For the purpose of this Code, certain words, terms and phrases are hereby defined as set forth below. The word "building" shall include the word "structure" and the word "lot" shall include the word "plot."

Accessory building: One (1) detached building which is subordinate and customarily incidental to and on the same lot with a main building, accessory buildings may include structures such as but not limited to a private garage, workshop, or guest quarter. Greenhouses and/or hydroponic houses for hobby purposes shall be excluded for this definition.

Accessory dwelling unit: A self-contained living unit that is on the same lot or parcel as a single-family dwelling of greater square footage than the accessory dwelling unit, that includes its own sleeping, sanitation, and kitchen facilities.

Acreage, gross: The acreage within the perimeter of a development tract, plus one-half (½) of the right-of-way of all adjoining streets and alleys.

Adult: A person who has attained the age of eighteen (18) years.

Adult bookstore: A commercial establishment:

(a) Which, as one (1) of its principal business purposes, offers for sale or rental, for any form of consideration, books, magazines, periodicals, or other printed matter that depict or describe "specified sexual activities" or "specified anatomical areas"; or

(b) Which offers for sale or rental instruments, devices, or paraphernalia that are designed for use in connection with "specified sexual activities" excluding condoms and other birth control and disease prevention products; or

(c) Which regularly excludes all minors from the premises or a section thereof because of the sexually explicit nature of the items sold, rented or displayed therein.

Adult care home: (Repealed by Ord. No. 4513, § I, 11-8-13)

Adult live entertainment establishment: (Repealed by Ord. No. 2413, § 1.A, 11-18-93)

Adult service: A dance, performance or other activity, including, but not limited to, service of food or beverages, modeling, posing, wrestling, singing, reading, talking, or listening conducted for any consideration in an adult service business by a person who is nude during all or part of the time that the person is providing the service. (Ord. No. 2413, § 1.C, 11-18-93)

Adult service business: A commercial establishment where any adult service is provided to patrons in the regular course of business and as one (1) of the principal business purposes of the establishment.

Adult theatre: (Repealed by Ord. No. 2413, § 1.A, 11-18-93)

Adult video facility: A commercial establishment where, for any consideration, films, motion pictures, video cassette projections, slides, photographs or other visual media characterized by depiction of "specified sexual activities" or "specified anatomical areas" are shown in the regular course of business and as a principal business purpose of the establishment. "Adult video facility" does not include a theater where all viewing occurs in a common area with seating for fifty (50) or more persons.

Airport-related definitions:

a. Airport: A parcel of land designed and set aside for the operation, servicing, maintenance, and sale of aircraft.

b. Airport noise, accidental potential and clear zone map: Means a map detailing specific airport noise and accidental potential overlay areas and clear zone areas and is hereby incorporated by this reference and is a part of the official zoning code of the City of Chandler for the purpose of establishing various land uses and design criteria within the airport impact overlay district, and is available in the Office of the Airport Manager and of the Planning Director.

c. Airport noise overlay area one (1) (ANO-1): Means the area between the sixty-Ldn and sixty-five-Ldn noise contour lines developed by the application of day-night average sound level methodology of sound measurement (Ldn).

d. Airport noise and accident potential overlay area two (2) (ANO-2): Means the area between the sixty-five-Ldn and seventy-Ldn noise contour lines developed by the application of day-night average sound level methodology of sound measurement (Ldn).

e. Airport noise and accident potential overlay area three (3) (ANO-3): Means the area between the seventy-Ldn and seventy-five-Ldn noise contour lines developed by the application of day-night average sound level methodology of sound measurement (Ldn).

f. Clear zone: Means an area on either side of an extension of the centerline of a runway beginning at a line two hundred (200) feet from the end of a runway and, for Runway 4L-22R of the Chandler Municipal Airport: two hundred fifty (250) feet wide and flaring outward to a width of four hundred fifty (450) feet at a distance of one thousand (1,000) feet; for Runway 4R-22L of the Chandler Municipal Airport: five hundred (500) feet wide and flaring outward to a width of one thousand ten (1,010) feet at a distance of one thousand seven hundred (1,700) feet; for Runway 35-17 of the Stellar Airpark: two hundred fifty (250) feet wide and flaring outward to a width of four hundred fifty (450) feet at a distance of one thousand (1,000) feet.

g. Day-night sound level contour, Ldn: Is a computed noise which uses sound exposure levels (SEL) which is computed by numerically integrating the sound pressure level versus the time history of each operation measured. This data is then converted to Ldn by taking the energy average SEL at reference measurement points for all aircraft.

The Ldn concept defines the day-night level as a series of hourly noise levels for a given day, weighted for time of occurrence. Residential uses are not normally acceptable in areas with Ldn sixty (60) or greater unless the residences are properly sound attenuated. Mobile homes and recreational vehicles cannot normally be sound attenuated.

h. Decibel: Means the physical unit commonly used to describe noise levels.

i. High noise levels: Means sound levels which equal or exceed that within the sixty-Ldn noise contour line developed by the application of the day-night average sound level methodology of sound measurement (Ldn).

j. Principally permitted use or structure: A use or structure which determines the primary or predominant use of the lot on which it is located.

