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)

"Home occupation" means any occupation or profession which is incidental and subordinate to the use of the dwelling unit for dwelling purposes and which does not adversely impact on the surrounding neighborhood and is carried on by persons residing in the dwelling unit.

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

"Junk automobile" means any vehicle or any major portion thereof, which is incapable of movement under its own power and will remain so without major repair.

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

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

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

"Kennel" means any premises where five or more dogs or cats are bred, boarded and/or trained.

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

"Light manufacturing" means a light industrial business where all processing, fabricating, assembly, or disassembly of items takes places wholly within an enclosed building. Typical items for processing, fabricating, assembly, or disassembly include, but are not limited to, apparel, home accessories, food, drapes, clothing accessories, bedspreads, decorations, artificial plants, jewelry, instruments, computers, and electronic devices.

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

"Lot" means a legally created parcel of land.

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

"Lot area" means the total horizontal area within the lot lines of a lot.

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

"Lot coverage" means that portion of a lot or building site which is occupied by any building or structure, excepting paved areas, walks and swimming pools.

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

"Lot depth" means the horizontal length of the straight line connecting the midpoints of the front and rear lot lines.

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

"Lot frontage" means the horizontal length of the front lot line.

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

"Lot line" means the line bounding a lot.

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

"Front lot line" means, in the case of an interior lot, a line separating the lot from the street, and in the case of a corner lot, the line separating the narrowest street frontage of the lot from the street.

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

"Rear lot line" means a lot line that is opposite and most distant from the front lot line.

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

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

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

"Average lot width" means the distance between side lot lines measured thirty feet behind the required minimum front yard line parallel to the street or street chord.

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

"Manufactured home" means a structure, as further defined in Arizona Revised Statutes, Section 41-2142(24), built in accordance with the National Manufactured Home Construction and Safety Standards Act of 1974, transportable in one or more sections, which, in the traveling mode, is eight body feet or more in width or forty body feet or more in length, or, when erected on site, is three hundred twenty or more square feet, and which is built on a permanent chassis and designed to be used as a dwelling with or without a permanent foundation when connected to on-site utilities, and includes the plumbing, heating, air conditioning and electrical systems contained therein. A manufactured home shall not include a mobile home, a factory-built (modular) home or a recreational vehicle.

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

"Manufactured home park" means a residential use in which more than one, manufactured home or travel trailer is placed on a lot, parcel or tract of land, designed, maintained, used and intended for rent or lease, including all buildings, structures, vehicles, accessory buildings and appurtenances to be used in connection therewith. A "manufactured home park" does not include lots upon which unoccupied manufactured homes, or travel or commercial trailers are parked for display, inspection or sale.

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

"Manufacturing" means the fabricating or assembling of materials into finished or partially finished products by hand or by the use of machinery.

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

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

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

"Medical marijuana cultivation" means the process by which a person grows a marijuana plant. A facility shall mean a building, structure or premises used for the cultivation or storage of medical marijuana that is physically separate and off site from a medical marijuana dispensary.

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

"Medical marijuana dispensary" means a nonprofit entity defined in A.R.S. Section 36-2801(11), that sells, distributes, transmits, gives, dispenses, or otherwise provides medical marijuana to qualifying patients.

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

"Medical marijuana manufacturing facility" means a facility that incorporates medical marijuana (cannabis) by means of cooking, blending, or incorporation into consumable/edible goods.

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

"Medical marijuana qualifying patient" means a person who has been diagnosed by a physician as having a debilitating medical condition as defined by A.R.S. Section 36-2801(13).

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

"Mobile home" means a structure, as further defined in A.R.S. Section 41-2142(26), built prior to June 15, 1976, on a permanent chassis, capable of being transported in one or more sections, and designed to be used with or without a permanent foundation as a dwelling when connected to on-site utilities. A mobile home shall not include a manufactured home, a factory-built (modular) home or a recreational vehicle.

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

"Municipal" or "municipality" means an incorporated city or town.

