It is the purpose of this chapter to define words, terms and phrases contained within this title for the purpose of promoting consistency and precision in the interpretation of the title.

(Code 1999, § 17.08.010; Ord. No. 96-347, § 1(11-2-1))

In the interpretation of this title, the provisions and rules of this section shall be observed and applied, except when the context clearly requires otherwise:

A.

Words used or defined in one tense or form shall include other tenses and derivative forms.

B.

Words in the singular number shall include the plural number, and words in the plural number shall include the singular number.

C.

Words of gender include all genders.

D.

The term "shall" is mandatory.

E.

The term "may" is permissive.

F.

The term "person" includes individuals, firms, corporations, associations, trusts, and any other similar entities.

G.

In case of any difference of meaning or implication between the text of this title and any captions, illustration or table, the text shall control.

(Code 1999, § 17.08.020; Ord. No. 96-347, § 1(11-2-2))

The following words, terms and phrases, when used in this title, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Commission means the city planning and zoning commission.

Committee means the development review committee.

Council means the city council.

Department means the city community development department.

Director means the director of the city community development department.

General plan means the city general plan.

(Code 1999, § 17.08.030; Ord. No. 96-347, § 1(11-2-3); Ord. No. 13-004, 4-8-2013)

The following words, terms and phrases, when used in this title, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Abut means to physically touch or border upon or to share a common boundary, property line, or right-of-way. Parcels having only one common corner are not considered as abutting parcels.

Access means the place, means, or ways by which pedestrians, vehicles, or both shall have safe, adequate and usable ingress/egress to a property or use. A private access is an access not in public ownership and controlled by means of deed, dedication or easement.

Accessory dwelling unit means a dwelling unit on the same lot with and of a nature customarily incidental and subordinate to the principal structure or use.

Accessory structure or use means a use of land or of a building or portion thereof customarily incidental and subordinate to the principal use of the land or building and located on the same lot with such principal use or building.

Acre means a measure of land area containing 43,560 square feet.

Active recreational areas means any public area designated and primarily used for athletic fields, playgrounds, golf courses, and other like uses.

Addition means an extension or increase in floor area or height of a building or structure.

ADHS means the Arizona Department of Health Service.

Adjoining lot or land means a lot or parcel of land which shares all or part of a common lot line with another lot or parcel of land.

Agent means any person, firm partnership, association, joint venture, corporation, or any other entity or combination of entities who represents or acts for or on behalf of a declarant.

Agricultural use means the production, keeping or maintenance for sale, lease, or personal use of plants or animals useful to humans, including, but not limited to, forages and sod crops, grains and seed crops, dairy animals and dairy products, poultry and poultry products, livestock, including beef cattle, sheep, horses, ponies, mules or goats or any mutations or hybrids thereof, including the breeding and grazing of any or all such animals, bees and apiary products, fur animals, trees and forest products, fruits of all kinds, including grapes, nuts and berries, vegetables, nursery, floral, ornamental and greenhouse products or lands devoted to a soil conservation or forestry management program.

Air pollution means the presence of contaminants in the air of concentrations that interfere directly or indirectly with human health, safety or comfort, or with the full use and enjoyment of a person's property.

Airport means an area of land that is used or intended to be used for the landing and take-off of aircraft, including its buildings and facilities, if any.

Airport elevation means the established elevation in feet above mean sea level of the highest runway threshold.

Airport hazard means any structure or object or manmade and/or natural growth located on or in the vicinity of an airport, or any use of land near such airport, which obstructs the airspace required for, or is otherwise hazardous to, the flight of aircraft in landing or take-off at such airport.

Aisle means the travel way by which cars enter and depart parking spaces.

Alley means a passage or way open to public travel, affording generally a secondary means of vehicular access to abutting lots or upon which service entrances of buildings abut, and not intended for general traffic circulation.

Alteration means 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 "alteration" 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.

Alternative tower structure means manmade trees, clock towers, bell steeples, light poles and similar alternative design mounting structures that camouflage or conceal the presence of antennas or towers.

Amendment means any change, modification, deletion or addition to the wording, text or substance of this title, or any change, modification, deletion or addition to the application of the title to property within the city. An amendment may include any alteration.

Amusement and recreation services means establishments engaged in providing amusement or entertainment for a fee or admission charge and including such activities as dance halls, studios, theatrical productions, bands, orchestras and other musical entertainment, bowling alleys, billiard and pool establishments, commercial sports such as arenas, rings, racetracks, public golf courses, and coin-operated devices, amusement parks, membership sports and recreation clubs, swimming pools, riding clubs, carnival operations, expositions, game parlors, and horse shows.

Antenna means any exterior transmitting or receiving device mounted on a tower, building or structure and used in communications that radiates or captures electromagnetic waves, digital signals, analog signals, radio frequencies (excluding radar signals), wireless telecommunications signals or other communication signals.

Apartment means one building or portion thereof which is designed, built, rented or leased for occupancy by three or more families living independently of each other and doing their own cooking in the same building.

Apartment unit means one or more rooms with a private bath and kitchen facilities comprising an independent, self-contained dwelling unit in a building containing three or more dwelling units.

Applicant means a person submitting an application for development, rezoning or other action.

Approach surface means a plane surface longitudinally centered on the extended runway centerline, extending outward and upward from the end of the primary surface and at the same slope as the approach zone height limitation slope set forth in this chapter. In plan view, the perimeter of the approach surface coincides with the perimeter of the approach zone.

Approval, conditional, means an affirmative action by the commission or council indicating that approval will be forthcoming upon satisfaction of certain specified stipulations.

