3.- DEFINITIONS
For the purpose of this chapter, certain terms and words are hereby defined, though some sections define terms specific to that particular section. Words used in the present tense shall include the future; the singular number shall include the plural, and the plural shall include the singular; the word "building" shall include the word "structure," the word "lot" shall include the word "plot"; the word "may" is permissive, and the word "shall" is mandatory; further, the word "or" shall mean "either" and the word "and" shall mean "in conjunction with". Zone shall mean district. The following additional words and phrases shall, for the purpose of this chapter, have the following meanings:
Access or access way shall mean 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 Code.
Accessory building shall mean a subordinate building or portion of the main building on the same lot or building site, the use of which is incidental to that of the main building and which is used exclusively by the occupants of the main buildings or their non-paying guests or employees.
Accessory structures for manufactured homes and park model recreational home. Storage buildings, decks, awnings, patios and similar structures. Patio enclosures which may include window screens, knee walls, and other partial enclosures as specified in the building code which are intended for sheltered recreation area, and not intended to be used as sleeping rooms or livable area.
Accessory use shall mean a use customarily incidental, related, appropriate and clearly subordinate to the main use of the lot or building, which accessory use does not alter the principal use of the subject lot or building or adversely affect other properties in the district.
Addition shall mean an extension or increase in floor area or height of a building or structure.
Adjoining lot or land shall mean a lot or parcel of land which shares all or part of a common lot line with another lot or parcel of land.
Affected property shall mean the proposed site of rezoning including rights-of-way to centerline.
Alley shall mean a way dedicated to the public which affords a secondary means of access to contiguous property.
Alteration shall mean a change in construction or a change in occupancy. Where the term of alteration is applied to a change of construction, it is intended to apply to any change, addition, or modification in construction. When the term is used in connection with a change of occupancy, it is intended to apply to changes of occupancy from one trade or use to another. When the term is used in connection with a historic building, structure or object, it is intended to apply to any change or rearrangement in the supporting members of an existing building, such as bearing walls, columns, beams, girders, or interior partitions, as well as any change in doors or windows, or any enlargement to or diminution of a building or structure, whether horizontally or vertically, or the moving of a building or structure from one location to another.
Amendment shall mean a change in the wording, context, or substance of this chapter, an addition or deletion, or a change in the district boundaries or classifications upon the district map, which imposes any regulation not heretofore imposed or removed or modifies any such regulation theretofore imposed.
Analogous use shall mean any use which is comparable to the permitted uses, is similar in one or more important ways to the permitted uses or resembles the permitted uses in one or more aspects. Analogous uses shall not be anymore deleterious, obnoxious or harmful than the uses permitted.
Archaeologically significant is a site which has revealed or has the potential of revealing important information regarding the lifestyles of prehistoric peoples and/or cultures which occupied the City and surrounding region in prehistoric and historic times.
Buildable area shall mean the net portion of the lot remaining after deducting all required yards from the gross area of a lot or building site.
Building shall mean any structure having a roof supported by columns or walls and originally or presently intended for the shelter, housing, or enclosure of any individual, animal, chattels, process, equipment, goods, property, or materials of any kind. Each portion of a building separated by dividing wall or walls without openings may be deemed a separate building for the purpose of issuing building permits. This does not include dog houses, play houses, etc.
Building, height of shall mean the vertical distance from the grade to the highest point of the coping of a flat roof, or to the highest point of a mansard roof, or to the highest gable of a pitch or hip roof.
Building permit shall mean written permission issued by the building office for the construction, repair, alteration, or addition to a building or structure.
Building site shall mean the ground area of a building or buildings together with all open spaces adjacent thereto as required by this Code.
Carport shall mean an accessory building, attached or detached, or portion of a main building with two or more open sides designated or used for the parking of motor vehicles. Enclosed storage facilities may be provided as part of a carport.
City shall mean the City of Globe, Arizona.
Collector streets shall mean a street that collects traffic from several smaller streets within a residential neighborhood. It should serve as a major access from a neighborhood to an arterial street or highway.
Communication tower means a free-standing or building mounted structure, including appurtenances and antennae, intended for airway communication purposes, such as a television antenna, cellular phone tower, HAM radio tower and satellite dish.
Conditional use shall mean a use permitted in any particular zoning district only upon a showing that such use in a specified location will comply with all the conditions and standards for the location or operation of such use as specified in this chapter.
Continuity means the state or quality of being in order, forming a continuous whole.
Contributing structure means any structure located within a designated HP district which, when evaluated separately, would substantially meet the criteria for individual designation.
Conventional construction shall mean a structure or dwelling constructed on the site by craftsmen utilizing materials delivered to the site. Said structure shall consist of footings and foundations poured in place and solidly attached to the walls. Roofing materials, interior and exterior finishes shall be applied on the site. All construction shall be in conformance with all City codes in force at the time of construction.
