§ 17.150.300. Definitions of terms.

This section contains the definition of words used in this title.

Abandoned Vehicle. "Abandoned vehicle" means an automobile, truck, or other vehicle requiring a license in New Mexico that is not stored in a fully enclosed building and meets any of the following: (1) does not have a valid Clovis vehicle sticker and New Mexico license; (2) remains for more than ten days without one or more wheels; or (3) remains for more than ten or more days without engine, transmission or body part (door, hood, window, etc.).

Abandonment. "Abandonment" means the use, structure or sign is not used, occupied, or otherwise operating for the intended nonconforming activity for the period specified in Section 17.80.240. Periods of active remodeling during which the use is closed for repairs do not count, provided the remodeling is completed within a reasonable time period as indicated on the zoning permit issued for remodeling a nonconforming use. Abandonment of signs shall mean having electricity disconnected for lighted signs, no message or failing to repair damaged signs.

Abutting. "Abutting" means two lots sharing the same, or common, property lines. Lots separated by an alley are considered abutting. See Figure 17.150.301.

Figure 17.150.301

ABUTTING/ACCESS

Access. "Access" means an area designated as a way for vehicles to enter or leave a property or lot to a public or private street or alley. Access permits residents to bring their vehicles onto the property, customers or tenants to park, and provides for public access in emergencies. See Figure 17.150.301.

Figure 17.150.301

ABUTTING/ACCESS

Accessory Building or Use. "Accessory building or use" means a building or use that contributes to, and is subordinate and secondary to, the principal building or use in function and area. It provides comfort, convenience and necessities to the principal building or use. It shall be on the same lot as the principal building. See Figure 17.150.302.

Figure 17.150.302

ACCESSORY BUILDING OR USE

Active Recreation. "Active recreation" means recreational uses, areas and activities oriented toward potential competition and involving special equipment. Playgrounds, sports fields and courts, swimming pools and golf courses are examples of active recreation uses. Also see Passive Recreation.

Addition. "Addition" means any construction which adds or enlarges the size of an existing building. Additions also include any extension or increase in floor area or height of a building or structure. Examples of an addition include a porch, carport, new room, etc. Also see Alteration.

Adult Entertainment. "Adult entertainment" means any business which provides or features:

1.

Male or female dancers, entertainers or contestants who feature the act of partially or totally disrobing, or

2.

An individual or individuals with less than opaque clothing covering specified anatomical areas, or

3.

Provides or features an individual or individuals involved in actual or simulated specific sexual activities, or

4.

A dancer or dancers, entertainers or contestants which emphasize and seek to arouse or excite the patrons' sexual desires, or

5.

A dancer or dancers or entertainers who fondle or caress any patron.

Alley, Nonresidential. "Nonresidential alley" means a secondary access generally parallel to a street and to the rear of a lot, serving nonresidential properties.

Alley, Residential. "Residential alley" means a secondary access generally parallel to a street and to the rear of a lot, serving a residential lot.

Alteration. See Addition or Conversion, Building or Use.

Animal Unit. "Animal unit" means a measure representing a common denominator to define a farm. The animal unit is related to the amount of feed various species consume and the amount of waste they produce. Table 17.150.301 lists the number of common farm species which comprise a single animal unit.

Table 17.150.301
Animal Units

Type of Livestock	Number Animals Per Animal Unit
Horse (including suckling foal)	1.0
Cow (including suckling calf) or bull	1.0
Calves (under twelve months)	2.0
Ewes (including suckling lambs), wethers or rams	6.0
Female goats (including suckling kids), wethers or males	6.0
Poultry	25.0
All livestock not otherwise set forth in this table	1.0

 

Source: Ordinance No. 1770-2004 by the city commission of the city of Clovis, New Mexico. Approved March 25, 2004.

Apartment. "Apartment" means a multifamily dwelling unit contained in a building comprised of three or more dwelling units, each having an entrance to a hallway or balcony in common with at least one other dwelling unit. See Figure 17.40.110.

