§ 1-17-1 DEFINITIONS.

   For the purpose of this Chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

   ABUT. To touch or adjoin along a common border or property line.

   ABUTTING. Two or more lots or parcels of land sharing a common boundary line.

   ACCESS or ACCESS WAY. The means of ingress and egress connecting a property to the public roadway system.

   ACCESSORY DWELLING UNIT. A dwelling unit is an attached or detached residential dwelling unit that may provide complete independent living facilities for one or more persons, and which may include provisions for living, sleeping, eating, cooking, and sanitation on the same parcel where the primary single-family dwelling is situated. An accessory dwelling unit may also be known as a secondary dwelling unit, granny flat, property caretaker's dwelling or guest house, but should not be confused with "accessory structures".

   ACCESSORY STRUCTURE. A non-habitable structure which is incidental or subordinate to the main structure or use on the same building site.

   ACCESSORY USE. Incidental, related, appropriate and clearly subordinate to the primary use of a lot or building, which does not alter the principal use of the lot or building.

   ADMINISTRATIVE DECISION. Any action on a development application made by an authorized city employee, pursuant to this Chapter.

   ADMINISTRATIVE USE PERMIT. Authorization by the Zoning Administrator to use property in accordance with Zoning Code rules and regulations (see Vol. II, § 1-2-4).

   ADULT FOSTER CARE. A residential setting which provides room and board and adult foster care services for up to 10 adults in a family environment.

   ADULT FOSTER CARE HOME. A residential care institution licensed by the Arizona Department of Health Services, which provides supervisory care, personal care or custodial care services to not more than 10 adults who are unrelated to the manager or owner of the home and who require the assistance of not more than 1 person to walk or to transfer from a bed, chair or toilet, but who are able to self-propel a wheelchair.

   ADULT ORIENTED BUSINESS AND USE TERMS.

      (1)   ADULT ARCADE or PEEPSHOW. Any place to which the public is permitted or invited where coin-operated or slug-operated, or for any form of consideration, electronically, electrically or mechanically controlled still or motion picture machines, projectors, video or laser disc players, or other image-producing devices are maintained to show images to a person in a booth or a viewing room where the images so displayed depict or described specified anatomical areas or specified sexual activities.

      (2)   ADULT BOOKSTORE, ADULT VIDEO STORE or ADULT NOVELTY STORE. A commercial establishment which as one of its principal business purposes offers for sale or rental for any form of consideration any 1 or more of the following:

         (a)   Books, magazines, periodicals or other printed matter, or photographs, films, computer generated images, motion pictures, video cassettes or video reproductions, slides or other visual representations that depict or describe specified anatomical areas or specified sexual activities; or

         (b)   Instruments, devices or paraphernalia that are designed for use in connection with specified sexual activities, excluding condoms and other birth control and disease-prevention products.

         A commercial establishment may have other principal business purposes that do not involve the offering for sale or rental of material depicting or describing specified anatomical areas or specified sexual activities and still be categorized as ADULT BOOKSTORE, ADULT VIDEO STORE or ADULT NOVELTY STORE. Such other business purposes will not serve to exempt these commercial establishments from being categorized as an ADULT BOOKSTORE, ADULT VIDEO STORE or ADULT NOVELTY STORE so long as one of its principal business purposes is the offering for sale or rental for consideration the specified materials which depict or describe specified anatomical areas or specified sexual activities.

      (3)   ADULT CABARET. A nightclub, bar, restaurant or other commercial establishment licensed to serve alcoholic beverages pursuant to A.R.S. § 4-209(B), which regularly features, exhibits or displays as one of its principal business purposes:

         (a)   Individuals who appear in a state of nudity or semi-nudity;

         (b)   Live performances which are characterized by the exposure of specified anatomical areas or specified sexual activities; or

         (c)   Films, motion pictures, video cassettes, slides or other photographic reproductions which depict or describe specified anatomical areas or specified sexual activities.

      (4)   ADULT HOTEL/MOTEL. A hotel or motel or similar commercial establishment that:

         (a)   Offers public accommodations for any form of consideration; provides patrons with closed-circuit television transmissions, films, computer-generated images, motion pictures, video cassettes, slides or other photographic reproductions that depict or describe specified anatomical areas or specified sexual activities as one of its principal business purposes; and has a sign visible from the public right-of-way which advertises the availability of these adult types of photographic reproductions;

         (b)   Offers a single sleeping room for rent less than 10 hours in a 24-hour period; or

         (c)   Allows a tenant or occupant of a sleeping room to sublet the room for a period of time that is less than 10 hours in a 24-hour period.

      (5)   ADULT LIVE ENTERTAINMENT ESTABLISHMENT. A business that offers any of the following entertainment:

         (a)   Male or female adult services providers and employees who are nude or are in a state of nudity;

         (b)   Nude models; or

         (c)   Mud wrestling, wet T-shirt or other similar entertainment.

      (6)   ADULT MOTION PICTURE THEATER. A business where, for any form of consideration, films, motion pictures, video cassettes, slides or similar photographic reproductions are regularly shown as one of its principal business purposes that depict or describe specified anatomical areas or specified sexual activities.

      (7)   ADULT SERVICES. Dancing, service of food or beverage, modeling, posing, wrestling, singing, reading, talking, sitting or listening, or other performances or activities conducted for any consideration in a sexually oriented business by an individual who is nude or is in a state of nudity during all or part of the time the person is providing this service.

      (8)   ADULT SERVICES PROVIDER or EROTIC ENTERTAINER. Any individual who provides any adult services, whether an employee or independent contractor.

      (9)   ADULT THEATER. A business which regularly features, exhibits or displays, as one of its principal business purposes, individuals who appear nude, in a state of nudity or semi-nudity, live or by film, or plate negative, film or plate positive, film or tape designed to be projected on a screen for exhibition, or films, glass slides or transparencies, either in negative or positive form, designed for exhibition by projection on a screen, or any type of viewing booth or equipment, that expose or depict specified anatomical areas or specified sexual activities.

      (10)   BOOTH. A partitioned area in which coin or token operated video machines, projectors or other electronically or mechanically controlled devices are used in the regular course of business to produce still or moving picture images, that expose or depict specified anatomical areas or specified sexual activities.

      (11)   DISCERNIBLY TURGID STATE. Being visibly swollen, bloated, inflated or distended.

      (12)   EMPLOYEE. Any individual who performs any service on the premises of a sexually oriented business on a full-time, part-time or contract basis, whether or not the person is denominated as an employee, independent contractor, agent or otherwise, and whether or not the individual is paid a salary, wage or other compensation by the operator; does not include a person exclusively on the premises for repair or maintenance of the premises or for delivery of goods to the premises.

      (13)   ESCORT. An individual who, for tips or any other consideration, agrees or offers to act as a companion, guide or date for another individual or who agrees or offers to privately model or otherwise be clothed in lingerie or to privately perform a striptease for another individual.

      (14)    ESCORT AGENCY. A person or business that furnishes, offers to furnish, or advertises to furnish escorts as one of his, her, or its principal business purposes, for a fee, tip or other consideration.

      (15)   ESTABLISHMENT. The opening or commencement of any sexually oriented business as a new business; or the conversion of an existing business, whether or not a sexually oriented business, to any sexually oriented business; or the addition of any sexually oriented business to any other sexually oriented business; or the relocation of any sexually oriented business.

      (16)   FIGURE MODEL. Any individual who, for pecuniary compensation, consideration, hire or reward, poses in a modeling studio to be observed, sketched, painted, drawn, sculpted, photographed or otherwise depicted.

      (17)   MANAGER'S STATION. A permanently designated area marked accordingly within a sexually oriented business where a sexually oriented business manager is located in the normal course of operations.

      (18)    MODELING STUDIO. A business which provides, for pecuniary compensation, monetary or other consideration, hire or reward, figure models who, for the purpose of sexual stimulation of patrons, display specified anatomical areas to be observed, sketched, photographed, painted, sculpted or otherwise depicted by persons paying this consideration.

      (19)   NUDE, NUDITY or STATE OF NUDITY. The showing of the human male or female genitals, pubic area, vulva, anus, anal cleft/cleavage or buttocks with less than a fully opaque covering; the showing of the female breast with less than a fully opaque covering of any part of the nipple; or the showing of the covered male genitals in a discernibly turgid state.

      (20)   OPERATE A SEXUALLY ORIENTED BUSINESS; OPERATOR. Supervising, managing, inspecting, directing, organizing, controlling, or being responsible for, or in charge of, the conduct of activities of a sexually oriented business.

      (21)    PATRON or CUSTOMER. An individual invited or permitted to enter and remain upon the premises of a sexually oriented business, whether or not for consideration.

      (22)    PREMISES. Interior and exterior areas of a sexually oriented business establishment, including the parking lot.

