A.

The following words shall have, for the purpose of this title, the meanings interpreted as follows:

1.

Words used in the present tense include the future tense. Words used in the future tense include the present tense.

2.

Singular includes the plural, the plural includes the singular.

3.

The word "may" is permissive; the words "shall" and "will" are mandatory. The word "or" means "either" and the word "and" shall mean "in conjunction with."

4.

Words defined in the building code of Bullhead City are to be construed as defined in this chapter.

5.

Words not defined in this chapter shall receive their standard dictionary definition.

6.

The word "person" includes an individual, firm, copartnership, joint venture, association, social club, fraternal organization, corporation, estate, trust, receiver, syndicate, and federal or state government, town, county, district, or any other group or combination acting as an entity.

7.

The following words or terms, when applied in this title, shall carry full force when used interchangeably: lot, plot, site, parcel or premises; "used or occupied" as applied to any land or building shall be construed to include the words "intended, arranged or designated to be used or occupied"; "council" means the city council; "commission" means the planning and zoning commission; and "board" means the board of adjustment.

8.

The word "building" includes the word "structure." The word "dwelling" includes the word "residence."

(Ord. 97-888 § 2: Ord. 93-604 § 4: prior code § 13.2.1(A))

"Abutting" means the condition of two adjoining properties having a common property line or boundary, including cases where two or more lots adjoin only on a corner or corners.

(Prior code § 13.2.1(B) (part))

"Access" or "accessway" means a way or means of approach to provide vehicular or pedestrian physical entrance to a property.

(Ord. 97-888 § 3: prior code § 13.2.1(B) (part))

"Accessory building" means a building containing an accessory use which is customarily incidental to that of the principal building and situated on the same lot.

(Ord. No. 2011-4, § 1, 4-19-2011; Ord. 2000-1051, § 1 (part); Ord. 97-888, § 4; prior code, § 13.2.1(B) (part))

An "accessory recreational vehicle dwelling unit" is a room or set of rooms located in an RP (Residential Park) zoning district that has been designed or configured to be used as a separate dwelling unit in conjunction with a recreational vehicle and has been established by permit. Accessory recreational vehicle dwelling units generally include living, sleeping, kitchen and bathroom facilities and have a lockable entrance door.

(Ord. No. 2016-13, § 1, 10-18-2016)

"Accessory storage" means a subordinate building containing area for storage of items which are customarily incidental to the use of the principal building. Such accessory storage shall be situated on the same lot as the principal building and be accessible only from the exterior of the principal building.

(Ord. No. 2011-4, § 1, 4-19-2011; Ord. 98-941, § 1)

Accessory use: See "use, accessory."

(Prior code § 13.2.1(B) (part))

"Acre" means forty-three thousand five hundred sixty square feet.

(Ord. 97-888 § 5: prior code § 13.2.1(B) (part))

"Adjacent" or "adjoining" means the condition of being near to or close to but not necessarily having a common dividing line. Two properties which are separated by only a street or alley shall be considered as adjoining one another.

(Prior code § 13.2.1(B) (part))

"Alley" means a public or private service way which affords only secondary vehicular access to adjacent properties otherwise abutting upon a street.

(Ord. 98-941 § 2)

"Amendment" means a change in the wording, context or substance of this title, or an addition, deletion or change in the zone district boundaries or classifications of the zoning map.

(Prior code § 13.2.1(B) (part))

"Animal clinic" or "animal hospital" means a place where animals are given medical care and the boarding of animals is limited to short-term care incidental to hospital use.

(Ord. 97-888 § 6: prior code § 13.2.1(B) (part))

"Antique" means a product that is sold or exchanged because of value derived its age.

(Ord. 97-888 § 7: prior code § 13.2.1(B) (part))

"Apartment" means a suite of rooms, with cooking facilities, used for living purposes. Rental procedures shall allow for tenancies of six months and longer. For density purposes, each unit shall be counted as one dwelling unit.

(Ord. 97-888 § 8: Ord. 96-761 § 2: prior code § 13.2.1(B) (part))

"Apartment house" means a building containing a group of dwelling units rented or otherwise provided for compensation of some kind.

(Ord. 97-888 § 9: prior code § 13.2.1(B) (part))

"Appeal" means an action which permits an applicant to obtain a hearing before any group with competent authority to provide redress from any decision rendered under provisions of this title.

