For the purpose of this title, certain words and terms used in this title are defined as set out in this chapter.

A.

All words used in the present tense include the future tense.

B.

All words in the plural number include the singular number; all words in the singular number include the plural number, unless the natural construction of the wording indicates otherwise.

C.

The word "shall" is mandatory and not discretionary.

D.

Words not specifically listed in this chapter are defined as in the Webster's Dictionary; otherwise, the words and phrases used in this title shall have the meanings as set out in this chapter.

(Ord. No. 2013-04, Exh. A, 5-7-2013)

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

(Ord. No. 2013-04, Exh. A, 5-7-2013)

"Access" or "accessway" means the place, means or way by which pedestrians and vehicles shall have safe, adequate and usable ingress and egress to a property or use as required by this title.

(Ord. No. 2013-04, Exh. A, 5-7-2013)

"Adjacent" or means nearby, but not necessarily touching.

(Ord. No. 2013-04, Exh. A, 5-7-2013)

"Agriculture" means the tilling of the soil, raising of crops, horticulture, viticulture, silviculture, including all uses customarily incidental thereto, but not including slaughterhouses, fertilizer yards or plants for the reduction of animal matter or any other industrial use which is similarly objectionable because of noise, odor, smoke, dust or fumes.

(Ord. No. 2013-04, Exh. A, 5-7-2013)

"Alley" means a right-of-way dedicated to public use affording a secondary means of access to abutting property and not intended for general traffic circulation.

(Ord. No. 2013-04, Exh. A, 5-7-2013)

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

(Ord. No. 2013-04, Exh. A, 5-7-2013)

"Animal hospital" means facilities for the care, treatment and boarding of animals including the term "veterinary clinic".

(Ord. No. 2013-04, Exh. A, 5-7-2013)

"Appeal" means an action, which permits anyone to arrange for a hearing from other than the individual or group from whose decision the appellant seeks redress.

(Ord. No. 2013-04, Exh. A, 5-7-2013)

"Automobile repair" means all aspects of the repair of motor vehicles including, but not limited to, lubrication, tune-up and preventive maintenance.

(Ord. No. 2013-04, Exh. A, 5-7-2013)

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

(Ord. No. 2013-04, Exh. A, 5-7-2013)

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

(Ord. No. 2013-04, Exh. A, 5-7-2013)

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

(Ord. No. 2013-04, Exh. A, 5-7-2013)

"Board of adjustment" means the official body designated by local ordinance to hear and decide applications for variances from the terms of this title and appeals from the decision of the community development director. (See Chapter 18-12 of this title)

(Ord. No. 2013-04, Exh. A, 5-7-2013)

"Building" means a structure having one or more stories and a roof, designed primarily for the shelter, support or enclosure of persons, animals or property of any kind. This shall not include doghouses, playhouses, or similar structures.

(Ord. No. 2013-04, Exh. A, 5-7-2013; Ord. No. 2025-02, § 1, 8-5-2025)

"Accessory building" means a building or structure which is subordinate to, and the use of which is customarily incidental to that of the main building, structure, or use on the same lot or parcel.

(Ord. No. 2013-04, Exh. A, 5-7-2013; Ord. No. 2025-02, § 1, 8-5-2025)

"Building area" means the total area, taken on a horizontal plane at the mean grade level, of the principal buildings and all accessory buildings, exclusive of uncovered porches, terraces and steps.

(Ord. No. 2013-04, Exh. A, 5-7-2013)

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

(Ord. No. 2013-04, Exh. A, 5-7-2013)

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

(Ord. No. 2013-04, Exh. A, 5-7-2013)

"Height of building" means the vertical distance measured from the average grade level to the highest level of the roof surface of flat roofs, to the deck line of mansard roofs, or to the mean height between eaves and ridges for gable, gambrel, shed or hip roofs. In the event that terrain problems prevent an accurate determination of height, the community development director shall rule as to height and appeal from that decision shall be to the board of adjustment.

(Ord. No. 2013-04, Exh. A, 5-7-2013)

"Building inspector" means the person officially designated by the town as being responsible for administering and enforcing the building codes of the town.

