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Farmington City Zoning Code

ARTICLE 11

DEFINITIONS

Sec. 11.1 - Terms defined.

Terms used shall have the following meanings as used throughout this UDC:

TERMS
Term Definition
Accessory A building, structure, part of building or structure, or use which is subordinate to, and the use of which is incidental to that of the main building, structure, or use on the same lot or plot therewith.
Accessory building A subordinate building, the use of which is incidental to and customary in connection with the principal building or use and which is located on the same lot with such principal building or use.
Accessory structure A structure that: (1) is subordinate to and services a principal building or a principal use legally existing on the same lot; (2) is subordinate in area, extent and purpose to the principal building or principal use; (3) contributes to the comfort, convenience or necessity of the occupants, business or industry of the principal structure or principal use served and (4) is located on the same lot as the principal structure or principal use served.
Accessory use A subordinate use which is incidental to and customary in connection with the principal building or use and which is located on the same lot with such principal building or use.
Adult bookstore A bookstore having for sale or viewing by patrons on its premise a substantial and significant portion of its stock in trade, books, magazines and other periodicals or printed matter principally characterized by their emphasis on matters depicting, describing or relating to "specified sexual activities" or "specified anatomical areas" as defined in this UDC.
Adult cinema An enclosed building or open air theater used on a regular basis for presenting for observation or viewing by customers or commercial patrons pictorial material or other visual images by way of direct or indirect projections, or through coin or slug operated or electrically, electronically or mechanically controlled still or motion picture, video-tape machines or other image-producing devices maintained to show images or material a predominance of which is principally distinguished or characterized by an emphasis on the depiction of "specified sexual activities" or "specified anatomical areas" in return for the payment of any form of consideration or gratuity, irrespective of the number of patrons who may be able to view the presentation at any one time.
Adult entertainment business Shall also include any business not specifically described in this subparagraph which provides or features: (i) male or female dancers, entertainers or contestants who feature the act of partially or totally disrobing, or (ii) an individual or individuals with less than opaque clothing covering specified anatomical areas, or (iii) provides or features an individual or individuals involved in actual or simulated specific sexual activities, or (iv) a dancer or dancers, entertainers or contestants which emphasize and seek to arouse or excite the patrons' sexual desires, or (v) a dancer or dancers or entertainers who fondle or caress any patron."
Adult hotel or motel A hotel or motel which provides as a predominant part of its major business the presentation of material for viewing by patrons in exchange for any form of consideration or gratuity material which is predominantly distinguished or characterized by an emphasis on matters depicting, describing or relating to "specified sexual activities" or "specified anatomical areas," as defined in this UDC, and which rents its facilities on an hourly or less than daily basis.
Adult novelty business A business that has as a principal or accessory activity the sale of materials or devices that stimulate human genitals or devices designed for sexual stimulation or which depict or which relate to "specified sexual activities" or "specified anatomical areas".
Adult video sales/rental outlet A video sales/rental outlet having for sale, rental, or viewing on its premise a substantial and significant portion of its stock in trade, audio visual materials principally characterized by their emphasis on matters depicting, describing or relating to "specified sexual activities" or "specified anatomical areas" as defined in this UDC.
Alley A public, dedicated right-of-way used primarily as a service or secondary means of ingress and egress to the service side of abutting property.
Alluvial fan flooding Flooding occurring on the surface of an alluvial fan or similar landform which originates at the apex and is characterized by high velocity flows; active processes of erosion, sediment transport, and deposition; and unpredictable flow paths.
Alternative tower structure Vertical components not generally designed for use as antenna support structures including but not limited to structures such as church steeples, ballpark light poles, and water towers.
Animal unit A unit of measurement used to determine the animal capacity of an animal-feeding operation containing one or more species of animals. The animal unit capacity of an operation is determined by multiplying the number of animals of each species by the appropriate equivalency factor from the following list and summing the resulting totals for all animal species contained in the operation.
The Animal Unit formula applies to all Rural Agricultural District properties.
Animal species equivalency factor
Alpaca or Llama 0.20
Bison, buffalo (under two years old) 0.50
Bison, buffalo—Cow with calf 1.00
Bison, buffalo 1.00
Burro, donkey 1.00
Burro, donkey—Miniature 0.05
Cattle, beef—Slaughter and feed (under 2 years) 0.50
Cattle, beef—Slaughter and feed 1.00
Cattle, beef—Cow with calf 1.00
Cattle, dairy (bulls or cows) 1.40
Chickens, broiler or layer 0.02
Elk, domestic (under two years old) 0.50
Elk, domestic 1.00
Elk, domestic—Cow with calf 1.00
Emu, less than 100 pounds 0.10
Emu, more than 100 pounds 0.20
Fowl: Chickens, hens 0.02 50
Fowl: Roosters (an adult male domestic chicken) 5 (counts towards per acre equivalency for chickens)
Fowl: Geese, ducks, swans, turkeys, peafowl 0.02 50
Geese, ducks, swans, turkeys, peafowl 0.03
Goat, feeder (less than 80 pounds) 0.05
Goat, mature brood stock 0.10
Goat, nanny with kids 0.10
Goat, miniature 0.05
Horses, mules 1.00
Horses—Mare with foal 1.00
Horses—Miniature 0.50
Ostrich 0.20
Rabbit, fryer and mature 0.02
Sheep feeder (less than 80 pounds) 0.10
Sheep, feeder (more than 80 pounds) 0.20
Sheep, mature brood stock 0.40
Sheep, ewes with lambs 0.20
Swine, feeders (less than 50 pounds) 0.10
Swine, feeders (50 pounds to market) 0.20
Swine, mature brood stock 0.40
Swine, sow with litter 0.40
Animated sign Any sign that uses movement or change of lighting to depict action or create a special effect or scene.
Antenna Any exterior devise for transmitting and receiving wireless communication and mounted on a tower, alternative tower structure, building or structure and used for transmitting and receiving wireless communication for a fee to more than one provider at one time.
Apartment See multifamily dwelling.
Apex Apex means a point on an alluvial fan or similar landform below which the flow path of the major stream that formed the fan becomes unpredictable and alluvial fan flooding can occur.
Appeal A request for a review of an administrative decision.