Demolish. When the term is used in connection with a historic building, structure or object, it means to pull down or tear down a structure without regard to maintaining the visual or structural integrity of its various components.
Designation. When the term is used in connection with a historic building, structure or object, it means the process through which a site, structure, objects or district is officially recognized as worthy of preservation.
District shall mean any zone as shown on the zoning map of the City of Globe for which there are uniform regulations governing the use of buildings and premises or the height and area of buildings.
Dwelling, duplex shall mean a building containing only two dwelling units.
Dwelling, multiple shall mean a building or portion thereof containing three or more dwelling units.
Dwelling, one-family shall mean a building containing only a single dwelling unit.
Dwelling unit shall mean an enclosed space providing complete independent living facilities for a family including, permanent provisions for living, sleeping, eating, cooking, and sanitation.
Family shall mean any number of individuals related by blood or marriage or not more than five unrelated persons customarily living together as a single housekeeping unit, and using common cooking facilities, as distinguished from a group occupying a hotel or club. A family shall be deemed to include domestic servants.
Fence means a freestanding structure of metal, masonry, composition or wood or any combination thereof resting on or partially buried in the ground and rising above ground level, and used for confinement, screening or partition purposes.
Frontage shall mean that portion of a parcel of property which abuts a public street.
Garage, private shall mean an accessory building or portion of the main building designed or used for the shelter or storage of self-propelled vehicles owned or operated by the occupants of the main building.
Grade shall mean elevations for purposes of height limitations shall be measured from natural grade. Natural grade shall be the natural and original ground level. It shall be determined from an original topography or, in case grading or filling has been performed, from the level of adjoining streets, or sidewalks. Wherever a building or wall is constructed adjoining a street, the grade shall be measured from the back of the sidewalk or, in case there is no sidewalk, then either from the center of the paving or the street.
Group homes for the handicapped means a facility licensed or authorized by a governmental authority having jurisdiction over operations for persons with disabilities who reside together as a single housekeeping unit and who receive care, supervision, or counseling from one or more staff persons. This use includes assisted living homes; homes for the mentally ill, group care agencies, hospice and similar residential living arrangements for handicapped persons, but shall not include nursing homes, recovery homes, or shelter care facilities.
Handicapped means a person who:
(a)
Has a physical or mental impairment that substantially limits one or more of such person's major life activities; or
(b)
Has a record of having such an impairment; or
(c)
Is regarded as having such impairment.
"Handicapped" shall not include current illegal use of or addiction to a controlled substance (as defined in Section 102 of the Controlled Substance Act [21 United States Code 802]).
Harmony means possessing characteristics aesthetically similar to the surrounding built environment.
Historic Preservation (HP) District is an area within the City consisting of either seven or more properties, whether or not separated by a street, or total cumulative street frontage of 300 feet, but in no case fewer than four properties, constructed or occupied prior to 1935, and united by an association with past events in the City's history, common architectural heritage, or possessing cultural, aesthetic, or educational value.
Historically significant is a site, structure, object, place, view, or district which exemplifies or reflects special elements of the City's cultural, social, economic, political, aesthetic, engineering, or architectural past; which embodies distinguishing characteristics of a style, period, method of construction, or development or serves as a valuable example of the use of indigenous materials or craftsmanship in the City's history; which represents the notable work of a master builder, designer, or architect; which represents a rare building type, style, design, or indigenous building form; or which is identifiable with a person or event significant in local, state, or national history.
Home occupation shall mean a business activity carried on by the occupant of a dwelling as a secondary use, including professional and semi-professional offices, when conducted and entered from within the dwelling. In connection with said business activity there can be no sale of stock-in-trade upon the premises. No more than one non-resident of the premises can be employed and no more than one-fourth of the floor area of one story of the main building or a detached home workshop of not more than 400 square feet in area can be used for such home occupation; and provided that the residential character of the dwelling is not changed by said business use and that such occupation does not cause any sustained, unpleasant or unusual noises or vibrations, or noxious fumes or odors, or cause any parking or traffic congestion in the immediate neighborhood. No signs may be erected or maintained outside said dwelling to advertise any business or occupation.
Inspector shall mean Building Inspector or any of his/her Deputy Inspectors.
Linkage. The association or correlation of two or more sites, buildings, structure, or objects because of location, setting, and similarity of time, place and/or other characteristics.
Lot shall mean a legally created parcel of land occupied or intended for occupancy by one main building together with its accessory buildings, and uses customarily incident to it, including the open spaces required by this Code and having its principal frontage upon a street as defined in this chapter.
Lot area shall mean the total horizontal area included within the lot lines not including any area in a public way.
Lot, corner shall mean a lot adjoining two or more streets at their intersection.
