08 - DEFINITIONS
Sections:
For the purpose of this title, certain words and terms used herein are defined as follows: All words used in the present tense include the future tense; all words in the plural number include the singular number; all words in the singular number include the plural number, unless the natural construction of the wording indicates otherwise. The word "shall" is mandatory and not discretionary. Other words and phrases used in this chapter shall have the following meaning:
"Abutting" means the condition of two adjoining properties having a common property line or boundary, including cases where two or more lots adjoin only at corner or corners.
"Access" or "access way" means the place, means or way by which pedestrians and vehicles shall have safe, adequate and usable ingress and egress to a property or use as required by this title.
"Acre" means an area of land containing forty-three thousand five hundred sixty (43,560) square feet.
"Adjoining adjacent" means nearby, but not necessarily touching.
"Adult use marijuana" means all parts of the genus cannabis whether growing or not, as well as the seeds of such plants, the resin extracted from any part of the plant, and every compound, manufacture, salt, derivative, mixture or preparation of the plant or its seeds or resin that were approved pursuant to Proposition 207 for sale and use to persons over the age of 21.
"Agriculture" means the tilling of the soil, raising of crops, horticulture, viticulture, silviculture, including all uses customarily incidental thereto, but not including slaughter houses, fertilizer yards or plants for the reduction of animal matter or any other industrial use which is similarly objectionable because of noise, odor, smoke, dust or fumes.
"Airport" means any area which is used or is intended to be used primarily for the taking off and landing of aircraft, and any appurtenant areas which are used or intended to be used for airport buildings or facilities, including open spaces, taxiways and tie-down areas, hangars, transition and clear zones, and other accessory buildings.
"Alley" means a right-of-way, dedicated to public use, affording a secondary means of access to abutting property and intended for general traffic circulation.
"Amendment" means a change in the wording, context, or substance of this title, or an addition or deletion or a change in the zone district boundaries or classifications of the zoning map.
"Animal hospital" means facilities for the care, treatment and boarding of animals including the term "veterinary clinic."
"Antenna" means a device used in wireless telecommunications which transmits or receives radio or microwave signals. Antenna includes a dish antenna, panel antenna, or whip antenna. An antenna not specifically described herein shall be regulated in conformity with the type of antenna described herein which most closely resembles such antenna.
"Antique" means a product that is sold or exchanged because of value derived, because of oldness as respects the present age, and not simply because same is not a new product.
"Appeal" means an action which permits anyone to arrange for a hearing from other than the individual or group from whose decision the appellant seeks redress.
"Automobile repair" means all aspects of the repair of motor vehicles, including, but not limited to, lubrication, tune-up and preventative maintenance.
Automobile Sales, New. "New automobile sales" means a franchised agency selling new motor vehicles and providing services commonly associated with motor vehicle sales. A new automobile dealership may include the sale of used motor vehicles.
Automobile Sales, Used. "Used automobile sales" means an agency selling used motor vehicles not in conjunction with and on the same site as a new motor vehicle franchise and providing services commonly associated with motor vehicle sales.
"Bar" or "cocktail lounge" means an establishment whose primary business is the serving of alcoholic beverages to the public for consumption on the premises.
"Base station" means a structure or equipment at a fixed location that enables FCC-licensed or authorized wireless communications between user equipment and a communications network. The term does not encompass a tower as defined herein or any equipment associated with a tower. Base Station includes, without limitation: (i) equipment associated with wireless communications services such as private, broadcast, and public safety services, as well as unlicensed wireless services and fixed wireless services such as microwave backhaul, (ii) radio transceivers, antennas, coaxial or fiber-optic cable, regular and backup power supplies, and comparable equipment, regardless of technological configuration (including Distributed Antenna Systems ("DAS") and small-cell networks), and (iii) any structure other than a tower that, at the time the application is filed with the town under Section 12.28.230, supports or houses equipment described in paragraphs (i) and (ii) above that has been reviewed and approved under the town's zoning or siting process, or under another state or local regulatory review process, even if the structure was not built for the sole or primary purpose of providing that support.
Board of Adjustment. (See Chapter 17.16).
"Building" means a structure having one or more stories and a roof, designed primarily for the shelter, support or enclosure of persons, animals or property of any kind. This shall not include dog houses, play houses or similar structures.
Building, Accessory. "Accessory building" means a building or structure which is subordinate to, and the use of which is customarily incidental to that of the main building, structure or use on the same lot or parcel.
"Building area" means the total area, taken on a horizontal plane at the mean grade level, of the principal buildings and all accessory buildings, exclusive of uncovered porches, terraces and steps.
Building, Attached. "Attached building" means a building which has at least part of a wall in common with another building, or which is connected to another building by a roof.
Building, Detached. "Detached building" means a building which is separated from another building or buildings on the same lot.
Building, Height of. "Height of building" means the vertical distance measured from the average grade level to the highest level of the roof surface of flat roofs, to the deck line of mansard roofs, or the mean height between eaves and ridges for gable, gambrel, shed or hip roofs. In the event that terrain problems prevent an accurate determination of heights, the zoning administrator shall rule as to height and appeal for that decision shall be to the board of adjustment.
Building, Main. "Main building" means a building or buildings in which is conducted the principal use of the lot on which it is situated. In any residential district, any dwelling shall be deemed to be the main building of the lot on which the same is situated.
"Building permit" means a permit required for the erection, construction, modification, addition to or moving of any building, structure or use in the incorporated area of the town.
"Building setback" means the minimum distance as prescribed by this title between any property line and the closest point of the foundation or any supporting post or pillar or any building or structure related thereto. (See "yard, front, side and rear").
"Campground" means any lot, parcel or tract of land used, designed, maintained and intended for rent of plots or sites, to accommodate temporary camping by the traveling public, with or without sanitary facilities and water, whether or not a charge is made for the use of the park and its facilities.
"Cemetery" means land used or intended to be used for the burial of the dead, and dedicated for such purposes, including columbariums, crematoriums, mausoleums and mortuaries when operated in conjunction with and within the boundaries of such premises.
"Church" means a permanently located building commonly used for religious worship fully enclosed with walls, but including windows and doors, and having a structurally solid and sound roof.
"Clinic" means a place for the provisions of group medical services, not involving overnight housing of patients.
"Collocation" means the mounting or installation of transmission equipment on an eligible support structure for the purpose of transmitting and/or receiving radio frequency signals for communications purposes.
"Commission" means the town of Springerville planning and zoning commission. (See Chapter 17.12.)
"Contiguous" means in actual contact.
"Convalescent home" means the same as "nursing home."
"Council" means the Springerville town council.
"County" means Apache County, Arizona.
Day Care. See "school, nursery."
"Drive-in restaurant" means any establishment where food or beverages are dispensed and may be consumed on the premises, but outside a closed building.