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

"Nonconforming structure" means a structure which was lawfully erected prior to the adoption of the ordinance codified in this title, but which, under this title, does not conform with the standards of lot coverage, yard spaces, height of structures, distance between structures or other standards prescribed in the regulations for the district in which the structure is located. (See Chapter 18.74 of this title)

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

"Nonconforming use" means a use of a structure or land that was lawfully established and maintained prior to the adoption of the ordinance codified in this title, but which, under this title, does not conform to the use regulations for the district in which it is located. (See Chapter 18.74 of this title)

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

"Nuisance" means any thing, condition or use of property that endangers life or health, gives offense to the senses, and/or obstructs the reasonable and comfortable use of other property.

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

"Nursing home" means a structure operated as a lodging house in which nursing, dietary and other personal services are rendered to convalescents, not including persons suffering from contagious diseases, and in which surgery is not performed and primary treatment, such as customarily is given in hospitals and sanitariums, is not provided. A "convalescent home" is deemed a "nursing home."

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

"Off-street parking and loading facilities" means a site or a portion of a site devoted to the off-street parking of motor vehicles including parking spaces, aisles and access drives. (See Chapter 18.68 of this title)

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

"Park" means a public or private parcel of land developed and used for passive or active recreation.

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

"Planning agency" means the official body designated by local ordinance to carry out the purposes of this title and may be a planning department, planning commission, a hearing officer, the legislative body itself or any combination thereof.

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

"Professional office" means any building, structure or portion thereof used or intended to be used as an office for a lawyer, architect, engineer, surveyor, planner, optometrist, accountant, doctor, dentist or other similar profession.

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

"Public building" means facilities for conducting public business by various public agencies, including all federal, state, county and local government offices and buildings.

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

"Public hearing" means hearings as required by law.

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

"Recreation facilities" includes buildings, structures or areas built or developed for purposes of entertaining, exercising or observing various activities participated in either actively or passively by individuals or organized groups.

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

"Recreational vehicle" means a vehicular type unit, as further defined in A.R.S. Section 41-2142(30), which is one of the following:

A.

A portable camping trailer mounted on wheels and constructed with collapsible partial sidewalls, which fold for towing by another vehicle and unfold for camping;

B.

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 complete vehicle;

C.

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 gross trailer area of not less than three hundred twenty square feet and not more than four hundred square feet when it is set up, except that it does not include fifth-wheel trailers;

D.

A travel trailer 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 fifty square feet. This subdivision includes fifth-wheel trailers;

E.

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.

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

"Recreational vehicle park" means facilities for the temporary storage, parking and maneuvering of recreational vehicles with adequate roads and stall sites, including sanitary and water facilities. Site locations are provided on a day-to-day basis. This does not constitute a manufactured home park.

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

"Retail store" means a commercial business for selling goods, services, wares or merchandise directly to the customer.

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

"Right-of-way" includes any public or private right-of-way and includes any area required for public use pursuant to any official plan.

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

"Elementary school," "middle school" or "high school" means public and other nonprofit institutions conducting regular academic instruction at kindergarten, elementary and secondary levels. Such institutions shall offer general academic instructions equivalent to the standards prescribed by the state board of education.

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

"Nursery school" means a school or the use of a site or a portion of a site for an organized program devoted to the education or day care of five or more children of elementary school age or younger, other than those residents of the site. This includes day care center.

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

"Private or parochial school" means an institution conducting regular academic instruction at kindergarten, elementary and secondary levels operated by a nongovernmental organization.

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

"Trade school" means schools offering instruction in the technical, commercial or trade skills, such as real estate schools, business colleges, electronic schools, automotive and aircraft technician schools and similar commercial establishments operated by a nongovernmental organization.

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

"Service station" means an occupancy engaged in the retail sales of gasoline, oil, tires, batteries and new accessories and which provides for the servicing of motor vehicles and operations incidental thereto, including automobile washing, waxing and polishing, tire changing and repairing, but not including recapping. This may also include battery service, radiator cleaning, flushing and repair, installation of minor accessories, lubrication of motor vehicles, rental of utility trailers, testing, adjustment and replacement of motor parts and accessories.

