Chapter 18.80
DEFINITIONS

Sections:

18.80.010    General.

18.80.020    Definitions.

18.80.010 General.

A. Usage. For the purposes of this title, certain terms, phrases, words, and their derivatives shall be construed as specified herein. The word “person” includes a firm, association, organization, partnership, trust, company, or corporation as well as an individual. The words “used” or “occupied” include the words “intended,” “designed,” or “arranged to be used or occupied.” The word “shall” is mandatory, and the word “may” is permissive, except when used in the negative. When not inconsistent with the context, the present tense includes the future, the singular includes the plural, and the plural includes the singular.

B. Undefined Terms. Where terms are not defined, they have their ordinarily accepted meanings within the context with which they are used. The latest version of Webster’s New World Dictionary of American English shall provide the ordinarily accepted word meanings. [Ord. 2016-02 § 1; Ord. 48 § 2, 1998. Code 1983 § 12-8-1.]

18.80.020 Definitions.

“Abandoned billboard” means a billboard which has carried no message for more than 180 days or which no longer identifies a bona fide business, lessor, service, owner, product, or activity, date or time of past event, and/or for which no legal owner can be found. The definition shall also include any billboard structure which no longer supports the billboard for which it was designed.

“Accessory structure or use” means a subordinate structure or use, not used as living quarters and not including kitchen or sleeping facilities, customarily incidental to and located on the same lot occupied by a principal use or structure. Accessory uses are permitted in all zones and a home occupation may be accessory to any residential use.

“Adversely affect” means when the cumulative effect of a proposed development, when combined with all other existing and anticipated development, will increase the water surface elevation of the base flood more than one foot at any point.

“Agricultural ranching” means the cultivation of the soil or the raising of livestock and all activities incidental thereto. The terms “farming” and “ranching” shall be interchangeable for purposes of this title.

“Airport” means a licensed facility where commercial, military and private aircraft may land or take off and where additional space is provided for repairs, services, storage facilities, offices, and buildings for administration and passenger convenience.

“Alley” means a permanent public thoroughfare providing a secondary means of access to abutting lands.

“Apartment building” means a building other than a hotel or motel containing five or more dwelling units which have the primary entrances from common hallways.

“Architectural, scenic, or historic area” means an area of special control that contains unique visual or historic characteristics or whose natural beauty requires special regulations to ensure that all billboards displayed within the area are compatible with the area.

“A.R.S.” means Arizona Revised Statutes.

“Auto salvage yard” means a junkyard primarily containing inoperable vehicles.

“Automobile reduction yard” means any area of land where two or more motor vehicles not in running condition and/or two or more unlicensed motor vehicles, or parts thereof, are stored in the open and are not being restored to operation; or any land, building or structure used for the wrecking, dismantling, storage or abandonment of motor vehicles or parts thereof.

“Automobile service station” means an establishment with the primary business function of the retail sale of gasoline for passenger car use with or without minor service and repair work incidental to the operation of passenger automobiles.

“Basement” means any floor level below the first story in a building, except that a floor level in a building having only one floor shall be classified as a basement unless such floor level qualifies as a first story. A basement is considered a story if its ceiling is more than five feet above the average established grade of its perimeter, or if it is used for residential or business purposes by other than janitors or domestic servants in the same building.

“Bed and breakfast inn” means a dwelling in which the occupants of the dwelling provide, for compensation, the short-term lodging and meals for guests, occupying not more than five guest rooms, located within the dwelling.

Billboard. A “billboard” is an off-premises object, device, display, sign, or structure, or part thereof, displayed outdoors or visible from a public way, which is used to advertise, identify, display, direct or attract attention to an object, person, institution, organization, business, product, service, event or location, or to express a point of view, by any means, including words, letters, figures, design, symbols, advertising flags, fixtures, colors, illuminations or projected images. Each substantially different face of a billboard structure shall constitute a separate billboard. Billboards do not include on-premises commercial or political signage nor small commercial or noncommercial signs temporarily placed in residential lawns by residents, owners, contractors, realtors, or by or on behalf of political candidates or issues.

“Billboard area” means the facing of a billboard, including copy, insignia, and background, structural supports, and border and trim. The measurement shall be determined by the smallest rectangle inclusive of all letters and images. The structural supports shall be excluded if they do not constitute a major part of the billboard or if the structure is not used to identify or attract attention to the business or product.

