Words and terms expressly defined in this UDO have the specific meanings assigned unless the context clearly indicates another meaning. Words and terms that are not expressly defined in this UDO have their common dictionary meaning.

(Ord. No. 2122-2019, § 3, 6-20-19).

See 17.30.020 for an explanation of the use categorization system used in this UDO and for use type definitions.

(Ord. No. 2122-2019, § 3, 6-20-19).

See Chapter 17.85 for an explanation of various lot and building regulation terms, such as "lot area," "building height," "setbacks" and "build-to zone."

(Ord. No. 2122-2019, § 3, 6-20-19).

"Abut" or "abutting" means to touch or share a contiguous boundary or border. Lots separated only by an alley are expressly deemed to be abutting lots.

"Accessory use or structure" means a use or structure that meets the criteria established in 17.30.030.A.2.

"Adjacent" means lying near or in the immediate vicinity.

"Agent" means a person duly authorized to act on behalf of the owner of the subject property.

"Alley" means a public right-of-way that affords a means of access to abutting property, generally secondary in nature.

"All-weather surface (or material)" means a hard surface, dustless material capable, during ordinary use, of withstanding without substantial deterioration, normal weather conditions. Gravel, rock or screenings alone, without use of a road surface binder, does not meet the definition of an all-weather surface.

"Animal unit" means a measure representing a common denominator to define a farm. Animal unit measures are related to the amount of feed various farm animals consume and the amount of waste they produce. The animal unit value assigned to several common farm animals is listed in Table 90-1.

TABLE 90-1: ANIMAL UNIT VALUES

"Applicant" means the owner of the subject property or an agent authorized by the subject property owner to submit an application on the owner's behalf.

"Awning" means a roof-like structure typically made of cloth, metal or other material attached to a frame that extends from and is supported by a building. Awnings are typically erected over a window, doorway or building front and they may be raised or retracted to a position adjacent to the building.

(Ord. No. 2122-2019, § 3, 6-20-19).

"Base (zoning)" district means any zoning district that is not an overlay district.

"Block face" means all lots abutting one side of a street between the two nearest intersecting streets.

"Building" means a structure that is permanently affixed to the land; with or without a roof, or walls on all sides; and used or intended for supporting or sheltering any use or occupancy.

Building Coverage. See 17.85.070.

Building Height. See 17.85.080.

(Ord. No. 2122-2019, § 3, 6-20-19).

"Carport" means any parking space or spaces having a roof, but not enclosed by walls, and accessory to a dwelling or dwellings. Parking garages and parking structures are not carports.

"City" means the city of Clovis, New Mexico.

"City commission" means the city commission of the city of Clovis.

"Cold frame" means an unheated structure no more than four feet in height used for protecting seedlings and plants from the cold.

(Ord. No. 2122-2019, § 3, 6-20-19).

"Development" means any man-made change to improved or unimproved real estate, including but not limited to, buildings or other structures, mining, dredging, filling, grading, paving, or excavation operations.

Development Plan. See 17.65.090.

"Dumpster" means a container with a capacity of more than 1.5 cubic yards or a height of more than 4.5 feet that is designed for receiving, transporting, and depositing waste materials produced by uses that are on the subject site. Dumpsters are typically designed to be hoisted and emptied into a garbage truck.

"Dwelling unit" means a room or group of rooms arranged, intended, or designed as a habitable unit, containing kitchen, bath and sleeping facilities, for not more than one household living independently of any other household.

(Ord. No. 2122-2019, § 3, 6-20-19).

"Electric vehicle" means any vehicle that is licensed and registered for operation on public and private highways, roads, and streets; either partially or exclusively, on electrical energy from the grid or an off-board source, that is stored onboard via a battery. "Electric vehicle" includes: (1) battery electric vehicles; and (2) plug-in hybrid electric vehicles.

"Electric vehicle (EV) charging station" means a public or private parking space that is served by battery charging station equipment. Electric vehicle charging station, private (restricted-access) means an EV charging station that is not available for use by the general public. Examples include electric vehicle charging stations that serve residential homeowners or renters, executive parking areas, designated employee parking areas and fleet parking areas.