Appeal. "Appeal" means a way to obtain review of a decision, determination, order or act of administrative agency pursuant to the terms of this title.

Arterial. "Arterial" means a highway intended to carry a mix of regional and local traffic, providing access to regional- and community-scaled land uses. In suburban and urban areas, one can anticipate arterials to have at least four traffic lanes.

Atrium House. "Atrium house" means an attached, one story dwelling unit with private individual access for a single-family. Each unit shall have a private yard called an atrium. The entire lot area of atrium and house shall be enclosed by a wall. All living spaces (living rooms, dens or bedrooms) shall face an atrium. An atrium house is permitted only in planned developments as provided in Chapters 17.30 and 17.40. See Figure 17.40.110.

Attached Dwelling. See Dwelling, Attached.

Base Site Area. See Site Area, Base.

Block. "Block" means a piece of land surrounded on all sides by streets or other transportation routes or by physical barriers such as water bodies or public open spaces. Blocks are normally divided into lots. See Figure 17.150.303.

Figure 17.150.303

BLOCK

Bufferyard. "Bufferyard" means a strip of land, as required by this title, created to visually separate one type of land use from another when they are incompatible or in conflict. Bufferyards include street and peripheral bufferyards. See Figure 17.150.304.

Figure 17.150.304

BUFFERYARDS

Buildable Area. "Buildable area" means the space remaining on a lot after the minimum open space or landscape surface requirements, bufferyards and setbacks have been met. See Figure 17.150.305.

Figure 17.150.305

BUILDABLE AREA

Building. "Building" means a structure (excluding tents) built on a lot, having a roof and intended to shelter people, animals, property or business activity. Any structure used or intended to be used for supporting or sheltering any use or occupancy. The word building shall be construed as if followed by the words "or part or parts thereof and all equipment therein."

Building Coverage. "Building coverage" means the amount of land covered or permitted to be covered by a building. Building coverage includes the area covered by both principal as well as accessory buildings.

Building Front. "Building front" means that exterior wall of a building which faces the front lot line.

Building Height. See Height, Building.

Building Line. "Building line" means that line formed by the rear, side and street setbacks. Also see Buildable Area.

Bulk Regulations. "Bulk regulations" means controls which establish the maximum size (in total square feet), height and setback of a building on its lot. Bulk regulations maintain compatibility and pleasing appearance of all buildings. They ensure enough light, air and open space on the ground and all levels of the building.

Caliper. "Caliper" means the size of new landscape plantings measuring six inches above ground.

Candlepower. "Candlepower" means the amount of light that will illuminate a surface that is one foot distant from a light source to an intensity of one footcandle. Maximum (peak) candlepower is the largest amount of candlepower emitted by any lamp, light source or luminaire.

Canopy Tree. "Canopy tree" means a deciduous tree that occupies the upper canopy of a forest in a natural ecological situation. These trees are also called shade trees.

Capacity. "Capacity" means when referring to off-street parking requirements, the maximum number of persons which may be accommodated by the use as determined by its design or by applicable building codes, whichever is greater.

Certificate of Occupancy. "Certificate of occupancy" means an official certification indicating that a use or building (as built) conforms to the provision of this title and may be used or occupied.

Cluster Development. "Cluster development" means a development pattern or design technique in which lots are grouped together rather than spread evenly throughout a parcel as in conventional subdivision development. Cluster development allows the remaining land to be used for recreation, open space and the preservation of natural resources. See Figure 17.150.306.

Figure 17.150.306

CLUSTER DEVELOPMENT

Cluster Lots. "Cluster lots" means a detached single-family lot located within a "cluster" development as permitted in Chapters 17.30 and 17.40.

Collector. "Collector" means a street intended to provide access to nonresidential land uses, collect traffic from local streets, and convey traffic to higher levels of streets and highways.

Commercial Use. "Commercial use" means any use, occupation, employment or enterprise, other than residential, carried out by the owner, lessee or licensee of a structure.