ARB The administrative review board of the City of Farmington, New Mexico, pursuant to the provisions of section 7.4.
Area of jurisdiction All the lands within the corporate limits of the City of Farmington.
Arterial A major roadway intended primarily to serve though traffic, where access is carefully controlled; generally roadways of regional importance, intended to serve moderate to high volumes of traffic traveling relatively long distances and at higher speeds.
Arterial, minor Provide service for trips of moderate length, connect to higher arterial system. Serves shorter distance trips than principal
Arterial, principal Connecting highways and other arterials with lower class roadways; connecting major activity centers; and serving trips entering and leaving the urban areas as well as trips within the urban area.
Attention-attracting device Any device or object visible from any public street which is primarily designed to attract the attention of the public to a business, institution, sign or activity through such means, including but not limited to illumination, color, size or location. Attention-attracting devices or objects oftentimes incorporate illumination, which may be stationary, moving, turning, blinking (including animation), or flashing. Attention-attracting devices may or may not convey a message and can include, but are not limited to, search lights, beacons, strobe lights, strings of lights, barber poles, internally illuminated translucent canopies or panels, electronically controlled message boards (time/temperature signs, gas price signs, public service announcements, etc.), banners, streamers, pennants, propellers and inflatable objects (including strings of balloons) or other device designed to attract attention. Approved traffic-control devices are not considered to be attention-attracting devices.
Avenue See Collector, Major
Awning Any non-rigid material, such as fabric or flexible plastic that extends from the exterior wall of a building and is supported by or attached to a frame.
Awning sign A sign located on an awning.
Banner Any sign of lightweight fabric or similar material, except for national, state, municipal or official flags of any institution, that is mounted to a pole or building by a permanent frame at two or more edges.
Base flood The flood having a one-percent chance of being equaled or exceeded in any given year.
Basement That part of a building that is partially or completely below grade.
Beacon Any light with one or more beams directed into the atmosphere or directed at one or more points not on the same site as the light source; also, any light with one or more beams that rotate or move.
Billboard A sign which directs attention to a business, commodity, service, or entertainment conducted, sold, or offered elsewhere than upon the same lot.
Boarding house A building, other than a hotel or apartment hotel, where, for compensation and by prearrangement for definite periods, lodging, meals, or lodging and meals are provided for five or more persons, but not exceeding 20 persons.
Boulevard See Arterial, Minor
Breakaway wall Any type of wall, whether solid or lattice, and whether constructed of concrete, masonry, wood, metal, plastic or any other suitable building material, which is not part of the structural support of the building and which is so designed as to break away, during the base flood, without damage to the structural integrity of the building on which it is used or any structures to which it might be carried by floodwaters.
Building Any structure having a roof supported by columns or walls for the shelter or enclosure of persons or property.
Building marker Any sign indicating the name of a building and date and incidental information about its construction. Such sign typically is cut into a masonry surface or made of bronze or other permanent material.
Building permit A permit issued by the community development department pursuant to section 8.2, building permits.
Building sign Any sign attached to any part of a building, as contrasted to a "freestanding sign."
Building site The total horizontal area included within the lines encompassing a building site.
Building wall An exterior load-bearing or non-load-bearing vertical structure that encompasses the area between the final grade elevation and eaves of the building, and used to enclose the space within the building. A porch, balcony, or stoop is part of the building structure and may be considered as a building wall.
Building, principal A building in which is conducted the principal use of the lot on which it is situated. A multi-occupant property may have more than one principal building, but only structures regularly used for human occupancy may be considered principal buildings. Not an accessory building.
Campaign sign A sign expressing support for a candidate for public office or another position regarding a public figure or issue, but bearing no commercial message.
Cannabis Means all parts of the plant genus Cannabis containing a delta-9-tetrahydrocannabinol concentration of more than three-tenths percent on a dry weight basis, whether growing or not; the seeds of the plant; the resin extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture or preparation of the plant, its seeds or its resin.
Cannabis, cultivation Any activity involving the planting, growing, harvesting, drying, curing, grading or trimming of cannabis.
Cannabis manufacturer Means a person that manufactures cannabis products, packages cannabis products, has cannabis products tested by a cannabis testing laboratory; purchases, acquires, sells or transports wholesale cannabis products to other cannabis establishments.
Cannabis, production Any activity involving the extraction of substances from plants and manufacturing of edible products.
Cannabis Retailer Means a person that sells cannabis products to qualified patients, primary caregivers, reciprocal participants or directly to consumers.
Cannabis testing laboratory Samples, collects and tests cannabis products.
Canopy A roof structure constructed of rigid materials, including but not limited to, metal, wood, concrete, plastic, canvas or glass, which is attached to and supported by a building, or which is free-standing and supported by columns, poles or braces extended to the ground. Unlike a marquee, a canopy generally has very limited vertical surface area; and unlike an awning, a canopy is generally supported by vertical elements rising from the ground at two or more corners.
Canopy sign Any sign that is a part of or attached to a structural protective cover over a door, entrance, window, or outdoor service area. A marquee sign is not a canopy sign.
Carport A covered parking space up to 20 feet by 20 feet that is open on at least three sides.
Certification A written statement of the fact to be certified made under oath by the applicant and notarized.
Changeable copy sign Any sign designed so that letters or numbers attached to the sign can be periodically changed to indicate a different message.
Change of use The act of changing from a residential use to a nonresidential use or increasing the intensity of the nonresidential use.
Club Buildings and facilities owned or operated by a corporation, an association, or a person, for a social, educational, or recreational purpose, but not primarily for profit and not primarily to render a service which is customarily carried on as a business.
Collector, Minor Two lane roads with lower travel speeds connecting residential and commercial/industrial areas. Distribute and channel trips between Local Roads and Arterials.
Collector, Major Roads that are longer in length with higher speed limits. May have more travel lanes. More signalized intersections.
Collocation Means use by two or more wireless communication providers located on the same tower or alternative tower structure.
Commercial cannabis activity Means the cultivation, production, possession, manufacture, storage, testing, researching, labeling, transportation, couriering, purchase for resale, sale or consignment of cannabis products.
Commercial coverage A single FCC licensee's network of wireless communications facilities providing a level of service to all areas of the community which, when fully developed, will permit viable commercial operation.
