1-5 Definitions

For the purpose of this Ordinance certain words and terms are defined as follows: (Words used in the present tense include the future; words in the singular number include the plural and the plural the singular; words not included herein but defined in the Uniform Building Code shall be construed as defined therein). (1) Accessory Building. Building not used for human occupancy which is secondary to the main structure on the same piece of property such as a shed or garage. (2) Affected Entity. A county, municipality, local district, special service district created under state law, school district, interlocal cooperation entity established under state law, specified property owner, property owners association, public utility, or the Department of Transportation. (3) Agriculture. The tilling of the soil, the raising of crops, horticulture and gardening, including the grazing and pasturing of domestic animals, but not including any agricultural business or industry, such as fruit-packing plants, fur farms, animal hospitals or similar uses. (4) Agricultural Industry or Business. An industry or business involving agricultural products in packaging, treatment, sales, intensive feeding, or storage, including but not limited to animal feed yards, fur farms, commercial milk production, food packaging or processing plants, commercial poultry or egg production and similar uses as determined by the planning commission. (5) Airport. A landing area used regularly by aircraft for receiving or discharging passengers or cargo. (FAA definition) (6) Airstrip. An airfield without normal airport facilities. (7) Alley: A public thoroughfare less than twenty-five (25) feet wide. (8) Anemometer. An instrument for measuring wind force and velocity. (9) Animal Unit. One (1) cow, one (1) horse, five (5) sheep or goats, or an equivalent number of smaller animals or fowl as determined by the Planning Commission. (10) Appeal Authority. The person, board, commission, agency, or other body designated by this ordinance to decide an appeal of a decision of a land use application or variance. (11) Basement. A story partly underground. A basement shall be counted as a story for the purposes of height measurement if its height is one-half (1/2) or more above grade. (12) Bed & Breakfast/Boarding House. A building with not more than five (5) guest rooms, where, for compensation, meals are provided for at least five (5) but not more than fifteen (15) persons. (13) Building. Any structure having a roof supported by columns or walls for the housing - or enclosure of persons, animals or chattels. (14) Building, Accessory. A detached subordinate building clearly incidental to and located upon the same lot occupied by the main building. (15) Building, Height of. The vertical distance from the average finished grade surface to the highest point of the building roof or coping. (16) Building Line. A line parallel to the front, side or rear lot line and established at the point where that lot line is closest to any part of the building or structure exclusive of the ordinary projections of skylight, sills, belt courses, cornices, chimneys, flues and ornamental features which do not project into a yard more than two and one-half (2-1/2) feet, and open or lattice enclosed fire escapes, fireproof outside stairways and balconies open upon fire towers which do not project into a yard more than five (5) feet. (17) Building, Main. The, principal building or one of the principal buildings upon a lot, or the building or one of the principal buildings housing a principal use upon a lot. (18) Car Port. A private garage not completely enclosed by walls or doors. For the purposes of this Ordinance, a car port shall be subject to all of the regulations prescribed for a private garage (19) Conditional Use. A land use that, because of its unique characteristics or potential impact on the county, surrounding neighbors, or adjacent land uses, may not be compatible in some areas or may be compatible only if certain conditions are required that mitigate or eliminate the detrimental impacts. (20) Condominium. The ownership of a single unit in a multi-unit project, together with an undivided interest in the common areas and facilities of the property. (21) Corral. A space, other than a building, less than one (1) acre in area, or less than one hundred (100) feet in width, used for the confinement of animals. (22) Dwelling. Any building, or portion thereof, which is designed for use for residential purposes, except hotels, apartment hotels, bed & breakfast/boarding houses, lodging houses, tourist courts and apartment courts. (23) Dwelling, Farm or Ranch. A building to provide housing for migratory or temporary farm workers, persons permanently working on a farm or ranch, or for family members of the main household who are engaged full-time in operating the farm or ranch. (24) Dwelling, Multiple-family. A building arranged or designed to be occupied by three (3) or more families, (25) Dwelling, Single-family. A building arranged or designed to be occupied by one (1) family, the structure having only one (1) dwelling unit. (26) Dwelling, Two-family. A building arranged or designed to be occupied by two (2) families, the structure having only two (2) dwelling units. (27) Dwelling Unit. One or more rooms