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Clarkdale City Zoning Code

CHAPTER 2

DEFINITIONS

Section 2-010 Definitions

Access: The area within a site serving as a travel lane or the area providing access to a property. The place, means, or ways by which pedestrians, vehicles, or both shall have adequate and usable ingress/egress to a property or use.

Accessory Dwelling Unit: A dwelling that exists as part of a principal dwelling or on the same lot as the principal dwelling and is subordinate in size to the principal dwelling that may or may not contain a secondary kitchen.

Accessory Structure or Use: A use or structure that exists on the same lot with the principal use or structure and is subordinate in size and purpose to the principal use and does not contain living quarters.

Acre: A measure of forty-three thousand five hundred sixty (43,560) square feet.

Adjacent: Property abutting directly on the boundary of, touching, or sharing a common point.

Adult Establishment: Classifies establishments or activities that provide entertainment and/or goods depicting, describing, or relating to specified sexual activities or characterized by emphasis on depiction, description, or relation to specified anatomical areas.

Affordable Housing Dwelling Unit: A dwelling unit committed for a minimum thirty (30) year term as affordable, through covenants or restrictions, to households with incomes at sixty percent (60%) or less of the area median income for a family, as defined by the United States Department of Housing and Urban Development, for the jurisdiction; and where housing costs (rents, mortgages, utilities and condo, homeowners or other association fees) do not exceed thirty percent (30%) of a family’s income as verified on an annual basis.

Agricultural Tourism: The act of visiting croplands, horticulture activity for the purpose of enjoyment, education or active involvement in the croplands or horticulture that also adds to the economic viability of the croplands. Agricultural tourism may include tasting rooms, lodging, and restaurants associated with the primary agricultural use.

Agricultural Use: The practice of growing soil crops in the customary manner on at least ten (10) contiguous acres, including such customary companion activities as the raising of farm poultry and livestock, the storage and processing of soil crops, the production of eggs and dairy products, and the slaughter and processing of poultry and animals raised on the premises for use on the premises.

Agritourism Enterprise: An enterprise on croplands, conducted for the enjoyment of visitors that generates income for the owner of the crops, including on-site sales of crops.

Airport: An area of land designed and used for the landing and takeoff of aircraft, including runways, taxiways, hangars, terminals, fueling facilities, aircraft storage, maintenance facilities, and other aviation-related improvements.

Airstrip: A cleared or graded strip of land used for aircraft takeoff and landing that contains minimal aviation facilities and is smaller and less developed than an airport. An airstrip may consist of grass, dirt, gravel, or paved surface and may be privately owned or accessory to a principal use.

Alley: A public or private roadway which provides a secondary means of access to abutting property and is not intended for general traffic circulation.

Amusement and Recreation Services: Establishments engaged in providing amusement or entertainment for fee or admission charge and including such activities as dance halls, studios, theatrical productions, bands, orchestras, and other musical entertainment, bowling alleys, and billiard and pool establishments.

Animal (Veterinary) Hospital: The place where animals or pets are given medical or surgical treatment and the boarding of animals is limited to short term care incidental to the hospital use.

Animal Kennel: Any structure or premises where animals are kept, boarded, bred, trained or sold for commercial gain.

Apartment: One (1) or more rooms with a private bath and kitchen facilities comprising an independent, self-contained dwelling unit in a building containing more than four (4) dwelling units.

Assurance: A legally binding and enforceable instrument ensuring the construction of all required Infrastructure by a subdivider or developer. Assurances may be in the form of third-party land trusts, or monetary sureties such as performance bonds, escrow funds, letters of credit, or such other security as are acceptable to the Town.

As-Built Plans: Construction/engineering plans prepared after the completion of construction, by the engineer of record, in such a manner as to accurately identify and depict the location of all on-site improvements which includes, but is not limited to, all structures, parking facilities, detention/retention areas, curbs, gutters, sidewalks.

Automatic Car Wash: A structure containing facilities for washing automobiles using a chain conveyor or other method of moving the cars along and in an automatic or semi-automatic application of cleaner, brushes, rinse water and heat for drying.

Automobile Sales: The use of any building, land area, or other premises for the display and sale of new or used automobiles, panel trucks or vans, trailers, or recreation vehicles and including any warranty repair work and other repair service conducted as an accessory use.

Automobile Fueling/Service Station: Any building, land area, or other premises or portion thereof used, or intended to be used, for the retail dispensing or sales of vehicular fuels, including, as an accessory use, the sale and installation of lubricants, batteries, tires and similar accessories.

Automobile Repair Services and Garages: Establishments primarily engaged in furnishing automotive repair, rental, leasing, and parking services to the general public.

Bar: An establishment including, but not limited to, a cocktail lounge, nightclub or tavern, the main use of which is to serve spirituous liquors for on-site consumption. Such a facility may serve food, provide dancing and entertainment.

Basement: The lowest level or story which has its floor sub-grade on at least three sides with a minimum of five (5) feet below grade.

Bed and Breakfast: A small lodging establishment operated within a dwelling, in which overnight accommodations and breakfast are provided to transient guests for compensation. A bed and breakfast is typically owner-occupied, contains a limited number of guest rooms, and retains the residential character of the structure. Food service is generally limited to breakfast for registered guests and does not operate as a restaurant open to the public.

Bed and Breakfast Country Inn: A lodging establishment located in a rural or low-density setting that provides overnight accommodations and breakfast service for transient guests, containing multiple guest rooms and/or detached lodging units, and offering a greater scale of operations and amenities than a traditional bed and breakfast.

Bed and Breakfast Inn: A lodging establishment providing overnight accommodations and breakfast to guests, typically within a converted residence or similar structure and operated as a commercial use.

Bedrock: The solid, undisturbed rock in place either at the ground surface or beneath superficial deposits of gravel, sand, or soil.

Bedroom: A private room planned and intended for sleeping, separable from other rooms by a door and accessible to a bathroom without crossing another bedroom or living room.

Bicycle Parking: Parking area that is reserved for bicycles that is publicly and readily accessible, and visible, with the intention to be used for short periods of time.

Block: A usually rectangular space enclosed by streets and occupied by or intended for buildings. Parcels on opposite sides of an alley shall be considered along the same block frontage.

Boutique Business: A small-scale, specialty retail or service establishment that offers unique, artisanal or high-end goods or services, typically with an emphasis on personalized customer experience. Boutique businesses are characterized by limited floor area, low-intensity operations and a curated product or service line, and are often designed to be compatible with pedestrian-oriented commercial districts or mixed-use areas.

Brewery: A facility used for the commercial manufacture and packaging of beer or malt beverages for distribution and sale. A brewery may include brewing, fermenting, bottling, kegging, storage and related administrative functions. Accessory uses such as tasting rooms, retail sales or food service may be permitted where allowed by zoning, but the principal use is the large-scale production of beer for off-site distribution.

