SECTION 2
DEFINITIONS
Subsections:
2.01 Purpose
It is the purpose of this section to define words, terms, and phrases contained within this code.
2.02 Word Usage
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. The masculine gender shall include the feminine, and the feminine gender shall include the masculine.
d. The word “shall” is mandatory.
e. The word “may” is permissive.
f. The word “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 code and any caption, illustration, or table, the text shall control.
2.03 For Brevity of Text
a. Commission
The Litchfield Park Planning and Zoning Commission.
b. Council
The Litchfield Park City Council.
2.04 Definitions
When used in this code, the following terms shall have the meanings herein ascribed to them:
Abut To physically touch or border upon or to share a common boundary, property line, or right-of-way.
Access 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 A dwelling unit on the same lot with and of a nature 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.
Accessory Structure A subordinate structure located on the same lot as the principal building.
Accessory Structure, Habitable A permanent enclosed accessory structure used for a noncommercial workshop or recreational activities, or a domicile for relatives of the owner or lessee of the principal building.
Accessory Structure, Screened An accessory structure inside a perimeter, opaque fenced yard, with a height less than the height of the opaque perimeter fence and not visible from public areas or neighboring properties.
Accessory Structure, Shade An unenclosed accessory structure that provides shade. A tent used for shade purposes is a shade accessory structure.
Accessory Structure, Storage An accessory structure used for storing household items and vehicles.
Accessory Use A use of land or structure subordinate to the principal use or building on a lot and serving a purpose customarily incidental to the use of the principal building, provided any such use of land or structure is established or built with or after the construction of the principal building.
Acre A measure of land containing 43,560 square feet.
Addition An extension or increase in floor area or height of a building or structure.
Adjacent Within five feet of a structure.
Adjoining Lot or Land A lot or parcel of land which shares all or part of a common lot line with another lot or parcel of land.
Agent 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 The production, keeping or maintenance for sale, lease or personal use of plants or animals useful to man, 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, swine, 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.
Agritainment Farm-based entertainment including activities such as hayrides, wine tasting, cornfield-maze contests, harvest festivals, U-pick, tours, on-farm classes, fairs, festivals, pumpkin patches, community gardens, Christmas tree farms, social/corporate events, orchard dinners, youth camps, and barn dances. “Agritainment” may include farming, growing, and crop-harvesting activities.
Agritourism A commercial and educational enterprise, which may include some product processing, that allows members of the general public, for recreational, entertainment, or educational purposes, to view or enjoy rural activities, including farming, historic, cultural, harvest-your-own activities, or natural activities and attractions.
Air Pollution The presence of contaminants in the air of concentrations that interfere directly or indirectly with man’s health, safety, or comfort, or with the full use and enjoyments of his property.
Aisle The travel way by which cars enter and depart parking spaces.
Alley A dedicated right-of-way providing a secondary means of public access to abutting property and not intended for general traffic circulation.
Alteration An alteration may be 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.
Amusement and Recreation Services Establishments engaged in providing amusement or entertainment for fee or admission charge and including such activities as dance halls, studios, theatrical productions, bands, orchestras, and other musical entertainment, bowling alleys, and billiard and pool establishments, 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.
Animal Hospital The place where animals or pets are given medical or surgical treatment and the boarding of animals is limited to short-term care incidental to the hospital use.
Animal Kennel Any structure or premises where animals are kept, boarded, bred, trained or sold for commercial gain.
Antenna The specific device used to receive or transmit radio signals.
Apartment One building or portion thereof which is designed, built, rented, or leased to occupy residents of three or more families living independently of each other and doing their own cooking on the same premises.
Apartment Unit One or more rooms with a private bath and kitchen facilities comprising an independent, self-contained dwelling unit in a building which contains three or more dwelling units.
Applicant A person submitting an application for development, rezoning or other action.
Approval, Conditional An affirmative action by the commission and council indicating that approval of a preliminary plat or plan will be forthcoming upon satisfaction of certain specified stipulations.
Approval, Final Unconditional Approval of a preliminary plat or plan by the commission and council as evidenced by meeting minutes and noted upon copies of the preliminary plat or plan.
Attention-Getting Device A device designed or intended to attract by noise and/or a sudden, intermittent, or rhythmic movement, physical change or lighting change, such as banners, flags, streamers, balloons, propellers, whirligigs, search lights, and flashing lights.
Automatic Car Wash A structure containing facilities for washing automobiles using a chain conveyor or other method of moving the cars along and an automatic or semi-automatic application of cleaner, brushes, rinse water and heat for drying.