Alley: A public thoroughfare which affords only a secondary means of access to abutting property.

Major alley: Twenty (20) feet in width serving multifamily residential, commercial and industrial developments.

Minor alley: Sixteen (16) feet in width serving single- and two-family residential development.

Apartment house: Any building, or portion thereof, which is designed, built, rented, leased, let, or hired out to be occupied, or which is occupied as the home or residence of three (3) or more families living independently of each other and doing their own cooking in the said building, and shall include flats and apartments. (See "dwelling, multiple")

Area Plan: A plan that is more specific than the General Plan, and which is designed to help implement the goals, policies, and strategies of the General Plan for specific defined areas. Area plans may contain a mix of uses such as commercial (retail, offices), residential (single-family and multi-family) and public facilities (parks). Area plans may also include broad goals, objectives and policies for specific areas that are appropriate for inclusion in the General Plan. Written notification of an Area Plan shall comply with the standards described in Section 35-2601.2 of Article XXVI.

Autonomous vehicle: A motor vehicle that performs all driving functions under all conditions without a human operator.

Bar: Any establishment operating under a series 6 bar license and selling spirituous beverage to the public.

Basement: That portion of a building between floor and ceiling, which is partly below and partly above grade (as defined in this chapter) but so located that the vertical distance from grade to the floor below is less than the vertical distance from grade to ceiling. (See "story")

Boardinghouse: A building where, for compensation and by pre-arrangement for definite periods, meals, or lodging and meals, are provided for three (3) or more persons, but not exceeding twenty (20) persons.

Building: Any structure used or intended for supporting or sheltering any use or occupancy.

Building height: The vertical distance above "grade" as defined herein to the highest point of the coping of flat roof or to the deck line of a mansard roof or to the average height of the highest gable of a pitched or hipped roof. The measurement may be taken from the highest adjoining sidewalk or ground surface within a five-foot horizontal distance of the exterior wall of the building, when such sidewalk or ground surface is not more than ten (10) feet above grade. The height of a stepped or terraced building is the maximum height of any segment of the building.

Building setback line: The line indicated by the minimum permitted horizontal distance between the street right-of-way and building(s) or any projections thereof, other than steps, eaves, chimneys, bay windows and fire escapes.

Bulk plant: Property where flammable, combustible and toxic liquids are received by tank vessel, pipelines, tank car, or tank vehicle and are stored or blended in bulk for the purpose of distributing such liquids by tank vessel, pipeline, tank car, tank vehicle or container.

Camper: A mobile living unit designed to be mounted upon and conveyed by another vehicle. No camper unit shall be occupied within the City of Chandler except as provided in Article XI of this Code.

Carport: A roofed structure with two (2) or more open sides under which a vehicle may be driven.

Cellar: That portion of a building between floor and ceiling which is wholly or partly below grade (as defined in this section) and so located that the vertical distance from grade to the floor below is equal to or greater than the vertical distance from grade to ceiling. (See "story")

Chicken coop: A small structure that is used as a cage or housing enclosure for chickens. A chicken coop includes any "chicken run" or attached enclosure in which chickens are allowed to roam. A chicken coop exceeding one hundred twenty (120) square feet in size or seven (7) feet in height requires a building permit and is considered an accessory building for purposes of this chapter.

Clear zone: Means an area on either side of an extension of the centerline of a runway beginning at a line two hundred (200) feet from the end of a runway and, for Runway 4L-22R of the Chandler Municipal Airport: two hundred fifty (250) feet wide and flaring outward to a width of four hundred fifty (450) feet at a distance of one thousand (1,000) feet; for Runway 4R-22L of the Chandler Municipal Airport: five hundred (500) feet wide and flaring outward to a width of one thousand ten (1,010) feet at a distance of one thousand seven hundred (1,700) feet; for Runway 35-17 of the Stellar Airport: two hundred fifty (250) feet wide and flaring outward to a width of four hundred (450) feet at a distance of one thousand (1,000) feet.

Cluster housing: Any type of dwelling units located in a planned development which are constructed on lots or a site having an area less than required by the district regulations and sharing common approved open space. The overall density of housing units for such developments is in compliance with the district regulations.

Condominium: An estate of real property consisting of an undivided interest in common in a portion of a parcel of real property together with a separate interest in air space in a residential, industrial or commercial building on such real property, such as an apartment, office or store.

Convalescent home: Includes rest homes, nursing homes, convalescent homes for children, and homes providing chronic and convalescent care.

Court: A space, open and unobstructed to the sky, located at or above grade level on a lot and bounded on three (3) or more sides by walls of a building.

Data center: A facility or portion of a facility housing networked computer systems and telecommunications equipment used for remote storage, processing, and distribution of data.