      (23)   PRINCIPAL BUSINESS PURPOSES. A commercial establishment that derives over 50% of its gross income from the sale or rental of items in an adult bookstore, or adult video store, or adult novelty store.

      (24)   SEMI-NUDE or SEMI-NUDE CONDITION. A state of dress in which clothing covers no more than the genitals, pubic region, buttocks, areola of the female breast, as well as portions of the body covered by supporting straps or devices.

      (25)   SEXUAL ENCOUNTER CENTER. A business that as one of its principle business purposes offers for any form of consideration physical contact in the form of wrestling or tumbling between persons of the opposite sex, or activities between male and female persons and/or persons of the same sex, when 1 or more of the persons is in a state of nudity or semi-nudity.

      (26)   SEXUALLY ORIENTED BUSINESS. An adult arcade, adult bookstore, adult cabaret, adult live entertainment establishment, adult hotel/motel, adult motion picture theater, adult novelty store, adult theater, adult video store, escort agency, modeling studio, sexual encounter center, and any combination thereof.

      (27)   SEXUALLY ORIENTED BUSINESS MANAGER, or MANAGER. An individual on the premises of a sexually oriented business who is authorized to exercise overall operational control of the business.

      (28)   SPECIFIED ANATOMICAL AREAS.

         (a)   Less than completely and opaquely covered human genitals, pubic region, buttocks, and female breast below a point immediately above the top of the areola;

         (b)   Human male genitals in a discernibly turgid state, even if completely and opaquely covered;

         (c)   Any device, costume or covering that simulates any of the body parts included in divisions (a) and (b) of this definition.

      (29)   SPECIFIED SEXUAL ACTIVITIES. Whether performed directly or indirectly through clothing or other covering:

         (a)   The fondling or other erotic touching of human genitals, pubic region, buttocks, anus or female breast; or

         (b)   Sex acts, actual or simulated, including human masturbation, intercourse, oral copulation or sodomy; or

         (c)   Masturbation, actual or simulated; or

         (d)   Excretory functions as part of in connection with any of the other activities described in divisions (a) through (c) of this definition; or

         (e)   Human genitals in a state of sexual stimulation or arousal.

   ADVERSE IMPACT. A negative consequence to the physical, social, or economic environment resulting from an action or project.

   AGGRIEVED PERSON. The city, through the City Council, the Planning and Zoning Commission, or the Administrator; a county or municipality within an area designated as a joint planning area; applicants, persons, businesses, corporations, institutions, governments or other entities having standing to challenge a development order pursuant to Arizona law.

   AGRICULTURE. The tilling of the soil, raising of crops, horticulture, viticulture, silviculture, small livestock farming, dairying and/or pasture and range livestock production, including all uses customarily incidental thereto but not including slaughterhouses, fertilizer yards or plants for the reduction of animal matter, or any other industrial use which is similarly objectionable because of noise, odor, smoke, dust or fumes. AGRICULTURE does not include the concentrated single-use operation of feed lots, hog, turkey, chicken, fur-bearing animals or other similar farms, unless these operations are operated in conjunction with or are a part of the crop production of the same or adjoining parcels under common ownership.

   AIRPORT, COMMERCIAL. An airport, landing strip or landing field used by or available to commercial carriers, flight training schools, private pilots or owners of noncommercial aircraft on a commercial basis.

   AIRPORT, PRIVATE. An airport, landing strip or landing field owned and used by owners of noncommercial aircraft, including private bona fide flying clubs, on a noncommercial basis.

   ALLEY. Any dedicated way, intended for vehicular service to the rear or side of property served by a street. An ALLEY is not intended for general traffic circulation.

   ALTERATION. Changes in materials, additions, remodels, demolitions, and relocation of buildings or structures, but excluding ordinary maintenance and repairs.

   AMATEUR RADIO TOWER. A structure, either freestanding or building-mounted, that may consist of more than a single shaft of steel or concrete used to elevate an antenna intended for airway communication purposes by a person holding a valid amateur radio ("HAM") license issued by the Federal Communication Commission. For the purpose of interpreting this definition, connecting wires used for transmission and/or reception between poles, masts, or ancillary supports, shall be considered accessory appurtenances to the tower and not additional towers. Poles, masts, cross-wires for transmission/ reception and ancillary supports less than 18' high, or a maximum of 10' above the highest part of the residence, whichever is the greater, shall not be considered Amateur Radio Towers.

   ANCILLARY MANUFACTURING USE. A use or operation that is a subsidiary or secondary to the main use of a building (see Vol. II, § 1-6-26).

   ANIMAL HOSPITAL. A place where animals are given medical or surgical treatment and are cared for during the time of the treatment; use as kennel shall be limited to recovery time and shall be only incidental to such animal hospital use.

   APARTMENT. A residential dwelling unit for rent or lease within a multiple-family building.

   AREA, GROSS LOT. The area of a lot or parcel, including all easements and non-dedicated road rights-of-way.

   AREA, NET LOT. The area of a lot or parcel, excluding all dedicated and/or non-dedicated public road rights-of-way.

   ARTICLE. Subsections within a Chapter.

   ASSISTED LIVING FACILITY. A residential care institution intended for occupancy by persons of advanced age or limited ability for self-care, which may provide food, transportation, recreation, or other services to the residents thereof, and which is licensed by the Arizona Department of Health Services to perform supervisory care, personal care, or custodial care services.

   AUTOMOTIVE REPAIR. Engine rebuilding or major reconditioning, body shop work and the repair and replacement of parts to automobiles.

   AWNING. Roof like cover entirely supported by and extending from a building for the purpose of protecting openings therein, from the elements.

   BANNER. A temporary sign of fabric, plastic, paper or other pliable material not enclosed in a rigid frame.

   BAR. Premises used primarily for the sale or dispensing of alcoholic beverages by the drink for on-site consumption and where food may be available for consumption as an accessory use. Also known as a tavern or saloon.

   BARN. A building used for storing farm or ranch products and/or sheltering livestock. A horse shade shall not be considered a barn for purposes of this Chapter.

   BASEMENT. A story partly or wholly underground. A BASEMENT shall be counted as a story for the purpose of height measurement where more than ½ of its height is above finished grade.

   BED AND BREAKFAST. A house, or portion thereof, where short-term lodging rooms and meals are provided for up to 5 guestrooms. The operator of the inn shall live on the premises or in adjacent premises.

   BILLBOARD. Any sign designated for use with changing advertising copy and which is normally used for the advertisement of goods produced or services rendered at locations other than the premises on which the sign is located.

   BOARD OF ADJUSTMENT AND APPEALS. The Board of Adjustment and Appeals of the City of Apache Junction, Arizona, which hears appeals from this Chapter, among other things.

   BOARDING OR ROOMING HOUSE. A building where, for compensation and by pre-arrangement for definite periods, lodging is provided in a single housekeeping unit for 3 to 20 persons.

   BUILDABLE AREA. The buildable portion of the lot remaining after deducting all applicable road and alley easements, rights-of-way, and required building setbacks.

   BUILDING. Any structure having a roof supported by columns or by walls and intended for the shelter, housing or enclosure of persons, animals, or property of any kind.

   BUILDING, ENCLOSED. A building composed of rigid walls on all sides, and a roof.

   BUILDING ENVELOPE. The volume of space for building as defined by the minimum building setbacks and the maximum allowable building height.

   BUILDING FRONT. That side of a building which contains the main entrance for pedestrian ingress and egress and which faces the street or access easement. On a corner lot, the side of the building with the smallest linear dimension containing a main entrance shall be considered the BUILDING FRONT or building frontage. The front may be designated by the owner if the orientation is consistent with other lots and improvements in the immediate vicinity.

   BUILDING PERMIT. A permit required for the erection, construction, modification, addition to or moving of any building, structure or use in the incorporated areas of the city, pursuant to building codes adopted by the City Council.

   BUILDING SITE. A legally created parcel or contiguous parcels of land, which provides the area and the open space required by this Chapter, exclusive of all vehicular and pedestrian rights-of-way and all other easements that prohibit the surface use of the property by the owner thereof.

   BULK REGULATIONS. Dimensional zoning requirements including lot size, lot width, setbacks, height, lot coverage and density.

   CALIPER. A measurement of diameter taken on a circular tree trunk.

   CAMPGROUND. Any place where any bedding, sleeping bag or other sleeping matter is placed, established or maintained, whether or not the place incorporates the use of a tent, lean-to, shack or other structure or vehicle or part thereof.

   CANOPY. A roof-like structure supported by a permanent foundation and open on all 4 sides.

   CARETAKER. A person residing on the premises of an employer and who is receiving meaningful compensation to assume the primary responsibility for the necessary repair, maintenance, supervision or security of the real or personal property of the employer which is located on the same or contiguous lots or parcels of land.

   CARGO CONTAINER. See OVERSEAS SHIPPING CONTAINER.

