For the purpose of this title, certain terms or words used herein shall be interpreted as follows:

   A.   The word "person" includes a firm, association, organization, partnership, trust, company, or corporation, as well as an individual.

   B.   The present tense includes the future tense, the singular number includes the plural, and the plural number includes the singular.

   C.   The word "shall" is a mandatory requirement, the word "may" is a permissive requirement, and the word "should" is a preferred requirement.

   D.   The words "used" or "occupied" include the words "intended, designed, or arranged to be used or occupied".

   E.   The word "lot" includes the words "plot", "parcel", and "tract", as the meaning may require it.

   F.   The term "erected" means "constructed", "altered", "moved", "repaired".

   G.   The word "district" is synonymous with the term "zone".

   H.   The term "planning and zoning commission" is synonymous with the term "zoning commission" and the term "planning commission" is synonymous with the term "zoning commission". (Ord. 989, 6-4-1996)

For the purpose of this title, the following terms shall have the meanings ascribed to them in this section:

ACCESSORY BUILDING: A subordinate building detached from, but located on the same lot as, the principal building, the use of which is incidental and accessory to that of the main building or use.

ACCESSORY USE: The use of land, or of a subordinate building or part thereof, or a portion of a main building, such use being accessory to or incidental to the principal use of the premises, and including home occupations as defined in this section.

AGRICULTURE: The use of land over five (5) acres for farming, dairying, pasturage, agriculture, horticulture, floriculture, viticulture, aquaculture, animal and poultry husbandry, and the necessary accessory uses for packing, treating, or storing the produce; provided, however, that:

   A.   The operation of any such accessory use shall be secondary to that of normal agricultural activities.

   B.   The above uses shall not include the feeding or sheltering of animals, fish or poultry in penned enclosures within one hundred feet (100') of any residential zoning district. "Agriculture" does not include the operation or maintenance of a commercial stockyard or where poultry are fed concentrated feeds particularly for the purpose of fattening for market.

AIRPORT: Any area of land or water which is used or intended for use by aircraft and including the necessary appurtenant structures or facilities located thereon.

ANIMAL HOSPITAL: See definition of Veterinary Animal Hospital Or Clinic.

APARTMENT HOUSE: Any building, or portion thereof, which is designed, built, rented, leased, let or hired out to be occupied as the home or residence of three (3) or more families living independently of each other and doing their own cooking in said building.

AUTOMOTIVE MANUFACTURED HOME, TRAVEL TRAILER, AND FARM IMPLEMENT SALES: The sale of or rental of new and used motor vehicles, mobile homes, travel trailers or farm implements, but not including repair work except incidental warranty repair of same, to be displayed and sold on the premises.

AUTOMOTIVE REPAIR: The repair, rebuilding or reconditioning of motor vehicles or parts thereof, including bodywork, painting and steam cleaning.

AUTOMOTIVE WRECKING YARD: The dismantling or wrecking of two (2) or more used motor vehicles, mobile homes, trailers, or the storage, sale or dumping of dismantled, partially dismantled, obsolete or wrecked vehicles or their parts.

BLOCK: The space along one side of a street between the two (2) nearest intersecting streets, or between an intersecting street and a right of way, waterway or other similar barrier, whichever is lesser.

BUILDING: Any structure designed or intended for the support, enclosure, shelter, or protection of persons, animals, chattels, or property of any kind.

BUILDING ALTERATION: As applied to a building, a change or rearrangement in the structural parts or in the exit facilities, or an enlargement, whether by extending on a side or by increasing in height, or the moving from one location or position to another.

BUILDING ALTERATIONS, STRUCTURAL: A change in the supporting members of a building, such as bearing walls, columns, beams, or girders.

BUILDING AREA: The maximum horizontal area, enclosed by the outside walls of a building and its accessory buildings, at the ground level or above, whichever is greater, exclusive of uncovered porches, terraces, steps or balconies.

BUILDING HEIGHT: The vertical distance measured from the average elevation of the proposed finished grade at the front of the building to the highest point of the roof for flat roofs, to the deck line of mansard roofs, and the top of building walls for gable, hip and gambrel roofs.

BUILDING LINE: The line, parallel to the front lot line, measured between side lot lines through that part of the building, structure or construction site where the lot is narrowest.

BUILDING, PRINCIPAL: A building in which is conducted the main or principal use of the lot on which said building is situated.

CEMETERY: Land used or intended to be used for the burial of the human or animal dead and dedicated for cemetery purposes, including crematories, mausoleums, and mortuaries if operated in connection with and within the boundaries of such cemetery for which perpetual care and maintenance is provided.