in a dwelling, apartment hotel or apartment motel, designed for or occupied by one (1) family for living or sleeping purposes and having one (1) but not more than one (1) kitchen or set of fixed cooking facilities, other than hot plates or other portable cooking units. (28) Evaporation Pond. Artificial ponds with very large surface areas that are designed to efficiently evaporate water by sunlight and exposure to the ambient temperatures. (29) Family. One or more persons occupying a dwelling unit and living as a single housekeeping unit, as distinguished from a group occupying a boarding house, lodging house or hotel, as herein defined. (30) Fire Hazard. Any situation, process, material or condition that may cause a fire or explosion or provide a ready fuel supply to augment the spread or intensity of the fire or explosion and that poses a threat to life or property. (31) Frontage. All the property fronting one (1) side of the street between intersecting or intercepting streets, or between a street and a right-of-way, waterway, end of dead-end street, or political subdivision boundary, measured along the street line. An intercepting street shall determine only the boundary of the frontage on the side of the street which it intercepts. (32) Garage, Private. An accessory building designed or used for the storage of not more than four (4) automobiles owned and used by the occupants of the building to which it is accessory, provided that on a lot occupied by a multiple dwelling, the private garage may be designed and used for the storage of one and one-half (1 1/2) times as many automobiles as there are dwelling units in the multiple dwelling, if the garage and dwelling have a roof or wall in common. (33) Garage, Public. A building or portion thereof, other than a private garage designed or used for servicing, repairing, equipping, hiring, selling or storing motor-driven vehicles. (34) General Plan. The document adopted by the county that sets forth general guidelines for proposed future development of the unincorporated land within the county. (35) Geologic Hazard. One of several types of adverse geologic conditions capable of causing damage or loss of property and life. (36) Gravel Pit. A pit from which gravel is obtained. (37) Home Occupation. Any use conducted entirely within a dwelling and carried on by persons residing in the dwelling unit, which use is clearly incidental and secondary to the use of the dwelling for dwelling purposes and does not change the character thereof and in connection with which there is not display, nor stock in trade. The home occupation shall not include the sale of commodities except those which are produced on the premises, and shall not involve the use of any accessory building or yard space or activity, outside of the main building, not normally associated with residential use. Home occupation shall include the use of the home by a physician, surgeon dentist, lawyer, clergyman, engineer, or other professional persons for consultation or emergency treatment but not for the general practice of his profession. In all cases where a home occupation is engaged in, there shall be no advertising of said occupation, no window displays, or signs except as hereinafter permitted, and no employees employed. (38) Hotel. A building designed for or occupied as the temporary abiding place of sixteen (16) or more individuals who are, for compensation, lodged. (39) Household Pet. Animals or fowl ordinarily permitted in the house, and kept for company or pleasure such as dogs, cats, and small caged birds, but not including a sufficient number of dogs to constitute a kennel, as defined in this Ordinance. (40) Industry. The organized action of making of goods and services for sale. (41) Junk Yard. The use of any lot, portion of a lot, or tract of land for the storage, abandonment of junk, including scrap metals or other, or for the dismantling, demolition or abandonment of automobiles, or other vehicles, or machinery or parts thereof; provided that this definition shall be deemed not to include such uses which are clearly accessory and incidental to any agricultural use permitted in the zone. (42) Kennel. The keeping of three (3) or more dogs, at least four (4) months old. (43) Land Use Application. An application required by the county’s land use ordinance. (44) Land Use Authority. The person, board, commission, agency, or other body designated by the local legislative body in this ordinance to act upon a land use application. (45) Land Use Ordinance. A planning, zoning, development, or subdivision ordinance of the county, but does not include the general plan. (46) Land Use Permit. A permit issued by the land use authority. (47) Legislative Body. The county legislative body. (48) Local District. Any entity created under state law – Local Districts, and any other governmental or quasi-governmental entity that is not a county, municipality, school district, or the state. (49) Lodging House. A building where lodging only is provided for compensation to five (5) or more, but not to exceed fifteen (15) persons. (50) Lot. A parcel of land occupied by a building or group of buildings, together with such yards, open spaces, lot width and lot area as are required by this Ordinance, having frontage upon a street or upon a right-of-way or