   CARPORT. A permanent roofed structure or a portion of a main structure with not more than 2 enclosed sides used or intended to be used for automobile storage for the occupants of the premises.

   CARWASH. A facility for the cleaning and washing of motor vehicles including interior cleaning, vacuuming, waxing and detailing by means of self-service, automated mechanical equipment, manual labor, or combination thereof.

   CEMETERY. Land used or intended to be used for the burial of the dead, and dedicated for such purposes, including columbaria, crematoriums, mausoleums, and mortuaries when operated in conjunction with and within the boundaries of the premises.

   CENTERLINE. The centerline established by the City Engineer for any proposed or dedicated public way.

   CHILD. A person under 18 years of age.

   CHILD CARE HOME. Home based nursery schools, preschools, and day care facilities for children.

   CHURCH. A building, portion of a building, or group of buildings used primarily as a place of communion or worship, including convents, religious educational buildings and parish houses.

   CITY. The City of Apache Junction, Arizona.

   CLUB or LODGE. A regularly constituted association of persons, whether or not incorporated, regardless of form of ownership; who are bona fide members paying regular dues, primarily organized for some common social purpose and which derives not more than ½ of its revenue or income from the sale of goods and services to its members or others.

   COMMERCIAL HORSE BOARDING. A properly approved and licensed facility that commercially rents horse stalls on RS-GR, RS-54 and RS-54M zoned property with a minimum gross lot area of 2.5 acres.

   COMMERCIAL USE. The buying, selling, repair, leasing or storage of goods and services. This term shall not include manufacturing, distribution or general warehousing activities as a primary use.

   COMMISSION. The City of Apache Junction Planning and Zoning Commission.

   COMMUNICATION TOWER. A freestanding structure including appurtenances (greater than 34 feet in height) used for VHF and UHF television, AM and FM radio, two-way radio, common carriers, cellular telephone and microwave.

   CONDOMINIUM. An estate in real property consisting of an undivided interest in common in a portion of a parcel of real property together with a separate interest in space in a residential complex located on the real property. A CONDOMINIUM may include, in addition, a separate interest in other portions of the real property.

   CONTRACTOR'S YARD. The use of any lot or parcel of land for the commercial or noncommercial parking, storage, maintenance of commercial vehicles; and/or more than 1 piece of commercial machinery; and/or outdoor storage of building materials, aggregates, lumber, piping, vehicle parts, tires and the like.

   CONVENTIONAL CONSTRUCTION. A site-built building constructed on a permanent foundation, using individual structural components pursuant to the International Building Code as adopted by the city, and requiring normal phase inspection by the City Building Official.

   COUNCIL. The City Council of the City of Apache Junction, Arizona.

   COUNTY. Pinal County or Maricopa County, depending on the applicability, context and location of a specific parcel of property.

   COUNTY RECORDER. The County Recorder of Pinal and Maricopa Counties, depending on the applicability, context and location of a specific parcel of property.

   DAY CARE. The care, supervision and guidance of persons unaccompanied by parent, guardian or custodian, on a regular basis for periods of less than 24 hours per day in a place other than the person's own home.

   DAY CARE FACILITY. A facility in which day care is regularly provided for compensation in an appropriate business zoning district.

   DECORATIVE FENCE. Wrought iron, picket, split rail, post and rail, ornamental aluminum and plastic type fences; does not include wire, stockade or chain link type fences.

   DECORATIVE WALL. Architectural block, split faced block, split faced veneer, stucco or slump block that is painted or stained with an earth-tone color; does not include standard concrete block.

   DECORATIVE WATER FEATURE. Any man-made body of water or a structure containing a body of water not intended for swimming, diving or recreational bathing, such as a fish pond, waterfall or fountain, but does not include water tanks, retention basins, storage ponds or similar functional types of facilities that are not intended to be primarily decorative in nature.

   DENSITY. The maximum number of dwelling units permitted on a zoning lot or property.

   DENSITY, GROSS. Total number of residential units/gross land area. Gross land area includes non-dedicated road rights-of-way and easements, if any.

   DENSITY, NET. Total number of residential units/net land area. Net land area excludes all road rights-of-way.

   DETACHED (FREESTANDING) SIGN. A ground sign with no form of support other than its own structural members.

   DETACHED SINGLE-FAMILY RESIDENTIAL. See DWELLING, SINGLE-FAMILY.

   DEVELOPER. A person, firm, partnership, joint venture, association, corporation, groups or organization who shall participate as owner, promoter, developer, or sales agent in the planning, platting, development, promotion, sale or lease of a development.

   DEVELOPMENT. Any manmade change to improved or unimproved real estate, including but not limited to the division of a parcel of land into 2 or more parcels; the construction, reconstruction, conversion, structural alteration, relocation, or enlargement of any structure; any mining, excavation, landfill or land disturbance; and any physical use of land with or without accompanying buildings or structures.

   DEVELOPMENT AGREEMENT. A contract between a local jurisdiction and a person/legal entity that has ownership or control of property within the jurisdiction. The purpose of the agreement is to specify the standards and conditions that will govern development of the property. The development agreement provides assurance to the developer that he/she may proceed to develop the project subject to the rules and regulations in effect at the time of approval and that the development will not be subject to subsequent changes in regulations, unless otherwise stated. The city may include conditions and mitigation measures that must be met to assure that a project at a specific location does not have unacceptable impacts on neighboring properties or community infrastructure. The agreement may clarify how the project will be phased, the required timing of public improvements, the developer's contribution toward funding system-wide community improvements, economic incentives and other conditions. The agreement can also facilitate enforcement of requirements, since it is a contract that details the obligations of the developer and local jurisdiction.

   DEVELOPMENT SERVICES DIRECTOR. The Department Director of the Apache Junction Development Services Department, or his or her designated agent.

   DEVELOPMENTAL DISABILITY. Autism, cerebral palsy, epilepsy or cognitive disability.

   DIRECTOR. The Development Services Director of the City of Apache Junction.

   DISABLED and DISABILITY. Unless otherwise specified, the definition shall be the same definition as set forth in Arizonans with Disabilities Act of 1992, as codified in A.R.S. § 41-1492(5), as amended, and/or in the Americans with Disabilities Act, as codified in 42 U.S.C. §§ 12101 et seq. and 47 U.S.C. §§ 225 and 611, which shall include with respect to an individual, physical or mental impairment that substantially limits 1 or more of the major life activities of the individual, a record of such an impairment or being regarded as having an impairment.

   DORMITORY. A building intended or used principally for sleeping accommodations, where the building is related to an educational or religious institution.

   DOWNTOWN OVERLAY DISTRICT DESIGN GUIDELINES. The design guidelines approved by the City Council through Resolution 11-22.

   DRIVEWAY. A private, vehicular access connecting a house, carport, parking area, garage, or other buildings with the street.

   DWELLING. A building or portion thereof designed or used exclusively for residential occupancy, including single-family dwellings, two-family dwellings, duplexes, townhouses, triplexes, fourplexes, manufactured homes, mobile homes, modular homes, and multiple-family dwellings, but not including hotels, boarding and lodging houses.

   DWELLING, DUPLEX. A building containing 2 single-family dwelling units totally separated from each other by an unpierced wall extending from ground to roof.

   DWELLING, MULTIPLE. A building containing 2 or more primary dwelling units on a single lot. Types of multiple residence dwellings include duplexes, garden apartments, and multi-story apartment buildings.

   DWELLING, SINGLE-FAMILY DETACHED. A building containing 1 single-family dwelling unit that is not attached to any other dwelling unit.

   DWELLING UNIT. Any structure or part thereof designed to be occupied as the living quarters with a single housekeeping unit.

   EARTHTONE. A color scheme that draws from a color palette of browns, tans, and greens natural to the Sonoran Desert environment. The colors in an earth tone scheme are muted and flat in an emulation of the natural colors found in dirt, moss or trees, and rocks.

   EASEMENT. A portion of land created by grant or agreement (i.e., easement) that provides a specific right or privilege to use the property. Easements may, for example, be reserved or used for utilities, traffic access, drainage or other physical operations on the land.

   ELEVATION, ARCHITECTURAL. A two-dimensional scaled drawing of a building or structure.

   EXCAVATION. The removal of soil, rock, or other matter from a land area.

   FACTORY BUILT BUILDING. A residential or nonresidential building including a dwelling unit or habitable room thereof which is either wholly or in substantial part manufactured at an off-site location to be assembled on-site, except that it does not include a manufactured home, recreational vehicle or mobile home; also referred to as "modular" buildings or units.

   FAMILY. Any number of related persons, or a group of not more than 10 persons who are unrelated by blood, marriage, or adoption, living together within a single housekeeping dwelling unit and using common cooking facilities.

   FEED LOT. An animal feeding operation which is used in factory farming for finishing livestock, notably beef cattle, but also swine, horses, sheep, turkeys, chickens or ducks, prior to slaughter.

