§ 5. Definitions.

Words used in the present tense include the future tense, and words used in the future tense include the present tense; the singular number includes the plural number, and the plural number includes the singular number. The word "shall" is mandatory, and the word "may" is permissive.

Abutting. Touching.

Access. A way of approaching or entering a property primarily devoted to vehicular use from a public street, highway or to a private street or access easement. Access includes ingress and egress.

Accessory Building or Use. A subordinate building or use which is incidental to and customary in connection with the principal building or use and which is located on the same lot with such principal building or use.

Adult Amusement Establishment. Reference Section 17.5 of this ordinance.

Adult Bookstore. Reference Section 17.5 of this ordinance.

Adult Photo Studio. Reference Section 17.5 of this ordinance.

Adult Theater. Reference Section 17.5 of this ordinance.

Agricultural Assistant. A person engaged in agricultural activities and occupying a mobile home in accordance with the regulations of the A-1 and A-2 Rural Agricultural Zones.

Alley. A public way permanently reserved as a secondary means of access to abutting property.

Amateur Radio Antenna/Tower. A free-standing, guyed or building-mounted lattice construction or tubular metal tower or similar type construction, including antennas and appurtenances intended for radiowave communication purposes by a person holding a valid amateur radio ("ham") license issued by the Federal Communications Commission.

Animal Clinic. An establishment where animals are admitted for examination and treatment and may be kept overnight.

Apartment. One or more structures containing two or more dwelling units each.

Architecturally Integrated Wireless Telecommunications Facility. A wireless telecommunications facility which is camouflaged into the structure on which it is located by means of color, texturing, architectural treatment, massing, size, design, and/or shape.

Automobile Dismantling Yard. A premises on which is conducted the dismantling of automobiles; there may be the selling of automobile parts and the storage of inoperative automobiles awaiting dismantling or removal.

Bathroom. A room containing a wash basin and water closet. Rooms referred to locally as one-half or three-quarter baths are one bath for the purpose of this ordinance.

Bed and Breakfast House. Means a dwelling unit containing at least one but not more than two guest rooms where lodging is provided, with or without meals, for compensation.

Billboard. Sign, off-premises. A sign which advertises a product, place, activity, person, institution or business not located on the site where the sign is located and which is supported by structural steel uprights and conforms to all physical requirements prescribed by the Outdoor Advertising Association of America and/or the Eight Sheet Outdoor Advertising Association.

Board of Adjustment. The Board of Adjustment of Bernalillo County, New Mexico, also serves as the County Planning Commission.

Boardinghouse or Lodginghouse. A dwelling other than a hotel or apartment, where, for compensation and by prearrangement for definite periods, lodging with or without meals is provided for five or more persons, not members of the family, but not exceeding 20 persons.

Building. Any structure having a roof supported by columns or walls built for the support, shelter, or enclosure of persons, animals, chattels, or property of any kinds, but not including any vehicle, trailer, (with or without wheels), not any movable devise, such as furniture, machinery or equipment. When any portion of a building is completely separated from any other portion thereof by a division wall without openings or by a fire wall, then each such portion shall be deemed to be a separate building.

Building, Height of. The vertical distance from the grade to (a) the highest point of a flat roof, (b) the deckline of a mansard roof, or (c) the average height between eaves and ridge for gable, hip, and gambrel roofs.

Building, Main. The building occupied by the principal use of the property.

Building or Use Permit. The certificate issued by the Zoning Administrator, required by Subsection C of the Administrative Section hereof.

Business. A legal entity operating an enterprise in a space separate from any other enterprise. All related uses shall be accommodated on site with the building or use served.

Carport. A permanent roof structure attached to a dwelling unit for parking or storage of private vehicles.

Central Urban Area. An area designated "Central Urban" on the Albuquerque/Bernalillo County Comprehensive Plan Map.

Church. A building for public or private worship; or a body or organization of religious believers.

Clinic. See Medical Clinic or Animal Clinic.

Club. Buildings and facilities owned or operated by a corporation, association, person, or persons for a social, educational or recreational purpose, but not primarily for profit and not primarily to render a service which is customarily carried on as a business.