"Drive-in theater" means an open air theater where the performance is viewed by all or part of the audience from motor vehicles.
Dwelling, Multiple-Family. "Multiple-family dwelling" means a building designed exclusively for occupancy by or occupied by two or more families living independently of each other.
Dwelling, Single-Family. "Single-family dwelling" means a detached dwelling unit designed exclusively for occupancy by or occupied by one family for residential purposes.
"Dwelling unit" means a single unit providing complete, independent living facilities for one or more persons, including permanent provisions for living, sleeping, eating, cooking and sanitation.
"Easement" means a space on a lot or parcel of land reserved or used for location and/or access to utilities, drainage or other physical access purposes.
"Eligible facilities request" means any request for modification of an existing tower or base station that does not substantially change the physical dimensions of such tower or base station, involving: (i) collocation of new transmission equipment, (ii) removal of transmission equipment, or (iii) replacement of transmission equipment.
"Eligible support structure" means any tower or base station, provided that it is existing at the time the relevant application is filed with the town under Section 12.28.230.
"Erect" means and includes built, built upon, added to, altered, constructed, reconstructed, moved upon or any physical operations on the land, required for a building.
"Existing" means a constructed tower or base station is existing for purposes of Section 12.28.230 if it has been reviewed and approved under the town's zoning or siting process, or under another state or local regulatory review process, provided that a tower that has not been reviewed and reviewed because it was not in a zoned area when it was built, but was lawfully constructed, is existing for purposes of Section 12.28.230.
"Factory built housing" means any structure designed for residential use, which is wholly or in substantial part, made, fabricated, formed or assembled in manufacturing facilities for installation or assembly and installation, on a building site. For the purpose of this chapter, factory built homes include mobilehomes, manufactured homes and modular homes and also include park trailers, travel trailers and other similar vehicles placed on a site for greater than one hundred eighty (180) consecutive days.
"Family" means any individual, or two or more persons related by blood or marriage, or a group of persons not related by blood or marriage, living together as a single housekeeping group in a dwelling unit.
"Farming" means the same as "Agriculture."
"Fence" means any device built to enclose a parcel of land, to separate two parcels of land, or to separate a parcel of land into different use areas.
"Private garage" means a building or portion thereof, used for the shelter or storage of self-propelled vehicles or owned or operated by the occupants of a main building wherein there is no service or storage for compensation.
"Public garage" means any building except as herein defined as a private garage used for the storage, care or repair of self-propelled vehicles or where any vehicles are equipped for operation or kept for hire.
"Guest house" means living or sleeping quarters within an accessory building for the sole use of occupants of the premises, or guests of such occupants. Such quarters shall not be rented, and/or otherwise used for income purposes.
"Home occupation" means any occupation or profession which is incidental and subordinate to the use of the dwelling unit for dwelling purposes and which does not change the character thereof and in conjunction with residing in the dwelling unit. (See Section 17.28.090.)
"Hospital" means a place for the treatment or care of human ailments, where overnight lodging for patients is provided.
"Hotel" means a building in which lodging is provided and offered to the public for compensation and which is open to transient guests.
"Junk yard" means any land or building used for the abandonment, storage, keeping, collecting or bailing of paper, rags, scrap metals, other scrap or discarded materials, or for the abandonment, demolition, dismantling storage or salvaging of automobiles or other vehicles not in running condition, or machinery or pads thereof.
"Kennel" means any premises where five or more dogs or cats are bred, boarded and/or trained.
"Lot" means a legally created parcel of land.
"Lot area" means the total horizontal area within the lot lines of a lot.
"Lot coverage" means that portion of a lot or building site which is occupied by any building or structure, excepting paved areas, walks and swimming pools.
"Lot depth" means the horizontal length of a straight line connecting the midpoints of the front and rear lot lines.
"Lot frontage" means the horizontal length of the front lot line.
"Lot line" means the line bounding a lot.
Lot Line, Front. "Front lot line" means, in the case of an interior lot, a line separating the lot from the street, and in the case of a corner lot, the line separating the narrowest street frontage of the lot from the street.
Lot line, rear. "Rear lot line" means a lot line which is opposite and most distant from the front lot line.
Lot line, side. "Side lot line" means those lot lines connecting the front and rear lot lines.
Lot width, average. "Average lot width" means the distance between side lot lines measured thirty (30) feet behind the required minimum front yard line parallel to the street or street chord.
"Manufactured home" means a dwelling unit, factory built and factory assembled, bearing a label ("red tag") certifying it is constructed in compliance with the Federal Manufactured Housing Construction and Safety Standards Act of 1974 (the HUD code, which became effective on June 15, 1976), designed for conveyance after fabrication, on streets and highways on its own wheels or on flatbed or other trailers, and arriving at the site where it is to be occupied as a dwelling unit complete and ready for occupancy, except for minor and incidental unpacking and assembly operations such as locating on blocks, permanent visible foundation and connection to utilities.
"Medical marijuana" means all parts of the genus cannabis whether growing or not, as well as the seeds of such plants, the resin extracted from any part of the plant, and every compound, manufacture, salt, derivative, mixture or preparation of the plant or its seeds or resin, that may be administered to treat or alleviate a qualifying patient's debilitating medical condition or symptoms associated with the patient's medical condition.
"Medical marijuana cultivation" means the process by which a person grows a marijuana plant. A facility shall mean a building, structure or premises used for the cultivation or storage of medical marijuana this is physically separate and off-site from a medical marijuana dispensary.
"Medical marijuana dispensary" means a not-for-profit entity that acquires, possesses, cultivates, manufactures, delivers, transfers, transports, supplies, sells or dispenses marijuana or related supplies and educational materials to medical marijuana cardholders.
"Medical marijuana manufacturing facility" means a facility that incorporates medical marijuana (cannabis) by means of cooking, blending, or incorporation into consumable/edible goods.
"Medical marijuana qualifying patient" means a person who has been diagnosed by za physician as having a debilitating medical condition as defined by A.R.S. 36-2801.15.
"Mobile/manufactured home park" means any lot, parcel or tract of land designed, maintained, used and intended for rent or lease of individual lots or sites to accommodate one or more mobile/manufactured home including all buildings, structures, vehicles, accessory buildings and appurtenances to be used in connection therewith, whether or not a charge is made for the use of the site or the use of its facilities. A mobile/manufactured home park does not include lots upon which unoccupied mobile/manufactured homes or unoccupied travel, or commercial trailers are parked for display, inspection and sale.
"Mobile home" means a transportable structure suitable for year-round single-family occupancy and having water, electrical, sewage connections similar to those of conventional dwellings. This definition applies only to units constructed prior to June 15, 1976. Compare with manufactured home.