Brewery, Micro: A facility that produces beer in relatively small quantities, primarily for on-site sale and consumption, with limited distribution to off-site locations. A microbrewery may include accessory uses such as a tasting room, taproom, restaurant or retail sales area, provided the principal use remains the brewing of beer at a scale smaller than that of a regional or national brewery.

Broadcast Antennas, TV/HDTV/AM/FM Broadcast Facility: Broadcast antenna-supporting structures and/or towers, including replacements, which contain antennas/towers that transmit signals for television and radio communications.

Buffer: Open spaces, landscaped areas, fences, walls, berms or any combination thereof used to physically and visually separate one use or property from another in order to mitigate the impacts of noise, light or other nuisance.

Buildable Area/Envelope: The area of a lot or parcel where a building can be placed after setback from property lines, streets, buildings, or any other point identified and areas identified or dedicated for nonbuilding purposes, such as open space or driveways, are deducted.

Building: Any structure having a roof supported by columns or walls and intended for the shelter, housing or enclosure of any individual, animal, process, equipment, goods or materials of any kind.

Building Code: The current building code adopted by the Town of Clarkdale.

Building Elevation: One (1) of the exterior vertical faces of a building.

Building Front: The side of the building closest to and most nearly parallel with the street which provided access to the lot. In the case of a corner lot or through lot, either side abutting a street may be considered to be the front.

Building Height: The vertical distance of a building measured from the finished grade to the highest point of the roof, fascia, or parapet or average of the room between a pitch and the eve.

Building Line: The primary edge of a building closest to the street, side, and rear property lines, and extending from the physical edge of the building to the property lines.

Building Permit: A permit issued by the Town in conformance with the adopted building code.

Building, Principal Use: A building in which is conducted the primary or predominant use of the lot on which it is located.

Building Separation: The required separation between any two (2) buildings.

Bulk Standards: Controls which establish the maximum size of buildings and structures on a lot or parcel and the buildable area within which the structure may be placed including lot coverage, height, floor area ratio, setbacks and yard area.

Bulk Storage: Storage of material in containers or tanks in large quantities. The storage of chemicals, petroleum products, steel, wood, above ground containers, and other materials and for subsequent resale or distributors or retail dealers or outlets.

Caliper: The diameter of a tree measured four (4) feet above finished grade.

Campground: Any lot, parcel, or tract of land used, designed, maintained, and intended for rent of one (1) or more plots, sites, or areas to accommodate temporary camping by the traveling public, with or without sanitary facilities and water, whether or not a charge is made for use of the park and its facilities.

Canopy: A roof-like cover extending over an outdoor area for the purpose of sheltering individuals or equipment from the weather.

Canopy Tree: A woody plant, other than a palm tree, with a mature crown diameter of at least fifteen (15) feet and having a trunk that, at maturity, is kept clear of leaves and branches at least six (6) feet above grade.

Capital Improvement: When pertaining to government, an acquisition of real property, major construction projects or acquisition of expensive equipment expected to last a long time.

Capital Improvement Program: A timetable or schedule of all future capital improvements to be carried out during a specific period and listed in order of priority, together with cost estimates and the anticipated means of financing each project.

Car Wash: The use of a site for washing and cleaning of passenger vehicles, recreational vehicles, or other light duty equipment.

Carport: A roofed structure providing space for the parking of motor vehicles and fully open on not less than two (2) sides.

Cellar: That part of a building having less than one-half of its floor to ceiling height above the average finished grade of the adjoining ground.

Cemetery: A place used or to be used and dedicated or designated for interment of human remains or pet animal remains.

Chemical Storage Facility: A building, portion of a building, or exterior area adjacent to a building used for the storage of any chemical or chemically reactive products.

Chemical Synthesis: Production of a new particular molecule by adding to, subtracting from, or changing the structure of a precursor molecule.

Chimney: A structure containing one (1) or more flues for drawing off emissions from stationary sources of combustion.

Church: A permanently located building or group of buildings or structure wherein people regularly assemble for religious worship, and which is maintained and controlled by a religious body to sustain public worship and church related uses.

Clinic: An establishment where patients are admitted for examination and treatment on an out-patient basis by one (1), or more, physicians, dentists or other medical personnel where patients are not lodged overnight.

Club: Buildings and facilities operated by a corporation, association, or persons for social, educational or recreational purposes characterized by certain membership qualifications, payment of dues and fees, regular meetings organized by a constitution and bylaws rendering a service not customarily carried on as a business.

Cluster Development: A development design technique that concentrates buildings on a portion of the site to allow the remaining land to be used for recreation, open space or preservation of sensitive land areas.

Code: Refers to the Town of Clarkdale Zoning Code.

Commercial Property: Any property designated for commercial use within the jurisdiction.

Community Supported Agriculture (CSA): An agricultural operation or program in which consumers purchase shares or subscriptions in advance and receive periodic distributions of farm products directly from the producer, either on site or at designated distribution locations.

Compatibility: The design, arrangement and location of buildings and structures or other created or natural elements of the urban environment which are sufficiently consistent in scale, character, sitting, coloring or materials with other buildings or elements in the area, so as to avoid abrupt or severe differences.

Conditional Use: A use permitted in a particular zoning district, after a public hearing, and upon a showing that such use, in a specified location will be compatible with surrounding uses provided all required conditions of approval are met.

Condominium: A form of property ownership whereby the owner gains ownership of an interior space within a building. The building structure, the land under the building, and all of the surrounding land is commonly owned by a single owner or all the inhabitants on a proportional basis for continued maintenance and improvement.

Conformance: Generally, to comply or act in accordance or harmony with.

Consumable Products: Perishable products made, produced and/or assembled for consumption.

Convenience Store: A small retail store with a floor area of less than five thousand (5,000) square feet that sells groceries and may also sell gasoline but does not include vehicle service stations (limited or full).

Court: Open space unobstructed from the ground to the sky which is bound on two (2) or more sides by the walls of a building, or buildings, on the same lot.

Crop: Vegetables, nuts, seeds, herbs, hay and alfalfa, and fruits, including vineyards, grown as food or drink for human consumption.

Cropland: Land devoted primarily to the production of crops, tilling, raising of crops, horticulture, farm, winery, wine production, gardening and agritourism enterprises or as agricultural tourism use.

Cul-de-Sac: A street having only one (1) end open to traffic and the other being permanently terminated with a vehicular turn-around provided.

Curb: A stone or concrete boundary usually marking the edge of a roadway or paved area.

Cut: A portion of land surface from which earth has been removed or will be removed by excavation; the depth below the original ground surface.

Data Center: A facility or group of facilities primarily used to house computer systems, servers, networking equipment and associated infrastructure for the storage, processing or distribution of electronic data. This term includes supporting equipment such as backup power systems, cooling systems and security features, but does not include facilities primarily used for telecommunications towers or personal data storage.

