(a)

Title. This ordinance shall be known as "The Zoning Ordinance of the City of Avondale, Arizona." Within the ordinance text, the following terms (whether capitalized or not) shall be synonymous with The Zoning Ordinance of the City of Avondale: "this ordinance," "Avondale Zoning Ordinance," "The Zoning Ordinance" and "these regulations."

(b)

Purpose, intent and applicability.

(1)

In its interpretation and application, the provisions of this ordinance shall be held to the minimum requirements adopted to implement and promote the General Plan and Specific Plans of the City of Avondale for the protection of its citizens.

(2)

Except where otherwise noted in this ordinance, the regulations contained in this ordinance shall govern the development and use of land and structures within the corporate limits of the city. No building, structure, or land shall be developed unless in conformity with all the provisions of these regulations for the Zoning District in which it is located and other applicable regulations. Any use not specifically permitted herein is prohibited.

(3)

The purpose of this ordinance is:

(A)

To promote the public health, safety and welfare.

(B)

To facilitate the adequate provision of transportation, water, sewer, schools, parks and other improvements.

(C)

To ensure orderly growth.

(D)

To lessen congestion in the streets.

(E)

To regulate the use of buildings, structures, and land for residential, agricultural, commercial, industrial and other purposes.

(F)

To establish land use classifications and to divide the city into districts.

(G)

To adopt a map of land use districts.

(H)

To regulate the location, height, bulk, number of stories and size of buildings and structures.

(I)

To regulate the size and use of lots, yards, setbacks, courts and other open spaces and to regulate the percentage of a lot which may be occupied.

(J)

To provide adequate open space for light, air, and recreation.

(K)

To establish standards for performance, aesthetics and design.

(L)

To establish procedures for zoning changes, use permits, variances, site plans and other permits and required approvals.

(M)

To prescribe penalties of violation of said ordinances.

(c)

Relationship to general plan, subdivision regulations, design manuals, and general engineering requirements manual. This ordinance and any amendments hereto shall be in conformance with the adopted General Plan and Specific Plans of the City of Avondale. The Zoning Ordinance, along with other regulations of the City of Avondale, including the adopted Subdivision Regulations, City of Avondale Design Manuals, and General Engineering Requirements Manual, as amended, are tools used to further the goals of the Avondale General Plan by regulating future development or redevelopment within the City of Avondale. Adherence to these documents shall be required.

(d)

Repeal and severability.

(1)

All ordinances or parts of ordinances in conflict herewith are hereby repealed.

(2)

Should any Section or provision of this ordinance be decided by a court of competent jurisdiction to be unconstitutional or invalid, such decision shall not affect the validity of the ordinance as a whole or any part thereof other than the part so decided to be unconstitutional or invalid.

(e)

Establishment of zoning districts. In order to promote the orderly development of the city and carry out the provisions of this ordinance and in order to classify, regulate, restrict, and separate the use of land, buildings and structures, the land within the city is hereby divided into the following Zoning Districts, as may be amended by the city council:

(1)

Residential zoning districts.

(A)

Agricultural (AG).

(B)

Rural Residential-43 (RR-43).

(C)

Rural Residential-18 (RR-18).

(D)

Suburban Residential-35 (R1-35).

(E)

Suburban Residential-15 (R1-15).

(F)

Suburban Residential-10 (R1-10).

(G)

Suburban Residential-8 (R1-8).

(H)

Urban Residential-7 (R1-7).

(I)

Urban Residential-6 (R1-6).

(J)

Urban Residential-5 (R1-5).

(K)

Multi-Family Residential-2 (R-2).

(L)

Multi-Family Residential-3 (R-3).

(M)

Multi-Family Residential-4 (R-4).

(N)

Manufactured Home Park (MH).

(2)

Commercial zoning districts.

(A)

Residential Office (R-O).

(B)

Commercial Office (C-O).

(C)

Neighborhood Commercial (C-1).

(D)

Community Commercial (C-2).

(E)

Freeway Commercial (C-3).

(F)

Old Town Avondale Business (OTAB).

(G)

Cashion Business (CBD).

(3)

Employment zoning districts.

(A)

Commerce Park (CP).

(B)

General Industrial (A-1).

(4)

Special zoning districts; overlay areas.

(A)

City Center District (CCD).

(B)

Major Sports and Entertainment District (MSED).

(C)

Special Use Overlay (SUO).

(D)

Historic Avondale Infill Overlay (HAIO).

(5)

Planned area development zoning districts (PAD).

(6)

Location and boundaries of districts.

The location and boundaries of zoning districts are established on a map entitled "The Zoning Atlas of the City of Avondale, Arizona" adopted by the city council (The Zoning Atlas of the City of Avondale, Arizona is also referred to herein as the "Zoning Map" or the "Zoning Atlas"). The zoning atlas accompanies and is incorporated into this ordinance as if set forth fully herein. If uncertainties exist with respect to the boundaries of any of the aforesaid districts as shown on the zoning map, the following rules shall apply:

(1)

Where a district boundary line is shown by a specific dimension, such specific dimension shall control.

(2)

Where a district boundary line is located within or along a street, alley, right-of-way or channelized waterway, the district boundary line shall be deemed to be the centerline such street, alley, right-of-way or channelized waterway.

(3)

Where a district boundary line is shown approximately following lot or property lines, the district property line shall be deemed to coincide with such lot or property line.

(f)

Non-conforming buildings, structures and uses. This article provides for the regulation of nonconforming buildings, structures, and uses. These regulations are designed to protect the rights of legally existing nonconforming uses, structures and buildings, but not to promote expansion or enlargement of such uses.

(1)

Non-conforming buildings and structures: Any building or structure that lawfully exists on the effective date of this ordinance or amendments hereto, but which could not be built under the terms of this ordinance because it does not meet lot coverage, height, setback or other development standards required of the zone in which it is located shall be considered a non-conforming building/structure and is subject to the regulations of this subsection 28-1(f). No structural or physical alteration shall be made to any non-conforming building or structure except as follows:

(A)

Routine repairs or maintenance of non-conforming buildings or structures shall be allowed.

(B)

A non-conforming building or structure that has been damaged by fire, flood or other calamity, may be reconstructed if such reconstruction is completed within twelve (12) months of such calamity. The zoning administrator may extend the twelve-month deadline if a delay in reconstruction was shown to be caused by unforeseen circumstances beyond the control of the owner of the premises.

(C)

Additions to non-conforming buildings or structures shall only be permitted if the added portion of the building or structure conforms to all development standards specified for the district in which it is located, except that;

i.

Non-conforming single-family dwellings may be expanded into required setbacks so long as the expansion does not encroach further into the required setback than the existing building.

ii.

Single-Family dwellings that are non-conforming because they do not meet current parking requirements may be expanded so long as the expansion meets current development standards for the district in which it is located.

(2)

Non-conforming uses: Any use of a building, a structure, or land that lawfully exists on the effective date of this ordinance or amendments hereto, but which could not commence under the terms of this ordinance because of restrictions on the use of a building, a structure or land in the zone in which it is located shall be considered a non-conforming use and is subject to the regulations of this section. A non-conforming use shall be allowed to continue operating in the manner it existed at the time it became non-conforming, subject to the following:

(A)

A non-conforming use shall not be expanded into additional building area or land area, even if the building area is allowed to be expanded as set forth in this subsection 28-1(f).

(B)

Whenever a non-conforming use has been discontinued or abandoned for a period of one (1) year, such use shall not thereafter be re-established and any future uses shall be in conformity with the provisions of the zone in which the property is located. Once changed to a conforming use, no building, structure, or land shall be permitted to revert back to a non-conforming use.

(C)

A non-conforming use that is forced to cease operations due to fire, flood or other calamity, may recommence within twelve (12) months of such calamity. The zoning administrator may extend the twelve-month deadline if a delay in recommencing was shown to be caused by unforeseen circumstances beyond the control of the owner of the premises.

Any person violating the provisions of this ordinance shall be subject to civil and criminal penalties. The owners, occupants, and authorized agents of property in violation of this ordinance may be held individually and jointly responsible for the violation, the prescribed civil and criminal penalties and for abating the violation. Each day a violation of this ordinance continues shall constitute a separate civil or criminal offense unless such violation involves a billboard, as defined by this ordinance, in which case the provisions of Ariz. Rev. Stat. § 9-462.02, as amended, shall apply. The procedures and remedies provided in this ordinance shall be cumulative and in addition to any other procedures and remedies to which the city may otherwise be entitled by law. Any violation of this ordinance is declared to be a public nuisance, and instead of, or in addition to, any civil or criminal enforcement measure authorized by this ordinance, may be enjoined or restrained by the city as other nuisances are abated under authority of the City Charter and applicable State law.

(a)

Evidence of identity; penalty for failure to provide. A person who fails or refuses to provide evidence of his or her identity to a duly authorized agent of the city upon request, when such agent has reasonable cause to believe the person has committed a violation of this ordinance, is guilty of a class 1 misdemeanor. Evidence of identity shall consist of a person's full name, residence address and date of birth.

(b)

Notice of violation.

(1)

The city manager or authorized designee shall seek voluntary compliance with the provisions of this ordinance before issuing a civil citation or criminal complaint, as applicable. This may include a written notice of violation served on the responsible person or persons.

(2)

A notice of violation may be issued by the code compliance manager, a code compliance officer, the zoning administrator, the chief building official, or the city manager or authorized designee.

(3)

A notice of violation shall include:

(A)

Identification of the property or location of the violation;

(B)

A statement of the violation(s) in sufficient detail to allow a responsible party to identify and correct the problem;

(C)

A re-inspection date; and

(D)

The name and phone number of the person at the city to contact for further information.

(4)

A notice of violation shall be deemed effective on the date when the written notice is:

(A)

Hand delivered to the owner, occupant, manager, or agent of the premises where the violation has occurred, or to the person responsible for the violation.

(B)

Posted on or about the entrance of the premises where the violation occurred.

(C)

Mailed by certified or first class mail, postage prepaid, addressed to the owner, occupant, agent, manager or responsible person at the last known mailing address.

(D)

Served on the owner, occupant, agent, manager or responsible person by any means allowed by the Arizona Rules of Civil Procedure for the Superior Court.

(5)

Failure of the responsible party, property owner, occupant, manager, or authorized agent of the property owner to receive a notice of violation shall not preclude the subsequent issuance of a civil citation or criminal complaint, as applicable.

(6)

Nothing in this Section shall prevent the city from taking immediate action to protect the public from an imminent hazard to health or safety as otherwise provided by law.

(c)

Civil citations.

(1)

If a violation continues past the time provided for voluntary compliance, a civil citation may be issued to the person responsible for the violation.

(2)

A civil citation may be issued by the code compliance manager, any code compliance officer, a police officer, or other city agent or employee duly authorized by the city manager.

(3)

The citation shall include the date of the violation, the location of the property and reference(s) to the section(s) of this ordinance violated.

(4)

The citation shall direct the defendant to pay the fine imposed pursuant to subsection 28-2(e) of this ordinance or appear in municipal court within ten (10) days of the issuance of the citation.

(5)

The citation shall provide notice that if the defendant fails to pay the fine or appear in municipal court as directed, a default judgment will be entered in the amount of the fine designated on the citation for the violation. In addition, a default fee may be imposed for failure to appear as set forth in subsection 28-2(e) of this ordinance.

(6)

The citation shall be served by delivering a copy to the defendant and will be deemed proper and complete by any of the following means:

(A)

Hand-delivering the citation to the defendant.

(B)

Mailing a copy of the citation by certified or registered mail, return receipt requested, to the defendant's last known address.

(C)

Any means allowed by the Arizona Rules of Civil Procedure for the Superior Court.

(d)

Civil procedure.

(1)

The defendant shall, within ten (10) days of the issuance of the citation, either pay the fine indicated on the citation or appear in municipal court to admit or deny the allegations contained in the citation.

(A)

The defendant may pay the fine in person or by mailing the citation with a check for the amount of the fine to the Avondale City Court. By paying the fine, the defendant admits the violation described in the citation and accepts responsibility for the offense.

(B)

The defendant may appear in person or through an attorney in the city court and either admit or deny the allegations contained in the citation. if the defendant admits the allegations, the court shall immediately enter a judgment against the defendant in the amount of the fine for the violation charged. If the defendant denies the allegations contained in the citation, the court shall set a hearing date for the matter.

(2)

If the defendant fails to pay the fine or appear in the city court as directed by the citation, the court shall enter a default judgment and impose the fine and default fee required by subsection 28-2(e) of this ordinance.

(3)

If the defendant fails to appear at the time and place set for hearing by the court, the court shall enter a default judgment and impose the fine and default fee required by subsection 28-2(e) of this ordinance.

(4)

The Arizona Rules of Procedure in Civil Traffic Violation Cases shall be followed by the Avondale City Court for civil violations of this ordinance, except as modified or where inconsistent with the provisions of this ordinance, local rules of the city court or rules of the Arizona Supreme Court.

(e)

Civil penalties.

(1)

Any person that violates this ordinance shall be subject to a civil penalty of two hundred fifty dollars ($250.00) base fine for the first violation, five hundred dollars ($500.00) base fine for a second violation and one thousand dollars ($1,000.00) base fine for a third violation in any twenty-four-month period. The dates of the offenses are the determining factor for calculating the twenty-four-month period.

(2)

Any defendant that fails to pay the fine or appear in the city court as directed by a citation issued pursuant to this ordinance, or who fails to appear at the time and place set for hearing of a matter arising under this ordinance, shall be subject to an additional default fee as established by the city court.

(3)

Any judgments issued by the Avondale City Court shall be subject to all surcharges and fees imposed by state law in addition to the civil fines required by this ordinance.

(4)

Judgments shall be collected in the same manner as any other civil judgment as provided by law.

(f)

Habitual offenders.

(1)

A person found to be responsible for three (3) or more civil violations of this ordinance within any twenty-four-month period shall be deemed to be a habitual offender. Responsibility may be determined by admission, by default judgment or by judgment after hearing. The dates of the offenses are the determining factor for calculating the twenty-four-month period.

(2)

A habitual offender who violates the provisions of this ordinance shall be guilty of a criminal offense and subject to the penalties set forth in subsection 28-2(i) below for each violation in excess of three (3) civil or criminal violations within a twenty-four-month period.

(g)

Criminal complaints. The code compliance manager or any other city agent or employee duly authorized by the city manager may seek the issuance of a complaint by a police officer or the Avondale City Prosecutor for criminal prosecution of any person who commits a criminal offense as set forth in this ordinance.

(h)

Criminal procedure. Every criminal action and proceeding under this ordinance shall be commenced and prosecuted in accordance with the laws of the State of Arizona relating to misdemeanors and the Arizona Rules of Criminal Procedure.

(i)

Criminal penalties.

(1)

Upon conviction of a person for a criminal offense, including the habitual offender provisions set forth above, the court may impose any combination of the following:

(A)

A sentence of incarceration not to exceed six (6) months in jail.

(B)

A base fine not to exceed two thousand five hundred dollars ($2,500.00), exclusive of penalty assessments prescribed by law.

(C)

A term of probation.

(2)

Notwithstanding the elective penalty above, upon conviction of a habitual offender, the court shall impose a base fine of not less than one thousand dollars ($1,000.00) for each count upon which a conviction is obtained.

(j)

Sign removal and repair.

(1)

The city may act to remove or repair a sign when warranted as follows:

(A)

Unsafe signs: The chief building official or any agent or employee of the city authorized by the city manager shall make the determination that a sign or sign structure is in an unsafe condition. If the sign owner or property owner does not comply with the notice of violation given under subsection 28-2(b) of this ordinance, the chief building official or any agent or employee of the city authorized by the city manager may have the sign removed or repaired at the expense of the sign owner or the property owner.

(B)

Public right-of-way and public property: The code compliance manager, a code compliance officer or any agent or employee of the city authorized by the city manager may remove or cause to be removed any sign placed or erected unlawfully on public property or within the public right-of-way. Prior notice of violation may be given, but is not required. Removal of the sign does not preclude issuance of a citation as set forth in subsection 28-2(c) of this ordinance.