Approval, final plat, means unconditional approval of a final plat by the council as evidenced by certification on the plat by the mayor and the clerk of the council; constitutes authorization to record a final plat.

Approval, preliminary plat, means the approval of the preliminary plat by the commission as evidenced in its meeting minutes and noted upon prints of the plat; constitutes authorization to proceed with final engineering plans and final plat preparation.

A.R.S. means the state of Arizona Revised Statutes.

Attic means the part of a building which is immediately below and wholly or partly within the roof framing.

Automatic car wash means a structure containing facilities for washing automobiles using a chain conveyor or other method of moving the cars along and in an automatic or semiautomatic application of cleaner, brushes, rinse water and heat for drying.

Automobile means a self-propelled free-moving vehicle with four or more wheels, primarily for conveyance on a street or roadway.

Automobile repair service and garages means establishments primarily engaged in furnishing automotive repair, including as an accessory use, vehicle rental, leasing and parking services to the general public.

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

Automobile service station means any building, land area, or other premises or portion thereof used, or intended to be used, for the retail dispensing or sales of vehicular fuels, including as an accessory use, the sale of groceries and the sale and installation of lubricants, batteries, tires and similar accessories.

Automobile wrecking yard. See Junkyard.

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

Base flood means the flood having a one percent chance of being equaled or exceeded in any given year.

Base map means a map having sufficient points of reference such as state, county or municipal boundary lines, streets, easements, and other selected physical features to allow the plotting of any other data.

Basement means a space having one-half or more of its floor-to-ceiling height below the average level of the adjoining ground and with a floor-to-ceiling height of not less than six and one-half feet.

Bed and breakfast means a private residence, several rooms of which are set aside for overnight guests whose paid accommodation includes breakfast.

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

Berm means a mound of earth or the act of pushing earth into a mound.

Block means that property abutting one side of the street and lying between the two nearest intersecting streets or nearest intersecting street on subdivided land.

Board means the city board of adjustment.

Boardinghouse means a dwelling in which three, four or five rooms are occupied as guest rooms and in which food may be served to the occupants thereof. Any dwelling in which more than five rooms are occupied as guest rooms shall be deemed to be a motel or hotel. The term "boardinghouse" shall not include buildings for persons requiring physical or mental care by reasons of age, infirmity or disease.

Building means any structure, either temporary or permanent, having a roof, supported by columns or walls, and used or built for the shelter or enclosure of persons, animals, chattels or property of any kind. The term "building" includes tents or awnings, situated on private property and used for the purposes of a building.

Building, accessory, means a subordinate structure on the same lot as the principal or main building or use occupied or devoted to a use incidental to a principal use.

Building, principal, means a building in which is conducted the principal use of the lot on which it is located.

Building area means the area of a lot remaining after the minimum yard and open space requirements have been met.

Building coverage means the horizontal area measured within the outside of the exterior walls of the ground floor of all principal and accessory buildings on a lot.

Building footprint means the ground area within the outside edges of the exterior walls of a building at design grade.

Building height means the vertical distance of a building measured from the average elevation of the finished grade within 20 feet of the structure to the highest point of the roof, facia, or parapet.

Building line means the line parallel to the street line at a distance equal to the depth of the front yard required for the zoning district in which the lot is located.

Building permit means written permission issued by the building inspector for the construction, repair, alteration or addition to a building or structure.

Bulk storage means the storage of chemicals, petroleum products, and other materials and aboveground containers for subsequent resale to distributors or retail dealers or outlets.

Carport means a roofed structure providing space for the parking or storage of motor vehicles and entirely open on two or more sides.

Certificate of occupancy means a document issued by the director allowing the occupancy or use of a building and certifying that the structure or use has been constructed or will be used in compliance with all the applicable codes of the city.

Ceiling height means clear vertical distance from the finished floor to the finished ceiling.

Change of use means any use which differs from the previous use of a building or land.

Child care center means a private facility maintained for the purpose of providing care, supervision or training for five or more children under the age of 16 years and not related to the proprietor, for periods of more than one hour but less than 24 hours per day, apart from their parents or guardians, for compensation.

Chimney means a structure containing one or more flues for drawing off emissions from stationary sources of combustion.

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

Clinic means an establishment where patients are admitted for examination and treatment by one or more medical practitioners, typically physicians, dentists, psychologists or social workers and where patients are not usually lodged overnight.

Club means a group of people organized for a common purpose to pursue common goals, interests and activities, and usually characterized by certain membership qualifications, payment of fees and dues, regular meetings, and constitutions and bylaws.

Commercial vehicle means any motor vehicle licensed by the state as a commercial vehicle.

Common accessway means a commonly shared or used pedestrian or vehicular way that connects or serves two or more properties.

Common area means areas in a development designated for common use, but not including active recreational areas in developments.

Common ownership means ownership by one or more individuals in any form of ownership.

Common wall. See Party wall.

Conditional use means a use which, although not permitted by right in a given zoning district, would become harmonious or compatible with neighboring uses through the establishment and maintenance of qualifying conditions.

Conditional use permit means a permit issued in conjunction with the establishment of a conditional use setting forth by incorporation or reference all qualifying conditions governing the use of the property.

Condominium means real estate, portions of which are designated for separate ownership with the remainder designated for common ownership by the owners of the separate portions. Real estate is not a condominium unless the undivided interests in the common elements are vested in the unit owners.

Condominium association means a community association which administers and maintains the common property and common elements of a condominium.

Construction permit means a permit required for the erection, alteration or extension of the structure.