Day Care Center: Any facility or building which day care is provided for more than eight (8) hours per week for compensation for five (5) or more children not related to the proprietor or caretaker. Even though some instruction may be offered in connection with such care, the use shall not be considered with such care, the use shall not be considered a “school” within the meaning of this code.

Day Care Facility, Adult: A home in which more than three (3) but fewer than seven (7) clients over the age of eighteen (18) receive care, maintenance and supervision by other than their relative or guardian for less than twenty-four (24) hours per day within a dwelling unit.

Day Care Home: A dwelling in which a permanent occupant provides for the care of no more than five (5) preschool age children (including the caregiver’s children). Those receiving care and not dependents of the occupant do not reside on the site. For the purpose of this chapter, such activities shall meet all requirements for home occupations.

Dedication: The transfer without payment of ownership or other interest in real property from a private entity to a public agency.

Density: The number of dwelling units per gross acre of land measured in gross area.

Density Transfer: The trading of all or part of the permitted density on a parcel to another parcel or other locations in the same PAD.

Department: An administrative unit of a municipal, county, state or federal government established to carry out specific governmental functions related to planning, zoning, development review, code enforcement or related regulatory activities. A department is typically headed by a director, manager or similar official authorized to administer and enforce adopted plans, ordinances and regulations within their assigned area of responsibility.

Design: The physical aspects of a development, road improvement, or other construction project. Design includes but is not limited to such items as street alignment, grading, landscaping, site layout, building elevations, and signing.

Design Grade: An elevation or series of elevations that provide the minimum modification of natural or existing grade that allows safe and appropriate access, drainage, and buildable areas.

Detention Pond: A pond or pool used for the temporary storage of water runoff, and which provides for the controlled release of such waters.

Developer: The person, firm, corporation or legal entity that has financial or operational control over the land-disturbing activity.

Development: Any change to improved or unimproved real estate that requires a permit or approval from any agency of the Town.

District: Any area or areas of the Town of Clarkdale, whether contiguous or not, wherein the same zoning or development standards apply.

Drainage: The outflow of water or other fluid from a site, whether by natural or artificial means.

Drainage Analysis: A review/ report of a project’s pattern of waterflow either before or after the proposed development.

Drip/Micro-Irrigation: A system of crop irrigation involving the controlled delivery of water directly to individual plants through a network of tubes or pipes, for the purpose of water conservation.

Drive-Through Facility: An establishment that dispenses products or services to patrons who remain in vehicles. Fuel sales are not included. Does not include pick up windows or drive-up ATMs.

Driveway: A private roadway located on a parcel or lot used for vehicle access.

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

Dwelling, Attached: A single-family dwelling attached in groups of two (2) or more single-family dwellings by common vertical walls.

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

Dwelling, Duplex: A building containing two (2) dwelling units.

Dwelling, Four-Plex: A building containing four (4) dwelling units.

Dwelling, Multifamily: A building containing five (5) or more dwelling units.

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

Dwelling, Townhouse: A single-family dwelling in a row of at least two (2) such units in which each unit has its own front and rear access to the outside, no unit is located over another unit, and each unit is separated from any other unit by one (1) or more vertical common walls.

Dwelling, Tri-Plex: A building containing three (3) dwelling units.

Dwelling Unit: A building or portion of a building that is designed, occupied, or intended for occupancy as living quarters exclusively for a single household, which includes one (1) or more rooms, with sleeping and sanitary facilities and one (1) enclosed kitchen. One (1) accessory cooking facility per dwelling unit is permitted.

Easement: A legal interest in land, granted by the owner to another person, which allows that person(s) the use of all or a portion of the owner’s land, generally for a stated purpose including, but not limited to, access or placement of utilities.

Effective Date: The date of full adoption of the code.

Efficiency Unit: A dwelling unit having not more than one (1) room in addition to kitchen and bath.

Elevation, Architectural: A flat scale drawing of the front, rear, or side of a building.

Enclosed Area: A building, greenhouse, or other structure that:

1. Has a complete roof enclosure supported by connecting walls that are constructed of solid material extending from the ground to the roof;

2. Is secure against unauthorized entry;

3. Has a foundation, slab or equivalent base to which the floor is securely attached; and

4. Meets performance standards ensuring that cultivation and processing activities cannot be and are not perceptible from the structure in terms of not being visible from public view without using binoculars, aircraft or other optical aids and is equipped with a lock or other security device that prevents access by minors.

Existing Conditions: Conditions that exist at time of plan or plat submittal.

Existing Use: The use of a lot or structure at the time of the enactment of this code.

Extraction: The removal or taking of natural or unnatural resources from the land, including but not limited to minerals, rock, sand, gravel, soil or other geologic materials, for commercial, industrial or public use. Extraction activities may include excavation, quarrying, mining, dredging and related processing conducted on site or in conjunction with the extraction operation.

Factory-Built Building: A dwelling unit (or a nonresidential structure which includes a dwelling unit or habitable area), other than a mobile home, manufactured home or recreational vehicle as defined herein, which is wholly or substantially manufactured at an off-site location to be assembled on-site, and which has been constructed pursuant to standards for factory-built buildings as certified by a regulatory agency of the State of Arizona.

Family: Any number of persons living together as a single housekeeping unit under a common housekeeping management plan.

Family, Immediate: Husband, wife, child, stepchild, brother, sister, stepbrother, stepsister, parent, stepparent, grandchild, grandparent, mother-in-law, father-in-law.

Farmers’ Market: An outdoor, periodic event, where farmers or producers gather to sell agricultural products directly to consumers.

Fence: An artificially constructed barrier of any material or combination of materials erected to enclose or screen areas of land.

Fill: Sand, gravel, earth or other materials of any composition placed or deposited by humans.

Final Plat: A final plat is a survey document suitable for recordation of all or part of a subdivision substantially conforming to an approved tentative plat, if a tentative plat is required, prepared in accordance with all local applicable regulation, and state statute.

Financial Assurance: A performance bond, escrow, cash, certificate of deposit, irrevocable letter of credit, corporate guarantee, or other equivalent security, or any combination thereof, to the Town of Clarkdale that is sufficient to pay for completion of improvement plans for utilities, streets, roads, curbs, gutters, sidewalks, structures, buildings and other appurtenances as set forth in either a development agreement or approved site plan or both.

Findings: A written statement of facts, conclusions and determination based on the evidence presented in relation to the approval criteria and prepared by the approval authority in support of a decision.

Firing Range: A property prepared, equipped, and delineated for the purpose of shooting at targets by rifles (excluding air rifles), pistols, shot guns or archery.

Flagpole: A vertical structure specifically designed for displaying flags.

Floor Area: The sum of the square footage of all the floors of a structure or building as measured by the exterior walls.

Floor Area Ratio: The relationship of the floor area to the lot area computed by dividing the floor area by the lot area.

Frontage: That portion of a parcel of property which abuts a public street.