(C)

Temporary signs: The code compliance manager, any code compliance officer or any agent or employee of the city authorized by the city manager shall have the authority to confiscate a temporary sign unlawfully displayed on private or commonly owned property when the owner or responsible party for the sign refuses or fails to comply with this ordinance. Removal of the sign does not preclude issuance of a citation as set forth in subsection 28-2(c) of this ordinance.

(2)

All costs incurred by the city for the removal or repair of a sign under this ordinance shall be reimbursed by the owner of the sign or the owner of the property on which the sign is located. The city may bring an action in municipal or superior court to recover these costs.

(3)

Signs removed by the city may be disposed of within the city's sole discretion. The city is not responsible for the storage and return of any sign removed in violation of this ordinance.

(k)

Transfer of ownership. It shall be unlawful for a person, firm or corporation found to be in conflict with this ordinance or in violation of any provisions of this ordinance who has received a compliance order or upon whom a notice of violation has been served to sell, transfer, mortgage, lease or otherwise dispose of such property to another until the provisions of the compliance order or notice of violation have been complied with, or until such owner shall first furnish the grantee, transferee, mortgagee or lessee a true copy of any compliance order or notice of violation issued by the code official and shall furnish to the code official a signed and notarized statement from the grantee, transferee, mortgagee or lessee, acknowledging the receipt of such compliance order or notice of violation and fully accepting the responsibility, without condition, for making the corrections or repairs required by such compliance order or notice of violation.

(a)

Building permit required. No building or other structure, unless excepted by the International Building Code, shall be erected, moved, added to, or structurally altered without a building permit issued by the city. No building permit shall be issued except in conformity with the provisions of this ordinance, which may require approval of an appeal or variance, a text or map amendment, conditional use permit or site plan.

(b)

Development review committee.

(1)

The development review committee is made up of the zoning administrator or designee and any other department representatives the zoning administrator deems necessary, including the chief building official or designee, the city engineer or designee, the chief of police or designee and the fire chief or designee. The zoning administrator or designee shall serve as secretary to the committee.

(2)

The zoning administrator shall determine which members of the development review committee shall review each type of development application.

(3)

Development review committee members shall review and comment on development review items. Comments shall be provided to the zoning administrator or designee, who shall provide the comments of the committee to the project applicant.

(c)

Pre-application.

(1)

Prior to submittal of a development application for a general plan amendment, rezoning or conditional use permit, a pre-application meeting is required unless determined by the zoning administrator that no purpose will be served by the review. For all other development application types, a pre-application meeting may be required as determined by the zoning administrator.

(2)

The purpose of the pre-application meeting is:

a.

To familiarize the development review committee with the request.

b.

To identify land use and development policies that may affect the request.

c.

To familiarize the applicant with the review and approval process.

d.

To provide the applicant with planning application(s) and checklist(s) of required submittal material for the project.

(3)

The development review committee shall review and comment on materials submitted for pre-application meetings and provide preliminary comments to the project applicant.

(4)

A formal application shall be submitted to the planning division not later than six (6) months after the date of the pre-application meeting or the date of the zoning administrator's determination that no pre-application meeting is necessary.

D.

Application. The zoning administrator shall create applications for the development types outlined herein, which shall outline the required deliverables. No application shall be accepted without all deliverables listed on the application as indicated by the zoning administrator or designee.

E.

Closure. In order to ensure that developments are reviewed against the most current standards and regulations, the zoning administrator shall have the authority to close any applications that have been inactive for more than one (1) year. Any further processing of an application that has been closed shall require a new application to be filed, in accordance with this ordinance.

(Ord. No. 2055-0823, § 2, 8-21-23)

(a)

Zoning administrator powers and duties. The zoning administrator shall:

(1)

Interpret the zoning ordinance, including but not limited to, clarification of intention, determination and clarification of unspecified land uses, determination of zoning district boundaries and similar matters.

(2)

Accomplish administrative actions, including preparation of reports, processing appeals, providing assistance to variance applicants and similar matters.

(3)

Serve as secretary to the board of adjustment and planning commission.

(4)

Undertake similar duties as may arise from time to time in the enforcement and interpretations of the zoning ordinance.

(b)

Zoning interpretations.

(1)

The zoning administrator or designee shall be responsible for interpretation of the zoning ordinance. Zoning interpretations may be considered if there is a question of clarity for any development standard or other provision of this ordinance, or a review is required within the land use matrix of a specified zoning district. The zoning administrator or designee shall make a determination if a use not mentioned is sufficiently analogous to a permitted use to be allowed to be carried on in the same manner as the specifically-permitted use.

(2)

An application clearly stating the section requiring interpretation or the characteristics of the desired use and zoning district in which it is proposed to be located shall be submitted on a form prescribed by the planning division with the required fee before a zoning interpretation will be made. All requests for written interpretation shall be filed in the planning division.

(3)

The zoning administrator or designee shall issue written interpretation within fifteen (15) business days of the submission of a completed application and request for interpretation. All zoning interpretations shall be maintained in the planning division records.

(c)

Zoning verifications.

(1)

The zoning administrator or designee shall be responsible for the verification of the boundaries and requirements of zoning districts and zoning regulations.

(2)

An application clearly stating the location and property identification number(s) for the property or properties in question shall be submitted on a form prescribed by the planning division with the required fee before a zoning verification will be made. All requests for written verification shall be filed in the planning division.

(3)

Zoning verification letters may contain the following information:

a.

Current zoning on the property or properties.

b.

Development standards required by the property's zoning district including, but not limited to, building setbacks, maximum building height, and lot coverage.

c.

Copies of certificates of occupancy.

d.

Verification of known building or zoning ordinance violations or failure to comply with development standards or development regulations.

(4)

Zoning verification letters shall not certify legal non-conforming uses or act as legal authority with respect to legal interpretations such as vested rights.

(5)

The zoning administrator or designee shall issue written verification within fifteen (15) business days of the submission of a completed application and request for zoning verification. All zoning verifications shall be maintained in the planning division records.

(d)

Reasonable accommodation.

(1)

A person seeking reasonable accommodation shall file with the department a request for reasonable accommodation in writing. The request shall be a public record not subject to disclosure under the public records law as it contains private and medical information. The request shall identify the disability which the person seeks accommodation for, together with any medical, or psychological supporting documents. The request shall also indicate the administrative action being sought by the applicant to accommodate their disability. The written request shall contain sufficient facts to allow the zoning administrator to make an individualized determination of the needs, to address the city's safety and welfare concerns, and to ensure compliance with the zoning code. If the request involves physical or structural changes, the request shall include supporting documents from a qualified professional outlining and supporting the request.

(2)

Upon receipt of the request for reasonable accommodation, the department shall respond within ten (10) calendar days. The zoning administrator shall, in consultation with the city attorney, review the written request and determine:

a.

Whether an accommodation should be made pursuant to the requirements of the Fair Housing Act.

b.

The nature of the accommodation taking into consideration the requirements of the Fair Housing Act, public safety and welfare concerns, and the residential character of the neighborhood.

c.

The extent of the accommodation required to comply with the Fair Housing Act.

The department shall identify the administrative actions that it will authorize to accommodate the disability and any actions that would be an undue burden upon the city. The city's response shall be in writing.

(Ord. No. 2055-0823, § 3, 8-21-23)

(a)

Applicability. Prior to or concurrent with the application for a building permit, a full site plan and design review application shall be submitted for review and approval by the development review committee. This requirement shall apply to:

(1)

All new buildings and uses of land constructed or developed after August 30, 1990, shall require site plan and design review; facilities exempted by state or federal law shall not require site plan and design review.

(2)

Existing properties when a change in the distinguishing characteristics or primary features of the use of a building or land occurred after August 30, 1990. Such changes may include, but are not limited to, an increase in the size of the building or use or remodeling of an existing building. Criteria used to establish applicability may include, but are not limited to, an increase in parking requirements, a change in occupancy designation, a change in outside storage or other similar factors.

(b)

Limited design review. For modifications of existing buildings that do not impact circulation, drainage, or other civil functions of a site, the zoning administrator or designee may waive the formal site plan and design review process and allow for a limited design review if it is determined that such formal review does not further the purposes of this ordinance, even if the Applicability requirements of Section 28-6(a) are met. Projects eligible for Limited Design Review may include, but are not limited to, façade modifications, exterior color changes, and/or addition/deletion of storefronts.

(c)

Application. The applicant shall submit plans and drawings illustrating the proposed location of buildings, parking areas, loading and refuse areas, landscaping, drives, dimensions of improvements, drainage, typical elevations of buildings and all other improvements. The site plan shall be submitted in accordance with procedures and requirements established by the zoning administrator. The zoning administrator or designee may request additional information concerning the property. Where a comprehensive sign plan is required pursuant to section 28-194 of this ordinance, it shall be submitted as a component of a development application.

(d)

Reserved.

(e)

Review.

(1)

The planning division shall refer the site plan, design review, and/or comprehensive sign plan to the development review committee to determine compliance with this ordinance and any other applicable codes, plans and standards.

(2)

The development review committee shall have the authority to request modifications to the site plan and design review and may approve conditions consistent with this ordinance and any other applicable codes, plans and standards deemed necessary to protect the public health, safety and welfare.

(f)

Required findings.

(1)

The proposal is in conformance with all requirements of this ordinance and any other applicable codes, plans and standards in place at the time the site plan and design review application is submitted.

(2)

The proposal is of high quality and furthers the city's aesthetic vision.

(3)

Adequate conditions of approval are imposed to ensure compatibility with the current or planned use of surrounding properties.

(g)

Approval.

(1)

When the development review committee has completed its review:

(A)

Any site plan and design review applications for properties zoned CCD (City Center District) of The BLVD shall be forwarded to the planning commission for its review and recommendation, and then to the city council for its review and decision. The development review committee shall include a recommendation of approval, approval subject to stipulations, or denial for the site plan and design review.

(B)

Any site plan and design review not requiring planning commission and city council consideration specified in subsection 28-6(g)(1)(A) above shall be either: approved, approved with stipulations, or denied by the development review committee.

(C)

Deviations proposed in a comprehensive sign plan from allowable sign requirements as specified in section 28-194 of this ordinance shall be approved as follows:

i.

Modifications greater than twenty-five (25) percent shall be forwarded to the city council for its review and decision. The development review committee shall include a recommendation of approval, approval subject to stipulations, or denial for the proposed comprehensive sign plan.

ii.

Modifications less than twenty-five (25) percent may be administratively approved.

(2)

A building permit shall not be issued for any project unless a site plan and design review has been approved by the development review committee or city council, as outlined in this ordinance.

(3)

All buildings, parking areas, landscaping and other improvements shall be constructed and installed in accordance with the approved site plan and design review prior to issuance of a certificate of occupancy for the building or use.

(4)

An approved site plan and design review application shall be valid for a period of two (2) years. If a building permit has not been issued for a site within two (2) years after the date of site plan and design review approval, or if at any time a building permit is not valid or active for a site, the site plan and design review shall be considered expired and a building permit shall not be issued for the site until a new site plan and design review have been approved.

(h)

Extension.

(1)

Prior to the expiration of the two-year time period, the property owner or authorized representative may submit an application for a site plan and design review extension to the planning division. Extension requests for a site plan and design review originally approved by the city council shall be placed on the next available city council agenda; a site plan and design review originally approved by the development review committee shall be sent to the zoning administrator or designee for review.

(2)

A site plan and design review extension shall only be granted if it is determined that all of the following requirements have been met:

(A)

The site plan and design review meets the requirements of this ordinance and any other applicable codes, plans and standards in place at the time the site plan and design review extension is requested, unless exempted by the city council.

(B)

The applicant has shown good cause for the delay.

(C)

The applicant has proposed a timeline to bring about the commencement of construction on the site.

(3)

If the required criteria have been met, the city council or zoning administrator or designee, as applicable, may grant a maximum of two (2) extensions, each extension not to exceed a period of one (1) year. If at the end of the extension period a building permit has not been issued or is no longer valid, the site plan and design review shall be considered expired.

(i)

Appeal. An appeal of the development review committee's design review decision may be made within fifteen (15) business days of said decision. Upon written request of the applicant, the zoning administrator shall schedule the appeal hearing for regularly scheduled planning commission. The planning commission shall review the site plan and design review application and make a decision as to whether the required findings have been met and approve, approve with stipulations, or deny the appeal. A majority vote of the planning commission shall be necessary to make a finding on the appeal.

(Ord. No. 2055-0823, § 4, 8-21-23)

The zoning administrator or authorized designee may authorize relief of up to ten (10) percent of any development standard. For projects located within a revitalization area, the zoning administrator or authorized designee may authorize relief up to thirty (30) percent of any development standard and may also waive specific non-quantitative development requirements. Notwithstanding the foregoing, the zoning administrator or designee shall not grant relief for any increase or reduction in allowable numbers of stories in a building, any increase or reduction in permitted uses, any increase or reduction in permitted density, reduction in parking stall size requirements, or required parking. Any relief authorized will be documented with findings consistent with all of the requirements below and filed with the building permit records, subdivision case file or other Planning Division records:

(a)

An application by the property or on behalf of the owner was submitted on a form prescribed by the zoning administrator or authorized representative, and any applicable fees were paid.

(b)

Reserved.

(c)

The proposed improvement requiring relief will not be detrimental to the property requesting relief, any adjacent property or the city as a whole.

(d)

The relief requested is needed due to the unusually small size or irregular shape of the parcel.

(e)

The relief granted is the minimum required to meet the needs of the proposed improvement.

(f)

The relief shall not be contrary to the purpose and intent of this ordinance.

(Ord. No. 2055-0823, § 5, 8-21-23)

Some uses that are not permitted by right in a zoning district may be acceptable as conditional uses. A site-specific review is required to determine if the location, design, scale and operation of the use is appropriate at given location. A conditional use permit may only be granted for the conditional uses listed in each zoning category according to the procedure set forth below.

(a)

Process and procedure.

(1)

The designation of a use as a conditional use in a zoning district does not convey a right or constitute an assurance that the use will be approved. Each application will be evaluated for compliance with the required findings set forth below. The burden of proof for satisfying these findings rests with the applicant.

(2)

An application for a conditional use permit shall be submitted on a form prescribed by the planning division with all required deliverables as outlined on the application checklist, including the required fee before the conditional use permit application can be processed.

(3)

The applicant shall conduct a neighborhood meeting in accordance with section 28-12, below and complete notifications pursuant to section 28-13, below.

(4)

The planning commission shall consider a request for a conditional use permit, hold a public hearing and determine if the information provided is sufficient to meet the required findings. Notifications must be completed pursuant to section 28-13.

(A)

If the planning commission approves the application, the department shall issue a conditional use permit approval setting forth all the conditions and requirements imposed and adopted by the commission.

(B)

If the planning commission denies the application, it shall identify the basis for the denial and the specific required findings that have not been met.

(C)

Continuance. A request for a continuance of a scheduled conditional use permit application shall be determined by city staff with a valid reason.

(D)

The decision of the planning commission is final and effective on the date of planning commission's decision.

(b)

Required findings. A conditional use permit may only be approved if all the following findings are met:

(1)

That the proposed use (a) is consistent with the land-use designation set forth in the general plan, (b) will further the city's general guidelines and objectives for development of the area, as set forth in the general plan and (c) will be consistent with the desired character for the surrounding area.

(2)

That the use will be (a) compatible with other adjacent and nearby land uses and (b) will not be detrimental to persons residing or working in the area, adjacent property, the neighborhood or the public welfare in general.

(3)

That the site is adequate in size and shape to accommodate the proposed use, allow safe on-site circulation, and meet all required development standards including, but not limited to, setbacks, parking, screening, and landscaping.

(4)

That the site has appropriate access to public streets with adequate capacity to carry the type and quantity of traffic generated by the proposed use.

(5)

That adequate conditions have been incorporated into the approval to ensure that any potential adverse effects will be mitigated.

(c)

Conditions upon approval. The approval of a conditional use permit may be subject to conditions when necessary to mitigate the potential impacts of the use and ensure land use compatibility. These conditions may include, but are not limited to the following:

(1)

Additional requirements for setbacks, open space, screening, parking, lighting and landscaping.