CITY: The city of Hagerman.

COMMISSION: The zoning, planning and zoning, joint zoning or joint planning and zoning commission appointed by the city council.

COMPREHENSIVE PLAN: A plan, or any portion thereof, adopted by the city council, including such things as the general location and extent of present and proposed physical facilities including housing, industrial and commercial uses, major transportation, parks, schools, and other community facilities.

COTTAGE INDUSTRY: See definition of Home Occupation.

DAYCARE: Any home, structure, or place where nonmedical care, protection, or supervision is regularly provided to children under fourteen (14) years of age, and not members of the operator's own family, for periods less than twenty four (24) hours per day, while the parents or guardians are not on the premises. There are three (3) types of childcare facilities.

Childcare Center: A childcare facility that provides care for more than twelve (12) children throughout the day.

Family Childcare Home: A childcare facility which provides care for five (5) or fewer children throughout the day.

Group Childcare Home: A childcare facility, which provides care for six (6) to twelve (12) children throughout the day.

Method Used To Count Children: In determining the type of childcare facility that is being operated, the total number of children cared for during the day and not the number of children at the facility at any one time is determinative.

DENSITY: A unit of measurement; the number of dwelling units per parcel of land.

Gross Density: The number of dwelling units per acre or parcel of total land to be developed, including public right of way.

Net Density: The number of dwelling units per acre or parcel of land when the acreage involved includes only the land devoted to residential uses, excluding public right of way.

DEVELOPMENT: Any manmade change to improved or unimproved real estate, including, but not limited to, buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations located within the area of special flood hazard.

DWELLING, MULTI-FAMILY: A dwelling consisting of three (3) or more dwelling units including townhouses and condominiums with varying arrangements of entrances and party walls. Multi-family housing may include public housing.

DWELLING, ROOMING HOUSE (BOARDING HOUSE, LODGING HOUSE, DORMITORY AND BED AND BREAKFAST HOUSE): A dwelling or part thereof, other than a hotel, motel or restaurant, where meals and/or lodging are provided for compensation for three (3) or more unrelated persons where no cooking or dining facilities are provided in the individual rooms.

DWELLING, SINGLE-FAMILY: A dwelling consisting of a single dwelling unit only, separated from other dwelling units by open space.

DWELLING, TWO-FAMILY: A dwelling consisting of two (2) dwelling units which may be either attached side by side or one above the other (duplex).

DWELLING UNIT: Space within a dwelling comprising living, dining, sleeping room or rooms, storage, closets, as well as space and equipment for cooking, bathing, and toilet facilities, all used by only one family and its household employees.

EASEMENT: Authorization by a property owner for the use by another, and for a specified purpose, of any designated part of his property.

FLOODPLAIN OVERLAY DISTRICT: An overlay zoning district that regulates building construction and improvements, in addition to the zoning requirements of the underlying district, in flood prone areas as set forth by the national flood insurance program.

GARAGE, PARKING: A building or portion thereof for the storage of one or more motor vehicles for persons living on the premises.

GARAGE, PRIVATE: A building or portion thereof for the storage of one or more motor vehicles for persons living on the premises.

GARAGE, SERVICE STATION: Buildings and premises where gasoline, oil, grease, batteries, tires, and motor vehicle accessories may be supplied and dispensed at retail, and does not include major mechanical and bodywork. A filling station is not a repair garage or a body shop.

HOME OCCUPATION: Any gainful occupation engaged in by an occupant of a dwelling unit including handicrafts, dressmaking, millinery, laundering, preserving, office of a clergyman, teaching of music, dancing and other instruction when limited to attendance of one pupil at a time and other like occupancies which meet all of the following conditions:

   A.   The use is clearly incidental and secondary to the use of the dwelling for dwelling purposes.

   B.   The use is conducted entirely within a dwelling and is carried on by the inhabitants thereof.

   C.   No article shall be sold or offered for sale on the premises, except such as is produced by the occupants on the premises, and no mechanical or electrical equipment shall be installed or maintained other than such as is customarily incidental to domestic use.

   D.   The use does not change the character of the dwelling or adversely affect the uses permitted in the residential district.

   E.   The use creates no additional traffic and requires no additional parking space.

   F.   No persons are employed other than those necessary for domestic purposes.

   G.   Not more than one-fourth (1/4) of the gross area of one floor of said dwelling is used for such use.

   H.   The entrance to the space devoted to such use is from within the building and no internal or external alterations or construction features not customary in dwellings are involved.