(Prior code § 13.2.1(B) (part))

"Assisted living facility" means a facility that provides occupancy for persons, assistance with daily activities, such as bathing, dressing, grooming, supervision of medications, etc., and is licensed by the Arizona Department of Health Services as an assisted living facility. For density purposes, two such units may be counted as one dwelling unit.

(Ord. 2002-54 § 1)

"Automated collection center" means a self-contained machine to collect and weigh recyclable consumer materials, to reimburse mechanically the depositor of said materials, and to store temporarily said materials before shipment to a recycling center.

(Ord. 94-638 § 1)

"Automotive repair garage" means a structure or part thereof, other than a private garage, which provides for any aspect of automobile repair, servicing, equipping or storing.

(Ord. 97-888 § 11: prior code § 13.2.1(B) (part))

"Automobile body shop" means an establishment that specializes in the maintenance and/or repair of the exterior body of automobiles, recreational vehicles, watercraft, or other similar vehicles.

(Ord. 98-941 § 3)

"New automobile sales" means a franchised dealer selling new motor vehicles and providing services commonly associated with motor vehicle sales. A new automobile dealership may include the sale of used motor vehicles as a permitted use.

(Ord. 97-888 § 12: prior code § 13.2.1(B) (part))

"Used automobile sales" means a dealer selling used motor vehicles not in conjunction with or on the same site as a new motor vehicle franchise, and providing services commonly associated with motor vehicle sales.

(Ord. 97-888 § 13: prior code § 13.2.1(B) (part))

"Automobile salvage" means the wrecking or dismantling of used motor vehicles or trailers, or the storage of, sale of, or dumping of dismantled, partly dismantled, obsolete or wrecked motor vehicles or their parts.

(Prior code § 13.2.1(B) (part))

"Automobile service station" means a place of business having pumps and/or storage tanks from which liquid fuel and/or lubricants are dispensed at retail directly into the motor vehicle. Service, inspections and minor repairs (but not body and fender works, engine overhauling or other similar activities) are considered accessory to the sale of such fuel and lubricants.

(Prior code § 13.2.1(B) (part))

Automobile wrecking: See "junk yard."

(Prior code § 13.2.1(B) (part))

"Bar" or "cocktail lounge" means an establishment whose primary business is the serving of alcoholic beverages to the public for consumption on the premises.

(Prior code § 13.2.1(B) (part))

"Basement" means a space having one-half or more of its height below the average level of the adjoining ground.

(Prior code § 13.2.1(B) (part))

"Bed and breakfast establishment" means a residential structure used for commercial lodging purposes that is occupied by either the owner or resident manager, and has not more than four bedrooms used for this purpose.

(Ord. 92-524 § 1)

"Behavioral health residential facility" means a facility providing residential intervention and treatment of "behavioral health issues" (both as defined by Arizona Administrative Code Title 9, Chapter 10, Article 1) to not more than one hundred twenty (120) individuals for detoxification and residential services for an open ended period of time, and for whom meals are provided, have medical and behavior health support available, are not generally allowed visitors except during designated days and times, are accompanied by provider staff when outside the facility, providing outpatient services for individuals not residing in the behavioral health residential facility and in conformity in all other respects as may be required by the Arizona Department of Health Services under Arizona Administrative Code Title 9, Chapter 10, Article 7, and that meets all applicable requirements of the International Building Code, Institutional Group I.

(Ord. No. 2019-20, § 1, 11-19-2019)

"Biological waste facility" means a facility used for the treatment of any solid waste that is generated in the diagnosis, treatment or immunization of human beings or animals, in research pertaining thereto, or in the production or testing of biologicals, including, but not limited to soiled or blood-soaked bandages, culture dishes and other glassware, discarded surgical gloves-after surgery, discarded surgical instruments, needles used to give shots or draw blood, cultures, stocks, swaps used to inoculate cultures, removed body parts, pieces, appendices, etc., and medical sharps.

(Ord. 2001-46 § 1 (part))

"Block" means a piece or parcel of land or group of lots entirely surrounded by public rights-of-way, streams, railroads, parks, or a combination thereof.

(Ord. 97-888 § 14: prior code § 13.2.1(B) (part))

"Board" means the board of adjustment of the city of Bullhead City.

(Prior code § 13.2.1(B) (part))

"Boarding house" means a dwelling unit or part thereof in which for compensation, lodging and meals are provided

(Ord. 97-888 § 15: prior code § 13.2.1(B) (part))

"Zone boundary" means the limit and extent of each zone district classification as shown on the official zoning map.