Day-night sound level contour (Ldn): Is a computed noise which uses sound exposure levels (SEL) which is computed by numerically integrating the sound pressure level versus the time history of each operation measured. This data is then converted to Ldn by taking the energy average SEL at reference measurement points for all aircraft. The Ldn methodology defines the day-night level as a series of hourly noise levels for a given day, weighted for time of occurrence.

Decibel: Means the physical unit commonly used to describe noise levels.

Density, gross: Gross acreage divided into the number of units, lots or spaces.

Density, net: Net acreage, excluding arterial and collector street rights-of-way, divided into the number of units, lots or spaces.

Disability: A physical or mental impairment that substantially limits one (1) or more major life activities, a history or record of such an impairment, or the perception by others as having such an impairment.

District: Any area indicated on zoning map for specific uses for which certain regulations relative to height, area, etc., apply.

Dustfree: Shall mean the property is maintained dustfree by paving with one (1) of the following methods: (1) asphaltic concrete, (2) portland cement concrete, (3) a penetration treatment of asphaltic material and a seal coat of asphaltic binder and mineral aggregate, or (4) the equivalent of the above as approved by the Department of Public Works.

Dwelling: Any building or any portion thereof which is not an "apartment house," "lodging house" or a "hotel" as defined in this Code, which contains one (1) or two (2) "dwelling units" or "guest rooms," used, intended or designed to be built, used, rented, leased, let, or hired out to be occupied, or which are occupied for living purposes.

Dwelling, single-family: A building designed for occupancy by one (1) family.

Dwelling, two-family: A building designed for occupancy by two (2) families.

Dwelling, multiple: A building or portion thereof designed for occupancy by three (3) or more families.

Dwelling, townhouse: Building that has not less than three (3) nor more than eight (8) single-family housekeeping units erected in row as a single building, on adjoining lots, each being separated from the adjoining unit or units by an approved masonry party wall or walls extending from ground floor to roof along a dividing lot line, and each such building being separated from other buildings by required yard areas.

Dwelling unit: A single unit providing complete, independent living facilities for one (1) or more persons including permanent provisions for living, sleeping, eating, cooking and sanitation.

Edible food product: A substance, beverage, or ingredient used or intended for use or for sale in whole or in part for human consumption.

Elderly care housing: Single or multiple dwellings intended solely for occupancy and use by senior citizens who require or choose a residential community environment providing limited/special care, amenities and features associated with the needs and lifestyles of the elderly. May comprise part of a project providing intensive or congregate care. Incorporation of features such as those enumerated below will be indicative of the project's suitability as elderly care housing; prior to approval, the approving authority shall make finding that in their opinion there are sufficient such features for the project to be considered elderly care housing:

(1) Accessible central dining area(s);

(2) Recreation coordinator/program;

(3) Association access (by van available, etc.);

(4) Ramps and/or elevators;

(5) Electric appliances with safety features;

(6) Wide doors;

(7) Nonskid floors, tubs, walkways;

(8) Central heating with individual controls;

(9) Handle-type knobs;

(10) Emergency signal to central location/911;

(11) Grab bars-toilets, tubs, etc.;

(12) Cable T.V.;

(13) Braille signage;

(14) Library;

(15) Street furniture;

(16) Occupancy restrictions;

(17) Applicable licensing;

(18) Sprinkler systems (indoor);

(19) Electrical outlets elevated;

(20) Laundry service;

(21) Physician/nurse on call;

(22) Security;

(23) Housekeeping available;

(24) Private garden space;

(25) Common open space for walking and passive recreation, including walkways, benches for seating, and shade;

(26) Any other feature lending to the convenience, safety, character, function, or identity of the elderly care housing community. All common facilities shall be located within two hundred (200) feet for seventy-five (75) percent of the dwelling units.

Due to decreased impact on infrastructure, density can be increased fifty (50) percent over what is prescribed by the governing district.

Entertainment activity: Live musical performances, disc jockeys, karaoke, dancing, and similar activity. This definition excludes establishments that provide other types of entertainment activity as the principal use such as a cinema, a performing arts theater, amusement arcade, bowling alley, skating rink, or recreational assembly uses for families and/or children.

Family: One (1) or more persons living together as a single housekeeping unit in a dwelling unit.

Farmer's roadside stand: Any building or structure used for the sale of articles grown or produced on the property.

Farming: Commercial agricultural uses in general and especially crop, dairy, stock and poultry farming; commercial greenhouses on three (3) acres or more.

Film production studio: A building or space used for the purpose of making film productions. Pornographic film production depicting specified sexual activities shall be prohibited.

Fixed base operator: A person, firm or corporation subject to the provisions of a lease engaging in more than two (2) of the following:

(a) The sales, service, exchange, renting, and leasing of:

(1) New and used aircraft;

(2) Aircraft parts, accessories and hardware;

(b) The repair, overhaul, maintenance, and alteration or modification of general aviation aircraft and/or aircraft equipment under the provisions of FAA approved guidelines;

(c) The provisions of an FAA pilot flight and ground school training; and

(d) Charter flight services, which may include aerial photography, advertising, map making, and crop dusting services.

