For the purposes of this Chapter, the following words and phrases shall have the meanings respectively ascribed to them by this Article. If not defined herein or within other sections of this Chapter, words and phrases used in this Chapter shall have the meanings provided in any standard dictionary as determined by the Development Services Director or his or her designee.
   ABUT. To touch or adjoin along a common border or property line.
   ACCESS. The way or means by which pedestrians and vehicles enter or leave property.
   ADJACENT. Next to or having a common boundary.
   ADJOINING. Touching or bounding at a point or line.
   AGENT. A person authorized, in writing, by an owner, to act on the owner's behalf for the purposes of representing the owner's interest before an official city body with regard to the development or non-development of the owner's land.
   ALLEY. A public right-of-way which affords a secondary means of vehicular access to properties adjoining the ALLEY and being on the side or rear of such properties.
   AMENDMENT. Any repeal, modification or addition to a regulation; any new regulation; any change in the numbers, shape, boundary or area of a district or in a plat; or any repeal or abolition of any map, part thereof or addition thereto.
   APPELLANT. That person or agency filing appeals, paying fees, and complying with the procedural requirements as stated in this Chapter.
   APPLICANT. That person or agency initiating action for changes or amendments, paying fees, and complying with the procedural requirements as stated in this Chapter.
   APPROVED LENDING INSTITUTION. Any of the following listed institutions, and any other lending institution approved by the City Engineer:
      (1)   Bank;
      (2)   Credit union; or
      (3)   Mortgage lending company currently approved by the Federal Housing Administration to act as a mortgagee, and qualified to transact business in the State of Arizona, and having a business office within the Phoenix metropolitan area.
   BLOCK. A piece of land, or parcel of land, or group of lots, entirely surrounded by public streets, private streets, water courses, parks, greenways, or a combination thereof.
   CC&R. Conditions, covenants and restrictions. See also PROTECTIVE COVENANT.
   CEMETERY. Any 1 or combination of more than 1 of the following, in a place dedicated and used or intended to be used for cemetery purposes:
      (1)   A burial park, for earth interment;
      (2)   A mausoleum, for crypt or vault entombments; or
      (3)   A crematory, or a crematory and columbarium, for cinerary interments.
   CHANNEL. A natural or artificial water course, including dry washes, at perceptible extent with definite bed and banks to confine and conduct continuously or periodically flowing water.
   CONDITIONAL APPROVAL. An affirmative action indicating that approval will be forthcoming upon satisfaction of certain specified stipulations or conditions.
   CONDOMINIUM. Any 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.
   CONSERVATION EASEMENT. A power invested in a qualified private land conservation organization or government to constrain, as to a specified land area, the exercise of rights otherwise held by a landowner, so as to achieve certain conservation purposes.
   CONSERVATION LANDS. Retention or acquisition of land for the purposes of preservation and public use.
   CONTROLLED ACCESS HIGHWAY. A divided expressway, including an interstate highway, which provides at least 2 moving lanes in each direction and for which curb cuts are prohibited and access is fully controlled. These generally serve high-speed interregional traffic or traffic which has either its origin or destination outside the city. Intersections have grade separations and are fully controlled. These routes are continuous throughout the area.
   CROSS SLOPE. The percent of slope measured at right angles to the natural contours along a line passing through the center of a probable building site. The lot CROSS SLOPE shall include the differences in the elevation of the natural grade and the elevation of the street giving access to the lot where this inclusion is necessary to provide safe and convenient access to the lot cut.
   DESIGN. The street alignment, grades and widths, alignments and widths of easements and rights-of-way for drainage and utility locations and the arrangement and orientation of lots.
   DEVELOPER. The person, individual, firm, corporation, partnership, association, syndication, trust or other legal entity or his, her or its successor, assignee or heir who intends to develop land for commercial, industrial or multiple-family or other residential purposes in accordance with the provisions of this Chapter.
   DRAINAGEWAY. An alignment for the purpose of routing stormwater.
   EASEMENT. An interest in a defined area of land granted to or owned by another that entitles its holder to specific limited uses and/or purposes.
   ENGINEERING PLANS. Plans, profiles, cross-sections and other required details, including narrative or reports, for the construction of improvements, prepared by a registered engineer in accordance with the approved preliminary plat and in compliance with standards of design and construction approved by the city.
   EXCEPTION. In legal descriptions of the area to be subdivided, that portion of lands to be deleted or excluded from the subdivided land.
   FILL. The placing, storing or dumping of any material, such as (by way of illustration, but not of limitation) earth, clay, sand, concrete, rock, rubble or waste of any kind upon the surface of the ground which results in increasing the natural ground surface elevation.