(Prior code § 13.2.1(B) (part))

"Buildable area" means that portion of a lot which is within the area formed by the required yards and also subject to other requirements noted herein and of other jurisdictions.

(Ord. 97-888 § 16: prior code § 13.2.1(B) (part))

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

(Prior code § 13.2.1(B) (part))

"Building area" means the total horizontal areas of the principal buildings and all accessory buildings, exclusive of uncovered porches, terraces and steps.

(Prior code § 13.2.1(B) (part))

"Attached building" means a building which has at least part of a wall in common with another building, or which is connected to another building by a roof, a minimum of six feet wide.

(Prior code § 13.2.1(B) (part))

"Closed building" means a building completely enclosed by a roof, walls and doors on all sides facing the perimeter of the lot.

(Prior code § 13.2.1(B) (part))

"Community building" means a public or quasi-public building used for community activities of an educational, recreational or public service nature.

(Prior code § 13.2.1(B) (part))

"Detached building" means a building which is separated from another building or buildings on the same lot.

(Prior code § 13.2.1(B) (part))

"Building height" means the vertical distance measured from the higher of the natural grade level or finished grade level to the highest level of the roof surface of flat roofs, to the deck line of the mansard roofs, or to the mean height between eaves and ridge for gable, gambrel or hip roofs. The building height limitations of this title shall not apply to church spires, belfries, cupolas, domes, monuments, water towers, chimneys, flues, vents, flagpoles, radio towers, television towers, fire lookout towers or airway beacons; nor to any bulkhead, elevator, water tank, mechanical equipment, or similar structure extending above the roof and occupying an aggregate area of not greater than twenty-five percent of the roof area.

(Ord. 97-888 § 19: prior code § 13.2.1(B) (part))

"Building permit" means a permit required for the erection, construction, modification, addition to or moving of any building, structure or use in the incorporated area of the city of Bullhead City.

(Prior code § 13.2.1(B) (part))

"Prefabricated building" or "precut building" means a building utilizing prefabricated or precut wall panels, roof and ceiling panels, pre-hung doors and windows delivered to the site and assembled on the site to form the building. Such buildings shall have permanent footings and foundations securely connected to the wall panels.

(Prior code § 13.2.1(B) (part))

"Modular building" means a building, or a module or component of a building, which is factory fabricated and assembled, and then transported to the site. Modular units are to be connected together and are set and securely connected to a permanent foundation and connected to permanent or rigid utilities to make a single building.

(Prior code § 13.2.1(B) (part))

"Principal building" means a building in which is conducted the principal use of the lot in which it is situated.

(Ord. 2000-1051 § 1 (part): Ord. 97-888 § 20: prior code § 13.2.1(B) (part))

"Carport" means an accessory building or portion of a main building with two or more open sides, designated or used for the parking of motor vehicles. Enclosed storage facilities may be provided as part of a carport.

(Prior code § 13.2.1(B) (part))

"Cemetery" means land used or intended to be used for the burial of the dead, and dedicated for such purposes, including columbariums, crematoriums, mausoleums and mortuaries, when operated in conjunction with and within the boundaries of such premises.

(Prior code § 13.2.1(B) (part))

"Change of use" means any use which differs from the previous use of a building, lot or structure.

(Ord. 89-286 § 1: prior code § 13.2.1(B) (part))

"Church" means a permanently located building commonly used for religious worship and fully enclosed with walls, but including windows and doors, and having a structurally solid and sound roof.

(Prior code § 13.2.1(B) (part))

"Clinic" means a place for the provision of group medical services, not involving overnight housing of patients.

(Prior code § 13.2.1(B) (part))

"Commission" means the Bullhead City planning and zoning commission.

(Prior code § 13.2.1(B) (part))

"Comprehensive plan" or "general plan" means a plan developed and adopted by the planning and zoning commission and city council as a guide for future growth and development within the city, including any other plan adopted as a part or any amendments to such plan or parts thereof.

(Prior code § 13.2.1(B) (part))

"Conditional use permit" means a discretionary entitlement which may be granted under the provisions of this code and when granted authorizes a specific use to be made on a specific property, subject to compliance with all terms and conditions imposed on the entitlement.

(Ord. 93-566 § 1)

"Condominium" means real estate, portions of which are designated for separate ownership and the remainder of which is designated for common ownership solely by the owners of the separate portions. Real estate is not a condominium unless the undivided interests in the common elements are vested in the unit owners.