"Modular home" means a dwelling unit fabricated, either wholly or partially, offsite that is transported to the site and assembled on a conventional home foundation, bearing a label ("blue tag") certifying it is constructed in compliance with the town of Springerville Building Code.
"Motel" means a building or group of buildings containing guest rooms or apartments, each of which maintains a separate outside entrance, used primarily for the accommodation of motorists, and providing automobile parking spaces on the premises.
"Nonconforming structure" means a structure which was lawfully erected prior to the adoption of the ordinance codified in this title, but which under this title, does not conform with the standards of lot coverage, yard spaces, height of structures, distance between structures or other standards prescribed in the regulations of the district in which the structure is located. (See Chapter 17.96.)
"Nonconforming use" means a use of a structure or land which was lawfully established and maintained prior to the adoption of the ordinance codified in this title, but which under this title, does not conform to the use regulations for the district in which it is located. (See Chapter 17.96.)
"Nuisance" means any thing, condition or use of property which endangers life or health, gives offense to the senses and/or obstructs the reasonable and comfortable use of other property.
"Nursing home" means a structure operated as a lodging house in which nursing, dietary and other personal services are rendered to convalescents, not including persons suffering from contagious diseases, and in which surgery is not performed, and primary treatment such as customarily is given in hospitals and sanitariums, is not provided. A convalescent home shall be deemed a nursing home.
"Nursery" means a commercial operation for the growth and sale of plants, storage of equipment for landscaping and the wholesale or retail sale of commercial gardening supplies.
"Office" means a room or rooms and accessory facilities for the managing or conducting of a business.
"Off-street parking and loading facilities" means a site or a portion of a site devoted to the off-street parking and loading of motor vehicles, including parking spaces, aisles and access drives. (See Chapter 17.104.)
"Park" means a public or private parcel of land developed and used for passive or active recreation.
"Parking area" means an area designed and constructed and used exclusively for the parking, storage and maneuvering of vehicles. (See Chapter 17.104.)
"Professional office" means any building, structure, or portion thereof used or intended to be used as an office for a lawyer, architect, engineer, surveyor, planner, optometrist, accountant, doctor, dentist or other similar professions.
"Public building" means facilities for conducting public business by various public agencies, including federal, state, county offices and buildings.
"Public hearing" means hearings held as required by law.
"Public utility" means private or public facilities for distribution of various services such as water, power, gas, communication, etc., to the public.
"Recreation facilities" means and includes buildings, structures or areas built or developed for purposes of entertaining, exercising or observing various activities participated in either actively or passively by individuals or organized groups.
"Recreational vehicle" means a vehicular type unit designed primarily as temporary living quarters for recreational, camping or travel use, which either has its own motive power or is mounted on or drawn by another vehicle. This includes motor homes, travel trailers and campers.
"Recreational vehicle park" means facilities for the temporary storage, parking and maneuvering of recreational vehicles (motor homes, travel trailers, campers, etc.) with adequate roads and stall sites, including sanitary and water facilities. Site locations are provided on a day-to-day basis. Does not constitute a mobile/manufactured home park.
"Restaurant" means an establishment which serves food or beverages only to persons seated within the building. This includes cafes, tea rooms and similar establishments.
"Retail store" means a commercial business for selling goods, services, wares or merchandise directly to the customer.
"Right-of-way" means and includes any public or private right-of-way and includes any area required for public use pursuant to any official plan.
School, Elementary, Junior High, High School. "Elementary school, junior high school and high school" means public and other nonprofit institutions, conducting regular academic instruction at kindergarten, elementary and secondary levels. Such institutions shall offer general academic instructions equivalent to the standards prescribed by the State Board of Education.
School, Nursery. "Nursery school" means a school or the use of a site or a portion of a site for an organized program devoted to the education or day care of five or more children of elementary school age or younger, other than those residents on the site. Includes "day care center."
School, Private or Parochial. "Private or parochial school" means an institution conducting regular academic instruction at kindergarten, elementary and secondary levels operated by a non-governmental organization.
School, Trade. "Trade school" means schools offering instruction in the technical, commercial or trade skills, such as real estate schools, business colleges, electronic schools, automotive and aircraft technician schools and similar commercial establishments operated by a nongovernmental organization.
"Service station" means an occupancy engaged in the retail sales of gasoline, oil, tires, batteries and new accessories and which provides for the servicing of motor vehicles and operations incidental thereto, including automobile washing, waxing and polishing, tire changing and repairing, but not including recapping. May also include battery service, radiator cleaning, flushing and repair, installation of minor accessories, lubrication of motor vehicles, rental of utility trailers, testing, adjustment and replacement of motor parts and accessories.
"Shopping center" means a group of three or more commercial establishments associated by common agreement or under common ownership which compromises contiguous land parcel unit with common parking facilities.
"Sign" means any identification, description, illustration or device which is affixed directly or indirectly upon a building, structure or land which directs attention to a product, place, activity, person, institution or business and which is visible from any public street, waterway, alley or public place, and shall include banners and similar services. A vehicle mounted sign on a vehicle that is habitually parked or stationed at the sight of a business and serves to advertise or identify the business, shall be construed as a sign for the purpose of this title. National flags and flags of political subdivisions shall not be construed as signs.
"Site" means for towers other than towers in the public rights-of-way, the current boundaries of the leased or owned property surrounding the tower and any access or utility easements currently related to the site, and, for other eligible support structures, further restricted to that area in proximity to the structure and to other transmission equipment already deployed on the ground.
"Stable" means a detached accessory structure including, but not limited to, a corral or paddock for the keeping of one or more horses owned by the occupants of the premises and which are not kept for remuneration, hire or sale.
Stable, Commercial. "Commercial stable" means a structure including, but not limited to, a corral or paddock for the keeping of horses for remuneration, or for sale.
"Street" means a right-of-way dedicated to public use, which provides the principal vehicular and pedestrian access to adjacent properties.
"Street line" means the boundary line between street right-of-way and abutting property.
"Structure" means anything constructed or erected which requires a fixed location on the ground, including a building, but not including a fence or wall used as a fence.
"Subdivision" means improved or unimproved land or lands divided for the purpose of financing, sale or lease, whether immediate or future, into four or more lots, tracts or parcels of land, or if a new street is involved, any such property which is divided into two or more lots, tracts or parcels of land or any such property, the boundaries of which have been fixed by a recorded plat, which is divided into more than two parts. "Subdivision" also includes any condominium, cooperative, community apartment, townhouse or similar project containing five or more parcels, in which an undivided interest in the land is coupled with the right of exclusive occupancy of any unit located thereon, but plats of such projects need not show the buildings or the manner in which the buildings or airspace above the property shown on the plat are to be divided.