Automobile Repair Services and Garages Establishments primarily engaged in furnishing automotive repair, rental, leasing, and parking services to the general public.
Automobile Sales The use of any building, land area, or other premises for the display and sale of new or used automobiles, panel trucks, vans, trailers, or recreation vehicles and including any warranty repair work and other repair service conducted as any accessory use.
Automobile Service Station Any building, land area, or other premises or portion thereof used, or intended to be used, for the retail dispensing or sales of vehicular fuels, including, as an accessory use, the sale and installation of lubricants, batteries, tires and similar accessories.
Automobile Wrecking Yard See Junkyard.
Balanced Basin A drainage basin which contains floodwater channels, natural or man-made and/or flood control structures that are adequate to contain existing runoff from the base storm produced by the basin; but in which additional runoff cannot be safely contained by said channels or structures.
Bar 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 The flood having a one percent chance of being equalled or exceeded in any given year.
Base Map 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 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 Tax A tax imposed pursuant to A.R.S. § 9-500.06.
Bedroom A private room planned and intended for sleeping, separable from other rooms by a door and accessible to a bathroom.
Berm A mound of earth or the act of pushing earth into a mound.
Block That property abutting one side of the street and lying between the two nearest intersecting streets or nearest intersecting street on subdivided land.
Boarding House 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. A boarding house shall not include buildings for persons requiring physical or mental care by reasons of age, infirmity, or disease.
Breakaway Wall A wall that is not part of the structural support of the building and is intended through its design and construction to collapse under special lateral loading forces, without causing damage to the elevated portion of the building supporting foundation system.
Buildable Area The area of a lot remaining after the minimum yard and open space requirements have been met.
Building 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, channels, or property of any kind. This shall include tents, awnings, or vehicles situated on private property and used for the purposes of building.
Building Coverage The horizontal area measured within the outside of the exterior walls on the ground floor of all principal and accessory buildings on a lot.
Building Height The vertical distance of a building measured from the lowest grade adjacent to the building to the highest point of the roof, fascia, or parapet.
Building Line A line parallel to the street line at a distance therefrom equal to the depth of the front yard required for the zoning district in which the lot is located.
Building Permit Written permission required by the city for the construction, repair, alteration, addition, removal or demolition to a building or structure.
Building, Principal A building in which is conducted the principal use of the lot on which it is located.
Bulk Storage The storage of chemicals, petroleum products, and other materials and aboveground containers for subsequent resale to distributors or retail dealers or outlets.
Carport A roofed structure providing space for the parking or storage of motor vehicles and entirely open on two or more sides.
Certificate of Occupancy A document issued by the zoning administrator 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.
Change of Use Any use which differs from the previous use of a building or land.
Child Care Center A private facility maintained for the purpose of providing care, supervision or training for five or more children under the age of sixteen years and not related to the proprietor, for periods of more than one hour but less than twenty-four hours per day apart from their parents or guardians, for compensation.
Chimney A structure containing one or more flues for drawing off emissions from stationary sources of combustion.
Church A permanently located building or groups 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. This definition pertains, as well, to temporary facilities.
Clinic An establishment where patients are admitted for examination and treatment by one or more physicians, dentists, psychologists or social workers and where patients are not usually lodged overnight.
Club 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, a constitution and bylaws.
Co-Location The use of a single support structure and/or site by more than one telecommunications provider.
Commercial Vehicle Any motor vehicle licensed by the state as a commercial vehicle.
Common Accessway A commonly shared or used pedestrian or vehicular way that connects or serves two or more properties.
Common Ownership Ownership by one or more individuals.
Condominium Association A declarant or other person who owns a unit or, unless otherwise provided in the lease, a lessee of a unit in a leasehold condominium whose lease expires simultaneously with any lease the expiration or termination of which will remove the unit from the condominium but does not include a person having an interest in a unit solely as security for an obligation. In the case of a contract for conveyance as defined in A.R.S. § 33-741, of real property, unit owner means the purchaser of the unit.
Condominium Project Real estate, portions of which are designated for separate ownership and the remainder of which is designated for common ownership solely 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 Unit A portion of a condominium project designated for separate ownership.
Construction Permit See Building Permit.
Consume and Consumption For purposes of Section 31.24, means the act of ingesting, inhaling, or otherwise introducing recreational marijuana into the human body.