(Ord. No. 2013-04, Exh. A, 5-7-2013)

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

(Ord. No. 2013-04, Exh. A, 5-7-2013)

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

(Ord. No. 2013-04, Exh. A, 5-7-2013)

"Building setback" means the minimum distance as prescribed by this title between any property line and the closest point of the foundation or any supporting post or pillar of any building or structure related thereto. (See Sections 18.08.565 through 18.08.580 of this chapter)

(Ord. No. 2013-04, Exh. A, 5-7-2013)

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

(Ord. No. 2013-04, Exh. A, 5-7-2013)

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

(Ord. No. 2013-04, Exh. A, 5-7-2013)

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

(Ord. No. 2013-04, Exh. A, 5-7-2013)

"Commission" means the town of Eagar Planning and Zoning Commission. (See Chapter 18-12 of this title)

(Ord. No. 2013-04, Exh. A, 5-7-2013)

"Community development director" means the official responsible for enforcement of this title, or designed representative. (See Sections 18.12.110 and 18.12.120 of this title)

(Ord. No. 2013-04, Exh. A, 5-7-2013)

"Compatible" means a relation and consistency between exterior appearances in the neighborhood so that the structures have a similar appearance or are at least in harmony or holding to the same basic principles.

(Ord. No. 2013-04, Exh. A, 5-7-2013)

"Contiguous" means in actual contact.

(Ord. No. 2013-04, Exh. A, 5-7-2013)

"Convalescent home" means the same as "nursing home".

(Ord. No. 2013-04, Exh. A, 5-7-2013)

"Council" means the town of Eagar town council.

(Ord. No. 2013-04, Exh. A, 5-7-2013)

"County" means Apache County, Arizona.

(Ord. No. 2013-04, Exh. A, 5-7-2013)

For the definition of "day care," see "school, nursery" at Section 18.08.460 of this chapter.

(Ord. No. 2013-04, Exh. A, 5-7-2013)

"Drive-in restaurant" means any establishment where food or beverages are dispensed and may be consumed on the premises, but outside a closed building.

(Ord. No. 2013-04, Exh. A, 5-7-2013)

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

(Ord. No. 2013-04, Exh. A, 5-7-2013)

"Multigenerational dwelling" means a dwelling with more than one generation of the same family living under one roof.

(Ord. No. 2013-04, Exh. A, 5-7-2013)

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

(Ord. No. 2013-04, Exh. A, 5-7-2013)

"Dwelling unit" means a room or group of rooms within a dwelling containing one cooking accommodation, occupied exclusively by one or more persons living as a single nonprofit family housekeeping unit.

(Ord. No. 2013-04, Exh. A, 5-7-2013)

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

(Ord. No. 2013-04, Exh. A, 5-7-2013)

The word "erect" includes built, built upon, added to, altered, constructed, reconstructed, moved upon, or any physical operations on the land, required for a building.

(Ord. No. 2013-04, Exh. A, 5-7-2013)

"Factory-built (modular) home" means a structure, as defined in A.R.S., Section 41-2142(14); a residential or nonresidential building including a dwelling unit or habitable room thereof which is either wholly or in substantial part manufactured at an off-site location to be assembled on site, except that it does not include a manufactured home, mobile home or a recreational vehicle as defined in this chapter. A blue tag issued by the Arizona Office of Manufactured Housing identifies a factory-built (modular) home.

(Ord. No. 2013-04, Exh. A, 5-7-2013)

"Family" means an individual, or two or more persons related by blood or marriage, or a group of persons not related by blood or marriage, living together as a single housekeeping group in a dwelling unit.

(Ord. No. 2013-04, Exh. A, 5-7-2013)

"Farming" means the same as "agriculture." (See Section 18.08.025)

(Ord. No. 2013-04, Exh. A, 5-7-2013)

"Fence" means any device built to enclose a parcel of land, to separate two parcels of land, or to separate a parcel of land into different use areas.

(Ord. No. 2013-04, Exh. A, 5-7-2013)

"Finished floor elevation" means:

A.

Manufactured homes finished floor elevation is defined as the bottom of the lowest I beam.

B.

Site-built homes finished floor elevation is defined as the surface within a room upon which one walks.

(Ord. No. 2013-04, Exh. A, 5-7-2013)

"Private garage" means a building or portion thereof, used for the shelter or storage of self-propelled vehicles, or owned or operated by the occupants of a main building wherein there is not service or storage for compensation.

(Ord. No. 2013-04, Exh. A, 5-7-2013)

"Public garage" means any building, except one defined in this chapter as a "private garage" used for the storage, care or repair of self-propelled vehicles or where any such vehicles are equipped for operation or kept for hire.

(Ord. No. 2013-04, Exh. A, 5-7-2013)

"General plan" means a municipal statement of land development policies, which may include maps, charts, graphs and text which set forth objectives, principles and standards for local growth and redevelopment enacted under the provisions of this title or any prior statute.

(Ord. No. 2013-04, Exh. A, 5-7-2013)

"Guesthouse" means living or sleeping quarters within an accessory building for the sole use of occupants of the premises, guests of such occupants, rented, and/or otherwise used for income purposes.

(Ord. No. 2013-04, Exh. A, 5-7-2013)