Conflict of Interest. "Conflict of interest" means any member of an administrative body having an interest which might influence their vote on a particular proceeding. Conflicts of interest include, but are not limited to, financial, personal or family relationship to the applicant or a party legally noticed as to the proposed action.

Conversion, Building or Use. "Building or use conversion" means the process by which the original use of a building or land is changed to a different use.

Cut-off. "Cut-off" means the point at which all light rays emitted by a lamp, light source or luminaire stop. Cut-off is at a specific angle above the ground. See Figures 17.70.320 and 17.70.321.

Cut-off Angle. "Cut-off angle" means the angle, formed by a line drawn from the direction of light rays at the light source and a line perpendicular to the ground from the light source, above which no light is emitted.

Cut-off-Type Luminaire. "Cut-off-type luminaire" means a luminaire with shields, reflectors or refractor panels which direct and cut off the light at an angle less than ninety degrees. For signs, the term cut-off simply refers to the use of shields to direct the light.

Dedication. "Dedication" means the transfer of private property to public or common ownership for a public purpose. The transfer may be in fee simple interest or less than fee simple interest, including easements. Dedication requires the acceptance of the interest to be complete.

Density. "Density" means the average number of families, persons or housing units allowed on a unit of land. For example, Figure 17.150.307 shows examples of different land uses on one acre of land. The first shows a density of three homes per acre. The second shows a density of twenty apartment units per acre.

Figure 17.150.307

DENSITY

Development. "Development" means:

1.

The construction, reconstruction, conversion, structural alteration, relocation or enlargement of any buildings, structures or accessory structures;

2.

Any use or change in use of any buildings or land;

3.

Any extension of any use of land;

4.

Mining, dredging, filling, grading, paving, excavation or drilling operations;

5.

The storage, deposition or extraction of materials; public or private sewage disposal systems or water supply facilities; for which permission may be required pursuant to this title.

DNL.

"DNL" means a measure of sound determined by the outdoor day-night average sound level (A-weighted).

Drainage. "Drainage" means the process by which surface water (usually from rainfall) moves across the land surface.

Dump. "Dump" means an open area where unwanted goods, waste and refuse are either placed, uncovered to rot, or decay, or are otherwise abandoned. Thus, the waste leaches into the groundwater table, adjacent land or water, and creates a breeding ground for rats and insects; creates fires and noxious fumes; and, generally creates health and safety hazards. A dump is not to be confused with a landfill. Also see Landfill.

Dwelling. "Dwelling" means a living unit. See Dwelling Unit.

Dwelling, Attached. "Attached dwelling" means two or more undivided dwelling units on a single lot which are separated from each other by a dividing wall. Such units may be side-by-side or stacked on top of each other.

Dwelling, Multifamily. "Multifamily dwelling" means a building designed for or containing more than one dwelling unit, sharing access from a common hall, stair or balcony.

Dwelling, Single-Family Detached. "Single-family detached dwelling" means a dwelling unit designed for and occupied by not more than one family and having no roof, wall or floor in common with any other dwelling unit. See Figure 17.40.110.

Dwelling Unit. "Dwelling unit" means a room or group of rooms that provide, or are intended to provide, living quarters for not more than one family. A dwelling unit may be a building or portion thereof which contains two or more rooms, including a bathroom, and an area for serving as a kitchen which need not be a separate room.

Easement. "Easement" means a right or authorization from a property owner to another for a specific and limited use of his property. For example, a property owner may give or sell the right to use a small portion of his property to allow installation of power lines or pipelines or to allow access to another property.

Engineer. "Engineer" means an engineer licensed in the state of New Mexico. Unless otherwise indicated, engineer implies a civil engineer.

Exterior Storage. "Exterior storage" means outdoor storage of fuel, raw materials, products, equipment and solid waste. In the case of lumberyards, exterior storage includes all building materials or waste or scrap materials stored outdoors. In the case of truck terminals, exterior storage includes all trucks, truck beds and truck trailers stored outdoors.