   FLOOR AREA. The sum of the gross horizontal areas of the several stories of the building measured from the exterior faces of the exterior walls or from the center line of party walls. Included shall be any basement floor, interior balconies and mezzanines, elevator shafts, and stair wells and enclosed porches. The floor area of accessory uses and of accessory buildings on the same lot shall be included.

   FOSTER HOME. A dwelling maintained by an individual or individuals having care or control of 1 but not more than 6 minor children, other than those related by blood, marriage or adoption, to those who are legal wards of such individuals, which is licensed by the Arizona State Department of Economic Security.

   FOSTER HOME, GROUP. A place suitable for the housing of more than 6 but not more than 10 minor children which is licensed by the Arizona Department of Economic Security.

   FREESTANDING/MONUMENT SIGN. See definition and illustrations in the "City of Apache Junction Commercial Design Guidelines".

   FRONT YARD. The area of the property between the dwelling unit and the fronting road right-of-way.

   FRONTAGE. The side(s) of a lot abutting on a street.

   FRONTAGE, DOUBLE. A lot which has two or more road frontages.

   GARAGE, PRIVATE. A detached accessory building or portion of the main building on the same lot for the parking or storage of vehicles of the occupants of the premises.

   GARAGE, PUBLIC. Premises used for the storage of cars or other vehicles, or where the vehicles are equipped for operation, or repaired, or kept for hire or sale.

   GARAGE, STORAGE. Premises, other than those herein defined as a private or public garage, used exclusively for the storage of vehicles and for no other purpose whatever.

   GENERAL PLAN. The most current version of the City of Apache Junction General Plan and all adopted amendments thereto.

   GRADE PLANE. The average of finished ground level adjoining the building at exterior walls. Where the finished ground level slopes away from the exterior walls, the reference plane shall be established by the lowest points within the area between the building and a point 6 feet from the building.

   GRANDFATHERED. A provision in an ordinance that, under certain circumstances, exempts those already involved in a legally regulated activity or business from the new regulations established by the ordinance; also referred to as a legal non-conforming use, structure or lot.

   GRAZING. The feeding of domestic livestock on an open range or fenced pasture for commercial purposes and uses customarily incidental thereto, but not including commercial slaughterhouses, stockyards, fertilizer yards, bone yards, or plants for the reduction of animal matter.

   GROSS DENSITY. See DENSITY, GROSS.

   GROSS FLOOR AREA OR "GFA". The sum of the areas of all floor levels of a building or structure measured within the exterior face of exterior walls or the centerline of walls separating 2 abutting buildings, but excluding any space where floor-to-ceiling height is less than 6 feet and 6 inches (6'6").

   GROSS LOT AREA or GROSS LAND AREA or GROSS ACRES. The area of a lot or parcel, including all non-dedicated road rights-of-way.

   GROUP CARE HOME. A dwelling shared as their residence by handicapped or disabled persons who reside together as a single housekeeping unit, in which staff persons may provide supervision, counseling, treatment or therapy for the residents therein, and which may be licensed by, certified by, registered with or otherwise authorized, funded or regulated, in whole or in part, by an agency of the state or federal government. The term shall include adult care homes, homes for the chronically mentally ill, homes for the developmentally disabled, group care agencies and similar residential living arrangements for handicapped or disabled persons, but shall not include boarding houses, nursing homes, substance abuse treatment facilities, or any facility providing treatment, counseling or therapy to patients or clients who do not reside on the premises.

   GUEST HOUSE. Living, eating, and sleeping quarters, not leased for income production, within an accessory building for the sole use of occupants of the premises, guests of such occupants, or persons employed on the premises.

   GUEST RANCH. A resort hotel and/or group of buildings containing sleeping units, meals, beverages and outdoor recreational activities on property not less than 3 gross acres in size.

   HALFWAY HOUSE. A group home for recently incarcerated persons.

   HANDICAPPED. The definition under the American with Disabilities Act of 1990, 42 U.S.C. §§ 12101 et seq., 47 U.S.C. §§ 225 and 611.

   HANGING SIGNS. Those which are located on the underside of a roof structure which extends out over a sidewalk adjacent to a building.

   HEAVY INDUSTRIAL. Industrial uses that may include outdoor assembly, manufacturing, processing, repair and/or storage, and that may generate traffic, noise, vibration, odor, glare, and/or light impacts that need to be conditionally managed.

   HEIGHT. See Vol. II, § 1-1-4(C)(3)(g).

   HELIPORT. A place designed or designated for the landing and taking off of helicopters.

   HORSE RENTAL STABLE. Enterprise providing horses and equipment rented on a temporary basis, and wherein the rented horses are permitted to be ridden away from the property either by individual renters, with a group or with a guide.

   HORSE SHADE or MARE MOTEL. An open air structure without walls consisting of a roof supported by columns and used exclusively for the shading of livestock and/or equine.

   HOSPITAL. An institution for the diagnosis, care and treatment of human illness, including surgery, primary treatment, and observation. Some hospitals may offer as part of their service, 24-hour emergency medical care, with ambulance receiving facilities.

   HOTEL - MOTEL. A structure or portion thereof, or a group of attached or detached structures containing completely furnished individual guest rooms or suites occupied less than 30 calendar days by any 1 individual or group of individuals, for compensation.

   HUD CERTIFIED PARK MODEL ALTERNATIVE. Department of Housing and Urban Development certified manufactured home that is oftentimes referred to as an "park model alternative unit" or "TAG mobile home unit" because it is sized and designed similar to a park model unit.

   IMPERVIOUS SURFACE. Includes all buildings or structures measured at their greatest extent and so as to include areas overhung by eaves, balconies, decks and other projecting features of the structure; also all paved or otherwise hard-surfaced areas such as roads, curbs and gutters, walks, parking lots and loading areas, and asphalt or concrete aprons for solid waste containers, signs or outdoor mechanical equipment.

   INDUSTRIAL USE. The excavation, transporting, manufacture, fabrication, processing, reduction or destruction of any article, substance or commodity, or any other treatment thereof in such manner as to change the form, character or appearance thereof, and including storage elevators, truck storage yards, warehouses, wholesale storage and other similar types of enterprise.

   INFILL. Development of vacant, underdeveloped or remnant lands passed over by previous development.

   INOPERABLE VEHICLE. Any whole, dismantled or partially dismantled, or obsolete vehicle which cannot be started and driven under its own power.

   JUNK YARD. The storage, keeping or abandonment of junk, including scrap material, or for the dismantling, demolition or abandonment of automobiles, or other vehicles or machinery parts thereof.

   KITCHEN. Any room or portion thereof in a building or dwelling unit which is used or intended to be used for cooking or preparation of food.

   LAND SPLIT. A division of land into no more than 3 parcels in accordance with the city's subdivision regulations.

   LANDSCAPING. The placement of trees, shrubs, vegetative and organic or inorganic materials including gravel, cinders, rock and bark materials.

   LIGHT INDUSTRIAL. Industrial uses that are located within an enclosed building and tend to generate moderate and manageable traffic, noise, vibration, odor, glare and/or light impacts.

   LIVESTOCK, LARGE. Cattle, oxen, horses, mules, donkeys, alpaca, llama, sheep, goats or similar sized hoofed animals.

   LIVESTOCK/FOWL, SMALL. Rabbits, potbellied pigs, parrots, pigeons, ducks, hens (not roosters), geese or similar sized animals.

   LIVE/WORK UNITS. A unique type of mixed-use development that combines residential living space and commercial or office space within one structure for a single owner/operator; enabling the city to adapt to changes in the economy and meet the needs of special groups such as artists or new businesses that need smaller, affordable work and housing space.

   LOT. A parcel of real property with a separate and distinct number or other designation shown on a plan or parcel map recorded in the office of the Pinal or Maricopa County Recorder's Office, or a parcel of real property delineated on an approved record of survey, parcel map or subdivision map as filed in the office of the Pinal or Maricopa County Recorder and abutting at least 1 public street or right-of-way, or easement determined to be adequate for the purpose of access.

   LOT AREA. The total area of a lot measured in a horizontal plane, included within the lot lines of a lot or parcel of land. Also see GROSS LOT AREA and NET LOT AREA.

   LOT AREA, MINIMUM. See Vol. II, § 1-1-4(C)(3)(j).

   LOT, CORNER. A lot located at the intersection of 2 or more streets.

   LOT DEPTH. The average horizontal distance between the front and rear lot lines measured in the mean direction of the side lot lines.

   LOT, INTERIOR. Any lot that is not a corner lot.

   LOT LINE. The legal boundary of a lot or parcel.