Contiguous means in contact with.

Council means the mayor and council of the city.

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

Cul-de-sac. See Street, cul-de-sac.

Curb cut means the opening along the curb line at which point vehicles may enter or leave the roadway.

Dedication means the designation of land by its owner for any general or public use.

Density means the number of dwelling units per unit of land.

Department means the city community development department.

Detention basin means a storage facility for the temporary storage of stormwater runoff with metered discharge.

Developer means the legal or beneficial owner of a lot or of any land included in the proposed development including a holder of an option or contract to purchase or other persons having enforceable, proprietary interests in such land.

Development review committee means the committee comprised of representatives from local public agencies having jurisdictional authority over development in the city limits. The development review committee serves in an advisory capacity to the commission and provides comments and recommendations on applications for land development and proposed amendments to the land development regulations and ordinances. The chairman of the commission may appoint a member of the commission to serve on the development review committee.

Director means the director of the city community development department.

Display surface means the area available on a sign for the purpose of displaying the message.

District means a portion of the city within which certain uniform regulations and requirements or various combinations thereof apply under the provisions of this title.

Drainage means:

1.

Surface water runoff;

2.

The removal of surface water from land from drains, grading, or other means which include runoff controls to minimize erosion and sedimentation during and after construction of development;

3.

The means for preserving the water supply and the prevention or alleviation of flooding.

Drainageway means any natural or artificial watercourse, trench, ditch, swale, or similar depression into which surface water flows.

Drive-in restaurant means a building or portion thereof where food and/or beverages are sold in a form ready for consumption and where all or a significant portion of the consumption takes place or is designed to take place outside the confines of the building, often in a motor vehicle.

Driveway means a private roadway providing access for vehicles to a parking space, garage, dwelling, or other structure.

Dwelling means an enclosed space providing complete independent living facilities for a family, including permanent provisions for living, sleeping, eating, cooking and sanitation.

Dwelling, attached, means a one-family dwelling attached to one or more one-family dwellings by common vertical walls and each dwelling located on its own lot.

Dwelling, conventional, means a single or multifamily dwelling constructed on the site utilizing basic materials delivered to the site or manufactured on the site. Said dwelling shall consist of a permanent foundation with solidly attached walls, which shall be constructed in place. Roofing materials, interior and exterior finishes, and other building components shall be installed on site.

Dwelling, detached, means a dwelling which is not attached to any other dwelling by any means.

Dwelling, multifamily, means a building designed exclusively for occupancy by three or more families living independently of each other (e.g., apartment building or condominiums).

Dwelling, single-family, means a building containing one dwelling unit.

Dwelling, single-family detached, means a dwelling which is designed for and not occupied by more than one family and surrounded by open space or yards and which is not attached to any other building by any means.

Dwelling, townhouse, means one in a row of homes that share common walls. Unlike a condominium, townhouse ownership includes individual ownership of the land. There can also be common elements such as a central courtyard that would have shared ownership.

Dwelling, two-family, means a structure on a single lot containing two dwelling units each of which is totally separated from each other by a common wall extending from ground to roof or an unpierced ceiling and floor extending from exterior wall to exterior wall except for a common stairwell exterior to both dwelling units. The term "two-family dwelling" is also known as a duplex.

Easement means a grant of one or more of the property rights by the property owner to and/or for the use by the public, a corporation, or other person or entity.

Efficient irrigation system means a permanent system that delivers water in sufficient supply to meet the turf, plants, and trees water consumption requirements, directly to the plant material without causing loss of water due to surface runoff, excessive infiltration, or excessive evaporation.

Egress means an exit.

Elevation means:

1.

A vertical distance above or below a fixed reference level;

2.

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

Enlargement means an increase in the size of an existing structure.

EPA means the Environmental Protection Agency.

Excavation means removal or recovery by any means whatsoever of soil, rocks, minerals, mineral substances, or organic substances other than vegetation from water or land on or beneath the surface thereof or beneath the land surface, whether exposed or submerged.

Existing grade or elevation means the vertical location of the ground surface prior to excavating or filling.

Existing use means the use of a lot or structure at the time of the enactment of the ordinance codified in this title.

Exterior wall means any wall which defines the exterior boundaries of a building or structure.

FAA means the Federal Aviation Administration.

Facade means the exterior wall of a building exposed to public view or that wall viewed by persons not within the building.

Family means:

1.

An individual or two or more persons related by blood, marriage or adoption, living together as a single housekeeping unit in a dwelling unit; or

2.

Not more than five persons, who need not be related, living together as a single housekeeping unit within a dwelling.

Farmers market means a public market usually held out-of-doors where farmers and other vendors sell produce, meat products and sometimes prepared foods and beverages directly to the public.

Fast food service means the retail sales in a building of convenience food or specialty menu items, and ordered and served at a counter or window, whether for consumption on or off the premises, when the facility is designed primarily to serve customers arriving by automobile.

FCC means the Federal Communications Commission.

Fence means an artificially constructed barrier of any material or combination of materials erected to enclose or screen property.

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

Flood orflooding means a temporary inundation of land not normally covered by water due to unusual and rapid accumulation or runoff of surface waters from any source, or a rise in flow or stage of any stream or watercourse that results in water overtopping its banks and adjacent areas that are not normally covered by water.

Flood, regulatory base flood discharge, means the rate of flow produced by the regulatory base flood measured in cubic feet per second.

Flood fringe area means that land outside the floodway and below the base flood elevation.

Flood hazard area means the floodplain consisting of the floodway and the flood fringe area.