Foundation line: "Foundation line" is defined as the outer perimeter of the base of a structure or building. In the case of a cantilever roof carport or similar building or structure not having an actual base, the base will be the perimeter as measured from two (2) feet inside of the edge of the roof of such building or structure.

Front of lot: The front boundary line of a lot bordering on the street, and in the case of a corner lot, may be either frontage.

Frontage: All property on one (1) side of a street between two (2) intersecting streets (crossing or terminating) measured along the line of the street or, if the street is dead end, then all of the property abutting on one (1) side between an intersecting street or the dead end of the street, including property fronting on a cul-de-sac.

Garage: A building or portion thereof in which a motor vehicle containing gasoline, distillate, or other volatile, flammable liquid in its tank is stored, repaired or kept.

Garage, private: A building, or a portion of a building designed primarily for the storage of motor-driven and/or recreational vehicles by the occupants of the buildings on the premises.

Garage, service: A building or portion thereof, other than a private or storage garage, designed or used for servicing, repairing, equipping, hiring, selling or storing motor-driven vehicles.

Garage, storage: A building or portion thereof designed or used exclusively for housing motor-driven vehicles and/or recreational vehicles.

General aviation specialty shop: Two (2) or less of the following types of commercial activities:

(a) Aircraft radio and accessories shop is a person, firm, or corporation engaged in aircraft radio business, including sales, service, repair, exchange and installation of new and/or used aircraft radio equipment and parts which operate in accordance with FAA guidelines.

(b) Aircraft instrument and accessories shop is a person, firm, or corporation engaged in aircraft instrumentation business, including sales, repair, exchange, and installation of new/or used aircraft instruments and parts which operate in accordance with FAA guidelines.

(c) Flight school operator is a person, firm, or corporation engaged in a flight training school, limited to dual and solo flight training in fixed- or rotary-wing aircraft and such related ground school instruction as is necessary to prepare a student pilot to take a written examination and flight check ride for a pilot's license or appropriate aircraft rating from the Federal Aviation Administration, or its designee.

(d) Aircraft and aircraft parts wholesale is a person, firm, or corporation engaged in the business of buying, selling and/or exchanging aircraft, aircraft parts, accessories, and hardware for other than retail trade.

(e) Aircraft upholstery shop is a person, firm, or corporation engaged in the business of installing, replacing, and modifying or repairing aircraft interior upholstery and furnishings which operates in accordance with FAA guidelines.

(f) Aircraft maintenance shop is a person, firm, or corporation engaged in the business of providing routine repair, overhaul, modification, and alteration and preventive maintenance for general aviation aircraft which operates in accordance with FAA guidelines.

(g) Used aircraft sales operator is a person, firm, or corporation engaged in the business of buying, selling, and exchanging of used general aviation aircraft.

(h) Air taxi operator is a person, firm, or corporation engaged directly in air transportation of passengers and/or property subject to the provisions of part 135 of the Federal Aviation Regulations and holding a Certificate of Public Convenience and Necessity issued by the Arizona Corporation Commission.

Grade (adjacent ground elevation): The lowest point of elevation of the finished surface of the ground, paving or sidewalk within the area between the building and the property line, or when the property line is more than five (5) feet from the building, between the building and a line five (5) feet from the building.

Group home: A residential dwelling unit for a group of no more than five (5) unrelated non-transient persons, excluding staff, who do not have a disability, and are not living together as a single housekeeping unit. Group home facilities may or may not be licensed by the state or another governmental authority. This definition shall not include group homes for the developmentally disabled nor adult foster care homes as specifically defined and provided for by the Arizona Revised Statutes.

Guest quarters: A detached building that is on the same lot or parcel as a single-family dwelling of greater square footage than the guest quarters, which may include its own sleeping and sanitation facilities.

Guest room: Any room or rooms used or intended to be used by a guest for sleeping purposes. Every one hundred (100) square feet of superficial floor area in a dormitory shall be considered to be a guest room.

Heliport: An area of land or water or a structural surface which is used, or intended for use, for the landing and takeoff of helicopters, and any appurtenant areas which are used, or intended for use, for heliport buildings and other heliport facilities.

High noise levels: Means sound levels which equal or exceed that within the fifty-five-Ldn noise contour line developed by the application of the day-night average sound level methodology of sound measurement (Ldn).

Home occupation: A business or profession conducted in a dwelling unit or accessory building within a residential district in accordance with state and local regulations.

Hospital: Unless otherwise specified, the term "hospital" shall include "sanitarium," "preventorium," "clinic," "maternity home" or "rest home" and shall be deemed to mean a place for treatment or other care of human ailments.

Hotel: Any building containing six (6) or more guest rooms intended or designed to be used, or which are used, rented or hired out to be occupied, or which are occupied for sleeping purposes by guests.

Infusion or infuse: The act or process of mixing, blending, combining, or otherwise admixing medical marijuana or the active ingredients of medical marijuana into an edible food product.