Cluster Housing Development. A form of development that permits a reduction in lot area and bulk requirements, provided there is no increase in the number of lots permitted under a conventional subdivision or increase in the overall density of development, unless otherwise permitted by a policy adopted as part of an Area Plan, Sector Development Plan, or Master Plan and the remaining land area is devoted to open space, active recreation, or preservation of environmentally sensitive areas or agriculture.

Collocation. The location of more than one wireless telecommunications facility on the same structure by more than one wireless telecommunications facility owner, or the location of one or more wireless telecommunications facility on a public utility structure.

Commercial Animal Establishment. Any establishment or premises, operating for profit, where six or more dogs and/or cats or aggregate thereof, over four months of age are boarded, kept, or maintained for any purpose whatsoever; it includes kennels, grooming parlors, pet shops, animal hospitals and breeders.

Commercial Vehicle. Any vehicle designed or used primarily for commercial activity, including but not limited to vehicle towing, food service, and passenger or merchandise transfer.

Community Garden. A private or public facility or open area for cultivation of fruits, flowers, vegetables, or other plants by more than one person or family.

Concealed Wireless Telecommunications Facility. A wireless telecommunications facility that is architecturally integrated with existing buildings, structures, and landscaping, including height, color, style, massing, placement, design, and shape, and which does not stand out as a wireless telecommunications facility.

Conditional Use. A use permitted in a zone with approval of the Zoning Administrator.

Contiguous. Abutting or separated only by an alley.

Contractor. One that contracts or is a party to a contract, one that contracts to perform work or provide services or supplies on a large scale including but not limited to general contractor, road contractor, lath and plaster contractor, plumbing contractor and truck hauling.

Contractor's Yard. A premises where equipment, materials and supplies are stored, kept, and/or maintained in connection with a contracting operation.

Courtyard. An open space more than one-half surrounded by buildings.

Customarily Incidental Use. An incidental use customarily found within the zone and not listed as a permissive, conditional or special use in this ordinance.

Day Care Center. A facility which provides care, services, and supervision to seven or more children for a period of less than 24 hours of any day. A Day Care Center may be located in any building which meets the applicable state and local building and safety codes.

Day spa. A commercial establishment, other than an adult amusement establishment, that offers beauty, health or therapeutic treatments that can be started and completed in a single session, either by the hour or by the day. Overnight accommodations are not provided.

Developing Urban Area. An area designated "Developing Urban" on the Albuquerque/Bernalillo County Comprehensive Plan Map.

Drainage Plan. A detailed drainage plan, prepared by a New Mexico registered engineer competent in the area of surface hydrology and hydraulics to properly address how drainage will be handled on a specific site.

Drive-In Restaurant. A restaurant or refreshment stand which has one or more of the following:

1.

No inside tables or counters for customer eating.

2.

Carhop service for parked vehicles in specially equipped stalls for this purpose.

3.

Outside tables which are not completely surrounded by a building or fence at least six feet high.

Dwelling Unit. A room or suite of rooms with kitchen and bath facilities designed as a unit for occupancy by one family.

Electromagnetic Interference. Disturbance caused by intruding signals or electrical current.

Established Urban Area. An area designated "Established Urban" on the Albuquerque/Bernalillo County Comprehensive Plan Map.

Existing Vertical Structure. Any structure for which a building permit has been issued, including a tower or antenna for which a building permit has been issued by the county but which has not been constructed provided approval by the county has not expired, including a tower and antenna that has been given an approval prior to the effective date of this ordinance and which is not found by the county to be contrary to the purposes of this ordinance, or any other vertical structure.

Face-Mounted Wireless Telecommunications Antenna. An antenna attached to and covering a small portion of the surface of a building, which is architecturally integrated into the building and supporting structure.

Family. One or more persons occupying a premises and living as a single housekeeping unit as distinguished from a group occupying a boardinghouse, lodging house or hotel, not exceeding 12 people.

Family Day Care Home. An occupied dwelling in which a person provides care, services, and supervision for at least three but not more than six children for a period less than 24 hours of any day. The residents providers children who are age six or older shall not be counted for this definition.

Farmers Market. An occasional or periodic market held in an open area or in a structure where groups of individual sellers offer for sale to the public such items as fresh produce, seasonal fruits, fresh flowers, arts and craft items, and food and non-alcoholic beverages (but not to include second-hand goods).