(Ord. 97-899 § 1: prior code § 13.2.1(B) (part))

An area on or immediately adjacent to a major construction or demolition site used on a temporary basis for the parking and storage of equipment used in the project, and the storage and preparation of materials and other items used in the project, including construction offices and shops.

(Prior code § 13.2.1(B) (part))

"Contiguous" means "in contact with."

(Prior code § 13.2.1(B) (part))

"Conventional construction," for the purpose of this section, means a building constructed pursuant to the Uniform Building Code as adopted by the city, on a permanent foundation, using individual construction components and requiring all normal phase inspection by the city building official except for manufactured and modular homes.

(Ord. 93-568 § 1)

"Council" means the Bullhead City council.

(Prior code § 13.2.1(B) (part))

"Court" means any space other than a yard on the same lot with a building or group of buildings, and which is unobstructed and open to the sky above the floor level of any room having a window or door opening on such court. The width of a court shall be its least horizontal dimension.

(Prior code § 13.2.1(B) (part))

"Custom" means pertaining to work, service or assembly done to order for individual customers for their own use or convenience.

(Prior code § 13.2.1(B) (part))

"Day care center" means a public or private establishment providing day care and education to five or more children, fourteen years or under.

(Ord. 91-500 § 2, 1991)

"Development" means any manmade change to improved or unimproved real estate, including but not limited to, buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations.

(Ord. 93-604 § 1 (part))

"DHS" means the Arizona Department of Health Services or its successor agency.

(Ord. No. 2011-2, § 1, 3-15-2011.)

"Disability" means a physical or mental impairment that substantially limits one or more of a person's major life activities, impairs their ability to live independently, or a record of having such an impairment, or being regarded as having such an impairment.

(Ord. No. 2011-2, § 1, 3-15-2011; Ord. 2005-36, § 1 (part))

Editor's note— Ord. No. 2011-2, § 1, specifically added a new section to the Code, and in order to facilitate inclusion, the editor has redesignated former § 17.04.289A as a new § 17.04.289.2.

"District" refers to either a use district, a density district or a combination of both such districts.

(Prior code § 13.2.1(B) (part))

"District map" means zoning map.

(Prior code § 13.2.1(B) (part))

"Drive-in establishment" means a business enterprise, activity or use of land consisting primarily of sales or services rendered to patrons who normally receive the products or utilize the services while in motor vehicles upon the premises, including but not limited to gas service station, drive-in laundry and dry cleaning pickup stations.

(Prior code § 13.2.1(B) (part))

"Drive-in restaurant" means any establishment where food or beverages are dispensed through openings in the building or by service to customers in a vehicle.

(Prior code § 13.2.1(B) (part))

"Drive-in theater" means an open-air theater where the performance is viewed by all, or part, of the audience from motor vehicles.

(Prior code § 13.2.1(B) (part))

"Duplex" means a residential structure containing two dwelling units separated by a common wall or floor and intended for the occupancy of two families.

(Prior code § 13.2.1(B) (part))

"Dwelling" means any building or portion thereof which is intended to be used, or is actually used, rented, leased, let, hired out or occupied exclusively for residential living purposes.

(Ord. 97-888 § 24: prior code § 13.2.1(B) (part))

"Factory-built dwelling" means a residential or nonresidential building including a dwelling unit or habitable room thereof which is either wholly or in substantial part manufactured at an off-site location to be assembled on site, except that it does not include a manufactured home, mobile home or recreational vehicle. Such buildings are inspected by the Arizona Department of Building and Fire Safety.

(Ord. 95-737 § 1)

"Multiple-family dwelling" means a building designed exclusively for occupancy by or occupied by two or more families living independently of each other.

(Ord. 97-888 § 25: prior code § 13.2.1(B) (part))

"Single-family dwelling" means a detached building designed exclusively for occupancy by or occupied by one family for residential purposes.

(Prior code § 13.2.1(B) (part))

"Dwelling unit" means a room (or group of rooms) designed for one or more persons living and cooking as one homogenous body (including relatives and servants) and containing one accommodation for preparation of meals.

(Prior code § 13.2.1(B) (part))

"Easement" means an encumbrance on a lot or parcel of land reserved or used for location and/or access to utilities, drainage or other purposes.

(Ord. 98-941 § 4: prior code § 13.2.1(B) (part))

"Efficiency apartment" means a dwelling unit consisting of not more than one habitable room together with kitchen or kitchenette and sanitary facilities.

(Ord. 97-888 § 26: prior code § 13.2.1(B) (part))

"Enclosed storage area" means a structure which is enclosed on all sides facing the perimeter of the lot.