Flood hazard design elevation means the highest elevation, expressed in feet above sea level, of the level of floodwaters which delineates the flood fringe area.

Flood insurance rate map (FIRM) means the official map on which the Federal Emergency Management Agency has delineated both the areas of special flood hazards and the risk premium zones applicable to the community.

Flood of record means a flood which has occurred for which there are accurate local records available.

Floodplain means the relatively flat areas or lowlands adjoining the channel of a watercourse or areas where drainage is or may be restricted by manmade structures which have been or may be covered partially or entirely by floodwater and shall be an area not less than that delineated by the 50-year flood, but not exceeding the area delineated by the 100-year flood.

Floodproofing means a combination of structural provisions, changes, or adjustments to properties and structures subject to flooding, primarily used for the reduction or elimination of flood damages to properties, water and sanitary facilities, structures, and contents of buildings in flood hazard areas.

Floodway means the channel of a river or other watercourse of that area within a floodplain which must be reserved for discharge of the base flood without increasing the water surface elevation more than one foot and without creating hazardous velocities of floodwaters. The floodway is delineated on the flood boundary floodway map.

Floor, regulatory elevation, means the elevation which is one foot above the base flood elevation for a watercourse for which the base flood elevation has been determined by the criteria developed by the director of the department of water resources for all other watercourses.

Floor area, gross, means the sum of the gross horizontal areas of the several floors of a building measured from the exterior face of exterior walls, or from the centerline of a wall separating two buildings, but not including interior parking spaces, loading space for motor vehicles, or any space where the floor-to-ceiling height is less than six feet.

Floor area, net, means the total of all floor areas of a building, excluding stairwells and elevator shafts, equipment rooms, interior vehicular parking or loading; and all floors below the first or ground floor when used or intended to be used for human habitation or service to the public.

Floor area ratio (FAR) means a ratio expressing the amount of square feet of floor area permitted for every square foot of land area within the site.

Fraternal organization means a group of people formally organized for a common interest, usually cultural, religious or entertainment, with regular meetings, rituals and formal written membership requirements.

Frontage means the length of any one property line which abuts a legally accessible street right-of-way.

Garage, private, means a building, or portion thereof, in which only motor vehicles used by the tenants of the building, or buildings on the premises are stored or kept.

Garage, public, means a building, other than a private garage, designed or used for servicing, repairing or storing motor vehicles.

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

Finished grade means the final elevation of the ground surface after development.

Natural grade means the elevation of the ground surface in its natural state, before manmade alterations.

Gray water means wastewater that originates from residential clothes washers, bathtubs, showers, and sinks, not including the kitchen, and does not include wastewater from toilets.

Group home means a dwelling unit shared, as their primary residence, by persons with a disability and/or elderly persons living together as a single housekeeping unit in which staff persons provide on-site care, meals, supervision, and other support services for the residents. The term "group homes" shall not include nursing homes, shelter care facilities, recovery homes, community correctional facilities, or homes for the developmentally disabled as regulated by statute.

Height. For the purpose of determining the height limits in all zones set forth in this title, the datum shall be mean sea level elevation unless otherwise specified.

Home occupation means a lawful use conducted in a residential district in or on the premises of a dwelling unit by the permanent residents thereof, said use being secondary to the principal use of the dwelling for living purposes, and which complies with the terms and conditions of this title.

Hospital means an institution providing primary health services and medical or surgical care to persons, primarily inpatients, suffering from illness, disease, injury, deformity and other abnormal physical or mental conditions, and including, as an integral part of the institution, related facilities such as laboratories, outpatient facilities or training facilities.

Hospital and clinic for animals means a facility for the diagnosis, medical, and, surgical treatment of animals by a licensed doctor of veterinary medicine, along with the boarding of such animals.

Hotel means a facility offering transient lodging accommodations to the general public and may provide additional services such as restaurants, meeting rooms, and recreation facilities.

Impervious surfaces means those surfaces which do not absorb water. Impervious surfaces consist of all buildings, parking areas, driveways, roads, sidewalks, and any areas of concrete or asphalt. In the case of lumberyards, areas of stored lumber constitute impervious surfaces.

Ingress means access or entry.

Junk means scrap metals and their alloys and bones, used cloth, rubber, rope, tinfoil, bottles, old machinery, tools, appliances, fixtures, utensils, lumber, boxes or crates, pipe or pipe fittings, tires, and other manufactured goods that are so worn, deteriorated or obsolete as to make them unusable in their existing condition, but are subject to being dismantled.

Junkyard means any area, lot, land, parcel, building or structure or part thereof used for the storage, collection, processing, purchase, sale or abandonment of waste paper, rags, scrap metal or other scrap or discarded goods, materials, machinery or two or more unregistered, inoperable motor vehicles or other type of junk.

Kennel means the commercial boarding, grooming, training, breeding and sale of dogs, cats and other small animals.

Landscapable area means the area of a lot less the footprint of the primary structure.

Landscape plan means a commercial or residential site plan designating proposed locations of components and types of plants and irrigation systems including gray water and water harvesting systems.

Landscaping means any of the following or combinations thereof. Material such as, but not limited to, grass, ground covers, shrubs, vines, hedges, trees or palms; and nonliving durable material commonly used in landscaping, such as, but not limited to, rocks, pebbles, decorative pavers, sand, walls or fences, but excluding paving.

Livestock means meat animals, cattle, sheep, horses, ponies or goats or any mutations or hybrids thereof but shall not include swine (reference section 6.04.050).

