line at the minimum required building setback line.
LOT, MINIMUM
AREA OF: The smallest lot area established by the zoning ordinance on which a building or structure may be located in a particular district.
LOT OF RECORD: A lot which exists as shown or described on a plat or deed at the County Recorder's Office.
MADE LAND: Land previously unsuitable for development because of high water table, flooding, unstable subsurface conditions or similar impairments and made suitable by corrective action.
MAINTAIN: The replacing or renovating of a part (or parts) of a structure, which has been made unusable by ordinary wear or tear, or by the weather.
MANUFACTURED
HOME: A dwelling unit fabricated on a permanent chassis at an offsite manufacturing facility for installation at the building site, and bearing a label certifying it as built, or upgraded to compliance with the Federal Manufactured Housing Construction and Safety Standards Act. It bears a mobile ID number and is larger than 10' X 40'.(added 7-13-94 by Ord. 94A93/ Res. 94-268) Repealed and updated by Ord. 95A102/Res 95-305 on 5-3-95)
MANUFACTURING: The act of, either by mechanical or chemical means, transforming materials or substances into new products including the assembling of component parts; or establishments engaged in the manufacturing of products by assembling of component parts or blending of materials.
MEMORIAL PARK
CEMETERY: See CEMETERY
MINE: 1) A cavity in the earth from which minerals and ores are extracted. 2) The act of removing minerals, ores, or other natural resources.
MINING: The extraction of minerals, ores or other natural resources. The term also includes quarrying; well operation; milling, such as crushing, screening, washing and floatation; and other preparation customarily done at the mine site or as part of the mining activity.
MOBILE/
MANUFACTURED
HOME PARK: A parcel of land used (or designed) for the location of more than one Manufactured Home (added 7-13-94 by Ord. 94A93/ Res. 94-268. Repealed and updated by Ord. 95A102/Res 95-305 on 5-3-95)
MOBILE HOME: A portable dwelling unit designed and constructed to permit permanent occupancy as a residence and also to facilitate repeated transfer from one site to another by means of a chassis with wheels and hitch or flatbed truck. Such shall be larger than 10 feet in width and 40 feet in length and manufactured prior to June of 1976 (revised 7-13-94 by Ord. 94A93 Repealed and updated by Ord. 95A102/Res 95-305 on 5-3-95)
MOBILE HOME
COURT: A parcel of land used (or designed) for the location of more than one mobile home.
MODULAR
HOUSING: Factory-built housing that is certified as meeting the state or local building code. It does not have a mobile ID number (added 7-13-94 by Ord. 94A93/Res 94-268). (repealed and updated by Ord. 95A102/Res 95-305 on 5-3-95)
MOTEL: See "HOTEL"
MOTOR VEHICLE
FUEL-DISPENSING
STATION: That portion of a building where flammable or combustible liquids or gases used as motor fuels are stored and dispensed from fixed equipment into the fuel tanks of motor vehicles.
MULTIPLE DWELLING: See DWELLING
NEWSPAPER OR
GENERAL
CIRCULATION: Shall be deemed to mean a daily newspaper (if one is published), or if no daily newspaper is published, a weekly newspaper may be used.
NON-CONFORMING
USE: See USE
NURSERY SCHOOL: See "CHILD CARE CENTER"
OCCUPANCY: The purpose for that a building, or part thereof, is used or intended to be used.
OPEN PORCH: See PORCH
PARCEL: Real property with a separate or distinct number or other designation shown on a plan recorded in the office of the County Recorder, or real property delineated on an approved survey, parcel map or subdivision plat as filed in the office of the County Recorder and abutting at least one public right-of-way or easement determined by the Director or Council to be adequate for the purpose of access.
PERMITTED USE: Any use allowed in a zoning district and subject to the restrictions applicable to that zoning district.
PORCH (OPEN): A porch in which any portion extending into a front or side yard shall have no enclosure by walls, screens, lattice or other material higher than 54 inches above the natural grade line adjacent thereto; which porch is to be used solely for ingress and egress and not for occupancy as a sleeping porch or wash room.
(PRE-FAB BUILDING:) Deleted - See BUILDING (7-13-94 by Ord. 94A93/ Res. 94-268). repealed and updated by Ord. 95A102/Res 95-305 on 5-3-95)
PRINCIPAL BUILDING: See BUILDING
PRIVATE GARAGE: See GARAGE
PRIVATE USE: See USE
PROFESSIONAL USE: See USE
PUBLIC GARAGE: See GARAGE
PUBLIC USE: See USE
RECLAMATION
PLAN: A written document outlining how land will be made into suitable and useful condition for development or open space after a temporary use or activity on the land is finished or completed.