(Ord. 97-888 § 27: prior code § 13.2.1(B) (part))

"Family" means: (1) an individual or two or more persons related by blood, marriage, or adoption living together as a single housekeeping unit in a dwelling unit, or (2) a group of not more than five persons, who need not be related, living together as a single housekeeping unit in a dwelling unit.

(Ord. 2005-36 § 2: Ord. 97-888 § 28: prior code § 13.2.1(B) (part))

"Farm" means an area consisting of a minimum of ten acres which is used for the production of farm crops such as vegetables, fruit trees, cotton or grain and their storage, as well as the raising thereon of farm animals such as poultry or swine on a limited basis. Farms may also include dairy produce. Farming does not include the commercial raising of animals, commercial feed lots or the commercial feeding of garbage or offal to swine or other animals.

(Ord. 98-938 § 1 (part))

"Fence" means an artificially constructed barrier of any material or combination of materials erected to enclose or screen areas of land.

(Ord. 93-565 § 1)

"Freight station" means a facility for loading, unloading and warehousing of freight.

(Prior code § 13.2.1(B) (part))

"Freight terminal" means a facility for loading and unloading of freight for current distribution and not warehousing.

(Prior code § 13.2.1(B) (part))

"Frontage" means the side or sides of a lot abutting on a street.

(Ord. 97-888 § 29: prior code § 13.2.1(B) (part))

"Private garage" means an accessory building located on the same lot as the primary building or on an adjacent lot that has been combined with the lot on which the primary building is located, or a portion of the principal building, used for the shelter or storage of self-propelled vehicles, owned or operated by the occupants of a principal building wherein there is no service or storage for compensation.

(Ord. 97-888 § 30: prior code § 13.2.1(B) (part))

"Public garage" means a building, other than a private garage, designed or used for servicing, repairing or storing motor vehicles for compensation.

(Prior code § 13.2.1(B) (part))

"Group home" means a dwelling unit occupied as a single housekeeping unit in a family-like environment by persons with disabilities plus support staff. Residents are supervised by a sponsoring entity or its staff, which furnishes habilitative services to the group home residents. A group home is owned or operated under the auspices of a nonprofit association, private care provider, government agency, or other legal entity, other than the residents themselves or their parents or other individuals who are their legal guardians. A group home imposes no time limit on how long an individual can reside in the group home. The unit shall have as a minimum, a living room, kitchen area, and bathroom. The unit shall also contain at least one sleeping living/sleeping room for every two persons.

(Ord. 2005-36 § 1 (part))

"Guest house" means an attached or detached accessory building used to house guests of the occupants of the principal building, and which shall never be rented or offered for rent. Any guest house providing cooking facilities shall be considered a dwelling unit.

(Prior code § 13.2.1(B) (part))

"Guest room" means one or more rooms intended as one occupancy overnight (or longer) by other than member of the family. If such contains cooking facilities it is deemed a dwelling unit.

(Prior code § 13.2.1(B) (part))

"Halfway house" or "recovery community" means a temporary residential living arrangement for persons leaving an institutional setting and in need of a supportive living arrangement in order to readjust to living outside the institution. These are persons who are receiving therapy and counseling from support staff who are present when residents are present, for the following purposes: (a) to help them recuperate from the effects of drug or alcohol addiction (a disability); (b) to help them reenter society while housed under supervision while under the constraints of alternatives to imprisonment including, but not limited to, prerelease, work release, or probationary programs (not a disability); or (c) to help persons with family or school adjustment problems that require specialized attention and care in order to achieve personal independence (not a disability). Residents plus support staff are permitted in this type of living arrangement. Residency is limited to a specific number of weeks or months. The unit shall have as a minimum, a living room, kitchen area, and bathroom. The unit shall also contain at least one sleeping living/sleeping room for every two persons.

(Ord. 2005-36 § 1 (part))

"Home occupation" means an occupation, profession, activity or use which is clearly customary, incidental, and secondary use of a residential dwelling unit and which does not alter the exterior of the property or affect the residential character of the neighborhood.

(Ord. 97-889 § 1: prior code § 13.2.1(B) (part))

"Hospital" means a building, or group of buildings, in which sick or injured persons are given medical or surgical treatment, examination or care, including overnight residence, together with related facilities, e.g., laboratories, training facilities, staff residences, outpatient department, and similar facilities which are an integral part of the principal use.