Feedlot. A place of confinement for cattle, sheep or swine, corralled, penned, or otherwise caused to remain in pens or corrals where feeding is other than grazing and which is operated as a commercial enterprise as the primary use.

Floor Area. The gross horizontal areas of the several floors including basement, cellars, and penthouses (but excluding such areas within a building which are used for parking), measured from the exterior faces of the exterior walls of a building.

Floor Area Ratio. The total amount of floor area within the structure(s) divided by the area of the site.

Freestanding Wireless Telecommunications Facility. A wireless telecommunications facility that consists of a stand-alone support structure, antennas, and associated equipment. The support structure may be a wooden pole, steel monopole, lattice tower, or similar structure. This does not include a wireless telecommunication antenna that is mounted on a public utility structure or light standard.

Frontage. The distance along a street line from one intersecting street to another, or from one intersecting street to the dead end of a dead-end street.

Future Street Line. A line running more or less parallel to the center line of certain existing or proposed streets as established by the county for the purpose of delineating the future widths of street rights-of-way.

Garage. A building or portion thereof, designed or used for equipping, servicing, repairing, hiring, selling, storing or parking motor-driven vehicles. The term "repairing" shall not include the dismantling, or storage of wrecked or junked vehicles.

Grade. The average of the finished ground level at the center of all walls of a building. In case the walls are parallel to and within five feet of a sidewalk, the ground level shall be measured at the sidewalk or at the center of such wall nearest the sidewalk.

Greenhouse. A type of accessory or primary building or structure used for the growing of plants.

Group Home. A residence providing full-time supervision and training in daily living activities to up to ten residents; no infant care is provided.

Guest Ranch. A resort providing recreation and entertainment to vacationers.

Home Occupation. Any occupation or activity clearly incidental and secondary to use of the premises for a dwelling. There shall be no exterior display, no exterior storage of materials, no nuisances emitted from the premises and no other exterior indication of the home occupation or variation from the residential character of the main building. The home occupation shall not be open to the public (clients, customers, patients, patrons, or similar individuals or groups) unless specifically approved as a Conditional Use. Only members of the residing family are employed, unless approved as a Conditional Use for a single, additional employee. Not more than 25 percent of the floor area is devoted to the home occupation, nor more than 600 square feet of accessory building.

Hospital for Human Beings. An establishment that provides through an organized medical staff and permanent facilities that include inpatient beds, medical services, and continuous licensed professional nursing services, diagnosis and treatment, both surgical and nonsurgical, for patients who have any of a variety of medical conditions, including mental illness. A facility licensed by the State of New Mexico as a general, limited, or special hospital is presumed to be a hospital for human beings.

Hotel. A building in which lodging, or boarding and lodging, are [is] provided and offered to the public for compensation, and in which ingress and egress to and from all rooms is made through an inside lobby or office supervised by a person in charge at all times. As such, it is open to the public in contradistinction to a boardinghouse, a lodginghouse, or an apartment house, which are herein separately defined.

Incidental Use. A use which is appropriate, subordinate, and customarily incidental to the main use of the lot.

Inoperative Vehicle. A vehicle which is not parked inside a building, is inoperative, and is wholly or partially dismantled.

Institution. A nonprofit establishment for public use.

Kitchen. Any room or portion thereof principally used, intended or designed to be used for cooking or the preparation of food. The presence of a range or oven, or utility connections suitable for servicing a range or oven, shall normally be considered as establishing a kitchen.

Landscape Buffer. A strip of landscaped land established by the Landscaping and Buffer Landscaping Regulations to protect one type of land use from another with which it is incompatible.

Landscape Plan. An accurate plan, drawn to scale, which outlines all proposed areas to be covered with impervious materials, proposed planting beds and vegetative ground cover area; specifies the location, size and species of all proposed trees and shrubs.

Landscaped Setback. The planting of at least one tree, 1½-inch minimum caliper measured at two feet above ground, per 30 linear feet of frontage and at least 75 percent of the area must be planted and maintained with live planting material.