Frontage, Building: The linear width of a building measured along the facade that faces and is generally parallel to a street, public right-of-way, or primary access way, as measured at ground level from the outermost edges of the building.

Front Lot Line: For interior lots, the lot line abutting on a street; for corner lots, the shorter lot line abutting on a street. When corner lot or double frontage lot has nearly equal frontage lot line shall be at the discretion of the lot owner.

Garage: A building or parking structure used for the parking and storage of vehicles.

Garage, Private: An accessory structure used primarily for the parking and storage of vehicles operated by the customers, employees or visitors of a principal building which is not available for use by the general public.

Garage, Private Residential: An accessory structure, or use, to a residential building used for the parking and storage of vehicles and other items operated by the residents of the building and which is not available to the general public.

Garage, Public: A primary structure or building, used primarily for the parking and storage of vehicles, which is available to the general public.

Garage, Repair: Any building or structure in which a business, service or industry involving the maintenance, repair, servicing or painting of vehicles is conducted or rendered.

Grade.

1. The average of the finished ground level at the center of all walls of a building.

2. The percent of rise or descent of a sloping surface.

Grading: Any stripping, cutting, filling or stockpiling of earth or land, including the land in its cut or filled condition, to create new grades.

Ground Cover: Grasses, other plant materials or inorganic materials grown or placed to keep soil from being blown or washed away.

Group Home: A dwelling that provides room and board for more than six (6), but less than ten (10) individuals, who as a result of age, illness, handicap or some specialized program, require personalized services or a supervised living arrangement in order to assure their safety and comfort.

Guest Quarters: One (1) or more rooms designed, occupied or intended as a separate living area for the use of short-term guests or immediate family members with sleeping, sanitary facilities and with, or without, separate cooking facilities. Said use shall be clearly secondary and accessory to the principal use, shall not exceed a maximum size of seven hundred (700) square feet and may be attached to or detached from the principal structure.

Group Day Care Home: A home in which at least seven (7) but not more than twelve (12) clients receive care, maintenance and supervision by other than their relative or guardian for less than twenty-four (24) hours per day within a dwelling unit.

Hardship: A restriction on property so unreasonable that it results in an arbitrary and capricious interference with basic property rights. Hardship relates to the physical characteristics of the property, not the personal circumstances of the owner or user, and the property is rendered unusable without the granting of a variance.

Home Occupation: Any activity carried out for economic gain by a resident and conducted as a customary, incidental and secondary use to the principal residential use.

Horticulture: The growing of crops for human consumption.

Hospital: An institution providing human health services primarily for in-patient medical and surgical care of the physically or mentally sick and injured and including related support facilities which may include laboratories, out-patient department, staff offices, food services, and/or a gift shop.

Hotel: A facility offering transient lodging accommodations to the general public in which access to individual rooms is provided through an inside lobby and which may offer additional services including, but not limited to, restaurants, meeting rooms, entertainment or recreational facilities.

Household: A family living together in a single dwelling unit with common access to and use of all living and eating areas within the dwelling unit.

Incentive Zoning: The granting by the approving authority of additional development capacity in exchange for a public benefit or amenity.

Infrastructure: Facilities and services needed to sustain development and land use activities including, but not limited to, utility lines, streets, fire stations, parks, schools and other public facilities.

Junk: Any scrap, waste, worn out, discarded material or debris collected or stored for destruction, disposal or some other use.

Junk Vehicle: A vehicle which is partially dismantled or wrecked or cannot operate under its own power.

Junkyard: Any lot or parcel, building or structure, used in whole or in part for the storage, collection, processing or disposal of junk.

Kitchen: A room within a building containing facilities for the storage, cooking, and preparation of food, specifically a sink, refrigerator, stove and an oven.

Land Area: The total area of a parcel.

Landscape Border: An area along a site’s boundary containing landscape materials and/or open space, the purpose of which is to enhance the visual appearance of the site from the streetscape or adjacent property.

Landscape Buffer/Screen: An area along a site’s boundary which may contain landscaping, berms, screens and/or walls for the purpose of reducing the visual impact of the site from the streetscape or adjacent property. This area may also be located within the landscape border.

Landscaping: An expanse of scenery including lawns, trees, plants and other organic or inorganic materials used to soften or mitigate the impacts of development.

Land Split: The division of improved or unimproved land into two (2) but not more than three (3) tracts or parcels of land for the purpose of sales, rent or lease.

Land Use: The General Plan category for which a building, structure, or area of land may be arranged or occupied, or the activity conducted or proposed in a building, structure, or on an area of land, including the principal use and accessory uses.

Legal Nonconforming: A use, structure, or lot that was legally in compliance before the ordinance’s adoption, but which would be prohibited, regulated, or restricted differently under this code or future amendments to the code or Zoning Map.

Lighting, Fully Shielded: Any outdoor light fixture shielded in such a manner that all light emitted by the fixture is projected below the horizontal as determined by a photometric test or certified by the manufacturer.

Lighting, Partially Shielded: Any light fixture shielded in such a manner that more than zero but less than ten percent (10%) of the light emitted from the fixture is projected above the horizontal as determined by a photometric test or certified by the manufacturer.

Livestock: Meat animal, cattle, sheep, swine, horses, ponies, or goats or any mutations or hybrids thereof.

Loading Area: A space used to transfer goods and material between vehicles and a building.

Lot: A designated parcel, tract or area of land established by plat, subdivision or as otherwise permitted by law, adequate for occupancy by a use herein permitted, meeting the minimum bulk requirements of the Zoning Code and having legal access.

Lot Area: The total area within the lot lines of a platted lot.

Lot Combination: The removal of lot lines between contiguous parcels.

Lot, Corner: A lot abutting upon two (2), or more, streets at their point of intersection.

Lot Coverage: The percentage of a lot or parcel that is covered by buildings or structures, typically measured by the total horizontal area of all principal and accessory structures projected to the ground, divided by the gross lot area. Typically used to regulate site intensity and may exclude specified features such as eaves, unenclosed decks or other minor projections as by ordinance.

Lot Depth: The average distance measured from the front to the rear lot line.

Lot, Flag: A large lot not meeting minimum lot frontage requirements and where access to a public or private street is provided by means of a long, narrow driveway between abutting lots.

Lot, Irregular: A lot with nonstandard shape and dimensions.

Lot Line: A line of record bounding a lot which divided on lot from another or from a public or private street right-of-way.

Lot Line, Front: The property line dividing a lot from a public or private street and from which the required front setback is measured. The front lot line of an interior lot shall be the line adjacent to the street frontage. The front line of a corner lot shall be the shorter of the two (2) lines adjacent to the streets. Where lines are equal, the front line shall be that line which is obviously the front by reason of the prevailing frontage of the other lots on the block. If such front is not evident, then either may be considered the front of the lot but not both.