Lodginghouse means any building or portion thereof, containing not more than five guest rooms which are used by no more than five guests, where rent is paid in money, goods, labor or otherwise.

Lot means a legally created parcel of land occupied or intended for occupancy by one or more main buildings together with accessory buildings.

Lot, corner, means a lot abutting on two or more intersecting streets having an interior angle of intersection not exceeding 135 degrees.

Lot, double frontage, means a lot having a frontage on two parallel or nearly parallel streets. A double frontage lot may also be called a "through lot."

Lot, interior, means a lot other than a corner lot, with frontage only on one street.

Lot, key, means an interior lot, one side of which is contiguous, or separated only by an alley from the rear line of a corner lot.

Lot, reverse frontage, means a through lot which is not accessible from one of the parallel or non-intersecting streets upon which it fronts.

Lot area means the total area within the boundary lines of a lot.

Lot coverage means that portion of the lot that is covered by buildings and structures.

Lot depth means the horizontal distance between front and rear lot lines measured along the median between the two side lot lines.

Lot, minimum area of, means the smallest lot area established by this title on which a use or structure may be located in a particular district.

Lot line means a line of record bounding a lot which divides one lot from another lot or from a public or private street or any other public space.

Lot line, front. The director shall determine the front lot line in accordance with one of the following:

1.

Corner lot. The front lot line of a corner lot shall be the shorter of the two lines adjacent to the streets. Where lines are equal, the front line shall be that line which is obviously the front by reason of the prevailing frontage of the other lots on the block. If such front is not evident, then either may be considered the front of the lot but not both.

2.

Interior lot. The front lot line of an interior lot shall be the line coterminous with the street frontage.

3.

Double frontage lot or through lot. The front lot line of a double frontage lot or through lot shall be that line which is obviously the front by reason of the prevailing frontage of the other buildings on the block.

4.

Combined lots. Where two or more lots are used as a building site and where the main building crosses lot lines, then the entire area shall be considered as one lot, except that the front of the parcel shall be determined to be the front of the individual lots as originally platted or laid out.

Lot line, interior, means any side lot line not adjacent to a street.

Lot line, rear, means a lot line which is opposite to and most distant from the front lot line. In the case of a corner lot, the director shall determine the rear lot line; in the case of an irregular or triangular-shaped lot, a lot line ten feet in length within the lot parallel to and at the maximum distance from the front lot line.

Lot line, side, means any lot line which is not a front or rear lot line.

Lot width means the horizontal distance between the side lines of a lot measured at right angles to its depth along a straight line parallel to the front lot line at the minimum required building setback line.

1.

If the side lot lines are parallel, the lot width is the shortest distance between these side lines.

2.

If the side lot lines are not parallel, the lot width of the lot shall be the length of a line measured at right angles to the axis of the lot at a point which is equal to or greater than the required front yard setback for the district in which it is located.

Maintain means to cause or allow to continue in existence. When the context indicates, the term "maintain" means to preserve and care for a structure, improvement, conditions or area so that it remains attractive, safe and presentable and carries out the purposes for which it was installed, constructed or required.

Manufactured home or housing means a single or multiple dwelling manufactured after June 15, 1976, in a factory to standards established by the U.S. Department of Housing and Urban Development, delivered to the building site in one or more sections and, when located on a residential lot, is attached to a permanent foundation; having exterior dimensions not less than 24 feet by 40 feet; having a roof that is pitched at a slope not less than two inch vertical rise to one foot horizontal run and consisting of shingles, tiles or other materials customarily used for conventional dwellings; having exterior siding consisting of nonreflective, nonmetallic materials such as wood, pressed board, stucco or masonry veneer. A manufactured home is not a mobile home, travel trailer or recreational vehicle.

Manufactured home park means a development providing two or more rental spaces for occupancy by manufactured homes or renovated mobile homes together with certain accessory buildings and uses provided for the benefit and enjoyment of the residents of the park.

Manufactured home subdivision means a subdivision that is to be used specifically as a single-family residential use for manufactured homes or renovated mobile homes. Expressly prohibited for residential purposes are busses, recreational vehicles, motor homes, campers, trailers and other similar vehicles.

Medical marijuana dispensary means a nonprofit medical marijuana dispensary duly registered and certified pursuant to A.R.S. § 36-2804.

Medical marijuana dispensary offsite cultivation location means the one additional location, if any, duly identified pursuant to A.R.S. § 36-2806(E) during the process of registering a nonprofit medical marijuana dispensary, where marijuana will be cultivated for sale at a nonprofit medical marijuana dispensary duly registered and certified pursuant to A.R.S. § 36-2804.

Mobile food vendor means an itinerant vendor of prepared foods and beverages that uses a self-contained mobile unit, independent with respect to water, sewer and power facilities, capable of moving or being moved, consisting of an enclosed truck, enclosed trailer or similar vehicle that contains equipment used for the preparation and/or sale of food products.

Mobile home means a single dwelling manufactured prior to June 15, 1976, transportable in one or more sections which is built on a permanent chassis, having at least 400 square feet of living space, and designed to be used as a year-round dwelling unit, with or without a permanent foundation, when connected to the required utilities. A mobile home is not a manufactured home, travel trailer or recreational vehicle.

Mobile home, renovated, means a mobile home that has been rehabilitated in accordance with the state office of manufactured housing administrative rules and provided with an insignia of approval placed by the state on the mobile home.

Mobile home park means a development providing two or more rental spaces for occupancy by mobile homes or manufactured homes together with certain accessory buildings and uses provided for the benefit and enjoyment of the residents of the park.