Landscaping. The planting and maintenance of live plants and inorganic and manufactured materials including trees, shrubs, ground cover, flowers, or other low-growing plants that are native or adaptable to the climatic conditions of Bernalillo County. In addition, the landscape design may include limited inorganic and manufactured materials such as rocks, fountains, reflecting pools, works of art, screens, walls, fences, benches and other types of street furniture.

Ldn. Ldn means day/night equivalent sound level measured over a 24-hour period; it is equivalent in terms of sound energy to the level of a continuous A-weighted sound level with ten dB added to the nighttime levels. Ldn is computed pursuant to United States Environmental Protection Agency Standards and Procedures.

Living Quarters, Accessory. Living quarters within an accessory building containing one bedroom, one living room, one bathroom, one closet, one mechanical room, no kitchen facilities and to be occupied by no more than two persons, shall not be rented or otherwise used as a dwelling unit and does not exceed 500 square feet in area.

Lot.

a.

A tract or parcel of land platted and placed on the County Clerk's record in accordance with laws and ordinances; or

b.

A tract or parcel of land held in separate ownership as shown on the records of the County Clerk, prior to April 17, 1973, date of passage of the Bernalillo County Commission Ordinance No. 213.

Lot Area. The area of a lot exclusive of easement(s) for a private way or thoroughfare.

Lot, Corner. A lot abutting two or more streets at their intersection.

Lot, Double Frontage. Any lot with frontage on two parallel or approximately parallel streets.

Lot, Front Line of. The boundary of a lot bordering on a street. For the purpose of determining yard requirements on a corner lot, the narrower side bordering on a street is the front yard except that if the lot is square or nearly so (dimensions with a ratio of between 3:2 and 3:3), the owner may choose which of the two is to be considered the front yard.

Lot, Rear Line of. That boundary which is opposite and more or less parallel to the front lot line. In the case of an L-shaped or other irregularly-shaped lot where two or more lines are so located, all shall be considered to be rear lines, except such as may be within 50 feet of the front lot line, or which may be 20 feet or less in length. In the case of a lot which comes to a point at the rear, the rear lot line shall be that imaginary line parallel to the front lot line, not less than ten feet long, lying wholly within the lot farthest from the front lot line.

Lot, Width. The width of a lot at the front yard setback line.

Manufactured Home. A manufactured home or modular home that is a single-family dwelling with a heated area of at least 36 by 24 feet and at least 864 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 USC 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 (NMSA 1978, § 60-14-1 et seq.) and with the regulations made pursuant thereto relating to ground level installation and ground anchors.

Medical Clinic. An establishment where patients are not lodged overnight, but are admitted for examination and treatment by a group of physicians or dentists practicing together.

Mental Health Facility. A facility or institution for diagnosing, treating, caring for, or counseling people requiring mental health services. The facility or institution may include a public or private facility and residential facility, but does not include a dwelling unit.

Mobile Home. A vehicle without motive power, designed to be drawn by a motor vehicle and to be used as a temporary or permanent human habitation, including trailer coach, trailer home, and house trailer but not including Manufactured Home or Recreational Vehicle, whether the same be with or without wheels, and whether or not attached to or incorporated in a building and that part of any self-propelled vehicle, whether the same be with or without wheels, and whether or not attached to or incorporated in a building. Skirting is required in addition to a storage building of sufficient size to accommodate all outside storage.

Mobile Home Park. Any lot(s) issued a special use permit for a Mobile Home Park in accordance with Section 18 of this ordinance.

Mobile Home Space. An improved area within an approved mobile home park designated for the placement of a mobile home.

Motel. Any building or group of buildings containing guest rooms or dwelling units, some or all of which have a separate entrance leading directly from the outside of the building with a garage or parking space conveniently located on the lot, and designed, used, or intended wholly or in part for the accommodation of automobile transients. The term "motel" includes motor court, motor lodge, and tourist court, but not mobile home park.

Nonconforming. Any building or structure or portion thereof, or use of a building or land which does not conform to the zoning regulations and which lawfully existed on the effective date of those regulations with which it does not conform.

Nonprofit Animal Facility. Any facility or premises, not operating for profit, where six or more dogs and/or cats or aggregate thereof, over four months of age are kept or maintained; it includes shelters and refuges, with the exception of state inspected veterinary hospitals, federally inspected laboratory facilities and zoos.