Lot Line, Rear: The lot line(s) opposite and most distant from the front lot line. In the case of a corner lot, the Community Development Director shall determine the rear lot line. In the case of an irregular or triangular shaped lot, a lot line ten (10) feet in length within the lot parallel to and at maximum distance from the front lot line.

Lot Line, Side: Any lot line not considered a front or rear lot line.

Lot Line, Zero: The location of a building on a lot in such a manner that one (1) or more of the building’s sides rest directly on a side lot line.

Lot, Reverse Corner: A corner lot in which the rear lot line abuts the side lot line of an adjacent interior lot.

Lot, Through: An interior lot having frontage on two (2) streets.

Lot Width: The average horizontal distance between the side lot lines measured parallel with the front lot line.

Mailed Notice: Either surface mail or e-mail, unless one is explicitly directed.

Manufactured/Mobile Home: A residential structure built prior to June 15, 1976, on a permanent chassis, capable of being transported in one (1) or more sections and designed to be used with or without a permanent foundation as a single-family dwelling unit when connected to on-site utilities, excluding recreational vehicles and factory-built buildings and built in accordance with the National Manufactured Home Construction and Safety Standards Act of 1974 and Title VI of the Housing and Community Development Act of 1974, as amended, excluding recreational vehicles and factory-built buildings and certified by a regulatory agency of the State of Arizona.

Manufacturing: The mechanical or chemical transformation of materials or substances into new products, including the assembling of component parts, the creation of products, and the blending of materials including, but not limited to, oils, plastics, resins, etc.

Modular Home: A prefabricated house built in sections or modules in a factory, then transported to the building site and assembled on a permanent foundation, adhering to local, state, and regional building codes.

Marijuana.

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.

Marijuana Concentrate.

1. Resin extracted from any part of a plant of the genus Cannabis and every compound, manufacture, salt, derivative, mixture or preparation of that resin or tetrahydrocannabinol.

2. Does not include industrial hemp or the weight of any other ingredient combined with cannabis to prepare topical or oral administrations, food, drink or other products.

Marijuana Establishment: An entity licensed by the Arizona Department of Health Services to operate all of the following:

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

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

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

Marijuana Products: Marijuana concentrate and products that are composed of marijuana and other ingredients and that are intended for use or consumption, including edible products, ointments, and tinctures.

Marijuana Testing Facility: An entity that is licensed by the Arizona Department of Health Services to analyze the potency of marijuana and test marijuana for harmful contaminants.

Medical Marijuana: All parts of marijuana as defined by A.R.S. § 36-2801(8), used pursuant to the Arizona Medical Marijuana Act and the regulations promulgated by the Arizona Department of Health Services or its successor agency.

Medical Marijuana Caregiver Facility: A facility assisting with the use of medical marijuana and operated by an individual or entity registered by the State of Arizona according to the Arizona Medical Marijuana Act and the regulations promulgated by the Arizona Department of Health Services or its successor agency, including compliance with security measures.

Medical Marijuana Cultivation: The growing of medical marijuana plants, as authorized by the Arizona Medical Marijuana Act and the regulations promulgated by the Arizona Department of Health Services or its successor agency, including compliance with security measures.

Medical Marijuana Dispensary: A nonprofit entity as defined in A.R.S. § 36-2801(11) and operated by an individual or entity registered by the State of Arizona according to the Arizona Medical Marijuana Act and the regulations promulgated by the Arizona Department of Health Services or its successor agency, including compliance with security measures.

Medical Marijuana Dispensary, Nonprofit: A nonprofit entity as defined in A.R.S. § 36-2801(12).

Medical Marijuana Processing Facility: A facility that:

1. Engages in the growing of medical marijuana and/or incorporates medical marijuana into consumable or edible goods by the means of cooking, or blending;

2. Is operated by an individual or entity registered by the State of Arizona according to the Arizona Medical Marijuana Act and the regulations promulgated by the Arizona Department of Health Services or its successor agency, including compliance with security measures; and

3. Is associated with a medical marijuana dispensary.

Medical Marijuana Qualifying Patient: A person who has been diagnosed by a physician as having a debilitating medical condition as defined in A.R.S. § 36-2801.13 and is registered with the State of Arizona according to the Arizona Medical Marijuana Act and the regulations promulgated by the Arizona Department of Health Services or its successor agency.

Mini-Storage: A facility providing small, enclosed bays of varying sizes for the storage of a customer’s goods or wares without the provision of utilities (other than lighting) or the use or operation of the items stored. All units shall be completely separated from other units and shall have separate and independent outside entrances. These storage units may be within a building with a common hallway or accessed individually from the outside.

Mixed Use (MU): A development that includes both residential and nonresidential uses as principal uses on the same development site.

Motel: An establishment providing sleeping accommodations with a majority of the rooms having direct access to the outside without the necessity of passing through the main lobby of the building.

Multifamily: A building or group of buildings consisting of at least two (2) residential dwelling units attached or detached on one (1) lot. Housing types may include but are not limited to townhouse, multiplex or apartment.

Mural: Any picture, scene or diagram painted on any exterior wall or fence not interpreted by the Community Development Director to be advertising. Murals determined to be advertising shall be considered a sign and shall be included in the calculations of allowable sign area.

Neighborhood: An area of a community with characteristics which distinguish it from others including distinct ethnic or economic bases, housing types, schools or boundaries defined by distinct physical barriers such as railroads, arterial streets, rivers or major drainage channels.

Nonconforming, Illegal: A use, lot, development standard, sign, structure or of similar which was not legally permitted, and which does not conform to the zoning code and is in violation of the code.

Nonconforming, Legal: A use, lot, development standard, sign, structure or of similar which was lawful prior to the adoption, revision or amendment of the zoning code which no longer conforms to the zoning code because of said revision or amendment.

Office Park: A development which contains a number of separate office buildings, accessory and supporting uses, and open space all designed, planned, constructed and maintained on a coordinated basis.

Off Site: Located outside the lot or parcel lines of the principal use.

Off-Site Improvement: Improvements required to be made off site as a result of an application for development including, but not limited to, streets, water, drainage or sewer line improvements.

Off-Site Parking: Parking provided on a site other than the one on which the principal use is located.

On-Site Parking: Parking that occurs within the boundaries of a site, as required by this code.

On-Site Retention: The retention of storm water volume that falls on the site for a given design frequency storm, said site being exclusive of public streets, alleys or other land dedicated for public use.

On-Street Parking Space: Parking provided within the street right-of-way for public use that does not impede the flow of traffic.

Open Space: An area or portion of land, either landscaped or essentially unimproved and which is used to meet human recreational or spatial needs, or to protect water, air or plant areas.

Open Space, Common: Open space areas within a development which are designed or intended for the use and enjoyment of the residents and their guests.

Open Space, Natural: Any area of land, essentially unimproved and not occupied by structures or man-made impervious surfaces.