(2)

Dedication of public rights-of-way, street improvements and the control of access points or on-site circulation to mitigate traffic impacts.

(3)

Limitations on the hours of operation, methods of operation, and phasing of site development.

(4)

Time limitations on the duration of the conditional use permit to determine if the use, after a temporary period of operation, is materially detrimental to the area or to evaluate whether changed conditions in the neighborhood affect the compatibility of the use or its ability to continue to adequately mitigate the impacts on the surrounding area or the city as a whole.

(d)

Expiration. Unless otherwise stipulated, a conditional use permit shall be void if the use approved therein is not commenced within twenty-four (24) months after the date of approval by the commission. Once an approved conditional use has commenced, the conditional use permit shall run with the land and continue to be valid regardless of ownership of the site or structure subject to the conditional use permit application, so long as it operates within the conditions, stipulations and terms of the use conditional use permit approval.

(e)

Modification of conditional use permit. A request to modify, expand, or otherwise change an approved conditional use permit shall be reviewed and processed according to the procedures required for a new application.

(f)

Continuing jurisdiction and the revocation, modification or suspension of conditional use permits. The department director or designee shall have continuing jurisdiction over all conditional use permits and may recommend that a conditional use permit be revoked, modified or suspended should any of the following occur:

(1)

The conditional use permit was obtained by fraud or misrepresentation;

(2)

The use authorized by the conditional use permit has been exercised in violation of the conditions of its approval;

(3)

Changes in aesthetic or environmental impacts such as noise, odors or pollutions; or

(4)

The use authorized by the conditional use permit has been exercised in a manner that is detrimental to the public health, safety, or welfare of the community or in a manner that constitutes a nuisance to neighboring property owners, adjacent neighborhoods or the city.

(g)

Revocation, modification, or suspension. An approved conditional use permit may be revoked, modified, or suspended by the planning commission at a public hearing if the holder thereof fails to comply with the conditions or terms of approval for such conditional use permit. The zoning administrator shall provide notice of the revocation hearing to the conditional use permit holder via certified mail. Additionally, notification of the revocation, modification or suspension hearing shall be completed at the city's expense, to include a sign, legal advertisement, and mailing described in section 28-13 below. The decision of the planning commission with respect to such revocation, modification or suspension shall be final.

(h)

Reapplication. If a conditional use permit has been denied or revoked, no application shall be accepted by the zoning administrator or designee for a conditional use permit that is: (1) for the same or substantially similar use; (2) located on the same site; and (3) submitted within one (1) year from the date of the final denial or revocation.

(i)

Appeal of decision of the planning commission to city council. A decision of the planning commission regarding a conditional use permit may be appealed to the city council. The appeal must be in writing, specifying the grounds of the appeal, and filed with the department within fifteen (15) calendar days of the date of the decision. The appeal fee shall be paid in full at the time of application. The filing of the appeal will be considered complete upon receipt to the department. During the pendency of the appeal, further actions to proceed with the development shall be stayed.

(1)

Filing. Appeals may be filed by:

(A)

The owner of property that is the subject of the final decision of the planning commission.

(B)

Any other person aggrieved by the final decision and who has standing to appeal pursuant to state law.

(2)

Notice. The department shall ensure that notice of the appeal hearing is provided in the manner described above for the planning commission public hearing. Upon submittal for a conditional use permit process that allows for an appeal, the property owner agrees to the notice of public hearing sign to be posted on the subject property.

(3)

Hearing. The department shall set the hearing date for an appeal of a conditional use permit no more than sixty (60) days after the date the appeal is filed. The city council shall hold the public hearing and shall reverse, affirm or modify the decision of the planning commission. The city council shall base its decision on the written findings previously issued by the planning commission, applicable law, the review criteria stipulated in this section and guidelines promulgated by the department.

(4)

Reversal or modification. If the city council reverses or modifies the decision of the planning commission, the council shall direct the city attorney to prepare written findings setting forth the basis for the reversal or modification.

(5)

Continuance. The matter shall not be continued except by request by written request of the applicant prior to the hearing or upon oral request of the applicant at the hearing. City council must approve all requests for continuance.

(Ord. No. 2045-1220, § 2, 12-7-20; Ord. No. 2040-0623, §§ 1—7, 6-5-23)

The written regulations set forth in this ordinance may be amended whenever deemed necessary to best serve the public health, safety and general welfare of the city. Amendments to the text of this ordinance shall not be made except through the adoption of an amending Ordinance by the city council after complying with state law and following the procedures prescribed in this section 28-10.

(a)

Process and procedure.

(1)

Requests for text amendments shall be submitted to the planning division on a form prescribed by the planning division with the required fee. The request may be submitted by the planning division, zoning administrator, planning commission or city council.

(2)

A request for a text amendment shall first be heard by the planning commission, which shall hold a public hearing and transmit a recommendation to the city council containing reasons for such recommendation. Notifications must be completed pursuant to section 28-13, below.

(3)

The city council shall hold a public hearing and approve, approve with conditions, or deny the request for the amendment. Notifications must be completed pursuant to section 28-13, below.

(4)

The recommendation of approval of any amendment by the planning commission shall be void if the amendment has not been adopted by the city council within one (1) year of the planning commission action.

(b)

Council discretion. The city council shall consider all of the information provided and may accept or reject the planning commission's recommendation. The city council may approve or reject a zoning ordinance text amendment in its sole legislative discretion; provided that any such amendment shall be consistent with the adopted general plan.

The boundaries of zoning districts set forth in the zoning map may be amended whenever deemed appropriate by the city council. Amendments to the zoning map shall not be made except through the adoption of an amending ordinance by the city council and following the procedures prescribed in this section 28-10.

(a)

Process and procedure.

(1)

Requests for map amendments shall be submitted to the planning division on a form prescribed by the planning division with all required deliverables as outlined on the application checklist, including the required fee. A zoning map amendment may be requested by the property owner of land proposed to be rezoned or by the planning division, the zoning administrator, the planning commission or by the city council.

(2)

The applicant shall conduct a neighborhood meeting in accordance with section 28-12, below, and complete notifications in accordance with section 28-13, below.

(3)

The applicant shall provide certificates of adequate school facilities, in accordance with subsection 28-13(d), below.

(4)

A request for a zoning map amendment shall first be heard by the planning commission, which shall hold a public hearing and transmit a recommendation to the city council containing reasons for such recommendation. Notifications must be completed pursuant to section 28-13, below.

(5)

The city council shall hold a public hearing and approve, approve with conditions, or deny the request for the amendment. Notifications must be completed pursuant to section 28-13, below.

(6)

If the owners of twenty (20) percent or more of lots, calculated according to Ariz. Rev. Stat. § 9-462.04(H), as amended, file a protest in writing against a proposed amendment, it shall not become effective except by the favorable vote of three-fourths (¾) of all members of the city council. If any member of the city council is unable to vote on such a question because of a conflict of interest, then the required number of votes for passage of the question shall be three-fourths (¾) of the remaining membership of the city council, provided that such required number of votes shall in no event be less than a majority of the full membership of the city council. Written protests must be submitted to the planning division not later than seventy-two (72) hours prior to the city council hearing.

(7)

In the event an application is denied by the city council or withdrawn after the planning commission hearing, the city council shall have the authority to refuse to accept another application for any amendment on the same property or part thereof, for a period of one (1) year from the date of denial.

(8)

The recommendation of approval of any amendment by the planning commission shall be void if the amendment has not been adopted by the city council within one (1) year of the planning commission action.

(9)

Requests to rezone to a residential zoning district.

(A)

For the purposes of this section, a "residential rezoning application" means an application seeking to rezone from one type of zoning district to a residential zoning district as listed in Chapter 28, Article 2, Residential Districts.

(B)

Administrative completeness review time frame. For each residential rezoning application, the zoning administrator or designee shall determine whether the application is administratively complete within thirty (30) days after receiving the application. If the application is deemed administratively incomplete, the zoning administrator or designee will provide the applicant with a written notice that includes a comprehensive list of the specific deficiencies. Upon issuance of the written notice, the administrative completeness review time frame and overall time frame contained in this section are suspended until the zoning administrator or designee receives the resubmitted application. The zoning administrator or designee shall have fifteen (15) days to review the resubmitted application and determine whether every deficiency has been resolved for administrative completeness.

(C)

Approval or denial of requests to rezone to a residential zoning district. After determining that a residential zoning application is administratively complete, the city council shall approve or deny the application within one hundred eighty (180) days. The city may extend the time frame to approve or deny beyond one hundred eighty (180) days as follows:

I.

The zoning administrator or designee may grant a one-time extension of not more than thirty (30) days for extenuating circumstances; or

II.

The zoning administrator or designee may grant extensions in thirty (30) day increments at the request of the applicant.

(D)

Exceptions. This subsection does not apply on land that is designated as a district of historical significance pursuant to A.R.S. § 9-462.01(A); or an area that is designated as historic on the national register of historic places; or land that is already zoned as planned area development (PAD).

(b)

Council discretion. The city council shall consider all of the information provided and may accept or reject the planning commission's recommendation. The city council may approve a zoning ordinance map amendment in its sole legislative discretion; provided that any such amendment shall be consistent with the land use designation, goals and objectives of the adopted general plan and any applicable specific plans.

(c)

Conditions for approval. The planning commission may recommend and the city council may approve a map amendment conditioned as deemed necessary by the city council in its sole discretion. Any condition of zoning shall be set forth in the ordinance amending the zoning text or map. All conditions of zoning approval shall become part of the regulations governing the use of the property. No building permits shall be issued except in conformity with the conditions of zoning approval.

(Ord. No. 2045-1220, § 3, 12-7-20; Ord. No. 2033-1124, § 2, 11-18-24)

(a)

Variance. A variance is not a right. It may be granted to an applicant only if the applicant establishes compliance with the hardship criteria established in Ariz. Rev. Stat. § 9-462.06(G)(2), as amended. Pursuant to Ariz. Rev. Stat. § 9-462.06(H), as amended, no use variance or variance based upon self-imposed hardship shall be granted.

(1)

Process and procedure.

(A)

Requests for variances shall be submitted to the planning division on a form prescribed by the planning division with all required deliverables as outlined on the application checklist, including the required fee.

(B)

The board of adjustment shall conduct a hearing on the variance pursuant to the procedures established in Ariz. Rev. Stat. § 9-462.06, as amended. The board of adjustment shall convene for a hearing within sixty (60) days of the acceptance of the application by the planning division. Notifications must be completed pursuant to section 28-13, below.

(C)

Once a variance is approved by the board of adjustment, it is effective and shall run with the land subject to the limitations set forth in this ordinance.

(2)

Required findings. The board of adjustment may grant a variance only after all of the findings set forth below have been met:

(A)

There are special circumstances or conditions applicable to the property, including size, shape, topography, location or surroundings.

(B)

Due to these special circumstances, the strict interpretation of the zoning ordinance would deprive the property of privileges enjoyed by surrounding properties of the same classification in the same zoning district.

(C)

The proposed variance is the minimum necessary to alleviate the hardship.

(D)

Granting the variance will not (i) change any of the uses permitted in the zoning classification or zoning district (ii) make any changes in the terms of the zoning ordinance or (iii) be detrimental to the property, neighboring properties, the neighborhood or the community in general.

(E)

The hardship created by the zoning ordinance is more than a personal inconvenience or financial hardship and was not self-imposed.

(3)

Appeals of board decisions. Any appeal from any decision rendered by the board of adjustment shall conform to the criteria and process as established in Ariz. Rev. Stat. § 9-462.06(K), as amended. Said appeal shall be filed within thirty (30) days after the board of adjustment has rendered its decision.

(b)

Appeals of decisions of the zoning administrator.

(1)

Process and procedure.

(A)

A notice of appeal of an administrative decision or interpretation by the zoning administrator shall be submitted by the applicant through the zoning administrator to the board of adjustment within fifteen (15) days from the date of the decision. The board's scope of review shall be limited to determining whether the decision or interpretation by the zoning administrator was in accordance with the intent and requirements of this ordinance. The board shall affirm or reverse the decision of the zoning administrator.

(B)

The board shall conduct a public hearing on the appeal pursuant to the procedures established in Ariz. Rev. Stat. § 9-462.06, as amended. The board shall convene for a hearing within sixty (60) days of the acceptance of the application by the zoning administrator or authorized designee. Notifications must be completed pursuant to section 28-13, below.

(2)

Appeals of board decisions. Any appeal from any decision rendered by the board shall conform to the criteria and process as established in Ariz. Rev. Stat. § 9-462.06(G)(1), as amended. Said appeal shall be filed within thirty (30) days after the board has rendered its decision.

(Ord. No. 2045-1220, § 4, 12-7-20)

The neighborhood meeting is an opportunity for the applicant to meet with citizens and other interested parties to share details of the planning approval request and receive comments regarding the proposal. Neighborhood meetings shall conform to the following standards:

(a)

The zoning administrator or designee shall notify applicants when they may proceed with a neighborhood meeting, and applicants shall work with the zoning administrator or designee to schedule a neighborhood meeting date, location, and time that is convenient for citizens.

(b)

The neighborhood meeting shall be held as early in the review process as feasible to give citizens ample opportunity to comment on the development, but late enough in the review process to ensure that the proposal will not significantly change between the neighborhood meeting and the start of the approval process.

(c)

The neighborhood meeting shall be held after a second (revised) submittal of application materials and prior to scheduling of any public hearings.

(d)

The applicant shall arrange for the facilities and bear all costs associated with the meeting, including the radius search, an electronic address list, newspaper ad and on-site signage.

(e)

Neighborhood meetings shall be scheduled between Monday and Thursday starting after 6:00 p.m. but starting no later than 8:00 p.m. to ensure the majority of residents can attend.

(f)

Neighborhood meetings shall be held within the corporate limits of the City of Avondale and at a venue within relative proximity to the project location.

(g)

Within four (4) business days of any neighborhood meeting, the applicant shall provide a report summarizing any questions, issues or concerns expressed at the meeting and copy of the sign-in sheet from the neighborhood meeting showing all who attended.

In order to encourage and enhance citizen participation in the development process and to comply with state law, the City of Avondale requires notifications in advance of required neighborhood meetings, planning commission meetings, board of adjustment meetings, and city council meetings.

(a)

Mail notification.

(1)

The planning division, not less than fifteen (15) calendar days prior to the date of each meeting, shall send a notice by first-class mail to each property owner and Homeowners' Association(s) within one thousand (1,000) feet of the subject property. The applicant is responsible for providing the names and addresses of property owners within this radius in electronic format at the time of application. The public notice shall include a description of the request, the general location of the real property that is the subject of the request, a link to the development plan, if any, and the date, time, and place of the hearing/meeting.

(2)

Where land that is the subject of a proposed change abuts or affects adjacent municipalities or unincorporated areas of the county, copies of the notice of public hearing shall be transmitted to the planning agency of the appropriate jurisdiction.

(3)

Zoning ordinance text amendments that are not property-specific do not require mail notification.

(b)

Newspaper advertisement.

(1)

The applicant shall publish a public notice in a display ad covering not less than one-eighth (⅛) of a full page in an official local newspaper of general circulation in the City of Avondale (as determined by the zoning administrator), no less than fifteen (15) days prior to the date of each meeting.

(2)

The public notice shall include a description of the request, the general location of the request (if applicable) and the date, time, and place of the hearing. The zoning administrator or designee shall provide the wording for the required newspaper advertisement to the applicant.

(c)

Public notice sign.

(1)

The applicant shall post a public notice sign at one (1) or more prominent locations on the site as determined by the zoning administrator or designee at least fifteen (15) days prior to the neighborhood meeting or, in the case of variances and appeals, at least fifteen (15) days prior to the board of adjustment meeting. The zoning administrator or designee shall provide a template of the required notice sign to the applicant.

(2)

Neighborhood meeting, planning commission, and city council site posting.

(A)

The sign shall be four (4) feet in height and eight (8) feet in width.

(B)

The sign shall be single-sided and attached to two (2) four-inch by four-inch by eight-foot wood posts, constructed of either laminated plywood or medium density overlay (MDO) board. The sign shall be placed parallel to the street, unless it is not feasible to place the sign parallel to the street, in which case the zoning administrator or designee shall determine the more appropriate location to place the sign.