Nursing or Rest Home. A home for the aged or infirm in which three or more persons not of the immediate family are received, kept or provided with food and shelter or care, for compensation, but not including hospitals, clinics, or similar institutions devoted primarily to the diagnosis and treatment of the sick or injured.

Office. A place where consulting, record keeping, the work of a professional person such as a physician or lawyer or a headquarters of an enterprise or organization; with incidental sales of goods or services.

Open Storage. Storage of any material, equipment or item outside an enclosed building.

Outdoor Live Entertainment. Any musical act, theatrical act, play, revue, scene, dance act, or song and dance act, or any combination thereof, performed by one or more persons, with or without compensation, whether recorded or live, with amplified sound, whether or not admission is charged.

Park. An area reserved for recreational, educational, or scenic purposes and designated as a park by the County.

Parking Lot. An area or structure used for temporary parking of automobiles and pickup-sized trucks, providing four or more parking spaces, not within the public right-of-way, none of which are required off-street parking.

Park Model Travel Trailer. A type of recreational vehicle designed as a dwelling unit intended for long term permanent placement built on a single chassis, mounted with or without wheels meant to remain in one location for extended periods of time.

Parking Space, Off-Street. An area at least eight feet, six inches in width and 20 feet in length, not permanently reserved, for the intermittent parking of one vehicle and connected to a street or alley by a driveway which affords ingress and egress for a vehicle without requiring another vehicle to be moved.

Permissive Use. A use permitted in a zone.

Person. Any individual, firm, co-partnership, joint venture, association, social club, fraternal organization, corporation, estate, trust, business trust, receiver, syndicate, political subdivision, or other group or combination, acting as a unit.

Planning commission. The Bernalillo County Planning Commission.

Premises. A lot, together with all buildings and structures thereon.

Public Right-of-Way. The area of land deeded, reserved by plat, or otherwise acquired by the City, the County, or the State of New Mexico, primarily for the use of the public, for utilities, and the movement of people, goods, and vehicles.

Public Utility Structure. A structure, owned by a unit of government or by a public utility company, which is an electric switching station; electric substation operating at voltages greater than 50 kilovolts; gas transfer station; city or county-owned lift station, odor control (or chlorine) station, water well or pump station or water reservoir; or any other similar public utility structure controlled by a rank two facility plan.

Readily Visible Wireless Telecommunications Facility. An object that stands out visually against its surroundings as a wireless telecommunications facility.

Recreational Camp. An institution devoted primarily to outdoor activities.

Recreational Vehicle. A vehicular unit not exceeding 40 feet in body length, eight feet in width, or 11 feet in overall height, primarily designed as a temporary living quarters for recreational, camping, or travel use; it either has its own motive power or is designed to be mounted on or drawn by an automotive vehicle. Recreational vehicle includes motor home, truck camper, travel trailer, and camping trailer.

Residential Zone. A-1, A-2, R-1, R-2, M-H zones and those portions of a Sector Development Plan designated as residential.

Restaurant. An establishment that prepares food in a kitchen and serves food and beverages which are consumed on its premises by customers seated at tables and/or counters either inside or outside the building thereon, and which may be engaged in providing customers with take-out service of food and/or non-alcoholic beverages for off-site consumption. A snack bar is not considered to be a restaurant. Sale of alcoholic drink is controlled by other provisions in this code and the New Mexico State statutes regarding alcoholic drink sales.

Roof-Mounted Wireless Telecommunications Facility. A wireless telecommunications facility placed on a rooftop through gravity mounts or other surface attachments and integrated into the natural rooftop profile of the building so as to resemble a permissible rooftop structure, such as a ventilator, cooling equipment, solar equipment, water tank, chimney, or parapet.

School. A place utilized by an organized body to educate, cultivate, or advance mentally or culturally, i.e.: private or public school, academies, universities, day care centers, instructions in crafts, fine art, dance, music, etc.