Commercial message Any sign, wording, logo, or other representation that, directly or indirectly, names, advertises or calls attention to a business, product, service, or other commercial activity.
Commission The planning and zoning commission of the City of Farmington, New Mexico, pursuant to the provisions of section 7.3.
Common open space A designated area within a planned unit development or planned development (PDO), which is owned and under the control of a homeowner's association and is jointly available to all occupants of the development, including any building devoted to recreational and social center purposes, but shall not include areas used for vehicle traffic, trash collection, or any storage areas commonly associated with residential development.
Condominium A structure of two or more units, the interior space of which are individually owned; the balance of the property (both land and building) is owned in common by the owners of the individual units. The size of each unit is measured from the interior surfaces (exclusive of paint or other finishes) of the exterior walls, floors and ceiling. The balance of the property is called the common area. A condominium is a type of ownership and not a type of structure, and must be constructed or upgraded in accordance to the "New Mexico Condominium Act."
Construction sign Any sign bearing the names of contractors, architects, engineers and the like which is placed at a construction-site which has received development approval.
Court An open space more than one-half surrounded by buildings.
Critical feature An integral and readily identifiable part of a flood protection system, without which the flood protection provided by the entire system would be compromised.
Cultivation Means any activity involving the planting, growing, harvesting, drying, curing, grading or trimming of cannabis.
Cutoff fixtures Outdoor luminaires shielded or constructed so that the light rays emitted by the fixture are projected below a horizontal plane passing through the lowest point on the fixture from which light is emitted, and the candlepower per 1,000 lumens does not numerically exceed 25 (2.5 percent) at an angle of 90 degrees above (nadir) horizontal, and 100 (ten percent) at a vertical angle of 80 degrees above nadir. Drop or sag lens type fixtures shall not be allowed because of glare.
Day care center Any place where day care or educational services are provided for children, excluding home-based day care and residences occupied as such where care is provided for fewer than four children.
Day care, home-based An occupied dwelling unit where day care or educational services are provided for four to six children, including those residing at the residence.
Delineated The mapped regulatory floodplain areas as delineated on the floodplain maps entitled:
(a) "Floodway—Flood Boundary and Floodway Map", consisting of "Map Index" and drawings designated as "Panel 10 of 20" and "Panel 20 of 20", all a part of that "Flood Insurance Study, City of Farmington, San Juan County, New Mexico" prepared by the Federal Emergency Management Agency, copies of which are on file in the office of the city engineer, and by reference is hereby made a part of this UDC as if included in full herein;
(b) "FIRM—Flood Insurance Rate Map", consisting of "Map Index" and drawings designated as "Panel 5 of 20, Panel 10 of 20, Panel 15 of 20 and Panel 20 of 20', copies of which are on file in the office of the city engineer and by reference is hereby made a part of this UDC as if included in full herein; or
(c) "Flood Boundary and Floodway Property Map", consisting of drawings 01FP, 02FP, 03FP, 05FP, 06FP, 07FP, 08FP, 09FP, 11FP, 12FP, 16FP, 17FP and 19FP.
Development Any manmade change in improved and unimproved real estate, including but not limited to buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations or storage of equipment or materials.
Director The person primarily responsible for administration of this UDC designated in section 7.5.
Directory sign A freestanding or building sign that lists tenants or occupants of a building or project, with unit numbers, arrows, or other directional information.
District Any section of the city within which the zoning regulations are uniform.
Drive-in establishment Any establishment which, by design, physical facilities, service, or packaging procedures, permits or encourages customer receipt of goods, services, or entertainment while remaining in personal motor vehicles.
Dwelling A UBC-, IBC- or HUD-standard approved structure or portion of a structure that is designed, occupied or intended to be occupied, or has been previously used, as living quarters for a single-family and includes facilities for cooking, sleeping and sanitation; but not including home trailers, recreational vehicles, mobile homes, hotels, motels or boarding houses.
Dwelling, multifamily A building designed for or occupied exclusively by three or more families living independently of each other.
Dwelling, single-family A detached building designed for or occupied exclusively by one family.
Dwelling, two-family A detached building on a single lot designed for or occupied exclusively by two families.
Elevated building A nonbasement building (i) built, for a building in zones A1—30, AE, A, A99, AO, AH, B, C, X, and D, to have the top of the elevated floor or, for a building in zones V1—30, VE, or V, to have the bottom of the lowest horizontal structure member of the elevated floor elevated above the ground level by means of pilings, columns (posts and piers), or shear walls parallel to the flow of the water and (ii) adequately anchored so as not to impair the structural integrity of the building during a flood of up to the magnitude of the base flood. In zones A1—30, AE, A, A99, AO, AH, B, C, X, D, the term "elevated building" also includes a building elevated by means of fill or solid foundation perimeter walls with openings sufficient to facilitate the unimpeded movement of floodwaters. In zones V1—30, VE, or V, the term "elevated building" also includes a building otherwise meeting the definition of elevated building, even though the lower area is enclosed by means of breakaway walls if the breakaway walls meet the standards of section 60.3(e)(5) of the National Flood Insurance Program regulations.
Existing construction Existing construction means, for the purposes of determining rates, structures for which the start of construction commenced before the effective date of the FIRM. The term "existing construction" may also be referred to as "existing structures."
Existing manufactured home park or subdivision A parcel (or contiguous parcels) of land divided into two or more manufactured home lots for rent or sale for which the construction of facilities for servicing the lots on which the manufactured home is to be affixed (including, at a minimum), the installation of utilities, either final site grading or the pouring before the effective date of the floodplain management regulations adopted by a community.
Expansion to an existing manufactured home park or subdivision The preparation of additional sites by the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads).
Explosives As defined in Chapter 1 of the National Fire Protection Association Code for Explosive Materials (NFPA 495 1973), or successors to those sections; provided, however, for the purposes of this UDC, the term shall not include small arms ammunition as defined in such NFPA 495 1973 code.
FAA Federal Aviation Administration.
Façade The exterior wall(s) of a building exposed to a street or public space.
Family An individual or two or more persons related by blood, marriage or adoption, or a group of not more than four persons who need not be related by blood or marriage, living together as a single housekeeping unit in a dwelling.
