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Casa Grande City Zoning Code

CHAPTER 17

12 DEFINITIONS

17.12.010 Rules of construction.

   A.   Except as specifically defined herein, all words in this title shall have their customary dictionary definitions. For the purpose of this title certain words and terms used herein are defined as set out in subsection B of this section.
   B.   Words used in the present tense include the future tense; words used in the singular include the plural, and words used in the plural include the singular; the word “shall” is always mandatory, and the word “person” includes a firm, association, organization, partnership, trust, corporation or company, as well as an individual; the word “lot” includes the words “plot” or “parcel”; the word “building” includes the word “structure”; the words “used” or “occupied,” as applied to any land or building, shall be construed to include the words “intended, arranged, or designed to be used or occupied”; the words “map” or “zoning map” mean the zoning map(s) of the city of Casa  Grande that delineate the area to be governed by these regulations.
(Ord. 1178 § 3.1 (part), 1987)

17.12.020 Accessory building or use.

   “Accessory building or use” means a subordinate building, or portion of the principal building, located on the same lot as the principal building, or a subordinate use of land, either of which is customarily incidental to the principal building or to the principal use of land. Where part of an accessory building is connected to a part of the principal building in a substantial manner as by a roof, such accessory building shall be counted as part of the principal building. (Ord. 1397.17.61 § 1 (part), 2024; Ord. 1178 § 3.1 (part), 1987)

17.12.030 Adult use.

   “Adult use” means a retail establishment whose primary business is that of selling or leasing publications and other material of a sexual nature, including adult bookstores and theaters.
(Ord. 1178 § 3.1 (part), 1987)

17.12.040 Agricultural/ranching.

   “Agricultural/ranching” means the cultivation of the soil or the raising of livestock and all activities incidental thereto. The terms “farming” and “ranching” shall be interchangeable for purposes of this title.
(Ord. 1178 § 3.1 (part), 1987)

17.12.050 Airport.

   “Airport” means a licensed facility where commercial, military and private aircraft may land or take off and where additional space is provided for repairs, services, storage facilities, offices, and buildings for administration and passenger convenience.
(Ord. 1178 § 3.1 (part), 1987)

17.12.060 Alley.

   “Alley” means a permanent public thoroughfare providing a secondary means of access to abutting lands.
(Ord. 1178 § 3.1 (part), 1987)

17.12.070 Apartment building.

   “Apartment building” means a building other than a hotel or motel containing five or more dwelling units which have the primary entrances from common hallways.
(Ord. 1178 § 3.1 (part), 1987)

17.12.080 Area of shallow flooding.

   “Area of shallow flooding” means a designated AO Zone on the Flood Insurance Rate Map (FIRM). The base flood depths range from one to three feet; a clearly defined channel does not exist; the path of flooding is unpredictable and indeterminate; and velocity flow may be evident.
(Ord. 1178 § 3.1 (part), 1987)

17.12.090 Automobile reduction yard.

   “Automobile reduction yard” means any area of land where two or more motor vehicles not in running condition and/or two or more unlicensed motor vehicles, or parts thereof are stored in the open and are not being restored to operation; or any land, building or structure used for the wrecking, dismantling, storage or abandonment of motor vehicles or parts thereof.
(Ord. 1178 § 3.1 (part), 1987)

17.12.092 Automobile repair services (major).

   “Automobile repair services (major)” means any service, repair, installation or work on a motor vehicle, truck, motor home, recreational vehicle, or boat other than those included in Section 17.12.094.
(Ord. 1397.17.36 § 1 (part), 2009)

17.12.094 Automobile repair services (minor).

   “Automobile repair services (minor)” means any service, repair, installation or work on a motor vehicle, truck, motor home, recreational vehicle, or boat, including battery, brake, muffler, air conditioning, automobile glass replacement and tinting, audio and video equipment, upholstery work, tire repair and change, lubrication, tune ups, and transmission work, provided it is conducted within a completely enclosed building.
(Ord. 1397.17.36 § 1 (part), 2009)

17.12.100 Auto salvage yard.

   “Auto salvage yard” means a junkyard primarily containing inoperable vehicles. (See "junkyard").
(Ord. 1178 § 3.1 (part), 1987)

17.12.120 Automobile washing establishment.

   “Automobile washing establishment” means a building which has as its primary purpose washing automobiles. Such facilities shall be considered incidental to convenience stores, as defined in Section 17.12.365, if not more than one auto may be washed at one time, and if the convenience store is clearly the principal use.
(Ord. 1397.17.36 § 2 (part), 2009: Ord. 1178 § 3.1 (part), 1987)

17.12.122 Bakery, commercial.

   “Bakery, commercial: means an industrial establishment primarily engaged in manufacturing and distribution of baked products.
(Ord. 1397.17.45 § 1 (part), 2014)

17.12.123 Bakery, retail.

   “Bakery, retail” means an establishment primarily engaged in preparing, baking, or cooking baked products for on-site retail sales, on-site or off-site consumption. Said use may include incidental on-site food service and distribution to local businesses.
(Ord. 1397.17.45 § 1 (part), 2014)

17.12.130 Base flood, one-hundred-year.

   “Base flood, one-hundred-year” means the flood having a one percent chance of being equaled or exceeded in any given year.
(Ord. 1178 § 3.1 (part), 1987)

17.12.140 Basement.

   “Basement” means a portion of a building located partly underground but having not less than half its floor-to-ceiling height below the average grade of the adjoining ground.
(Ord. 1178 § 3.1 (part), 1987)

17.12.145 Bed and breakfast establishment (tourist home).

   “Bed and breakfast” means a dwelling in which the occupants of the dwelling provide, for compensation, the short term lodging and meals for guests occupying not more than five guest rooms located within the dwelling.
(Ord. 1397.17.16 § I, 1997)

17.12.150 Block frontage.

   “Block frontage” means all of the property of a given lot or any portion thereof lying adjacent to a public street or highway.
(Ord. 1178 § 3.1 (part), 1987)

17.12.160 Board.

   “Board” means the board of adjustment of the city of Casa Grande, Arizona.
(Ord. 1178 § 3.1 (part), 1987)

17.12.170 Building.

   “Building” means any structure having enclosed space and a roof for the housing and/or enclosure of persons, animals or chattels, except mobile homes, recreational vehicles and mobile offices.
(Ord. 1178 § 3.1 (part), 1987)

17.12.180 Building area.

   “Building area” means the maximum horizontal projected area of the principal and accessory building, excluding open steps, terraces, unenclosed porches of one story, and architectural appurtenances projecting not more than two feet. Building area, as that portion of a lot upon which construction is permitted, is as follows: That area of a lot that lies within the boundaries of the front, side and rear yard setback requirements measured from the actual lot line.
(Ord. 1178 § 3.1 (part), 1987)

17.12.190 Building envelope.

   “Building envelope” means that area of a lot lying between the front, rear, and side yard setback lines and between ground level and the maximum allowable building height, amounting to a three dimensional area available for potential building construction.
(Ord. 1178 § 3.1 (part), 1987)

17.12.200 Building, front line of.

   “Building, front line of” means the line of the face of a building nearest the front lot line.
(Ord. 1178 § 3.1 (part), 1987)