   LOT LINE, FRONT. On an interior lot, the front lot line is the property line abutting the street where access is provide. On a corner lot, the front lot line is the shorter property line abutting a street, except in those cases where the subdivision or parcel map specified another line as the front lot line. On a through lot or a lot with 3 or more sides abutting a street or a corner lot with lot lines of equal length, the Director shall determine which property line shall be the front lot line for the purposes of compliance with setback provisions.

   LOT LINE, INTERIOR. A lot line not abutting a street.

   LOT LINE, REAR. A lot line not abutting a street which is opposite and most distant from the front lot line. In the case of an irregular-shaped lot, a line within the lot, parallel to and at a maximum distance from the front lot line, having a length of not less than 10 feet; also a lot which is bounded on all sides by streets may have no rear lot lines.

   LOT LINE, SIDE. Any lot line which is not a front or rear lot line.

   LOT (SITE) COVERAGE. That portion of a lot or building site which is occupied by any building or structure, excepting paved area, uncovered decks/patios, uncovered parking areas, driveways, walks, lanai, terraces, swimming pools and landscaped areas.

   LOT TYPES. See diagram below:

   LOT WIDTH. Lot width is the distance between side lot lines measured perpendicular to the lot depth at the front setback line.

   MAIN STRUCTURE. In residential zoning districts, typically the primary dwelling unit, whereas in business and institutional zoning districts, the building in which business is conducted.

   MAINTENANCE. The replacing or repairing of a minor part or minor parts of a building or structure which have degraded by ordinary wear or tear or by the weather.

   MANUFACTURED HOME. A structure transportable in 1 or more sections which is 8 feet or more in width and 40 feet or more in length or when erected on-site is 400 or more square feet; manufactured after June 15, 1976, and built to Department of Housing and Urban Development ("HUD") standards with a HUD seal affixed; and which is designed to be used as a dwelling with or without a permanent foundation when connected to the required utilities. Modular homes are considered as manufactured homes in this Chapter.

   MANUFACTURED HOME PARK. Any development providing rental spaces for manufactured homes.

   MANUFACTURED HOME SPACE. A plot of ground within a manufactured home park designed for the accommodation of 1 manufactured home, together with its accessory structures, carports or other off-street parking areas, storage lockers, ramadas, cabanas, patios, patio covers, awnings and similar appurtenances.

   MANUFACTURED HOME SUBDIVISION. A development designed and intended for residential use with lots for sale where the residence consists exclusively of manufactured homes.

   MANUFACTURING. Designing, assembling, fabricating, producing, constructing or preparing a product or part of a product before sale or use.

   MEDICAL MARIJUANA USES. Taken from, in whole or in part, or related to the Arizona Medical Marijuana Act (A.R.S. Title 36, Chapter 28.1).

      (1)    CARDHOLDER. A qualifying patient, a designated caregiver or a nonprofit medical marijuana dispensary agent who has been issued and possesses a valid registry identification card.

      (2)    CULTIVATION. The process by which a person grows a marijuana plant.

      (3)    DESIGNATED CAREGIVER. A person who is at least 21 years of age, has agreed to assist with a patient's medical use of marijuana, has not been convicted of an excluded felony offense, and assists no more than 5 qualifying patients with the medical use of marijuana.

      (4)   DESIGNATED CAREGIVER CULTIVATION LOCATION. An enclosed, locked facility such as a closet, room, greenhouse or other building where a designated caregiver and cardholder, whose registration card indicates that the cardholder has been authorized to cultivate marijuana plants for a qualifying patient's medical use. The designated caregiver's cultivation location must be accessory to the designated caregiver's primary residence. Medical marijuana cultivation as an accessory use to the designated caregiver's primary residence must not be detectable from the exterior of the building in which the cultivation takes place.

      (5)   ENCLOSED LOCKED FACILITY. A closet, room, greenhouse, building or other enclosed area equipped with locks or other security devices that permit access only by a cardholder.

      (6)   MARIJUANA. All parts of any plant of the genus cannabis whether growing or not, and the seeds of such plant.

      (7)   MEDICAL MARIJUANA. All parts of the genus cannabis that may be administered to treat or alleviate a qualifying patient's debilitating medical condition or symptoms associated with the patient's debilitating medical condition.

      (8)   MEDICAL MARIJUANA INFUSION (OR MANUFACTURING) FACILITY. A facility that incorporates medical marijuana (cannabis) by the means of cooking, blending, or incorporation into consumable/edible goods. An infusion facility may be an existing commercial-zoned facility such as a bakery, restaurant or food products factory; or, it may be a "stand-alone" facility whose sole or primary purpose is to make consumer products such as lotions, balms or consumable/edible medical marijuana products.

      (9)    MEDICAL USE. The acquisition, possession, cultivation, manufacture, use, administration, delivery, transfer or transportation of marijuana or paraphernalia relating to the administration of marijuana to treat or alleviate a registered qualifying patient's debilitating medical condition or symptoms associated with the patient's debilitating medical condition.

      (10)   NONPROFIT MEDICAL MARIJUANA DISPENSARY. A nonprofit (not-for-profit) entity that acquires, possesses, cultivates, manufactures, transfers, transports, supplies, sells, gives, dispenses, or otherwise provides medical marijuana or related educational materials to cardholders.

      (11)   NONPROFIT MEDICAL MARIJUANA DISPENSARY AGENT. A principal officer, board member, employee, or volunteer of a nonprofit medical marijuana dispensary who is at least 21 years of age and has not been convicted of an excluded felony offense.

      (12)   NONPROFIT MEDICAL MARIJUANA DISPENSARY OFF-SITE CULTIVATION FACILITY. The additional location where marijuana is cultivated by a nonprofit medical marijuana dispensary.

      (13)   QUALIFYING PATIENT. A person who has been diagnosed by a physician as having a debilitating medical condition.

      (14)   QUALIFYING PATIENT CULTIVATION LOCATION. An enclosed, locked facility such as a closet, room, greenhouse or other building where a qualifying patient, who is also a cardholder authorized to cultivate marijuana plants. The qualifying patient's cultivation location must be accessory to the qualifying patient's primary residence. Medical marijuana cultivation as an accessory use to the qualifying patient's primary residence must not be detectable from the exterior of the building in which the cultivation takes place, and shall only be permitted if the residence is located at least 25 miles distance from a state certified nonprofit medical marijuana dispensary.

      (15)   REGISTRY IDENTIFICATION CARD. A document issued by the Arizona Department of Health Services that identifies a person as a registered qualifying patient, registered designated caregiver or a registered nonprofit medical marijuana dispensary agent.

      (16)   USABLE MARIJUANA. The dried flowers of the marijuana plant, and any mixture or preparation thereof, but does not include the seeds, stalks and roots of the plant and does not include the weight of any non-marijuana ingredients combined with marijuana and prepared for consumption as food or drink.

   MINIMUM LOT AREA. See Vol. II, § 1-1-4(C)(3)(j).

   MINIMUM LOT WIDTH. See Vol. II, § 1-1-4(C)(3)(h).

   MINING. Includes the land necessary or incidental to digging, excavating or otherwise procuring minerals and ores found in their natural state, or the operating of a rock crusher.

   MIXED USE DEVELOPMENT. Non-residential and residential uses on the same development site.

   MOBILE HOME. A structure generally referred to as being built prior to June 15, 1976, on a permanent chassis capable of being transported in 1 or more sections and designed to be used with or without a permanent foundation as a dwelling when connected to on-site utilities, except that it does not include recreational vehicles and factory-built buildings. See MANUFACTURED HOME.

   MOBILE HOME PARK. See MANUFACTURED HOME PARK.

   MOBILE HOME SPACE. See MANUFACTURED HOME SPACE.

   MOBILE HOME SUBDIVISION. See MANUFACTURED HOME SUBDIVISION.

   MONUMENT SIGN. Any low profile detached sign which is supported by a solid base of at least 75% of the sign width.

   MOTEL. See HOTEL.

   MULTIPLE-FAMILY RESIDENTIAL. Two or more units per building.

   MUNICIPAL SOLID WASTE LANDFILL. Any solid waste landfill that accepts household waste, household hazardous waste or conditionally exempt small quantity generator waste, which are defined as:

      (1)   CONDITIONALLY EXEMPT SMALL QUANTITY GENERATOR WASTE. Hazardous waste in quantities as described in 40 C.F.R. § 261.5, incorporated by reference and adopted and amended in A.R.S. § 49-701(4), and in the Arizona Administrative Code, Title 18, Chapters 1 through 13.

      (2)   HOUSEHOLD HAZARDOUS WASTE. Solid waste as described in 40 C.F.R. § 261.4(b)(1), incorporated by reference and adopted and amended in A.R.S. § 49-701(14), and in Arizona Administrative Code, Title 18, Chapters 1 through 13.

      (3)   HOUSEHOLD WASTE. Any solid waste including garbage, rubbish and also sanitary waste from septic tanks that is generated from households, including single and multiple family residences, hotels and motels, bunkhouses, ranger stations, crew quarters, campgrounds, picnic grounds and day-use recreation areas, not including construction debris, landscaping rubble or demolition debris.