Family. "Family" means one or more persons related by blood, marriage, adoption or guardianship, or not more than six persons not so related, occupying a dwelling unit and living as a single housekeeping unit.

Farm. "Farm" means the land, buildings, structures and machinery which are primarily adapted and used for agricultural purposes.

Filling. "Filling" means depositing on land, whether submerged or not, sand, gravel, earth, or other materials. Biodegradable materials and other materials subject to decomposition or significant settling (such as garbage and other organic matter) are not included. See Dump and Landfill.

Flood Fringe. "Flood fringe" means those flood lands, outside the floodway, subject to inundation by the one hundred year recurrence interval flood and generally associated with standing or slowly moving water rather than rapidly flowing water. See city of Clovis floodplain regulations.

Floodplain. "Floodplain" means land which is covered by flood water during or as a result of a storm event. The limits of the floodplain are defined by the high-water mark of a one hundred year storm event, as shown on the most recent FEMA Flood Hazard and Flood Insurance Rate Maps and Flood Insurance Study for the city of Clovis. See city of Clovis floodplain regulations.

Floodproofing. "Floodproofing" means measures designed to prevent and reduce flood damage to uses or structures located in the floodplain. They include measures to prevent floodwaters from entering the structures; reinforced walls without openings less than two feet above the maximum flood elevation; installation of doors or windows sealed to prevent the entry of water in structures designed to withstand the water velocities at that point. See city of Clovis floodplain regulations.

Flood Protection Elevation. "Flood protection elevation" means a point two feet above the water surface elevation of the one hundred year flood. See city of Clovis floodplain regulations.

Floodway. "Floodway" means a designated portion of the one hundred year flood area in which waters are rapidly moving. It includes the stream channel and other areas designated on the FEMA floodplain maps. See city of Clovis floodplain regulations.

Floor Area Ratio (FAR). "Floor area ratio (FAR)" means a measure of the allowed size of floor area on a lot compared to the size of the lot. FAR gives developers flexibility in deciding whether to construct a low building covering most of the lot or a tall building covering only a small part of the lot, as long as the total allowable floor area coverage is not exceeded. See Figure 17.150.308.

Figure 17.150.308

FLOOR AREA RATIO (FAR)

Footcandle. "Footcandle" means a unit of illumination produced on a surface, all points of which are one foot from a uniform point source of one candle.

Front Lot Line. "Front lot line" means the property line separating a piece of property from the street from which it takes access. Also see Lot Line.

Frontage. See Lot Width.

Garage or Carport. "Garage" or "carport" means a building used primarily for parking or storing a motor vehicle.

Gas Service Station. "Gas service station" means an establishment providing sales of vehicle fuel and services such as lubrication, oil and tire changes and minor repairs. This use does not include paint spraying or vehicle body repair.

Grade. "Grade" means the natural level of the ground adjoining the object whose height is to be measured. Where grade refers to a street or road, the grade is the existing grade at that point.

Gross Site Area. See Site Area, Gross.

Height, Building. "Building height" means the maximum height of a building permitted to be built on a lot. Building height is determined from the vertical distance as measured from the lowest ground elevation on the building to the highest point on the building. See Figure 17.150.309 and Section 17.40.110.

Figure 17.150.309

BUILDING HEIGHT

Home Occupation. See Section 17.150.260.

Hotel. See Commercial Lodging, Section 17.150.240(K).

Intensity. "Intensity" means the degree to which land is allowed to be used for development.

Land. "Land" means areas above the ordinary high water mark.

Land Development. "Land development" means all nonresidential or two or more residential unit construction on a single property.

Landfill. "Landfill" means a disposal site employing an engineering method of disposing solid wastes in a manner that minimizes environmental hazards by spreading, compacting to the smallest volume and applying cover material over all exposed waste at the end of each operating day. Landfills should not be confused with a dump. Also see Dump.