17.12.210 Building, height of.

   “Building, height of” means the vertical distance of a building as measured from the average elevation of the finished grade within twenty feet of the structure to the highest point of the coping of a flat roof, or to the deck line of a mansard roof, or to the mean height level between eaves and ridges for gable and hip or gambrel roofs.
(Ord. 1178 § 3.1 (part), 1987)

17.12.220 Building line, front.

   “Building line, front” means the line nearest to the front and across a lot establishing the minimum open space to be pro-  vided between the front line of a building and the front lot line.
(Ord. 1178 § 3.1 (part), 1987)

17.12.230 Building line, rear.

   “Building line, rear” means the line nearest to the rear and across a lot establishing the minimum open space to be provided between the rear line of a building and the rear lot line.
(Ord. 1178 § 3.1 (part), 1987)

17.12.240 Building, nonconforming.

   “Building, nonconforming” means a legally existing building which fails to comply with the regulations set forth in this title applicable to the zone in which the building is located.
(Ord. 1178 § 3.1 (part), 1987)

17.12.250 Building, principal.

   “Building, principal” means a building which is conducted in the main, or principal, use of the lot on which the building is situated.
(Ord. 1178 § 3.1 (part), 1987)

17.12.260 Building, public.

   “Building, public” means a building, supported by government funds, to be used in an official capacity on behalf of the entire community.
(Ord. 1178 § 3.1 (part), 1987)

17.12.270 Business.

   “Business” means the engaging in of the purchase, sale, barter or exchange of goods, wares, merchandise or service; the maintenance or operation of offices or recreational or amusement enterprises.
(Ord. 1178 § 3.1 (part), 1987)

17.12.280 Campground.

   “Campground” means an area of land used to temporarily accommodate two or more camping parties, including cabins, tents, recreational vehicles or other camping outfits.
(Ord. 1178 § 3.1 (part), 1987)

17.12.290 Carport.

   “Carport” means a structure, open on at least two sides, consisting of a roof and either walls or columns for the purpose of housing automotive vehicles and other chattels. The structure shall be considered as an accessory building when detached from the principal building and as a part of the principal building when attached to the principal building along one or more sides of the carport or principal building.
(Ord. 1178 § 3.1 (part), 1987)

17.12.300 Cemetery.

   “Cemetery” means land used for the burial of the dead and dedicated for cemetery purposes, including crematories, mausoleums and mortuaries when operated in conjunction with and within the boundary of such cemetery.
(Ord. 1178 § 3.1 (part), 1987)

17.12.305 Charity dining facilities, homeless shelters and similar services.

   “Charity dining facilities” are defined as facilities that provide regular on-going charitable meal services.
   “Homeless shelters” are regular on-going facilities designed to provide temporary, charitable shelter.
   “Similar services” are defined as services other than a charity dining hall or homeless shelter, that provides essentially similar services related to shelter and meals as defined above.
   Specifically exempted are any services provided to victims of a county, state or federally declared disaster.
(Ord. 1397.17.11 § 1, 1994)

17.12.310 Church.

   “Church” means a building, together with its accessory buildings and uses, where persons regularly assemble for religious worship, and which building, together with its accessory buildings and uses, is maintained and controlled by a religious body organized to sustain public worship.
(Ord. 1178 § 3.1 (part), 1987)

17.12.320 City.

   “City” means the city of Casa Grande.
(Ord. 1178 § 3.1 (part), 1987)

17.12.325 City Manager.

   “City Manager” shall mean the Casa Grande City Manager or their designee. (Ord. 1397.17.64 § 1 (part), 2024)

17.12.330 Clinic or medical center.

   “Clinic or medical center” means an establishment where patients are admitted for special study and treatment by one or more licensed physicians and/or dentists and their professional associates, as distinguished from a “professional office” for general consultation purposes.
(Ord. 1178 § 3.1 (part), 1987)

17.12.340 Club, private (nonprofit).

   “Club, private (nonprofit)” means a nonprofit association of persons who are bona fide members paying annual dues which owns, hires, or leases a building, or a portion thereof; the use of such premises being restricted to members and their guests.
(Ord. 1178 § 3.1 (part), 1987)

17.12.350 Commission.

   “Commission” means the city of Casa Grande planning and zoning commission.
(Ord. 1178 § 3.1 (part), 1987)

17.12.360 Convenience-food restaurant.

   “Convenience-food restaurant” means an establishment whose principal business is the sale of foods, frozen desserts, or beverages to the consumer in a ready-to-eat state for consumption either within the premises or for carry-out with consumption either on or off the premises and whose design or principal method of operation includes both of the following characteristics:
   A.   Foods, frozen desserts, or beverages are usually served in edible containers or in paper, plastic, or other disposable containers;
   B.   The customer is not served food at his/her table by an employee but receives it at a counter, window, or similar facility for carrying to another location for consumption either on or off the premises.
(Ord. 1178 § 3.1 (part), 1987)

17.12.365 Convenience store.

   “Convenience store” uses are commercial activities which have a relatively high traffic generation compared to other commercial uses. A use is designated as a "convenience store" if the method of operation includes one or more of the following characteristics:
   A.   Retail gasoline is sold.
   B.   A store where food and drink is sold primarily for consumption off premises.
(Ord. 1397.17.36 § 1 (part), 2009)

17.12.370 Conditional use permits.

   “Conditional use permits” means legal authorization to undertake a conditionally permitted use as defined by this title.
(Ord. 1178 § 3.1 (part), 1987)

17.12.380 Corporate counsel.

   “Corporate counsel” means the attorney of the city of Casa Grande or any assistant or special counsel of the city.
(Ord. 1178 § 3.1 (part), 1987)

17.12.390 Council.

   “Council” means the city council of the city of Casa Grande.
(Ord. 1178 § 3.1 (part), 1987)

17.12.400 Day care.

   “Day care” means the care, supervision and guidance of a child or children, or an adult or adults, unaccompanied by parent, guardian or custodian, on a regular basis for periods of less than twenty-four hours per day, in a place other than the child's or children's, or an adult’s or adults’, own home or homes.
(Ord. 1397.17.36 § 2 (part), 2009: Ord. 1178 § 3.1 (part), 1987)

17.12.410 Day care center.

   “Day care center” means any facility in which day care is regularly provided for compensation for five or more children or adults not related to the proprietor.
(Ord. 1397.17.36 § 2 (part), 2009: Ord. 1178 § 3.1 (part), 1987)

17.12.415 Deferred presentment company.

   “Deferred presentment company" means a business that makes transactions pursuant to a written agreement in which the licensee holds a person's check for at least five calendar days before presentment for payment or deposit. This service is commonly known as payday loans. Deferred presentment companies are principally permitted in business zones, subject to the following conditions:
   A.   Deferred presentment companies shall not be located within thirteen hundred and twenty (1,320) feet of another deferred presentment company. This distance shall be measured by a straight line, in any direction, from the outside building wall of a proposed deferred presentment company to the location of the nearest outside building wall of the existing deferred presentment company, without regard to any intervening uses.
   B.   These requirements shall also apply to deferred presentment companies which are ancillary to another existing or permitted use.
   C.   The minimum separation required for the above uses shall apply regardless of whether the other use is located within the incorporated area of the city of Casa Grande or another jurisdiction.
(Ord. 1397.17.35 § 1, 2009)