Consumer For purposes of Section 31.24, means a person who purchases recreational marijuana for personal use, who is at least twenty-one years of age, and who purchases recreational marijuana in accordance with the Smart and Safe Arizona Act.
Contiguous In contact with.
Continuance Postponement or adjournment to a later date.
Court 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.
Critical Basin A drainage basin which contains floodwater channels, natural or man-made and/or flood control structures that cannot contain existing runoff produced by the base flood within the basin, and which has a documented history of severe flooding hazards.
Critical Feature An integral and readily identifiable part of a flood protection system without which the flood protection provided by the entire system would be compromised.
Cul-de-sac See Street, Cul-de-sac.
Cultivate and Cultivation For purposes of Section 31.24, means to propagate, breed, grow, prepare, and package recreational marijuana.
Curb Cut The opening along the curb line at which point vehicles may enter or leave the roadway.
Decibel A unit for expressing the relative intensity of sounds from zero (average least perceptible) to one hundred thirty (average pain level).
Dedication The designation of land by its owner for any general or public use.
Density The number of dwelling units per unit of land.
Department For purposes of Section 31.24, means the State of Arizona Department of Health Services or its successor agency.
Detention Basin A storage facility for the temporary storage of stormwater runoff with metered discharge.
Detention System A type of flood control system which delays the downstream progress of flood waters in a controlled manner, generally through the combined use of a temporary storage area and a metered outlet device which causes a lengthening of the duration of flow, and thereby reduces downstream flood peaks.
Developer The legal or beneficial owner or owners of a lot or of any land included in a proposed development including a holder of an option or contract to purchase or other persons having enforceable, proprietary interests in such land.
Development, Special Flood Hazard Area Any man-made change to improved or unimproved real estate, including but not limited to buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations located within the area of special flood hazard.
Developmentally Disabled A person who has autism, cerebral palsy, epilepsy or mental retardation, as provided for by A.R.S. § 36-581.
Display Surface The area made available by a sign for the purpose of displaying a message.
District A portion of the city within which certain uniform regulations and requirements or various combinations thereof apply under the provisions of this code.
Drainage
a. Surface water runoff.
b. The removal of surface water from land by drains, grading, or other means which include run-off controls to minimize erosion and sedimentation during and after construction or development. The means for preserving the water supply and the prevention or alleviation of flooding.
Drainageway Any natural or artificial watercourse, trench, ditch, swale, or similar depression into which surface water flows.
Driveway A private roadway providing access for vehicles to a parking space or parking lot, garage, dwelling, or other structure.
Dual Licensee For purposes of Section 31.24, means an entity that holds both a nonprofit medical marijuana dispensary registration and a marijuana establishment license.
Dwelling An enclosed space providing complete independent living facilities for a family including permanent provisions for living, sleeping, eating, cooking, and sanitation. A split-off unit is not a dwelling.
Dwelling, Attached A one-family dwelling attached to one or more one-family dwellings by common vertical walls.
Dwelling, Detached A dwelling which is not attached to any other dwelling by any means.
Dwelling, Multifamily A building designed exclusively for occupancy by three or more families living independently of each other.
Dwelling, Semi-Detached A one-family dwelling unit attached to another one-family dwelling by common vertical wall in which each dwelling is located on a separate lot.
Dwelling, Single-Family A building containing one dwelling unit. 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.
Egress An exit.
Elevation
a. A vertical distance above or below a fixed reference level.
b. A flat scale drawing of the front, rear, or side of a building.
Enclosed Area A building, greenhouse, or other structure that:
a. Has a complete roof enclosure supported by connecting walls that are constructed of solid material extending from the ground to the roof;
b. Is secure against unauthorized entry;
c. Has a foundation, slab or equivalent base to which the floor is securely attached; and
d. Meets performance standards ensuring that cultivation and processing activities cannot be and are not perceptible from the structure in terms of not being visible from public view without using binoculars, aircraft or other optical aids and is equipped with a lock or other security device that prevents access by minors.
Equipment Cabinet A small structure used to house and protect the equipment necessary for processing telecommunications signals. Associated equipment may include air conditioning and emergency generators. An equipment cabinet shall not exceed eight feet in height.
Existing Grade or Elevation The vertical location of the ground surface prior to excavating or filling.
Existing Use The use of a lot or structure at the time of the enactment of this code.
Facade The exterior wall of a building exposed to public view or that wall viewed by persons not within the building.