Lot coverage shall mean that part or percentage of a lot occupied by principal and/or accessory buildings.
Lot, depth of shall mean the mean horizontal distance between the front and rear lot lines.
Lot, interior shall mean a lot other than a corner lot or key lot.
Lot line, front shall mean in the case of a lot abutting only one street, the line separating such lot from the street. In the case of a corner or through lot, the owner may elect any street lot line as the front lot line, provided such choice in the opinion of the Zoning Administrator will not be injurious to the existing or desirable future development of adjacent properties.
Lot line, rear shall mean the lot line which is opposite and most distant from the front lot line. The rear lot line of an irregular, triangular lot shall, for the purpose of this chapter, be a line entirely within the lot at least ten feet long and parallel to and most distant from the front lot line.
Lot of record shall mean a lot which is a part of a subdivision, the plat of which has been recorded in the office of the Clerk of Gila County Recorder's Office; or parcel of land, the deed of which is recorded in the office of the County Recorder.
Lot width shall mean the mean horizontal width of the lot measured at right angles to the depth.
Major alteration means the alteration of any historic designated building or structure costing in excess of 50 percent of the total value of the structure, involving more than 50 percent of the floor area or involving modification to 25 percent or more of the facade or exterior. For non-contributing buildings or structures within designated historic districts, modifications involving 50 percent or more of the facade or exterior.
Manufactured home shall mean a structure that has been certified as a manufactured home by the applicable State of Arizona or United States government agency 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.
Manufactured home, multi-sectional shall mean a multi-sectional manufactured home not exceeding two stories in height and manufactured after June 15, 1976, to standards established by the U.S. Department of Housing Urban Development that when joined form a residence for human occupancy that contains 940 square feet or more and which is designed to be installed on a permanent foundation system when located on an individual lot of record. A multi-sectional manufactured home shall have roofing and siding materials similar in appearance and kind to those used in site built (conventional) homes.
Manufactured home park shall mean a tract or parcel of land approved pursuant to this chapter for placement of manufactured homes used for sleeping or household purposes.
Manufactured home space shall mean a plot of ground within a manufactured home park designed for the accommodation of one manufactured home.
Manufactured home subdivision shall mean a residential subdivision as shown in the records of the Gila County Recorder's Office, designed and approved in accordance with planned area development and subdivision regulations of this Code, in which individual ownership of a lot is permitted for the placement of a manufactured home for dwelling unit purposes.
Mobile home shall mean a structure 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 except recreational vehicles and factory-built buildings.
Modular home/dwelling/structure shall mean a "factory built building"; a single story commercial building of less than 4,500 square foot floor space; a residential building not exceeding two stories in height, 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 mobile home or a manufactured home as defined in this section. Modular homes shall be placed on a foundation system as per the current building code of the City of Globe.
Net lot area is the area of a lot or parcel excluding all dedicated streets, alleys, roadway or alley easements.
Non-conforming building shall mean a building or portion thereof which was lawful when established but which does not conform to a subsequently established district or district regulations.
Non-conforming lot shall mean a parcel of land having less area, frontage or dimensions than required in the district in which it is located.
Non-conforming use shall mean any building or land lawfully occupied by a use at the time of passage of the original zoning ordinance, June, 1998, or amendment thereto which does not conform after the passage of said ordinance or amendment thereto with the use regulations of the district in which located.
Object. When the term is used in connection with a historic nature, it means a material thing occurring in nature, such as a rock, tree, or geologic feature, but not a structure, that is closely associated with past human events.
Open space shall mean space which can be enjoyed by people. This could include landscaped plazas, grass, desert washes, areas with natural open features, trees, shrubs, fountains, sitting areas, shade structures for pedestrians, etc., and is meant to provide an open garden atmosphere. Open space does not include parking areas, vacant or undeveloped lots or any other space which does not contribute to the quality of the environment.
Ordinary maintenance and repair means regular, customary or usual care, reconstruction or renewal of any part of an existing building, structure or object, for the purpose of preserving said property and maintaining it in safe and sanitary condition.
Park model recreational home (PM-RH). A park model recreational home unit is defined as a park trailer home 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 320 square feet and not more than 400 square feet when it is set up. Park model homes shall be manufactured to the standards for park trailers AII9.5 of the American Standards Institute Code. A park model recreational home park or subdivision shall not include a recreational vehicle as defined herein.
Park model recreational home lot means a parcel of land within an approved park model recreational home subdivision, which is shown in the records of the Gila County Recorder's Office, and which was designed and intended for the accommodation of one park model recreational vehicle.
Park model recreational home park means an approved residential development as shown in the records of the City of Globe, in which individual spaces are provided for parking one park model recreational home per space for temporary portable housing purposes, whether or not a charge is made for such accommodation.