Family care unit A semi-independent housing unit accessory to a single-family dwelling which is intended to serve the elderly or disabled by allowing resident owners of single-family dwellings to care for or be cared for by family members who desire the privacy and independence of separate living quarters, including separate cooking facilities.
Farmers' market An area that is used by one or more operators of bona fide farms for the sale of agricultural products not grown on the same premises as the market.
Farming and ranching The tilling of the soil; the growing of crops; the operation of nonretail greenhouses and nurseries; the raising and/or keeping of livestock, equine, fur-bearing animals, game birds, poultry and farm animals; and incidental structures for carrying out the above.
FCC The Federal Communications Commission.
Filling or service station Any land, building, structure or premises used for the sale at retail of motor vehicle fuels, oils or accessories or for servicing or lubricating motor vehicles or installing or repairing parts and accessories, but not including major repairing or replacing of motors, bodies, transmissions, differentials, fenders, motor vehicles, or painting motor vehicles; and excluding public garages.
Flag Any fabric, banner or bunting containing distinctive colors, patterns or symbols, used as a symbol of a government, political subdivision or other entity.
Flashing sign A sign, the illumination of which is not constant in intensity when in use, and which exhibits sudden or marked changes in lighting effects.
Flood hazard boundary map (FHBM) An official map of a community on which the Federal Emergency Management Agency has delineated the boundaries of flood, mudslide, (i.e., mudflow) and related erosion areas having special hazards which have been designated as zone A, M, or E.
Flood hazard, area of special Land in the floodplain within a community that is subject to a one-percent or greater chance of flooding in any given year. The area may be designated as zone A on the flood hazard boundary map (FHBM). After detailed ratemaking has been completed in preparation for publication of the FIRM, zone A usually is refined into zone A, AE, AH, AO, A1—99, VO, V1—30, VE or V.
Flood insurance rate map (FIRM) An official map of a community on which the Federal Emergency Management Agency has delineated both the areas of special flood hazards and the risk premium zones applicable to the community.
Flood insurance study The official report provided by the Federal Insurance Administration that includes flood profiles, the FIRM, the flood boundary floodway map, and the water surface elevation of the base flood.
Flood or flooding A general and temporary condition of partial or complete inundation of normally dry land areas from the overflow of inland or tidal waters or the unusual and rapid accumulation of runoff of surface waters from any source.
Flood protection system Those physical structural works for which funds have been authorized, appropriated, and expended and which have been constructed specifically to modify flooding in order to reduce the extent of the areas within a community subject to a special flood hazard and the extent of the depths of associated flooding. Such a system typically includes hurricane tidal barriers, dams, reservoirs, levees or dikes. These specialized flood-modifying works are those constructed in conformance with sound engineering standards.
Flooding, area of shallow A designated AO, AH, or VO zone on a community's flood insurance rate map (FIRM) with a one percent chance or greater annual chance of flooding to an average depth of one to three feet where a clearly defined channel does not exist, where the path of flooding is unpredictable, and where velocity flow may be evident. Such flooding is characterized by ponding or sheet flow.
Floodplain director The city engineer of the City of Farmington who is hereby authorized by the flood plain board to administer the provisions of this section.
Floodplain board The administrative review board of the City of Farmington at such times as they are engaged in the enforcement of this section.
Floodplain management The operation of an overall program of corrective and preventive measures for reducing flood damage, including but not limited to emergency preparedness plans, flood control works, and floodplain management regulations.
Floodplain management regulations Zoning ordinances, subdivision regulations, building codes, health regulations, special purpose ordinances (such as a floodplain ordinance, grading ordinance and erosion control ordinance) and other applications of police power. The term describes such state or local regulations, in any combination thereof, which provide standards for the purpose of flood damage prevention and reduction.
Floodplain or floodprone area Any land area susceptible to being inundated by water from any source. (See the definition of Flooding).
Floodplain variance A grant of relief due to hardships created by the floodplain regulations of section 5.6, which permits construction in a manner that is otherwise prohibited by section 5.6. For full requirements, see section 60.6 of the National Flood Insurance Program regulations.
Floodplain, 100-year The relatively flat areas or low lands adjoining the channel of a watercourse, or areas where drainage is or may be restricted by manmade structures which have been or may be covered partially or wholly by flood water, but shall compose an area not less than that area confined by the 100-year flood as delineated on the flood boundary and floodway maps; a flood that has a one percent chance of occurring ever 100 years based upon the criteria established by the New Mexico Department of Water Resources.
Floodproofing Any combination of structural and non-structural additions, changes, or adjustments to structures which reduce or eliminate flood damage to real estate or improved real property, water and sanitary facilities, structures and their contents.
Floodway (regulatory floodway) The channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than a designated height.
Floor area Floor area means, for determination of off street parking and loading requirements, the sum of gross horizontal floor areas of a structure or portion thereof, devoted to a use requiring parking or loading facilities. This area shall include all accessory storage areas, but excepts areas housing mechanical equipment for building operations.
Fowl Any type of domesticated bird raised for meat, eggs or feathers.
Freestanding sign, principal A freestanding sign, attached to the ground (as contrasted to a "building" sign), located within 20 feet of and easily legible from the public right-of-way or other private property, but not including a freestanding sign which conforms to the definition of "incidental sign."
Frontage The distance along a street line from one intersecting street to another or from one intersecting street to the end of a dead end street.
Fully-shielded fixture An outdoor light fixture shielded or constructed so that the installed fixture emits no light rays at angles above the horizontal plane. Shielding by surrounding structures not a part of the light fixture (such as canopy or soffit edges) does not qualify as shielding for determination of a fully-shielded characteristic; fully-shielded light fixtures must be shielded in-and-of themselves.
Functionally dependent use A use which cannot perform its intended purpose unless it is located or carried out in close proximity to water. The term includes only docking facilities, port facilities that are necessary for the loading and unloading of cargo or passengers, and shipbuilding and ship repair facilities, but does not include long-term storage or related manufacturing facilities.
Garage, private A detached accessory building or portion of a main building housing the automobiles of the occupants of the premises, which has a door opening(s) greater than six feet in width or six feet eight inches in height. (Such buildings without the required door opening are considered a "shop.")