Family Any person living alone or any of the following groups living together as a single housekeeping unit in a dwelling:
a. An individual or two or more persons related by blood, marriage, or adoption, guardianship, or other duly and legally authorized custodial relationship living together as a single housekeeping unit in a dwelling unit;
b. Not more than two unrelated persons and their children and foster children; or
c. Not more than five persons, who need not be related, living together as a single housekeeping unit within a dwelling unit.
Family Group Home A group living facility licensed by the Arizona Department of Health Services or any successor agency for the operation of an assisted living home for persons with disabilities. “Family group home” does not include structured sober living homes.
Farmers Market, Outdoor A market at which predominantly farmers and producers sell agricultural products and other items directly to the general public. These items may include fresh fruits, vegetables, meat products, dairy, grains, and originally packaged ready-to-eat items such as nuts, honeys, oils, and juices. Sellers of other goods and services may comprise up to twenty percent of the total number of vendors. Second hand sales of clothing, household items, or other used goods is prohibited.
Fast Food Service The retail sale 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.
Fence An artificially constructed barrier of any material or combination of materials erected to enclose or screen areas of land.
Findings 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.
Floor Area, Gross 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, Livable The total interior living space of a residential dwelling unit within the walls proper of the structure or unit, excluding open porches, patios, garages, basements and storage or equipment rooms.
Floor Area, Net 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.
Fraternal Organization 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 That portion of a parcel of property which abuts a public street.
Gateway Treatment A combination of wall signs, structure and landscaping consisting of trees, shrubbery and ground cover designed to identify and introduce entry into the city or a planned development to passersby.
Grade 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 line five feet from the building.
Grade, Finished The final elevation of the ground surface after development.
Grade, Natural The elevation of the ground surface in its natural state, before man-made alterations.
Group Living Facility A residential living arrangement for unrelated persons with a disability who provide mutual support to each other and where support services may be provided by the staff of the group living facility. Residents may be self-governing or supervised by a sponsoring entity or its staff which provides habilitative or rehabilitative services related to the disabilities of the residents. Its primary purpose is to provide shelter in a family-like environment; treatment is incidental as in any home. Inter-relationships between residents are an essential component. A group living facility is considered a residential use of property for purposes of all zoning and building codes. The term does not include any other group living arrangement for unrelated individuals who are not disabled nor residential facilities for prison pre-parolees or sex offenders.
Guesthouse A permanent habitable accessory structure used as sleeping quarters by family, servants or temporary guests of the owner or lessee of the principal building.
Height For the purpose of determining the height limits in all zones set forth in this code and shown on the official zoning map, the datum shall be above grade elevation unless otherwise specified.
Home Occupation A lawful use conducted in or on the premises of a dwelling unit by the permanent residents thereof, only said use being secondary to the use of the dwelling purposes, and which complies with the terms and conditions of this code.
Hookah Bar An establishment that provides a smoking device consisting of a bowl mounted on a vessel of water which is provided with a long tube and arranged so that the smoke is drawn through the water.
Hospital 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.
Hotel A facility offering transient lodging accommodations to the general public and may provide additional services such as restaurants, meeting rooms, and recreation facilities.
Ingress Access or entry.
Junkyard Any area, lot, land, parcel, building, 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.
Key Lot A lot adjacent to a corner lot having its side lot line in common with the rear lot line of the corner lot and fronting on the street which forms the side boundary of the corner lot.
Land Use Law Means any statute, rule, ordinance, resolution or law enacted by this state or a political subdivision of this state that regulates the use of land or any interest in land or that regulates accepted farming or forestry practices.
Landscaping Shall consist of 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, sand, walls or fences, but excluding paving.
Levee A man-made structure, usually an earthen embankment, designed and constructed in accordance with sound engineering practices to contain, control, or divert the flow of water so as to provide protection from temporary flooding.
Livestock Meat animals, cattle, sheep, swine, horses, ponies or goats, or any mutations or hybrids thereof.
Lot The smallest platted parcel of real property created by a legal subdivision.
Lot Area The total area within the boundary lines of a lot.
Lot Coverage That portion of the lot that is covered by buildings and structures.
Lot Line 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 Width 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.
a. If the side lot lines are parallel, the shortest distance between these side lines.
b. If the side lot lines are not parallel, the 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 located. The axis of a lot shall be a line joining the midpoints of the front and rear lot lines.