Sector Development Plan. A plan covering a specific portion of the unincorporated area of Bernalillo County that specifies standards for that area's development. A sector development plan may establish zoning regulations for an area that differ from those normally allowed, based on unique neighborhood conditions, including allowable uses, densities, building heights, landscap ing requirements, signs, parking or other items as determined by the Board of County Commissioners. A sector development plan must be consistent with the policies of the Albuquerque/Bernalillo County Comprehensive Plan and any applicable area plan adopted for the portion of the County affected by the sector development plan.

Semi-Urban Area. An area designated "Semi-Urban" on the Albuquerque/Bernalillo County Comprehensive Plan Map.

Service Station. Any land, building, structure, or premises used for the retail sale of motor vehicle fuels, oil or accessories, or for servicing or lubricating motor vehicles or installing or repairing parts and accessories, but not including the repairing or replacing of motors, bodies, or fenders of motor vehicles, or painting motor vehicles.

Setback. The shortest distance between a structure and the present or future street line or property line, or right-of-way line of private access road.

Shopping Center. A premises containing a group of commercial retail and service establishments located in a complex containing five or more acres.

Sign. An identification, description, illustration, or device which is affixed to or represented directly or indirectly upon a building, structure, or land, and which directs attention to a product, place, activity, person, institution, or business. A back to back sign or V-shaped sign or a billboard constitutes one sign if it employs a common set of supports and if the signs are at some point within ten feet of each other.

Sign, Off-Premises. A sign which directs attention to a product, place, activity, person, institution or business not located on the site where the sign is located, including portable signs.

Sign, On-Premises. A sign which directs attention to a product, place, activity, person, institution or business on the site where the sign is located, including portable signs.

Single-Family Dwelling. A building designed to be occupied by one family and containing one kitchen, unless otherwise approved as a conditional use, including manufactured homes and/or prefabricated, modular or sectional units meeting the requirements of the Bernalillo County Building Code, designed to be permanent structures, placed upon permanent foundations, and taxed as real property.

Site Development Plan. A plan, to scale, showing all existing and proposed development for a parcel of land (e.g. buildings, landscaping, parking, storm drainage facilities, signs) and schedule of development.

Snack Bar. An establishment that provides a snack where no food is prepared or cooked on the premises within a kitchen.

Solid Wall or Fence. A wall, fence or similar enclosure which is visually solid and is kept in good repair. It may include evergreen hedges, trees planted six feet or less apart depending on the type of trees, decorative walls which may have openings and provided the total area of all the openings in such walls does not exceed 25 percent of the total area of the surface of these walls and further provided these openings are evenly distributed over the entire surface of such walls.

Stand. A structure for display and sale of products with no space for customers within the structure itself.

Story. That portion of a building, other than a basement, included between the surface of any floor and the surface of the floor next above it; or, if there be no floor above it, then the space between such floor and the ceiling next above it.

Street. That portion of a public right-of-way or private way or thoroughfare which is primarily devoted to vehicular use. Such right-of-way or thoroughfare normally shall provide access to abutting property.

Structural Alterations. Any change except those required by law or ordinance, which would prolong the life of the supporting members of a building or structure, such as bearing walls, columns, beams or girders, not including openings in bearing walls as permitted by other ordinances.

Structure. Anything constructed or erected, the use of which requires permanent location on the ground or attached to something having a permanent location on the ground, including, but without limiting the generality of the foregoing, advertising signs, billboards, backstops for tennis courts, and pergolas, but not including tents or vehicles.

Townhouse. One of a group of two to eight attached dwelling units divided from each other by common walls, each having a separate entrance leading directly to the outdoors at ground level, and each located on its own, individual lot.

Truck Plaza. A site in excess of two acres providing specialized facilities for retail fueling services for large trucks; the site may include related facilities including, but not limited to, restaurants and overnight parking.

Truck Terminal. A property or building used primarily for the temporary parking of trucks of common or contract carriers during loading or unloading, including necessary warehouse space for storage of transitory freight.

Usable Open Space. An area on the same lot with a dwelling, in relation to which it serves to permanently provide light and air, as well as visual, psychological, and recreational needs for open space. Usable open space may include, but is not limited to, lawns, decorative plantings, native plants, open balconies, covered patios open on at least two sides, walkways, active and passive recreational areas, fountains, swimming pools, wooded areas, and water courses. Usable open space does not include public right-of-way, parking lots, off-street parking, driveways, other private vehicular surfaces, or buildings other than swimming pool rooms. Such space shall be available for entry and use by the residents involved.