RECREATIONAL
VEHICLE: A vehicular type portable structure without permanent foundation, which can be towed, hauled or driven and primarily designed as temporary living accommodation for recreational, camping and travel use and including but not limited to travel trailers, truck campers, camping trailers and self-propelled motor homes.
RESIDENTIAL USE: See USE
RESTAURANT: An establishment (other than a boarding house) where the public may procure meals, which are prepared therein.
REST HOME: See "LONG TERM CARE FACILITY"
RIGHT-OF-WAY: A strip of land acquired by reservation, dedication, forced dedication, condemnation, prescription and intended to be occupied or occupied by a road, sidewalk, railroad, utilities, or other similar uses.
ROOMING HOUSE: A dwelling, otherwise permitted in the District in which it is situated, containing 3, 4, or 5 guest rooms and in which food may or may not be served to the occupants thereof. Any dwelling in which more than 5 rooms are occupied as guestrooms shall be deemed to be a hotel.
SCHOOL: A place of general instruction having accredited instruction acceptable to the educational authorities within the school district of jurisdiction.
SCHOOL (NURSERY): An establishment enrolling more than four preschool children and where tuition, fees, or other forms of compensation for the care and instruction of the children is charged, and which is licensed or approved to operate by the State.
SCREENING: A method of visually shielding or obscuring one abutting or nearby structure or use from another by fencing, walls, berms, or densely planted vegetation.
SETBACK: The distance between the street right-of-way line and the front line of a building or any projection thereof.
SITE PLAN: The development plan for one or more lots on which is shown the existing and proposed conditions of the lot including but not limited to: topography, vegetation, drainage, floodplains, waterways, utility services, landscaping, structures and signs, lighting and screening devices; and any other information that may be required in order for the approving authority to make an informed decision.
SLEEPING ROOM: A room, other than a guestroom, in which no cooking facilities are provided.
SPOT ZONING: Rezoning a lot or parcel of land to benefit the owner for a use incompatible with surrounding uses and not for the purpose or effect of furthering the comprehensive zoning plan.
STORY: That portion of a building included between the upper surface of any floor and the upper surface of the floor next above, except that the topmost story shall be that portion of a building included between the upper surface of the topmost floor and the ceiling or roof above. If the finished floor level directly above a usable or unused under-floor space is more than 6 feet (1829 mm) above grade, as defined herein, for more than 50 percent of the total perimeter or is more than 12 feet (3658 mm) above grade, as defined herein, at any point, such usable or unused under-floor space shall be considered as a story. Or as defined in the current adopted UBC.
STORY, FIRST: The lowest story in a building that qualifies as a story, as defined herein, except that a floor level in a building having only one floor level shall be classified as a first story, provided such floor level is not more than 4 feet (1219 mm) below grade, as defined herein, for more than 50 percent of the total perimeter, or not more than 8 feet (2438 mm) below grade, as defined herein, at any point. Or as defined in the current adopted UBC.
STREET: 1. Any Existing or proposed roadway, place, bridge, viaduct, or easement dedicated to the public for the primary purpose of providing for public vehicular access.
2. Any and all land within the street right-of-way that has been dedicated to the public and accepted by the Town Council into its street system.
3. A dedicated street shown in a subdivision final plat that has been approved pursuant to law and duly recorded in the county recorder's office and has also been accepted by the town.
STRUCTURE: That which is built or constructed, an edifice or building of any kind, or any piece of work artificially built up or composed of parts joined together in some definite manner.
(TRAILER COACH:) Deleted - Same as MOBILE HOME (7-13-94 by Ord. 94A93/ Res. 94-268) ). repealed and updated by Ord. 95A102/Res 95-305 on 5-3-95)
(TRAILER PARK:) Deleted - Same as MOBILE HOME COURT.( 7-13-94 by Ord. 94A93/ Res. 94-268) ). repealed and updated by Ord. 95A102/Res 95-305 on 5-3-95)
(TRAVEL TRAILER:) Deleted - A vehicle limited to 8 feet in width and 32 feet in length, designed and constructed to permit temporary occupancy as a residence and towed on its own chassis. Vehicles shall not be considered as a dwelling nor occupied as such on residential lots.(5-3-95 by Ord. 95A1023/ Res. 95-305)
UNCLAIMED
PUBLICATION: Any newspapers, fliers, handbills, advertisements, signs or other papers that are in plain view; either along private or public roadways or on private or public property, that creates an unsightly atmosphere, which contributes to neighborhood deterioration and causes a public nuisance. (Added 3-17-01 by Ordinance 2001 A173)
UNSAFE BUILDING
OR STRUCTURES: All buildings or structures regulated by this code that are structurally unsafe or not provided with adequate egress, or that constitute a fire hazard, or are otherwise dangerous to human life are, for the purpose of this section, unsafe. Any use of buildings or structures constituting a hazard to safety, health or public welfare by reason of inadequate maintenance, dilapidation, obsolescence, fire hazard, disaster, damage or abandonment, is for the purpose of this section, an unsafe use. Parapet walls, cornices, spires, towers, tanks, statuary, and other appendages or structural members that are supported by, attached to, or a part of a building and that are in deteriorated condition or otherwise unable to sustain the design loads that are specified in this code are hereby designated as unsafe building appendages.