(C)

The sign shall not obstruct the sight visibility triangle for pedestrian and motorist safety.

(D)

The color of the sign shall be white with black lettering. Updates with planning commission and city council information shall be in bold lettering.

(E)

All information shall be evenly spaced and organized in a readable manner:

i.

The phrase "City of Avondale Public Hearing Notice" shall be printed at the top of the sign in a minimum letter size of four (4) inches.

ii.

The sign shall contain the case number, project location, description of the request, time, date and location of the scheduled meetings and contact for the City of Avondale. For all applications that require planning commission and city council hearings, if the date, time, and location of the planning commission and city council hearings are unknown at the time of posting, adequate space shall be reserved on the sign to be updated when that information is known. Lettering for this text shall be a minimum of three (3) inches.

(3)

Board of adjustment site posting.

(A)

The sign shall be two (2) feet in width and three (3) feet in height.

(B)

The sign shall be single-sided coroplast or laminated plywood and placed in the ground with either a wood or metal stakes. The sign shall be placed parallel to the street, unless it is not feasible to place the sign parallel to the street, in which case the zoning administrator or designee shall determine the more appropriate location to place the sign.

(C)

The sign shall not obstruct the sight visibility triangle for pedestrian and motorist safety.

(D)

The color of the sign shall be white with black lettering.

(E)

All information shall be evenly spaced and organized in a readable manner:

i.

The phrase "City of Avondale Public Hearing Notice" shall be printed at the top of the sign in a minimum letter size of two (2) inches.

ii.

The sign shall contain the case number, project location, description of the request, time, date and location of the scheduled public meetings and contact for the City of Avondale. Lettering for this text shall be a minimum of one (1) inch for upper case and one-half (½) inch for lower case.

(4)

Within four (4) business days of sign posting, the applicant shall provide pictures of each public notice sign showing the date and time at which the picture was taken, as well as a notarized affidavit stating that each public notice sign was posted in accordance with this ordinance.

(5)

It is the applicant's responsibility to keep the sign updated, to keep the sign free of graffiti and to remove the sign within seven (7) calendar days of final action by the city council or board of adjustment. applicant shall provide a notarized affidavit of sign removal to the city's project manager once the sign has been removed.

(d)

Proof of adequate school facilities.

(1)

The applicant shall notify all applicable public school districts within four (4) business days of the submittal of a general plan amendment, rezoning, and for development plans in the BLVDD zoning district involving a residential use.

(2)

The applicant shall provide the planning division with certificates of adequate school facilities from both the elementary school district and high school district whose catchment areas include the property subject to the general plan amendment or rezoning, and for development plans in the BLVDD zoning district prior to scheduling of any public hearings.

(Ord. No. 2055-0823, § 6, 8-21-23)

A.

Applications.

1.

Applications for variances, appeals, conditional use permits, zoning ordinance text amendments, zoning map amendments, design review, development plans, design review waivers, administrative relief, seasonal sales permits, house plans, zoning interpretations, zoning verifications, sign permits, and amendments and/or extensions of the above shall be submitted on a form prescribed by the planning division with the required fee.

2.

The planning division shall include with the required applications a list of all items typically required for review. At the time of pre-application meeting, the zoning administrator or designee shall determine which items will be required to accompany the application at the time of submittal, at a minimum.

3.

Incomplete applications shall not be processed.

B.

Fees.

1.

Fees for all applications pursuant to this section shall be as determined by the city council as part of the city's annual budget or by separate resolution. A copy of the then-current adopted fee schedule shall be maintained at all times in the planning division.

2.

If more than one (1) type of application is requested, the fee shall be the total of all fees for all applications.

3.

Fees are non-refundable once submitted to the city.

4.

The City of Avondale, when acting in its official capacity, shall be exempt from application fees for any application type authorized by this ordinance.

For the purpose of this ordinance, certain terms and words are hereby defined as set forth below. Words used in the present tense include the future; words in the masculine gender include the feminine and the neuter, and the singular number includes the plural and the plural the singular; the word "shall" is mandatory and not permissive; the word "person" includes individuals, partnerships, corporations, clubs and associations. The following words or terms, when applied in this ordinance, shall carry full force when used interchangeably: lot, plot, parcel, premises or site; used, arranged, occupied, or maintained; adjoining, abutting, contiguous to, bordering, or adjacent to; sold or dispensed; construct, reconstruct, erect, alter (structurally or otherwise) but not the term maintenance. The word "used" shall be deemed also to include designed, intended or arranged to be used. "Board" shall mean board of adjustment; "commission" shall mean the City of Avondale planning commission; "council" shall mean the City of Avondale City Council.

"Abutting:" Adjacent to.

"Accessory building:" A detached subordinate building containing an accessory use and situated on the same lot as the main building.

"Accessory use:" A subordinate use of a building, other structure, or tract of land that is both: (A) clearly incidental and customary to the use of the principal building or other structure or use of land and (B) located on the same zoned lot with the principal building, other structure or use of land.

"Adult day care center:" A facility providing care eleven (11) or more adult persons for less than twenty-four (24) hours per day and for compensation. An adult day care center shall be licensed by the State of Arizona.

"Adult day care home:" A residential home provided care for up to ten (10) adult individuals for less than twenty-four (24) hours per day and for compensation. An adult day care home shall be licensed by the State of Arizona, if required by the appropriate state agency.

"Alley:" A right-of-way, dedicated to public uses that gives a primary or secondary means of vehicular access to the rear or side of properties otherwise abutting a street.

"Amusement park:" An outdoor facility, which may include structures and buildings, where there are various devices for entertainment, including, but not limited to, rides, booths for the conduct of games or sale of items and buildings for shows and entertainment.

"Analogous use:" A land use deemed by the zoning administrator to be similar enough to another use as to not have a significantly different effect on surrounding properties.

"Antique or collectible store:" A store that sells or consigns to sell items which are, by their style, design, or use, commonly considered to be of another era or age, a collectible or of an heirloom quality. These items shall be in proper working order or restorable to working condition. Second-hand or thrift items are not considered antiques.

"Apartment:" An individual dwelling unit within an apartment building.

"Apartment building:" Four (4) or more attached dwellings, each of which has its own private sleeping, sanitation and cooking facilities, that are typically rented or leased on a monthly basis. For the purposes of this ordinance, an apartment or apartment building shall be considered a multi-family dwelling.

"Apiary:" A structure where bees are kept.

"Archeological resources:" Any material of past human life, activities, or habitation that are of historic or prehistoric significance. Such material includes, but is not limited to, pottery, basketry, bottles, weapon projectiles, tools, structures, pit houses, rock paintings, rock carvings, graves, skeletal remains, personal items, clothing, household or business refuse, printed matter, manufactured items, or any piece of the foregoing items.

"Arizona nursery association (ANA):" The professional trade organization dedicated to the promotion and advancement of the nursery industry for its members and the public they serve.

"Ariz. Rev. Stat.:" The Arizona Revised Statutes, as amended.

"Assisted living facility:" A facility, licensed by the State of Arizona to provide supervised care for more than ten (10) adults who are living together by reason of age, disability, illness, infirmity or companionship and for whom meals, recreation or other diversion, and general health care is provided. May include nursing homes, hospice facilities, and other similar uses.

"Auto body and repair, full service:" A facility designed to provide complete servicing and repair of vehicles, including body work, engine repair, upholstery, painting facilities, transmission overalls, framework, welding, or other major repair or reconditioning.

"Auto service and diagnostic facility:" A facility designed to provide limited servicing of automobiles, including, but not limited to, brakes, oil changes, and tune ups, excluding any facility which performs body work, engine repair, transmission overhauls, or other major repair or reconditioning.

"Automobile, boat, recreational vehicle, or motorcycle sales and/or leasing:" The display, sales and/or rental of new or used automobiles, boats, recreational vehicles and motorcycles, where service and repair may occur as an accessory use within a fully enclosed building.

"Aviary:" An enclosure for confining birds and fowl.

"Bar:" An establishment, including, but not limited to, a cocktail lounge, or tavern, the main use of which is to serve beer, wine and liquor for on-site consumption. Such facility may also serve food but are differentiated from night clubs because they do not provide for dancing and live entertainment.

"Bed and breakfast inn:" A private residence that provides lodging and meals for guests at which: (A) the host or hostess resides in the principal residence; (B) no more than four (4) guest rooms are used for lodging at the same time; (C) the host or hostess may advertise and accept reservations, but shall not hold itself out to the public to be a restaurant or hotel; and (D) food and spirited beverages are served only to overnight guests. Any dwelling in which more than four (4) guest rooms are provided shall be deemed a hotel.

"Block:" That property abutting one (1) side of a street and lying between the two (2) nearest intersecting streets, or nearest intersecting street and railroad right-of-way, unsubdivided land, waterways, but not an alley, of such size as to interrupt the continuity of development on both sides thereof.

"Boarding house:" A single-family detached or attached dwelling unit in which any of the rooms are rented or leased to persons on a transient basis, but which does not include group homes, dormitories, convalescent homes, nursing homes, substance abuse detoxification centers or substance abuse treatment centers.

"Brewery ancillary to a restaurant or brewpub:" A restaurant that includes the brewing of beer on-site as an accessory use.

"Buffer:" An area of land, that may include landscaping, berms, walls, fences, building setbacks, or a combination thereof, that is located between land uses of a different character and is intended to mitigate negative impacts of the more intense use.

"Buffer, landscape:" A landscaped area located on the perimeter of a site that serves to screen the visual impacts caused by the differences in use.

"Building:" Any structure, either temporary or permanent, having a roof and used or built for the shelter and enclosure of persons, animals, chattels, or property of any kind. This shall include tents, awnings, or vehicles situated on private property and used for purposes of a building.

"Building addition:" Any extension or increase in floor area or height of a structure.

"Building, closed:" A structure completely enclosed by a roof and walls of approved construction.

"Building coverage:" That portion of a lot occupied by any building or structure, including those buildings or structures not intended for human occupancy, calculated by dividing the total building ground floor area by the net site area. Open carports within parking lots in multi-family, commercial, and employment districts shall not count toward the building coverage calculation.

"Building façade:" The exterior elevation of a building structure excluding any porches, overhangs, covered walkways, drive through covers or similar appendages.

"Building footprint:" The outline of the total area covered by a building's perimeter at the ground level.

"Building ground floor area:" The total area of the largest floor under roof, measured from the exterior faces of exterior walls, and not including the sum of the several floors of a multi-story building. The floor area of a building, or portion thereof, not provided with surrounding exterior walls shall be the usable area under the horizontal projection of the roof or floor above.

"Building height:" The vertical distance measured from the adjacent grade level to the highest level of the roof surface of flat roofs, to the deck line of mansard roofs or to the mean height between eaves and ridge for gable, gambrel or hip roofs.

"Building, main:" A building, or buildings, in which is conducted the principal use of the lot on which it is situated. In any residential district, the primary dwelling shall be deemed to be the main building of the lot on which the same is situated.

"Building permit:" A permit issued by the duly designated building official authorizing the erection, construction, reconstruction, alteration, repair, conversion or maintenance of any building, structure or portion thereof, where required by the city's adopted building codes.

"Cacti:" Any family of plants that have fleshy stems and branches with scales or spines instead of leaves and that is capable of storing water and requiring no supplemental irrigation.

"Call center:" A facility for handling telephone calls from the public, as to a large corporation or institution, with staffers who, variously, answer inquiries, process orders, provide customer service or technical support, etc.

"Caretaker's quarters:" An accessory dwelling on non-residential premises that is occupied by the person who oversees the nonresidential operation twenty-four (24) hours per day, and his or her family.

"Carport:" A covered parking space open on one (1) or more sides that is intended and available for use at an automobile shelter.

"Carwash, full-service:" A facility for cleaning the exterior and interior of motor vehicles where employees clean the interior and exterior of the vehicle, either by hand or using automated equipment, prior to returning the vehicle to the owner/operator.

"Carwash, self-service:" A facility for cleaning the exterior and interior of motor vehicles. Self-service means that the owner/operator either uses equipment such as a wash wand to wash the vehicle manually or remains in the vehicle while automated equipment in a tunnel design washes the exterior of the vehicle. In both types of self-service, the owner/operator of the vehicle cleans the interior of the vehicle and no employees of the facility touch the vehicle except potentially to pre-scrub the exterior prior to its entering the wash tunnel.

"Child care:" The care, supervision and guidance of children, unaccompanied by the parent, guardian or custodian, on a regular basis for less than twenty-four (24) hours per day, in a place other than the child's own home.

"Child care center:" Any building or portion thereof used primarily for child care for compensation including nursery schools, preschools and day care centers.

"Cigar bar/tobacco lounge:" An establishment that specializes in the sale of cigars and other tobacco-related paraphernalia, and allows patrons to smoke tobacco products on site. The consuming of tobacco products on site shall conform to the Arizona law.

"Clinic:" A building in which one (1) or more physicians work including supplying pharmaceutical and optical needs, conducting medical tests, or other common ancillary uses to a medial office, without overnight patient occupancy.

"Club or social/private club:" An association of persons (whether or not incorporated), religious or otherwise, for social purpose, but not including groups that are organized primarily to render a service carried on as a business for profit.

"Commercial center:" Any property with a minimum land area of ten (10) acres developed with a multi-tenant office or retail development.

"Commercial sporting complex:" An indoor facility, with or without seating for spectators, and providing accommodations for a variety of individual, organized, or franchised sports. Such facility may also provide other regular organized or franchised events, health and fitness club facilities, swimming pool, snack bar, restaurant and other support facilities. Such a facility may be publicly or privately owned and publicly or privately operated.

"Commercial vehicle:" Every device by which any person or property is or may be transported or drawn, including, but not limited to, automobiles, trucks, trailers, and utility trailers, that is being used or is customarily used for the furtherance of a commercial enterprise.

"Community garden:" A private or public facility for cultivation of fruits, flowers, vegetables, or ornamental plants that is utilized by more than one (1) person or family.

"Community residence home:" Except as required by state law, a community residence home is a residential living arrangement for up to six (6) unrelated individuals with disabilities living as a single functional family in a single dwelling unit who are in need of the mutual support furnished by other residents of the community residence home as well as the services, if any, provided by the staff of the community residence home. Residents may be self-governing or supervised by a sponsoring entity or its staff, which provides on-site care, training, or support, or habilitative or rehabilitative services, related to the residents' disabilities. A community residence home seeks to emulate a biological family to normalize its residents and integrate them into the surrounding community. Its primary purpose is to provide shelter in a family-like environment; treatment is incidental as in any home. Supportive inter-relationships between residents are an essential component. A community residence home shall be considered a residential use of property for purposes of this zoning ordinance. The term does not include any other group living arrangement for unrelated individuals who are not disabled nor correctional transitional facilities, residential facilities for sex offenders or sober living homes. A community residence home shall be licensed by the State of Arizona in accordance with the provisions of Arizona Revised Statutes Title 36, Chapter 5.1.

"Community residential setting:"

(a)

A residential facility that is licensed to serve more than four (4) minors at any one time, that is licensed by the Arizona Department of Health Services pursuant to chapter 4 of this title or section 36-591, subsection (a) or by the department of child safety pursuant to Title 8, Chapter 4, Article 4 and that provides services pursuant to a contract for minors determined to be dependent as defined in Arizona Revised Statutes Section 8-201 or delinquent or incorrigible pursuant to section 8-341, or for minors with developmental disabilities, mental health or substance abuse needs.

(b)

Does not include hospitals, nursing homes, child crisis and domestic violence shelters, adult homes, foster homes, group homes, group foster homes, community residential homes as defined in this ordinance; facilities subject to any transient occupancy tax or behavioral health service agencies that provide twenty-four-hour or continuous physician availability.

"Conditional use permit:" A permit issued that allows the city to impose additional development standards on that proposed use after consideration of adjacent uses and their functions and the special impacts that the proposed use may cause.

"Condominium:" Real estate, portions of which are designated for separate ownership and the remainder of which is designated for common ownership solely by owners of the separate portions.