"Substantial change" measn a modification substantially changes the physical dimensions of an eligible support structure if it meets any of the following criteria:
(i)
for towers other than towers in the public rights-of-way, it increases the height of the tower by more than ten percent or by the height of one additional antenna array with separation from the nearest existing antenna not to exceed twenty (20) feet measured from the bottom of the additional antenna, whichever is greater; for other eligible support structures, it increases the height of the structure by more than ten percent or more than ten feet, whichever is greater.
(ii)
for towers other than towers in the public rights-of-way, it involves adding an appurtenance to the body of the tower that would protrude from the edge of the tower more than twenty (20) feet, or more than the width of the tower structure at the level of the appurtenance, whichever is greater; for other eligible support structures, it involves adding an appurtenance to the body of the structure that would protrude from the edge of the structure by more than six feet.
(iii)
for any eligible support structure, it involves installation of more than the standard number of new equipment cabinets for the technology involved, but not to exceed four cabinets; or, for towers in the public rights-of-way and base stations, it involves installation of any new equipment cabinets on the ground if there are no pre-existing ground cabinets associated with the structure, or else involves installation of ground cabinets that are more than ten percent larger in height or overall volume than any other ground cabinets associated with the structure. "Equipment cabinet" does not include small pieces of equipment such as remote radio heads/remote radio units, amplifiers, transceivers mounted behind antennas, and similar devices if they are not used as physical if they are not used as physical container for smaller, distinct devices.
(iv)
it entails any excavation or deployment outside the current site.
(v)
it would defeat the concealment elements of the eligible support structure. In order for a modification to be substantial, the proposed modification must cause a reasonable person to view the intended stealth deign as no longer effective after the modification. The original approval of the stealth design must explicitly state that the stealth elements are conditions of that approval.
(vi)
it does not comply with conditions associated with the siting approval of the construction or modification of the eligible support structure or base station equipment, provided however that this limitation does not apply to any modification that is non-compliant only in a manner that would not exceed the thresholds identified in paragraphs (i)—(iv) above.
"Swimming pool" means any permanent structure containing or intended to contain water for recreational uses including wading pools.
"Tower" means any structure built for the sole or primary purpose of supporting any FCC-licensed or authorized antennas and their associated facilities, such as transmitting towers and wireless facilities.
"Transmission equipment" means equipment that facilitates transmission for any FCC-licensed or authorized wireless communication service, including, but not limited to, radio transceivers, antennas, coaxial or fiber-optic cable, and regular and backup power supply. The term includes equipment associated with wireless communications services including, but not limited to, private, broadcast, and public safety services, as well as unlicensed wireless services and fixed wireless services such as microwave backhaul.
"Transmitting tower" means an unmanned structure that transmits or receives communications by electromagnetic or optical means, such as a radio antenna, television antenna, radar station, or microwave tower, but excluding wireless facilities.
"Travel trailer" means a portable structure without motive power with wheels built on a chassis, designed as a temporary dwelling for travel, recreation and vacation purposes, having a body width eight feet and a body length not exceeding thirty-two (32) feet.
"Use" means the purpose for which a site or structure is arranged, designed, intended, constructed, moved, erected, altered or enlarged or for which either a site or structure is or may be occupied and maintained.
Use, Accessory. "Accessory use" means a use which is incidental, related, appropriate and clearly subordinate to the principal use of the lot or building, and which does not alter the principal use of the lot or building.
Use, Conditional. "Conditional use" means a use which is listed as a "conditional use" in any given zoning district. Such use shall require a conditional use permit in order to establish within that zone district, and shall be subject to all conditions and requirements imposed by the planning and zoning commission in connection with the conditional use permit.
Use, Permitted. "Permitted use" means a use which is listed as a "permitted use" in any given zone district. Such use shall be allowed to establish within that zone district subject to the specific requirements of this title.
Variance. (See Chapter 17.92.)
"Warehouse" means a building or buildings used for the storage of goods.
"Wireless Communications facility" or "wireless facility" means a facility used exclusively for the transmission and reception of radio or microwave signals used for commercial communications. A wireless communication facility is generally composed of the following components: At least one antenna; a support structure, which may be a tower or which may be a structure (such as, without limitation, a building or a light pole) constructed primarily for purposes other than supporting an antenna; and, in some cases, an equipment building.
"Wireless facility, alternative structure" means a wireless facility that is either: (a) virtually invisible to the casual observer, such as an antenna behind louvers on a building, or located inside a clock tower, steeple, or similar structure; or (b) camouflaged with stealth design to blend in with surroundings to the extent that it is indistinguishable by the casual observer from the structure on which it is placed or the surroundings in which it is located, such as structures commonly referred to as "mono-palms," "mono-pines" or "flag pole" designs. Other stealth designs may be available subject to approval by the town manager.
"Wireless facility, freestanding" means a self-supported structure, including monopoles, lattice towers, guyed wireless facilities and alternative structures, designed for use as a wireless facility.
"Wireless facility, guyed" means a wireless facility that is supported by the use of cables (guy wires) that are permanently anchored to the ground and designed to support wireless antennas. Guyed wireless facilities shall not be considered alternative structures.
"Wireless facility, lattice tower" means a tower that is self-supporting with multiple legs and cross bracing of structural steel and that is designed to support wireless facilities. Lattice wireless facilities shall not be considered alternative structures.
"Wireless facility, monopole" means A single, upright pole, engineered to be self-supporting and requiring no guy wires or lateral cross-members, that is designed to support wireless antennas. Monopoles are not alternative structures.
"Wireless facility, small" has the same definition as in the Wireless Facilities in Right-of-Way Standard Terms and Conditions adopted pursuant to Section 12.04.050 of the Town code.
"Wireless facility, structure-mounted" means a wireless facility that is located on an existing non-residential building.
"Wholesale" means the sale of goods or materials for the purpose of resale.
"Yard" means the open and unoccupied space on a lot or parcel which is required by this title.
Yard, Front. "Front yard" means a yard, extending across the full width of the lot, the depth of which is the minimum horizontal distance between the front lot line and a line parallel thereto.
Yard, Rear. "Rear yard" means a yard, extending across the full width of the lot, the depth of which is the minimum horizontal distance between the rear lot line and a line parallel thereto.
Yard, Side. "Side yard" means a yard, the width of which is the minimum required horizontal distance between the side lot line and a line parallel to it on the lot, not including any portion of required front yard or required rear yard.
"Zone" means a district classification established by this title which limits or permits various and specific uses.
"Zoning administrator" means the official responsible for the enforcement of this title.