Infusion food establishment: A food processing or other food establishment of any type or size, not operated by a medical marijuana dispensary and not located at a medical marijuana facility or a medical marijuana cultivation site, but may be located on the same premises or within the same building as its affiliated medical marijuana facility or medical marijuana cultivation site operating under the same Arizona Department of Health Services approved license and upon approval of a use permit and which is permitted under Arizona State Law to contract with and does provide to a medical marijuana dispensary edible food products infused with medical marijuana.

In-home day care: An accessory use of a single-family residential dwelling, done by the person primarily using the dwelling as the person's dwelling unit, and which involves the providing of child care, on a regular or irregular basis, whether or not for compensation, for periods of less than twenty-four (24) hours per day, for not more than four (4) children through the age of twelve (12) years.

Institution: A building or buildings occupied by a nonprofit corporation or a nonprofit establishment for public use.

Intensity of lot use: "Intensity of lot use" is defined as that portion of a lot or parcel of land which is covered by, or may be covered by, a building or structure, excluding the allowable two-foot overhang.

Junkyard means any land used for storage or for sale of scrap metal, waste paper, rags, non-operated vehicles or other junk materials and including noncommercial storage of non-operating and non-driveable motor vehicles, dismantling or storage of such vehicles or parts thereof, or used machinery, and regardless of whether repair or any other type of commercial operation occurs, but excluding scrap for use in manufacturing processes on the premises, or waste materials resulting from manufacturing processes, or resulting from the construction or elimination of facilities for such processes.

Landscaped area: An area including living plants, astro turf, walkways, ponds, fountains, sculpture and other organic and inorganic materials used for creating an attractive appearance and void of asphaltic or concrete pavement.

Large single use retail: Any single use building, whether stand alone or within a multi-building development, wherein said single use building occupies at least one hundred fifty thousand (150,000) 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 sale of cars, trucks, boats, recreational vehicles, or manufactured dwellings. For the purposes of this definition, calculation of such building coverage 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 use retail operator, whether or not such area(s) are under the same management as the large single use retail operator.

Ldn: Means the day-night sound level.

Loading space: A permanently maintained space on the same lot as the main building accessible to a street or alley and not less than ten (10) feet in width, twenty (20) feet in length and fourteen (14) feet in height.

Lodging house: Any building or portion thereof, containing not more than five (5) guest rooms which are used by not more than five (5) guests where rent is paid in money, goods, labor or otherwise. A lodging house shall comply with all requirements of this Code for dwellings.

Lot: A piece or parcel of land separated from other pieces of parcels by description, as in a subdivision or on a record survey map or by metes and bounds, for purposes of sale, lease or separate use, and having frontage on at least one (1) street.

Lot area: The area of the lot, not including any area in a public way.

Lot area, net: Shall mean the area included within lot lines after all right-of-way dedications have been made as required by the Code of the City of Chandler.

Lot, corner: A lot with frontage on two (2) or more intersecting streets.

Lot, depth of: The mean horizontal distance between the front and rear lot lines.

Lot, through (double frontage): A lot having frontage of two (2) or more nonintersecting public streets.

Lot, interior: A lot other than a corner lot.

Lot, key: A lot adjacent to a corner lot, having its side lot line adjacent to the rear lot line of the corner lot and facing on the street which forms the side boundary of the corner lot.

Lot lines: The lines bounding a lot.

Lot of record: A lot which is part of subdivision, the plat of which has been recorded in the Office of the Clerk of Maricopa County Recorder's Office, or parcel of land, the deed of which is recorded in the Office of the County Recorder.

Lot width: The lot width shall be measured along a line which is parallel or tangent to the front property line, connecting two (2) points on the side lot lines which are located thirty (30) feet from the front lot corners.

Medical marijuana: All parts of any plant of the genus cannabis whether growing or not, and the seeds of such plant, used to treat or alleviate a debilitating medical condition or the symptoms associated with the debilitating medical condition of a person who is registered with and identified by the Arizona State Department of Health Services as a registered qualifying patient.

Medical marijuana dispensary: A not-for-profit entity registered with and approved to operate by the Arizona State Department of Health Services that acquires, possesses, cultivates, manufactures, delivers, transfers, transports, supplies, sells, or dispenses medical marijuana or related supplies and educational materials to cardholders, as that term is defined in A.R.S. Section 36-2801.

Medical marijuana facility: The physical location from which a medical marijuana dispensary operates to acquire, possess, supply, sell, or dispense in any manner or form medical marijuana or related supplies and educational materials to cardholders, as that term is defined in A.R.S. Section 36-2801. A medical marijuana facility also includes a recreational marijuana retail establishment that sells marijuana and marijuana products to adults for non-medicinal recreational use provided the recreational marijuana retail establishment operates at a single shared location with a medical marijuana dispensary. A medical marijuana facility cannot serve as a medical marijuana cultivation site, but may be located on the same premises or within the same building as its affiliated medical marijuana cultivation site and/or infusion food establishment operating under the same Arizona Department of Health Services approved license and upon the approval of a use permit.