Variance. A discretionary waiver from the zoning requirements to grant the property owner reasonable use of his land.

Vision Clearance. A triangular space at the street corner of a corner lot, which is bounded by the street right-of-way lines and a line connecting points located 25 feet distant from the intersection, or projected intersection, of the street right-of-way lines, within which no obstruction to view between three feet and eight feet above the street level shall be placed or maintained.

Watchman or Caretaker Residence. A mobile home, or manufactured home not placed on a permanent foundation, used as a temporary dwelling for security purposes on sites occupied by an active permitted non-residential use. No other residence may be located on the same lot or parcel and the watchman caretaker unit may not be used for commercial or office purposes.

Wireless Telecommunications Antenna. Any exterior transmitting or receiving device which may be mounted on a tower, building, or structure and used in communications that radiates or captures electromagnetic waves, digital signals, analog signals, radio frequencies (excluding radar signals), or other commercial signals. It includes, but is not limited to, a directional antenna (e.g. a panel, a microwave dish and satellite dish), and an omni-directional antenna (e.g. a whip), but does not include a non-commercial or amateur antenna.

Wireless Telecommunications Equipment Building or Cabinet. A building or cabinet in which the electronic receiving and relay equipment for a wireless telecommunications facility is housed.

Wireless Telecommunications Facility. A facility that transmits or receives signals or waves radiated or captured by a wireless telecommunications antenna. It may include: antennas of all kinds including microwave dishes and other types of equipment for the transmission or reception of such signals, telecommunications towers or similar structures supporting said equipment, equipment buildings or cabinets, parking area, and other accessory development.

Wireless Telecommunication Services. The provision or offering for rent, sale, or lease, or in exchange for other value received, of the transmittal of voice, data, image, graphic, and video programming information between or among points excluding only cable services.

Wireless Telecommunications Tower. A structure intended to support wireless telecommunications antennas. Examples of such structures include, but are not limited to, freestanding poles (e.g. monopoles, masts, poles, or guyed towers) and lattice construction steel towers.

Yard. An open space, other than a court, on a lot, unoccupied and unobstructed from the ground upward, except as otherwise provided in this ordinance.

Yard, Front. An open area, extending across the full width of a lot, the depth of which is the shortest distance between the front lot line and the front wall of the main building.

Yard, Rear. An open area, extending across the full width of a lot, the depth of which is the shortest distance between the rear wall of the main building and the rear lot line.

Yard, Side. An open area between the side lot line and the side of the main building, extending from the front yard to the rear yard.

Zone Map. A map delineating the zone boundaries.

Zoning Administrator. The official designated to enforce this ordinance as provided in the Administrative Section of this ordinance.

Zoning Certificate. The certificate required in Paragraph 3 of the Administrative Section, Subsection C hereof.

Zoning Commission. The County Planning Commission is the County Zoning Commission.

(Ord. No. 271, 8-20-74; Ord. No. 280, 10-15-74; Ord. No. 344, 5-18-76; Ord. No. 5-77, 5-17-77; Ord. No. 78-49, 7-18-78; Ord. No. 78-66, 10-3-78; Ord. No. 79-60, 10-16-79; Ord. No. 80-45, 11-18-80; Ord. No. 83-26, 7-19-83; Ord. No. 83-39, 10-18-83; Ord. No. 84-11, 2-21-84; Ord. No. 86-18, 6-24-86; Ord. No. 92-18, 12-15-92; Ord. No. 99-6, § 1, 5-11-99; Ord. No. 03-4, § 1, 6-24-03; Ord. No. 04-1, § 1, 1-13-04; Ord. No. 2006-3, § 1, 2-14-06; Ord. No. 2006-22, § 1, 9-26-06; Ord. No. 2008-4, § 1, 4-24-08; Ord. No. 2012-12, § 1, 6-26-12; Ord. No. 2013-15, 6-11-13; Ord. No. 2013-20, 10-22-13; Ord. No. 2014-11, 6-10-14; Ord. No. 2016-13, 4-12-16; Ord. No. 2017-22, 11-28-17)