   FILL, SOLID. Any non-combustible material insoluble in water, such as soil, rock, sand or gravel that can be used for grading land or filling depressions.
   FINAL APPROVAL. Approval by the Council of the final plat as evidenced by the signatures required to complete the certifications necessary for final plat authorization to record the plat.
   FINISH GRADE. The final grade or elevation of the ground surface after grading is completed.
   FLAG LOT. A long, slender strip of land resembling a flag pole that extends from the typically rectangular main section of the lot or the "flag" to the street.
   FREEBOARD. A factor of safety usually expressed in feet above a design flood level for flood protection.
   GENERAL PLAN. An official public document adopted by the Council in accordance with A.R.S. § 9461 and which is a comprehensive, general and long-range policy guide for present and future development with any supplements thereto and which may include elements on but not limited to land use, housing, recreation, streets, schools, governmental services, utility provisions and environmental considerations.
   GRADE. The degree of inclination or declination.
   GRADING. Any excavating or filling or combination thereof, including:
      (1)   The conditions resulting from any excavation or fill;
      (2)   Any alteration of the natural drainage pattern; or
      (3)   The removal or rearrangement of surface soil.
   GROSS LOT AREA. The area of a lot or parcel, including all non-dedicated road rights-of-way and easements.
   HOMEOWNERS' ASSOCIATION. An association of real property owners having responsibilities with respect to common property of a project or specific area or subdivision, including but not limited to condominium associations.
   IMPROVED LOT OR PARCEL. A lot or parcel of a subdivision upon which there is a residential, commercial, industrial or public building or structure, or concerning which a valid building permit is in effect to erect such an improvement.
   IMPROVEMENTS. Such street work and utilities required to be installed or agreed to be installed by the subdivider on land to be used for public or private streets, highways, alleys, pedestrian ways and easements as are necessary for the general use of the lot owners in the subdivision and local neighborhood and for through traffic and drainage needs, and required as a condition precedent to the approval and acceptance of the final plat map, and may include but is not limited to street improvements-survey monuments, street name signs, guardrails, barricades, safety devices, fire hydrants, grading, retaining walls, storm drains, and flood control channels, erosion control structures, landscaping, sanitary sewers, streetlights, and other facilities as are required by the council, as well as utility installations (water, electric, gas, telephone).
   IRRIGATION FACILITIES. Canals, laterals, ditches, conduits, gates, pumps and allied equipment necessary for the supply, delivery and drainage of irrigation water and the construction, operation and maintenance of such.
   LAND SPLITS. The division of improved or unimproved land the area of which is 2.5 acres or less into 2 or 3 tracts or parcels of land for the purposes of sale or lease.
   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, 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 one public street or right-of-way, or easement determined to be adequate for the purpose of access. The word LOT is synonymous with the word PLOT or PARCEL.
   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), Zoning Ordinance.
   LOT, CORNER. A lot abutting on 2 or more intersecting streets where the interior angle of intersection does not exceed 135 degrees.
   LOT DEPTH. The average horizontal distance between the front and rear lot lines measured in the mean direction of the side lot lines.
   LOT, DOUBLE FRONTAGE (see also LOT, THROUGH). An interior lot abutting 2 parallel or approximately parallel streets.
   LOT, FRONTAGE. A lot boundary line at any point where it abuts a street, right-of-way or easement.
   LOT, INTERIOR. Any lot that is not a corner lot.
   LOT, KEY. An interior lot, one side of which is contiguous to the rear line of a corner lot.
   LOT LINE. The legal boundary of a lot or parcel.
   LOT LINE ADJUSTMENT. A procedure that may be used under certain specified circumstances as a method for making minor revisions to property lines between 2 or more existing lots within the same subdivision.
   LOT LINE, FRONT. On an interior lot, the front lot line is the property line abutting the street where access is provided. 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.
   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 boundary line, not a front or rear lot line. In the case of a corner lot, the lot line abutting the street side and which is not the front lot line shall be termed an EXTERIOR SIDE LOT LINE; all other side lot lines are termed INTERIOR SIDE LOT LINES.
   LOT OF RECORD. A lot which is part of a legal subdivision recorded in the office of the County Clerk in the county in which the lot is located, or a lot or parcel described by metes and bounds, or by a rectangular survey system.
   LOT OF RECORD, PREEXISTING NONCONFORMING. A tract of land on the date of adoption of this Chapter that:
      (1)   Has less than the prescribed minimum lot size, width or depth, or any combination thereof, for the zoning district within which it is located;
      (2)   Is shown by a recorded plat or deed to have been owned separately and individually when creation of a lot of such size, width or depth, or any combination thereof existed at that location; and
      (3)   Has remained in separate and individual ownership from adjoining tracts of land continuously during the entire time that creation of such a lot has been prohibited by the applicable zoning regulations.