Garage, public A building or portion thereof, other than a private or storage garage, designed or used for equipping, servicing, repairing, hiring, selling, storing or parking motor driven vehicles. The term "repairing" shall not include an automotive body repair shop or the rebuilding, dismantling or storage of wrecked or junked vehicles.
Garage, storage A building or portion thereof designed or used exclusively for term storage of motor driven vehicles by prearrangement, as distinguished from daily storage furnished transients, and at which motor fuels and oils are not sold, and motor driven vehicles are not equipped, repaired, hired, or sold.
Grade The average level of the finished surface of the ground for buildings more than five feet from a street line. For buildings closer than five feet to a street, the grade is the sidewalk elevation at the center of the building. If there is more than one street, an average sidewalk elevation is to be used. If there is no sidewalk, the city engineer shall establish the sidewalk grade.
Government services Police department, fire department, emergency facility, civic, etc.
Highest adjacent grade The highest natural elevation of the ground surface prior to construction next to the proposed walls of a structure.
Highway A numbered arterial roadway on the state or federal highway system maintained by the state or city.
Historic structure Any structure that is:

(1) Listed individually in the National Register of Historic Places (a listing maintained by the Department of Interior) or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listing on the National Register;
(2) Certified or preliminarily determined by the Secretary of the Interior as contributing to historical significance of a registered historic district or a district preliminarily determined by the secretary to qualify as a registered historic district;
(3) Individually listed on a state inventory of historic places in states with historic preservation programs which have been approved by the Secretary of Interior; or
(4) Individually listed on a local inventory of historic places in communities with historic preservation programs that have been certified either:

   (a) By an approved state program as determined by the Secretary of the
      Interior; or
   (b) Directly by the Secretary of the Interior in states without approved
      programs.
Holiday decorations Displays erected on a seasonal basis in observance of religious, national, or state holidays, which are not intended to be permanent and contain no advertising material.
Home occupation Any business which is being conducted from a residence that is clearly incidental to and secondary to the use of the residence as a dwelling unit and that conforms to the standards of section 2.5.2, and other applicable requirements of this UDC.
Identification sign A sign bearing the address of the premises or name of occupant, but containing no logo or commercial message.
Illuminance A measure of the amount of light (measured in lumens) per unit area, falling onto a surface, measured in footcandles [one footcandle is one lumen per square foot] or in lux [one lux is one lumen per square meter].
Illuminated sign A sign that is illuminated by electrical or other artificial devices.
Incidental sign A sign, generally informational, that has a purpose secondary to the use of the site on which it is located, such as "no parking," "entrance," "loading only," "telephone," and similar information and directives. No sign with a commercial message legible from a position off the site on which the sign is located shall be considered incidental.
Indirect illumination A source of external illumination located away from the sign, which lights the sign, but which is itself not visible to persons viewing the sign from any street, sidewalk, or adjacent property.
Information, piece of A word, whole number, telephone number, price, logo, picture, exclamation point, or similar separately identifiable unit on a sign.
Institution A nonprofit establishment for public use.
Institutional sign A sign bearing a message related to an institutional use, where such sign is located on the same premises as such use.
Commentary:
Uses treated as "institutional uses" under this definition and thus permitted to have "institutional signs" in residential zoning districts shall be those that are operated with a focus on public services rather than private profit.
In the context of the first principle, no commercial sign shall be permitted for any activity involving the sales of goods or the furnishing of services primarily for a profit.
Private educational uses, such as dance studios, music studios and private schools, shall not be considered institutional uses for this purpose.
Institutional use A school, religious institution, or other use operated by a public agency or nonprofit organization and permitted as a use in one or more residential zoning districts in the city. A day-care facility shall be considered an institution regardless of ownership or operation.
Junkyard or wrecking yard The use of premises for open storage of wrecked or dilapidated automobiles, trucks, trailers, and other such vehicles and parts thereof, but not including automobile storage yards; wagons and other kinds of vehicles and parts thereof; scrap building material; scrap contractor's equipment; tanks; cases; cans; barrels; boxes; drums; piping; bottles; glass; oil; iron; machinery; rags; paper; excelsior; hair; mattresses; beds or bedding; or any other kind of scrap or waste material.
Junkyard or wrecking yards are not permitted within the City of Farmington.
Landscaped area A portion of the site or property containing vegetation to exist after construction is completed. Landscaped areas include, but are not limited to, natural areas, buffers, streetscapes, lawns and plantings.
Landscaping plan Those site plan requirements specified in subsection 5.5.8A.
Levee A manmade structure, usually an earthen embankment, designed and constructed in accordance with sound engineering practice to contain, control, or divert the flow of water so as to provide protection from temporary flooding.
Levee system A flood protection system that consists of a levee and associated structures, such as closure and drainage devices, which are constructed and operated in accordance with sound engineering practices.
Light trespass Light spill falling over property lines that illuminates adjacent grounds or buildings.
Loading area An area located off the public right-of-way, and reserved exclusively for loading/unloading of commercial vehicles at a given business, or professional, commercial, or industrial land use.
Loan companies Companies offering same day, 'over the counter' loans to customers based on collateral such as tax refunds and auto titles. Loans are issued at an interest rate regulated by the state and significantly higher that federally set interest rates.
Local street One or two lane roads with low travel speed. Serves low density residential areas. Provides direct access to higher road systems, no through traffic.
Logo The graphic or pictorial presentation of a message, including, but not limited to, the use of shapes, designs, decorations, emblems, symbols or illustrations, or the superimposition of letters or numbers or any other use of graphics or images other than the sequential use of letters and numbers.
Lot of record A lot, tract, or parcel that was legally established prior to the adoption of the original subdivision regulations by the City of Farmington [Ordinance Number 510, Adopted June 22, 1971].
Lot, corner A lot abutting two or more streets at their intersection.
Lot, double frontage An interior lot having frontage (through) on two streets at a location other than at a street intersection.
Lot, interior A lot other than a corner lot.
Lowest floor The lowest floor of the lowest enclosed area, including basement. An unfinished or flood-resistant enclosure usable solely for parking of vehicles, building access or storage in an area other than a basement area is not considered a building's lowest floor, provided that such enclosure is not built so as to render the structure in violation of the applicable nonelevation design requirement of section 60.3 of the National Flood Insurance Program regulations.