   MURAL. An artistic rendering on a building which does not promote a particular business, service or product.

   NATIVE PLANT. A plant species that occurs naturally in a particular region, state, ecosystem and habitat without direct or indirect human actions.

   NET DENSITY. See DENSITY, NET.

   NET LOT AREA or NET LAND AREA or NET ACRES. The area of a lot or parcel, excluding dedicated and non-dedicated public road rights-of-way and alleys.

   NEW CONSTRUCTION. Structures for which the start of construction commenced on or after the effective date of this Chapter.

   NIT. A unit measure of luminance or brightness equal to 1 candela per square meter, measured perpendicular to the rays of the source.

   NONCONFORMING SIGN. Any sign which is currently not allowed under this Chapter, but which when first constructed, was legally allowed by the city.

   NONCONFORMING USE, STRUCTURE AND/OR LOT. See Vol. II, § 1-2-5.

   NURSERY. A place where young trees or other plants are raised for transplanting or for sale, but does not include commercial fertilizer yard or processing plant.

   OBSCENE. Offensive or outrageous to accepted standards of decency or modesty.

   OFFICE. A building or portion of a building wherein services are performed involving predominantly administrative, professional, or clerical operations.

   OFF-PREMISE/OFF-SITE ADVERTISING SIGN. A sign which contains a message unrelated to a business or profession conducted or to a commodity, service, or activity primarily sold, manufactured, fabricated, possessed or offered upon the premises where such sign is located.

   OFF-SITE. Any premises not located within the area of the property to be subdivided or developed, whether or not in the common ownership of the applicant for subdivision or development approval.

   ON-PREMISE ADVERTISING SIGN. A sign which contains a message related to a business or profession conducted or to a commodity, service, or activity primarily sold, manufactured, fabricated, possessed or offered upon the premises where the sign is located.

   OPEN SPACE. The area or areas of a lot or parcel intended to provide light and air, and is designed for either scenic, aesthetic or recreational purposes, excluding buildings, parking, driveways and other vehicular surfaces.

   OUTDOOR BUSINESS ACTIVITY/OPERATION. The outdoor fabrication, processing, manufacturing, repair or assembly of products in business zoning districts.

   OVERSEAS SHIPPING CONTAINER (also known as CARGO POD, CARGO CONTAINER, SHIPPING CONTAINER, MOBILE-MINI, STORAGE CONTAINER). An accessory structure that is a portable, reusable and prefabricated vessel, no larger than 9 feet tall, 8 feet wide, and 40 feet long, without an axle or wheels, that was:

      (1)   Originally designed for or used in the packing, shipping, movement or transportation of freight, articles, goods, or commodities; and/or

      (2)   Designed for or capable of being mounted or moved on a rail car or being mounted on a chassis or bogie for movement by truck trailer or loaded on a ship.

This definition does not include, and therefore does not allow, a semi-truck trailer in any form (intact, dissected, with or without wheels), railroad car (with or without wheels), mobile or manufactured home, park model, recreational vehicle, or bus, to be used as an accessory structure.

   PARAPET. That portion of an exterior wall that extends above the roof line.

   PARK MODEL or PARK TRAILER. A structure built on a single chassis, mounted on wheels and designed to be connected to the utilities necessary for the operation of installed fixtures and appliances and that has a gross interior area of not less than 320 square feet and not more than 400 square feet when prepared for occupancy.

   PARKING AREA or PARKING LOT. An area designed and constructed for the parking, storage and maneuvering of vehicles.

   PARKING SPACE. A space within a public or private parking area, exclusive of driveways, ramps, columns, offices and work areas, which space is for the temporary parking or storage of 1 motor vehicle.

   PERMIT. Any conditional use permit, administrative use permit, temporary use permit, building permit, license, certificate, approval, or other entitlement for development and/or use of property as required by any public agency.

   PLANNING AND ZONING COMMISSION. The City of Apache Junction Planning and Zoning Commission. Also referred to as the COMMISSION.

   PLEX RESIDENTIAL. Two to 4 residential units per building.

   POLE SIGN. See definition and illustrations in the "City of Apache Junction Commercial Design Guidelines".

   PONY WALL. A low wall often used as a garden wall or fence.

   POOL. See SWIMMING POOL.

   PORTABLE SIGN. A sign that is designed to be moved easily and is not permanently affixed to the ground, building, structure or vehicle.

   POST AND PANEL SIGN. A freestanding sign fabricated by using 2 visible posts to support the panel sign.

   PRE-SCHOOL. See DAY CARE.

   PRINCIPAL BUILDING or MAIN STRUCTURE or PRINCIPLE STRUCTURE. A building or buildings in which the dominant use of the lot on which it is situated is conducted. In any residential district, any dwelling (excluding an accessory dwelling or accessory apartment) shall be deemed to be the principal or main building of the lot on which it is situated. In a business zoning district, the store, shop and or office building shall be deemed the principal or main building.

   PRINCIPAL USE. The main or primary use of a parcel of land.

   PRIVATE STREET. A street, road or driveway on privately-owned property, limited to the use of the owner or a group of owners and guests who share the use and maintain the road without assistance from a government agency. The distinctions and standards related to private streets, roads, drives or access ways shall be determined by the Zoning Administrator.

   PROFESSIONAL. Includes but is not limited to accountants, architects, chiropodists, dentists, engineers, lawyers, naturopaths, osteopaths, physicians, surgeons, surveyors and veterinarians.

   PROJECTING SIGN. A sign, other than a flat wall sign, that projects more than 12 inches from the face of the building or structure upon which it is located.

   PROPERTY. Any real or tangible personal property.

   PROPERTY OWNER. The individual, corporation, firm, single proprietorship, partnership, trust or other legal entity that owns property.

   PYLON SIGN. A freestanding sign with visible support structure, with the support structure enclosed with a pole cover or some architectural feature. See illustrations in the "City of Apache Junction Commercial Design Guidelines".

   QUASI-PUBLIC USE. Uses which are considered to be dedicated to public service or to culture. Including for the purposes of this Chapter, public schools, hospitals, universities and churches.

   RAILROAD. Includes the land used for general railroad purposes, including mainline and switching trackage, repair shops, stations, communications, equipment, roundhouses, and storage facilities, but does not include railroad equipment (miniature or otherwise) operated by its owner as a hobby or as a part of the equipment of an amusement resort.

   RANCH HAND. See Vol. II, § 1-6-7(D)(7).

   RECREATIONAL FACILITIES. Those buildings, structures or areas built or developed for the purpose of entertaining, exercising or observing various activities participated in either actively or passively by individuals or organized groups.

   RECREATIONAL MARIJUANA USES.

      (1)   CHEMICAL EXTRACTION. The process of removing a particular component of a mixture from others present, including removing resinous tetrahydrocannabinol from marijuana.

      (2)   CHEMICAL SYNTHESIS. Production of a new particular molecule by adding to, subtracting from, or changing the structure of a precursor molecule.

      (3)   CITY. The City of Apache Junction.

      (4)   CONSUME, CONSUMING, AND CONSUMPTION. The act of ingesting, inhaling or otherwise introducing marijuana into the human body, including the inhaling or exhaling of smoke or vapor from an electronic device that can be used to deliver marijuana or marijuana products to a person, including, but not limited to, an electronic or vaping cigarette, equipment, or pipe.

      (5)   CONSUMER. An individual who is at least 21 years of age and who purchases marijuana or marijuana products.

      (6)   CULTIVATE AND CULTIVATION. To propagate, breed, grow, prepare and package marijuana.

      (7)   CULTIVATION SITE. A location where marijuana may be cultivated, infused, or prepared for sale by and for a dispensary.

      (8)   DELIVER AND DELIVERY. The transportation, transfer or provision of marijuana or marijuana products to a consumer at a location other than the designated retail location of a marijuana establishment.

      (9)   DEPARTMENT. The State of Arizona Department of Health Services or its successor agency.

      (10)   DUAL LICENSEE. An entity that holds both a nonprofit medical marijuana dispensary registration and a marijuana establishment license.

      (11)   ENCLOSED AREA. A building, greenhouse, or other structure that has:

         (a)   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.

      (12)   EXTRACTION. The process of extracting or separating resin from marijuana to produce or process any form of marijuana concentrates using water, lipids, gases, solvents, or other chemicals or chemical processes.

      (13)   MANUFACTURE AND MANUFACTURING. To compound, blend, extract, infuse or otherwise make or prepare a marijuana product.

      (14)   MARIJUANA. 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; and includes cannabis as defined in A.R.S. §13-3401; but 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.

      (15)   MARIJUANA CONCENTRATE.

         (a)   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.