upon a right-of-way not less than sixteen (16) feet wide. Except for group dwellings and guest houses, not more than one (1) dwelling structure shall occupy any one (1) lot. (51) Lot Area. The total gross land area of a parcel of land, not including street right-of-ways dedicated to the public. (52) Lot, Corner. A lot abutting on two intersecting or intercepting streets, where the interior angle of Intersection or interception does not exceed one hundred thirty-five (135) degrees. (53) Lot Depth. The horizontal distance between the front yard and the rear lot lines measured in the main direction of the side lot lines. (54) Lot Line Adjustment. The relocation of the property boundary line in a subdivision between two adjoining lots with the consent of the owners of record. (55) Lot Line, Front. For an interior lot, the lot line adjoining the street; for a comer lot or through lot, the lot line adjoining either street, as elected by the lot owner. (56) Lot Interior. A lot other than a corner lot. (57) Lot Line, Rear. Ordinarily, that line of a lot which is opposite and most distant from the front line of the lot In the case of a triangular or gore-shaped lot, a line ten (10) feet in length within the parcel, parallel to and at a maximum distance from the front lot line. In cases where these definitions are not applicable, the zoning administrator shall designate the rear lot line. (58) Lot Line, Side. Any lot boundary line not a front or rear lot line. A side lot line separating a lot from another lot or lots is an interior side lot line; a side lot line separating a lot from a street is a street side lot line. (59) Lot Width. The horizontal distance between the side lot lines, measured at the required front yard setback line or rear yard setback line, whichever is shorter. (60) Mining. Mining is the extraction of valuable minerals or other geological materials from the earth usually from an ore body, vein or (coal) seam. Materials recovered by mining include base metals, precious metals, iron, uranium, coal, diamonds, limestone, oil shale, rock salt and potash. Also to include, drilling, testing, mining related storage facilities whether they be underground or above-ground. (61) Mobile Home. A detached, single-family dwelling unit of not less than thirty (30) feet in length, designed for long-term occupancy, and to be transported on its own wheels or on a flatbed or other trailers or detachable wheels; containing a flush toilet, sleeping accommodations, a tub or shower bath, kitchen facilities, and plumbing and electrical connections provided for attachment to appropriate external systems, made ready for occupancy except for connections to utilities and other minor work. Pre-sectionalized, modular, or prefabricated houses not placed on permanent foundations, shall be regarded as mobile homes. (62) Mobile Home Park. A space designed and approved by the local jurisdiction for occupancy by mobile homes, to be under a single ownership or management, and meeting all requirements of the zoning ordinance for mobile home parks. (63) Mobile Home Subdivision. A subdivision designed and intended for residential use where the lots are to be individually owned or leased, and occupied by mobile homes exclusively. (64) Moderate Income Housing. Housing occupied or reserved for occupancy by households with a gross household income equal to or less than 80% of the median gross income for households of the same size in the county in which the housing is located. (65) Modular Home. A permanent dwelling structure built in prefabricated units, which are assembled and erected on the site, or at another location and brought as a unit to the site; said modular home is classed as a mobile home until it is placed on a permanent foundation and complies with all governing building codes. (66) Motel. A building or group of buildings for the drive-in accommodation of transient guests, comprising individual sleeping or living units, and designed and located to serve the motoring public. (67) Natural Waterways. Those areas, varying in width, along streams, creeks, gullies, springs, or washes which are natural drainage channels as determined by the Building Inspector, and in which areas no buildings shall be constructed. (68) Nonconforming Building or Structure. A building or structure or portion thereof, lawfully existing before its current lands use designation and because of one or more subsequent land use ordinance changes, does not conform to the setback, height restrictions, or other regulations, excluding those regulations that govern the use of land. (69) Nonconforming Use. A use of land that legally existed before its current land use designation, has been maintained continuously since the time the land use ordinance regulation governing the land changed, and because of one or more subsequent land use ordinance changes, does not conform to the regulations that now govern the use of the land. (70) Oil and Gas Exploration. Exploration for Hydrocarbon (oil and gas) is the search by petroleum geologists and geophysicists for hydrocarbon deposits beneath the Earth's surface, such as oil and natural gas. Oil and gas exploration are grouped under the science of petroleum geology. (71) Parking Lot. An open area, other than a street, used for parking of more than four (4) automobiles