“Billboard plaza” means an area of special control which our town council designates as appropriate for the display of billboards.

“Board” means the board of adjustment for the town of Taylor, as established in TTC 18.70.030(A).

“Boarding house” means a building where, for compensation and by prearrangement for definite long-term periods, lodging and meals are provided for three or more but not exceeding 20 persons.

“Buildable area” means that portion of a lot or parcel within the required front, rear and side yard setbacks which is available for construction of structures.

“Building” means a structure having a roof supported by columns or walls for housing, shelter, or enclosure of persons, animals, or property of any kind.

“Building envelope” means that area of a lot lying between the front, rear, and side yard setback lines (known as the buildable area), and between the ground level and the maximum allowable building height, amounting to a three-dimensional area available for potential building construction.

“Building, front line of” means a line across the face of a building nearest the front lot line.

“Building height” means the vertical distance to the level of the highest point of the building wall, if the building has a flat roof, or to the highest point of the roof, if the roof is of any other type, measured from the natural grade, or from the average level of the finished ground surface across the front of the building.

“Building inspector” means the town manager, or a designee, whose principal duty is enforcement of the building codes as adopted by the town.

“Building line, front” means the line nearest to the front of, and across, a lot establishing the minimum open space to be provided between the front line of a building and front lot line.

“Building line, rear” means the line nearest to the rear of, and across, a lot establishing the minimum open space to be provided between the rear line of a building and the rear lot line.

“Building, main” means a building in which the principal use on a lot is conducted; in any residential zone any dwelling is considered a main building on the lot on which it is situated.

“Building, nonconforming” means a legally existing building which fails to comply with the regulations set forth in this title applicable to the zone in which the building is located.

“Building official” means the town manager, or a designee, whose principal duty is enforcement of the building codes as adopted by the town.

“Building, principal” means a building in which is conducted the main, or principal, use of the lot on which the building is situated.

“Building, public” means a building, supported by government funds, to be used in an official capacity on behalf of the entire community.

“Business” means the engaging in of the purchase, sale, barter or exchange of goods, wares, merchandise or service; the maintenance or operation of offices or recreational or amusement enterprises.

“Campground” means an area of land used to temporarily accommodate two or more camping parties including cabins, tents, recreational vehicles or other camping outfits.

“Cargo container” means a standardized, reusable vessel maximum 40 feet in length, eight feet in width, and eight feet, six inches in height that is or appears to be:

1. Originally, specifically or formerly designed for or used in the parking, shipping, movement, transportation or storage of freight, articles, goods or commodities; or

2. Designed for or capable of being mounted or moved on a rail car; or

3. Designed for or capable of being mounted on a chassis or bogie for movement by truck trailer or loaded on a ship.

“Carport” means a structure, open on at least two sides, consisting of a roof and either walls or columns for the purpose of housing automotive vehicles and other chattels. The structure shall be considered as an accessory building when detached from the principal building and as a part of the principal building when attached to the principal building along one or more sides of the carport or principal building.

“Cemetery” means land used for the burial of the dead and dedicated for cemetery purposes, including crematories, mausoleums, and mortuaries when operated in conjunction with and within the boundary of such cemetery.

“Changeable copy” means copy that changes at intervals of more than once every six seconds.

“Church” means a building, together with its accessory buildings and uses, where persons regularly assemble for religious worship, and which building, together with its accessory buildings and uses, is maintained and controlled by a religious body organized to sustain worship.

“Clinic or medical center” means an establishment where patients are admitted for special study and treatment by licensed physicians and/or dentists and their professional associates, as distinguished from a “professional office” for general consultation purposes.

“Commercial billboard” means a billboard which identifies goods or services that are not sold on the premises where the billboard is located.

“Conditional use permits” means legal authorization to undertake a conditionally permitted use as defined by this title.

“Council” means the Taylor town council.

“Day care” means the care, supervision and guidance of a child or children, unaccompanied by parent, guardian or custodian, on a regular basis for periods of less than 24 hours per day, in a place other than the child’s or children’s own home or homes.

“Day care center” means any facility in which day care is regularly provided for compensation for five or more children not related to the proprietor.

“Development” means any manmade change to improve or alter real estate, including but not limited to buildings or other structures, mining, dredging, filling, grading, paving, excavation, or drilling operations.

“Development plan” means a town-approved plan for the development of a property.