Park model recreational home space means a site within an approved park model recreational home park, which is shown in the records of the City of Globe, and which is designed and intended for the accommodation of one park model recreational home.
Park model recreational home subdivision means a residential subdivision as shown in the records of the Gila County Recorder's Office, designed and approved in accordance with the City of Globe's subdivision regulations, in which individual ownership of a lot is permitted for the placement of a park model recreational home for temporary portable housing purposes.
Permitted use shall mean a use specifically permitted or a use analogous to those specifically permitted.
Principle use shall mean the main use to which the premises are devoted and the primary purpose for which the premises exists.
Prohibited use shall mean a use not specifically permitted or a use analogous to those not specifically permitted.
Recovery residence means a dwelling unit or building used to provide a stable, clean and sober environment for individuals recovering from substance abuse. Individual residents do not live together as a single housekeeping unit and every person residing in the residence (excluding the operating staff and any minor children) is an "individual with a disability", as that term is used in the federal and State Fair Housing Laws. See A.R.S. § 36-2061, as amended.
Recreational vehicle shall mean a vehicular type unit 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 completed vehicle.
(c)
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 permit when towed by a motorized vehicle and has a trailer area of less than 320 square feet and shall include fifth wheel trailers. If a unit requires a size or weight permit, it shall be manufactured to the standards for park trailers set forth in (A) 114.5 of the American National Standards Institute Code.
(d)
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.
Remove means to move a building, structure, or object from its present location to some other location.
Renovate means to alter an existing building or structure by installing new components with the objective of giving the building or structure a more modern appearance or function.
Restore means to alter an existing building or structure with the objective of replicating its appearance at the time of its original construction.
Sign shall mean any visual communications which is used to attract the attention of the public, when the display is visible beyond the boundaries of the property. Refer to Article 14-13 for signage specific terms and definitions.
Significant alteration. See "major alteration".
Site means any plot or parcel of land or combination of contiguous lots or parcels of land.
Structural alterations shall mean any change in the supporting members of a building, such as bearing walls or partitions, columns, beams or girders, or any complete rebuilding of the roof.
Structure shall mean any artificial piece of work constructed or erected, the use of which requires a location on the ground or attached to something having a location on the ground. When the term is used for historical reference, it means a combination of materials to form a construction for use, occupancy, or ornamentation, whether installed on, above, or below the surface of land or water.
Use means the purpose or activity for which land or buildings are designed, arranged, or intended, or for which land or buildings are occupied or maintained.
Utility. Unless defined otherwise under federal or state law:
Facilities. Buildings, structures or land used by a utility, railroad, governmental agency or company working under contract for a utility, railroad or governmental agency, utility or governmental agency for water or sewage treatment plants, electric substations, telephone exchanges, resource recovery facilities or similar uses. This definition excludes: utility service yards, ancillary underground power or pipeline and appurtenances necessary to serve the surrounding territory, wireless communication facilities, over-the-air reception devices, large satellite dishes, satellite earth stations, well sites, or amateur radio facilities.
Service yard. Buildings, structures, or land used by a utility, railroad, or governmental agency for the purpose of storing and maintaining vehicles, equipment and materials.
Well site. Groundwater extraction well locations, including pumps and associated equipment, not located within a building.
Yard shall mean an open area at grade level between a building and the adjoining lot lines, unoccupied and unobstructed by any portion of a structure from the ground upward, except as otherwise provided herein. In measuring a yard for the purpose of determining the width of a side yard, the depth of a front yard or depth of a rear yard, the minimum horizontal distance between the lot line and the main building shall be used.
Yard, front shall mean an open unoccupied space on the same lot with a main building, extending the full width of the lot and situated between the street line and the front line of the building projected to the side lines of the lot. The front yard of a corner lot may be either street frontage. Double frontage lots within districts that require front yards shall maintain the required front yard on both streets.
Yard, rear shall mean an open space on the same lot with a main building between the rear line of the building and the rear line of the lot extending the full width of the lot. The rear yard shall always be opposite the front yard.
Yard, side shall mean an open unoccupied space on the same lot with a main building situated between the building and the side line of the lot and extending from the front yard to the rear yard. Any lot line not a rear line or a front line shall be deemed a side lot line. An interior side yard is defined as the side yard adjacent to a common lot line. An exterior side yard is defined as the side yard adjacent to a private street or public rights-of-way.
Zoning area shall mean, for the purpose of a legal protest, the area of the affected property and the area within 150 feet of the affected property subject to the proposed change, including all rights-of-way.