HOTEL OR MOTEL AND APARTMENT HOTEL: A building in which lodging or boarding are provided and offered to the public for compensation. As such, it is open to the public in contradistinction to a boarding house, rooming house, lodging house, or dormitory which is herein separately defined.

JUNKYARD: An outdoor space where junk, waste, discarded or salvaged materials are stored or handled, including automobile wrecking yards, and yards for used building materials and places or yards for storage of salvaged building materials and places or yards for storage of salvaged building and structural steel materials and equipment; excluding yards or establishments for the sale, purchase or storage of used cars or machinery in operable condition, and the processing of used, discarded or salvaged materials as part of a permitted manufacturing operation on the same premises.

KENNEL: Any place that keeps, maintains, harbors or possesses three (3) or more dogs over the age of six (6) months.

LIVESTOCK CONFINEMENT OPERATION: Includes all new operations and maintains more than the number of animals specified in any of the following categories:

   A.   Slaughter/feeder cattle and/or dairy heifers: Thirty (30).

   B.   Cow/calf pair: Twenty five (25).

   C.   Mature dairy cattle (milked or dry cows): Twenty (20).

   D.   Swine, each weighing over fifty five (55) pounds: Twenty (20).

   E.   Horses: Ten (10).

   F.   Sheep or lambs: Thirty (30).

   G.   Turkeys: Ten (10).

   H.   Laying hens or broilers: One hundred (100).

   I.   Goats: One.

   J.   Furbearing animals: Twenty (20).

   K.   Maximum of thirty (30) animal units.

LOADING SPACE, OFF STREET: Space logically and conveniently located for bulk pick ups and deliveries.

LOT: A parcel of land of sufficient size to meet minimum zoning requirements for use, coverage, and area, and to provide such yards and other open spaces as are herein required. Such lot shall have frontage on an improved public street, and may consist of:

   A.   A single lot of record.

   B.   A combination of complete lots of record, or of portions of lots of record.

LOT COVERAGE: The ratio of enclosed ground floor area of all buildings on a lot to the horizontally projected area of the lot, expressed as a percentage.

LOT FRONTAGE: The front of a lot shall be construed to be the portion nearest the street. For the purpose of determining yard requirements on corner lots and through lots, all sides of a lot adjacent to streets shall be considered frontage, and yards shall be provided as indicated under the definition of "yards" in this section.

LOT, MINIMUM AREA OF: The area of a lot is computed exclusive of any portion of the right of way of any public or private street.

LOT OF RECORD: A lot recorded in the office of the county recorder, or a lot or parcel described by metes and bounds, the description of which has been so recorded.

LOT TYPES: Terminology used in this title with reference to corner lots, interior lots and through lots is as follows:

Corner Lot: A lot located at the intersection of two (2) or more streets.

Interior Lot: A lot with only one frontage on a street.

Reversed Frontage Lot: A lot on which frontage is at right angles to the general pattern in the area. A reversed frontage lot may also be a corner lot.

Through Lot: A lot other than a corner lot with frontage on more than one street. Through lots abutting two (2) streets may be referred to as double frontage lots.

MANUFACTURED HOME: A structure constructed according to HUD/FHA mobile home construction and safety standards, transportable in one or more sections, which, in the traveling mode, is eight (8) body feet or more in width or is forty (40) body feet or more in length, and when erected on site is one thousand (1,000) square feet or more in size, and which is built on a permanent chassis, and designed to be used as a dwelling unit with a permanent foundation when connected to the required utilities, and includes the plumbing, heating, air conditioning and electrical systems contained therein. Manufactured homes shall not include travel trailers, or other similar recreational vehicles, and shall not include manufactured homes or mobile homes constructed prior to the year of the adoption of this title.

MANUFACTURED HOME PARK: Any site or tract of land under single ownership, upon which two (2) or more manufactured homes for habitation are parked, either free of charge or for revenue purposes; including any roadway, building, structure, vehicle, or enclosure used or intended for use as a part of the facilities of such park.

MANUFACTURING, EXTRACTIVE: Any mining, quarrying, excavating, processing, storing, separating, cleaning, or marketing of any mineral natural resource.

MANUFACTURING, HEAVY: Manufacturing, processing, assembling, storing, testing, and similar industrial uses which are generally major operations and extensive in character; require large sites, open storage and service areas, extensive services and facilities, ready access to regional transportation; and normally generate some nuisances such as smoke, noise, vibration, dust, glare, air pollution, and water pollution, but not beyond the district boundary.