“Developmental disability” means autism, cerebral palsy, epilepsy or mental retardation.

“Directional sign” means a sign erected and maintained by local officials within the public right-of-way, to indicate to the traveling public the route and distance to public accommodations, facilities, commercial services and points of scenic, historical, cultural, recreational, educational or religious interest. Such signs shall conform to all applicable state regulations regarding the placement of billboards in public rights-of-way.

“Drive access” means that area between the curb of a street, or edge of the traveled portion of a street when no curb exists, and the right-of-way/property line over which the town will permit vehicular travel from the traveled portion of a street to an individual property, or off-street parking space(s).

“Dwelling” means a building, or portion thereof, used primarily for residential occupancy, including single-family, two-family, multiple-family dwellings and group homes, but not including hotels, motels, or tourist homes.

“Dwelling, attached” means a dwelling that has a wall, roof and/or floor in common with any other dwelling.

“Dwelling, detached” means a dwelling that does not have a wall, roof and/or floor in common with any other dwelling.

“Dwelling, multiple (multifamily)” means a building or portion thereof designed for occupancy by two or more households living independently in which they may, or may not, share common entrances and/or other spaces.

“Dwelling, single-family” means a detached dwelling unit with kitchen and sleeping facilities, designed for occupancy by one family.

“Dwelling, two-family” means a building or portion thereof, used for occupancy by two or more families living independently of each other, with the units completely separated by a common wall, floor and/or ceiling.

“Dwelling unit” means any building or portion thereof which contains living facilities, including facilities for sleeping, eating, cooking and sanitation, for not more than one family, or a congregate residence for six or fewer unrelated individuals.

“Expressway or freeway” means a highway to which access is restricted except by ramps or interchanges. 

“Factory-built modular home” means a residential or nonresidential building meeting the requirements of the International Building Code (IBC), including a dwelling unit or habitable room thereof, which is either wholly or in substantial part manufactured at an off-site location to be assembled on site, except that it does not include a “manufactured home,” a “recreational vehicle,” or “mobile home.” Also referred to as a “modular home or building.”

“Family” means an individual, or two or more individuals related by blood, marriage, or adoption, or a group not exceeding six unrelated individuals, living together as a single housekeeping unit.

“Fence” means a barrier constructed of materials erected for the purpose of protection, confinement, enclosure or privacy.

“Flashing illumination” means a light source which, in whole or in part, physically changes in light intensity or gives the appearance of such change at intervals of less than six seconds.

“Garage, private” means a detached accessory building, or portion of a main building, used for the storage of self-propelled vehicles.

“Garage, public” means any building or premises, except those defined herein as a private garage, used for the storage or care of motor vehicles; or where such vehicles are equipped for operation, repaired, or kept for rental, hire, or sale.

“General plan” means the town of Taylor general plan.

“Grade” means the average level of the finished ground surfaces surrounding a building.

“Greenhouse” means a building or structure constructed chiefly of glass, glass-like translucent material, cloth, lath or similar materials which is devoted to the protection or cultivation of flowers and other plants.

“Ground floor area” means the square foot area of a building within its largest outside dimension computed on a horizontal plane at the ground floor level, exclusive of open porches, breezeways, terraces, garages, exterior stairways, and secondary stairways.

“Group home” means a single, residential structure having common kitchen facilities and occupied by more than six persons having physical, mental, emotional, or social problems, and living together for the purpose of training, observation and/or common support on a 24-hour basis, except that a residential facility shall not be included in the definition of a “group home.”

“Habitable floor” means any floor usable for living purposes, which includes working, sleeping, eating, cooking or recreation, or a combination thereof.

“Home occupation” means any use conducted entirely within a dwelling and carried on solely by the occupants thereof, which use is clearly incidental and secondary to the use of the dwelling for residential purposes and which meets the requirements of Chapter 18.55 TTC.

“Hospital” means an institution for the diagnosis, treatment, or other cure of human ailments and includes sanitarium or clinic, provided such institution is operated by or treatment is given under direct supervision of a physician licensed to practice by the state of Arizona.

“Hotel” or “motel” means a building or portion thereof, or a group of buildings, in which lodging is provided and offered to transient guests for compensation; shall not include a lodging house.

“Household” means an individual or two or more persons related by blood, marriage, adoption and usual servants, living together as a single housekeeping unit in a dwelling unit; or a group of not more than six persons who need not be related living together as a single housekeeping unit.