(Ord. 2007-004 § 1 (part))
(Ord. No. 2011-002, 4-6-11; Ord. No. 2020-007, § 1.2, 12-16-2020; Ord. No. 2022-003, § I, 6-15-2022; Ord. No. 2022-007, 2-15-2023)
08 - DEFINITIONS
Sections:
For the purpose of this title, certain words and terms used herein are defined as follows: All words used in the present tense include the future tense; all words in the plural number include the singular number; all words in the singular number include the plural number, unless the natural construction of the wording indicates otherwise. The word "shall" is mandatory and not discretionary. Other words and phrases used in this chapter shall have the following meaning:
"Abutting" means the condition of two adjoining properties having a common property line or boundary, including cases where two or more lots adjoin only at corner or corners.
"Access" or "access way" means the place, means or way by which pedestrians and vehicles shall have safe, adequate and usable ingress and egress to a property or use as required by this title.
"Acre" means an area of land containing forty-three thousand five hundred sixty (43,560) square feet.
"Adjoining adjacent" means nearby, but not necessarily touching.
"Adult use marijuana" means all parts of the genus cannabis whether growing or not, as well as the seeds of such plants, the resin extracted from any part of the plant, and every compound, manufacture, salt, derivative, mixture or preparation of the plant or its seeds or resin that were approved pursuant to Proposition 207 for sale and use to persons over the age of 21.
"Agriculture" means the tilling of the soil, raising of crops, horticulture, viticulture, silviculture, including all uses customarily incidental thereto, but not including slaughter houses, fertilizer yards or plants for the reduction of animal matter or any other industrial use which is similarly objectionable because of noise, odor, smoke, dust or fumes.
"Airport" means any area which is used or is intended to be used primarily for the taking off and landing of aircraft, and any appurtenant areas which are used or intended to be used for airport buildings or facilities, including open spaces, taxiways and tie-down areas, hangars, transition and clear zones, and other accessory buildings.
"Alley" means a right-of-way, dedicated to public use, affording a secondary means of access to abutting property and intended for general traffic circulation.
"Amendment" means a change in the wording, context, or substance of this title, or an addition or deletion or a change in the zone district boundaries or classifications of the zoning map.
"Animal hospital" means facilities for the care, treatment and boarding of animals including the term "veterinary clinic."
"Antenna" means a device used in wireless telecommunications which transmits or receives radio or microwave signals. Antenna includes a dish antenna, panel antenna, or whip antenna. An antenna not specifically described herein shall be regulated in conformity with the type of antenna described herein which most closely resembles such antenna.
"Antique" means a product that is sold or exchanged because of value derived, because of oldness as respects the present age, and not simply because same is not a new product.
"Appeal" means an action which permits anyone to arrange for a hearing from other than the individual or group from whose decision the appellant seeks redress.
"Automobile repair" means all aspects of the repair of motor vehicles, including, but not limited to, lubrication, tune-up and preventative maintenance.
Automobile Sales, New. "New automobile sales" means a franchised agency selling new motor vehicles and providing services commonly associated with motor vehicle sales. A new automobile dealership may include the sale of used motor vehicles.
Automobile Sales, Used. "Used automobile sales" means an agency selling used motor vehicles not in conjunction with and on the same site as a new motor vehicle franchise and providing services commonly associated with motor vehicle sales.
"Bar" or "cocktail lounge" means an establishment whose primary business is the serving of alcoholic beverages to the public for consumption on the premises.
"Base station" means a structure or equipment at a fixed location that enables FCC-licensed or authorized wireless communications between user equipment and a communications network. The term does not encompass a tower as defined herein or any equipment associated with a tower. Base Station includes, without limitation: (i) equipment associated with wireless communications services such as private, broadcast, and public safety services, as well as unlicensed wireless services and fixed wireless services such as microwave backhaul, (ii) radio transceivers, antennas, coaxial or fiber-optic cable, regular and backup power supplies, and comparable equipment, regardless of technological configuration (including Distributed Antenna Systems ("DAS") and small-cell networks), and (iii) any structure other than a tower that, at the time the application is filed with the town under Section 12.28.230, supports or houses equipment described in paragraphs (i) and (ii) above that has been reviewed and approved under the town's zoning or siting process, or under another state or local regulatory review process, even if the structure was not built for the sole or primary purpose of providing that support.
Board of Adjustment. (See Chapter 17.16).
"Building" means a structure having one or more stories and a roof, designed primarily for the shelter, support or enclosure of persons, animals or property of any kind. This shall not include dog houses, play houses or similar structures.
Building, Accessory. "Accessory building" means a building or structure which is subordinate to, and the use of which is customarily incidental to that of the main building, structure or use on the same lot or parcel.
"Building area" means the total area, taken on a horizontal plane at the mean grade level, of the principal buildings and all accessory buildings, exclusive of uncovered porches, terraces and steps.
Building, Attached. "Attached building" means a building which has at least part of a wall in common with another building, or which is connected to another building by a roof.
Building, Detached. "Detached building" means a building which is separated from another building or buildings on the same lot.
Building, Height of. "Height of building" means the vertical distance measured from the average grade level to the highest level of the roof surface of flat roofs, to the deck line of mansard roofs, or the mean height between eaves and ridges for gable, gambrel, shed or hip roofs. In the event that terrain problems prevent an accurate determination of heights, the zoning administrator shall rule as to height and appeal for that decision shall be to the board of adjustment.
Building, Main. "Main building" means a building or buildings in which is conducted the principal use of the lot on which it is situated. In any residential district, any dwelling shall be deemed to be the main building of the lot on which the same is situated.
"Building permit" means a permit required for the erection, construction, modification, addition to or moving of any building, structure or use in the incorporated area of the town.
"Building setback" means the minimum distance as prescribed by this title between any property line and the closest point of the foundation or any supporting post or pillar or any building or structure related thereto. (See "yard, front, side and rear").
"Campground" means any lot, parcel or tract of land used, designed, maintained and intended for rent of plots or sites, to accommodate temporary camping by the traveling public, with or without sanitary facilities and water, whether or not a charge is made for the use of the park and its facilities.
"Cemetery" means land used or intended to be used for the burial of the dead, and dedicated for such purposes, including columbariums, crematoriums, mausoleums and mortuaries when operated in conjunction with and within the boundaries of such premises.
"Church" means a permanently located building commonly used for religious worship fully enclosed with walls, but including windows and doors, and having a structurally solid and sound roof.
"Clinic" means a place for the provisions of group medical services, not involving overnight housing of patients.
"Collocation" means the mounting or installation of transmission equipment on an eligible support structure for the purpose of transmitting and/or receiving radio frequency signals for communications purposes.
"Commission" means the town of Springerville planning and zoning commission. (See Chapter 17.12.)
"Contiguous" means in actual contact.
"Convalescent home" means the same as "nursing home."
"Council" means the Springerville town council.
"County" means Apache County, Arizona.
Day Care. See "school, nursery."
"Drive-in restaurant" means any establishment where food or beverages are dispensed and may be consumed on the premises, but outside a closed building.