   LOT, THROUGH. An interior lot abutting 2 parallel or approximately parallel streets.
   LOT, USABLE AREA. That portion of a lot usable for or reasonably adaptable to the normal use for which the lot is intended and not including area which is covered by water, is excessively steep, or has its normal use restricted by certain types of easements or setbacks.
   LOT WIDTH. The distance between side lot lines measured perpendicular to the lot depth at the front setback line.
   LOW IMPACT DEVELOPMENT. Systems and practices that use or mimic natural processes that result in the infiltration, evapotranspiration or use of stormwater in order to protect water quality and associated aquatic habitat.
   MARGINAL ACCESS STREET. A residential or non-residential street parallel and adjacent to a major thoroughfare, which provides access to abutting properties with protection from through traffic.
   NET LOT AREA. The area of lot or parcel, excluding dedicated and non-dedicated public road rights-of-way.
   OBSTRUCTION, ARTIFICIAL. Any hindrance which is not naturally existing.
   OPEN SPACE LANDS. The area or areas of a lot, parcel, or tract intended to provide light and air, and is designed and set aside for either scenic, aesthetic, conservation, or recreational purposes, excluding buildings, parking, man-made retention areas, driveways and other vehicular surfaces.
   OWNER. The person or legal entity who has the right to possess and use real property to the exclusion of others.
   PARENT PARCEL. A large parcel of land from which smaller parcels have been subdivided.
   PEDESTRIAN WAY. A public walk dedicated entirely through a block from street to street or parallel to a street and/or providing access to a school, park, recreation area or shopping center.
   PERSON. Any individual, corporation, partnership, company, firm, association or any other form of multiple organizations which may carry on business, foreign or domestic, or its successors or assignees, or the agent of any of the aforesaid.
   PLAT. A map of a subdivision.
   PLAT, FINAL. A final map, including supporting data and attachments of all or part of a subdivision essentially conforming to an approved preliminary plat and prepared in accordance with this Chapter and any other applicable statutes.
   PLAT, PRELIMINARY. A preliminary map, including supporting data and attachments, indicating a proposed subdivision prepared in accordance with this chapter and any other applicable statutes.
   PLAT, RECORDED. A final plat, including supporting data and attachments, and containing all of the certificates of approval required by this chapter and the state of Arizona and recorded in the County Recorder's office of the county within which the subdivision is located.
   PRINTS. To include but not limited to making reproductions of the original document by blueline or blackline (ozalid) prints.
   PRIVATE ACCESS WAY. Any private street or private way of access to one or more lots which is owned and maintained by an individual or group of individuals and has been improved in accordance with city standards and plans approved by the Development Services Project Engineer.
   PROTECTIVE COVENANT. A restriction on specified uses of private property within a subdivision for the purpose of providing mutual protection against undesirable aspects of development, usually in the form of an express agreement between the lot purchasers and the lot sellers (usually subdivider).
   PUBLIC IMPROVEMENT PERFORMANCE STANDARDS (ENGINEERING STANDARDS). A set of regulations setting forth the details, specifications and instructions to be followed in the planning, design and construction of certain public improvements in the city.
   RECLAMATION. A process of restoring land to its former or other productive use which achieves a stable ecological state, and which does not contribute substantially to environmental deterioration or the degradation of surrounding aesthetic values.
   RETENTION BASIN/AREA. A pond, pool, basin, or area used for the permanent storage of water runoff.
   RIGHT-OF-WAY. The entire strip of land lying between the property lines of a street, thoroughfare, or alley dedicated to the public and over which exists a legal right of passage by other persons.
   SALE or LEASE. Every disposition, transfer or offer, or attempt to dispose of or transfer land in a subdivision or an interest therein by a subdivider or his or her agent, including the offering of such property as a gift or prize if a monetary charge or consideration for whatever purpose is required by the subdivider or his or her agent.
   SEPTIC SYSTEM. A sewage system usually consisting of a septic tank, distribution box, and septic field or dry-well with service connecting pipes.
   SPITE STRIP. Strip of land which a grantor reserves in title for himself/herself when transferring a larger interest in land with the intent of compromising the transaction or any development.