(Res. No. 1791, Exh. A, 11-27-2018; Ord. No. 855, § 1, 11-27-2018; Res. No. 1856, Exh. A, 5-24-2022; Res. No. 1857, Exh. A, 5-24-2022; Ord. No. 881, § I, 5-24-2022; Ord. No. 882, § I, 5-24-2022)
3.- DEFINITIONS
For the purpose of this chapter, certain terms and words are hereby defined, though some sections define terms specific to that particular section. Words used in the present tense shall include the future; the singular number shall include the plural, and the plural shall include the singular; the word "building" shall include the word "structure," the word "lot" shall include the word "plot"; the word "may" is permissive, and the word "shall" is mandatory; further, the word "or" shall mean "either" and the word "and" shall mean "in conjunction with". Zone shall mean district. The following additional words and phrases shall, for the purpose of this chapter, have the following meanings:
Access or access way shall mean 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 Code.
Accessory building shall mean a subordinate building or portion of the main building on the same lot or building site, the use of which is incidental to that of the main building and which is used exclusively by the occupants of the main buildings or their non-paying guests or employees.
Accessory structures for manufactured homes and park model recreational home. Storage buildings, decks, awnings, patios and similar structures. Patio enclosures which may include window screens, knee walls, and other partial enclosures as specified in the building code which are intended for sheltered recreation area, and not intended to be used as sleeping rooms or livable area.
Accessory use shall mean a use customarily incidental, related, appropriate and clearly subordinate to the main use of the lot or building, which accessory use does not alter the principal use of the subject lot or building or adversely affect other properties in the district.
Addition shall mean an extension or increase in floor area or height of a building or structure.
Adjoining lot or land shall mean a lot or parcel of land which shares all or part of a common lot line with another lot or parcel of land.
Affected property shall mean the proposed site of rezoning including rights-of-way to centerline.
Alley shall mean a way dedicated to the public which affords a secondary means of access to contiguous property.
Alteration shall mean a change in construction or a change in occupancy. Where the term of alteration is applied to a change of construction, it is intended to apply to any change, addition, or modification in construction. When the term is used in connection with a change of occupancy, it is intended to apply to changes of occupancy from one trade or use to another. When the term is used in connection with a historic building, structure or object, it is intended to apply to any change or rearrangement in the supporting members of an existing building, such as bearing walls, columns, beams, girders, or interior partitions, as well as any change in doors or windows, or any enlargement to or diminution of a building or structure, whether horizontally or vertically, or the moving of a building or structure from one location to another.
Amendment shall mean a change in the wording, context, or substance of this chapter, an addition or deletion, or a change in the district boundaries or classifications upon the district map, which imposes any regulation not heretofore imposed or removed or modifies any such regulation theretofore imposed.
Analogous use shall mean any use which is comparable to the permitted uses, is similar in one or more important ways to the permitted uses or resembles the permitted uses in one or more aspects. Analogous uses shall not be anymore deleterious, obnoxious or harmful than the uses permitted.
Archaeologically significant is a site which has revealed or has the potential of revealing important information regarding the lifestyles of prehistoric peoples and/or cultures which occupied the City and surrounding region in prehistoric and historic times.
Buildable area shall mean the net portion of the lot remaining after deducting all required yards from the gross area of a lot or building site.
Building shall mean any structure having a roof supported by columns or walls and originally or presently intended for the shelter, housing, or enclosure of any individual, animal, chattels, process, equipment, goods, property, or materials of any kind. Each portion of a building separated by dividing wall or walls without openings may be deemed a separate building for the purpose of issuing building permits. This does not include dog houses, play houses, etc.
Building, height of shall mean the vertical distance from the grade to the highest point of the coping of a flat roof, or to the highest point of a mansard roof, or to the highest gable of a pitch or hip roof.
Building permit shall mean written permission issued by the building office for the construction, repair, alteration, or addition to a building or structure.
Building site shall mean the ground area of a building or buildings together with all open spaces adjacent thereto as required by this Code.
Carport shall mean an accessory building, attached or detached, or portion of a main building with two or more open sides designated or used for the parking of motor vehicles. Enclosed storage facilities may be provided as part of a carport.
City shall mean the City of Globe, Arizona.
Collector streets shall mean a street that collects traffic from several smaller streets within a residential neighborhood. It should serve as a major access from a neighborhood to an arterial street or highway.
Communication tower means a free-standing or building mounted structure, including appurtenances and antennae, intended for airway communication purposes, such as a television antenna, cellular phone tower, HAM radio tower and satellite dish.
Conditional use shall mean a use permitted in any particular zoning district only upon a showing that such use in a specified location will comply with all the conditions and standards for the location or operation of such use as specified in this chapter.
Continuity means the state or quality of being in order, forming a continuous whole.
Contributing structure means any structure located within a designated HP district which, when evaluated separately, would substantially meet the criteria for individual designation.
Conventional construction shall mean a structure or dwelling constructed on the site by craftsmen utilizing materials delivered to the site. Said structure shall consist of footings and foundations poured in place and solidly attached to the walls. Roofing materials, interior and exterior finishes shall be applied on the site. All construction shall be in conformance with all City codes in force at the time of construction.