17.12.420 Density, gross.

   “Density, gross” means the number of  residential dwelling units per unit of land.
(Ord. 1178 § 3.1 (part), 1987)

17.12.430 Density, net residential.

   “Density, net residential” means the number of residential dwelling units per unit of land, excluding any land used or to be used as arterial street rights-of-way or private nonresidential uses except parks, open space and recreational areas. For calculating net residential density, the formula shall apply:
          du
      D =   A-(c+i+s+a)
Where:
      D =    Residential density
      du=   Total number of dwelling units in project
      A =    Total site area (acres)
      c =   Total commercial land area (acres)
      i =    Total industrial land area (acres)
      s =    Reserved but undedicated school sites or other public sites (acres)
      a =    Arterial rights-of-way (acres)
(Ord. 1178 § 3.1 (part), 1987)

17.12.435 Department.

   “Department” hall mean the Casa Grande Planning and Development Department. (Ord. 1397.17.64 § 1 (part), 2024)

17.12.440 Development.

   “Development” means any manmade change to improve or alter real estate, including but not limited to, buildings or other structures, mining, dredging, filling, grading, paving, excavation, or drilling operations.
(Ord. 1178 § 3.1 (part), 1987)

17.12.450 Development disability.

   “Development disability” shall include autism, cerebral palsy, epilepsy or cognitive disability.
(Ord. 1397.17.36 § 2 (part), 2009: Ord. 1178 § 3.1 (part), 1987)

17.24.455 Director.

   “Director”shall mean the Casa Grande Planning and Development Director or their designee. (Ord. 1397.17.64 § 1 (part), 2024)

17.12.460 Drive access.

   “Drive access” means that area between the curb of a street, or edge of the traveled portion of a street when no curb exists, and the right-of-way/property line over which the city will permit vehicular travel from the traveled portion of a street to an individual property, or off-street parking space(s).
(Ord. 1178 § 3.1 (part), 1987)

17.12.470 Drive-in business.

   “Drive-in business” means any business in which people are provided a service or a product, where a sale is made without the customer being required to leave the vehicle. Such businesses include, but are not limited to, the following: drive-in theater, drive-in bank, drive-in laundry or drycleaning pickup station, drive-in restaurant, and any business offering “take-home” food services.
(Ord. 1178 § 3.1 (part), 1987)

17.12.480 Duplex.

   See Section 17.12.530.
(Ord. 1178 § 3.1 (part), 1987)

17.12.490 Dwelling.

   “Dwelling” means a building, or portion thereof, used primarily for residential occupancy, including single-family, two-family, multiple-family dwellings and group homes, but not including hotels, motels, or tourist homes.
(Ord. 1178 § 3.1 (part), 1987)

17.12.495 Dwelling, accessory or ADU.

   “Dwelling, accessory or ADU” means an attached or detached unit that is a smaller, independent site built or modular residential dwelling unit, which complies with the International Residential Code as adopted by the City and codified in Casa Grande Municipal Code Section 15.06.010, as may be amended from time to time, that is on the same lot or parcel as a single-family dwelling of greater square footage than the accessory dwelling unit, and that includes its own sleeping and sanitation facilities and that may include its own kitchen facilities. (Ord. 1397.17.61 § 1 (part), 2024)

17.12.500 Dwelling, attached.

   “Dwelling, attached” means a dwelling that has a wall, roof and/or floor in common with any other dwelling.
(Ord. 1178 § 3.1 (part), 1987)

17.12.510 Dwelling, detached.

   “Dwelling, detached” means city dwelling that does not have a wall roof and/or floor in common with any other dwelling.
(Ord. 1178 § 3.1 (part), 1987)

17.12.515 Dwelling, manufactured.

   “Dwelling, manufactured” shall mean a factory-assembled structure equipped with the necessary service connections and made to be readily movable and designed to be used as a dwelling unit(s) with or without a permanent foundation. It also has an insignia verifying that it complies with Housing and Urban Development (HUD) or industry equivalent construction standards. (Ord. 1397.17.62 § 1 (part), 2024)

17.12 516 Dwelling, modular or sectional.

   “Dwelling, modular or sectional” shall mean a dwelling unit mass-produced in a factory, designed and constructed for transportation to a site. It shall also be designed for connection to the required utilities and to be anchored to a permanent foundation. Modular or sectional dwellings shall be constructed in compliance with the International Residential Code as adopted by the City and codified in Casa Grande Municipal Code Section 15.06.010, as may be amended from time to time. (Ord. 1397.17.62 § 1 (part), 2024)

17.12.520 Dwelling, single-family.

   “Dwelling, single-family” means a building used for residential occupancy by one family.
(Ord. 1178 § 3.1 (part), 1987)

17.12.530 Dwelling, two-family.

   “Dwelling, two-family” means a building or portion thereof, used for occupancy by two or more families living independently of each other, with the units completely separated by a common wall, floor and/or ceiling.
(Ord. 1178 § 3.1 (part), 1987)

17.12.540 Dwelling, multiple (multi-family).

   “Dwelling, multiple (multi-family)” means a building or portion thereof, used for occupancy by three or more families living independently of each other, with the units completely separated by a common wall, floor and/or ceiling.
(Ord. 1178 § 3.1 (part), 1987)

17.12.550 Dwelling unit.

   “Dwelling unit” means a dwelling, or portion of a dwelling, used by one household for residential purposes.
(Ord. 1178 § 3.1 (part), 1987)

17.12.560 Family.

   “Family” means any number of individuals customarily living together as a single housekeeping unit and using common cooking facilities as distinguished from a group occupying a hotel, motel, club, fraternity, sorority, lodging house, or nursing home.
(Ord. 1178 § 3.1 (part), 1987)

17.12.570 Fence.

   “Fence” means a barrier constructed of materials erected for the purpose of protection, confinement, enclosure or privacy.
(Ord. 1178 § 3.1 (part), 1987)

17.12.580 Flood Insurance Rate Map (FIRM).

   “Flood Insurance Rate Map” means the official map on which the Federal Insurance Administration has delineated both the areas of special flood hazards and risk premium zones applicable to the community.
(Ord. 1178 § 3.1 (part), 1987)

17.12.590 Flood Insurance Study.

   “Flood Insurance Study” means the official report in which the Federal Insurance Administration has provided flood profiles as well as the Flood Boundary Floodway Map and the water surface elevation of the base flood.
(Ord. 1178 § 3.1 (part), 1987)

17.12.600 Floodplain.

   “Floodplain” means that area encompassing the floodway area and the floodway fringe.
(Ord. 1178 § 3.1 (part), 1987)

17.12.610 Floodproofing.

   “Floodproofing” means any combination of structural and nonstructural additions, changes, or adjustments to properties and structures which reduce or eliminate flood damage to lands, water and sanitary facilities, structures and contents of buildings.
(Ord. 1178 § 3.1 (part), 1987)

17.12.620 Floodway, one-hundred-year.

   “Floodway, one-hundred-year” means the channel of a river or other watercourse and the adjacent land areas which must be kept free of encroachment in order to carry out and discharge a flood of one- hundred-year magnitude without substantial increases in flood height.
(Ord. 1178 § 3.1 (part), 1987)

17.12.630 Floodway fringe, one-hundred year.

   “Floodway fringe, one-hundred-year” means the area between the floodway and the one-hundred- year flood boundary.
(Ord. 1178 § 3.1 (part), 1987)