"Electric vehicle charging station, public" means an EV charging station that is accessible to and available for use by the general public.

"Electric vehicle parking space" means any parking space that is clearly identified to be used exclusively for the parking of an electric vehicle.

(Ord. No. 2122-2019, § 3, 6-20-19).

Floor Area. See 17.85.040.

"Foot-candle" means a measure of illumination, the amount of light falling onto a surface. One lumen of light, shining evenly across one square foot of surface, illuminates that surface to one foot-candle.

(Ord. No. 2122-2019, § 3, 6-20-19).

"Geothermal heat exchange system" means equipment that exchanges thermal energy between the ground (or a water source) and a building. This includes vertical closed loop, horizontal closed loop, water body closed loop system and open loop systems. Also known as ground source heat pumps and geothermal heat pumps.

Grade, Finished. "Finished grade" means the vertical location of the ground or pavement surface after site grading work is completed in accordance with an approved plan.

(Ord. No. 2122-2019, § 3, 6-20-19).

Height, Building. See 17.85.080.

"Home occupation" means an accessory use of a dwelling unit for business or commercial purposes. Home occupations are subject to the regulations of 17.30.030.G.

"Hoop house" means a temporary or permanent structure typically made of flexible pipe or other material covered with translucent plastic, constructed in a "half-round" or "hoop" shape, for the purposes of protecting and cultivating plants. A hoop house is considered more temporary than a greenhouse.

"Household" means one or more persons who inhabit a single dwelling unit, as a single housekeeping unit, that is: (1) traditionally characterized by matrimonial or parent-child relationship, provided that all such persons are related by blood, marriage, adoption, fosterage, or guardianship and no more than two unrelated inhabitants are included in the housekeeping unit; or (2) predominantly characterized by voluntary associational, communal relationships, provided no more than eight inhabitants are included in the housekeeping unit. The term "household" expressly includes community-based residential facilities licensed by or contracted with the New Mexico Department of Human Services that provide care or supervision by a responsible adult for no more than eight individuals with developmental or physical disabilities as a single housekeeping unit.

(Ord. No. 2122-2019, § 3, 6-20-19).

Reserved.

Reserved.

Reserved.

"Lawfully established" means a use, structure, lot or sign (as the context indicates) that was established in conformance with all applicable UDO regulations in effect at the time of its establishment.

"Light trespass" means light that is emitted into an unintended area.

"Lot" means a lot of record.

Lot Area. See 17.85.020.

"Lot area per unit" means a measurement of allowed residential density. See 17.85.030.

Lot, Corner. "Corner lot" means a lot abutting two or more streets at their intersection or upon two segments of the same street, when such segments form an interior angle of less than one hundred thirty-five degrees. The point of intersection of street rights-of-way lines is the corner.

Lot, Double-frontage. "Double-frontage lot" means an interior lot with frontage on more than one street or a corner lot with frontage on more than two streets.

Lot, Interior. "Interior lot" means a lot other than a corner lot.

"Lot of record" means a lot that is part of a subdivision, the plat of which is recorded in the county clerk's office; a parcel of land, the conveyance of which is recorded in the county clerk's office; or the balance of a parcel of land where the conveyance of another portion of that parcel is recorded in the county clerk's office.

"Lot line" means any boundary of a lot.

FIGURE 90-1: LOT LINES

Lot Line, Front. "Front lot line" means the boundary of a lot that abuts the street. Unless otherwise expressly stated, the owner of the subject property may select which lot line is the front lot line on corner lots.

Lot Line, Rear. "Rear lot line" means the boundary of a lot that is most distant from and most nearly parallel to the front lot line.

FIGURE 90-3: REAR LOT LINE

Lot Line, Side. "Side lot line" means any boundary of a lot that is not a street lot line or a rear lot line.

FIGURE 90-4: SIDE LOT LINES

Lot Line, Street. "Street lot line" means the boundary of a lot that abuts a street. A lot may have more than one street lot line, and a street lot line may also be a front lot line.