"Drive-in theater" means an open air theater where the performance is viewed by all or part of the audience from motor vehicles.
Dwelling, Multiple-Family. "Multiple-family dwelling" means a building designed exclusively for occupancy by or occupied by two or more families living independently of each other.
Dwelling, Single-Family. "Single-family dwelling" means a detached dwelling unit designed exclusively for occupancy by or occupied by one family for residential purposes.
"Dwelling unit" means a single unit providing complete, independent living facilities for one or more persons, including permanent provisions for living, sleeping, eating, cooking and sanitation.
"Easement" means a space on a lot or parcel of land reserved or used for location and/or access to utilities, drainage or other physical access purposes.
"Eligible facilities request" means any request for modification of an existing tower or base station that does not substantially change the physical dimensions of such tower or base station, involving: (i) collocation of new transmission equipment, (ii) removal of transmission equipment, or (iii) replacement of transmission equipment.
"Eligible support structure" means any tower or base station, provided that it is existing at the time the relevant application is filed with the town under Section 12.28.230.
"Erect" means and includes built, built upon, added to, altered, constructed, reconstructed, moved upon or any physical operations on the land, required for a building.
"Existing" means a constructed tower or base station is existing for purposes of Section 12.28.230 if it has been reviewed and approved under the town's zoning or siting process, or under another state or local regulatory review process, provided that a tower that has not been reviewed and reviewed because it was not in a zoned area when it was built, but was lawfully constructed, is existing for purposes of Section 12.28.230.
"Factory built housing" means any structure designed for residential use, which is wholly or in substantial part, made, fabricated, formed or assembled in manufacturing facilities for installation or assembly and installation, on a building site. For the purpose of this chapter, factory built homes include mobilehomes, manufactured homes and modular homes and also include park trailers, travel trailers and other similar vehicles placed on a site for greater than one hundred eighty (180) consecutive days.
"Family" means any individual, or two or more persons related by blood or marriage, or a group of persons not related by blood or marriage, living together as a single housekeeping group in a dwelling unit.
"Farming" means the same as "Agriculture."
"Fence" means any device built to enclose a parcel of land, to separate two parcels of land, or to separate a parcel of land into different use areas.
"Private garage" means a building or portion thereof, used for the shelter or storage of self-propelled vehicles or owned or operated by the occupants of a main building wherein there is no service or storage for compensation.
"Public garage" means any building except as herein defined as a private garage used for the storage, care or repair of self-propelled vehicles or where any vehicles are equipped for operation or kept for hire.
"Guest house" means living or sleeping quarters within an accessory building for the sole use of occupants of the premises, or guests of such occupants. Such quarters shall not be rented, and/or otherwise used for income purposes.
"Home occupation" means any occupation or profession which is incidental and subordinate to the use of the dwelling unit for dwelling purposes and which does not change the character thereof and in conjunction with residing in the dwelling unit. (See Section 17.28.090.)
"Hospital" means a place for the treatment or care of human ailments, where overnight lodging for patients is provided.
"Hotel" means a building in which lodging is provided and offered to the public for compensation and which is open to transient guests.
"Junk yard" means any land or building used for the abandonment, storage, keeping, collecting or bailing of paper, rags, scrap metals, other scrap or discarded materials, or for the abandonment, demolition, dismantling storage or salvaging of automobiles or other vehicles not in running condition, or machinery or pads thereof.
"Kennel" means any premises where five or more dogs or cats are bred, boarded and/or trained.
"Lot" means a legally created parcel of land.
"Lot area" means the total horizontal area within the lot lines of a lot.
"Lot coverage" means that portion of a lot or building site which is occupied by any building or structure, excepting paved areas, walks and swimming pools.
"Lot depth" means the horizontal length of a straight line connecting the midpoints of the front and rear lot lines.
"Lot frontage" means the horizontal length of the front lot line.
"Lot line" means the line bounding a lot.
Lot Line, Front. "Front lot line" means, in the case of an interior lot, a line separating the lot from the street, and in the case of a corner lot, the line separating the narrowest street frontage of the lot from the street.
Lot line, rear. "Rear lot line" means a lot line which is opposite and most distant from the front lot line.
Lot line, side. "Side lot line" means those lot lines connecting the front and rear lot lines.
Lot width, average. "Average lot width" means the distance between side lot lines measured thirty (30) feet behind the required minimum front yard line parallel to the street or street chord.
"Manufactured home" means a dwelling unit, factory built and factory assembled, bearing a label ("red tag") certifying it is constructed in compliance with the Federal Manufactured Housing Construction and Safety Standards Act of 1974 (the HUD code, which became effective on June 15, 1976), designed for conveyance after fabrication, on streets and highways on its own wheels or on flatbed or other trailers, and arriving at the site where it is to be occupied as a dwelling unit complete and ready for occupancy, except for minor and incidental unpacking and assembly operations such as locating on blocks, permanent visible foundation and connection to utilities.
"Medical marijuana" means all parts of the genus cannabis whether growing or not, as well as the seeds of such plants, the resin extracted from any part of the plant, and every compound, manufacture, salt, derivative, mixture or preparation of the plant or its seeds or resin, that may be administered to treat or alleviate a qualifying patient's debilitating medical condition or symptoms associated with the patient's medical condition.
"Medical marijuana cultivation" means the process by which a person grows a marijuana plant. A facility shall mean a building, structure or premises used for the cultivation or storage of medical marijuana this is physically separate and off-site from a medical marijuana dispensary.
"Medical marijuana dispensary" means a not-for-profit entity that acquires, possesses, cultivates, manufactures, delivers, transfers, transports, supplies, sells or dispenses marijuana or related supplies and educational materials to medical marijuana cardholders.
"Medical marijuana manufacturing facility" means a facility that incorporates medical marijuana (cannabis) by means of cooking, blending, or incorporation into consumable/edible goods.
"Medical marijuana qualifying patient" means a person who has been diagnosed by za physician as having a debilitating medical condition as defined by A.R.S. 36-2801.15.
"Mobile/manufactured home park" means any lot, parcel or tract of land designed, maintained, used and intended for rent or lease of individual lots or sites to accommodate one or more mobile/manufactured home including all buildings, structures, vehicles, accessory buildings and appurtenances to be used in connection therewith, whether or not a charge is made for the use of the site or the use of its facilities. A mobile/manufactured home park does not include lots upon which unoccupied mobile/manufactured homes or unoccupied travel, or commercial trailers are parked for display, inspection and sale.
"Mobile home" means a transportable structure suitable for year-round single-family occupancy and having water, electrical, sewage connections similar to those of conventional dwellings. This definition applies only to units constructed prior to June 15, 1976. Compare with manufactured home.