"Consignment shop:" A retail establishment where previously-owned merchandise, such as clothing, jewelry or furniture is consigned to a dealer who collects a fee and pays the seller after the merchandise is sold, but shall not include stores selling consigned vehicles, auto parts, scrap or waste. Consignment shops are distinct from thrift stores, pawn shops and non-consignment secondhand retail stores.

"Convalescent home:" A facility served by a common kitchen that provides living quarters and medical care to non-elderly residents recovering from non-chronic illness or injury, and which is licensed by the State of Arizona as a nursing home.

"Corral:" A fenced area or enclosure intended for the confinement of livestock for feeding, shelter, or other purposes, not to be confused with a pasture used for the grazing of livestock.

"Crown:" The branches, twigs and leaves that make up the foliage portion of the tree.

"Curb line:" The line at the face of the curb nearest the street or roadway. In the absence of a curb, the curb line shall be established by the city engineer.

"Data center:" A facility used primarily for the storage, management, processing, and transmission of digital data, which houses computer and/or network equipment, systems, servers, appliances, and other associated components related to digital data operations. Such facility may also include air handlers, power generators, water cooling and storage facilities, utility substations, and other associated utility infrastructure to support sustained operations at a data center.

"Day labor hiring center:" A for-profit or non-profit facility at which job seekers congregate to be hired by the day or by the job for short periods of time by third parties.

"Day spa:" A business establishment that provides professionally administered personal care treatments such as manicures, pedicures, massages and facials.

"Deed restriction (restricted-affordable):" The restriction document recorded against the restricted-affordable accessory dwelling unit on the lot to apply the acknowledgment of affordable housing restriction and ensure compliance with this chapter.

"Density:" The number of dwelling units permitted per net acre of land.

"Department:" The City of Avondale Development Services Department.

"Design guidelines:" See design manuals.

"Design manuals:" The adopted Avondale Commercial and Industrial Design Manual, Single-Family Residential Design Manual, and Multi-Family Design Manual as amended.

"Development review committee:" See section 28-5 above.

"Director:" The person designated by the Avondale City Manager to oversee the department.

"Disability:" (1) A physical or mental impairment that substantially limits one or more major life activities; (2) a record of having such an impairment; or (3) being regarded as having such an impairment. However, a person with a disability shall not include: (1) any person currently engaging in the illegal use of controlled substances [as defined in Section 102 of the Controlled Substances Act (21 United States Code 802), with the exception of the use of recreational or medical marijuana as permitted pursuant to Title 36, Arizona Revised Statutes]; or (2) any person who would constitute a direct threat to the health or safety of other individuals or would result in substantial physical damage to the property of others that cannot be eliminated or reduced by reasonable accommodation. Disability and direct threat will be interpreted consistent with the Americans With Disabilities Act (42 United States Code 12101, et seq.), as amended, and the Federal Fair Housing Act (42 United States Code 3601—3619).

"Discount store:" A retail store that specializes in the sale of inexpensive merchandise typically priced below five dollars.

"Distribution:" See "warehousing".

"Dormitory:" A structure specifically designed for a long-term stay by students of a college, university, institute or nonprofit organization for the purpose of providing rooms or apartments for living purposes, and may include one (1) common kitchen and some common gathering rooms for social purposes.

"Drive aisle:" A paved surface that connects a driveway with a parking lot aisle.

"Drive-through lane:" A paved surface assigned to a specific drive-through use that is used for the purpose of conducting a business transaction without requiring a driver to exit a vehicle, and which is designed of sufficient length to accommodate vehicular queuing.

"Driveway:" An unobstructed paved area directly connecting a public or private street with vehicle parking, loading or maneuvering areas.

"Dwelling or dwelling unit:" A residential living unit that provides complete independent living facilities for one or more persons. it shall include permanent provisions for living, sleeping, eating, cooking, and sanitation and a separate entrance. It does not include convalescent homes, hospices, assisted living facilities, hospitals, hotels, and other accommodations for the transient public.

"Dwelling, attached:" Single-family dwellings attached in groups of two (2) or more by common vertical walls.

"Dwelling, detached:" A single-family dwelling that is not attached to any other dwelling by any means.

"Dwelling, duplex:" A building containing two (2) single-family dwelling units totally separated from each other by an unpierced wall extending from the ground to the roof.

"Dwelling, multi-family:" A building containing four (4) or more dwelling units.

"Dwelling, restricted-affordable:" A dwelling unit that, either through a deed restriction or a development agreement with the City of Avondale, shall be rented to households earning up to eighty (80) percent of area median income.

"Dwelling, single-family:" A building containing one (1) single-family dwelling unit.

"Dwelling, triplex:" A building containing three (3) dwelling units.

"Dwelling unit, accessory:" A self-contained residential living unit that is on the same lot or parcel as a single-family dwelling of greater square footage than the accessory dwelling unit. It shall include permanent provisions for living, sleeping, eating, cooking, and sanitation and a separate entrance.

"Employee:" With respect to article 10 only, a person who performs any service on the premises of a sexually oriented business on a full-time, part-time or contract basis, whether or not the person is denominated an employee, independent contractor, agent or otherwise and whether or not said person is paid a salary, wage or other compensation by the operator of said business. Employee does not include a person exclusively on the premises for repair or maintenance of the premises or equipment on the premises, or for the delivery of goods to the premises.

"Employment agency:" A business that charges a fee for providing information and placement services to candidates seeking employment and/or clients looking for qualified candidates through which candidates register with the agency, but do not wait on-site or at a central location for full time, part time, or temporary assignments and at which vocational guidance, employment counseling, resume writing, executive recruitment, payroll processing and similar personnel services may also be offered.

"Entertainment:" An engaging or diverting presentation of, or participation in, activities including, but not limited to, live singing, dancing, musical instrumentation, dramatic or prosaic presentations or poetic activities, but excluding adult live entertainment.

"Event:" A commercial, promotional, motorsports, sports or entertainment activity taking place at or on a major sports and entertainment district zoned property. Events may occur within the major sports and entertainment venue, within the surrounding parking areas, or both.

"Event day:" Any day upon which an event is scheduled to take place in advance at or in a major sports and entertainment venue.

"Evergreen tree or shrub:" A tree or shrub of a species that normally retains its leaves/needles throughout the year.

"Extended stay hotel:" Any building, other than a boarding house, containing four (4) or more guest rooms that are used, rented or hired for sleeping purposes by transient guests and contain kitchen facilities for food preparation including, but not limited to, stoves and ovens.

"Family:" means any of the following: (1) an individual or group of two (2) or more persons occupying a dwelling and living together as a single housekeeping unit in which each resident has access to all parts of the dwelling and where the adult residents share expenses for food or rent; (2) the occupants of a residential facility serving six (6) or fewer persons. For purposes of this definition, "six (6) or fewer persons" does not include people employed as staff.

"Farm animals:" Domesticated animals traditionally raised and kept for food, fiber, feathers, labor or riding. This includes horses, cattle, sheep, goats, fowl, rabbits and other similar animals and birds.

"Fence:" A barrier that serves to enclose an area intended to prevent intrusion or maintain inclusion at the boundary's limits. A fence shall not be considered or used in place of a required landscape screen wall.

"Flex space:" Space that provides a flexible configuration of office or showroom space combined with other uses such as laboratory, manufacturing, storage, light assembly, warehouse, and/or distribution.

"Floor area ratio:" The ratio of gross floor area to the net site area of the building site.

"Fowl:" Chickens, turkeys, ducks, geese, guinea fowl and peafowl.

"Fowl, backyard:" A domestic chicken located in the backyard of a detached single-family residence, excluding male fowl (roosters).

"Freeway:" For the purposes of this ordinance, freeway shall mean Interstate-10 or other limited access highway, including all traffic lanes, ramps, appurtenances and undeveloped or unpaved land within the associated Arizona Department of Transportation right-of-way.

"Garage:" A fully enclosed structure, or part thereof, used for the parking and storage of vehicles.

"Garage sale:" A general sale, open to the public, conducted on a premises on which a residential dwelling is located, for the purpose of disposing of personal property including, but not limited to, all sales entitled "garage," "lawn," "yard," or "rummage" sale.

"Gas station:" A place of business having pumps and/or storage tanks from which motor vehicle fuel is dispensed at retail into a motor vehicle or an approved container with accessory activities that may include the retail sale and installation of minor automobile parts and accessories, retail sales of food, drink and other convenience items, automobile washing, inspections or other routine vehicle maintenance, but shall not include major automotive repair work such as engine overhauling, body and fender repair, or painting.

"Grade:" The top of curb, or top of crown of a street where no curb exists, as established at the midpoint of the front of the lot used for establishing building heights.

"Gross floor area:" The sum of the gross areas of all floors of a building or buildings, measured from the exterior faces of exterior walls or from the centerlines of walls separating two (2) buildings, but not including underground parking spaces, uncovered stairwells or exterior balconies.

"Groundcover, non-vegetative:" Landscape materials that are not living. These materials include, but are not limited to, decomposed granite, gravel, crushed rock, boulders, river rock or other similar materials. Pavement shall not be considered groundcover for the purposes of landscaping.

"Groundcover, vegetative:" Living landscape materials characterized by horizontal as well as vertical growth but which generally do not exceed eighteen (18) inches in height. The intent of groundcover plants, when properly installed, is to form a continuous cover over the ground.

"Group foster home:" A home maintained by any individual or individuals having the care or control of six (6) to (10) ten minor children who are not: (a) related to such individuals or to each other by blood, marriage, or adoption; or (b) legal wards of such individuals. A group foster home shall be licensed by the State of Arizona and does not include homes licensed as a family foster home that are over capacity and have a group foster home certification.

"Group home:" A residential home or building(s) for six (6) to ten (10) unrelated individuals providing living facilities and sleeping rooms; and which also provides limited services, such as, but not limited to, meals, services to promote emotional support, life skills development and/or employment training. For purposes of this Code, any residential facility that does not fall within the other definitions of this code shall be deemed to be a "group home"; however, the term does not include any other group living arrangement for unrelated individuals who are not disabled nor correctional transitional facilities, residential facilites for sex offenders or sober living homes.

"Guest house:" A building used to house guests of the occupants of the main building, which is not rented or leased separately from the main building.

"Health and exercise center:" A building or portion of a building designed and equipped for the conduct of sports and exercise activities, or other customary and usual athletic recreational activities by individual persons or small groups, not to include stadiums, arenas, race tracks, or other large venues designed for spectator sports.

"Historic building:" Any building that is listed on the National Register of Historic Places, the Arizona Register of Historic Places, or that has been determined eligible for inclusion on the National Register of Historic Places by the Arizona State Historic Preservation Office.

"Home child care:" Any dwelling in which child care is provided as an accessory use, with or without compensation.

"Home occupation:" Any occupation or profession carried on by a member of a family residing on the premises that is clearly incidental to the use of the structure for dwelling purposes and which does not change the exterior character of the premises in any way. Home occupation does not include the operation of a group homes.

"Horse ranch:" A facility at which the breeding and raising of horses for sale is conducted.

"Hospice:" A facility or service that provides care for the terminally ill patient and support to the family. The care, primarily for pain control and symptom relief, can be provided in the home or in an inpatient setting. A hospice shall be considered an assisted living facility for the purposes of this ordinance.

"Hospital:" An institution licensed by the State of Arizona that provides medical, surgical, or psychiatric treatment and care to humans by State licensed medical personnel for the sick and injured on an ongoing basis twenty-four (24) hours a day, three hundred sixty-five (365) days a year.

"Hotel:" An establishment, other than a boarding house, containing five (5) or more guest rooms that, for a fee, provides temporary sleeping accommodations and customary lodging services, including maid service, the furnishing and upkeep of furniture, bed linens, telephone and desk service, as well as related ancillary uses including, but not limited to, conference and meeting rooms, restaurants, bars and recreational facilities.

"Household pets:" Small animals that are generally suited for residences and customarily kept for home companionship, hobbies or personal enjoyment. This includes, but is not limited to, cats, potbellied pigs, and dogs.

"Impound lot:" A facility that provides temporary outdoor storage of motor vehicles that are (A) to be claimed by titleholders or their agents, (B) not stored at said facility for more than forty-five (45) days and (C) operable and licensed at all times during such storage.

"Incidental commercial sales:" Commercial sales operated in conjunction with, upon the same premises as, and solely in support of similar uses located or planned within a business park development or conducive and subordinate to future business park and industrial uses.

"Independent living facility:" An apartment building designed to be occupied by elderly or retired persons of a specific age, generally over the age of 55. Independent Living Facilities may include common dining areas, but, because the dwelling units have individual kitchens, residents are typically not required to use these dining facilities.

"Indoor commercial recreation/entertainment use:" An indoor facility, with or without seating for spectators, and providing accommodations for a variety of individual, organized, or franchised sports. Such facility may also provide other regular organized or franchised events, health and fitness club facilities, swimming pool, snack bar, restaurant, retail sales of related sports, health, or fitness items, and other support facilities.

"Interior property line:" A recorded property line of a parcel or lot that is located within the area circumscribed by a recorded plat but not abutting public right-of-way.

"Joint use parking:" Use of the same parking spaces by adjacent uses that have staggered peak periods of demand, thereby reducing the amount of land consumed by parking. Also known as "shared parking".

"Kennel:" Any commercial establishment at which dogs and cats are bred or raised for sale, boarded or cared for, exclusive of dental, medical or surgical care.

"Kitchen incubator:" An educational facility offering restaurant business training that operates similar to a restaurant kitchen.

"Laboratory:" A building, or portion thereof, used or intended to be used for scientific experimentation, observation, testing or analysis.

"Landscape architect:" A person registered to practice landscape architecture in the State of Arizona.

"Landscape maintenance schedule:" A submitted and approved document describing the planting and irrigation protection plan that will cover a planting installation's short term and long term maintenance requirements.

"Landscape material:" Any materials, vegetative and non-vegetative, used for the purpose of landscape improvements which may include, but shall not be limited to, the following: trees, shrubs, groundcovers, turfs, vines, berms, non-vegetative groundcover materials, irrigation equipment, fences and walls.

"Landscape plan:" A graphic representation of the development site depicting the locations of all existing and proposed landscape improvements to be present on the site at the completion of project construction.

"Landscaping:" An exterior improvement of property in accordance with an approved landscape plan and utilizing approved landscape materials.

"Licensee:" With respect to article 10 only, a person in whose name a license to operate a sexually oriented business has been issued, as well as the individual listed as an applicant on the application for a license; and in the case of an employee, a person in whose name a license has been issued authorizing employment in a sexually oriented business.

"Livestock:" Cattle, horses, sheep, goats and similar animals, excluding swine.

"Lot:" A parcel of land created legally through a minor land division or plat, or two (2) or more contiguous parcels legally created to be used as a unit under the provisions of this ordinance, as shown in the records of the Maricopa County Recorder's Office, and having its principal frontage on a street. In any district where a half-street has been dedicated not less than twenty-five (25) feet in width, lots facing on such half-street shall be deemed to have frontage on a street.

"Lot, corner:" A lot located at the intersection of two (2) or more streets. A corner lot shall be considered to be on the block that the lot fronts.

"Lot, interior:" A lot having only one (1) side on a street.

"Lot, internal:" A lot within a planned shopping center having no street frontage but accessible to public streets through private infrastructure and access easements.

"Lot, key:" An interior lot, one (1) side of which is contiguous to the rear line of a corner lot.

"Lot length:" The length (or depth) of a lot shall be determined as follows:

(a)

If the front and rear lines are parallel, the shortest distance between such lines.

(b)

If the front and rear lines are not parallel, the distance between the midpoint of the front lot line and the midpoint of the rear lot line.

(c)

If the side lot lines are not parallel, the shortest distance between the front lot line and a line parallel to the front lot line, not less than ten (10) feet long lying wholly within the lot.

"Lot line, front:" The front lot line of a lot shall be determined as follows:

(a)

"Corner lot:" The front lot line of a corner lot shall be the property line abutting the lower adjacent street classification. If both abutting streets are the same classification, the front property line shall be the shorter of the two (2) lines adjacent to the streets. Where the lines are equal, the front lot line shall be that line which is obviously the front by reason of the prevailing custom of the other buildings on the block. If such front is not evident, then either may be considered the front of the lot, but not both.