FIGURE 90-2: STREET LOT LINE

Lot Width. See 17.85.050.

(Ord. No. 2122-2019, § 3, 6-20-19).

Mobile Storage Unit, Temporary. "Temporary mobile storage unit" means a mobile, fully enclosed container that is specifically designed and used for the temporary storage of household goods, wares, and materials for the purpose of moving, relocation, or temporary storage during construction. This definition does not include a shipping or cargo container, modified or otherwise.

"Multi-tenant development" means a development typically under unified ownership and control consisting of two or more business establishments, which may be on the same lot or on separate lots. The tenants of multi-tenant development typically share vehicle access and parking facilities.

(Ord. No. 2122-2019, § 3, 6-20-19).

"NA (or -)" means not applicable or no requirement.

Nonconforming Lot. See 17.75.020.A.

Nonconforming Structure. See 17.75.030.A.

Nonconforming Use. See 17.75.040.A.

"Nonconformity" means a nonconforming lot, nonconforming use, nonconforming structure, nonconforming development feature or nonconforming sign.

"Nonresidential district" or "nonresidential zoning district" means any zoning district other an R (residential) district.

(Ord. No. 2122-2019, § 3, 6-20-19).

"Open-air uses" means uses of land that do not involve buildings or that involve buildings that are incidental and accessory to the open-air use of the lot. Typical examples include storage yards, vehicle impound yards, auto wrecking and junkyard uses.

"Outdoor customer seating/dining area" means the area of all unenclosed areas used or intended to be used for seating and dining by customers and guests, including standing table areas.

"Overlay district" means a zoning district that over-lays one or more base zoning districts and imposes requirements in addition to those of the base district or modifies the regulations otherwise applicable in the base zoning district.

(Ord. No. 2122-2019, § 3, 6-20-19).

"Parapet" or "parapet wall" means a wall-like barrier at the edge of a roof that acts as a vertical extension of an exterior building wall extending above the roof height of the building. Parapets may serve as a safety or architectural feature.

"Parking area" means the area which includes the parking spaces, the maneuvering areas necessary to enter and exit the spaces and the drives providing access to the parking spaces and maneuvering areas from a public or private street or other parking areas.

Parking Space, Off-Street. "Off-street parking space" means a space on a lot intended and reserved for the parking of an automobile.

Parking Space, Required Off-Street. "Required off-street parking space" means a space on a lot reserved for parking required by this UDO.

"Photovoltaic cell" means a semiconductor device that converts solar energy into electricity.

"Planning and zoning commission" means the planning and zoning commission of the city of Clovis.

"Principal building" means a building or combination of buildings of chief importance or function on a lot. In general, the principal use is carried out in the principal building.

"Principal use" means a use or activity or combination of which are of chief importance on the lot; one of the main purposes for which the land, buildings or structures are intended, designed or ordinarily used.

"Public improvement" means any improvement, facility or service, together with customary improvements and appurtenances thereto, necessary to provide for public needs such as: Streets, alleys, pedestrian walks or paths; storm sewers, flood control improvements, water supply and distribution facilities, sanitary sewage disposal and treatment; and public utility and energy services.

(Ord. No. 2122-2019, § 3, 6-20-19).

Reserved.

"Rainwater harvesting equipment" means a rain barrel, cistern or similar container that collects and stores rainwater or other water that would otherwise be lost as runoff.

"Recreational vehicle (RV)" means a trailer, boat trailer, travel trailer, camping trailer, truck camper, camper shell, motor home, tent trailer, boat, houseboat, or similar vehicle or unit. Camper shells that are attached to a pickup truck are not considered a recreational vehicle.

"Residential building" means a detached house, lot line house, townhouse, duplex, multi-dwelling house, apartment, or mobile home.

"Review agencies" means local, state and federal agencies; utilities; and other agencies who have regulatory responsibility or directly related interests in subdivision plats and land development matters, as determined by the director of building safety based on the location and nature of the subject application.

(Ord. No. 2122-2019, § 3, 6-20-19).

"Setback" means an open, unobstructed area that is required to be provided by this UDO. See 17.85.060.