17.12.640 Garage, private.

   “Garage, private” means a detached accessory building, or portion of a main building, used for the storage of self-propelled vehicles where the capacity does not exceed three vehicles per family housed in the building to which such garage is accessory and not more than one-third of the total number of vehicles stored in such garage shall be commercial vehicles.
(Ord. 1178 § 3.1 (part), 1987)

17.12.650 Garage, public.

   “Garage, public” means any building or premises, except those defined herein as a private garage, used for the storage or care of motor vehicles; or where such vehicles are equipped for operation, repaired, or kept for rental, hire, or sale.
(Ord. 1178 § 3.1 (part), 1987)

17.12.660 General plan.

   “General plan” means the city of Casa Grande general plan.
(Ord. 1178 § 3.1 (part), 1987)

17.12.670 Grade.

   “Grade” means the average level of the finished ground surfaces surrounding a building.
(Ord. 1178 § 3.1 (part), 1987)

17.12.680 Greenhouse.

   “Greenhouse” means a building or structure constructed chiefly of glass, glass-like translucent material, cloth, lath or similar materials which is devoted to the protection or cultivation of flowers and other plants.
(Ord. 1178 § 3.1 (part), 1987)

17.12.685 Gross floor area.

   “Gross floor area” means the interior habitable area of a single-family dwelling or an accessory dwelling unit. (Ord. 1397.17.61 § 1 (part), 2024)

17.12.690 Ground floor area.

   “Ground floor area” means the square foot area of a building within its largest outside dimension computed on a horizontal plane at the ground floor level, exclusive of open porches, breezeways, terraces, garages, exterior stairways, and secondary stairways.
(Ord. 1178 § 3.1 (part), 1987)

17.12.700 Group home.

   “Group home” means a single, residential structure having common kitchen facilities occupied by more than six persons having physical, mental, emotional, or social problems and living together for the purpose of training, observation, and/or common support on a twenty-four hour per day basis, except that a residential facility shall not be included in the definition of group home.
(Ord. 1178 § 3.1 (part), 1987)

17.12.710 Habitable floor.

   “Habitable floor” means any floor usable for living purposes, which includes working, sleeping, eating, cooking or recreation, or a combination thereof.
(Ord. 1178 § 3.1 (part), 1987)

17.12.720 Home occupation or profession.

   “Home occupation or profession” means any use conducted entirely within a dwelling and carried on solely by the occupants thereof, which use is clearly incidental and secondary to the use of the dwelling for residential purposes and which meets the requirements of this title.
(Ord. 1178 § 3.1 (part), 1987)

17.12.730 Hospital.

   “Hospital” means an institution for the diagnosis, treatment, or other cure of human ailments and includes sanitarium or clinic, provided such institution is operated by, or treatment is given, under direct supervision of a physician licensed to practice by the state of Arizona.
(Ord. 1178 § 3.1 (part), 1987)

17.12.740 Hotel or motel.

   “Hotel or motel” means a building or portion thereof, or a group of buildings, in which lodging is provided and offered to transient guests for compensation; shall not include a lodging house.
(Ord. 1178 § 3.1 (part), 1987)

17.12.750 Incidental.

   “Incidental” means any action or use of less importance, or secondary to, any other action or use.
(Ord. 1178 § 3.1 (part), 1987)

17.12.760 Junkyard.

   “Junkyard” means any place at which personal property is or may be salvaged for reuse, resale, or reduction or similar disposition and is owned, possessed, collected, accumulated, dismantled or sorted, including but not limited to: use of salvaged base metal or metals, their compounds or combinations; use of salvaged rope, bags, rags, glass, rubber, lumber, millwork, brick, automobiles, and similar property which are used, owned, or possessed for the purpose of wrecking or salvaging parts therefrom.
(Ord. 1178 § 3.1 (part), 1987)

17.12.770 Kennel.

   “Kennel” means any lot or premises on which three or more dogs, cats, or small animals over the age of eight weeks are kept. A noncommercial kennel at, in, or adjoining a private residence where hunting or other dogs are kept for the hobby of the householder (i.e., hunting, tracking, or exhibiting) or for guarding or protecting the householder's property is permitted in residential zoning districts, provided the number of dogs, cats or small animals over the age of eight weeks does not exceed four.
(Ord. 1178 § 3.1 (part), 1987)

17.12.771 Large multiple use shopping center.

   A “large multiple use shopping center” shall mean any grouping of two or more retail uses, whether on a single lot or on abutting lots under multiple or single ownership and whether contained in one building or multiple buildings where the aggregate square footage of building coverage primarily devoted to, or intended for, the sale or display of goods and merchandise for consumption by the general public, including any outdoor sales and display area(s) and storage/stockroom area(s), but excluding any outdoor area for the sale of cars, trucks, boats, recreational vehicles, or manufactured homes is in excess of two-hundred fifty thousand (250,000) square feet.
(Ord. 1397.17.29 § 1 (part), 2001)

17.12.772 Large single retail use.

   A “large single retail use” shall mean any single use building, whether stand alone or within a multi-building development, wherein said single use building occupies at least one-hundred thousand (100,000) square feet of building coverage primarily devoted to, or intended for, the sale or display of goods and merchandise for consumption by the general public, including any outdoor sales and display area(s) and storage/stockroom area(s), but excluding any outdoor area for the sale of cars, trucks, boats, recreational vehicles, or manufactured homes. For the purposes of this definition, calculation of such building area(s) shall include all other indoor and outdoor sales areas or customer service area(s) that may be incidental to, but nevertheless share customer walking aisles or store entrances with the large single retail use operator, whether or not such area(s) are under the same management as the large single retail use operator.
(Ord. 1397.17.29 § 1 (part), 2001)

17.12.780 Loading and unloading bays.

   “Loading and unloading bays” means the off-street area required for the receipt of or distribution, by vehicles, of material or merchandise.
(Ord. 1178 § 3.1 (part), 1987)

17.12.790 Lodging house.

   “Lodging house” means a building with more than two but not more then ten guest rooms where lodging with or without meals is provided for compensation.
(Ord. 1178 § 3.1 (part), 1987)

17.12.800 Lot.

   “Lot” means a piece, parcel, plot, tract, or area of land occupied or capable of being occupied by one or more principal buildings, and the accessory buildings or uses customarily incidental to them, and including the open spaces required under this title, and having its principal lot frontage on a street.
(Ord. 1178 § 3.1 (part), 1987)

17.12.810 Lot area.

   “Lot area” means the total horizontal area within the boundary lines of a lot.
(Ord. 1178 § 3.1 (part), 1987)

17.12.820 Lot, corner.

   “Lot, corner” means a lot at a junction of and fronting on two or more intersecting streets.
(Ord. 1178 § 3.1 (part), 1987)

17.12.830 Lot, interior.

   “Lot, interior” means a lot other than a corner or through lot.
(Ord. 1178 § 3.1 (part), 1987)

17.12.835 Lot of record, nonconforming.

   “Lot of record, nonconforming” means a lot or parcel legally existing as of the date on which this title was adopted which does not meet the applicable lot area, lot depth and/or lot width requirements of the zone district in which it is located. (Ord. 1397.17.63 § 1 (part), 2024)