(b)

"Interior lot:" The front property line of an interior lot shall be the line bounding the street frontage.

(c)

"Through lot:" The front property line of a through lot shall be that line which is obviously the front by reason of the prevailing custom of the other buildings on the block. Where such front property line is not obviously evident, the board of adjustment shall determine the front property line.

"Lot line, rear:" The rear property line of a lot is that lot line opposite to the front property line. Where the side property lines of a lot meet in a point, the rear property line shall be assumed to be a line of not less than ten (10) feet long, lying within the lot and parallel to the front property line. In the event that the property line is a curved line, then the rear property line shall be assumed to be a line not less than ten (10) feet long, lying within the lot and parallel to a line tangent to the front property line at its midpoint.

"Lot line, side:" The side property lines of a lot are those lot lines connecting the front and rear property lines of a lot.

"Lot, through:" A lot contiguous to two (2) parallel or approximately parallel streets.

"Lot width:" The width of a lot means the horizontal distance between the side lot lines measured at right angles to the lot depth line (axis) at a point midway between the front and rear lot lines.

"Maintenance, building or site:" The replacing of a part or parts of a building or site that have been made unusable by ordinary wear and tear, or by the weather.

"Maintenance, landscaping:" The process of keeping a landscape healthy, clean, safe and attractive by landscape irrigation management, general care of landscape areas, including, but not limited to, weeding, erosion control and re-vegetation, turf care maintenance, ornamental pest control, seasonal flower color programs, professional tree care and water feature maintenance.

"Major sports and entertainment venue:" A commercial structure consisting of tiered seats around a field, court or racetrack, intended to be used for the viewing of sporting events but which may also be used for entertainment and other public gathering purposes and which may also include food service facilities and other accessory uses customarily associated with the operation of the venue.

"Manufactured home:" A mobile home manufactured or constructed in accordance with the Federal Manufactured Home Construction and Safety Standards (42 USC 5403), as amended.

"Manufactured home park:" Any area or tract of land designed for the parking or other type of installation of manufactured or mobile homes on spaces or lots offered for lease or rent, including all improvements, buildings, structures, recreation areas or other facilities for the use of the residents of such development.

"Manufacturing and assembly, heavy:" The manufacturing, assembly, fabrication, packaging or other industrial processing of products primarily from extracted or raw materials whose process typically produces noise, dust, odors and/or vibrations detectable outside of the building.

"Manufacturing and assembly, light:" Manufacturing from predominantly previously prepared materials, of finished products or parts, including processing, fabrication, assembly, treatment and packaging, but excluding basic industrial processing and taking place entirely within doors and producing no detectable noise, dust, odors or vibrations outside the building.

"Marijuana establishment:" Means an entity licensed by the Arizona Department of Health Services to operate all of the following:

1.

A single retail location at which the licensee may sell marijuana and marijuana products to consumers, cultivate marijuana and manufacture marijuana products.

2.

A single off-site cultivation location at which the licensee may cultivate marijuana, process marijuana and manufacture marijuana products, but from which marijuana and marijuana products may not be transferred or sold to consumers.

3.

A single off-site location at which the licensee may manufacture marijuana and marijuana products and package and store marijuana and marijuana products, but from which marijuana and marijuana products may not be transferred or sold to consumers.

Marijuana establishments shall not include marijuana testing facilities as defined in Ariz. Rev. Stat. § 36-2850.

"Marquee:" A permanent roof-like structure extending from part or the entire building facade over a walkway either within or outside the public right-of-way and constructed of some durable material such as metal, glass or plastic.

"Massage:" The manipulation of body muscle or tissue by rubbing, stroking, kneading or tapping, by hand or mechanical device.

"Massage or day spa:" An establishment where massage is administered by someone other than a medical practitioner, chiropractor, physical therapist or similar person licensed by the State of Arizona.

"Massage therapy:" Massage administered for medical purposes by a medical practitioner, chiropractor, physical therapist or similar person licensed by the State of Arizona.

"Master planned development:" A self-contained development under unified ownership, often with a mixture of land uses, planned and developed as a whole in a single phase or programmed in a determined series of phases, and in which the subdivision and zoning controls are applied to the project as a whole rather than to individual lots.

"Medical marijuana:" "Marijuana" for "medical use" as those terms are defined in Ariz. Rev. Stat. § 36-2801, as amended.

"Medical marijuana dispensary:" A nonprofit medical marijuana dispensary (as defined in Ariz. Rev. Stat. § 36-2801, as amended) duly registered and certified pursuant to Ariz. Rev. Stat. § 36-2804, as amended.

"Medical office:" A room or group of rooms used exclusively by physicians, dentists or similar personnel for the treatment and examination of patients solely on an outpatient basis.

"Mini-storage warehouse:" A facility that leases space to individuals or to small businesses wherein the rented spaces, known as "units", are secured by the tenant's own lock and key.

"Mobile food vendor:" A food establishment that is readily movable and that dispenses food or beverages for immediate service and consumption from any vehicle.

"Mobile home:" A structure at least eight (8) feet in width and thirty-two (32) feet in length, built on a permanent chassis and designed to be used as a dwelling unit.

"Motor vehicle:" Defined as set forth in Ariz. Rev. Stat. § 28-101, as amended.

"Multiple-trunk tree:" A tree with more than one (1) main trunk. To be considered a multiple-trunk tree, additional trunks should originate either from the soil line or no higher than twelve (12) inches above ground. Any tree that has additional trunks (scaffold branches) higher than twelve (12) inches is not considered a multiple-trunk tree.

"Multi-tenant non-residential development:" A development site for a shopping center, office park or commerce park whereupon a number separate commercial and/or employment activities are located and in which there are appurtenant shared facilities, such as parking and pedestrian walkways. Distinguishing characteristics of a multi-tenant non-residential development may, but need not, include common ownership of the real property upon which the development is located, common wall construction, and multiple-occupant commercial use of a single structure.

"Mural:" A non-commercial message, picture, scene, or diagram exhibited on the outside wall of a building or structure through application of paint, canvas, tile, panels or similar materials such that the wall becomes the background surface or platform for the mural. A mural shall be considered a wall sign or commercial message if it contains words, logos, trademarks or graphic representations of any person, product or service for the purpose of advertising or identifying a business. Explanatory wording relative to the artwork may be incorporated into the mural.

"Natural vegetative screen:" A solid visual barrier designed and installed with long-lived plant material to conceal areas used for refuse, mechanical equipment, parking, and service and loading bays from street and public views and to separate potential incompatible land uses.

"Net floor area:" The total square footage of interior floor areas, interior courtyards, outdoor storage areas, and outdoor dining areas, exterior walkways, parking areas and landscaped areas, excluding the thickness of exterior walls.

"New urbanism:" The process of reintegrating the components of modern life (i.e. housing, workplace, shopping, and recreation) into compact, pedestrian-friendly, mixed-use neighborhoods served by transit and set in a larger regional open space framework.

"Night club:" A place of entertainment, open at night usually serving food, beer, wine and liquor and providing music and space for dancing.

"Non-chartered financial institution:" A business, other than a state or federally chartered bank, credit union, mortgage lender or savings and loan association, that offers check cashing services, vehicle title loans and loans for payment of a percentage fee. Specifically included are, check cashing businesses that charge a percentage fee for cashing a check or negotiable instrument and loan businesses that make loans upon assignments of wages to be received or collateral, such as a vehicle title.

"Non-conforming buildings, uses, and lots:" See subsection 28-1(f).

"Non-consignment secondhand retail store:" A retail establishment where previously owned merchandise, such as household goods and electronics, small appliances, books, toys, sports/recreational equipment, clothing, jewelry, shoes, and fashion-related accessories, is sold. This use specifically excludes donated items from being sold. This classification does not include secondhand motor vehicles, parts, or accessories, and large appliances.

"Nursing home:" A facility served by a common kitchen that provides living quarters and medical care to elderly and chronically ill residents, and which is licensed by the State of Arizona as a nursing home.

"Office:" A room or group of rooms used for conducting the affairs of a business, profession, service industry or government.

"Off-street parking space:" A paved and properly drained area, enclosed or unenclosed (unless specified), permanently reserved for parking one (1) automobile.

"Open space:" Areas within a development that are either improved or unimproved, and are designated and intended for the common use or enjoyment of the residents, guests and patrons for leisure time activities or for aesthetic enhancement of the development. Said areas are comprised active and passive recreation areas, and improvements as are necessary and appropriate for the intended users.

"Open space, active:" Open space that is improved and set aside, dedicated, designated, or reserved for recreational facilities such as swimming pools, play grounds, ball fields, court games, picnic tables or other activities.

"Open space, passive:" Passive open spaces are unimproved areas used for recreation activities typically undertaken on an individual or small group basis. Passive recreation may include activities such as hiking, bird watching, nature observation, canoeing, jogging, bicycling, horseback riding or other non-motorized trail-oriented activities requiring only limited modifications to the natural landscape. Non-trail oriented activities such as boating, fishing; environmental education, and picnicking are also considered passive recreation.

"Outdoor dining:" An accessory to a restaurant use that is located on private property and used exclusively for dining, drinking and pedestrian circulation.

"Parapet:" The portion of a wall that extends above the roof line.

"Parcel:" A lot or a contiguous group of lots under common ownership and/or control that are considered a single development site.

"Palm tree:" A vertical palm that can reach twenty (20) feet or greater in height upon maturity.

"Park tree:" Any tree, shrub, bush and all other woody vegetation in public parks and all other public lands owned by the city, or to which the public has free access as a park.

"Parking lot:" A parcel of land upon which members of the general public may park their vehicles at no cost for the purpose of utilizing a use or facility.

"Parking lot aisle:" The areas immediately adjacent to parking stalls that permit maneuvering of cars entering and leaving the parking stalls, and which connect the parking stalls to the driveway or drive aisle.

"Parking lot, commercial:" A parcel of land upon which members of the general public may park a vehicle by paying a charge or fee for said usage to the landowner or his agent.

"Patio home:" An attached or detached single-family dwelling constructed with no side yard on one (1) or more sides of the lot.

"Paved surface:" A surface of masonry, concrete (including stamped/colored concrete) or asphalt. Properly compacted decomposed granite so as to provide an all-weather surface may be an acceptable paved surface for storage uses only.

"Pawn shop:" An establishment where money is loaned on security of personal property left in pawn and pledged as collateral, and where the pledged property may be sold to the public if not redeemed by the pledgor within a fixed amount of time.

"Permeable paving:" A specific type of pavement with high porosity that allows rainwater to pass through it and into the ground below. Permeable pavement shall be in the form of pervious concrete, plastic grids, permeable interlocking concrete pavers, permeable clay brick pavers, resin bound decorative paving, and bound recycled glass porous pavement.

"Permitted use:" The ability for a development to be approved without requiring a public hearing, variance, conditional use permit, special permit or special exception, other than a discretional zoning action to determine that a site plan conforms with applicable zoning regulations.

"Person:" An individual, proprietorship, partnership, corporation, association or other legal entity.

"Pet boarding and day care facility:" A commercial establishment where domestic pets are temporarily housed within separate indoor units. This does not include the breeding, raising, or sale of animals. Pet grooming, training, veterinary care, or the sale of pet products may occur as accessory uses.

"Place of worship:" A permanently located building wherein persons regularly assemble for religious worship and which is maintained and controlled by a religious body to sustain public worship and related uses.

"Planning division:" The division within the Department responsible for planning, zoning and development-related activities.

"Plant material:" All vegetative landscaping material.

"Plate line:" The point at which any part of the roof structure first touches or bears upon an external wall.

"Primary elevation:" The side of a commercial, office, or industrial building or tenant suite that contains the main entrance. In instances where there is no singular main entrance, the primary elevation shall be the building's most significant side as determined by the zoning administrator.

"Profession:" An occupation involving the dispensation of a service that involves either some skill or knowledge, or that requires connections to other business not easily or readily available to the general public (examples are lawyers, architects, financial services, stockbrokers, detective agencies, engineers, land use planners, etc.) A distinction is made between purveyors of professions and purveyors of merchandise or repair of articles.

"Property line:" See "lot line".

"Public art:" Any work of art created by visual artists or public context designers that is sited in a public place for people to experience and encounter on a daily basis in the public sphere. Public art can include murals, outdoor sculptures or infrastructure such as public fixtures, furniture and other functional elements.

"Public art, exterior:" Art displayed in the region that is outside and in front of a building.

"Public art, interior:" Art displayed in the inner part of a building, including foyers and internal courtyards, that is accessible to the general public during all hours.

"Public service:" A service performed for the benefit of the public, typically by a governmental entity or nonprofit organization.

"Public uses:" Public use includes, but is not limited to, streets, highways, government buildings, parks, water reservoirs and treatment facilities, flood control, public theaters, safety facilities, bridges, public utilities, and canals.

"Queuing space:" A temporary waiting area for motor vehicles generally associated with a drive-through use or egress from a site. Also known as "stacking space".

"Reasonable accommodation:" means an administrative adjustment of rules, policies, practices, or services, when such accommodations may be necessary to afford [the disabled] equal opportunity to use and enjoy a dwelling without resulting in an undue burden upon the city.

"Recreational vehicle:" A vehicle designed and/or used for living or sleeping and/or recreational purposes and equipped with wheels to facilitate movement from place to place, including automobiles when used for living or sleeping purposes and including pick-up coaches (campers), motorized homes, boats, travel trailers and camping trailers, none of which meet the specifications required for a manufactured home.

"Recreational vehicle park:" Any lot, tract, or parcel of land used or offered for use in whole or in part for the rental of sites for the parking of three (3) or more recreation vehicles, but not including mobile home parks or subdivisions.

"Rehabilitation facility or hospital:" A facility or hospital that specializes in providing therapy and training for persons overcoming physical or mental illnesses. The center may offer occupational therapy, physical therapy, and special training such as speech therapy.

"Rental, long-term:" A rental use in which the tenant holds a lease of ninety days or longer or on a month-by-month basis.

"Rental, short-term:" See Avondale City Code chapter 13, section 13-181, Definitions.

"Resort:" A group or groups of buildings containing more than five (5) dwelling units and/or guest rooms and providing outdoor recreational activities which may include golf, horseback riding, swimming, shuffleboard, tennis and similar activities. A resort may furnish services customarily furnished by a hotel, including a restaurant, cocktail lounge and convention facilities.

"Restaurant, drive-through:" A restaurant, most often a fast food restaurant, where prepared food and drink are sold for consumption by order from vehicular passengers outside the structure. Drive-through restaurants may also provide interior areas for ordering and dining.

"Restaurant, fast-food:" An establishment engaged primarily in the business of preparing food and purveying it on a self-service or semi self-service basis. Customer orders and/or service may be by means of a walk-up counter or window designed to accommodate automobile traffic. Consumption may be either on or off the premises.

"Restaurant, without drive-through:" An establishment where food and beverage are served to the public on demand from a menu during stated business hours, served in reusable containers and dinnerware, to be consumed on the premises primarily inside the building at tables, booths, or counters, with chairs, benches, or stools, where food sales constitute more than fifty (50) percent of the gross sales receipts for food and beverages. Full service restaurants may provide take out service and/or outdoor seating as an accessory.

"Retail:" The business of selling personal property directly to the ultimate consumer for any purpose other than for resale.

"Retention basin:" A basin designed for the retention of stormwater, having a depth in excess of eighteen (18) inches and a permeable surface.

"Revitalization area:" An area that has become undesirable for typical development and occupancy because of a lack of development, cessation of growth, deterioration of improvements or character of occupancy, age, obsolescence, substandard buildings, or other factors which have impaired value or which prevent normal development or use of property.

"Right-of-way:" An area of land not on a lot or site that is dedicated for public or private use to accommodate a transportation system and/or public utility infrastructure (including, but not limited to, water lines, sewer lines, power lines and communication lines). In no case shall right-of-way include a private easement, federal interstate highway, a state highway or state route under the jurisdiction of the Arizona Department of Transportation.

"Roof:" A continuous solid sheathing cover on a structure, which provides protection from rain, wind, sun, or other natural elements.