Demolish. When the term is used in connection with a historic building, structure or object, it means to pull down or tear down a structure without regard to maintaining the visual or structural integrity of its various components.
Designation. When the term is used in connection with a historic building, structure or object, it means the process through which a site, structure, objects or district is officially recognized as worthy of preservation.
District shall mean any zone as shown on the zoning map of the City of Globe for which there are uniform regulations governing the use of buildings and premises or the height and area of buildings.
Dwelling, duplex shall mean a building containing only two dwelling units.
Dwelling, multiple shall mean a building or portion thereof containing three or more dwelling units.
Dwelling, one-family shall mean a building containing only a single dwelling unit.
Dwelling unit shall mean an enclosed space providing complete independent living facilities for a family including, permanent provisions for living, sleeping, eating, cooking, and sanitation.
Family shall mean any number of individuals related by blood or marriage or not more than five unrelated persons customarily living together as a single housekeeping unit, and using common cooking facilities, as distinguished from a group occupying a hotel or club. A family shall be deemed to include domestic servants.
Fence means a freestanding structure of metal, masonry, composition or wood or any combination thereof resting on or partially buried in the ground and rising above ground level, and used for confinement, screening or partition purposes.
Frontage shall mean that portion of a parcel of property which abuts a public street.
Garage, private shall mean an accessory building or portion of the main building designed or used for the shelter or storage of self-propelled vehicles owned or operated by the occupants of the main building.
Grade shall mean elevations for purposes of height limitations shall be measured from natural grade. Natural grade shall be the natural and original ground level. It shall be determined from an original topography or, in case grading or filling has been performed, from the level of adjoining streets, or sidewalks. Wherever a building or wall is constructed adjoining a street, the grade shall be measured from the back of the sidewalk or, in case there is no sidewalk, then either from the center of the paving or the street.
Group homes for the handicapped means a facility licensed or authorized by a governmental authority having jurisdiction over operations for persons with disabilities who reside together as a single housekeeping unit and who receive care, supervision, or counseling from one or more staff persons. This use includes assisted living homes; homes for the mentally ill, group care agencies, hospice and similar residential living arrangements for handicapped persons, but shall not include nursing homes, recovery homes, or shelter care facilities.
Handicapped means a person who:
(a)
Has a physical or mental impairment that substantially limits one or more of such person's major life activities; or
(b)
Has a record of having such an impairment; or
(c)
Is regarded as having such impairment.
"Handicapped" shall not include current illegal use of or addiction to a controlled substance (as defined in Section 102 of the Controlled Substance Act [21 United States Code 802]).
Harmony means possessing characteristics aesthetically similar to the surrounding built environment.
Historic Preservation (HP) District is an area within the City consisting of either seven or more properties, whether or not separated by a street, or total cumulative street frontage of 300 feet, but in no case fewer than four properties, constructed or occupied prior to 1935, and united by an association with past events in the City's history, common architectural heritage, or possessing cultural, aesthetic, or educational value.
Historically significant is a site, structure, object, place, view, or district which exemplifies or reflects special elements of the City's cultural, social, economic, political, aesthetic, engineering, or architectural past; which embodies distinguishing characteristics of a style, period, method of construction, or development or serves as a valuable example of the use of indigenous materials or craftsmanship in the City's history; which represents the notable work of a master builder, designer, or architect; which represents a rare building type, style, design, or indigenous building form; or which is identifiable with a person or event significant in local, state, or national history.
Home occupation shall mean a business activity carried on by the occupant of a dwelling as a secondary use, including professional and semi-professional offices, when conducted and entered from within the dwelling. In connection with said business activity there can be no sale of stock-in-trade upon the premises. No more than one non-resident of the premises can be employed and no more than one-fourth of the floor area of one story of the main building or a detached home workshop of not more than 400 square feet in area can be used for such home occupation; and provided that the residential character of the dwelling is not changed by said business use and that such occupation does not cause any sustained, unpleasant or unusual noises or vibrations, or noxious fumes or odors, or cause any parking or traffic congestion in the immediate neighborhood. No signs may be erected or maintained outside said dwelling to advertise any business or occupation.
Inspector shall mean Building Inspector or any of his/her Deputy Inspectors.
Linkage. The association or correlation of two or more sites, buildings, structure, or objects because of location, setting, and similarity of time, place and/or other characteristics.
Lot shall mean a legally created parcel of land occupied or intended for occupancy by one main building together with its accessory buildings, and uses customarily incident to it, including the open spaces required by this Code and having its principal frontage upon a street as defined in this chapter.
Lot area shall mean the total horizontal area included within the lot lines not including any area in a public way.
Lot, corner shall mean a lot adjoining two or more streets at their intersection.