Maintain To cause or allow to continue in existence; when the context indicates, maintain shall mean to preserve and care for a structure, improvement, condition 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 structure manufactured in a factory after June 15, 1976, which is delivered to a homesite in more than one section and placed on a permanent foundation. The dimensions of the completed house shall not be less than twenty feet by forty feet, the roof must be sloping, the siding and roofing must be the same as those on site-built houses, and the house must be eligible for thirty year real estate mortgage financing. For flood plain management purposes, the term “manufactured home” also includes park trailers, travel trailers and other similar vehicles placed on a site for greater than one hundred eighty consecutive days.
Manufactured Home Park A parcel (or contiguous parcels) of land divided into two or more manufactured home lots for sale or rent.
Medical Marijuana Those portions of the plant of the genus cannabis administered and used by a registered qualifying patient, as that term is defined in A.R.S. § 36-2801, solely for the purpose of treating or alleviating the patient’s debilitating medical condition or symptoms associated with that debilitating medical condition.
Medical Marijuana Designated Caregiver Cultivation The cultivation of marijuana by a registered designated caregiver for a registered qualifying patient, as defined in A.R.S. § 36-2801.
Medical Marijuana Dispensary A not-for-profit facility that, pursuant to A.R.S. § 36-2804, is registered with and certified by the Arizona Department of Health Services to acquire, possess, cultivate, manufacture (including medical marijuana infusion) or deliver, transfer, transport, supply, sell or dispense medical marijuana or related supplies and educational materials to cardholders, as that term is defined in A.R.S § 36-2801.
Medical Marijuana Dispensary Cultivation Location An enclosed, locked facility, whether on site or off site, used for the cultivation of medical marijuana for a registered medical marijuana dispensary and medical marijuana infusion using the product of such cultivation.
Medical Marijuana Infusion The process by which medical marijuana is incorporated into consumable or edible goods by means of blending, cooking, processing or other means of incorporation.
Medical Marijuana Qualifying Patient Cultivation The cultivation of marijuana by a registered qualifying patient, as defined in A.R.S. § 36-2801.
Monopole Has the same meaning as set forth in A.R.S. § 9-591.
Motel Shall mean hotel as defined herein.
Nonchartered Financial Institution Any business, including accessory uses, other than a state or federally chartered bank, credit union, mortgage lender or savings and loan association, that offers check cashing services, vehicle title loans, and loans for payment of a percentage or graduated fee. Specifically included are check cashing and payday loan businesses that charge a percentage or graduated fee for cashing a check or negotiable instrument and which make loans upon assignment of wages received, or businesses that function as deferred presentment services. Exception: Automobile dealers shall not be considered as nonchartered financial institutions.
Nonconforming Use A lawful use of land that does not comply with the use regulations for its zoning district but which complied with applicable regulations at the time the use was established.
Nursery and Day Care School See Child Care Center.
Office A place where a particular kind of business is transacted or a service is supplied, excluding retailing, according to the following:
a. A place in which functions, such as consulting, record keeping, or clerical work are performed.
b. A place in which a professional person (e.g. a physician or lawyer) conducts professional services.
Off-Street Parking Space 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 A temporary storage area for a motor vehicle which is located on a dedicated street right-of-way.
Off-Track Betting Establishment Any establishment, business or organization that accepts wagers, bets, monies or other consideration for a game, race, track (i.e., horse, car, or otherwise) or other recreational activity.
Open Space Any parcel or area of land or water essentially unimproved and set aside, dedicated 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 spaces.
Open Space For purposes of Section 31.24, means a public park, public sidewalk, public walkway or public pedestrian thoroughfare.
Open Space, Common 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 complementary structures and improvements as are necessary and appropriate. Such space does not include private or public street rights-of-way.
Open Space, Private Common open space held in private ownership, the use of which is normally limited to the occupants of a single dwelling or building.
Open Space, Public Open space owned by a public agency and maintained by it for the use and enjoyment of the general public.
Overlay District A supplementary zoning classification, in combination with the base district designation, that provides additional regulatory, guideline and/or incentive criteria for consideration of development approval.
Palm Readers, Palmistry, Fortune Teller Any individual, establishment or business that professes to foretell future events or engages in astrology, clairvoyance or other means of predicting the future of customers or patrons for a fee or gratuity. This definition shall also include, but is not limited to, phrenology, interpreting of hand reading, fortune telling by a crystal gazing, mind reading or any other type of fortune telling. Exception: It shall not include opinions in newspaper articles or commentaries.
Parking Access The area of a parking lot that allows motor vehicles ingress and egress from the street.
Parking Area Any public or private land area designed and used for parking motor vehicles including parking lots, garages, private driveways and legally designated areas of public streets.