17.12.840 Lot, through.

   “Lot, through” means a lot having frontage on two parallel or approximately parallel streets.
(Ord. 1178 § 3.1 (part), 1987)

17.12.850 Lot coverage.

   “Lot coverage” means the percentage of the lot area covered by buildings.
(Ord. 1178 § 3.1 (part), 1987)

17.12.860 Lot depth.

   “Lot depth” means the horizontal distance of a line measured at a right angle to the front lot line and running between the front lot line and rear lot line of a lot.
(Ord. 1178 § 3.1 (part), 1987)

17.12.870 Lot, ground level.

   “Lot, ground level” means, for buildings having walls fronting on only one street, the elevation at the front lot line at the center of a wall fronting on the street; for buildings having walls fronting on more than one street, the average of the elevation of the lot lines at the center of all walls fronting on the streets; for buildings having no walls fronting on a street, the average level of the ground adjacent to the exterior walls of the building.
(Ord. 1178 § 3.1 (part), 1987)

17.12.880 Lot line, front.

   “Lot line, front” means, in the case of an interior lot, a line separating the lot from the street, in the case of a corner lot, a line separating the narrowest street frontage of the lot from the street and in the case of a through lot, a line separating the lot from the street from which a drive access may be permitted by the city.
(Ord. 1178 § 3.1 (part), 1987)

17.12.890 Lot line, rear.

   “Lot line, rear” means a lot line which is opposite and most distant from the front lot line and, in the case of an irregular or triangular shaped lot, a lot line ten feet in length within the lot, parallel to and at the maximum distance from the front lot line.
(Ord. 1178 § 3.1 (part), 1987)

17.12.900 Lot line, side.

   “Lot line, side” means any lot boundary line not a front lot line or a rear lot line.
(Ord. 1178 § 3.1 (part), 1987)

17.12.910 Lot width.

   “Lot width” means the distance as measured in a straight line, between side lot lines at the points of intersection with the front building line.
(Ord. 1178 § 3.1 (part), 1987)

17.12.920 Manufactured home.

   “Manufactured home” see Section 17.12.515. (Ord. 1397.17.62 § 1 (part), 2024; Ord. 1178 § 3.1 (part), 1987)

17.12.930 Manufacturing.

   “Manufacturing” means the creation of products either with machinery or by and according to an organized plan and with the division of labor.
(Ord. 1178 § 3.1 (part), 1987)

17.12.940 Manufacturing, light.

   “Manufacturing, light” means fabrication of and/or assembly of goods from previously prepared materials.
(Ord. 1178 § 3.1 (part), 1987)

17.12.941 Marijuana and medical marijuana.

   “Marijuana” means:
    1.   All parts of the plant of the genus cannabis, whether growing or not, as well as the seeds from the plant, the resin extracted from any part of the plant, and every compound, manufacture, salt, derivative, mixture, or preparation of the plant or its seeds or resin.
   2.   Includes cannabis as defined in A.R.S. § 13-3401.
   3.   Does not include industrial hemp, the fiber produced from the stalks of the plant of the genus cannabis, oil, or cake made from the seeds of the plant, sterilized seeds of the plant that are incapable of germination, or the weight of any other ingredient combined with marijuana to prepare topical or oral administrations, food, drink, or other products.
   "Medical marijuana" means marijuana, as defined herein, that may be administered to treat or alleviate a qualifying patient’s debilitating medical condition or symptoms associated with the patient's debilitating medical condition.
(Ord. 1397.17.53 § 1 (part), 2021; Ord. 1397.17.37 § 1 (part), 2011)

17.12.942 Marijuana cultivation facility.

   “Marijuana cultivation facility” shall mean a building or structure used for the cultivation or storage of marijuana that is physically separate from a marijuana dispensary.
(Ord. 1397.17.53 § 1 (part), 2021; Ord. 1397.17.37 § 1 (part), 2011)

17.12.943 Marijuana dispensary.

   “Marijuana dispensary” means a dual licensee entity that holds both a non-profit medical marijuana dispensary registration and a marijuana establishment license from the Arizona Department of Health Services, and operates both cooperatively in a shared location or an entity that holds a non-profit medical marijuana dispensary license from the Arizona Department of Health Services.
(Ord. 1397.17.53 § 1 (part), 2021; Ord. 1397.17.37 § 1 (part), 2011)

17.12.944 Marijuana infusion facility.

   “Marijuana infusion facility” means a facility that incorporates marijuana (cannabis) into consumable/ edible goods by the means of cooking, blending, or any other type of incorporation.
(Ord. 1397.17.53 § 1 (part), 2021; Ord. 1397.17.37 § 1 (part), 2011)

17.12.945 Marijuana testing facility.

   "Marijuana testing facility" means the Arizona Department of Health Services (ADHS) or another entity that is licensed by ADHS to analyze the potency of marijuana and test marijuana for harmful contaminants.
(Ord. 1397.17.53 § 1 (part), 2021)

17.12.946 Marijuana uses.

   “Marijuana uses” shall include collectively marijuana cultivation facilities, marijuana dispensaries, marijuana testing facilities, and marijuana infusion facilities.
(Ord. 1397.17.53 § 1 (part), 2021; Ord. 1397.17.37 § 1 (part), 2011)

17.12.947 Qualifying patient/caregiver cultivation location.

   “Qualifying patient/caregiver cultivation location” means any building, structure, or premises used for the cultivation of marijuana by either a qualifying patient and/or qualified caregivers who meet the following requirements:
   1.   The cultivator is either:
   a.   A qualifying patient pursuant to A.R.S. § 36-2801(13) who has received his/her registry identification card from the Arizona Department of Health Services; or
   b.   A designated caregiver pursuant to A.R.S. § 36-2801(5) who has received his/her registry identification card from the Arizona Department of Health Services.
   2.   The cultivation is done only at the address approved by the Arizona Department of Health Services; and
   3.   The building, structure, or premises used for the cultivation is at least twenty-five miles from the nearest medical marijuana dispensary.
(Ord. 1397.17.37 § 1 (part), 2011)

17.12.950 Mining.

   “Mining” means the extraction of sand, gravel, or other material from the land in the amount of four hundred cubic yards or more and the removal thereof from the site without processing.
(Ord. 1397.16.2 §§ 1 (part), 2 (part), 1994)

17.12.960 Mobile homes.

   “Mobile homes (also manufactured home)” means a factory-assembled structure or structures, exceeding eight feet in width, originally equipped with the necessary service connections and originally made so as to be readily movable as a unit or units on its (their) own running gear and designed to be used as a dwelling unit(s) without a permanent foundation, whether or not the running gear has been removed.
(Ord. 1178 § 3.1 (part), 1987)

17.12.970 Mobile home park.

   “Mobile home park” means any plot of ground upon which two or more mobile homes, occupied or intended to be occupied for dwelling or sleeping purposes, are located.
(Ord. 1178 § 3.1 (part), 1987)

17.12.980 Mobile home space.

   “Mobile home space” means a plot of ground within a mobile home park designed for the accommodation of one mobile home.
(Ord. 1178 § 3.1 (part), 1987)

17.12.990 Mobile home stand.

   “Mobile home stand” means that portion of an individual mobile home space which has been reserved for the placement of a mobile home and structures or additions appurtenant to the mobile home.
(Ord. 1178 § 3.1 (part), 1987)