Lot coverage shall mean that part or percentage of a lot occupied by principal and/or accessory buildings.
Lot, depth of shall mean the mean horizontal distance between the front and rear lot lines.
Lot, interior shall mean a lot other than a corner lot or key lot.
Lot line, front shall mean in the case of a lot abutting only one street, the line separating such lot from the street. In the case of a corner or through lot, the owner may elect any street lot line as the front lot line, provided such choice in the opinion of the Zoning Administrator will not be injurious to the existing or desirable future development of adjacent properties.
Lot line, rear shall mean the lot line which is opposite and most distant from the front lot line. The rear lot line of an irregular, triangular lot shall, for the purpose of this chapter, be a line entirely within the lot at least ten feet long and parallel to and most distant from the front lot line.
Lot of record shall mean a lot which is a part of a subdivision, the plat of which has been recorded in the office of the Clerk of Gila County Recorder's Office; or parcel of land, the deed of which is recorded in the office of the County Recorder.
Lot width shall mean the mean horizontal width of the lot measured at right angles to the depth.
Major alteration means the alteration of any historic designated building or structure costing in excess of 50 percent of the total value of the structure, involving more than 50 percent of the floor area or involving modification to 25 percent or more of the facade or exterior. For non-contributing buildings or structures within designated historic districts, modifications involving 50 percent or more of the facade or exterior.
Manufactured home shall mean a structure that has been certified as a manufactured home by the applicable State of Arizona or United States government agency 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.
Manufactured home, multi-sectional shall mean a multi-sectional manufactured home not exceeding two stories in height and manufactured after June 15, 1976, to standards established by the U.S. Department of Housing Urban Development that when joined form a residence for human occupancy that contains 940 square feet or more and which is designed to be installed on a permanent foundation system when located on an individual lot of record. A multi-sectional manufactured home shall have roofing and siding materials similar in appearance and kind to those used in site built (conventional) homes.
Manufactured home park shall mean a tract or parcel of land approved pursuant to this chapter for placement of manufactured homes used for sleeping or household purposes.
Manufactured home space shall mean a plot of ground within a manufactured home park designed for the accommodation of one manufactured home.
Manufactured home subdivision shall mean a residential subdivision as shown in the records of the Gila County Recorder's Office, designed and approved in accordance with planned area development and subdivision regulations of this Code, in which individual ownership of a lot is permitted for the placement of a manufactured home for dwelling unit purposes.
Mobile home shall mean a structure 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 except recreational vehicles and factory-built buildings.
Modular home/dwelling/structure shall mean a "factory built building"; a single story commercial building of less than 4,500 square foot floor space; a residential building not exceeding two stories in height, 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 mobile home or a manufactured home as defined in this section. Modular homes shall be placed on a foundation system as per the current building code of the City of Globe.
Net lot area is the area of a lot or parcel excluding all dedicated streets, alleys, roadway or alley easements.
Non-conforming building shall mean a building or portion thereof which was lawful when established but which does not conform to a subsequently established district or district regulations.
Non-conforming lot shall mean a parcel of land having less area, frontage or dimensions than required in the district in which it is located.
Non-conforming use shall mean any building or land lawfully occupied by a use at the time of passage of the original zoning ordinance, June, 1998, or amendment thereto which does not conform after the passage of said ordinance or amendment thereto with the use regulations of the district in which located.
Object. When the term is used in connection with a historic nature, it means a material thing occurring in nature, such as a rock, tree, or geologic feature, but not a structure, that is closely associated with past human events.
Open space shall mean space which can be enjoyed by people. This could include landscaped plazas, grass, desert washes, areas with natural open features, trees, shrubs, fountains, sitting areas, shade structures for pedestrians, etc., and is meant to provide an open garden atmosphere. Open space does not include parking areas, vacant or undeveloped lots or any other space which does not contribute to the quality of the environment.
Ordinary maintenance and repair means regular, customary or usual care, reconstruction or renewal of any part of an existing building, structure or object, for the purpose of preserving said property and maintaining it in safe and sanitary condition.
Park model recreational home (PM-RH). A park model recreational home unit is defined as a park trailer home 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 320 square feet and not more than 400 square feet when it is set up. Park model homes shall be manufactured to the standards for park trailers AII9.5 of the American Standards Institute Code. A park model recreational home park or subdivision shall not include a recreational vehicle as defined herein.
Park model recreational home lot means a parcel of land within an approved park model recreational home subdivision, which is shown in the records of the Gila County Recorder's Office, and which was designed and intended for the accommodation of one park model recreational vehicle.
Park model recreational home park means an approved residential development as shown in the records of the City of Globe, in which individual spaces are provided for parking one park model recreational home per space for temporary portable housing purposes, whether or not a charge is made for such accommodation.