Land, Improved. "Improved land" means vacant land which has been provided with power, water, sewer, streets and sidewalks, other infrastructure.

Landscape Surface Area. "Landscape surface area" means surface area of land not covered by any buildings, or impervious surface that is maintained as lawn or a natural area and which may be left undisturbed. See Figure 17.150.310.

Figure 17.150.310
Landscape Surface Area

Landscaping. "Landscaping" means the design and installation of plant material such as lawns, groundcover, trees, bushes, etc. in formal, informal, or natural arrangements. This may include xeriscaping which is the use of a wide variety of native or other water-efficient plants to create color, interest and an oasis-like feeling. This is not the same as "zeroscaping" which is the use of a lot of rocks and a few sparse plants to create low water use landscaping.

Local Residential Street. "Local residential street" means a street that provides access to individual residential lots.

Local Street. "Local street" means a street that provides access to individual land uses.

Lot. "Lot" means the basic unit of land development into which land is divided for uses. An area with fixed boundary lines, not including easements for publicly dedicated or accepted rights-of-way. See Figure 17.150.313 and Figure 17.150.314.

Lot Area. "Lot area" means the area covered by a lot, not including any public or private street right-of-way.

Lot, Corner. "Corner lot" means a lot abutting two or more streets at their intersection.

Lot Line. "Lot line" means a line or boundary that surrounds a lot. The four basic types of lot lines include front, rear, side and street. See Figure 17.150.311.

Figure 17.150.311

LOTLINE

Lot-Line House. "Lot-line house" means a dwelling type consisting of a single-family, fully detached residence located on an individual lot with only one side yard (see Figure 17.40.110). No windows are permitted on the zero lot line wall of the house. The zero lot line may be achieved by:

1.

Placing the house on a side lot line and providing a maintenance easement six feet wide on the adjoining lot; or

2.

By locating the house so as to provide two side yards, one of which shall be a six foot side yard with a use easement for the neighboring property.

Lot of Record. "Lot of record" means any validly recorded lot or parcel of land which at the time of its recording with the office of the recorder and lands and surveys complied with all applicable laws and regulations.

Lot Width. "Lot width" means the distance across the lot (side lot line to side lot line) at the minimum front setback line or at the midpoint of the buildable area, whichever is less. This is also the measure of frontage. See Figure 17.150.312.

Figure 17.150.312

LOT WIDTH/FRONTAGE

Luminaire. "Luminaire" means a complete lighting unit consisting of a light source and all necessary mechanical, electrical and decorative parts ready to be mounted on pole or other location. See Figures 17.70.320 and 17.70.321.

Maintenance Guarantee. "Maintenance guarantee" means a guarantee of facilities or work to ensure the correction of any failures of any improvements required pursuant to this title, or to maintain same.

Manufactured Home. "Manufactured home" means a manufactured home or modular home that is a single-family dwelling with a heated area of at least thirty-six feet by twenty-four feet and at least eight hundred sixty-four square feet, constructed in a factory to the standards of the United States Department of Housing and Urban Development, the National Manufactured Housing Construction and Safety Standards Act of 1974 (42 U.S.C. 5401 et seq.) and the Housing and Urban Development Zone Code II or the Uniform Building Code, as amended to the date of the unit's construction, and installed consistent with the Manufactured Housing Act (Chapter 60, Article 14 NMSA 1978) and with the regulations made pursuant thereto relating to ground level installation and ground anchors. Such units shall be classified as single-family detached, single-family attached, or multifamily units, depending on their design.

Minor Deviation. "Minor deviation" means a deviation reflecting minor adjustments made during construction. Deviations that result in an increase in density or intensity of use, permitting a use that is not permitted in the district, decreasing the amount of required open space, or decreasing lot sizes or other bulk requirements are not minor deviations and require approval of a variation.

Minor Residential Street. "Minor residential street" means a lane serving a very small number of lots with frontage and size limitations.