Open Space, Private: Open space, the use of which is normally limited to the occupants of a single dwelling unit or building; yard areas for detached single-family dwelling units or private patios or courtyards for attached housing units.

Open Space, Public: Open space owned and maintained by a public agency for the use and benefit of the public, i.e., a public park, public sidewalk, public walkway or public pedestrian thoroughfare.

Open Space, Recreational: Open space with active amenities for engagement such as but not limited to basketball courts, playgrounds, soccer fields, baseball fields, skate parks and tennis courts.

Open Space, Useable: Open space that is accessible and functional for active or passive recreational use by occupants of a development. Usable open space is typically free of buildings, parking areas, driveways and other vehicular use areas, and is of sufficient size, shape, location and physical condition to serve its intended purpose. It may include landscaped areas, plazas, courtyards, recreation areas and similar outdoor spaces designed for human use and enjoyment.

Outdoor Sales: The display and sales of products or services primarily outside a building and is limited to those items generally stored, used or inspected outdoors.

Outdoor Storage: The keeping of goods, materials or merchandise for a period of longer than twenty-four (24) hours in an unenclosed area.

Overlay Zone: A zoning district encompassing one (1) or more underlaying zone districts which imposes additional standards on the underlying zone districts.

Owner: The legal owner of the residential or commercial property as indicated by the Yavapai County Assessor.

Parcel: See “Lot.”

Park and Ride Facilities: Vehicle parking facilities with a connection to a public transportation system.

Park Model Trailer: A park trailer built on a single chassis, mounted on wheels and designed to be connected to utilities necessary for operation of installed fixtures and appliances and has a gross trailer area of not less than three hundred twenty (320) square feet and not more than four hundred (400) square feet when it is set up, and manufactured to comply with ANSI A119.5 standards, except that it does not include travel trailers, campers, or fifth wheel trailers as defined herein.

Parking Lot: An off-street, ground level area improved for the temporary storage of motor vehicles.

Parking, Shared: Joint use of a parking area by more than one (1) primary use.

Parking Space: A space for the parking of a motor vehicle within a public or private parking area.

Party (Shared) Driveway: A single access way providing access to more than one (1) property.

Performance Standards: Regulations that establish measurable limits on the external impacts of a use to ensure compatibility with surrounding properties, without specifying how those limits must be achieved.

Permitted Use: A use allowed by right in a zoning district subject to the restrictions applicable to that zone district.

Person: An individual, partnership, corporation, association, or any other entity of whatever kind or nature.

Place of Worship: A building primarily used by a nonprofit organization for organized religious services and supporting uses, similar to a church.

Plat: A map, chart or plan of a tract or parcel of land which is to be or which has been subdivided.

Primary or Main Entrance: An ingress/egress of a building designed to accommodate the predominant amount of foot traffic for the building.

Principal Use: The primary or predominant use of any lot or parcel of land.

Prohibited Use: A use which is not permitted in a zone district.

Property: A lot or parcel of land together with all structures located thereon.

Public Facility: A building or area owned or used by a department or branch of the Town.

Public Hearing: A meeting announced and advertised in conformance with the requirements set forth in A.R.S. § 9-462.04 wherein the public has an opportunity to comment and participate.

Public Place, Smoking: Has the same meaning prescribed in the Smoke-Free Arizona Act, A.R.S. § 36-601.01 and further regulated in Chapter 10, Offenses, and Article 12-2, Smoking, of the Town Code.

Rational Nexus: The clear, direct and substantial relationship between a particular development and the public improvement needs generated by the development.

Recreational Vehicle (RV): A vehicular type unit primarily designed as temporary living quarters for recreational, camping, or travel use; which either has its own motive power or is mounted on or drawn by another vehicle, including the following types of vehicles:

1. A portable camping trailer mounted on wheels and constructed with collapsible partial side walls which fold for towing by another vehicle and unfold for camping;

2. A motor home designed to provide temporary living quarters for recreational, camping, or travel use and built on or permanently attached to a self-propelled motor vehicle chassis or on a chassis cab or van that is an integral part of the completed vehicle;

3. A park model trailer or tiny house built on a single chassis, mounted on wheels and designed to be connected to utilities necessary for operation of installed fixtures and appliances and has a gross trailer area of not less than three hundred twenty (320) square feet and not more than four hundred (400) square feet when it is set up, except that it does not include fifth wheel trailers;

4. A travel trailer or tiny house mounted on wheels, designed to provide temporary living quarters for recreational, camping, or travel use of a size or weight that may or may not require special highway movement permits when towed by a motorized vehicle, and has a trailer area of less than three hundred twenty (320) square feet. This includes fifth wheel trailers. If a unit requires a size or weight permit, it must be manufactured to the standards for park trailers in the American National Standards Institute Code; or

5. A portable truck camper constructed to provide temporary living quarters for recreational, travel, or camping use and consisting of a roof, floor and sides designed to be loaded onto and unloaded from the bed of a pickup truck.

Recreational Vehicle (RV) Park: Any lot, parcel, or tract of land used, designed, maintained, and intended for the parking of recreational vehicles and temporary occupancy or use of such as living quarters, except that it does not include a mobile or manufactured home park as defined herein.

Recycling Drop-Off Site: A site providing containers for the collection of recyclable materials, typically, an accessory use.

Recycling Facility: A building or an area where the primary activity is the separation of recyclable materials prior to shipment for processing. This shall not include junkyards or wrecking yards.

Rental Unit: Any housing unit, which is occupied pursuant to a lawful rental agreement, oral or written, express or implied, which was not owned as a condominium unit or cooperative unit on the effective date of the code.

Residential Density: The number of dwelling units per gross acre of land.

Residential Property: Any property designated for residential use within the jurisdiction.

Responsible Party: Any person, firm, entity or corporation who owns and/or is in possession of any property or site.

Restaurant: An establishment where food or beverages are prepared and served and where consumption takes place primarily within the principal structure.

Restaurant, Fast Food: An establishment where food and beverages are sold in a form ready for consumption, and where consumption or a significant portion of consumption takes place off the premises, or where ordering and pickup of food typically takes place from within an automobile.

Retail Sales: The selling of goods or merchandise to the general public for personal or household use and rendering services incidental to the sale of such goods.

Retention Basin: A pond or pool used for the permanent storage of water runoff.

Right-of-Way: An area of land dedicated or conveyed to the Town of Clarkdale in fee simple and used primarily for roadway, circulation or utility purposes.

Roof: The exterior top covering of a building or structure, including the structural components and materials designed to protect the building from weather.

Roof Types:

A. Gable Roof

B. Shed Roof

C. Mansard Roof

D. Flat Roof

E. Gambrel Roof

F. Simple Hip Roof

Row House: A series of dwelling units, attached in a row, separated from each other by an unpierced wall extending from basement to roof.

Salvage Yard: A lot or parcel of land used for the collection, keeping or abandonment of discarded or waste materials.