Park model recreational home space means a site within an approved park model recreational home park, which is shown in the records of the City of Globe, and which is designed and intended for the accommodation of one park model recreational home.
Park model recreational home subdivision means a residential subdivision as shown in the records of the Gila County Recorder's Office, designed and approved in accordance with the City of Globe's subdivision regulations, in which individual ownership of a lot is permitted for the placement of a park model recreational home for temporary portable housing purposes.
Permitted use shall mean a use specifically permitted or a use analogous to those specifically permitted.
Principle use shall mean the main use to which the premises are devoted and the primary purpose for which the premises exists.
Prohibited use shall mean a use not specifically permitted or a use analogous to those not specifically permitted.
Recovery residence means a dwelling unit or building used to provide a stable, clean and sober environment for individuals recovering from substance abuse. Individual residents do not live together as a single housekeeping unit and every person residing in the residence (excluding the operating staff and any minor children) is an "individual with a disability", as that term is used in the federal and State Fair Housing Laws. See A.R.S. § 36-2061, as amended.
Recreational vehicle shall mean a vehicular type unit 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 completed vehicle.
(c)
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 permit when towed by a motorized vehicle and has a trailer area of less than 320 square feet and shall include fifth wheel trailers. If a unit requires a size or weight permit, it shall be manufactured to the standards for park trailers set forth in (A) 114.5 of the American National Standards Institute Code.
(d)
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.
Remove means to move a building, structure, or object from its present location to some other location.
Renovate means to alter an existing building or structure by installing new components with the objective of giving the building or structure a more modern appearance or function.
Restore means to alter an existing building or structure with the objective of replicating its appearance at the time of its original construction.
Sign shall mean any visual communications which is used to attract the attention of the public, when the display is visible beyond the boundaries of the property. Refer to Article 14-13 for signage specific terms and definitions.
Significant alteration. See "major alteration".
Site means any plot or parcel of land or combination of contiguous lots or parcels of land.
Structural alterations shall mean any change in the supporting members of a building, such as bearing walls or partitions, columns, beams or girders, or any complete rebuilding of the roof.
Structure shall mean any artificial piece of work constructed or erected, the use of which requires a location on the ground or attached to something having a location on the ground. When the term is used for historical reference, it means a combination of materials to form a construction for use, occupancy, or ornamentation, whether installed on, above, or below the surface of land or water.
Use means the purpose or activity for which land or buildings are designed, arranged, or intended, or for which land or buildings are occupied or maintained.
Utility. Unless defined otherwise under federal or state law:
Facilities. Buildings, structures or land used by a utility, railroad, governmental agency or company working under contract for a utility, railroad or governmental agency, utility or governmental agency for water or sewage treatment plants, electric substations, telephone exchanges, resource recovery facilities or similar uses. This definition excludes: utility service yards, ancillary underground power or pipeline and appurtenances necessary to serve the surrounding territory, wireless communication facilities, over-the-air reception devices, large satellite dishes, satellite earth stations, well sites, or amateur radio facilities.
Service yard. Buildings, structures, or land used by a utility, railroad, or governmental agency for the purpose of storing and maintaining vehicles, equipment and materials.
Well site. Groundwater extraction well locations, including pumps and associated equipment, not located within a building.
Yard shall mean an open area at grade level between a building and the adjoining lot lines, unoccupied and unobstructed by any portion of a structure from the ground upward, except as otherwise provided herein. In measuring a yard for the purpose of determining the width of a side yard, the depth of a front yard or depth of a rear yard, the minimum horizontal distance between the lot line and the main building shall be used.
Yard, front shall mean an open unoccupied space on the same lot with a main building, extending the full width of the lot and situated between the street line and the front line of the building projected to the side lines of the lot. The front yard of a corner lot may be either street frontage. Double frontage lots within districts that require front yards shall maintain the required front yard on both streets.
Yard, rear shall mean an open space on the same lot with a main building between the rear line of the building and the rear line of the lot extending the full width of the lot. The rear yard shall always be opposite the front yard.
Yard, side shall mean an open unoccupied space on the same lot with a main building situated between the building and the side line of the lot and extending from the front yard to the rear yard. Any lot line not a rear line or a front line shall be deemed a side lot line. An interior side yard is defined as the side yard adjacent to a common lot line. An exterior side yard is defined as the side yard adjacent to a private street or public rights-of-way.
Zoning area shall mean, for the purpose of a legal protest, the area of the affected property and the area within 150 feet of the affected property subject to the proposed change, including all rights-of-way.
(Res. No. 1791, Exh. A, 11-27-2018; Ord. No. 855, § 1, 11-27-2018; Res. No. 1856, Exh. A, 5-24-2022; Res. No. 1857, Exh. A, 5-24-2022; Ord. No. 881, § I, 5-24-2022; Ord. No. 882, § I, 5-24-2022)