      (16)   MARIJUANA ESTABLISHMENT. An entity licensed by the Department to operate a single retail location at which the licensee may sell marijuana and marijuana products to consumers, cultivate marijuana and manufacture marijuana products.

      (17)   MARIJUANA PRODUCTS. Marijuana concentrate and products that are composed of marijuana and other ingredients and that are intended for use or consumption, including edible products, ointments, and tinctures.

      (18)   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.

      (19)   NONPROFIT MEDICAL MARIJUANA DISPENSARY. A nonprofit entity as defined in A.R.S. §36-2801(12).

      (20)   OPEN SPACE. A public park, public sidewalk, public walkway or public pedestrian thoroughfare.

      (21)   PERSON. An individual, partnership, corporation, association, or any other entity of whatever kind or nature.

      (22)   PROCESS AND PROCESSING. To harvest, dry, cure, trim or separate parts of the marijuana plant.

      (23)   PUBLIC PLACE. The same meaning prescribed in the Smoke-Free-Arizona Act, A.R.S. §36-601.01.

      (24)   SMOKE. To inhale, exhale, burn, carry or possess any lighted marijuana or lighted marijuana products, whether natural or synthetic.

   RECREATIONAL VEHICLE. A vehicle or unit shall be described as 1 or more of the following:

      (1)   MOTOR HOME. Designed to provide temporary living quarters for recreational, camping or travel use, and built on or permanently attached to a self-propelled motor vehicle chassis or on a chassis cab or van that is an integral part of the completed vehicle. This includes:

         (a)   CLASS A. Vehicles built on a motorhome specific chassis by a recreational vehicle manufacturer, including a motorized toy hauler.

         (b)   CLASS B. Vans converted for recreational vehicle use by a recreational vehicle manufacturer.

         (c)   CLASS C. Vehicles built on a van or truck chassis with the original van or truck front intact by a recreational vehicle manufacturer.

         (d)   CAMPER VAN. Cargo or passenger van converted into a recreational vehicle by a professional or do-it-yourself ("DIY").

      (2)   PARK MODEL. Built on a single chassis, mounted on wheels and designed to be connected to utilities necessary for operation of installed fixtures and appliances and has a gross trailer area of not less than 320 square feet and not more than 400 square feet when it is set up.

      (3)   TRAVEL TRAILER. A trailer mounted on wheels and designed to connect to a hitch, designed to provide temporary living quarters for recreational, camping or travel use. This includes:

         (a)   CONVENTIONAL TRAVEL TRAILER. A trailer designed to be drawn by a motor vehicle and is constructed so that no part of its weight rests on the towing vehicle.

         (b)   FIFTH-WHEEL TRAVEL TRAILER. A trailer designed to connect to a hitch so that some part of its weight and that of its load rests on or is carried by another vehicle.

         (c)   HYBRID TRAILER. A trailer with expandable ends, pop-out beds, designed to be drawn by a motor vehicle and is constructed so that no part of its weight rests on the towing vehicle.

         (d)   POP-UP OR TENT CAMPER. A trailer that folds down small for storage and towing, designed to be drawn by a motor vehicle and is constructed so that no part of its weight rests on the towing vehicle.

         (e)   TEARDROP CAMPER. A trailer shaped as a teardrop, designed to be drawn by a motor vehicle and is constructed so that no part of its weight rests on the towing vehicle.

         (f)   NON-MOTORIZED TOY HAULER. A trailer, meant to carry "toys" from motorcycles, ATVs, golfcarts, etc., designed to be drawn by a motor vehicle and is constructed so that either no part of its weight rests on the towing vehicle or some part of its weight and that of its load rests on or is carried by another vehicle.

   RECREATIONAL VEHICLE PARK. Facilities for the temporary storage, parking and maneuvering of recreational vehicles with adequate roads and stall sites, including sanitary and water facilities with locations provided on a day-to-day basis.

   RECREATIONAL VEHICLE SPACE. A plot of ground within a recreational vehicle park designed for the accommodation of 1 recreational vehicle.

   RECYCLING CENTER. A building within which recoverable resources such as newspaper, glass and cans are collected, separated and processed essentially by hand prior to shipment to others for use in the manufacture of new products.

   REDEVELOPMENT. The act or process of renewing, rehabilitating, revitalizing, restoring, and/or renovating pre-existing buildings, structures and/or property in the city.

   REGULATION. An applicable provision or standard of this Chapter.

   REPAIR. An existing structural or mechanical element of a building or structure that has failed and needs to be maintained or replaced.

   RESTAURANT. A business establishment where meals and/or refreshments may be purchased for consumption on or off-site.

   RETAIL. The business of selling personal property directly to the ultimate consumer for any purpose other than for resale, or providing services or entertainment to the general public.

   RIGHT-OF-WAY. Lands which by deed, conveyance, agreement, easement, dedication, usage or process of law is reserved for or dedicated to the general public for street, highway, alley, public utility, pedestrian walkway, bikeway, drainage or other purpose.

   RIGHT-OF-WAY, ROAD. Land which by deed, conveyance, agreement, easement, dedication, usage or process of law is reserved for general public street, highway, alley, pedestrian walkway or bikeway access.

   ROADWAY. All or part of any platted or designed and reserved public street, highway, alley, lane, parkway, avenue, road, sidewalk, public utility easement or other public way.

   ROOF LINE. The top edge of a roof or building parapet, whichever is higher, excluding cupolas, pylons, chimneys, or similar minor projections.

   ROOF SIGN. See SIGN, ROOF.

   SETBACK, FRONT. The minimum required distance between any buildings and the road right-of-way fronting the property. For properties fronting a private street, the front setback shall be measured from the private road's edge of pavement or curb.

   SETBACK, REAR. The minimum required distance between any buildings and the rear lot line or road right-of-way at the rear of the property, whichever is less.

   SETBACK, SIDE. The minimum required distance between any buildings and the side lot line(s) or road right-of-way(s) on the side of the property, whichever is less.

   SIDEWALK. The portion of a street or cross walkway, paved or otherwise surfaced, intended for pedestrian use only.

   SIGN. Any device, fixture, placard, or structure that uses any color, form, graphic, illumination, symbol, or writing to advertise, announce the purpose of, or identify the purpose of a person or entity, or to communicate information of any kind to the public.

   SIGN, BUILDING. Any sign attached to, or painted on, any part of a building.

   SIGN, FREE STANDING/MONUMENT. Any sign supported by structures of supports that are placed on, or anchored in, the ground and that are independent from any building or other structure.

   SIGN, OFF-PREMISES. Any sign not located on the property in which it serves to advertise.

   SIGN, PERMANENT. A sign which is securely attached to the ground or a structure so that it can not readily be moved.

   SIGN, PORTABLE. Any sign not permanently attached to the ground or other permanent structure, or a sign designed to be transported, which includes but is not limited to: signs designed to be transported by means of wheels; A-frame type signs; menu and sandwich board signs; inflatables; banners; umbrellas used for advertising; and signs attached to or painted on vehicles parked and visible from public rights-of-way, unless said vehicle is properly parked and used for transportation purposes in the normal day-to-day operations of the business.

   SIGN, POST AND PANEL. See POST AND PANEL SIGN.

   SIGN, PROJECTING. A sign attached to a principle structure and extending outward from the wall more than 12 inches.

   SIGN, ROOF. A sign erected on a roof, or projecting above the highest point of the roof line, parapet, or fascia of a building.

   SIGN, TEMPORARY. Any sign that is used only temporarily and is not permanently mounted.

   SIGN, WINDOW. Any sign, pictures, symbol, or combination thereof, designed to communicate information about an activity, business, commodity, event, sale, or service that is placed inside a window or upon the window panes or glass and is visible from the exterior of the window.

   SINGLE-FAMILY DETACHED RESIDENTIAL. One unit per building.

   SITE-BUILT CONSTRUCTION. A conventionally constructed building on a permanent foundation, using individual structural components pursuant to the International Building Code as adopted by the city, and requiring normal phase inspection by the City Building Official.

   SITE PLAN. A plan, prepared to scale, showing accurately and with complete dimensioning all of the buildings, structures and uses and the exact manner of development proposed for a specific parcel of land.

   SOLAR FARM. An installation or area of land in which a large number of solar panels are set up in order to generate electricity for commercial sale.

   SOLAR PANELS. A panel designed to absorb the sun's rays as a source of energy for generating electricity or heat.

   SOLID WASTE LANDFILL. A facility, area of land or excavation in which solid wastes are placed for permanent disposal. SOLID WASTE LANDFILL does not include a land application unit, surface impoundment, injection well, compost pile or waste pile or an area containing ash from the on-site combustion of coal that does not contain household waste, household hazardous waste or conditionally exempt small quantity generator waste.