MANUFACTURING, LIGHT: Manufacturing or other industrial uses which are usually controlled operations; relatively clean, quiet, and free of objectionable or hazardous elements such as smoke, noise, odor, or dust; operating and storing within enclosed structures; and generating little industrial traffic and no nuisances.

MOBILE HOME: A structure constructed prior to 1976 transportable in one or more sections which are eight (8) body feet or more in width and is thirty two (32) body feet or more in length, 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 system contained therein.

MOTEL: See definition of Hotel Or Motel And Apartment Hotel.

NOISOME AND INJURIOUS SUBSTANCES, CONDITIONS AND OPERATIONS:

   A.   Creation of unreasonable physical hazard by fire, explosion, radiation or other cause, to persons or property at or beyond the property line of the premises in question.

   B.   Discharge of any liquid or solid waste into any stream or body of water or into any public or private disposal system or into the ground, so as to contaminate any water supply, including underground water supply.

   C.   Maintenance or storage of any material either indoors or outdoors so as to cause or to facilitate the breeding of vermin.

   D.   Emission of smoke, measured at the point of emission, of a denser shade than that specified for the district or which otherwise constitutes an unreasonable hazard to the health, safety or welfare of any persons.

   E.   Fly ash or dust that can cause damage to the health of persons, animals, or plant life or to other forms of property, or excessive soil, measured at or beyond the property line of the premises in question.

   F.   Creation or causation of any unreasonably offensive odors at or beyond any property line of the premises in question.

   G.   Creation or maintenance of any unreasonable reflected or direct glare, by any process, lighting or reflecting material at or beyond any property line of the premises in question.

   H.   Creation or maintenance of any unreasonably distracting or objectionable vibration and/or electrical disturbances at or beyond any property line of the premises in question.

   I.   Any public nuisance.

NONCONFORMING USE: A building, structure or use of land existing at the time of enactment of this title, and which does not conform to the regulations of the district in which it is situated.

NURSERY, FOR CHILDREN: A place, home, or facility providing care for more than five (5) children of preschool age.

NURSING HOME: A home or facility for the care and treatment of more than five (5) elderly people.

OPEN SPACE: An area substantially open to the sky that may be on the same lot with a building. The area may include, along with the natural environmental features, water areas, swimming pools, and tennis courts, any other recreational facilities that the commission deems permissible. Streets, parking areas, structures for habitation, and the like shall not be included.

PARKING SPACE, OFF STREET: Shall consist of an area adequate for parking an automobile with room for opening doors on both sides, together with properly related access to a public street or alley and maneuvering room, but shall be located totally outside of any street or alley right of way.

PERFORMANCE BOND OR SURETY BOND: A financial guarantee by a subdivider or developer with the city in the amount of the estimated construction cost, guaranteeing the completion of physical improvements according to plans and specifications within the time prescribed by the agreement.

PREMISES: A lot together with all the buildings and uses thereon.

PUBLIC SERVICE FACILITY: The erection, construction, alteration, operation, or maintenance of buildings, power plants, or subdisposal or pumping plants and other similar public service structures by a public utility, or by a municipal or other governmental agency, including the furnishing of electrical, gas, communication, public water and sewage services.

PUBLIC USES: Public parks, schools, administrative and cultural buildings and structures, not including public land or buildings devoted solely to the storage and maintenance of equipment and materials and public service facilities.

QUASI-PUBLIC USE: Churches, Sunday schools, parochial schools, colleges, hospitals, and other facilities of an educational, religious, charitable, philanthropic, or nonprofit nature.

RECREATION VEHICLE PARK: A tract of land or land as more fully defined in title 9, chapter 5 of this code.

RECYCLING COLLECTION CENTER: A facility for the collection of recyclable items to include aluminum, tin, plastic, cellophane, paper, cardboard and glass, to be transported to a recycling plant on a frequent and regular basis. No recycling of any product, other than the collection, compaction, building and transportation of said products, shall occur or be permitted at a recycling collection center. No medical or hospital hazardous waste and refuse, or items used in treatment of patients, shall be permitted to be collected or stored at any recycling collection center.

RESTAURANT: Any land, building or part thereof, other than a boarding house, where meals are provided for compensation, including, among others, such uses as cafe, cafeteria, coffee shop, lunchroom, tearoom and dining room.