"Roof line:" The highest point of the main roof structure, not including cupolas, projections or other similarly minor raised portions of the roof.

"Sanitary landfill:" A lot or part thereof used primarily for the disposal by abandonment, dumping, burial, burning, or other means and for whatever purpose, of garbage, sewage, trash, refuse, junk, discarded machinery, vehicles, or parts thereof, or nontoxic waste material of any kind.

"School, business:" A school offering courses, especially at the graduate level, in economics, management, accounting, sales, etc.

"School, charter:" A public school that serves as an alternative to a traditional public school, which is established and operated pursuant to Ariz. Rev. Stat. § 15-181 et seq., as amended.

"School, elementary:" A school including usually the first four (4) to the first eight (8) grades and often a kindergarten.

"School, pre-school:" A school for children usually younger than those attending elementary school or kindergarten.

"School, primary:" Same as elementary school.

"School, private:" A school that is established conducted and primarily supported by a nongovernmental entity.

"School, public:" A free, tax-supported school controlled by a local governmental authority.

"School, secondary:" A school intermediate between elementary school and college and usually offering general, technical, vocational, or college-preparatory courses.

"School, technical:" A general term used for a two (2) year college that provides mostly employment-preparation skills for trained labor.

"School, vocational, commercial, or trade:" A secondary school teaching specific skilled trades.

"Screen wall:" See "wall".

"Seasonal sale:" The sale of seasonal or holiday-related merchandise at temporary locations, including but not limited to fireworks, Christmas trees and pumpkins. For the purposes of this ordinance, seasonal sales shall also include the off-site sale at temporary locations of souvenirs, gifts and food incidental to a sporting event.

"Service:" Useful labor that does not produce a tangible commodity.

"Setback:" The minimum distance between a building, structure, wall, property line, parking lot, sign or any combination thereof as defined by the type of setback in this ordinance.

"Setback, parking:" The minimum distance between a parking lot and the street side property line. Parking is not permitted within the required setback area and the parking lot line is determined by the edge of the paved surface.

"Setback line:" A line designating the distance which a building or parking lot must be set back from a property line.

"Sexually oriented business:" An adult arcade, adult bookstore, adult novelty store, adult video store, adult cabaret, adult hotel, adult motion picture theater, adult theater, escort agency, nude model studio, or sexual encounter center. When referring to a Sexually Oriented Business, the terms below shall have the following meanings:

"Adult arcade:" Any place to which the public is permitted or invited wherein coin-operated, slug-operated, or for any form of consideration, or electronically, electrically, or mechanically controlled still or motion picture machines, projectors, video or laser disc players, or other image-producing devices are maintained to show images to five (5) or fewer persons per machine at any one (1) time, and where the images so displayed are distinguished or characterized by the depicting or describing of "specified sexual activities" or "specified anatomical areas" and having a substantial portion of its stock in trade, books, magazines and other periodicals depicting, describing or relating to "specified sexual activities" or which are characterized by their emphasis on matter depicting, describing, or relating to "specified anatomical areas."

"Adult bookstore/adult novelty store/adult video store:" A commercial establishment which, as one (1) of its principal purposes, offers for sale or rental for any form of consideration any one (1) or more of the following: (A) Books, magazines, periodicals or other printed matter, or photographs, films, motion pictures, video cassettes or video reproductions, slides or other visual representations which are characterized by the depiction or description of "specified sexual activities" or "specified anatomical areas"; or (B) Instruments, devices, or paraphernalia that is designed for use in connection with "specified sexual activities." A commercial establishment may have other principal business purposes that do not involve the offering for sale or rental of material depicting or describing "specified sexual activities" or "specified anatomical areas" and still be categorized as adult bookstore, adult novelty store or adult video store. Such other business purposes will not serve to exempt such commercial establishments from being categorized as an adult bookstore, adult novelty store, or adult video store so long as one (1) of its principal business purposes is the offering for sale or rental for consideration the specified materials which are characterized by the depiction or description of "specified sexual activities" or "specified anatomical areas."

"Adult cabaret:" A nightclub, bar, restaurant or similar commercial establishment that regularly features: (A) Persons who appear in a state of nudity or semi-nude; or (B) Live performances that are characterized by the exposure of "specified anatomical areas" or by "specified sexual activities"; or (C) Films, motion pictures, video cassettes, slides, or other photographic reproductions, that are characterized by the depiction or description of "specified sexual activities" or "specified anatomical areas."

"Adult hotel:" A hotel or similar commercial establishment that:

(a)

Offers accommodations to the public for any form of consideration and which provides patrons with closed-circuit television transmissions, films, motion pictures, video cassettes, slides, or other photographic reproductions that are characterized by the depiction or description of "specified sexual activities" or "specified anatomical areas" and which has a sign visible from the public right-of-way that advertises the availability of this adult type of photographic reproductions; or"

(b)

Offers a sleeping room for rent for a period of time that is less than ten (10) hours; or

(c)

Allows a tenant or occupant of a sleeping room to sub rent the room for a period of time that is less than ten (10) hours.

"Adult motion picture theater:" A commercial establishment where, for any form of consideration, films, motion pictures, video cassettes, slides, or similar photographic reproductions are regularly shown which are characterized by the depiction or description of "specified sexual activities" or "specified anatomical areas."

"Adult theater:" A theater, concert hall, auditorium, or similar commercial establishment that regularly features persons who appear in a state of nudity or semi-nude, or live performances which are characterized by the exposure of "specified anatomical areas" or by "specified sexual activities."

"Escort:" A person who, for consideration, agrees or offers to act as a companion, guide, or date for another person, or who agrees or offers to privately model lingerie or to privately perform a striptease for another person.

"Escort agency:" A person or business association who furnishes offers to furnish or advertises to furnish escorts as one (1) of its primary business purposes for a fee, tip, or other consideration.

"Establishment:" Includes, with respect to article 10 only, any of the following:

(a)

The opening or commencement of any sexually oriented business as a new business.

(b)

The conversion of an existing business, whether or not a sexually oriented business, into any sexually oriented business.

(c)

The additions of any sexually oriented business to any other existing sexually oriented business.

(d)

The relocation of any sexually oriented business.

"Nude model studio:" Any place where a person who appears semi-nude, in a state of nudity, or who displays "specified anatomical areas" and is provided to be observed, sketched, drawn, painted, sculptured, photographed or similarly depicted by other persons who pay money or any form of consideration. Nude model studio shall not include a proprietary school licensed by the State of Arizona or a college, junior college or university supported entirely or in part by public taxation; a private college or university which maintains and operates educational programs in which credits are transferable to a college, junior college, or university supported entirely or partly by taxation, or in a structure:

(a)

That has no sign visible from the exterior of the structure and no other advertising that indicates a nude or semi-nude person is available for viewing;

(b)

Where, in order to participate in a class, a student must enroll at least three (3) days in advance of the class; and

(c)

Where no more than one (1) nude or semi-nude model is on the premises at any one (1) time.

"Nudity" or "a state of nudity:" The showing of the human male or female genitals, pubic area, vulva, anus, anal cleft or cleavage with less than a fully opaque covering, the showing of the female breast with less than a fully opaque covering of any part of the nipple, or the showing of the covered male genitals in a discernibly turgid state.

"Semi-nude" or "in a semi-nude condition:" The showing of the female breast below a horizontal line across the top of the areola at its highest point or the showing of the male or female buttocks. This definition shall include the entire lower portion of the human female breast, but shall not include any portion of the cleavage of the human female breast, exhibited by a dress, blouse, skirt, leotard, bathing suit, or other wearing apparel provided the areola is not exposed in whole or in part.

"Sexual encounter center:" A business or commercial enterprise that, as one (1) of its principal business purposes, offers for any form of consideration:

(a)

Physical contact in the form of wrestling or tumbling between persons of the opposite sex; or

(b)

Activities between male and female persons and/or persons of the same sex when one (1) or more of the persons is/are in a state of nudity or semi-nude.

"Specified anatomical areas:"

(a)

The human male genitals in a discernibly turgid state, even if completely and opaquely covered; or

(b)

Less than completely and opaquely covered human genitals, pubic region, buttocks, or a female breast below a point immediately above the top of the areola.

"Specified criminal activity:" Any of the following offenses:

(a)

Prostitution or promotion of prostitution; dissemination of obscenity; sale, distribution or display of harmful material to a minor; sexual performance by a child; possession or distribution of child pornography; public lewdness; indecent exposure; indecency with a child; engaging in organized criminal activity; sexual assault; molestation of a child; gambling; or distribution of a controlled substance; or any similar offenses to those described above under the criminal or penal code of other states or countries.

(b)

For which:

(1)

Less than two (2) years have elapsed since the date of conviction or the date of release from confinement imposed for the conviction, whichever is the later date, if the conviction is of a misdemeanor offense;

(2)

Less than five (5) years have elapsed since the date of conviction or the date of release from confinement for the conviction, whichever is the later date, if the conviction is of a felony offense; or

(3)

Less than five (5) years have elapsed since the date of the last conviction or the date of release from confinement for the last conviction, whichever is the later date, if the convictions are of two (2) or more misdemeanor offenses or combination of misdemeanor offenses occurring within any twenty-four-month period.

(c)

The fact that a conviction is being appealed shall have no effect on the disqualification of the applicant or a person residing with the applicant.

"Specified sexual activities:" Any of the following:

(a)

The fondling or other erotic touching of human genitals, pubic region, buttocks, anus, or female breasts;

(b)

Sex acts, normal or perverted, actual or simulated, including intercourse, oral copulation, masturbation, or sodomy; or

(c)

Excretory functions as part of or in connection with any of the activities set forth in (a) and (b) above.

"Substantial enlargement of:" The increase in floor area occupied by the business by more than twenty-five (25) percent, as the floor area existed on July 17, 2002.

"Transfer of ownership or control of:" Includes any of the following:

(a)

The sale, lease, or sublease of the business;

(b)

The transfer of securities which constitute a controlling interest in the business, whether by sale, exchange, or similar means; or

(c)

The establishment of a trust, gift, or other similar legal device which transfers the ownership or control of the business, except for transfer by bequest or other operation of law upon the death of the person possessing the ownership or control.

"Shrub:" A woody plant that has several stems that rise from the ground level.

"Sidewalk café:" An accessory use to a restaurant use that is located within the sidewalk area or pedestrian plaza area of the public right-of-way and used exclusively for dining, drinking and pedestrian circulation.

"Sign:" Any display of any letter, numeral, figure, emblem, picture, outline or character visible to the eye. The definition shall include any device for visual communication that is used for the purpose of bringing the subject thereof to the attention of the public, but not including any flag, badge or insignia of any government or governmental agency, or of any civic, charitable, religious, patriotic, fraternal or similar organization, and further not including any item of merchandise normally displayed within a shop window of a merchant.

"Sign, abandoned:" Any sign that no longer correctly directs a person to or advertises a bona fide business, lessor, owner, product, activity conducted, or product available on the premises where such sign is displayed.

"Sign, address:" A sign designed to display the number or other designation assigned to a housing unit, business establishment or other structure for purposes of mail delivery, emergency services and similar purposes.

"Sign, a-frame:" A temporary/portable sign constructed in such a manner as to form an "A" or tent-like shape.

"Sign, animated:" Any sign that includes action, motion, or color changes of all or any part of the sign facing that is powered by electrical energy or set in motion by movement of the atmosphere, excluding flags.

"Sign, area of:" See section 28-196 below.

"Sign, banner:" A temporary sign made of fabric, plastic, or other light, pliable, weather-resistant material, not enclosed in a rigid frame.

"Sign, blade:" A small, pedestrian-oriented sign that is hung beneath a canopy for the purpose of business identification.

"Sign, box cabinet:" A sign that contains two (2) dimensional text and/or logos painted on or otherwise affixed to a panel, usually Lexan®, and attached to a cabinet. This definition shall not include custom cabinet signs, which by definition include a minimum of three (3) graphic levels to create depth and add visual interest.

"Sign, center identification wall:" A sign located on the exterior wall of a building used to identify only the name of a shopping center or office complex that is placed on building frontages that are not occupied by any tenant and that are common building space, such as a common lobby or open breezeway.

"Sign, classic:" A sign (freestanding, building-mounted or otherwise) that is determined by the city council to be of extraordinary significance to the city's history and identity and that possesses unique physical design characteristics.

"Sign, coming soon:" A temporary sign used to indicate the future opening of a new business or residential community that may be posted no sooner than thirty (30) days prior to the actual opening of the business. Coming Soon signs can take the form of pennants, banners, or flags.

"Sign, contractor:" A temporary sign identifying an architect, engineer, contractor, subcontractor or material supplier who participates in construction on the property on which the sign is located.

"Sign, custom cabinet:" A sign composed of a minimum of three (3) graphic levels, each level a minimum of two (2) inches deep, mounted to a custom, non-rectangular cabinet.

"Sign, directional:" A sign of non-commercial nature that indicates access to parking and loading areas or indicates traffic circulation patterns, or which indicates the location of public or educational institutions, historical areas or structures or public parks, but which specifically does not include the name or logo of any commercial business.

"Sign, directly illuminated:" Any sign designed to provide artificial light through exposed lighting on the sign face, such as neon. This definition shall not include internally illuminated pan channel or other similar internally illuminated signs.

"Sign, directory:" A sign designed to show the relative location of several activities within a shopping center, office park, commerce park, apartment complex or other multi-tenant master planned development.

"Sign, drive-through menu board:" A wall or freestanding sign that lists the products and prices of products for items available at drive-through facilities, often containing a two-way communication device used by customers to place an order.

"Sign, electrical:" Any sign or advertising device that has electrical wiring in or attached to it.

"Sign, electronic message display:" A sign or portion of a sign consisting of a video screen or similar technology displaying a fixed and/or varying message and which changes through electronic means.

"Sign, embellishment:" Anything that enhances the appearance of a freestanding sign without having a functional purpose. For the purpose of this ordinance, embellishment does not include any symbol, representation, logo, insignia, illustration or other form of advertising message for any business on-site, but may include the name and/or symbol, representation, logo or insignia of a master planned shopping center, office park, commerce park or other master planned multi-tenant development.

"Sign, flag:" Any fabric or other flexible material designed to be flown from a flagpole or similar device.

"Sign, freestanding:" A sign anchored directly to the ground or supported by one (1) or more posts, columns or other vertical structures or supports, and not attached to or dependent for support from any building.

"Sign, freeway pylon:" A freestanding sign designed and oriented to attract the attention of freeway drivers to a commercial or mixed-use development site directly abutting a freeway right-of-way.

"Sign, fuel price:" A variable message sign used by vehicle fueling stations to identify the type, grade and price of fuel being sold.

"Sign, future development:" A temporary sign that provides information about the future development of a property and may include a depiction of an approved site plan, approved building elevations and contact information for parties involved in the project.

"Sign, grand opening:" A temporary sign used to indicate the opening of a new business or residential community that may be posted no earlier than thirty (30) days prior to the actual opening of the business or residential community. Grand opening signs can take the form of pennants, banners, flags, inflatables, character or product likenesses, attention-attracting media and devices, and other inanimate non-merchandise displays.

"Sign, height of:" The vertical distance measured from the adjacent street grade or upper surface of the curb, whichever permits the greatest height, to the highest point of said sign.

"Sign, ideological:" A temporary sign that announces or supports the personal views of the property owner or tenant of the parcel on which the sign is located.

"Sign, illegal:" Any sign that does not meet at least one (1) of the following conditions:

(a)

Allowed by zoning ordinance article 9 and not requiring a permit.

(b)

Allowed by zoning ordinance article 9 with a permit, and carrying a valid permit.

(c)

Not allowed by zoning ordinance article 9, but legalized by variance and proper permit.

(d)

Not allowed by zoning ordinance article 9, but approved as part of a comprehensive sign plan associated with a planned area development (PAD) or through a development agreement.

(e)

A legal nonconforming sign as defined in this ordinance.

"Sign, indirectly illuminated:" A sign that contains a source of illumination wholly within the sign that makes the design visible at night by means of lighting the background upon which free-standing characters or letters are mounted, but for which the source of illumination is not visible. The characters or letters themselves shall be opaque, and are silhouetted against the background.