   STREET. A way designated or intended for general public use, accepted by the Council, as a public right-of-way open to vehicular and pedestrian travel or a street shown on a plat heretofore approved pursuant to law or approved by official action; or a street on a plat duly recorded in the County Recorder's office. It shall not include a controlled access highway, thoroughfare, alley, private street or private driveway, but shall include "avenue," "boulevard," "circle," "court," "drive," "lane," "place," "road," "row," "walk" and other similar designations. Also included is the land between the right-of-way lines, whether improved or unimproved, and may comprise pavement, shoulders, curbs, gutters, sidewalks, viaducts, bridges, utilities, lawns and parking areas. Street types shall include the following:
      (1)   ARTERIAL. Provides for through traffic movement between areas of the city and which is used or is intended to be used as part of the principal network for through traffic within the city.
      (2)   COLLECTOR. That which is used or is intended to provide for the movement of traffic between major arterials and local streets within the city and may have direct access to abutting property.
      (3)   CUL-DE-SAC. A local street having only one outlet for vehicular traffic with a turn-around at the opposite end.
      (4)   FRONTAGE. A local street which is parallel to and adjacent to an arterial, limited access highway or thoroughfare, and which provides access to abutting land while relieving them of the effects of through traffic on the adjacent parallel facility. (Also referred to as MARGINAL ACCESS STREET.)
      (5)   LOCAL. Used primarily for providing direct access to abutting land and for local traffic movement connecting to collector and/or arterial streets.
   STREET, CENTERLINE OF. A line established as a centerline of a street by any state, county, municipality or other official agency or governing body having jurisdiction thereof and shown as such on an officially adopted or legally recorded map. Where street lines are indeterminate or where no official centerline of a street exists, the CENTERLINE shall be established by the Director of Public Works or his or her designee.
   STREET CLASSIFICATION PLAN. A plan which provides for the development of a system of major streets and highways, including the location, width and alignment of existing and proposed thoroughfares.
   STREET LINE. A line defining the edge of a street right-of-way and separating the street from abutting property or lots. If on the Street Classification Plan duly adopted by the Council a street is scheduled for future widening, the proposed right-of-way line shown on the plan shall be the STREET LINE.
   STREET WIDTH. The distance between street lines, measured at a right angle to the centerline of the street.
   SUBDIVIDER. A person, firm, corporation, partnership, association, syndication, trust or other legal entity that files the application and initiates proceedings for the subdivision of land in accordance with the provisions of this Chapter and any other applicable ordinance or statute, except that an individual serving as agent for such legal entity is not a SUBDIVIDER.
   SUBDIVIDER AGREEMENT. A written document submitted to and approved by the city setting forth certain agreements as to the development of the subdivision.
      (1)   Improved or unimproved land or lands divided or proposed to be divided for the purpose of financing, sale or lease, whether immediate or future, into 4 or more lots, tracts or parcels of land or, if a new street is involved, any such property as is divided into 2 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 2 parts. SUBDIVISION also includes any condominium, cooperative, community apartment, townhouse or similar project containing 4 or more parcels in which an undivided interest in the land is coupled with the right of exclusive occupancy of any unit located thereon, but plats of such projects need not show the buildings or the manner in which the buildings or airspace above the property shown on the plat are to be divided.
      (2)   SUBDIVISION does not include the following:
         (a)   The sale or exchange of parcels of land to or between adjoining property owners if the sale or exchange does not create additional lots;
         (b)   The partitioning of land in accordance with other statutes regulating the partitioning of land held in common ownership; or
         (c)   The leasing of apartments, offices, stores or similar space within a building or trailer park, nor mineral, oil or gas leases.
   SURVEYOR. A registered land surveyor authorized to practice in the State of Arizona under A.R.S. Title 32.
   TRACT. A defined area of land regardless of size.
   UNIMPROVED LOT OR PARCEL. A lot or parcel of a subdivision which has no development.
   UTILITIES. Installations or facilities, underground or overhead, furnishing for the use of the public (e.g., communication, drainage, electricity, gas, water, sewer, stormwater disposal, solid waste disposal and steam) which are owned and operated by any person, firm, corporation, municipal department or board duly authorized by state or municipal regulations. UTILITY or UTILITIES may also refer to such persons, firms, corporations, departments or boards as sense requires.
   WALKWAY, COMMON. Any parcel of land privately owned, contained within a building site area, and appropriated to the passage of tenants, employees or owners, but not a private walkway.
   WALKWAY, PRIVATE. Any parcel of land or extension of a dwelling unit appropriated to the passage of the resident of that dwelling unit to a common walkway, public walkway, driveway or street.
   WALKWAY, PUBLIC. Any parcel of land appropriated and dedicated by action of the Council to the free passage of the general public.
   WATER SUPPLY. Such system and distribution facilities as are necessary to provide a reliable and adequate amount for private use and public fire protection services.
   ZONING. The public regulation of the character and intensity of the use of real estate.
(Ord. 1503, passed - -2021)