UNSAFE
DWELLING: Any dwelling or portion thereof, which is determined, after inspection by the building official, to be dangerous and that contributes to neighborhood deterioration and causes a public nuisance. (Added 3-17-01 by Ordinance 2001 A173)
USE: The purpose for which a building, or lot, or structure, is arranged, designed, occupied or maintained.
USE
(ACCESSORY): A use incidental to the principle use on the same lot.
USE
(NON-CONFORMING): A use or activity which was lawful prior to the adoption, revision or amendment of a zoning ordinance, but which fails, by reason of such adoption, revision or amendment, to conform to the present requirements of the zoning district. A use operated in an otherwise lawful manner that does not conform to the provisions of the District in which located.
USE (PERMITTED): A use in a District that is allowed therein by reason of being listed among the "Permitted Uses" in the District.
USE (PRIVATE): A use restricted to the occupants of a lot or building together with their guests, where compensation is not received and where no commercial activity is associated with the same.
USE
(PROFESSIONAL): The rendering of services of a professional nature by: Members of the professions licensed by competent authority; teachers in a school of general instruction; artists practicing the fine arts; consultants recognized by organizations of licensed professionals.
USE (PUBLIC): A use (or building) located on public land to serve public benefits (but not necessarily available to the public admission).
USE
(RESIDENTIAL): Shall be deemed to include single and multiple dwelling units, guest rooms, hotels, motels, mobile/manufactured home parks, rooming and boarding houses, fraternity and sorority houses, convents, home for the aged and similar (revised 7-13-94 by Ord. 94A93/ Res. 94-268). repealed and updated by Ord. 95A102/Res 95-305 on 5-3-95)
USE
(TEMPORARY): A use established for a fixed period of time with the intent to discontinue such use upon the expiration of a fixed time period.
VARIANCE: Permission to depart from the literal requirements of a zoning district.
VEHICLE: The result of arranging materials and parts together for conveyance over roads (whether or not self-propelled). Such is not deemed a structure in qualifying for a building permit, but as being accessory to the principle use on a lot (except in connection with vehicular rental sales agencies and mobile/manufactured home parks).(revised 7-13-94 by Ord. 94A93/ Res. 94-268). repealed and updated by Ord. 95A102/Res 95-305 on 5-3-95)
VEHICLE, MOTOR: A self-propelled device used for transportation of people or goods over land surfaces and licensed as a motor vehicle.
YARD: An open space, other than a court, unobstructed from the ground to the sky, except where specifically provided by this code, on the lot on which a building is situated.
YARD (FRONT): A yard abutting the front street.
YARD
(JUNK, SALVAGE): Any area, lot, land, parcel, building or structure or part thereof used for the storage, collection, processing, purchase, sale or abandonment of wastepaper, rags, scrap metal or other scrap or discarded goods, materials, machinery or three or more unregistered, inoperable motor vehicles or other type of junk.
YARD (REAR): A yard abutting the rear lot line or alley.
YARD
(REQUIRED): The open space between a lot line and the build-able area within which no structure shall be located except as provided in the zoning ordinance.
YARD (SIDE): A yard abutting a side street (exterior side yard) or a common side boundary (interior side yard) lying between required front and rear yards.
YARD (WRECKING): An open-land area used for dismantling or demolition of motor vehicles, machinery, equipment or similar and usually storage thereof.
ZONE: A specifically delineated area or district within which regulations and requirements uniformly govern the use, placement, spacing and size of land and buildings.
ZONING: The dividing of a municipality into districts and the establishment of regulations governing the use, placement, spacing and size of land and buildings.
ZONING DISTRICT: A zoned area in which the same zoning regulations apply throughout.
ZONING MAP: A map indicating the actual location, extent and intensity of land uses and development within the Town's boundaries.