Motel. See Hotel.

Multifamily Dwelling. See Dwelling, Multifamily.

Multiplex. "Multiplex" means a single-family attached dwelling or a multifamily unit. Units may have either private or shared access. The units may be arranged in a variety of configurations, including back-to-back, side-to-side or vertical. However, no fewer than four and no more than eight units shall be attached in any single building. A multiplex is permitted only in planned developments as provided in Chapters 17.30 and 17.40. See Figure 17.40.110.

National Geodetic Vertical Datum (NGVD). "National Geodetic Vertical Datum (NGVD)" means elevations referenced to mean sea level datum of the 1929 U.S. Geological Survey.

Nonconforming Building. "Nonconforming building" means any building or structure, other than a sign, legally established prior to this title's adoption, which does not fully comply with this title. In this instance, nonconforming can include the placement of the building or other property uses on the lot, the intensity of use, or other requirements of this title.

Nonconforming Lot. "Nonconforming lot" means a lot, legally established prior to this title's adoption, which does not meet the standards of the district in which it is located. In this instance, nonconforming can include minimum area, buildable area or dimensional requirements of the lot.

Nonconforming Sign. "Nonconforming sign" means any sign, legally established prior to this title's adoption, which does not fully comply with the standards of this title.

Nonconforming Structure. See Nonconforming Building.

Nonconforming Use. "Nonconforming use" means any use, legally established prior to this title's adoption, not permitted in the district in which it is located. A nonconforming use includes uses permitted after further review or as conditional uses that have not met those standards of review.

Nonconformities. "Nonconformities" means lots, signs, structures, buildings, uses of land and characteristics of uses which are prohibited by this title but lawful prior to this title's adoption.

Off-Site Advertising Sign. "Off-site advertising sign" means a sign which directs attention to a business, activity, commodity, service, entertainment or communication which is not conducted, sold or offered at the premises.

On-Site. "On-site" means located on the lot in question. However, when referring to on-site detention, it means within the boundaries of the development site as a whole.

Opacity. "Opacity" means the measurement of the screening effectiveness of a bufferyard or fence, expressed as the percent of vision the screen blocked. The impact of visual perspective is also taken into account.

Open Space. "Open space" means land required to remain undeveloped as part of an open space provision of this title. Open space may include area in individual lots only if such areas exceed the minimum open space required and are protected under a conservation easement. Such required open space does not include parking areas or street right-of-way. See Figure 17.150.313.

Figure 17.150.313

OPEN SPACE

Open Space, Common. "Common open space" means open space within a development, or outlots designated for open space, designed and intended for common use or the enjoyment of a development's residents.

Open Space Ratio (OSR). "Open space ratio (OSR)" means the portion of a development required to remain as open space. OSR is determined by dividing the area in open space by the site area.

Owner. "Owner" means the person, persons or corporate entity having the legal title to, beneficial interest in, or a contractual right to purchase a lot or parcel of land.

Parcel. "Parcel" means a piece of usable property, a tract or plot of land, or adjoining group of tracts in single ownership. A parcel used for development will also be referred to as a "site." Parcels are divided into lots. A parcel is usually considered a unit for the purpose of development.

Parking Lot. "Parking lot" means an area within a lot, and outside of the public right-of-way, where motor vehicles may be parked. This use may or may not be the sole use of the lot.

Party. "Party" means the applicant, the city, property owners within one hundred feet, and/or any persons who have been economically or otherwise injured in fact or are imminently threatened with injury.

Passive Recreation. "Passive recreation" means recreational uses, areas or activities oriented to noncompetitive activities which require no special equipment and/or occur in natural areas. Bicycle riding, hiking and bird watching are examples of passive recreation activities.