and available for public use, whether free, for compensation, or as an accommodation for clients or customers. (72) Parking Space. Space within a building, lot or parking lot for the parking or storage of one (1) automobile. (74) Planned Unit Development (PUD). An integrated design for development of residential, commercial or industrial uses, or limited combinations of such uses, in which the density and location regulations of the district in which the development is situated may be varied or waived to allow flexibility and initiative in site and building design and location, in accordance with an approved plan and imposed requirements. (75) Plat. A map or other graphical representation of lands being laid out and prepared in accordance with State law. (76) Public Agency. The federal government, the state, a county, municipality, school district, special service district, or other political subdivision of the state, or a charter school. (77) Public Hearing. A hearing at which members of the public are provided a reasonable opportunity to comment on the subject of the hearing. (78) Public Meeting. A meeting that is required to be open to the Public under state law. (79) Public Notice. Notice widely disseminated to the public through broadcast media such as newspaper, radio, television, in a conspicuous public place or the internet, in conformance with state law. (80) Record of Survey Map. A map of a survey of land prepared in accordance with state law. (81) Story. The space within a building included between the surface of any floor and the surface of the ceiling next above. (82) Story, Half. A story with at least two (2) of its opposite sides situated in a sloping roof, the floor area of which does not exceed two-thirds (2/3) of the floor immediately below it. (83) Street. A public right-of-way, including a highway, avenue, boulevard, parkway, road, lane, walk, alley, viaduct, subway, tunnel, bridge, public easement, or other way. (84) Structure. Anything constructed or erected, which requires location on the ground or attached to something having a location on the ground. (85) Structural Alterations. Any change in supporting members of a building or structure, such as bearing walls, columns, beams or girders. (86) Subdivision. Any land that is divided, re-subdivided or proposed to be divided into two or more lots, parcels, sites, units, plots, or other division of land for the purpose, whether immediate or future, for offer, sale, lease, or development either on the installment plan or upon any and all other plans, terms, and conditions. It also includes the division or development of land by deed, metes and bounds description, devise and testacy, map, plat, or other recorded instrument except as provided in state law, divisions of land for residential and nonresidential uses, including land used or to be used for commercial, agricultural, and industrial uses. It does not include a bona fide division or partition of agricultural land for agricultural purposes, a recorded agreement between owners of adjoining properties adjusting their mutual boundary if no new lots are created, and the adjustment does not violate land use ordinances. (87) Tourist Court. Any building or group of buildings containing sleeping rooms, with or without fixed cooking facilities designed for temporary use by automobile tourists or transients, with a garage attached or parking space conveniently located to each unit, including auto courts, motels, or motor lodges. (88) RV/Trailer Camp. Any area or tract of land used or designed to accommodate two (2) or more automobile trailers or camping parties. (89) Unincorporated. The area outside of the incorporated areas of a county. (90) Use, Accessory. A subordinate use customarily incidental to and located upon the same lot occupied by a main use. (91) Use, Main. The principal function or use of the land and/or building or structure. (92) Variance. An authorization by the Planning Commission, acting as the Land Use Authority pursuant to state law, relative to specific parcel of land for a modification of a zone’s standard height, bulk, area, width, setback, or separation requirement; as distinguished from a conditional use, the allowing of a use not listed as permitted in a zone, or any other change in zoning requirements. (93) Yard. A space on the lot, other than a court, unoccupied and unobstructed from the ground upwards, by buildings, except as otherwise provided herein. (94) Yard, Front. A space extending across the full width of a lot, between the front building line and the front lot line. The depth of the front yard is the minimum distance between the front lot line and the front building line. (95) Yard, Rear. A space extending across the full width of a lot, between the rear building line and the rear lot line. The depth of the rear yard is the minimum distance between the side lot and the rear building line. (96) Yard, Side. A space extending along the full depth of a lot, between the side building line and the side lot line. The "width" of the side yard shall be the minimum distance between the side lot line and the side building line. (97) Wind Turbine. A turbine that is powered by the wind. (98) Zoning Map. A map, adopted as part of a land use ordinance that depicts land use zones, overlays, or districts.