Lumen A unit used to measure the actual amount of visible light produced by a lamp as specified by the manufacturer.
Manufacture Means to compound, blend, extract, infuse, package or otherwise prepare a cannabis product.
Manufactured home (multisection) A structure constructed in a factory after June 15, 1976, according to the rules of the United States Department of Housing and Urban Development, the National Manufactured Housing Construction and Safety Standards Act of 1974 and the Housing and Urban Development Zone Code 2, with a heated area of at least 36 by 24 feet and at least 864 square feet, and installed consistent with the Manufactured Housing Act and with the rules made pursuant thereto relating to permanent foundations.
Manufactured home (single-section) A structure constructed in a factory after June 15, 1976, according to the rules of the United States Department of Housing and Urban Development, which, in the traveling mode, is 8 feet or more in width or 40 feet or more in length, or, when erected on-site, is 320 or more square feet, and which is built on a permanent chassis and designed to be used as a dwelling with or without a permanent foundation when connected to the required utilities, and includes the plumbing, heating, air-conditioning, and electrical systems. The term does not include a recreational vehicle as that term is defined by 24 C.F.R. Section 3282.8(g).
Manufactured home park or subdivision A parcel (or contiguous parcels) of land divided into two or more manufactured home lots for rent or sale.
Marquee A roof-like structure that cantilevers from the wall of a building over its principal entrance and provides a wall surface at least four feet high above the roof area.
Marquee sign A business sign painted on or attached to the face of a marquee.
Masonry wall Solid wall of split-faced cast concrete, stucco, brick, synthetics or other materials with a similar appearance and characteristics.
Mean sea level Mean sea level means, for purposes of the National Flood Insurance Program, the National Geodetic Vertical Datum (NGVD) of 1929 or other datum, to which base flood elevations shown on a community's flood insurance rate map are referenced.
Minor arterial An arterial that connects principal arterials and lower class roadways; and serves shorter distance trips than principal arterials.
Mobile home A movable or portable housing structure designed for and occupied by no more than one family for living and sleeping purposes that is not constructed to the standards of the United States Department of Housing and Urban Development, the National Manufactured Housing Construction and Safety Standards Act of 1974 and the Housing and Urban Development Zone Code 2 or Building Code, as amended to the date of the unit's construction or built to the standards of the current New Mexico Building Code. (See also section 2.4.32).
Mobile home park Any parcel with two or more mobile homes on a single lot.
Mobile home space That part of a mobile home park rented for the exclusive use of the occupants of a single mobile home, the mobile home parking space, and the required open space around the mobile home.
Mobile home subdivision A subdivision designed and intended for residential use, where residence is exclusively, or primarily mobile homes.
Municipal inspector Municipal inspector means and includes the building inspector or a code compliance officer.
New construction For the purpose of determining insurance rates, structures for which the "start of construction" commenced on or after the effective date of an initial FIRM or after December 31, 1974, whichever is later, and includes any subsequent improvements to such structures. For floodplain management purposes, "new construction" means structures for which the "start of construction" commenced on or after the effective date of a floodplain management regulation adopted by a community and includes any subsequent improvements to such structures.
Nonconforming sign Any lawfully established sign that does not conform to the requirements of this UDC.
Nonconforming use The lawfully established use of land or a building or a portion thereof, which use does not conform with the use regulations of the district in which it is located.
Outdoor light fixture An outdoor electrically powered illuminating device, outdoor lighting or reflective surface, lamp or similar device, permanently installed or portable, used for illumination or advertisement. Such devices shall include, but are not limited to search, spot, and flood lights for:

(a) Buildings and structures;
(b) Recreational areas;
(c) Parking lot lighting;
(d) Landscape lighting;
(e) Signs;
(f) Street lighting;
(g) Product display area lighting;
(h) Building overhangs and open canopies; and
(i) Pedestrian areas or walkways.
Park driveway Any interior street within a mobile home park utilized as access by the residents of a mobile home park, their guests, and the public.
Parking, off-street An all weather surfaced area not in a street or alley and having an area of not less than 180 square feet, exclusive of driveways, permanently reserved for the temporary storage of one automobile and connected with a street or alley by an all weather surfaced driveway which affords ingress and egress for an automobile without requiring another automobile to be moved.
Parkway See Arterial, Principal
Pennant Any lightweight plastic, fabric or other material, whether or not containing a message of any kind, which is suspended from a rope, wire, string or pole, usually in series, and which is designed to move in the wind.
Permanent use The active use of antennae for the commercial transmission and receipt of wireless communication intended at the time of its installation to be actively used for a period of not less than three years.
Person Any association, company, corporation, firm, organization, or partnership, singular or plural, of any kind.
Personal services Personal service uses including barbershop; beauty parlor; photographic or artist's studio; messenger; taxicab; newspaper or telegraphic service station; dry cleaning receiving station; undertaking establishment; and other personal service uses of a similar character.
Political sign A sign attracting attention to political candidates or issues.
Portable sign Any sign not permanently attached to the ground or other permanent structure or a sign designed to be transported, including, but not limited to, signs designed to be transported by means of wheels; signs made as A-frames or T-frames; menu and sandwich board signs; balloons used as signs; umbrellas used for commercial messages; and signs attached to or painted on vehicles parked and visible from the public right-of-way, unless said vehicle is used in the normal day-to-day operations of the business.
Portico A porch or walkway, open to the outside air, which is covered by a roof supported by columns or pillars, typically leading to the entrance of a building. A portico is considered a "canopy" for purposes of this UDC.
Premises A lot, together with all buildings and structures thereon.
Principal arterial An arterial connecting highways and other arterials with lower class roadways; connecting major activity centers; and serving trips entering and leaving the urban areas as well as trips within the urban area.
Projecting sign A type of building sign attached to a building wall and extending laterally more than 18 inches from the face of such wall.
Reach The longitudinal segments of a stream, wash, or watercourse which may include, but not be limited to, the segment of the flood hazard area where flood heights are primarily controlled by manmade or natural obstructions or constrictions.