(Prior code § 13.2.1(B) (part))

"Hotel" means a building, other than a boarding house as defined in this chapter, in which there are five or more rooms where lodging with or without meals is provided for compensation, usually on a transient basis. "Hotel" shall not be construed to include trailer court, sanitarium, hospital, or other institutional building, or jail or other building where persons are housed under restraint.

For density formula purposes, two such guest rooms may be counted as one dwelling unit.

(Prior code § 13.2.1(B) (part))

"Junkyard" means any land or building used for the abandonment, storage, keeping, collecting or baling of paper, rags, scrap metals, other scrap or discarded materials, or for the abandonment, demolition, dismantling, storage or salvaging of automobiles or other vehicles not in running condition, machinery, or parts thereof.

(Prior code § 13.2.1(B) (part))

"Kennel" means any establishment at which dogs and cats are bred or raised for sale, boarded, trained and/or cared for, commercially or on a nonprofit basis, exclusive of dental, medical or surgical care or for quarantine purposes.

(Prior code § 13.2.1(B) (part))

"Kindergarten" means the same as child care center, except when operated in conjunction with a school of general instruction and having accredited instruction.

(Prior code § 13.2.1(B) (part))

"Land split" means the division of improved or unimproved land into two or three lots, tracts or parcels of land for the purpose of financing, sale or lease, whether immediate or future.

(Ord. 93-604 § 1 (part))

"Self-help laundry" means a building in which domestic type washing machines and/or dryers are provided on a rental basis for use by individuals doing their own laundry.

(Prior code § 13.2.1(B) (part))

"Livable floor area" means the heated or cooled floor area of a building, measured from the outside dimensions of the exterior walls used for the principal building used for dwelling purposes, and excluding all non-dwelling area such as attic, storage, carport and garage.

(Ord. No. 2011-4, § 1, 4-19-2011; prior code § 13.2.1(B) (part))

"Lot" means any legally created lot, parcel, tract or land, shown on a plat of record or recorded by metes and bounds that is occupied or intended for occupancy by a use permitted in this title, including the principal building, or buildings, together with the accessory buildings, the open spaces and parking spaces required by this title, and having ingress/egress by means of a dedicated road easement or right-of-way.

(Ord. 97-899 § 2: prior code § 13.2.1(B) (part))

"Lot area" means the total area, measured in square feet, contained within the perimeter of a lot.

(Prior code § 13.2.1(B) (part))

"Corner lot" means a lot situated at the intersection of two or more streets having an angle of intersection of not more than one hundred thirty-five degrees.

(Prior code § 13.2.1(B) (part))

"Lot coverage" means the percentage of the area of a lot in relation to the area of all buildings and structures under roof. The first two and one-half feet of roof overhang or projection shall not be included in the lot coverage calculation.

(Ord. 89-260: prior code § 13.2.1(B) (part))

"Lot depth" means the shortest distance between the midpoint of each of the front and rear line.

(Prior code § 13.2.1(B) (part))

"Interior lot" means a lot having no sides abutting on a street.

(Prior code § 13.2.1(B) (part))

"Key lot" means any lot, one side line of which is contiguous to the rear line of a corner lot.

(Ord. 97-899 § 3: prior code § 13.2.1(B) (part))

"Front lot line" means that part abutting a street. The front line of a corner lot shall be the shorter of the two street lines as originally platted, or if such are equal, the one designated through the assignment of addresses by the development services department. The front line of a through lot shall be that line which is obviously the front by reason of usage by adjacent lots.

(Res. No. 2010R-12, § 16, 2-16-2010; Ord. No. 2010-2, § 1, 2-16-2010; Ord. 97-899 § 4: prior code § 13.2.1(B) (part))

"Rear lot line" means that lot line opposite the front line. Where the side lines of the lot meet in a point, the rear line shall be considered parallel to the front line or a tangent of the midpoint of a curved front line and lying ten feet within the lot.

(Prior code § 13.2.1(B) (part))

"Side lot line" means those property lines connecting the front and rear property lines.

(Prior code § 13.2.1(B) (part))

"Perimeter lot" means the aggregate of all exterior lot lines or boundaries.

(Prior code § 13.2.1(B) (part))

"Lot of record" means a lot which is a part of a subdivision, the plat of which has been recorded in the office of the Mohave County recorder; or parcel of land, the deed of which is recorded in the office of the Mohave County recorder.

(Prior code § 13.2.1(B) (part))

"Through lot" means a lot in which the front and rear line abut on a street.