Medical marijuana cultivation site: The physical location from which a medical marijuana dispensary operates to grow, cultivate, manufacture, infuse, or store medical marijuana, or from which it delivers, transfers, transports, or supplies medical marijuana to another medical marijuana facility or cultivation site. A medical marijuana cultivation site cannot serve as a medical marijuana facility, but may be located on the same premises or within the same building as its affiliated medical marijuana facility or infusion food establishment operating under the same Arizona Department of Health Services approved license and upon approval of a use permit.

Metal buildings: Any premanufactured structure with exterior walls of corrugated or ribbed metal panels.

Mid-rise development: Any building(s) having a height greater than fifty-five (55) feet as measured from grade, exclusive of any penthouse built on the roof for the sole purpose of housing the mechanical equipment used in the building, and which does not have a height exception under section 35-2202 of this Code.

Mobile home: A dwelling unit, factory-built and factory-assembled, designed for conveyance, after fabrication, on streets and highways on its own wheels or on flatbed or other trailers and arriving at the site where it is to be occupied as a dwelling unit complete and ready for occupancy, except for minor and incidental unpacking and assembly operations such as locating on jacks or other foundation, or connection to utilities. A prefabricated home or structure shall not be included in [this] definition.

Mobile home park: Any lot, tract or parcel of land used or offered for use in whole or part with or without charge for parking of mobile homes used for living or sleeping purposes.

Mobile home space: A plot of ground within a mobile home park designed for the accommodation of one (1) mobile home.

Mobile home subdivision: A subdivision designed and intended for residential use where residence is in mobile homes, exclusively.

Modular housing: Any type of dwelling unit, excluding mobile homes, which may or may not be partially fabricated off the site and delivered to the building site for final assembling and construction. The construction of dwelling units must comply with all applicable building codes and inspections.

Motel: See "hotel" as defined in this Code.

Motor home: Any motor vehicle designed as a self-contained mobile living unit. No such vehicle shall be occupied within the City of Chandler except as provided for by Article XI of this Code.

Motor vehicle: An automobile, truck, bus or similar motor-driven conveyance.

Neighborhood Organizations, Registered: An organization located within the corporate limits of the City of Chandler that is associated with a specific subdivision, and which may be tasked with the enforcement of Covenants, Conditions and Restrictions for the subdivision, or organized for other purposes, and which have registered with the Neighborhood Program Coordinator.

Noise level reduction (NLR): Means the difference in decibels of the noise level from outside to inside of a building, wherein such reduction depends primarily upon the construction and materials used in the walls, windows, ceilings, doors and vents of the building.

Nonconforming use: Any building or land lawfully occupied by a use at the time of adoption of this Code or amendment thereto which does not conform after the adoption of this Code or amendment thereto with the use regulations of the district in which located.

Nude: Without opaque non-flesh-colored fabric fully covering the cleft of the buttocks, anus, pubic region, male genitals, female genitals, and female breasts below the top of the areola.

Open-air ramada: A detached accessory building or structure open on the sides and supporting a roof or lattice-type cover, primarily for the purpose of providing shade in conjunction with a recreational activity, such as a swimming pool, jacuzzi, or sitting area.

Open dump: Any land publicly or privately owned, other than an approved sanitary landfill, on which there is a deposit and accumulation, either temporary or permanent, or any kind of organic or inorganic refuse, including but not limited to waste materials, waste products, wastepaper, garbage, empty cans, broken glass, rags, etc., but excluding scrap or materials for use in manufacturing processes on the premises.

Open space: Land provided in subdivisions and other developments which is necessary and desirable for recreational needs of residents of the neighborhood. Such space may be in the form of school-recreational centers, small parks, landscape areas, bikeways, stormwater retention areas, pathways or special street center islands.

Space which can be enjoyed by people. This could include landscape plazas, grass, trees, fountains, sitting areas, etc., and is meant to provide an open garden atmosphere. Open space does not include parking areas, vacant or undeveloped lots. Entrance and/or exit drives may penetrate the open space areas. Open space also provides a landscape setting for all buildings or structures on a lot.

Outside display: Any storage or display of merchandise, equipment, material, etc., which is located within a required setback area and not within or enclosed by a solid fence or masonry wall six (6) feet in height shall constitute an outside display.

Owner: Any person, agent, firm or corporation having a legal or equitable interest in the property.

Parking lot, permanent: A parcel of land improved in accordance with city standards and used for off-street parking purposes.

Parking lot, temporary: A parcel of land to be used for off-street parking purposes. Such use shall be temporary in nature as provided in Article XVIII, section 35-1801.

Parking space (off-street): A dust-free surfaced area, enclosed or unenclosed, providing for the storage and circulation of vehicles and for proper and safe ingress and egress thereto.

Patron: A person invited or permitted to enter and remain upon the premises of a sexually oriented business, whether or not for a consideration.

Planning and Zoning Commission: The duly appointed Commission authorized by this Code and appointed by the City Council.

Porch: A covered but unenclosed projection from the main wall of a building which may or may not utilize columns or other ground supports for structural purposes.