Recreational vehicle A vehicle which is:

(a) Built on a single chassis;
(b) Four hundred square feet or less when measured at the largest horizontal projections;
(c) Designed to be self-propelled or permanently towable by a light duty truck; and
(d) Designed primarily not for use as permanent dwelling but as temporary living quarters for recreational, camping, travel, or seasonal use.
Regulatory flood An elevation one foot above the base flood elevation.
Religious institution A place of worship that exists to support and manage the practice of a certain set of religious beliefs.
Residential sign Any sign located in a district zoned for residential uses that contains no commercial message.
Residential structure A building or portion thereof, either completed or under construction, designed or used exclusively for residential occupancy, and includes mobile homes, but does not include accommodations uses.
Residential underground A single-phase primary system complete with pad-mounted transformers designed to reduce the primary system voltage to the standard usable residential voltage of 120/240 volts three wire single phase, plus three wire electric services to the meter location on the house.
Retail establishment Means a location at which cannabis products are sold to qualified patients, primary caregivers, reciprocal participants and directly to consumers.
Roof line The horizontal top edge of a roof or a building parapet.
Roof sign A sign that is placed above or supported on the top of a building.
School, public or private An institute for education of children and adults.
Shopping center A building or group of buildings, either connected or free-standing, under unified or multiple ownership of land parcels, that is designed and approved as a shopping center with common parking, pedestrian movement, ingress, and egress, and used or intended to be used primarily for the retail sale of goods and services to the public.
Shopping center, regional A shopping center having in excess of 200,000 square feet of floor area.
Sight distance The unobstructed range of vision for a specified distance from a given point.
Sign Any device, fixture, placard or structure that uses any color, form, graphic, illumination, symbol or writing to advertise, announce the purpose of, or identify the purpose of a person or entity, or to communicate information of any kind to the public.
Single-family, attached A structure containing more than one single-family dwelling unit in which the units are physically attached, and each has its own separate exterior entrance way and a separately owned lot.
Site A lot, tract, or parcel of land considered as one land-unit for purposes of this UDC. For a single-family residence, the site shall be the subdivided lot on which it is located. For multifamily projects, the site shall be all land occupied by the buildings in the project and adjoining such property and under common ownership with it. For vacant land, the site shall be all of the adjoining vacant land under single ownership. For single-occupancy, nonresidential properties, the site shall be the subdivided lot that is occupied. For multiple-occupancy properties, the site shall be all land included under the original "site plan" or "subdivision plan" approval under the UDC or all land included under the original "uniform sign plan" approval under this UDC or its predecessor, whichever land area is larger.
Site plan A plan depicting the proposed development of a property, in terms of the location, scale, and configuration of buildings and other features containing all the required information under section 8.5 of this UDC.
Small local retail or service establishment An establishment that provides retail goods or services at a scale consistent with the local surrounding neighborhoods or area in which they operate. Examples are: beauty supply, catering services, barber shop, boutique, professional services, etc.
Specified anatomical areas Specified anatomical areas, includes:
(a) Less than completely and opaquely covered (1) human genitals; pubic region; (2) buttock; and (3) female breast below a point immediately above the top of the areola; and
(b) Human male genitals in a discernibly turgid state, even if completely and opaquely covered.
Specified sexual activities shall include: (a) Actual or simulated sexual intercourse, oral copulation, anal intercourse, oral anal copulation, bestiality, direct physical stimulation of unclothed genitalia, flagellation or torture in the context of a sexual relationship, or the use of excretory functions in the context of a sexual relationship, and any of the following depicted sexually oriented acts of conduct: analingus, buggery, coprophagy, coprophilia, cunnilingus, fellation, necrophilia, pederasty, pedophilia, piquerism, sapphism, zooerastia; or
(b) Clearly depicted human genitalia in a state of sexual stimulation, arousal or tumescence; or
(c) Acts involving the use of human or animal masturbation, sodomy, oral copulation, sexual intercourse, ejaculation; or
(d) Fondling or touching of human genitalia, pubic region, buttocks, or female breasts; or
(e) Masochism, erotic or sexually oriented torture, beating or infliction of pain; or
(f) Erotic or lewd touching, fondling or other contact with an animal by a human being; or
(g) Human excretion, urination, menstruation, or vaginal or anal irrigation.
Spot zoning Where a particular tract within a larger area is specifically zoned so as to impose upon it restrictions not imposed upon the surrounding lands, or grant to it special privileges not granted generally, not done in pursuance of the Comprehensive Plan.
Stacking space Stacking space, as applied to off street parking, means the area reserved for motor vehicles whose operators must await their turn in a line before being able to receive service at a drive-in establishment.
Start of construction Includes substantial improvement, and means the date the building permit was issued, provided the actual start of construction, repair, reconstruction, placement, or other improvement was within 180 days of the permit date. The actual start means either the first placement of permanent construction of a structure on a site, such as the pouring of slab or footings, the installation of piles, the construction of columns, or any work beyond the stage of excavation; or the placement of a manufactured home on foundation. Permanent construction does not include land preparation, such as clearing, grading and filling; nor does it include excavation for a basement, footings, piers, or foundations or the erection of temporary forms; nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure.
Story That portion of a building, other than a basement, included between the surface of any floor and the surface of the floor next above it or, if there is no floor above it, the space between such floor and the ceiling next above it.
Streaming sign Any sign that uses a continual flow of digital message. Streaming signs are a type of flashing sign.
Street frontage The distance for which a lot line adjoins a public street from one lot line intersecting said street to the furthest lot line intersecting the same street.
Street line A dividing line between a lot and contiguous street or right-of-way.
Street yard All areas between building(s) and the adjacent street pavement within the boundaries of a specific parcel or lot.
Structural alteration Any change, except those required by law or ordinance, which would prolong the life of the supporting members of a building or structure, such as bearing walls, columns, beams or girders, not including openings in bearing walls as permitted by other sections of this UDC.
Structure Anything constructed or erected, the use of which requires permanent location on the ground or attached to something having a permanent location on the ground and with a roof including but not limited to advertising signs, billboards, backstops for tennis courts, pergolas and gas or liquid storage tank that is principally above the ground and excluding detached pools, patios, hot tubs and shade structures.