(Prior code § 13.2.1(B) (part))

"Lot width" means the distance between side lot lines twenty-five feet behind the required minimum front yard parallel to the street or street chord.

(Ord. 93-604 § 2)

"Maintain" means the replacing or renovating of a part (or parts) of a structure which has deterioration or has been made unusable by ordinary wear or tear, or by the weather.

(Prior code § 13.2.1(B) (part))

"Managing agent" means a person, corporation, partnership, or limited liability that is authorized by the owner to operate and manage the property.

(Ord. 2004-29 § 1)

"Manufactured home" means a structure built in accordance with the National Manufactured Home Construction and Safety Standards Act of 1974 and title VI of the Housing and Community Development Act of 1974 (Public Law 93-383 as amended by Public Laws 95-128, 95-557, 96-153 and 96-339).

(Ord. 95-737 § 2)

"Marijuana" carries that definition as stated under Arizona Revised Statutes § 36-2850(16).

(Ord. No. 2021-09, § 1, 4-6-2021; Ord. No. 2021-05, § 1, 3-16-2021)

"Marijuana establishment, adult legal use" means an entity licensed by the Arizona Department of Health Services to operate all of the following under the authority of A.R.S. §§ 36-2850 et seq: (a) a single retail location at which the entity may sell marijuana and marijuana products to consumers, cultivate marijuana and manufacture marijuana products; or (b) a single off-site cultivation location at which the entity may cultivate marijuana, process marijuana and manufacture marijuana products, but from which marijuana and marijuana products may not be transferred or sold to consumers; or (c) a single off-site location at which the entity may manufacture 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.

(Ord. No. 2021-09, § 1, 4-6-2021; Ord. No. 2021-05, § 1, 3-16-2021)

"Marijuana testing facility" means an entity that is licensed by the Arizona Department of Health Services to analyze the potency of marijuana and test marijuana for harmful contaminants.

(Ord. No. 2021-09, § 1, 4-6-2021; Ord. No. 2021-05, § 1, 3-16-2021)

"Medical marijuana" means all parts of the genus cannabis whether growing or not, and the seed of such plants that may be administered to treat or alleviate a qualifying patient's debilitating medical condition or symptoms associated with the patient's debilitating condition.

(Ord. No. 2021-09, § 1, 4-6-2021; Ord. No. 2021-05, § 1, 3-16-2021; Ord. No. 2011-2, § 1, 3-15-2011.)

"Medical marijuana cultivation facility" means the one additional location where marijuana will be cultivated by and for a medical marijuana dispensary.

(Ord. No. 2021-09, § 1, 4-6-2021; Ord. No. 2021-05, § 1, 3-16-2021; Ord. No. 2011-2, § 1, 3-15-2011.)

"Medical marijuana dispensary" means a not for profit entity that acquires, possesses, cultivates, manufactures, delivers, transfers, transports, supplies, sells or dispenses medical marijuana or related supplies and educational materials to a qualifying patient.

(Ord. No. 2021-09, § 1, 4-6-2021; Ord. No. 2021-05, § 1, 3-16-2021; Ord. No. 2011-2, § 1, 3-15-2011.)

"Medical marijuana infusion facility" means a facility that incorporates medical marijuana by the means of cooking or blending into consumable or edible products.

(Ord. No. 2021-09, § 1, 4-6-2021; Ord. No. 2021-05, § 1, 3-16-2021; Ord. No. 2011-2, § 1, 3-15-2011.)

"Mining operation" means those activities conducted to develop or extract sand, gravel, pumice, top soil or any other common variety of material, including on-site transportation, concentrating, milling, leaching, smelting, screening and/or crushing or other processing of materials. The materials created from the processes described in this section may be used at any location.

(Ord. 2004-29 § 2: Ord. 94-643 § 1 (part))

"Mining operation (temporary)" means those activities conducted to develop or extract sand, gravel, pumice, top soil, or any other common variety of material, including on-site transportation, concentrating, milling, leaching, smelting, screening and/or crushing or other processing of materials. Said activities shall take place as a result of the development of a subdivision and last no longer than one year from the time of conditional use permit approval. The materials created from the processes described in this section shall only be used as specified in the conditional use permit.

(Ord. 2018-24, § 1, 11-20-2018; Ord. 2004-29 § 3: Ord. 94-643 § 1 (part))

"Mobile food vendor" has that same meaning as defined under Arizona Revised Statutes §§ 9-485 et seq., and includes "mobile food unit" incorporated therein, as may be amended.