Scale of Development: The relationship of a particular project in terms of size, height, bulk, intensity of use and aesthetics to its surroundings.

Scenic Easement: An easement which limits development in order to preserve a view or scenic area.

School: Any building or part thereof used or constructed for education or instruction in any branch of knowledge including private, public or vocational schools; School does not include daycare or nurseries.

School; Public, Charter or Private: Facilities for educational and/or classroom purposes operated by public, private, or charter educational institutions offering a general course of study at primary, middle, or high school levels, including seminaries, study centers, athletic facilities, vocational and trade programs, and boarding that are incidental to the operation of such schools.

School; Trade or Business: An institution offering instruction beyond high school level with a course of study in vocational, technical or other special subjects.

Scraping: The removal of any vegetation from the existing grade of the land for purposes of land development.

Screening: A method of visually shielding or obscuring an abutting or nearby use or structure from another by fencing, walls, berms or densely planted vegetation.

Seating Place: In churches or other assembly areas where benches or pews are used in place of seats, each twenty-four (24) inches of bench or pew shall be counted as one (1) seat.

Self-Storage: See “Mini-Warehouse.”

Self-Storage, Outdoor: A commercial storage facility in which items, primarily boats, RVs and trailers or similar, may be stored under canopies or out in the open for a fee.

Sensitive Land Area: Any land area containing (as an example) one (1), or more, of the following:

1. Steep slopes;

2. Floodplain;

3. Soils having high water tables;

4. Highly erodible soils;

5. Lands incapable of meeting minimum percolation standards;

6. Former landfill or industrial waste areas;

7. Stream corridors;

8. Aquifer recharge or discharge areas;

9. Wetlands;

10. Scenic view corridors; and/or

11. Architectural areas of significant consequence.

Setback: The line which establishes the minimum distance from any lot line to a permitted principal building and defines the area within which the principal structure may be placed or erected.

Setback, Front: The minimum distance from the front lot line to the nearest point of the allowable principal building measured perpendicular to the front lot line.

Setback, Rear: The minimum distance from the rear lot line(s) to the nearest point of the allowable principal building measured perpendicular to the rear lot line(s).

Setback, Side: The minimum distance from the side lot lines to the nearest point of the allowable principal building measured perpendicular to the side lot lines.

Sight Visibility Triangle: An area of land at the intersection of streets, or a street and a driveway, within which nothing may be erected, planted, placed or allowed to grow in a manner which will obstruct vision of motorists entering or leaving the intersection.

Sign: Any object, device, display or structure, or part thereof, which is situated outdoors or visible outdoors, and is used to advertise, identify, display, direct, or attract attention to an object, person, institution, organization, business, product, service, event or location by any means including words, letters, figures, designs, symbols, fixtures, colors, illumination or projected images.

Sign, A-Frame: Any portable upright, rigid, self-supporting frame sign in the form of a triangle of the letter A.

Sign, Animated: Any sign or part of a sign which changes physical position or light intensity by any movement or rotation or that gives the appearance of such movement or rotation.

Sign, Canopy: Any sign that is a part of or attached to an awning, canopy, or other fabric, plastic, or structural protective cover over a door, entrance, window, or outdoor service area.

Sign, Construction: A temporary sign placed by a licensed contractor to advertise the work done on that property.

Sign, Directional: Signs limited to directional messages, principally to direct and aid the flow of pedestrian or vehicular traffic, such as “one-way,” “entrance,” and “exit,” building address, etc.; as well as providing directional information relating to points of interest, institutions, facilities, and districts.

Sign, Face: The area used for the message.

Sign, Feather: A vertical portable sign that contains a harpoon-style pole or staff driven into the ground for support or supported by means of an individual stand.

Sign, Flashing: Any directly, or indirectly, illuminated sign which exhibits changing natural or artificial light or color effects by any means.

Sign, Freestanding: Any nonmovable sign not attached to a building with a solid base.

Sign, Garage Sale: A temporary sign advertising a short-term private sale of personal property characterized as being a “yard sale,” “garage sale,” “rummage sale,” or similar event.

Sign, Ground Mounted: Any freestanding sign, other than a pole sign, placed upon or supported by the ground, independent of any other structure, except footings.

Sign, Home Occupation: A sign listing only the name or occupation of a permitted home occupation.

Sign, Ideological: Any sign announcing or supporting the personal views of the property owner or tenant of the lot on which the sign is located.

Sign, Illegal: A sign which is in violation of the requirements of this code, except for those signs qualifying as nonconforming.

Sign, Illuminated: A sign lighted by or exposed to artificial lighting either by lights on or inside the sign or directed towards the sign.

Sign, Off-Site: Any sign which directs attention to any business, commodity, service, or entertainment/event conducted, sold, or offered at a location other than the premises on which the sign is located.

Sign, Pole: A sign that is mounted on a freestanding pole or other support so that the bottom edge of the sign face is six (6) feet or more above grade.

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

Sign, Projecting: A sign attached to a building or structure, and which extends more than eighteen (18) inches from said building or structure.

Sign, Real Estate: A sign pertaining to the sale or lease of the premises on which the sign is located.

Sign, Roof: A sign which is mounted on the roof of a building, or which extends above the top edge of the wall of a flat roofed building, above the eave line of a building with a hip, gambrel or gable roof or the deck line of a building with a mansard roof.

Sign, Temporary: Any sign constructed of cloth, canvas, fabric, plywood or other light materials and intended for display for a short period of time and is not permanently mounted.

Sign, Vehicle: Signs attached to a vehicle primarily for the purposes of advertising, with such vehicle placed adjacent to a roadway and not used for the typical conduct of the business so advertised. Magnetic signs, and signs painted or wrapped on a vehicle which are used for the daily conduct of business, are not considered as vehicle signs under this provision.

Sign Walker: A living individual who carries, holds, or displays a temporary sign intended to identify a business.

Sign, Wall: Any sign attached to or painted on a wall of a building or structure so that the wall forms the supporting structure or becomes the background of the sign and which does not project more than eighteen (18) inches from the wall.

Sign, Window: Any sign, pictures, symbol, or combination thereof, designed to communicate information about an activity, business, commodity, event, sale, or service that is placed inside a window or upon the windowpanes, or glass and is visible from the exterior of the window.

Site Plan: A development plan for one (1) or more lots showing existing and proposed conditions of the lot including, but not limited to: topography, vegetation, drainage, landscaping and open space, access and circulation, parking, utility services, buildings and signs, lighting and other information pertinent to the review of the proposal.

Smoke: Small airborne particles, gases, and vapors produced by the incomplete combustion of materials that become visible in the air as a gray, black, or colored plume.

Steep Slope: Land areas where the slope exceeds twenty percent (20%).

Storefront Location: A permanent building on an established foundation adhering to Town building codes shall not include any temporary, portable or self-powered mobile facilities, or trailer, cargo container or motor vehicle.