"Modular home" means a dwelling unit fabricated, either wholly or partially, offsite that is transported to the site and assembled on a conventional home foundation, bearing a label ("blue tag") certifying it is constructed in compliance with the town of Springerville Building Code.
"Motel" means a building or group of buildings containing guest rooms or apartments, each of which maintains a separate outside entrance, used primarily for the accommodation of motorists, and providing automobile parking spaces on the premises.
"Nonconforming structure" means a structure which was lawfully erected prior to the adoption of the ordinance codified in this title, but which under this title, does not conform with the standards of lot coverage, yard spaces, height of structures, distance between structures or other standards prescribed in the regulations of the district in which the structure is located. (See Chapter 17.96.)
"Nonconforming use" means a use of a structure or land which was lawfully established and maintained prior to the adoption of the ordinance codified in this title, but which under this title, does not conform to the use regulations for the district in which it is located. (See Chapter 17.96.)
"Nuisance" means any thing, condition or use of property which endangers life or health, gives offense to the senses and/or obstructs the reasonable and comfortable use of other property.
"Nursing home" means a structure operated as a lodging house in which nursing, dietary and other personal services are rendered to convalescents, not including persons suffering from contagious diseases, and in which surgery is not performed, and primary treatment such as customarily is given in hospitals and sanitariums, is not provided. A convalescent home shall be deemed a nursing home.
"Nursery" means a commercial operation for the growth and sale of plants, storage of equipment for landscaping and the wholesale or retail sale of commercial gardening supplies.
"Office" means a room or rooms and accessory facilities for the managing or conducting of a business.
"Off-street parking and loading facilities" means a site or a portion of a site devoted to the off-street parking and loading of motor vehicles, including parking spaces, aisles and access drives. (See Chapter 17.104.)
"Park" means a public or private parcel of land developed and used for passive or active recreation.
"Parking area" means an area designed and constructed and used exclusively for the parking, storage and maneuvering of vehicles. (See Chapter 17.104.)
"Professional office" means any building, structure, or portion thereof used or intended to be used as an office for a lawyer, architect, engineer, surveyor, planner, optometrist, accountant, doctor, dentist or other similar professions.
"Public building" means facilities for conducting public business by various public agencies, including federal, state, county offices and buildings.
"Public hearing" means hearings held as required by law.
"Public utility" means private or public facilities for distribution of various services such as water, power, gas, communication, etc., to the public.
"Recreation facilities" means and includes buildings, structures or areas built or developed for purposes of entertaining, exercising or observing various activities participated in either actively or passively by individuals or organized groups.
"Recreational vehicle" means a vehicular type unit designed primarily as temporary living quarters for recreational, camping or travel use, which either has its own motive power or is mounted on or drawn by another vehicle. This includes motor homes, travel trailers and campers.
"Recreational vehicle park" means facilities for the temporary storage, parking and maneuvering of recreational vehicles (motor homes, travel trailers, campers, etc.) with adequate roads and stall sites, including sanitary and water facilities. Site locations are provided on a day-to-day basis. Does not constitute a mobile/manufactured home park.
"Restaurant" means an establishment which serves food or beverages only to persons seated within the building. This includes cafes, tea rooms and similar establishments.
"Retail store" means a commercial business for selling goods, services, wares or merchandise directly to the customer.
"Right-of-way" means and includes any public or private right-of-way and includes any area required for public use pursuant to any official plan.
School, Elementary, Junior High, High School. "Elementary school, junior high school and high school" means public and other nonprofit institutions, conducting regular academic instruction at kindergarten, elementary and secondary levels. Such institutions shall offer general academic instructions equivalent to the standards prescribed by the State Board of Education.
School, Nursery. "Nursery school" means a school or the use of a site or a portion of a site for an organized program devoted to the education or day care of five or more children of elementary school age or younger, other than those residents on the site. Includes "day care center."
School, Private or Parochial. "Private or parochial school" means an institution conducting regular academic instruction at kindergarten, elementary and secondary levels operated by a non-governmental organization.
School, Trade. "Trade school" means schools offering instruction in the technical, commercial or trade skills, such as real estate schools, business colleges, electronic schools, automotive and aircraft technician schools and similar commercial establishments operated by a nongovernmental organization.
"Service station" means an occupancy engaged in the retail sales of gasoline, oil, tires, batteries and new accessories and which provides for the servicing of motor vehicles and operations incidental thereto, including automobile washing, waxing and polishing, tire changing and repairing, but not including recapping. May also include battery service, radiator cleaning, flushing and repair, installation of minor accessories, lubrication of motor vehicles, rental of utility trailers, testing, adjustment and replacement of motor parts and accessories.
"Shopping center" means a group of three or more commercial establishments associated by common agreement or under common ownership which compromises contiguous land parcel unit with common parking facilities.
"Sign" means any identification, description, illustration or device which is affixed directly or indirectly upon a building, structure or land which directs attention to a product, place, activity, person, institution or business and which is visible from any public street, waterway, alley or public place, and shall include banners and similar services. A vehicle mounted sign on a vehicle that is habitually parked or stationed at the sight of a business and serves to advertise or identify the business, shall be construed as a sign for the purpose of this title. National flags and flags of political subdivisions shall not be construed as signs.
"Site" means for towers other than towers in the public rights-of-way, the current boundaries of the leased or owned property surrounding the tower and any access or utility easements currently related to the site, and, for other eligible support structures, further restricted to that area in proximity to the structure and to other transmission equipment already deployed on the ground.
"Stable" means a detached accessory structure including, but not limited to, a corral or paddock for the keeping of one or more horses owned by the occupants of the premises and which are not kept for remuneration, hire or sale.
Stable, Commercial. "Commercial stable" means a structure including, but not limited to, a corral or paddock for the keeping of horses for remuneration, or for sale.
"Street" means a right-of-way dedicated to public use, which provides the principal vehicular and pedestrian access to adjacent properties.
"Street line" means the boundary line between street right-of-way and abutting property.
"Structure" means anything constructed or erected which requires a fixed location on the ground, including a building, but not including a fence or wall used as a fence.
"Subdivision" means improved or unimproved land or lands divided for the purpose of financing, sale or lease, whether immediate or future, into four or more lots, tracts or parcels of land, or if a new street is involved, any such property which is divided into two or more lots, tracts or parcels of land or any such property, the boundaries of which have been fixed by a recorded plat, which is divided into more than two parts. "Subdivision" also includes any condominium, cooperative, community apartment, townhouse or similar project containing five or more parcels, in which an undivided interest in the land is coupled with the right of exclusive occupancy of any unit located thereon, but plats of such projects need not show the buildings or the manner in which the buildings or airspace above the property shown on the plat are to be divided.