   SPECIFIC PLAN. A document encompassing a specific geographic area of the city which is prepared for the purpose of specifically implementing the General Plan by: (1) refining the policies of the General Plan to a specific geographic area; and (2) containing specific recommendation as to the detailed policies and regulations applicable to a focused development scheme. The specific plan shall consist of goals, objectives and policies; requirements for capital improvements; the level of service required for public facilities; physical and environmental conditions; transportation; circulation; housing and land use characteristics of the area; and maps, diagrams and other appropriate materials showing existing and future conditions.

   SPORT COURTS. Sport court or game court is a facility that is constructed to incorporate basketball, paddle tennis, volleyball and other similar court sports and activities within the same playing area. Sport courts are usually constructed using a rectangular cement slab with at least 1 basketball goal, center net posts and a net adjustment system to easily raise and lower the net from paddle tennis height to volleyball height. Lights, ball containment, hockey goals, shuffleboard markings, and practice components such as a rebounder are frequently incorporated into the design. Basketball backboards/hoops attached to the garage or standalone pole in the driveway are not classified as sport courts for the purposes of zoning regulation.

   STABLE, COMMERCIAL. A structure or site for horses, mules or ponies which are rented, used or boarded on a commercial basis for compensation.

   STABLE, PRIVATE. An accessory building for the keeping of horses, mules or ponies owned by the occupants of the premises and not rented, used or boarded on a commercial basis for compensation.

   STAFF. Employees of the City of Apache Junction.

   STATE. The State of Arizona and its agents and employees.

   STORAGE YARD. The outdoor storage of RVs, trucks and vehicles.

   STORY. That portion of a building included between the surface of any floor and the surface of the floor next above it, or if there be no floor above it, then the space between the floor and the ceiling next above it.

   STREET. A public thoroughfare or right-of-way or approved private thoroughfare or right-of-way determined by the Commission to be adequate for the purpose of access, which affords the principal means of access for abutting property, including avenue, place, way, drive, land, boulevard, highway, road and any other thoroughfare; including major and secondary highways, arterials, collectors, and local streets as defined below.

   STREET TYPES.

      (1)   Alley. A public or private way providing vehicular access to the rear or side of abutting properties.

      (2)   Arterial, major. Designated in the city's approved Street Classification Plan to carry the highest volumes of traffic across the city, often connecting to freeways, and providing access to major commercial and employment areas.

      (3)   Arterial, minor. Designated in the city's approved Street Classification Plan to carry large volumes of traffic across the city, not generally connecting to freeways, and providing access to commercial and employment areas.

      (4)   Collector street. Serves as a connection between local and arterial streets. Collector streets carry moderate amounts of traffic.

      (5)   Cul-de-sac. Connects to another street at 1 end and terminating in a vehicular turnaround.

      (6)   Local street. Provides direct access to properties.

   STRUCTURAL ALTERATION. Any change in or modification to a structure involving a bearing wall, column, beam or girder, floor or ceiling joists, roof rafters, roof diaphragms, foundations, piles, retaining walls or similar components, or which extends the height, bulk or area thereof.

   STRUCTURE. Anything constructed or erected which requires location on or in the ground or is attached to something having a location on the ground, but does not include freestanding mailboxes, on-grade slabs, walks, driveways, landscaping materials or fences.

   SUBDIVISION. See Apache Junction City Code, Vol. II, Chapter 2, Subdivision Regulations.

   SUBSTANTIAL IMPROVEMENT. Any new construction on a vacant lot, and any reconstruction, rehabilitation, addition, or other modification of a structure that exceeds 50% of the existing structure's market value, or exceeds 50% of the existing structure's floor area, but does not include the following:

      (1)   Modification of a structure to correct existing violations of state or local health, sanitary, or safety code specifications which have been identified by the local code enforcement official and which are the minimum necessary to ensure safe living and/or working conditions; or

      (2)   Costs of alterations or modifications whose express purpose is the mitigation of future stormwater damage.

   SWIMMING POOL. Any man-made body of contained water in excess of 18 inches in depth that is intended for the purposes of swimming, diving or recreational bathing, including in-ground or above-ground swimming pools, wading pools or any similar body of water.

   TEMPORARY USE OR STRUCTURE. A use or structure that is established for a fixed period of time, to be discontinued upon the expiration at a designated time, and that does not involve the construction or alteration of any permanent structure.

   TENANT FRONTAGE. The width of the leased space fronting the road.

   TRAIL, EQUESTRIAN. A linear path designated for horses.

   TRAIL, MULTI-USE. A linear path designated for pedestrians, bicycles, and horses.

   TRANSFER FACILITY. A site that is owned, operated or used by any person for the rehandling or storage for 90 days or less of solid waste that was generated off-site for the primary purpose of transporting that solid waste, including those facilities having significant solid waste transfer activities that warrant the facility's regulation as a transfer facility.

   TRAVEL TRAILER. See RECREATIONAL VEHICLE.

   TRUCK STOP. A facility for the servicing of trucks and tractor trailers, with or without a convenience market and has 4 or more diesel fuel pumps, 2 or more truck washing bays and facilities for the repair of diesel engines.

   TRUCK YARD. The parking, storage or maintenance of 2 or more commercial vehicles on any given lot or parcel of land.

   UNLICENSED VEHICLE. Any motor vehicle which is not currently licensed in the State of Arizona.

   USE. The purpose for which land or a building is arranged, designed or intended, or for which either land or building is or may be occupied or maintained.

   USE, CONDITIONAL. An activity which, because of its unique characteristics, is not classified as a permitted use by right in a particular district and must be conditionally controlled to protect surrounding properties.

   USE, PERMITTED BY RIGHT. Any activity that is or may be lawfully established in a particular zoning district, provided that it conforms with all zoning requirements.

   USE, PROHIBITED. An activity not specifically allowed nor analogous to those specifically allowed in a particular zoning district.

   UTILITY FACILITIES. Buildings, structures, or land used by a utility, railroad, or governmental agency for uses such as, but not necessarily limited to, water or sewage treatment plants or pumping stations, substations, telephone exchanges, and resource recovery facilities, but not including land, buildings, or structures used solely for storage and maintenance of equipment and materials.

   VARIANCE. A grant of relief from the requirements of the Zoning Code which permits construction in a manner that would otherwise be prohibited, generally involving dimensional and locational provisions, but not land use.

   VEHICLE. A device used for transporting people or goods.

   VIEW CORRIDOR. The area or areas along a street, pedestrian path, hiking trail or other such openings that allow for a clear and unobstructed view of or frames, highlights or accentuates, a prominent building, object, site, structure, scene, or panorama, patterns or rhythms of buildings, objects, sites or structures.

   WAREHOUSE. A building or portion thereof used for the commercial storage of goods or merchandise and where no retail or wholesale operations are conducted at the site.

   WAREHOUSING. Loading, unloading, storing or otherwise moving any item or items to and from trucks, railroad cars, conveyors and buildings.

   WAREHOUSING, MINI. Buildings which are composed of contiguous individual rooms which are rented to the public for the storage of personal property and which have independent access and locks under the control of the tenant; but excluding the storage of explosive, corrosive or noxious materials, such as dust, fumes, or noise that could be dangerous, injurious, distasteful, pernicious or obnoxious to man or other organisms or properties; and further excluding any other use otherwise permitted in the zoning district.

   WASTE TIRE. Any tire that:

      (1)   Is no longer suitable for its original intended purpose because of wear;

      (2)   Is removed from a motor vehicle and is retained for further use;

      (3)   Has been chopped or shredded; and

      (4)   Is otherwise defined in A.R.S. § 49-701(39), as amended.

   WASTE TIRE COLLECTION SITE. A site where waste tires are collected before being offered for recycling or reuse and where more than 500 tires are kept on site on any day.

   WATER OR DRAINAGE COURSE. Any lake, river, creek, stream, wash, arroyo, channel or other course through which waters flow at least periodically. The term may include specifically designated areas in which substantial flood damage may occur.

   WHOLESALING. The selling of any type of goods or materials for the purpose of resale.

   YARD. Any open space on the same lot with a building or dwelling, which open space is unoccupied and unobstructed from the ground to the sky except for the projections permitted by this Chapter.

   ZONE or DISTRICT. A classification established by this Chapter which regulates various and specific uses.

   ZONING ADMINISTRATOR. The Zoning Administrator is the city official(s) established pursuant to A.R.S. § 9-462.05, as amended, that is charged with responsibility for interpretation and administration of the Zoning Code. The Development Services Director ("Director") or his/her designee shall serve as the Zoning Administrator.

   ZONING ORDINANCE or CODE. The zoning regulations of the City of Apache Junction, Arizona, set forth in Apache Junction City Code, Vol. II, Chapter 1, Zoning Ordinance; also referred herein as "the Ordinance", "this Chapter", "this" or "the" "Code".

(Ord. 1402, passed 5-6-2014; Ord. 1506, passed 7-20-2021; Ord. 1509, passed 8-17-2021; Ord. 1546, passed 3-19-2024)