RIGHT OF WAY: A strip of land taken or dedicated for use as a public way. In addition to the roadway, it normally incorporates the curbs, lawn strips, sidewalks, lighting, and drainage facilities and may include special features (required by the topography or treatment) such as grade separation, landscaped areas, viaducts, and bridges.

SEATS: For purpose of determining the number of off street parking spaces for certain uses, the number of seats is the number of seating units installed or indicated, or each twenty four (24) linear inches of benches, pews, or space for loose chairs.

SETBACK LINE: A line established by this title, generally parallel with and measured from the lot line, defining the limits of a yard in which no building or structure may be located aboveground, except as may be provided in this title.

SIDEWALK: That portion of the road right of way outside the roadway, which is improved for the use of pedestrian traffic.

SIGN: Any device designed to inform or attract the attention of persons, not on the premises on which the sign is located.

SPECIAL USE: A special use permitted within a district, other than a principally permitted use, requiring a conditional use permit and approval of the commission.

STORY: That part of a building between the surface of a floor and the ceiling immediately above it.

STREET: A right of way that provides vehicular and pedestrian access to adjacent properties, the dedication of which has been officially accepted. The term "street" also includes the terms "highway", "thoroughfare", "parkway", "road", "avenue", "boulevard", "lane", "place", and other such terms.

Alley: A minor street providing secondary access at the back or side of a property otherwise abutting a street.

Arterial: A street designated on the comprehensive plan for the purpose of carrying fast and/or heavy traffic.

Collector: A street designated on the comprehensive plan for the purpose of carrying traffic from minor streets to other collector streets and/or arterial streets.

Minor: A street that has the primary purpose of providing access to abutting properties.

Private: A street that is not accepted for public use or maintenance which provides vehicular and pedestrian access.

STRUCTURE: Anything constructed or erected, the use of which requires location on the ground, or attachment to something having a fixed location on the ground. Among other things, structures include buildings, mobile homes, walls, fences and billboards.

SUBSTANTIAL IMPROVEMENT: Any repair, reconstruction, or improvement of a structure, the cost of which equals or exceeds fifty percent (50%) of the market value of the structure, either:

   A.   Before the improvement or repair is started; or

   B.   If the structure has been damaged and is being restored, before the damage occurred. For the purpose of this definition, "substantial improvement" is considered to occur when the first alteration of any wall, ceiling, floor, or other structural part of the building commences, whether or not that alteration affects the external dimensions of the structure.

SUPPLY YARD: A commercial establishment storing and offering for sale building supplies, steel supplies, coal, heavy equipment, feed and grain, and similar goods.

USE: The specific purpose for which land or a building is designated, arranged, intended or for which it is or may be occupied or maintained.

VARIANCE: A modification of the requirements of this title as to lot size, lot coverage, width, depth, front yard, side yard, rear yard, setbacks, parking space, height of buildings, or other ordinance provisions affecting the size or shape of a structure or the size of lots. A variance shall not be considered a right or special privilege, but may be granted to an applicant only upon a showing of undue hardship because of characteristics of the site, that the variance is not in conflict with the public interest and the need for a variance was not caused by any action taken by the current or previous owners.

VETERINARY ANIMAL HOSPITAL OR CLINIC: A place used for the care, grooming, diagnosis, and treatment of sick, ailing, infirm, or injured animals, and those who are in need of medical or surgical attention, and may include overnight accommodations on the premises for the treatment, observation and/or recuperation. It may also include boarding that is incidental to the primary activity.

VICINITY MAP: A drawing which sets forth by dimensions or other means the relationship of the proposed development to other nearby developments or landmarks and community facilities and services within the general area in order to better locate and orient the area in question.

WALKWAY: A public way, four feet (4') or more in width, for pedestrian use only, whether or not along the side of a road.

YARD: A required open space, other than a court, unoccupied and unobstructed by any structure or portion of a structure from three feet (3') above the general ground level of the graded lot upward; provided, that accessories, ornaments, and furniture may be permitted in any yard, subject to height limitations and requirements limiting obstruction of visibility.

Yard, Front: A yard extending between side lot lines across the front of a lot and from the front lot line to the front of the principal building.

Yard, Interior Side: A yard extending from the principal building to the side lot line on both sides of the principal building between the lines establishing the front and rear yards.

Yard, Rear: A yard extending between side lot lines across the rear of a lot and from the rear lot line to the rear of the principal building.

Yard, Street Side: A yard extending from the principal building to the secondary street that adjoins the lot between the lines establishing the front and rear yards. (Ord. 989, 6-4-1996; amd. 2010 Code)