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

A "Shipping Container" means a large standardized container designed and built for intermodal freight transport. Shipping containers are commonly eight feet wide and vary from approximately ten to forty feet in length. Other common terms include Intermodal Containers, ISO Containers, Railroad Containers, Rail Cars, Conex boxes, certain truck trailers, and other variants. Retired railroad cars, semi-truck trailers, reefers, camper shells, cabooses, and similar items fall under the definition "shipping container."

Shipping Containers shall be considered as tiny homes and manufactured homes in the context of AGR, AR-43R, AR-20R, R1-10R, and R2-7R, and therefore are only permitted as storage within said zones.

(Ord. No. 2025-02, § 1, 8-5-2025)

"Shopping center" means a group of three or more commercial establishments associated by common agreement or under common ownership that comprises contiguous land parcel units with common parking facilities.

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

"Sign" means any identification, description, illustration or device which is affixed directly or indirectly upon a building, structure or land which directs attention to a product, place, activity, person, institution or business and which is visible from any public street, waterway, alley or public place, and shall include banners and similar services. A vehicle-mounted sign on a vehicle that is habitually parked or stationed at the site of a business and serves to advertise or identify the business shall be construed as a sign for the purpose of this title. National flags and flags of political subdivisions shall not be construed as signs.

A.

"A" frame freestanding signs mean a self-supporting, portable sign with one or two faces that are adjoined at the top and displayed at an angle, which is not permanently anchored or secured.

B.

"Area of sign" means that area in square feet of the smallest rectangle, square, circle or triangle that encompasses the sign. The area of any two-faced sign with parallel faces, shall be the area of the single face. All other multiple faced or other paneled signs shall be the total area of all faces or panels. "Sign area" includes the mounting surface on which the lettering is placed. For signs which are painted on a wall surface, and for multiple-units signs, the area includes the lettering and the vertical and horizontal spacing between letters which comprise the work or words that convey the message.

C.

"Canopy sign" means a type of building-mounted sign mounted under and supported by a permanent canopy, arcade, or portal, and the faces of which are perpendicular to the nearest facade.

D.

"Development sign" means any temporary sign erected on the premises of a construction project and designating the architect, contractor, designer or builder, or developer or the name and nature of the project.

E.

"Directional sign" means any sign which is designed and erected solely for the purpose of traffic or pedestrian direction and placed on the property to which or on which the public is directed, and which contains no advertising copy.

F.

"Freestanding sign" means a sign attached to or supported from the ground and not attached to a building; signs on walls or fences which are not an integral part of a building are freestanding signs.

G.

"Height of sign" means the vertical distance between the top of the curb or crown of the roadway and the top of the sign including ornamentation.

H.

"Pole sign" means a sign attached to or supported by poles. The bottom of the sign must be four feet or less, or if the bottom of the sign is greater than four feet, it must have a minimum height of seven feet.

I.

"Political sign" means any temporary sign that supports the candidacy of any candidate for public office or urges action on any other matter on the public ballot of primary, general or special elections.

J.

"Projecting sign" means any type of building-mounted sign, other than a wall sign or canopy sign, which projects from and is supported by a wall of a building.

K.

"Property sale, rental or lease sign" means any sign advertising the availability for sale, rental of land or buildings.

L.

"Residential development sign" means any temporary sign erected on the premises of a construction project and offering lots for sale designating the architect, contractor, designer, builder or developer, or the name and nature of the project.

M.

"Roof sign" means a type of building-mounted sign which projects from and is supported by the roof of a building.

N.

"Wall sign" means a sign flush to the exterior surface of a building, applied directly on the building, in a window, or a signboard attached flush to the building, projecting no more than six inches from the building surface and not projecting above the roof surface; however, light sources aimed at the wall sign may project further.

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

"Special event" means a one-time event such as, but not limited to, fundraisers, benefits, specials and community activities.

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

"Specific plan" means a detailed element of the general plan enacted under the provisions of this title or a prior statute.

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

"Commercial stable" means a structure including, but not limited to, a corral or paddock for the keeping of horses for remuneration, hire or sale.