(Ord. 2018-24, § 1, 11-20-2018)

"Mobile home" means a structure built prior to June 15, 1976, on a permanent chassis, capable of being transported in one or more sections and designed to be used with or without a permanent foundation as a dwelling unit when connected to on-site utilities. A mobile home shall not include those units defined as factory-built buildings, manufactured homes or recreational vehicles. The removal of the wheels and running gear of a mobile home shall not change the classification of the structure as a mobile home.

(Ord. 2018-24, § 1, 11-20-2018; Ord. 95-737 § 3: Ord. 90-408 § 1: prior code § 13.2.1(B) (part))

"Mobile home space" means a plot of ground within a mobile home park or travel trailer park designed for the accommodation of one mobile home.

(Prior code § 13.2.1(B) (part))

"Mobile home subdivision" means a subdivision designed for residential use with lots for sale where the residence is to be mobile homes only.

(Prior code § 13.2.1(B) (part))

"Model home" means a residential unit constructed by a licensed general contractor or developer, which has never been occupied for residential purposes, except by the licensed general contractor or the developer who constructed the home, and which is open for inspection by the general public for the purpose of selling the same or similar residential unit to be constructed on other residentially zoned property within the city. The model home is used to provide the public with an example of the home builder's products.

(Ord. 2003-57 § 1 (part))

"Motel" means a building or group of buildings containing guest rooms and possibly cooking facilities, each of which maintains a separate outside entrance used primarily for the accommodation of automobile travelers, and providing parking on the premises. Rental procedures shall allow for both daily and weekly tenancies. For density purposes, two such units may be counted as one dwelling unit.

(Ord. 96-761 § 3: prior code § 13.2.1(B) (part))

"New subdivision" means the area contained within a final subdivision plat that was recorded not more than ten years prior to the date of the subject request.

(Ord. 2003-57 § 1 (part))

"Neighborhood collection center" means a facility that accepts, handles and temporarily stores recyclable consumer materials before shipment to a recycling center.

(Ord. 94-640 § 1 (part))

"Newspaper of general circulation" means a daily newspaper (if one is published), or if no daily newspaper is published, one published at an interval of not less than one publication per week.

(Prior code § 13.2.1(B) (part))

"Nonconforming use" means any lot, structure, use, sign, screening device, landscaping or parking which was lawfully in existence prior to such time as it came within the purview of this title, as amended, and which fails to conform to all applicable regulations and restrictions of this title.

(Ord. 89-238 § 2: prior code § 13.2.1(B) (part))

"Nursing home" means a health care institution other than a hospital or personal care home which is licensed by the Arizona Department of Health Services as a skilled nursing facility for two or more unrelated persons.

(Ord. 97-899 § 5: prior code § 13.2.1(B) (part))

"Park trailer" or "park model" means a vehicular type unit built on a single chassis, mounted on wheels, designed to be located in a mobile home, recreational vehicle or travel trailer park, connected to utilities necessary for operation of installed fixtures and appliances, and having a gross trailer area of not less than three hundred twenty square feet and not more than four hundred square feet when set up. This definition does not include those vehicles referenced in the definition for "recreational vehicle."

(Ord. No. 2020-09, § 1, 10-20-2020; Ord. 2008-59 § 11: Ord. 90-408 § 2)

"Public parking lot" means a parcel of land upon which members of the general public may park their motor vehicles for the purpose of utilizing an adjacent facility. Said parking lot shall conform to the requirements of Chapter 17.44 of this code.

(Ord. 97-899 § 6: prior code § 13.2.1(B) (part))

"Private parking lot" means a parcel of land used as a parking area on which only designated persons or the owner of the property may park their vehicles. Said parking lot shall conform to the requirements of Chapter 17.44 of this code.

(Ord. 97-899 § 7: prior code § 13.2.1(B) (part))

"Parking space" means a fully accessible space adequate for the parking of permitted vehicles, situated entirely outside the right-of-way of any public street or alley.

(Ord. 97-899 § 8: prior code § 13.2.1(B) (part))

"Planned area development" means a group of structures with common areas which are designed as an integrated functional unit. Such developments permit considerable flexibility in the selection of building setbacks and heights, lot area and lot coverages.

(Ord. 97-899 § 9: prior code § 13.2.1(B) (part))

"Premises" means any piece of improved or unimproved real estate.

(Ord. 89-226 § 1 (part): prior code § 13.2.1(B) (part))