17.12.1000 Mobile office.

   “Mobile office” means a factory-assembled structure or structures exceeding eight feet in width, originally equipped with the necessary service connections, and originally made so as to be readily movable as a unit or units on its (their) own running gear and designed to be used as an office without a permanent foundation, whether or not the running gear has been removed.
(Ord. 1178 § 3.1 (part), 1987)

17.12.1010 Model home.

   “Model home” means a home constructed to display a builder's for sale or lease units but which does not serve as a dwelling unit.
(Ord. 1178 § 3.1 (part), 1987)

17.12.1020 Modular or sectional home.

   See Section 17.12.516. (Ord. 1397.17.62 § 1 (part), 2024; Ord. 1178 § 3.1 (part), 1987)

17.12.1030 New construction.

   “New construction” means structures for which the “start of construction” commenced on or after the effective date of this title.
(Ord. 1178 § 3.1 (part), 1987)

17.12.1040 Noxious matter or material.

   “Noxious matter or material” means material capable of causing injury to living organisms by chemical reaction or capable of causing detrimental effects on the physical or economic well-being of individuals.
(Ord. 1178 § 3.1 (part), 1987)

17.12.1050 Nonconforming use.

   See Section 17.12.1570.
(Ord. 1178 § 3.1 (part), 1987)

17.12.1060 Nursing home.

   See Section 17.12.700.
(Ord. 1178 § 3.1 (part), 1987)

17.12.1070 Offices.

   “Offices” means structures, or portions of structures, in which commercial activities take place but where goods are not produced, sold, or repaired. These include: banks; general and professional offices; governmental offices; insurance offices; real estate offices; taxicab offices; but not taxi stands; travel agency or transportation ticket offices; telephone exchange; utility offices; radio broadcasting and similar uses.
(Ord. 1178 § 3.1 (part), 1987)

17.12.1080 One-hundred-year flood.

   “One-hundred-year flood” means the highest level of flooding that, on the average, is likely to occur once every one hundred years (i.e., that has a one percent chance of occurring in any given year).
(Ord. 1178 § 3.1 (part), 1987)

17.12.1090 Open sales (or rental) lot.

   “Open sales (or rental) lot” means any land used or occupied for the purpose of buying, selling, or renting for use away from the premises, any goods, materials, or merchandise, and for the exterior storing of same prior to sale or rental.
(Ord. 1178 § 3.1 (part), 1987)

17.12.1100 Overlay zone.

   “Overlay zone” means a zone superimposed upon an underlying zone which establishes special requirements in addition to, or in lieu of, those of the underlying zone. Development or use of land or structures must conform to the requirements of both zones or the more restrictive of the two, if in conflict.
(Ord. 1178 § 3.1 (part), 1987)

17.12.1105 Park model.

   “Park model” shall mean a home, although considered a recreational vehicle, that is transportable and primarily designed for long-term or permanent placement at a destination where a recreational vehicle is allowed. When set up, a park model is connected to the utilities necessary to operate home style fixtures and appliances. A park model is under 400 sq. ft. and is typically built to American National Standards Institute (NASI) code for recreational vehicles. (Ord. 1397.17.62 § 1 (part), 2024)

17.12.1110 Parking area, public.

   “Parking area, public” means an open area, other than a street or alley designated for use, or used, as a temporary parking for four or more vehicles when available for public use, whether free or for compensation or as an accommodation for clients or customers.
(Ord. 1178 § 3.1 (part), 1987)

17.12.1120 Parking space, off-street.

   “Parking space, off-street” means a space designated for the temporary parking of a motor vehicle not on the right-of-way or alley but accessible from a street or alley.
(Ord. 1178 § 3.1 (part), 1987)

17.12.1130 Party wall.

   “Party wall” means a wall of a building or structure which is common to two or more buildings.
(Ord. 1178 § 3.1 (part), 1987)

17.12.1140 Paved parking space or surface.

   “Paved parking space or surface” means an area covered by an impervious dust free surface of asphalt or concrete designed to specifications of the city engineer.
(Ord. 1178 § 3.1 (part), 1987)

17.12.1150 Personal and convenience services.

   “Personal and convenience services” means businesses offering services such as barber shops, beauty shops, laundromats, laundry and dry cleaning pickup and delivery stations, and similar uses.
(Ord. 1178 § 3.1 (part), 1987)

17.12.1160 Persons.

   “Persons” means and includes any individual or group of individuals, corporations, partnerships, associations, or any other organized group of persons, including state and local governments and agencies thereof.
(Ord. 1178 § 3.1 (part), 1987)

17.12.1170 Plant nursery.

   “Plant nursery” means facilities for commercial development, growth and sale of plants and/or for the utilization of and storage of equipment for landscaping operation and wholesale and/or retail or commercial supplies.
(Ord. 1178 § 3.1 (part), 1987)

17.12.1180 Property, personal.

   “Property, personal” means property, other than real property, consisting of things temporal and movable.
(Ord. 1178 § 3.1 (part), 1987)

17.12.1190 Property, real.

   “Property, real” means property consisting of buildings and/or land.
(Ord. 1178 § 3.1 (part), 1987)

17.12.1200 Recreational vehicle.

   “Recreational vehicle” means a vehicular type portable structure without permanent foundation, which can be towed, hauled or driven primarily designed as a temporary living accommodation for recreational, camping and travel use and including but not limited to travel trailers, truck campers, camping trailers and self-propelled motor homes.
(Ord. 1178 § 3.1 (part), 1987)

17.12.1210 Recreational vehicle park.

   “Recreational vehicle park” means a plot of ground upon which two or more sites are located, established or maintained for occupancy by the general public as temporary living quarters for recreation, education or vacation purposes.
(Ord. 1178 § 3.1 (part), 1987)

17.12.1215 Recycling center.

   "Recycling center" means a facility for the collection and temporary storage of empty household product containers, such as, but not limited to, aluminum cans, glass and plastic bottles, plastic, glass, cardboard, paper, aluminum, and similar recyclable materials discarded from residential dwelling units. The term "acceptable recyclable materials" does not include equipment and/or mechanical components. All recycling activities, including compacting and packaging necessary to transport the materials, must occur within an enclosed building or buildings. Outside storage of the materials either prior to processing or after processing is permissible only in enclosed containers.
(Ord. 1397.17.19 1, 1998)

17.12.1220 Research laboratory.

   “Research laboratory” means an establishment or facility for carrying on investigation in the natural, physical or social sciences, or engineering and development as an extension of investigation with the objective of creating products.
(Ord. 1178 § 3.1 (part), 1987)

17.12.1230 Residential facility.

   “Residential facility” means a single residential structure having common kitchen facilities, occupied by six or fewer persons having a physical, emotional, social or developmental disability, and living together for the purpose of residential training, observation, and/or common support, in which care is provided on a twenty-four hour per day basis. The limitation of six or fewer persons does not include the operator of a residential facility, members of the operator's family or persons employed as staff, except that the total number of all persons living at the residential facility shall not exceed eight.
(Ord. 1397.17.36 § 2 (part), 2009: Ord. 1178 § 3.1 (part), 1987)