“Illegal billboard” means a billboard that was constructed in violation of regulations that existed at the time it was built.

“Improvement, substantial” means any repair, reconstruction, or improvement of a structure, the cost of which equals or exceeds 50 percent of the market value of the structure either: (1) before the improvement or repair is started; or (2) if the structure has been damaged and is being restored, before the damage occurred. For the purposes of this definition substantial improvement is considered to occur when the first alteration of any wall, ceiling, floor, or other structural part of the building commences, whether or not the alteration affects the external dimensions of the structure. The term does not, however, include either: (1) any project from improvement of a structure to comply with existing state or local health, sanitary, or safety code specifications which are solely necessary to assure safe living conditions; or (2) any alteration of a structure listed on the National Register of Historic Places.

“Incidental” means any action or use of less importance, or secondary to, any other action or use.

“Indirect illumination” means a light source not seen directly.

“Internal illumination” means a light source that is concealed or contained within and becomes visible in darkness through a translucent surface.

“International Building Code (IBC)” means the International Building Code as adopted and amended by the town of Taylor.

“Junkyard” means any place at which personal property is or may be salvaged for reuse, resale, or reduction or similar disposition and is owned, possessed, collected, accumulated, dismantled, or sorted, including but not limited to: use of salvaged base metal or metals, their compounds or combinations; use of salvaged rope, bags, rags, glass, rubber, lumber, millwork, brick, automobiles, and similar property which are used, owned, or possessed for the purpose of wrecking or salvaging parts therefrom.

“Kennel” means any establishment at which five or more dogs, cats, or other domestic pets are bred or raised for sale or boarded or cared for, commercially, or on a nonprofit basis; not including establishments which are primarily intended to provide animal dental, medical, or surgical care, or quarantine quarters.

“Land development” means the division of land into lots or parcels, the construction of structures, or initiation of a use on a property.

“Lodging house” means a building where, for compensation and by prearrangement for definite long-term periods, lodging only is provided for three or more but not exceeding 20 persons.

“Lot” means a piece, parcel, plot, tract, or area of land occupied or capable of being occupied by one or more principal buildings, and the accessory buildings or uses customarily incidental to them, and including the open spaces required under this title, and having its principal lot frontage on a street as shown on a recorded subdivision plat or having a deed recorded by a metes and bounds description.

“Lot area” means the total horizontal area within the boundary lines of a lot (typically width multiplied by depth).

“Lot, corner” means a lot abutting two intersecting streets where the interior angle of intersection does not exceed 135 degrees. The shorter of the two street frontages of such lots is considered the front of the parcel unless otherwise determined by the planning and zoning administrator.

“Lot coverage” means the percentage of the area of a lot which is occupied by covered structures.

“Lot depth” means the shortest horizontal distance between the midpoint of the front lot line and the mid-point of the rear lot line.

“Lot, interior” means any lot which is not a corner lot.

“Lot line, front” is the line demarcating the separation between the street right-of-way and the front yard of the lot. On corner lots, the shorter frontage is the front of the lot unless determined otherwise by the planning and zoning administrator.

“Lot line, rear” is a dividing line between two lots, or between a lot and an alley, provided the alley runs generally parallel to the front lot line.

“Lot line, side” means any lot line which is not a front or rear lot line; a line dividing a lot from an adjacent lot.

“Lot size” means the area contained within the lines separating one property from other ownerships.

“Lot width” means the distance between the side lot lines measured at the front property (lot) line.

“Manager” means the Taylor town manager.

“Manufactured home” means a structure, as further defined in A.R.S. section 41-2142(24), built in accordance with the HUD Act of June 15, 1976, at a site other than where it is intended to be used; as opposed to a “factory-built modular building,” which is constructed in accordance with the International Building Code. Manufactured homes are built on a permanent chassis, capable of being transported in one or more sections, and designed to be used with a permanent foundation as a dwelling when connected to on-site utilities. A “manufactured home” is not a “mobile home,” a “recreational vehicle,” or a “factory-built building.” Placement and use of a manufactured home within the town limits shall be subject to TTC 18.60.130.

“Manufactured home, multi-section” means a structure meeting the definition of a manufactured home, except that it is transported and assembled as two or more sections which are intended to be joined together to form a single dwelling unit.