Mobile home subdivision means a subdivision that is to be used specifically for single-family residential use, for mobile homes or manufactured homes. Expressly prohibited for residential purposes are buses, recreational vehicles, motor homes, campers, trailers and other similar vehicles.

Modular home means a single dwelling which is pre-assembled in whole or in part in a factory prior to delivery to the jobsite for final assembly and which conforms to the city building code standards. A modular home is built with exterior materials customarily used on conventional dwellings, has a minimum roof pitch of three in 12 and has a minimum roof overhang of one foot on all four sides. A modular home has a minimum width of 20 feet and has been designed and built to be set on a permanent foundation.

Motel means the same as the term "hotel," as defined in this section.

Motor home means any vehicular-type unit 35 feet or less in length and eight feet or less in width, primarily designed as temporary living quarters for camping or travel use.

Motor vehicle means any vehicle which is self-propelled.

Noise pollution means continuous or episodic excessive noise in the human environment.

Nonconforming structures means a building or structure, or portion thereof, lawfully erected or altered, which no longer adheres to the specific development regulations of the code applicable to the zoning category in which the building or structure is located.

Nonconforming uses means an activity conducted in a building, structure or on a site, lawfully established or maintained, which no longer adheres to the specific use regulations in the code applicable to the zoning category in which such use is located.

Nuisance means any act, action or condition relating to the use of property by an owner or occupant thereof, which creates a threat to the life, health or safety of the owner, occupant or others; or which creates unsafe, unhealthy or unsightly conditions preventing the full use and enjoyment of the property of others.

Nursery and day care schools. See Child care center.

Occupancy or occupied means the residing of an individual or individuals overnight in a dwelling unit, or the installation, storage or use of equipment, merchandise or machinery in any public, commercial or industrial building.

Occupant means the individual in actual possession of a premises.

Odor, noxious, means any odor which is offensive to human beings.

Office means a place where a particular kind of business is transacted or a service is supplied, excluding retailing, according to the following:

1.

A place in which functions, such as consulting, record keeping, or clerical work are performed; or

2.

A place in which a professional person (e.g., a physician or lawyer) conducts his or her professional services.

Off-street parking space means a storage area for a motor vehicle that is directly accessible to an access aisle, and which is not located on a dedicated street right-of-way.

On-street parking space means a temporary storage area for a motor vehicle which is located on a dedicated street right-of-way.

Open space means any parcel or area of land or water essentially unimproved and set aside, dedicated, designated or reserved for public or private use or enjoyment, or for the use and enjoyment of owners and occupants of land adjoining or neighboring such open space.

Open space, common, means land within or related to a development, not individually owned or dedicated for public use, which is designed and intended for the common use or enjoyment of the residents of the development and may include such complimentary structures and improvements as are necessary and appropriate.

Open space, private, means common open space held in private ownership, the use of which is normally limited to the occupants of a single dwelling or building.

Public open space means open space owned by a public agency and maintained by it for the use and enjoyment of the general public.

Parapet or parapet wall means that part of any wall extending above the roof line.

Parking access means the area of a parking lot that allows motor vehicles including parking lots, garages, private driveways and legally designated areas of public streets.

Private parking area means a parking area for the private use of the owners or occupants of the lot on which the parking area is located.

Public parking area means parking area available to the public, with or without compensation, used to accommodate clients, customers or employees.

Parking bay means the parking module consisting of two and/or three rows of parking spaces and the aisle from which motor vehicles enter and leave the spaces.

Parking lot means an off-street, ground-level area, surfaced and improved for the temporary storage of more than four motor vehicles.

Parking space means an unobstructed space or area other than a street or alley for the parking of one motor vehicle.

Particulates means finely divided solid or liquid particles in the air or in an emission including dust, smoke, fumes, mist, spray and fog.

Party wall means a shared wall between two separate structures, buildings, or dwelling units.

Peak flow traffic means the largest number of vehicles passing over a designated section of a street during a 24-hour period.

Person means any person, firm, partnership, association, social or fraternal organization, corporation, estate, trust, receiver, syndicate, branch of government, or any other group or combination acting as a unit.

Plan, community master, means a land use plan together with other more specific master plans for utilities, drainage and circulation for a large scale, mixed use community consistent with the city's general plan.

Plan, general, means the comprehensive plan for the city together with any supplements thereto that has been prepared in accordance with state law and duly adopted by the council.

Planning and zoning commission means the city planning and zoning commission.

Plans, engineering, means plans, profiles, cross-sections, specifications, and other details of construction of the improvements required under the provisions of this title, prepared by a registered engineer in accordance with the approved preliminary plat and in compliance with adopted city standards.

Plat means a map of a subdivision.

Plat, final, means a map of all or part of a subdivision essentially conforming to an approved preliminary plat prepared in accordance with the provisions of this title.

Plat, recorded, means a final plat bearing all the certificates of approval required by this title and filed in the office of the county recorder.

Preliminary plat means a preliminary map including supporting data indicating a proposed subdivision design prepared in accordance with the provisions of this title.

Plot plan means a simple site plan showing proposed development with dimensioned property lines, setbacks and structures. A plot plan is required for the issuance of a building permit for single-family homes, duplexes, and manufactured homes and park model travel trailers on lots and on rental spaces.

Portable carport means a nonpermanent structure designed as a shelter for motor vehicles, boats, etc. Such structure shall be easily relocatable, shall not be permanently affixed to a foundation, and shall not otherwise require the issuance of a building permit under the International Building Code (for conditions governing installation, see section 17.12.030E).