"Substantial change" measn a modification substantially changes the physical dimensions of an eligible support structure if it meets any of the following criteria:
(i)
for towers other than towers in the public rights-of-way, it increases the height of the tower by more than ten percent or by the height of one additional antenna array with separation from the nearest existing antenna not to exceed twenty (20) feet measured from the bottom of the additional antenna, whichever is greater; for other eligible support structures, it increases the height of the structure by more than ten percent or more than ten feet, whichever is greater.
(ii)
for towers other than towers in the public rights-of-way, it involves adding an appurtenance to the body of the tower that would protrude from the edge of the tower more than twenty (20) feet, or more than the width of the tower structure at the level of the appurtenance, whichever is greater; for other eligible support structures, it involves adding an appurtenance to the body of the structure that would protrude from the edge of the structure by more than six feet.
(iii)
for any eligible support structure, it involves installation of more than the standard number of new equipment cabinets for the technology involved, but not to exceed four cabinets; or, for towers in the public rights-of-way and base stations, it involves installation of any new equipment cabinets on the ground if there are no pre-existing ground cabinets associated with the structure, or else involves installation of ground cabinets that are more than ten percent larger in height or overall volume than any other ground cabinets associated with the structure. "Equipment cabinet" does not include small pieces of equipment such as remote radio heads/remote radio units, amplifiers, transceivers mounted behind antennas, and similar devices if they are not used as physical if they are not used as physical container for smaller, distinct devices.
(iv)
it entails any excavation or deployment outside the current site.
(v)
it would defeat the concealment elements of the eligible support structure. In order for a modification to be substantial, the proposed modification must cause a reasonable person to view the intended stealth deign as no longer effective after the modification. The original approval of the stealth design must explicitly state that the stealth elements are conditions of that approval.
(vi)
it does not comply with conditions associated with the siting approval of the construction or modification of the eligible support structure or base station equipment, provided however that this limitation does not apply to any modification that is non-compliant only in a manner that would not exceed the thresholds identified in paragraphs (i)—(iv) above.
"Swimming pool" means any permanent structure containing or intended to contain water for recreational uses including wading pools.
"Tower" means any structure built for the sole or primary purpose of supporting any FCC-licensed or authorized antennas and their associated facilities, such as transmitting towers and wireless facilities.
"Transmission equipment" means equipment that facilitates transmission for any FCC-licensed or authorized wireless communication service, including, but not limited to, radio transceivers, antennas, coaxial or fiber-optic cable, and regular and backup power supply. The term includes equipment associated with wireless communications services including, but not limited to, private, broadcast, and public safety services, as well as unlicensed wireless services and fixed wireless services such as microwave backhaul.
"Transmitting tower" means an unmanned structure that transmits or receives communications by electromagnetic or optical means, such as a radio antenna, television antenna, radar station, or microwave tower, but excluding wireless facilities.
"Travel trailer" means a portable structure without motive power with wheels built on a chassis, designed as a temporary dwelling for travel, recreation and vacation purposes, having a body width eight feet and a body length not exceeding thirty-two (32) feet.
"Use" means the purpose for which a site or structure is arranged, designed, intended, constructed, moved, erected, altered or enlarged or for which either a site or structure is or may be occupied and maintained.
Use, Accessory. "Accessory use" means a use which is incidental, related, appropriate and clearly subordinate to the principal use of the lot or building, and which does not alter the principal use of the lot or building.
Use, Conditional. "Conditional use" means a use which is listed as a "conditional use" in any given zoning district. Such use shall require a conditional use permit in order to establish within that zone district, and shall be subject to all conditions and requirements imposed by the planning and zoning commission in connection with the conditional use permit.
Use, Permitted. "Permitted use" means a use which is listed as a "permitted use" in any given zone district. Such use shall be allowed to establish within that zone district subject to the specific requirements of this title.
Variance. (See Chapter 17.92.)
"Warehouse" means a building or buildings used for the storage of goods.
"Wireless Communications facility" or "wireless facility" means a facility used exclusively for the transmission and reception of radio or microwave signals used for commercial communications. A wireless communication facility is generally composed of the following components: At least one antenna; a support structure, which may be a tower or which may be a structure (such as, without limitation, a building or a light pole) constructed primarily for purposes other than supporting an antenna; and, in some cases, an equipment building.
"Wireless facility, alternative structure" means a wireless facility that is either: (a) virtually invisible to the casual observer, such as an antenna behind louvers on a building, or located inside a clock tower, steeple, or similar structure; or (b) camouflaged with stealth design to blend in with surroundings to the extent that it is indistinguishable by the casual observer from the structure on which it is placed or the surroundings in which it is located, such as structures commonly referred to as "mono-palms," "mono-pines" or "flag pole" designs. Other stealth designs may be available subject to approval by the town manager.
"Wireless facility, freestanding" means a self-supported structure, including monopoles, lattice towers, guyed wireless facilities and alternative structures, designed for use as a wireless facility.
"Wireless facility, guyed" means a wireless facility that is supported by the use of cables (guy wires) that are permanently anchored to the ground and designed to support wireless antennas. Guyed wireless facilities shall not be considered alternative structures.
"Wireless facility, lattice tower" means a tower that is self-supporting with multiple legs and cross bracing of structural steel and that is designed to support wireless facilities. Lattice wireless facilities shall not be considered alternative structures.
"Wireless facility, monopole" means A single, upright pole, engineered to be self-supporting and requiring no guy wires or lateral cross-members, that is designed to support wireless antennas. Monopoles are not alternative structures.
"Wireless facility, small" has the same definition as in the Wireless Facilities in Right-of-Way Standard Terms and Conditions adopted pursuant to Section 12.04.050 of the Town code.
"Wireless facility, structure-mounted" means a wireless facility that is located on an existing non-residential building.
"Wholesale" means the sale of goods or materials for the purpose of resale.
"Yard" means the open and unoccupied space on a lot or parcel which is required by this title.
Yard, Front. "Front yard" means a yard, extending across the full width of the lot, the depth of which is the minimum horizontal distance between the front lot line and a line parallel thereto.
Yard, Rear. "Rear yard" means a yard, extending across the full width of the lot, the depth of which is the minimum horizontal distance between the rear lot line and a line parallel thereto.
Yard, Side. "Side yard" means a yard, the width of which is the minimum required horizontal distance between the side lot line and a line parallel to it on the lot, not including any portion of required front yard or required rear yard.
"Zone" means a district classification established by this title which limits or permits various and specific uses.
"Zoning administrator" means the official responsible for the enforcement of this title.
(Ord. 2007-004 § 1 (part))
(Ord. No. 2011-002, 4-6-11; Ord. No. 2020-007, § 1.2, 12-16-2020; Ord. No. 2022-003, § I, 6-15-2022; Ord. No. 2022-007, 2-15-2023)