17.12.1240 Restaurant.

   “Restaurant” means any restaurant (except a drive-in restaurant or a convenience food restaurant as defined in this section), coffee shop, cafeteria, short-order cafe, luncheonette, tavern, sandwich stand, drugstore, and soda fountain serving food, and all other eating and drinking establishments provided that at least one-half of the total sales are derived from the sale of food.
(Ord. 1178 § 3.1 (part), 1987)

17.12.1245 Self-Storage Facility.

   “Self-Storage Facility” means a facility consisting of individual storage units which are independently accessed and locked and used solely for dead storage purposes. The facility may be accessed externally or from interior corridors. The facility may have storage for vehicles, boats, and trailers and/or an on-site manager's quarters as accessory uses.
(Ord. 1397.17.60 § 1, 2023)

17.12.1250 School.

   “School” means any pre-primary, primary or grammar, public, parochial or private school, high school; prepatory school or academy, public or founded, or owned or conducted by or under the sponsorship of a religious or charitable organization; private prepatory school or academy furnishing courses of instruction substantially equivalent to the courses offered by public high schools for preparation of admission to college or universities which award B.A. or B.S. degrees; junior college or university, public or founded or conducted by or under the sponsorship of a religious or charitable organization; or private school when not conducted as a commercial enterprise for the profit of individual owners or stockholders.
(Ord. 1178 § 3.1 (part), 1987)

17.12.1260 Screening.

   “Screening” means a solid or nearly solid barrier (i.e., wall, fence, plantings) constructed or installed for the purpose of visual separation.
(Ord. 1178 § 3.1 (part), 1987)

17.12.1270 Setback.

   “Setback” means the horizontal distance between the front line of a building and the street right- of-way line or lot line.
(Ord. 1178 § 3.1 (part), 1987)

17.12.1280 Setback line.

   “Setback line” means that line that is the required minimum distance from the street right-of-way line or any other lot line that establishes the area within which the principal structure must be placed.
(Ord. 1178 § 3.1 (part), 1987)

17.12.1290 Sewer, public.

   “Sewer, public” means any sanitary sewer line owned and maintained by the city, whether or not installed by the city.
(Ord. 1178 § 3.1 (part), 1987)

17.12.1300 Sewer system, community.

   “Sewer system, community” means any sanitary sewer system, whether treatment plant, septic tank or lagoon designed with a sewer collection system to be used by a legally constituted association of property owners. The system may or may not be a public system.
(Ord. 1178 § 3.1 (part), 1987)

17.12.1305 Sexually oriented business.

   “Sexually oriented business” means an adult arcade, adult bookstore or adult video store, adult cabaret, adult motel, adult motion picture theater, adult theater, escort agency, nude model studio, sexual encounter center, or any combination of the foregoing. (See definitions in the ordinance adopted by reference in Section 5.24.010.)
(Ord. 1397.16.2 § 2 (part), 1994)

17.12.1310 Shopping center.

   “Shopping center” means any grouping of two or more principal retail uses, whether on a single lot or on abutting lots under multiple or single ownership and whether contained in one building or multiple buildings.
(Ord. 1178 § 3.1 (part), 1987)

17.12.1320 Sign.

   “Sign” means any device providing identification, advertising or directional information for a specific business, service, product, person, organization, place or building. Included in this definition are graphic devices such as logos, attention attracting media such as banners or logo sculpture and obtrusive colored fascia or architectural elements.
(Ord. 1178 § 3.1 (part), 1987)

17.12.1330 Sign, free-standing.

   “Sign, free-standing” means any nonmovable sign not affixed to a building.
(Ord. 1178 § 3.1 (part), 1987)

17.12.1340 Sign, nonaccessory.

   “Sign, nonaccessory” means a sign which directs attention to a business, commodity, service or entertainment conducted sold or offered at a location other than the premises on which the sign is located.
(Ord. 1178 § 3.1 (part), 1987)

17.12.1350 Sign, wall.

   “Sign, wall” means a sign fastened to or painted on the wall of a building or structure in such manner that the wall becomes the supporting structure for, or forms the background surface of, the sign and which does not project more than twelve inches from such building or structure.
(Ord. 1178 § 3.1 (part), 1987)

17.12.1360 Site plan.

   “Site plan” means a drawing to scale not less than one inch equals one hundred feet showing the accurate location of all structures, streets, alleys, and parking areas existing and proposed on subject property or any other information as may be required by this title.
(Ord. 1178 § 3.1 (part), 1987)

17.12.1370 Stable, private.

   “Stable, private” means any building located on a lot which is designed, arranged, used or intended to be used for not more than four horses for the private use of the owner of the lot, but shall not exceed six thousand square feet in area.
(Ord. 1178 § 3.1 (part), 1987)

17.12.1380 Stable, public.

   “Stable, public” means a stable where horses are kept for remuneration, hire or sale.
(Ord. 1178 § 3.1 (part), 1987)

17.12.1390 Start of construction.

   A.   “Start of construction” means the first placement of permanent construction of a structure (other than a mobile home) on a site, such as the pouring of slabs or footings or any work beyond the stage of excavation. Permanent construction does not include land preparation, such as clearing, grading and filling, nor does it include the installation of streets and/or walkways; nor does it include excavation for a basement, footings, piers, or foundations or the erection of temporary forms; nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not as part of the main structure.
   B.   For a structure (other than a mobile home) without a basement or poured footings, the “start of construction” includes the first permanent framing or assembly of the structure or any part thereof on its piling or foundation.
   C.   For mobile homes not within a mobile home park or mobile home subdivision, “start of construction” means the affixing of the mobile home to its permanent site. For mobile homes within mobile home parks or mobile home subdivisions, “start of construction” is the date on which the construction of facilities for servicing the site on which the mobile home is to be affixed (including, at a minimum, the construction of streets, either final site grading or the pouring of concrete pads, and installation of utilities) is completed.
(Ord. 1178 § 3.1 (part), 1987)

17.12.1400 Street.

   “Street” means a right-of-way other than an alley, dedicated or otherwise legally established for public use, usually affording the principal means of access to abutting property.
(Ord. 1178 § 3.1 (part), 1987)

17.12.1410 Street, arterial.

   “Street, arterial” means a street with access control, signals at important intersections and stop signs on the side streets and restricted parking designed to primarily distribute traffic.
(Ord. 1178 § 3.1 (part), 1987)

17.12.1420 Street, collector.

   “Street, collector” means a street which carries (collects) traffic from local streets and connects with minor or major arterial streets.
(Ord. 1178 § 3.1 (part), 1987)

17.12.1430 Street, local.

   “Street, local” means a street designed to provide vehicular access to abutting properties and to discourage through traffic.
(Ord. 1178 § 3.1 (part), 1987)

17.12.1440 Street frontage.

   “Street frontage” means any property line separating a lot from a street; the front lot line.
(Ord. 1178 § 3.1 (part), 1987)

17.12.1450 Street, public.

   “Street, public” means any street which has been dedicated or is otherwise publicly owned by the city. Any street not a public street shall be deemed a private street.
(Ord. 1178 § 3.1 (part), 1987)

17.12.1460 Structure.

   “Structure” means anything constructed or erected which requires location on the ground.
(Ord. 1178 § 3.1 (part), 1987)

17.12.1470 Structural alteration.

   “Structural alteration” means any change in the supporting members of a building, such as bearing walls or partitions, columns, beams, or girders, or any change in the exterior walls or roof.
(Ord. 1178 § 3.1 (part), 1987)