“Manufactured home rental community” means a parcel of land under single ownership on which three or more manufactured or rehabilitated mobile homes are occupied as residences, regardless of whether or not a charge is made for use of the property. In addition to manufactured and rehabilitated mobile homes, such parks may include facilities intended to serve the needs of persons residing within the park and buildings and structures customarily incidental to the residential use of the property including such things as common buildings, offices, storage sheds, carports, swimming pools, awnings, and garages.

“Manufactured home space” means an area within a manufactured home rental community designed for the accommodation of one manufactured home, together with its accessory structure(s).

“Manufacturing” means the creation of products either with machinery or by and according to an organized plan and with the division of labor.

“Manufacturing, light” means the fabrication of and/or assembly of goods from previously prepared materials.

“Mining” means the extraction of sand, gravel, or other material from the land in the amount of 400 cubic yards or more and the removal thereof from the site without processing.

“Mini-storage” (also known as a mini-warehouse) means a building or group of buildings in a controlled access and fenced or screened compound that contains relatively small storage spaces of varying sizes and/or spaces of varying sizes and/or spaces for recreational vehicles or boats, having individual, compartmentalized and controlled access for the dead storage of excess personal property of an individual or family generally stored in residential accessory structures, when such building or group of buildings are not located on the lot of the residence.

“Mobile home” means a structure, as further defined in A.R.S. section 41-2142(26), built prior to the HUD Act of June 15, 1976, on a permanent chassis, capable of being transported in one or more sections, and designed to be used with, or without, a permanent foundation as a dwelling when connected to on-site utilities. A mobile home is not a “manufactured home,” a “recreational vehicle,” or a “factory-built” building. Placement and use of a mobile home is subject to the regulations of TTC 18.60.130.

“Mobile home space” means an area within a manufactured home rental community designed for the accommodation of one rehabilitated mobile home, together with its accessory structure(s).

“Model home” means a home constructed to display a builder’s for sale or lease units but which does not serve as a dwelling unit.

“Modular building” means an IBC “factory-built building,” designed to be anchored to a permanent foundation as required by the town. See also “Factory-built modular home.”

“New construction” means structures for which the “start of construction” commenced on or after the effective date of the ordinance codified in this title.

“Nonconforming use” (also known as a “grandfathered” use) means the lawful use of any building or lot existing at the effective date of the ordinance codified in this title or amendments thereto as they become effective, which does not conform to the use regulations of the zone in which it is located.

“Noxious matter or material” means material capable of causing injury to living organisms by chemical reaction or capable of causing detrimental effects on the physical or economic well-being of individuals.

“Offices” means structures, or portions of structures, in which commercial activities take place but where goods are not produced, sold, or repaired. These include banks, general and professional offices, governmental offices, insurance offices, real estate offices, taxicab offices, but not taxi stands, travel agency or transportation ticket offices, telephone exchange, utility offices, radio broadcasting and similar uses.

“Ordinance” means the town of Taylor zoning ordinance.

“Overlay zone” means a zone superimposed upon an underlying zone which establishes special requirements in addition to, or in lieu of, those of the underlying zone. Development or use of land or structures must conform to the requirements of both zones or the more restrictive of the two, if in conflict.

“Parking space” means a permanently surfaced area, enclosed or open, of not less than nine feet in width and having an area of not less than 180 square feet accessible to a street or alley and permitting ingress and egress of an automobile.

“Parking space, off-street” means a space designated for the temporary parking of a motor vehicle, not on the right-of-way or alley but accessible from a street or alley.

“Personal and convenience services” means businesses offering services such as barber shops, beauty shops, laundromats, laundry and dry-cleaning pickup and delivery stations, and similar uses.

“Persons” includes any individual or group of individuals, corporations, partnerships, associations, or any other organized group of persons, including state and local governments and agencies thereof.

“Planning and zoning administrator” means the town manager, or a designee, whose principal duty is enforcement of this title.

“Planning and zoning commission (planning commission)” means the planning and zoning commission of the town of Taylor, whose principal duty is the guidance of the development of the town of Taylor and the enforcement and oversight of this title, as defined and regulated by this title.

“Political billboard” means a billboard that advertises a candidate or an issue which is to be voted on in a local, state, or federal election.

“Premises” means the contiguous land in the same ownership or control which is not divided by a street.

“Property, personal” means property, other than real property, consisting of things temporal and movable.