Principally permitted use or structure: A use or structure which determines the primary or predominant use of the lot on which it is located.

Related supplies: Any equipment, product, or material of any kind that is primarily intended or designed for the purpose of assisting a person who is registered with and identified by the Arizona State Department of Health Services as a registered qualifying patient in smoking or otherwise consuming medical marijuana.

Residential care home: A residential dwelling unit for a group of no more than five (5) unrelated persons, excluding staff, who are not living together as a single housekeeping unit and in which every person residing in the facility (excluding the service provider, members of the service provider's family, or persons employed as facility staff) is an individual with a disability. Residential care home service providers may or may not be licensed by the state or another governmental authority. This definition shall not include group homes for developmentally disabled nor adult foster care homes as specifically defined and provided for by the Arizona Revised Statutes.

Residential child care: A single-family residential dwelling that is primarily used by the owner or party in legal possession as that person's principal dwelling unit, but which is also used by that person for an accessory use, namely, childcare and/or academic training for children, including pre-school, regularly provided for compensation, for periods of less than twenty-four (24) hours per day, for at least five (5) children but not more than ten (10) children, through the age of twelve (12) years.

Ride sharing: An arrangement in which a passenger shares a non-public-transit motor vehicle with one or more other passengers to travel from one location to another.

Riding stable: A building and land where horses are boarded or kept for hire.

Rooming house: A dwelling, other than a hotel or motel, where two (2) or more rooms are rented.

Runway: Means a designated surface of land designated, paved and used at an airport for the landing and takeoff of aircraft.

School or college: Unless otherwise specified, any private or public place where general education instruction is offered on-site for any length of time, and does not include dancing schools, riding academies, or trade or specialized vocational schools.

Screened/screening: The concealment of unattractive land uses, such as storage areas or parking lots, from the public eye through the installation of landscaping, walls, fences, earth berms, or other devices as specified by the Zoning Code. Chain-link fencing with slats, vegetation or other material shall not be considered as screening under this definition.

Service station: A place of business engaged primarily in the retail sale of motor fuels and oils and in supplying goods and services generally required in the operation and maintenance of automotive vehicles. These may include sale of petroleum products; sale and servicing of tires, batteries, automotive accessories and replacement items; washing and lubrication services; the performance of minor automotive maintenance and repair; and the supplying of other incidental customer services and products directly related to the automotive vehicle. Painting, body and fender work are excluded.

Sexually oriented business: An adult bookstore, an adult service business, an adult video facility, or any combination of the foregoing.

Sign: Any visual communication which is used to attract the attention of the public, when the display is visible beyond the boundaries of the property.

Single housekeeping unit: Any number of related, or up to five (5) unrelated, persons living as the functional equivalent of a traditional family, whose members are an interactive group of persons jointly occupying a single dwelling unit, including the joint use of and responsibility for common areas, and sharing household activities and responsibilities (e.g. meals, chores, household maintenance, expenses, etc.) and where, if the unit is rented, all adult residents have chosen to jointly occupy the entire premises of the dwelling unit, under a single written lease with joint use and responsibility for the premises, and the makeup of the household is determined by the residents of the dwelling unit rather than the landlord or property manager.

Specified anatomical areas: The cleft of the buttocks, anus, pubic region, male genitals, female genitals, or female breast below the top of the areola that are less than completely and opaquely covered by nonflesh-colored fabric; or human genitals in a state of sexual arousal, even if completely and opaquely covered.

Specified sexual activities: Actual or simulated sexual intercourse, masturbation, oral copulation, sodomy, flagellation, bestiality, fondling or other erotic touching of human genitals, pubic region, buttocks, anus or the female breast, or any combination of the foregoing.

Spirituous beverage: Any beer, wine, or spirituous liquor, as each of those terms is defined in A.R.S. § 4-101.

Storage shed: A subordinate structure or building used primarily for storage purposes

Story: That portion of a building included between the upper surface of any floor and the upper surface of the floor next above, except that the topmost story shall be that portion of a building included between the upper surface of the topmost floor and the ceiling or roof above. If the finished floor level directly above a basement, cellar or unused under-floor space is more than six (6) feet above grade as defined herein for more than fifty (50) percent of the total perimeter or is more than twelve (12) feet above grade as defined herein at any point, such basement, cellar or unused under-floor space shall be considered as a story.

Street: Any existing or proposed street, highway, avenue, boulevard, road, parkway, place, bridge, viaduct or easement for public vehicular access or a street shown in a plat heretofore approved pursuant to law or a street in a plat duly filed and recorded in the County Recorder's Office. A street includes all land within the street right-of-way, whether improved or unimproved, and includes such improvements as pavement, shoulders, curbs, gutters, sidewalks, parking space, bridges and viaducts.

(a) Freeway: A divided major thoroughfare having controlled access to adjoining property and designated as such on the transportation plan.

(b) Arterial street: A major street of exceptional continuity that is intended to carry the greater portion of through traffic from one (1) area of the City to another.