Subdivision identification signs A sign that gives the name of a subdivision or neighborhood.
Substantial damage Damage of any origin sustained by a structure whereby the cost of restoring the structure to its before-damaged condition would equal or exceed 50 percent of the market value of the structure before the damage occurred.
Substantial improvement Any repair reconstruction, or improvement of a structure, the cost of which equals or exceeds 50 percent of the market values of the structure either:

(1) Before the improvement or repair is started, or
(2) If the structure has been damaged and is being restored, before the damage occurred. For the purposes of this definition, "substantial improvement" is considered to occur when the first alteration of a wall, ceiling, floor, or other structural part of the building commences, whether or not that alteration affects the external dimensions of the structure.

Provided, however, the term does not, however, include either:
(1) Any project for improvement of a structure to comply with existing State or local health, sanitary, or safety code specifications which are solely necessary to assure safe living conditions, or
(2) Any alteration of a structure listed on the National Register of Historic Places or a state inventory of historic places.
Suspended sign A sign that is suspended from the underside of a horizontal plane surface and supported by such surface.
Temporary sign Any sign that is used only temporarily and is not permanently mounted, and that can be used only for a designated period of time.
Theater An establishment offering to the public movies or live performances, as more fully defined in the UDC.
Thoroughfare Existing or proposed arterial or collector street as shown on the Major Thoroughfare Plan.
Time-share An ownership or leasehold estate in property devoted to a time-share fee (tenants in common, time span ownership, interval ownership, or other form of ownership) or a time-share lease or estate. Vending machines, reservation, notary, copy, fax, computer services, postal stamp sales, and postal package drop off and pick up shall be considered incidental to timeshare and do not require a special use permit provided the use is intended to serve the residents and guests only, is located within a building or floor of a building, that is used for recreational purposes or as property management offices and is limited to a maximum of 1,200 square feet. Exterior advertising and lighting for timeshare apartments in excess of what exists for residential developments shall not be permitted.
Time-share (interval occupancy) An ownership or leasehold estate in property devoted to a timeshare fee (tenants in common, timeshare ownership or other form of ownership) or a timeshare lease or estate.
Tower Any structure, including any supports, designed and constructed substantially for the purpose of being or supporting one or more antennas. Alternative tower structures shall be deemed a tower on the date a building permit is issued for modifications to enable its use as a tower.
Tower structure, alternative Vertical components not generally designed for use as antenna support structures including but not limited to structures such as church steeples, ballpark light poles, and water towers.
Tower, existing facility A tower, antennae or wireless communication facility in active use and for which a building permit has been properly issued and has not expired before the effective date of this UDC.
Tower, permanent use The active use of antennae for the commercial transmission and receipt of wireless communication intended at the time of its installation to be actively used for a period of not less than three years.
Townhouse or town house One of a group of two or more attached dwelling units divided from each other by common walls, each having a separate entrance leading directly to the outdoors at ground level, and each having at least one-fourth of its heated and unheated floor area approximately at grade. A townhouse bulding is one type of an apartment.
Traffic impact analysis (TIA) A study that determines the potential traffic impacts of a proposed traffic generator. A complete analysis will include an estimation of future traffic with and without the proposed generator, analysis of the traffic impacts, and recommended roadway improvements that may be necessary to accommodate the expected traffic.
Traffic sign A sign indicating federal, state, or municipal regulations for automobile, truck, bicycle or pedestrian movement.
Travel trailer A vehicle designed for temporary or vacation living or used to carry units so designed, not to exceed 40 feet in length.
Truck stop A building, premises, or land upon which is conducted the maintenance, servicing, storage or repair of commercial tractor-trailers, including the dispensing of motor fuel or other petroleum products directly into motor vehicles. A truck stop may also include the sale of accessories for trucks and similar commercial vehicles, overnight accommodations and restaurant facilities for the use of truck crews, and facilities for dispensing of fuel into and servicing of passenger and utility vehicles.
Usable open space A designated common area maintained and managed by a homeowners' association or similar entity that is available for the use and enjoyment of the residents, occupants, and guests of a development.
Veterinary clinics, large animal Any building or portion of a building designed or used for the care, observation or treatment of domestic animals larger than the largest breed of dogs.
Veterinary clinics, small animal Any building or portion of a building designed or used for the care, observation or treatment of domestic animal no larger than the largest breed of dogs.
Wall sign Any sign painted on or attached to and extending not more than six inches from an exterior wall in a parallel manner.
Wall, exterior A vertical, structural component of a building which encloses habitable or usable space; a parapet extending not more than 12 inches above a flat roof shall be considered part of the exterior wall for purposes of this UDC.
Water surface elevation The height, in relation to the National Geodetic Vertical Datum (NGVD) of 1929 or other datum, where specified, of floods of various magnitudes and frequencies in the floodplains of coastal or riverine areas.
Watercourse Any lake, river, creek, stream, wash or other body of water having banks and beds through which waters flow at least periodically. The term may include specifically designated areas in which substantial food damage may occur.
Windblown devices Any banner, pennant, spinner, streamer, propeller, disc, moored blimp, gas balloon or flag (which is not of local, state or federal origin) that is designed to inform or attract attention, whether or not such device carries a message, all or part of which is set in motion by wind, mechanical, electrical or any other means.
Window sign Any sign that is applied to the glassed area of a building and located such that the message, symbol, insignia, visual representation, logo or other material which communicates information can be read from off the property.
Yard Open spaces on the lot or building plot on which a building is situated and which are open and unobstructed to the sky by any structure except as herein provided.
Yard, front A yard facing and abutting a street and extending across the front of a lot or building plot between the side property lines and having a minimum horizontal depth measured from the front property line to a depth of the setback specified for the district in which the lot is located.
Yard, rear A yard extending across the rear of the lot or building plot between the side property lines and having a minimum depth measured from the rear property line as specified for the district in which the building plot is located.
Yard, side A yard located on a lot or building plot extending from the required rear yard to the required front yard having a minimum width measured from the side property line as specified for the district in which the building plot is located.

 

(Ord. No. 2021-1325, 3-9-21; Ord. No. 2021-1329, 10-12-21; Ord. No. 2021-1332, 10-26-21; Ord. No. 2024-1370, 12-10-24)