Parking Space A space for the parking of a motor vehicle within a public or private parking area.
Pathway Lineal open space, surfaced and maintained to city specifications, that is designed and intended to provide a connection for pedestrian, bicycle and electric cart circulation purposes or recreation of transport.
Paved Ground covered with stone, brick, concrete, asphalt, gravel, decomposed granite, or other surface approved by the design review board that makes a firm, smooth and level surface.
Pawn Shops, Brokers Any establishment or business which loans money and receives as security for such loans pawns, or pledges of personal or real property; or such establishment or business that purchases personal or real property with the intent to resell, trade or exchange such articles at a price agreed upon at or before the time of such sale or purchase.
Person with a Disability A person who: (a) has a physical or mental impairment which substantially limits one or more of such person’s major life activities; (b) has a record of having such an impairment; or (c) is regarded as having such an impairment. “Person with a disability” does not include current users of illegal controlled substances or other substances to which they are addicted, persons convicted for illegal manufacture or distribution of a controlled substance, sex offenders, and juvenile offenders.
Plan, Development A preliminary map indicating tentative layout of streets and location of schools, recreation areas, and other community facilities for the entirety of a landholding of which a portion is to be submitted as a preliminary plat; a map meeting the needs of this code.
Plat A map of a subdivision.
Plat, Final A map of all or part of a subdivision essentially conforming to an approved preliminary plat prepared in accordance with this code.
Plat, Preliminary A preliminary map including supporting data indicating a proposed subdivision design prepared in accordance with this code.
Primary Condominium Unit The largest separate portion of a residential condominium unit intended for separate occupancy by the owner or as a resort rental unit.
Principal Use The main use to which the premises are devoted and the primary purpose for which the premises exist.
Process and Processing For purposes of Section 31.24, means to harvest, dry, cure, trim or separate parts of the marijuana plant.
Public Place Has the same meaning prescribed in the Smoke-Free-Arizona Act, A.R.S. § 36.601.01.
Recreational Marijuana
a. Means all parts of the plant of the genus cannabis, whether growing or not, as well as the seeds from the plant, the resin extracted from any part of the plant, and every compound, manufacture, salt, derivative, mixture or preparation of the plant or its seeds or resin.
b. Includes cannabis as defined in A.R.S. § 13-3401.
c. Does not include industrial hemp, the fiber produced from the stalks of the plant of the genus cannabis, oil or cake made from the seeds of the plant, sterilized seeds of the plant that are incapable of germination, or the weight of any other ingredient combined with marijuana to prepare topical or oral administrations, food, drink or other products.
Recreational Marijuana Concentrate
a. Means resin extracted from any part of a plant of the genus cannabis and every compound, manufacture, salt, derivative, mixture or preparation of that resin or tetrahydrocannabinol.
b. Does not include industrial hemp or the weight of any other ingredient combined with cannabis to prepare topical or oral administrations, food, drink or other products.
Recreational Marijuana Establishment An entity licensed by the department to operate all of the following:
a. A single retail location at which the licensee may sell recreational marijuana and recreational marijuana products to consumers, cultivate recreational marijuana and manufacture recreational marijuana products.
b. A single off-site cultivation location at which the licensee may cultivate recreational marijuana, process recreational marijuana and manufacture recreational marijuana products, but from which recreational marijuana and recreational marijuana products may not be transferred or sold to consumers.
c. A single off-site location at which the licensee may manufacture recreational marijuana products and package and store recreational marijuana and recreational marijuana products, but from which recreational marijuana and recreational marijuana products may not be transferred or sold to consumers.
Recreational Marijuana Products Recreational marijuana concentrate and products that are composed of recreational marijuana and other ingredients and that are intended for use or consumption, including edible products, ointments, and tinctures.
Recreational Marijuana Testing Facility The Department or another entity that is licensed by the Department to analyze the potency of marijuana and test marijuana for harmful contaminants.
Recreational Vehicle A vehicular type unit (motor home, camper, boat, motorcycle, travel trailer and the like) primarily designed for recreational, temporary or travel use.
Repair To put back in good condition after damage or decay.
Residential Condominium Project A condominium project for residential uses.
Residential Condominium Unit A condominium unit in a residential condominium project occupied by one family.
Resort Rental Unit A primary condominium unit or a split-off unit used in the room inventory of a resort for nightly rentals in accordance with Sections 16.06, 17.06 or 18.06.
Restaurant An establishment where meals are prepared and served to the public for consumption on the premises entirely.