"Solar energy system" means a system intended to convert solar energy into thermal, mechanical or electrical energy.

Solar Energy System, Building-Integrated. "Building-integrated solar energy system" means a solar energy system that is an integral part of a principal or accessory building, rather than a separate mechanical device, replacing or substituting for an architectural or structural part of the building. Building-integrated systems include, but are not limited to, photovoltaic or hot water systems that are contained within roofing materials, windows, skylights, shading devices and similar architectural components.

FIGURE 90-5: BUILDING-INTEGRATED

Solar Energy System, Flush-Mounted. "Flush-Mounted solar energy system" means a solar energy system that is mounted flush with a finished building surface, at no more than six inches in height above that surface.

FIGURE 90-7: FLUSH-MOUNTED
SOLAR ENERGY SYSTEM

Solar Energy System, Ground-Mounted. "Ground-mounted solar energy system" means A solar energy system mounted on the ground and not attached to any other structure other than structural supports.

FIGURE 90-8: GROUND-MOUNTED
SOLAR ENERGY SYSTEM

Solar Energy System, Structure-Mounted. "Structure-mounted solar energy system" means a solar energy system that is mounted on the façade or roof of either a principal or accessory structure.

FIGURE 90-6: STRUCTURE-MOUNTED
SOLAR ENERGY SYSTEM

"Solar panel" means a group of photovoltaic cells assembled on a panel. Panels are assembled on-site into solar arrays.

"Special event" means a temporary event or group of related temporary events typically involving a mass gathering of people on public right-of-way or public property; or on private property in a manner that results in significant impacts on public property or right-of-way.

"Street wall" means the wall or part of the building nearest the abutting street.

Street Yard. See Yard, Street.

"Structure" means anything constructed or erected with a fixed location on the ground, or attached to something having a fixed location on the ground, and includes buildings, parking areas, walks, fences canopies and signs.

(Ord. No. 2122-2019, § 3, 6-20-19).

"Top plate" means the horizontal timber directly carrying the trusses of a roof or the rafters.

FIGURE 90-9: TOP PLATE

(Ord. No. 2122-2019, § 3, 6-20-19).

"Utility-scale energy production" means an energy production facility that produces electric energy for widespread distribution through the electric power grid.

(Ord. No. 2122-2019, § 3, 6-20-19).

Variance. See 17.65.140.

Vehicle Fuels, Alternative. "Alternative vehicle fuels" means electricity, CNG (compressed natural gas), LNG (liquefied natural gas), LPG (liquefied petroleum gas), and hydrogen.

Vehicle Fuels, Conventional. "Conventional vehicle fuels" means gasoline and diesel fuel.

(Ord. No. 2122-2019, § 3, 6-20-19).

"Walkway" means a clearly defined path for nonmotorized movement between buildings, structures, destinations, or other walkways on or adjacent to a site.

"Wind energy system" means equipment that converts and then stores or transfers energy from the wind into a usable form of energy, any base, blade, foundation, generator, rotor, tower, transformer, vein, wire, inverter, battery, or other component used in the system.

"Wind energy tower" means any monopole, freestanding, or guyed structure that supports a wind generator.

"Wind generator" means blades and associated mechanical and electrical conversion components mounted on a wind energy tower and used as a part of a wind energy system.

(Ord. No. 2122-2019, § 3, 6-20-19).

Reserved.

"Yard" means an actual (as opposed to "required") open, unoccupied space that exists on a lot between a building and a lot line.

Yard, Front. "Front yard" means a yard extending along the full length of the front lot lines between the side lot lines.

Yard, Rear. "Rear yard" means a yard extending along the full length of the rear lot line between the side lot lines.

FIGURE 90-10: REAR YARD

Yard, Side. "Side yard" means a yard extending along a side lot line between the front yard and the rear yard.

FIGURE 90-11: SIDE YARD

Yard, Street. "Street yard" means any yard abutting a street.

FIGURE 90-12: STREET YARD

(Ord. No. 2122-2019, § 3, 6-20-19).

Reserved.