Patio House. "Patio house" means a detached or semi-detached dwelling unit (i.e., attached by a common wall to another dwelling unit) for a single family with one dwelling unit from ground to roof. Each dwelling unit's lot shall be fully enclosed by a wall located at the lot line, creating a private yard, referred to as a patio, between the house and wall. "Minimum patio area" rather than setbacks is used to determine minimum yard area. All living spaces, such as living rooms, dens and bedrooms, shall face yard or patio. A patio house is permitted only in planned developments as provided in Chapters 17.30 and 17.40. See Figure 17.40.110.

Performance Guarantee. "Performance guarantee" means a form of surety providing a means of insuring all improvements, facilities or work required by this title will be completed in compliance with such regulations and the approved plans and specifications for any development.

Performance Standards. "Performance standards" means the portions of this title stating the requirements that must be met by a development in order for it to receive development approval.

Permitted Use. "Permitted use" means a use authorized by right in a given zoning district.

Person. See Section 17.150.100.

Planned Development. "Planned development" means a development containing a minimum amount of common open space and using one or more of the dwelling unit types in Chapter 17.40 of this title.

Plot. See Parcel.

Preapplication Conference. "Preapplication conference" means discussions held between property owners or developers and the planning department staff and/or the planning and zoning commission before a formal submission of a development project. See Section 17.100.110.

Principal Use. "Principal use" means the main use on a piece of property in terms of size, area and function. See Accessory Building or Use.

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

Public Utilities. See Utilities, Section 17.150.230 (H).

Rezoning. "Rezoning" means an amendment or change to the zoning map. A rezoning can only be performed as set forth in the procedures in Chapter 17.100.

Right-of-Way. "Right-of-way" means a strip of land occupied or intended to be occupied by a public street on which a right-of-passage has been recorded for the use of vehicles, pedestrians and necessary public utility infrastructure (including, but not limited to, water lines, sewer lines, power lines and gas lines).

Screen, Visual. "Visual screen" means a physical device and/or landscaping used to hide or conceal a use or structure from sight.

Setback. "Setback" means the required distance between every structure and the lot lines of the lot on which it is located. Street, side and rear setbacks are specified in Chapter 17.40 of this title. See Figure 17.150.314.

Figure 17.150.314

SETBACK

Setback, Rear. "Rear setback" means a line parallel to and at the specified minimum (or greater) distance from the rear lot line. See Figure 17.150.314.

Setback, Side. "Side setback" means a line parallel to and at the specified minimum (or greater) distance from the side lot line. See Figure 17.150.314.

Setback, Street. "Street setback" means a line parallel to and at the specified minimum (or greater) distance from the street right-of-way line. See Figure 17.150.314.

Sheltered Care. "Sheltered care" means group care homes and group homes where the residents and any staff, up to a maximum of eight people, live together in a family-type environment. The residents shall be encouraged to participate and live as a family unit. Such units shall be treated as single-family units, and each unit shall be an existing single-family unit or a new unit constructed so as to appear to be a single-family building rather than an institutional facility.

Shopping Center. "Shopping center" means a group of commercial establishments planned, developed and managed as a unit with off-street parking provided on the property.

Single-Family Detached Dwelling. See Dwelling, Single-Family Detached.

Site. See Parcel.

Site Area, Base. "Base site area" means the gross site area minus existing (and ultimate) rights-of-ways, rights-of-way for previously dedicated easements prohibiting building, and noncontiguous parcels. See Figure 17.150.315.

Figure 17.150.315

SITE AREA

Site Area, Gross. "Gross site area" means the total area of a parcel or site. See Figure 17.150.315.

Specified Anatomical Area. "Specified anatomical area" means any portion of human genitals, pubic region, buttock and female breast, below a point immediately above the top of the areola, which is less than completely and opaquely covered by fabric; or human genitals in a discernible turgid state, even if completely and opaquely covered by fabric.

Specified Sexual Activities. "Specified sexual activities" means human genitals in a state of sexual stimulation or arousal; acts or simulation of human masturbation, sexual intercourse or sodomy; or fondling or other erotic touching of human genitals, pubic regions, buttock or female breast.