Restaurant, Drive-In An establishment where meals may or may not be consumed on the premises.
Retail Services 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 A pond, pool or basin used for the permanent storage of water runoff.
School An institution licensed by the Arizona Department of Education.
Service Station See Automobile Service Station.
Setback The minimum allowable horizontal distance from a given point or line of reference to the 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.
Sidewalk A surfaced pedestrian way maintained on public right-of-way or private property.
Single Housekeeping Unit The functional equivalent of a traditional family, whose members are an interactive group of persons jointly occupying a residential unit, including the joint use of and responsibility for common areas, and sharing household activities and responsibilities such as meals, chores, household maintenance, and expenses, and where, if the residents are renters, all adult residents have chosen to jointly occupy the entire premises of the dwelling unit under a single written lease with joint use and responsibility for the premises, and the makeup of the household occupying the unit is determined by the residents of the unit rather than the landlord or property manager.
Site Plan The development plan for one or more lots on which is shown the existing and proposed conditions of the lot including: topography, vegetation, drainage, flood plains, marshes and waterways, open spaces, walkways, means of ingress and egress, utility services, landscaping, structures and signs, lighting and screening devices and any other information that reasonably may be required in order that an informed decision can be made by the approving authority.
Slope The degree of deviation of a surface from the horizontal, usually expressed in percent or degrees, or as a ratio.
Small Wireless Facility Has the same meaning as set forth in A.R.S. § 9-591.
Smoke For purposes of Section 31.24 means to inhale, exhale, burn, carry or possess any lighted recreational marijuana or lighted recreational marijuana products, whether natural or synthetic.
Solar Energy Collector Panel A panel designed to absorb sunlight and convert energy for generating electricity or heating fluids/conductors.
Split-Off Unit A single room portion of a residential condominium unit that has separate bathroom facilities, a separate living area, and a separate entrance from the primary condominium unit.
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.
Street Any existing or proposed street, avenue, boulevard, road, lane, parkway, place, bridge, viaduct, or easement for public vehicular access, or a street shown in a plat heretofore approved pursuant to law, or a street in a plat duly filed and recorded in the Maricopa County recorder’s office. A street includes all land within the street right-of-way, whether improved or unimproved, and includes such improvements as pavement, shoulders, curbs, gutters, sidewalks, parking spaces, bridges and viaducts.
Street, Arterial A street whose primary function is to carry traffic between and through major traffic generators.
Street, Collector A street whose primary function is to carry traffic from local streets to arterial streets and whose secondary function is to provide access to abutting properties.
Street, Cul-de-sac A short local street with a maximum length of four hundred feet having one end permanently terminated in and including a vehicular turning area.
Street, Frontage A local street parallel and adjacent to an arterial street which provides access to abutting property, intercepts other local streets and controls access to the arterial street.
Street, Local A street serving the primary function of providing access to abutting property.
Structure Anything constructed or erected, the use of which requires a fixed location on the ground, including a tent.
Structured Sober Living Home Any premises, place or building that provides alcohol-free or drug-free housing, promotes independent living and life skill development and provides structured activities that are directed primarily toward recovery from substance use disorders in a supervised setting to a group of unrelated individuals who are recovering from drug or alcohol addiction and who are receiving outpatient behavioral health services for substance abuse or addiction treatment while living in the home. A “structured sober living home” does not include a family group home or a private residence in which a related family member is required to receive outpatient behavioral health services for substance abuse or addiction treatment as a condition of continuing to reside in the family dwelling.
Subdivision Improved or unimproved land or lands divided for the purpose of financing, sale or lease, whether immediate or future, into four or more lots, tracts or parcels of land, or, if a new street is involved, any such property which is divided into two or more lots, tracts or parcels of land, or any such property, the boundaries of which have been fixed by a recorded plat, which is divided into more than two parts. Subdivision also includes any condominium, cooperative, community apartment, townhouse or similar project containing four or more parcels, in which an undivided interest in the land is coupled with the right of exclusive occupancy of any unit located thereon, but plats of such projects need not show the buildings or the manner in which the building or airspace above the property shown on the plat are to be divided.
Note: Subdivision does not include the following:
1. The sale or exchange of parcels of land to or between adjoining property owners if such sale or exchange does not create additional lots.
2. The partitioning of land in accordance with other statutes regulating the partitioning of land held in common ownership.
3. The leasing of apartments, offices, stores or similar space within a building or trailer park, nor to mineral, oil or gas leases.