“Property, real” means property consisting of buildings and/or land.

“Public and quasi-public uses” means any use or property that is owned, operated, managed by, or otherwise serves the interest of any governmental agency or entity, such as the town of Taylor, Navajo County or any state or federal agency. Includes, but is not limited to, parks, Town Hall, rodeo grounds, sanitation facilities, fire stations, cemeteries, etc.

“Recorded” means recorded with the Navajo County (Arizona) recorder.

“Recorder” means the Navajo County (Arizona) recorder’s office.

“Recreational vehicle (RV)” means a vehicular type of unit, as defined in A.R.S. section 41-2142(30), which is:

1. A portable camping trailer mounted on wheels and constructed with collapsible partial side walls which fold for towing by another vehicle and unfold for camping.

2. A motor home designed to provide temporary living quarters for recreational, camping or travel use and built on or permanently attached to a self-propelled motor vehicle chassis or on a chassis cab or van that is an integral part of the completed vehicle.

3. A park trailer built on a single chassis, mounted on wheels and designed to be connected to utilities necessary for operation of installed fixtures and appliances and having a gross trailer area of not more than 320 square feet and not less than 400 square feet when it is set up, including “park models.” Does not include fifth wheel trailers.

4. A travel trailer mounted on wheels, designed to provide temporary living quarters for recreational, camping or travel use, of a size or weight that may or may not require special highway movement permits when towed by a motorized vehicle and having a trailer area of less than 320 square feet, including fifth wheelers.

5. A portable truck camper constructed to provide temporary living quarters for recreational, travel or camping use and consisting of a roof, floor, and sides designed to be loaded onto and unloaded from the bed of a pickup truck.

“Recreational vehicle (RV) rental community” means a property under single ownership on which three or more recreational vehicles are occupied as temporary residences, regardless of whether or not a charge is made for such residency. Such parks may include a park office, recreational facilities, enclosed areas for maintenance of equipment and facilities, a convenience store to serve the needs of the residents, and other structures customarily incidental to the principal use including storage sheds and garages.

“Residential facility” means a single residential structure having common kitchen facilities, and occupied by six or fewer persons having developmental disability and living together for the purpose of residential training, observation and/or common support, in which care is given on a 24-hour-per-day basis. The limitation of six or fewer persons does not include the operator of a residential facility, members of the operator’s family, or persons employed as staff, except that the total number of all persons living at the residential facility shall not exceed eight.

“Residential treatment center” means a facility providing structured treatment with daily 24-hour supervision for clients who require extensive therapeutic counseling and activity, staff supervision, training in activities of daily living or support and assistance.

“Restaurant” means any restaurant, drive-in restaurant, coffee shop, cafeteria, short-order cafe, luncheonette, tavern, sandwich stand, drugstore, and soda fountain serving food, and all other eating and drinking establishments; provided, that at least one-half of the total sales are derived from the sale of food.

“Ringelmann chart” means the chart published by the U.S. Bureau of Mines for grading the density of smoke. (See Appendix.)

“Scenic roadsides” include those land areas within the municipal limits which lie within the viewshed of either side of the outermost edge of any of the roads, which are of uncommon visual importance or scenic attractiveness.

“School” means any pre-primary, primary or grammar, public, parochial or private school, high school, charter school, preparatory school or academy, public or founded, or owned or conducted by or under the sponsorship of a religious or charitable organization; private preparatory school or academy furnishing courses of instruction substantially equivalent to the courses offered by public high schools for preparation of admission to colleges or universities which award B.A. or B.S. degrees; junior college or university, public or founded or conducted by or under the sponsorship of a religious or charitable organization; or private school when not conducted as a commercial enterprise for the profit of individual owners or stockholders.

“Screening” means a solid or nearly solid barrier (i.e., wall, fence, plants) constructed or installed for the purpose of visual separation.

“Setback” means the horizontal distance between the front line of a building and the street right-of-way line or lot line.

“Setback line” means that line that is the required minimum distance from the street right-of-way line or any other lot line that establishes the area within which the principal structure must be placed.

“Sewer, public” means any sanitary sewer line owned and maintained by the town, whether or not installed by the town.

“Sewer system, community” means any sanitary sewer system, whether treatment plant, septic tank or lagoon, designed with a sewer collection system to be used by a legally constituted association of property owners. The system may or may not be a public system.