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

"Private stable" means a detached accessory structure including, but not limited to, a corral or paddock for the keeping of one or more horses owned by the occupants of the premises and which are not kept for remuneration, hire or sale.

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

"Street" means a right-of-way dedicated and accepted by the town for public uses, which provides the principal vehicular access to adjacent properties. 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.

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

"Street line" means a boundary line between street rights-of-way and abutting property.

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

"Structure" means anything constructed or erected which requires a fixed location on the ground, including a building but not including a fence or wall used as a fence.

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

"Subdivision" means improved or unimproved land or lands divided for the purpose of financing, sale or lease, whether immediate or future, into four or more lots, tracts or parcels of land, or, if a new street is involved, any such property which is divided into two or more lots, tracts or parcels of land, or any such property of which the boundaries have been fixed by a recorded plat, which is divided into more than two parts. "Subdivision" also includes any condominium, cooperative, community apartment, townhouse or similar project containing four 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.

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

"Temporary residential use" means a residence that is:

A.

Located on the same lot as a residence made uninhabitable by some natural disaster and occupied by the persons displaced by such disaster;

B.

Located on the same lot as a residence undergoing construction and occupied by the persons intending to live in such permanent residence;

C.

Located on a nonresidential construction site and occupied by persons having construction or security responsibilities over such construction site;

D.

Located on the same lot as a residence and is occupied by a family member who requires special care and is aged, infirm or for health-related reasons is incapable of maintaining a complete separate residence.

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

"Tiny Homes" means a residence that is:

A.

A single-family home not more than four hundred square feet and no less than one hundred sixty square feet if manufactured offsite and tow hundred to four hundred square feet if site-built and compliant with current building codes;

B.

A tiny house licensed as a Travel Vehicle by the State of Arizona that meets RV requirements, is self-contained, and is only permitted in existing RV Parks;

C.

Tiny Homes are considered manufactured homes in AR-20R, AR-43R, R1-10R, and R2-7R zones and are not permitted in those zones.

(Ord. No. 2019-01, Exh. A, 4-2-2019; Ord. No. 2025-02, § 1, 8-5-2025)

"Travel trailer" means a portable structure without motive power, with wheels built on a chassis, designed as a temporary dwelling for travel, recreation and vacation purposes. Any such unit under four hundred square feet is considered a travel trailer. (See also the definition of "recreational vehicle.")

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

"Use" means the purpose for which a site or structure is arranged, designed, intended, constructed, moved, erected, altered or enlarged or for which either a site or structure is or may be occupied and maintained.

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

"Accessory use" means a use which is incidental, related, appropriate and clearly subordinate to the principal use of the lot or building, and which does not alter the principal use of the lot or building.

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

"Conditional use" means a use not normally allowed in a designated zone unless they are made to comply with conditions, which make them compatible with other uses in the same zone. Such uses require the approval of the planning and zoning commission before the community development director may issue a permit. Conditional uses require individual consideration of surrounding conditions and circum-stances and conditions set forth in this title that shall be deemed to be the minimum requirements that must be complied with.

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

"Permitted use," means a use, which is listed as a permitted use in any given zone district. Such use shall be allowed to establish within that zone district, subject to the specific requirements of this title.

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

"Variance" means a deviation from the existing requirements of this title due to hardships specific to the site, i.e., size, shape, topography, etc. Such deviation may apply to standards and criteria but does not apply to use.

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

"Yard" means the open and unoccupied space on a lot or parcel that is required by this title.

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

"Front yard" means a yard, the depth of which is the minimum required horizontal distance between the front lot line and a line parallel thereto on the lot, which yard extends across the full width of the lot.

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

"Rear yard" means a yard, the depth of which is the minimum required horizontal distance between the rear lot line and a line parallel thereto on the lot, which yard extends across the full width of the lot.

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

"Side yard" means a yard, the width of which is the minimum required horizontal distance between the side lot line and a line parallel thereto on the lot, not including any portion of required front yard or required rear yard.

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

"Zone" means a district classification established by this title that limits or permits various and specific uses.

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

"Zoning ordinance" means a municipal ordinance regulating the use of land, structures or both.

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