Substantial Improvement Any repair, reconstruction or improvement of a structure, the cost of which equals or exceeds fifty percent of the market value of the structure. The term does not, however, include either:
a. Any project for improvement of a structure to comply with existing state or local health, sanitary, or safety code specifications which are solely necessary to assure safe living conditions.
b. Any alteration of a structure listed on the National Register of Historical Places or a State Inventory of Historical Places.
Support Structure The structure to which antennas and other hardware is mounted for the purposes of a wireless communications facility.
Tattoo Establishment, Body Piercing Establishment A business, establishment, club, or other organization that marks the skin with any indelible design, letter, scroll, symbol, figure or other mark placed with the aid of needles or other instruments upon or under the skin that will leave color or objects permanently and that cannot be removed, repaired or reconstructed except through a surgical procedure (also includes body piercing, modification establishments).
Tent A fabric shade canopy at a fixed location.
Tract An area, parcel, site or piece of land and property.
Unlisted Uses Uses are listed in Section 28, Zoning Matrix/District Requirements Summary. If a proposed use is not listed in Section 28, the zoning administrator shall determine if the proposed use is substantially similar to a permitted use; in that event, the zoning administrator shall assign the proposed use to a permitted use definition.
Use 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 Permit Approval by the council of a conditional use, with or without specific stipulations pertinent to development of the requested use or its manner of operation, in a district listing the use as one which may be conducted therein subject to obtaining a use permit.
Use, Temporary A use established for a fixed period of time with the intent to discontinue such use upon the expiration of the time period.
Utility Poles and Wires Poles, structures, wires, cable, conduit, transformers and related facilities used in or as a part of the transportation or distribution of electricity or power or in the transmission of telephone, telegraph, radio or television communications, but the term “utility poles and wires” shall not include wireless communication facilities.
Variance Written permission by the board of adjustment to differ from the zoning regulations.
Wall A screening structure or barrier constructed primarily of masonry.
Wall or Fence, Full View A wall or fence, constructed so that at least seventy-five percent of the top four feet of its height is open and unobstructed when viewed on a horizontal plane, from any point perpendicular to the fence line. A wall or fence is considered to be open and unobstructed even though metal rods, metal balusters, or fence posts are utilized within the top four feet so long as seventy-five percent of such area remains open.
Wall or Fence, Partial View A wall or fence, constructed so that at least seventy-five percent of the top two feet of its height is open and unobstructed when viewed on a horizontal plane, from any point perpendicular to the fence line. A wall or fence is considered to be open or unobstructed even though metal rods, metal balusters, or fence posts are utilized within the top two feet so long as seventy-five percent of such area remains open.
Wholesale The bulk sale of goods generally for resale to a person other than the direct consumer.
Winery/Distillery A place where wine or liquor is manufactured.
Wireless Communications Facility An unstaffed facility for the transmission and reception of personal wireless services radio or microwave signals. Personal wireless services includes commercial mobile services, common carrier wireless exchange access services, and unlicensed wireless services, but not direct-to-home satellite services. Wireless communications facilities are composed of two or more of the following components:
a. Antennas;
b. Support structure;
c. Equipment cabinet or building;
d. Security fencing.
Wireless Facility Has the same meaning as set forth in A.R.S. § 9-591 and includes a monopole.
Yard, Front An area extending the full width across the front of a lot, measured from the front property line inward to the front building setback line on the lot.
Yard, Rear An area extending the full width across the back of a lot, measured from the rear property line inward to the rear building setback line on the lot.
Yard, Side A yard measured from the side property line of the lot inward to the side building setback line and lying between the front yard and the rear yard, or in absence of either a front or rear yard, the front or rear lot setback lines respectively.
Yard Sale Also called garage sale or moving sale. The occasional sale of surplus personal property held on premises by the owner or occupant of a lot in a residential district. (Ord. 21-248 § 1; Ord. 18-227 § 1 (part); Ord. 18-223 § 1 (part); Ord. 16-211 § 1 (part); Ord. 15-203 § 1 (part); Ord. 14-197 § 1 (part); Ord. 11-168 § 1 (part); Ord. 11-167 § 1 (part); Ord. 11-166 § 1 (part); Ord. 11-163 § 1; Ord. 07-134 § 1 (part); Ord. 07-132 § 1 (part); Ord. 07-128 § 1 (part); Ord. 06-111 § 1 (part); Ord. 04-91 § 1 (part); Ord. 00-61 § 1 (part); Ord. 97-44 § 1 (part); Ord. 97-42 § 1 (part))