“Shopping center” means any grouping of two or more principal retail uses, whether on a single lot or on abutting lots under multiple or single ownership and whether contained in one building or multiple buildings.

“Sign” means any device for visual communication, including part or all of any structure, or natural object, that is used for the purpose of bringing the subject concerned to the attention of the public, but not including any sign of any governmental agency, or any flag, badge or insignia of any governmental, civic, charitable, religious, patriotic, fraternal, or similar organization.

“Sign, attached (wall)” means a sign fastened to or painted on a structure in such a manner that the structure becomes the supporting structure for or forms the background surface of the sign, and which does not project more than 12 inches from the surface of such structure.

“Sign, detached (freestanding)” means any nonmovable sign not affixed to a building and mounted on its own self-supporting frame, including the following types:

1. “Ground” means any freestanding sign, other than a pole or monument sign, placed upon or supported by the ground independent of any other structures except footings.

2. “Pole” means any freestanding sign that is mounted on a pole or other support so that the bottom edge of the sign face is six feet or more above grade.

3. “Monument” means any freestanding sign that does not exceed 10 feet in height, has a solid base equal to at least half of the width of any sign area, and is constructed so as to represent an integral structure.

“Sign height” means the vertical distance measured from grade at the edge of the adjacent right-of-way to the highest point of the billboard.

“Sign, nameplate” means a sign that indicates the address, name and/or title of the persons residing at the dwelling to which it is associated.

“Sign, obsolete” means any sign which no longer correctly directs or exhorts any person, advertises a bona fide business, lessor, owner, product, activity, or product available on the premises where such sign is displayed.

“Sign, off-premises” means a sign which directs attention to a business, commodity, service, entertainment establishment, or other activity or phenomenon not exclusively related to the premises on which the sign is located. Also known as “billboards.”

“Sign, on-premises” means a sign which directs attention to a business, profession, or activity conducted on the property on which the sign is located.

“Sign, portable” means a sign that is not permanent, affixed to a building, structure or the ground.

“Sign, temporary” means a sign or advertising display constructed of cloth, canvas, fabric, plywood or other light material and designed or intended to be displayed for a short period of time.

Site Plan. See TTC 18.75.050(C)(2).

“Stable, private” means any building or structure on a lot where horses are kept which is designed, arranged, used or intended for the private use of the owner of the lot.

“Stable, public” means any building or structure on a lot where horses are kept for remuneration, hire or sale.

“Start of construction” means the first placement of permanent construction of a structure (other than a manufactured or mobile home) on a site, such as the pouring of slabs or footings or any work beyond the stage of excavation. Permanent construction does not include land preparation, such as clearing, grading and filling; nor does it include the installation of streets and/or walkways; nor does it include excavation for a basement, footings, piers, or foundations or the erection of temporary forms; nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not as part of the main structure. For a structure (other than a mobile home) without a basement or poured footings, the “start of construction” includes the first permanent framing or assembly of the structure or any part thereof on its piling or foundation.

“Story” means that portion of a building included between the surface of any floor and the surface of the next floor above; or if there is no floor above, the space between such floor and the ceiling above.

“Street” means a right-of-way other than an alley, dedicated or otherwise legally established for public use, usually affording the principal means of access to abutting property.

“Street, arterial” means a street with access control, signals at important intersections and stop signs on the side streets and restricted parking designed to primarily distribute traffic.

“Street, collector” means a street which carries (collects) traffic from local streets and connects with minor or major arterial streets.

“Street frontage” means any property line separating a lot from a street; the front lot line.

“Street, local” means a street designed to provide vehicular access to abutting properties and to discourage through traffic.

“Street, public” means any street which has been dedicated or is otherwise publicly owned by the town. Any street not a public street shall be deemed a private street.

“Structure” means anything constructed or erected with fixed location on the ground, or attached to something having a fixed location on the ground; including, but not limited to, dwellings, buildings, towers, swimming pools, walls, fences, and billboards.

“Structure alteration” means any change in the supporting members of a building, such as bearing walls or partitions, columns, beams, or girders, or any change in the exterior walls or roof.

“Structure, principal” means the structure which accommodates the principal use on a property.

“Structure, temporary” means anything constructed or erected which is readily moveable and intended to be used for a period not exceeding 180 consecutive days.

“Town” means the town of Taylor.