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

Story, Half: A space under a sloping roof which has the line of intersection of roof decking and wall face not more than three (3) feet above the top floor level, and in which space not more than two-thirds of the floor area is finished off for use. A half story containing living quarters shall be counted as a full story.

Street, Arterial: A street with signalized or controlled intersections which channels traffic to and from collector streets and whose primary function is to provide for crosstown or regional traffic movements.

Street, Collector: A street with controlled intersections whose main function is to carry traffic between arterial and local streets, which may also provide primary access to abutting properties.

Street, Local: A street with, or without, controlled intersections whose main function is to provide primary access to abutting properties.

Street, Private: An easement providing the principal means of access to a lot or parcel owned and maintained by an individual or group of individuals, exempt from management, maintenance and liability on the part of the Town.

Street, Public: An existing state, county or municipal roadway; or a street or way shown on a plat heretofore approved pursuant to law or approved by official action; or a street on a plat filed and recorded in the County Recorder’s Office which affords the principal means of access to a lot or parcel.

Streetscape: The appearance or view of an entire street or street network in general, including sidewalks, utilities, landscaping, street furniture, and the structures that make up the street wall.

Structural Alterations: Any change in the supporting member of a building such as bare walls, columns, beams, floor joists, roof joists, girders, rafters or changes in roof or exterior building lines.

Structure: Anything constructed or erected, the use of which requires permanent location on the ground or attached to something having a permanent location on the ground, including but not limited to buildings, shade structures, fences, signs, kiosks or similar uses.

Subdivision: Improved or unimproved land or lands divided for the purpose of sale or lease, whether immediate or future, into four (4) or more lots, parcels, or fractional interest. A subdivision does not include the following:

1. The sale or exchange of parcels of land to or between adjoining property owners if such sale or exchange does not create additional lots.

2. The partitioning of land in accordance with other statutes regulating the portioning of land held in common ownership.

3. The leasing of apartments, offices, stores, or similar space within a building or trailer park, nor to mineral, oil, or gas leases.

4. The division or proposed division of land located in this state into lots or parcels each of which is or will be thirty-six (36) acres or more in area including to the centerline of dedicated roads or easements, if any, contiguous to the lot or parcel.

Subdivision Abandonment: The process by which subdivided lands may be returned to large blocks or areas of nondivided lands.

Temporary Structure: A building or other structure intended to be placed on a property for a pre-defined, limited duration.

Temporary Use: A land use intended for a pre-defined, limited duration.

Temporary Use Permit: A permit to allow for a temporary use or structure on a property.

Tiny House: A dwelling unit that is four hundred (400) square feet or less in floor area excluding any loft area, that has been constructed on site or on skids, and not on wheels.

Tiny House on Wheels: A tiny house that has been built on a chassis, trailer, or wheels and not licensed as a trailer, travel trailer, camper/tent trailer, RV, or similar.

Tiny House Recreational Vehicle: A tiny house that has been built on a chassis, trailer, or wheels and is licensed as a trailer, travel trailer, camper/tent trailer, RV, or similar.

Transfer of Development Rights (TDR): The removal of the right to develop or build, expressed in units per acre or floor area ratio, from one lot or parcel to another, or from a portion of a lot to another part of the same lot.

Transitional Use: A permitted land use or structure of an intermediate level of intensity or scale placed between a higher and lower intensity use.

Use. The purpose for which land or a structure is arranged or intended, or for which either land or a building is occupied or maintained.

Use, Accessory. A use customarily incidental and subordinate to the principal use of a lot or building located upon the same lot or building site, which accessory use does not alter the principal use of such lot or building.

Use, Principal: The main or primary purpose for which land or a structure is designed, arranged or intended or for which it is occupied or maintained.

Utility, Private: A utility system, facility or service that is owned, operated and maintained by a private individual, business, cooperative or nonpublic entity, rather than by a governmental agency or public utility provider. Private utilities may include water systems, wastewater systems, electrical distribution, gas service, telecommunications or similar infrastructure intended primarily to serve a specific development, property or limited service area.

Utility, Public: A system, facility or service used to provide electricity, natural gas, water, wastewater disposal, stormwater management, telecommunications or similar services to the public, and which is owned, operated or regulated by a governmental agency or a franchised or certificated public utility provider. Public utilities include associated infrastructure such as transmission lines, substations, pipelines, treatment plants, lift stations and similar service facilities necessary to deliver utility services communitywide.

Variance: Permission to deviate from the standards of this code.

Variance, Bulk: Departure from any zoning standard except use.

Variance, Use: A variance granted to allow a use not permitted by this code. Use variances are prohibited by state statute.

Wall: The vertical exterior surface of a building or structure.

Wall, Retaining: A wall which supports or retains earth higher on one (1) side than the other side. A retaining portion of a wall does not count towards maximum wall height.

Warehouse: An establishment offering indoor or open-air storage, distribution, handling of materials and equipment, such as stone yards, grain elevators, or open storage yards.

Wholesale: Establishments engaged primarily in selling merchandise to retailers or other industrial, commercial, institutional or professional businesses.

Wireless Communication Tower: Any structure built or attached to a building for the sole or primary purpose of supporting antennas used to provide services licensed by the Federal Communications Commission or for other transmission of information through the air. “Wireless communication tower” also includes the supporting facilities, buildings, or enclosures associated with the structure, including power supplies, electronic equipment housed in cabinets and antennas.

Yard: An open area that lies between the principal building(s) and the lot lines. The minimum required yard area as set forth in this code shall remain unoccupied and unobstructed from the ground up except as may be specifically provided for in this code.

Yard, Front: The portion of a lot extending across the full width of the lot between the front lot line and the minimum required front setback line established by the zoning district.

Yard, Rear: An open area extending the full width of the lot or parcel between the rear lot line and any building, measured perpendicular to the lot line and the closest point of the building.

Yard, Side: An open area extending from the front yard to the rear yard between the principal building and the nearest side lot line measured perpendicularly from the side lot line to the nearest point of the principal building.

Zone: A specifically delineated area or district within which uniform development standards govern the use, placement, spacing and size of land and buildings. (Revised by Ordinance #454 on 5/12/26; effective 6/11/26; Revised by Ordinance #436 on 12/10/24; Revised by Ordinance #428 on 12/10/24; effective 1/20/25; Revised by Ordinance #427 on 8/13/24; effective 9/14/24; Revised by Ordinance #424 on 1/14/25; effective 2/13/25; Revised by Ordinance #411 on 6/8/21; effective 7/9/21; Added by Ordinance #410 on 2/9/21; effective 3/11/21; Revised by Ordinance #409 on 11/10/20; effective 12/10/20; Added by Resolution #1605 on 7/9/19; effective 8/8/19; Added by Ordinance #397 on 7/9/19; effective 8/8/19; by Prior Code on )