(i) Major arterial street: Provides continuity for the intercity travel through urban areas and serve most of the mid to long distance trips within the City.

(ii) Minor arterial streets: These typically accommodate trips of shorter length than major arterials. These facilities interconnect uses on a community level and are designated in corridors that have lower traffic demand than major arterials.

(c) Collector street: A street designed to accommodate traffic within residential neighborhoods with their primary purpose of collecting and distributing traffic to and from the arterial streets.

(d) Local street: A street which has limited continuity with the primary purpose of serving property that is adjacent to the street.

(e) Cul-de-sac: A short local street having but one (1) end open for vehicular traffic, the opposite end being terminated with a permanent turnaround.

(f) Marginal-access street (frontage road): A minor service street which parallels and is immediately adjacent to an arterial street or freeway.

Street line: A dividing line between a lot, tract or parcel of land and a contiguous street (right-of-way).

Structure: That which is built or constructed, an edifice or building of any kind, or any piece of work artificially built up or composed or parts joined together in some definite manner.

Structural alterations: Any change in the supporting members of a building, such as bearing walls or partitions, columns, beams or girders, or any complete rebuilding of the roof.

Subdivision: Improved or unimproved land or lands divided for the purpose of financing, sale or lease, whether immediate or future, into four (4) or more lots, tracts or parcels of land, or if a new street is involved, any such property which is divided into two (2) or more lots, tracts or parcels of land, or any such property, the boundaries of which have been fixed by a recorded plat, which is divided into more than two (2) parts. "Subdivision" also includes any condominium, cooperative, community apartment, townhouse or similar project containing four (4) or more parcels, in which an undivided interest in the land is coupled with the right-of-exclusive occupancy of any unit located thereon, but plats of such projects need not show the buildings or the manner in which the buildings or airspace above the property shown on the plat are to be divided.

Swimming pool: Any outside body of water, above or below ground, created by artificial means, which is designed or used for swimming or immersion purposes, any portion of which exceeds eighteen (18) inches in depth.

Transient service facility: An establishment where the principal function involves providing on-site food, clothing, shelter, employment or other related services primarily intended for transient populations with limited ability for self care, or those persons in need of counseling for employment, or those persons with personal or behavioral disabilities. The term shall include the principal assistance or service facility and all appurtenant or related establishments intended for use by the patrons of the principal facility. The term shall include homeless shelters, charity dining facilities, plasma centers, rescue missions, day labor hiring centers, and similar facilities, but shall not include State licensed care facilities such as homes for the developmentally disabled, child crisis, and domestic violence centers.

Travel trailer: A mobile home not exceeding eight (8) feet in width nor more than thirty-three (33) feet in length. No such unit shall be occupied within the City of Chandler except as provided for in Article XI of this Code.

Use: The purpose of (for) which land or building is occupied, or maintained, arranged, designed or intended.

Use, accessory: A subordinate use of building or land, customarily incident to and conducted on the same lot with the principal use.

Yard: An open, unoccupied space, other than a court, unobstructed from the ground to the sky, except where specifically provided by this Code, on the lot on which a building is situated.

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

Yard, rear: A yard extending across the full width of the lot between the rear lot line and the rear foundation wall of the principal building.

Yard, side: A yard extending from the front yard to the rear yard, between the side lot line and the side foundation wall of the principal building.

Zoning Administrator: The person appointed and responsible for the enforcement of the Zoning Code.

(Ord. No. 1197, 6-20-83, eff. 7-9-83; Ord. No. 1353, §§ I, II, 6-25-84, eff. 7-25-84; Ord. No. 1433, § I, 1-10-85; Ord. No. 1506, eff. 8-11-85; Ord. No. 1583, § I, 1-23-86; Ord. No. 1735, § 1, 1-22-87; Ord. No. 2293, § 2, 7-23-92; Ord. No. 2413, §§ 1.B, 1.C, 11-18-93; Ord. No. 2551, § 1, 4-27-95; Ord. No. 2645, § 2, 6-13-96; Ord. No. 3063, § 3, 11-18-99; Ord. No. 3240, § 1, 6-14-01; Ord. No. 3290, § 1, 8-9-01; Ord. No. 3421, § 1, 1-23-03; Ord. No. 3640, § 1, 1-13-05; Ord. No. 3802, § 1, 6-8-06; Ord. No. 4278, § 1, 2-24-11; Ord. No. 4280, § 1, 2-24-11; Ord. No. 4513, § I, 11-8-13; Ord. No. 4567, § I, 10-20-14; Ord. No. 4811, § 1, 5-10-18; Ord. No. 4846, § 2(Exh.), 12-10-18; Ord. No. 4931, § 2(Exh.), 8-13-20; Ord. No. 5033, § 1, 12-8-22; Ord. No. 5035, § 2(Exh.), 12-5-22; Ord. No. 5044, § 2(Exh.), 2-9-23; Ord. No. 5075, § 2(Exh.), 2-22-24; Ord. No. 5113, § 2(Exh.), 12-9-24)