17.12.1480 Substantial improvement.

   A.   “Substantial improvement” means any repair, reconstruction, or improvement of a structure, the cost of which equals or exceeds fifty percent of the market value of the structure either:
   1.   Before the improvement or repair is started; or
   2.   If the structure has been damaged and is being restored, before the damage occurred.
   B.   For the purposes of this definition “substantial improvement” is considered to occur when the first alteration of any wall, ceiling, floor, or other structural part of the building commences, whether or not the alteration affects the external dimensions of the structure. The term does not, however, include either:
   1.   Any project for improvement of a structure to comply with existing state or local health, sanitary, or safety code specifications which are solely necessary to assure safe living conditions; or
   2.   Any alteration of a structure listed on the National Register of Historic Places.
(Ord. 1178 § 3.1 (part), 1987)

17.12.1500 Townhouse.

   “Townhouse” means a single-family dwelling constructed as part of a series of dwellings, all of which are either attached to the adjacent building and/or buildings by party walls, or are located immediately adjacent thereto without any visible separation between walls or roof; all of which may be located on individual and separate lots, if individually owned, or upon a single lot, if under common ownership.
(Ord. 1178 § 3.1 (part), 1987)

17.12.1510 Townhouse cluster.

   “Townhouse cluster” means a building consisting of two or more noncommunicating, attached one-family units placed side by side and/or back to back having a common wall between each two adjacent dwelling units.
(Ord. 1397.17.23 § 1, 1999; Ord. 1178 § 3.1 (part), 1987)

17.12.1520 Truck stop.

   A.   “Truck stop” means a facility for the servicing of diesel powered trucks and tractor trailers. A truck stop shall mean any one or more of the following:
   1.   Four or more diesel fuel dispensers;
   2.   Two or more bays for truck washing;
   3.   Facilities for diesel engine repair.
   B.   Other uses present at the same facility such as convenience markets or restaurants shall not be determinative of whether or not the facility is a truck stop.
(Ord. 1178 § 3.1 (part), 1987)

17.12.1530 Truck washing establishment.

   “Truck washing establishment” means a facility designed to primarily serve to semitrailer and tractor travel as a place to have such vehicles cleaned.
(Ord. 1178 § 3.1 (part), 1987)

17.12.1540 Use.

   “Use” means the employment or occupation of a building, structure or land for a person's service, benefit, or enjoyment.
(Ord. 1178 § 3.1 (part), 1987)

17.12.1550 Use, accessory.

   See Section 17.12.020.
(Ord. 1178 § 3.1 (part), 1987)

17.12.1560 Use, conditionally permitted.

   “Use, conditionally permitted” means either a public or private use as listed herein which, because of its unique characteristics, cannot be properly classified as a permitted use in a particular district. After consideration in each case of the impact of such use upon neighboring land and of the public need for the particular use at the particular location, a permit for such conditional use may or may not be granted, with or without conditions, in addition to any condition specifically stated in this title for any particular conditional use, including time limits, pursuant to the requirements of this title. A  conditional use may be a principal use or an accessory use.
(Ord. 1178 § 3.1 (part), 1987)

17.12.1570 Use, nonconforming.

   “Use, nonconforming” means an existing use of land or building which was legal prior to the effective date of this title but which fails to comply with the requirements set forth in this title applicable to the zone in which such use is located.
(Ord. 1178 § 3.1 (part), 1987)

17.12.1580 Use, permitted.

   “Use, permitted” means a use which is lawfully established in a particular district or districts and which conforms with all requirements, regulations, and performance standards of such district. A permitted use may be a principal use or an accessory use.
(Ord. 1178 § 3.1 (part), 1987)

17.12.1590 Use, principal.

   “Use, principal” means a use or structure which determines the predominant or major use of the lot on which it is located. The principal use shall be that use which establishes the character of the property relative to surrounding or adjacent properties. A principal use may be either a permitted or a conditional use.
(Ord. 1178 § 3.1 (part), 1987)

17.12.1600 Use, temporary.

   “Use, temporary” means a use established for a fixed period of time with the intent to discontinue such use upon the expiration of the time period.
(Ord. 1178 § 3.1 (part), 1987)

17.12.1610 Variance.

   “Variance” means a modification or variation of the provisions of this title as applied to a specific piece of property. Dimensional variances only may be allowed; no variance regarding use of property shall be permitted; no variance decreasing lot area requirements shall be allowed. Variance may be permitted only by the board of adjustment.
(Ord. 1178 § 3.1 (part), 1987)

17.12.1620 Variance, dimensional.

   “Variance, dimensional” means departure from the terms of the zoning regulations pertaining to height or width of structures and size of yard and open spaces where such departure will not be contrary to the public interest and where, owing to conditions peculiar to the property because of its size, shape or topography, and not as a result of the action of the applicant, the literal enforcement of the zoning regulations would result in unnecessary and undue hardship.
(Ord. 1178 § 3.1 (part), 1987)

17.12.1630 Warehouse.

   “Warehouse” means an enclosed building designed and used primarily for the storage of goods and materials.
(Ord. 1178 § 3.1 (part), 1987)

17.12.1645 Wireless telecommunication facilities.

   “Wireless telecommunication facilities” means any facility or structure used for the reception or transmission of radio, telephone, television or similar-type signals. Included in this definition are transmission and reception towers of commercial and private radio and television broadcasting and re- broadcasting stations, cable television facilities, cellular and other telephone facilities, paging and personal communication facilities, and public and private utility facilities including attachments.
(Ord. 1397.17.14 § I, 1996)

17.12.1650 Wrecking yard.

   “Wrecking yard” means a place, lot or area where the primary function is that of dismantling, storage, abandonment or sale of goods and materials as parts or scraps.
(Ord. 1178 § 3.1 (part), 1987)

17.12.1660 Yard.

   “Yard” means a space on the same lot with a principal building, which is open and unoccupied other than by steps, walks, terraces, driveways, lamp posts and similar structures, and unobstructed by structures, except as otherwise provided in this title.
(Ord. 1178 § 3.1 (part), 1987)

17.12.1670 Yard, corner side.

   “Yard, corner side” means a yard on a corner lot the area of which is bounded by a line extending from the front of the principal building (the front building line) to a point intersecting the side street right-of-way line (side lot line), then along the side lot line to a point intersecting the rear lot line, then along the rear lot line to a point intersecting the line formed by extending the wall of the nearest principal building paralleling the side lot line.
(Ord. 1178 § 3.1 (part), 1987)

17.12.1680 Yard, front.

   “Yard, front” means a yard extending across the full width of the lot between two side lot lines the depth of which is the least distance between the street right-of-way and the front building line.
(Ord. 1178 § 3.1 (part), 1987)

17.12.1690 Yard, rear.

   “Yard, rear” means a yard extending across the full width of the lot between the two side lot lines and between the rear line and a parallel line tangent to the rear of the principal building and the depth of which is the least distance between the rear lot line and the parallel line.
(Ord. 1178 § 3.1 (part), 1987)

17.12.1700 Yard, side.

   “Yard, side” means a yard extending between the front building line and the rear building line, the width of which is the least distance between the side lot line and the nearest part of the principal building.
(Ord. 1178 § 3.1 (part), 1987)