"Sign, interim business identification banner:" A temporary banner used to identify a business only during the time period a permanent wall sign is being designed, constructed and installed.

"Sign, internally illuminated:" A sign that contains a source of illumination located wholly inside the sign, designed to make the sign content visible at night by means of light being transmitted through a translucent material, but for which the source of illumination is not visible.

"Sign, leading edge:" The portion of a free standing sign or the base of the sign that is nearest to a property line.

"Sign, legal non-conforming:" Any sign that is not allowed under article 9, but which, when first constructed, was legally allowed by the City of Avondale or the political subdivision then having the control and regulation over construction of such sign.

"Sign, low-profile wall identification:" A type of wall sign identifying the name and/or address of a master planned commercial, employment or mixed-use development that is used to create a sense of place, but which shall not be used for advertising purposes.

"Sign, maintenance of:" The replacing or repairing of a part or portion of a sign made unusable by ordinary wear and tear or by damage beyond the control of the sign's owner.

"Sign, model home:" A temporary sign that serves to draw attention to a builder's sales office and/or model home site.

"Sign, monument:" A freestanding sign where the base of the sign structure is on the ground or a maximum of twelve (12) inches above the adjacent grade and the width of the top of the sign structure is no more than one hundred twenty (120) percent the width of the base, and which is designed to complement the architecture of buildings on the site and which contains tenant information and the address of the building(s) it supports.

"Sign, multi-tenant monument:" A monument sign that serves as a common or collective identification for two (2) or more uses on the same site and containing tenant information and address and the name of the shopping center, office park or other multiple user development type that it serves.

"Sign, now hiring:" A temporary sign used to indicate employment opportunities for a new business that may be posted no earlier than forty-five (45) days prior to the actual opening of the new business. Now Hiring signs can take the form of pennants or banners.

"Sign, off-premise:" A sign or similar structure that portrays information and directs attention to a business, commodity, service, entertainment venue or product not located on the premises upon which the sign is located.

"Sign, open house:" A temporary sign used to advertise the sale of a house and direct traffic to the house for sale, which is typically, placed off-site in proximity to the house for sale.

"Sign, permanent:" A sign that is intended to be and is so constructed as to be of lasting and enduring condition, remaining unchanged in character, condition (beyond normal wear) and position.

"Sign, pole:" A freestanding sign where the width of the top of the sign structure is over one hundred twenty (120) percent wider than the width of the base.

"Sign, political:" A temporary sign announcing or supporting candidates or issues in connection with any national, state or local election.

"Sign, portable:" Any sign not permanently affixed to the ground or structure on the premises it occupies.

"Sign, portable religious assembly:" A portable sign, often located off-site, used to display the time and date of religious services at a nearby place of worship and to direct people to said place of worship.

"Sign, projecting:" Any sign attached to a building or other structure that extends in whole or in part more than fifteen (15) inches beyond the building line. Where permitted by article 9, projecting signs, excluding blade signs, shall be considered wall-mounted signs for the purpose of calculating area.

"Sign, raceway:" An electrical enclosure that may also serve as a mounting structure for a sign.

"Sign, real estate:" A temporary sign indicating the availability for sale, rent, or lease of a specific parcel, building, or portion of a building, along with contact information for the associated property owner or real estate broker.

"Sign, single-tenant monument:" A monument sign that identifies the name, address and tenant information of a single-user development.

"Sign, special promotion:" A temporary sign used to advertise a sale event or other similar special promotion that can take the form of pennants, banners, flags, inflatables, character or product likenesses, attention-attracting media and devices, and other inanimate non-merchandise displays. Search lights may also be considered special promotion signs.

"Sign, stroke width:" The width of the major lines comprising a letterform.

"Sign structure:" The supports, uprights, braces and framework of a sign.

"Sign, subdivision identification:" A sign, by means of symbol or name, that identifies a residential community, but which does not include information used for a commercial purpose, including leasing rates, phone numbers or similar information.

"Sign, temporary:" A sign not intended or designed for permanent display.

"Sign, theater:" A variable message sign used by motion picture and performing arts theaters to announce current attractions, show times and on-site events.

"Sign, variable message:" A sign or portion of a sign designed to allow the immediate and frequent change of copy by manual, mechanical or electronic means.

"Sign, vehicle:" A sign mounted, pasted, painted or drawn on any vehicle, whether motorized or drawn, that is placed, parked, or maintained at one (1) particular location for the express purpose and intent of promotion or conveying an advertising message.

"Sign walker:" A person, who wears, holds or balances a commercial sign for the explicit purpose of promoting a business.

"Sign, wall-mounted:" A sign mounted to the wall of a building or structure.

"Sign, way-finding:" An off-premise sign that is part of a city-sponsored and coordinated program for the purpose of facilitating vehicular tourist transit to local destinations as designated by the way-finding sign program.

"Sign, window:" A sign affixed to the interior or exterior of a window, or any sign located inside a building within six (6) feet of the interior side of the window and displayed so as to attract the attention of persons outside the building.

"Sign, yard:" A type of temporary sign that is typically six (6) square feet or less in area and is supported by one or more stakes or metal wires inserted into the ground. The sign face is typically made of a semi-rigid material such as corrugated plastic, sheet metal, foam board, cardboard or placard. Yard signs may also be referred to by other names including lawn sings, road signs, bandit signs or placard signs.

"Single housekeeping unit:" One (1) person or two (2) or more individuals living together and sharing household responsibilities and activities, which may include, sharing expenses, chores, eating evening meals together and participating in recreational activities and having close social, economic and psychological commitments to each other. See also "family".

"Single-user development:" Any lot and single-tenant building that is not part of a master planned development or multi-tenant non-residential development.

"Site area, gross:" The total ground area located within the property lines of a site, including any proposed portions to be dedicated for public use as streets, alleys, easements, or other.

"Site area, net:" The remaining ground area of the gross site area after deleting all portions for proposed perimeter right-of-ways and alleys.

"Site plan:" A plan prepared to scale showing all the uses proposed for a specific property showing all buildings, structures, signs, off-street parking layout, loading spaces, points of ingress and egress, fences, walks, refuse locations, and any additional information which may be necessary to clearly define the intended use of the property. For the purposes of site plan review as defined by this ordinance, a Site Plan may also be meant to include one (1) or more of the following items, as determined by the zoning administrator or designee: landscape plan, exterior building wall elevation plan, preliminary grading and drainage plan, preliminary utility plan, lighting plan, and other plans deemed necessary by the zoning administrator or designee.

"Smoke shop:" An establishment that specializes in the sale of cigars and other tobacco-related paraphernalia, but does not allow patrons to smoke tobacco products on site.

"Sober living home" means any premises, place or building that provides alcohol-free or drug-free housing and that:

(a)

Promotes independent living and life skills development.

(b)

May provide activities that are directed primarily toward recovery from substance use disorders.

(c)

Provides a supervised setting to a group of unrelated individuals who are recovering from substance use disorders.

(d)

Does not provide any medical or clinical services or medication administration on-site, except for verification of abstinence.

(e)

Is licensed by the Arizona Department of Health Services as a sober living home.

"Special event:" A temporary outdoor event, excluding "seasonal sales" as defined by this ordinance and also excluding temporary outdoor uses occurring in the major sports and entertainment zoning district. Examples of special events include carnivals, circuses, and outdoor sales events.

"Specialty retail:" Retail establishments that specialize in one (1) type or line of merchandise. Such establishments could include, but are not limited to, apparel stores, jewelry stores, bookstores, or stationary stores.

"Specialty sales:" The act of selling items classified as "specialty retail."

"Specialty services:" Establishments whose primary activity is the provision of assistance without the production of a tangible commodity to individuals, businesses, industry, government, or other enterprises.

"Story:" A space in a building between the surface of any floor and the surface of the floor next above, or if there be no floor above, then the space between such floor and the ceiling or roof above.

"Street:" A public thoroughfare or right-of-way dedicated, deeded or condemned for use as such, other than an alley, which affords the principal means of access to abutting property, including avenue, place, way, drive, lane, boulevard, highway, road and any other thoroughfare.

"Street tree:" Any tree, shrub, bush, and all other woody vegetation on public rights-of-way land lying between property lines on either side of all streets, avenues or boulevards within the city.

"Structure:" Any piece of work artificially built up or composed of parts joined together in some definite manner.

"Subdivision:" Has the meaning set forth in Ariz. Rev. Stat. § 9-463-02, as amended.

"Substance abuse detoxification center:" An inpatient health facility staffed by medical professionals providing therapy and/or rehabilitation for substance-dependent individuals. Methadone distribution centers are included.

"Substance abuse treatment center:" A health facility providing therapy and/or rehabilitation for substance-dependent individuals on an outpatient basis. Methadone distribution centers are included.

"Suburban development:" A form of development that has increased setbacks from the street and between structures, a lower density than urban developments, and infrastructure that accommodates vehicular transportation.

"Surplus store:" A store selling items that are used, or purchased but unused, and no longer needed. The surplus is often military, government or industrial excess. A surplus store may also sell items that are past their use by date.

"Tandem parking:" The placement of parking spaces one (1) behind the other, so that the space nearest the driveway or street access serves as the only means of access to the other space.

"Thrift store:" A retail store that specializes in the sale of previously owned and/or used goods and merchandise that has been donated. Thrift stores are distinct from consignment shops, pawn shops and non-consignment secondhand retail stores.

"Townhouse/townhome:" A single-family dwelling unit, with a private ground floor entrance and private yard of at least one hundred (100) square feet, that is part of a structure whose dwelling units are attached horizontally in a linear arrangement, and having a totally exposed front and rear wall to be used for access, light and ventilation.

"Trailer:" Any towed vehicle that does not fall under the definitions of mobile home or recreational vehicle.

"Transmitting tower:" An unmanned structure that transmits or receives communications by electromagnetic or optical means, such as a radio antenna, television antenna, radar station, or microwave tower, but excluding Wireless Facilities.

"Tree:" A woody plant that has a single or multiple trunk(s) at ground level.

"Tree height:" A tree measurement from the ground to the topmost portion of the tree. On small, multi-trunked trees, tree height is measured to the top of the main body of the crown.

"Tree topping:" The cutting back of limbs larger than one (1) inch in diameter to a point between branch collars/buds within the tree's crown. Also referred to as hat racking, heading and pollarding.

"Truck stop:" A service station primarily oriented to servicing of trucks and tractor trailers and which may include restaurants, retail activities and truck repair services.

"Turf:" Continuous plant coverage consisting of grass species that is mowed to maintain an established height.

"University:" An institution of higher learning providing facilities for teaching and research and authorized to grant academic degrees.

"Use:" The conduct of an activity or the performance of a function or operation, on a site or in a building or facility.

"Urban agriculture:" The growing, washing, packaging, and storage of fruits, vegetables, and other plant products for wholesale or retail sales within close proximity to where a community of people lives.

"Urban development:" A form of development generally characterized by higher residential densities and integrated commercial and industrial land uses connected by multiple transportation modes, with a particular emphasis on pedestrians and transit users.

"Urgent care center:" A facility dedicated to the delivery of immediate care or emergency medical services, usually on an unscheduled, walk-in basis, with no provision for continuing care on an inpatient basis.

"Variance:" A license, granted by the board of adjustment to deviate from certain limited provision of the city zoning ordinance.

"Video arcade or game room:" An establishment having six (6) or more coin-operated devices for the amusement of its patrons, but specifically excluding an adult arcade.

"View fence:" Decorative wrought iron fence panels with vertical pickets that present an opening of four (4) inches or less and are designed as an integral part of the wall.

"Wall height:" The height measured at the highest adjacent grade located within five (5) feet of the wall.

"Wall, perimeter:" A solid physical barrier designed and constructed to screen and secure private or public property and units of development.

"Wall (screen wall):" A solid barrier designed and constructed so as to conceal areas used for refuse, mechanical equipment, parking and service and loading bays from street and public view and to separate potential incompatible land uses.

"Warehousing:" The storage and distribution of manufactured products, supplies, and equipment, but excluding bulk storage of materials that are inflammable or explosive or that present hazards or conditions commonly referred to as offensive.

"Wholesaling:" The selling and/or distributing of goods or merchandise to retailers, to industrial, commercial, institutional, or professional business users, to other wholesalers, or jobbers for resale to the ultimate consumer, but not to the general public. Wholesale to the public stores shall be considered, for the purposes of this ordinance, retail uses.

"Wine bar:" A bar that serves wine but does not serve beer or liquor.

"Wireless facility:" An unmanned facility for the provision of personal wireless services as defined by the Telecommunications Act of 1996, and any amendments thereto. Wireless facilities are composed of three (3) or more of the following components: (A) antennae; (B) mount; (C) cables; (D) support structure; (E) equipment cabinet/shelter; and (F) wall or security barrier. A wireless facility can be located on Monopoles, existing or proposed vertical infrastructure, or other structures, subject to the requirements of section 28-138 of this ordinance.

"Wireless facility, alternative structure:" A wireless facility that is either:

(a)

Virtually invisible to the casual observer, such as an antenna behind louvers on a building, or located inside a clock tower, steeple, or similar structure; or

(b)

Camouflaged with stealth design to blend in with surroundings to the extent that it is indistinguishable by the casual observer from the structure on which it is placed or the surroundings in which it is located, such as structures commonly referred to as "mono-palms," "mono-pines," or "flag pole" designs. other stealth designs may be available subject to approval by the zoning administrator.

"Wireless facility, freestanding:" A self-supported structure, to include monopoles, lattice towers, and alternative structures, designed for use as a wireless facility. For the purpose of this zoning ordinance, guyed wireless facilities shall also be considered freestanding.

"Wireless facility, guyed:" A Wireless Facility that is supported by the use of cables (guy wires) that are permanently anchored to the ground and designed to support wireless antennas. Guyed wireless facilities shall not be considered alternative structures for the purpose of this zoning ordinance.

"Wireless facility, lattice tower:" A tower that is self-supporting with multiple legs and cross-bracing of structural steel and that is designed to support wireless facilities. Lattice wireless facilities shall not be considered alternative structures for the purpose of this zoning ordinance.

"Wireless facility, monopole:" A single, upright pole, engineered to be self-supporting and requiring no guy wires or lateral cross-members, that is designed to support wireless antennas. Monopoles shall not be considered alternative structures for the purpose of this zoning ordinance.

"Wireless facility, small:" A wireless facility that meets both of the following criteria: (i) all antennas are located or could be located inside an enclosure of not more than six (6) cubic feet in volume and (ii) all other equipment associated with the facility is cumulatively not more than twenty-eight (28) cubic feet (or fifty (50) cubic feet if the equipment was ground-mounted before January 2, 2018). Ancillary equipment is not required to be contained within these cubic feet limitations; electric meter, concealment element, telecommunications demarcation box, grounding equipment, power transfer switch, cutoff switch and vertical cable runs for the connection of power and other services.

"Xeriscaping:" A landscaping method that maximizes the conservation of water by the use of site-appropriate plants and an efficient watering system.

"Yard:" A required space on a lot, other than a court that is open and unobstructed to the sky (except as otherwise provided herein), and which is measured from a property line inward to the required setback specified herein for each Zoning District.

"Yard, front:" A yard extending across the full width of the lot and lying between the front line of the lot and the nearest line of the principal building.

"Yard, rear:" A yard extending across the full width of the lot and lying between the rear line of the lot and the nearest line of the principal building.

"Yard sale:" See garage sale.

"Yard, side:" That portion of a lot lying between the side lot line of the lot and a line drawn through the nearest point of a principal building extending from the front yard to the rear yard, or in the absence of either of said yards from the front to the rear lot lines respectively.

"Zoning administrator:" The person designated by the city manager to interpret and enforce the zoning ordinance.

"Zoo:" A garden or park where wild animals are kept for exhibition.

(Ord. No. 2045-1220, § 5, 12-7-20; Ord. No. 2007-0121, § 2, 1-19-21; Ord. No. 2055-0823, § 7, 8-21-23; Ord. No. 2027-0924, § 2, 9-9-24; Ord. No. 2032-1124, § 2, 11-18-24)