“Townhouse” means a single-family dwelling constructed as part of a series of dwellings, all of which are either attached to the adjacent building and/or buildings by party walls, or are located immediately adjacent thereto without any visible separation between walls or roof; all of which may be located on individual and separate lots if individually owned, or upon a single lot if under common ownership.

“Townhouse cluster” means a building consisting of three or more noncommunicating, attached one-family units placed side by side and/or back to back having a common wall between each two adjacent dwelling units.

“Use” means the purpose for which land or a structure is occupied, maintained, arranged, designed, or intended.

“Use, conditionally permitted” means either a public or private use as listed herein which, because of its unique characteristics, cannot be properly classified as a permitted use in a particular district. After consideration in each case of the impact of such use upon neighboring land and of the public need for the particular use at the particular location, a permit for such conditional use may or may not be granted, with or without conditions, in addition to any condition specifically stated in this title for any particular conditional use, including time limits, pursuant to the requirements of this title. A conditional use may be a principal use or an accessory use.

“Use, nonconforming” means an existing use of land or building which was legal prior to the effective date of the ordinance codified in this title but which fails to comply with the requirements set forth in this title applicable to the zone in which such use is located.

“Use, permitted” means a use which is lawfully established in a particular district or districts and which conforms to all requirements, regulations, and performance standards of such district. A permitted use may be a principal use or an accessory use.

“Use, principal” means a use or structure which determines the predominant or major use of the lot on which it is located. The principal use shall be that use which establishes the character of the property relative to surrounding or adjacent properties. A principal use may be either permitted or a conditional use.

“Use, temporary” means a use established for a fixed period of time with the intent to discontinue such use upon the expiration of the time period.

“Variance” means a modification or variation of the provisions of this title as applied to a specific piece of property. Dimensional variances only may be allowed; no variance regarding use of property shall be permitted and no variance decreasing lot area requirements shall be allowed. A variance may be permitted only by the board of adjustment.

“Variance, dimensional” means departure from the terms of the zoning regulations pertaining to height or width of structures and size of yard and open spaces where such departure will not be contrary to the public interest and where, owing to conditions peculiar to the property because of its size, shape or topography and not as a result of the action of the applicant, the literal enforcement of the zoning regulations would result in unnecessary and undue hardship.

“Viewshed” means an area visible from the road that provides vistas over water or across expanses of land, such as farmland, woodlands, coastal wetlands, mountaintops or ridgelines. 

Vision Triangle. At the intersection of any two streets, the “vision triangle” shall be defined as an area with the following boundary: Beginning at the intersection of the ROW limits at any street corner, thence to a point 25 feet (35 feet if posted speed limit is over 35 mph) on street along the front lot line, thence to a point 25 feet along the corner side lot line, then connecting those two points by a line that runs diagonally across the corner.

“Wall, party” means a wall of a building or structure which is common to two or more buildings.

“Warehouse” means an enclosed building designed and used primarily for the storage of goods and materials.

“Wrecking yard” means a place, lot or area where the primary function is that of dismantling, storage, abandonment or sale of goods and materials as parts or scraps.

“Yard” means the open space at grade level between a building and the adjoining lot line which is unobstructed by any portion of a structure from ground upward.

“Yard, corner side” means a yard on a corner lot which extends across the side width of the lot, and being the minimum horizontal distance between the side lot line and the principal structure.

“Yard, front” means a yard extending across the front width of a lot, and being the minimum horizontal distance between the front lot line and the principal structure.

“Yard, rear” means a yard extending between the side yards of a lot or between the side lot lines in the absence of side yards, and being the minimum horizontal distance between the rear lot line and the rear of the principal structure. On corner lots and interior lots the rear yard is in all cases at the opposite end of the lot from the front yard.

“Yard, side” means the yard between the building and the side lot line of a lot extending from the front yard to the rear lot line, or along the full depth in the absence of front and rear yards and being the minimum horizontal distance between a side lot line and the side of the principal structure. An interior side yard is defined as the side yard adjacent to a common lot line.

“Zoning clearance” means certification by the planning and zoning administrator that the proposed use or structure meets the requirements of this and every other applicable town of Taylor ordinance.

“Zoning district” means any portion of the town of Taylor in which the same zoning regulations apply. Also known as “zone.” [Ord. 2016-02 § 1; Ord. 60 § 5, 2001; Ord. 48 § 2, 1998. Code 1983 § 12-8-2.]