Pre-existing towers and pre-existing antennas means any tower or antenna for which a building permit has been properly issued prior to the effective date of the ordinance from which section 17.12.260 is derived, including permitted towers or antennas that have not yet been constructed so long as such approval is current and not expired.

Principal use means the main use to which the premises are devoted and the primary purpose for which the premises exist.

Public facilities means governmental owned and operated properties, including utility, recreational, and educational facilities.

Recreational vehicle means a vehicular unit which is designed to provide temporary living quarters for recreational, camping or travel use; either permanently attached to a self-propelled motor vehicle chassis or towed by another vehicle. A portable truck camper constructed to provide temporary living quarters for recreational, camping or travel use and designed to be loaded onto and unloaded from the bed of a pickup truck. A travel trailer or a park trailer (park model) built on a single chassis, mounted on wheels and designed to be connected to utilities necessary for the operation of installed fixtures and appliances, and has a gross trailer area of not less than 320 square feet, and not more than 500 square feet.

Recreational vehicle park. See Travel trailer park.

Rental unit means any housing unit which is occupied pursuant to a lawful rental agreement, oral or written, express or implied, and which was not owned as a condominium unit or cooperative unit on the effective date of the ordinance codified in this title.

Restaurant means an establishment where meals are prepared and served to the public.

Restaurant, drive-through. See Drive-through restaurant.

Retail services means establishments providing services or entertainment, as opposed to products, to the general public, including eating and drinking places, hotels and motels, finance, real estate and insurance, personal services, motion pictures, amusement and recreation services, health, educational and social services, museums and galleries.

Retention basin means a pond, pool or basin used for the permanent storage of water runoff.

Right-of-way means the area between boundary lines of a street or other dedicated area.

Roadway means that portion of a road or alley right-of-way that is improved for vehicular traffic and is narrower in width than the right-of-way.

Roof means a continuous solid sheathing top covering on a structure which provides protection from rain, wind, sun or other natural elements.

Schools means an institution licensed by the state department of education.

Screen means a barrier that functions to shield, protect or conceal.

Service station. See Automobile service station.

Setback means the minimum allowable horizontal distance from a given point or line of reference to the nearest vertical wall or other element of a principal building or structure as defined herein. The point or line of reference will be the lot line following any required dedication, or a special or reservation line if one is required pursuant to this title.

Shelter facility means a supervised publicly or privately operated shelter designed to provide temporary housing accommodations to indigent, needy, homeless or transient persons or families who lack a fixed, regular, and adequate nighttime residence. A shelter facility may also provide ancillary services such as counseling or vocational training.

Sight triangle means a triangular-shaped portion of land established at street or alley intersections in which nothing is erected, placed, planted or allowed to grow in such a manner as to limit or obstruct the sight distance of motorists entering or leaving the intersection.

Sign, home occupation, means a sign containing only the name and occupation of a permitted home occupation.

Site means the land area designated for development, exclusive of any right-of-way. The land area may be a portion of a lot, a single lot, or consist of more than one lot.

Site plan means the development plan for one or more lots on which is shown the existing and proposed conditions of the lot including: topography, vegetation, drainage, floodplains, marshes and waterways; open spaces, walkways, means of ingress and egress, utility services, landscaping, structures and signs, lighting and screening devices; any other information that reasonably may be required in order that an informed decision can be made by the approving authority.

Slope means the degree of deviation of a surface from the horizontal, usually expressed in percent or degrees, or as a ratio.

Square footage, net. The net square footage is determined by subtracting from the total square footage of the parcel that area deemed necessary for street dedication and that area used for private streets and common driveways, if any.

Stable means the commercial boarding of large animals, including barns, stables, corrals, riding arenas, animal training and riding lessons.

Start of construction means the first placement of permanent construction of a structure (other than a mobile home) on a site, such as the pouring of slabs or footings or any work beyond the stage of excavation. Permanent construction does not include land preparation such as clearing, grading and filling; nor does it include the installation of streets and/or walkways; nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not as part of the main structure.

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

Story, first, means the lowest story in a building which qualifies as a story, as defined herein, except that a floor level in a building having only one floor level shall be classified as a first story, provided such floor level is not more than four feet below grade, as defined herein, for more than 50 percent of the total perimeter, or not more than eight feet below grade, as defined herein, at any point.

Street means that area, whether public or private, between right-of-way lines, dedicated, reserved or provided for roadway purposes and other uses not inconsistent therewith. A public street must be accepted for maintenance after construction in accordance with approved plans by the council prior to acknowledgement that said street is a public street.

Arterial street means a street that has the capacity to carry a large volume of traffic. An arterial street includes freeways and, expressways; an interstate, state or county highway having regional continuity; any urban street having considerable continuity and carrying a large volume of both passenger and commercial vehicles. These arterial streets are normally on the section lines. Arterial streets are designated on the master city street map.

Collector street means a neighborhood street with limited continuity generally located on section lines and quarter section lines and having the primary function of carrying residential traffic from local streets to arterial streets; a secondary function being to provide access to abutting residential properties. Collector streets are generally designated on the master city street map.

Cul-de-sac street means a local residential street having one end permanently terminated in a vehicular turnaround.

Frontage street means a local street parallel and adjacent to an arterial street which provides access to abutting property, intercepts local residential streets and controls access to an arterial street.

Local street means a street serving the primary function of providing access to abutting property.

Structure means anything constructed or erected for use, occupancy or ornamentation which requires location on the ground or attached to something having location on the ground.

Substantial improvement means any repair, reconstruction or improvement of a structure, the cost of which equals or exceeds 50 percent of the market value of the structure either:

1.