Street. "Street" means a public or private road designed for use and travel by motor vehicles.

Structural Alteration. "Structural alteration" means:

1.

Any change in the supporting members of a building, such as the bearing walls, beams, columns or girders; or

2.

Any change in the dimension or configuration of the roof or exterior walls.

Structure. "Structure" means anything constructed or erected in a fixed location for occupancy or use.

Structure, Permanent. "Permanent structure" means a structure placed on or in the ground, or attached to another structure in a fixed position, and intended to, or remaining in place for more than one month.

Structure, Temporary. "Temporary structure" means a structure designed to be repeatedly erected or inflated, such as tents, buildings or other inflatable structures that are picked up and moved, which shall remain on site for no more than one month.

Townhouse. "Townhouse" means a single-family attached unit, with a single unit going from ground to roof, and with individual outside access. A townhouse is permitted only in planned developments as provided in Chapters 17.30 and 17.40. See Figure 17.40.110.

Townhouse, Weak-Link. "Weak-link townhouse" means an attached dwelling unit, a single unit from ground to roof, with individual outside access housing a single family. Each unit shall have both a one- and two-story section. A weak-link townhouse is permitted only in planned developments as provided in Chapters 17.30 and 17.40. See Figure 17.40.110.

Tree, Canopy. "Canopy tree" means a tree whose leaves would occupy the upper level of a forest in a natural ecological situation. These trees are also called shade trees and typically reach heights of fifty to one hundred feet at maturity.

Tree, Understory. "Understory tree" means a tree whose leaves would occupy the intermediate level of a forest in a natural ecological situation. Understory trees are also found as dominant species in old field succession. These trees are also called ornamental trees.

Twin House. "Twin house" means a dwelling that is attached by a common wall to one other dwelling unit. It has only one dwelling unit from ground to roof and only one wall in common with another dwelling unit. One family lives in it. A twin house is permitted only in planned developments as provided in Chapters 17.30 and 17.40. See Figure 17.40.110.

Use. "Use" means the purpose or activity of a building or structure on a piece of land. Some examples of land uses are residential, retail, hotel, industry, etc.

Use, Accessory. See Accessory Building or Use.

Use, Permitted. See Permitted Use.

Use, Principal. "Principal use" means the specific primary purpose for which land is used. The principal use shall be dominant in size, area and use.

Variance. "Variance" means the process by which a property owner is granted relief from certain provisions of this title. See Chapter 17.100.

Village House. "Village house" means a single-family residence which is fully detached from neighboring structures. A village house has very small front yards with special landscape requirements. Homes shall be built to the street setback. A village house is permitted only in planned developments as provided in Chapters 17.30 and 17.40. See Figure 17.40.110.

Volume. "Volume" means the smallest prism or parallelpiped that may be drawn around a sculpture. Also see Building, Landscaping.

Weak-Link Townhouse. See Townhouse, Weak-Link.

Yard. "Yard" means those portions of a lot outside the buildable area which are for the use of the occupants. Such areas are unobstructed from the ground up, except for permitted accessory buildings or architectural features. The four types of yards are front, rear, side and street. See Figure 17.150.316.

Figure 17.150.316

YARDS

Zero Lot Line. See Lot-Line House.

Zoning District. "Zoning district" means those portions of the city of Clovis shown on the zoning map as being in a district enumerated in Chapter 17.20.

Zoning Map. "Zoning map" means the map and/or detailed maps showing the location and boundaries of the zoning districts established by this title. These maps are entitled, "Official Zoning Map of the City of Clovis, New Mexico."

Zoning Permit. "Zoning permit" means a written permit issued by the planning department certifying that the proposed land use complies with this title.

(Ord. 1773-2004 §2(G), 2004; Ord. 1770-2004 §2(part), 2004; Ord. 1524-97 §2(part), 1997; Ord. 1495-96 §3(part), 1996).

(Ord. No. 2029-2014, § 2, 10-16-14)