Before the improvement is started; or

2.

If the structure has been damaged and is being restored before the damage occurred.

For the purposes of this definition, the term "substantial improvement" is considered to occur when the first alteration of any wall, ceiling, floor or other structural part of the building commences, whether or not that alteration affects the external dimensions of the structure.

Swap meet means an occasional or periodic commercial activity held in an open setting or enclosed structure where groups or sellers rent space on a short-term basis to display, barter, or sell goods or services to the public; or one or more sellers bring goods for auctioning to the public.

Temporary structure means a structure without any foundation or footings, and which is removed when the designated time period, activity, or use for which the temporary structure was erected has ceased.

Tenant means any person who occupies or has a leasehold interest in a rental unit under a lawful rental agreement, whether oral or written, express or implied.

Theater means a building or part of a building devoted to showing motion pictures, or for dramatic, musical or live performances.

Theater, drive-in, means an open lot with its appurtenant facilities devoted primarily to the showing of motion pictures or theatrical productions on a paid-admission basis to patrons seated in automobiles.

Tower means any structure that is designed and constructed primarily for the purpose of supporting one or more antennas for telephone, radio and similar communication purposes, including self-supporting lattice towers, guyed towers or mono-pole towers. The term "tower" includes radio and television transmission towers, microwave towers, common-carrier towers, cellular telephone towers, alternative tower structures and the like. The term "tower" also includes the structure and any support thereto.

Tower height means the vertical distance measured from the natural grade level to the highest point of the structure directly above the natural grade. When the tower is located in a platted subdivision, the height shall be the vertical distance measured from the finished grade as shown on the subdivision grading plans or finished grade as shown on the individual lot's grading plans, (whichever is lower), to the highest point of the structure directly above the finished grade.

Tract means an area, parcel, site or piece of land or property.

Traffic generator means a use in a particular geographic area which is likely to attract into the area substantial vehicular or pedestrian traffic.

Travel trailer means a self-contained vehicle without motive power, with wheels built on a chassis, designed as a temporary dwelling for travel recreation and vacation purposes, having a body width not exceeding eight feet and a body length not exceeding 40 feet.

Travel trailer court. See Travel trailer park.

Travel trailer park means a plot of ground upon which two or more rental spaces with the required utilities and improvements are located and maintained for occupancy by travel trailers and recreational vehicles as temporary living quarters for recreational and vacation purposes.

Tree means any self-supporting woody plants or species which normally grow to an overall height of at least 15 feet.

Trip means a single or one-way vehicle movement either to or from a subject property or study area.

Trip ends means the total of trips entering and leaving a specific land use or site over a designated period of time.

Trip generation means the total number of trip ends produced by a specific land use or activity.

Turf means a surface layer of earth containing annual or perennial grasses.

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.

Use, principal, means the main or primary purpose for which land or a structure is designed, arranged or intended or for which it is occupied or maintained.

Use, temporary, means a use established for a fixed period of time with the intent to discontinue such use upon the expiration of the time period.

Utility, public, means any agency which, under public franchise or ownership, or under certificate of convenience and necessity, provides the public with electricity, gas, heat, communication, rail transportation, water, sewage collection, or other similar service.

Utility services means establishments engaged in the generation, transmission and/or distribution of electricity, gas, including water and irrigation systems and sanitary systems used for the collection and disposal of garbage, sewage and other wastes by means of destroying or processing materials.

Vehicle repair means the general repair, alteration, rebuilding, maintenance or reconditioning of vehicles, including motor, body, frame, upholstery, interior or paint work.

Vehicle sales lot means a lot used for display, sale or rental of new or used vehicles, including, but not limited to, automobiles, boats, trailers and recreational vehicles.

Water-intensive landscaped area means an area of land consisting primarily of turf, and plants and trees not listed as low or medium water use on the county plant list or any approved modifications to the list. Included is the total surface area of all water features (i.e., swimming pools of any size, fountains, ponds, water courses, waterfalls, and other artificial water structures) filled or refilled with water from any source.

Water harvesting means the process of intercepting storm water from a surface such as a roof, hard surface or land surface, and putting it to beneficial use.

Wholesale means the bulk sale of goods generally for resale to a person other than the direct consumer.

Yard means a required open space on the same lot with a principal use, unoccupied and unobstructed by any structure or portion of a structure above the general ground level of the graded lot upward; provided, however, that fences, walls, poles, posts, other customary yard accessories, ornaments and furniture or other allowable accessory structures or uses may be permitted in any yard subject to height limitations and requirements limiting obstruction of visibility.

Yard, front, means a required open space extending the full width of the lot between a building and the front lot line or reservation line.

Yard, rear, means the space between the rear yard setback line and the rear lot line, extending the full width of the lot.

Yard, side, means a required open space extending from the required front yard to the required rear yard between a building and the nearest side lot line or reservation line, unoccupied and unobstructed from the ground upward except as specified elsewhere in this title.

Zoning means the dividing of the city into districts or zones and the establishment of regulations governing the use, placement, spacing and size of land and buildings within each zone or district.

(Code 1999, § 17.08.040; Ord. No. 96-347, § 1(11-2-4); Ord. No. 00-002, § 1(part); Ord. No. 02-009(part); Ord. No. 11-002, § 1, 2-28-2011; Ord. No. 13-004, 4-8-2013; Ord. No. 16-001, 2-25-2016; Ord. No. O20-001, 1-27-2020; Ord. No. O20-002, 1-24-2020; Ord. No. O21-004, 1-25-2021)