Section 2.02   Definitions
   (1)   ACCESS: The place, means, or way by which vehicles and pedestrians shall have safe, adequate, and usable physical and legal ingress/egress to and from a property. The physical and legal access shall be one and the same, unless otherwise approved by the Zoning Administrator.
   (2)   ACRE: 43,560 square feet.
   (3)   ADULT ORIENTED FACILITIES including the following:
      (A)   Adult Bookstore;
         1)   Having as a substantial portion of its stock in trade, novelties, devices, books, pictures, magazines, and other periodicals depicting, describing, or relating to "specified sexual activities" or which are characterized by their emphasis on matter depicting, describing, or relating to "specified anatomical areas."
         2)   Having as a substantial portion of its stock in trade, books, magazines, and other periodicals, and which excludes all minors from the premises or a section thereof.
      (B)   Adult Live Entertainment Establishment is an establishment which features topless or bottomless dancers, go-go dancers, exotic dancers, strippers, or similar entertainers.
      (C)   Adult Theater is an enclosed building or open-air drive-in theater regularly used for presenting any film or plate positive film or videotape designed to be projected on a screen or otherwise displayed for exhibition, or films, glass slides, or transparencies, either in negative or positive form, designed for exhibit by projection on a screen or holographic projections or other methods known or to become known for projection or display, depicting, describing, or related to "specified sexual activities" or characterized by emphasis on matter depicting, describing, or relating to "specified anatomical areas," which regularly excludes all minors.
      (D)   A Massage Establishment that is not located in an office associated with a physician, chiropractor, podiatrist, medical office, beauty salon, resort, or health club where any person, firm, association, or corporation engages in or carries on or permits to be engaged in or carried on any massage activities identical or similar to massage therapy as defined herein.
   (4)   AMENDMENT: A change in the wording, layout, or format of this Ordinance or any change in the district boundaries or classifications upon the zoning district map.
   (5)   AIRPORT: An approved landing area used by aircraft.
      (A)   Helipad: An area on a heliport established for the landing or take-off of helicopters.
      (B)   Heliport: An approved landing area for the sole use of helicopters. A heliport may include more than one helipad.
      (C)   Landing Area: Any approved area which is used or intended to be used for the landing and take-off of aircraft.
   (6)   ALLEY: A public way other than a street which provides a secondary means of legal vehicular access to abutting property.
   (7)   AS-BUILT PLANS: Certification that a project is built in accordance with a lawfully issued permit. A registered professional architect, engineer, or surveyor shall certify the actual construction.
   (8)   ASSISTED CARE FACILITY: A residential care institution (facility) subject to licensing by the State of Arizona that provides choices and varying levels of personal and health related services including, supervisory care, personal care, or custodial care services. (Ord. #2006-05)
   (9)   BED AND BREAKFAST: A single family-dwelling where the owners provide temporary lodging including breakfast to guests for compensation.
   (10)   BOARDING HOUSE: A building where lodging is provided for three (3) or more persons but not exceeding twenty (20) persons.
   (11)   BRAIDED STREAM: A shallow stream (with a large width/depth ratio) within which the normal flow passes through a number of smaller interlaced channels separated by bars or shoals.
   (12)   BUILDABLE AREA: The portion of a lot which is within the area formed by the required yard (building setbacks) or within the building envelope in the case where a building envelope has been established.
 
Figure 2.1: Illustration of buildable area.
   (13)   BUILDING: A permanent structure having a roof supported by columns or walls.
   (14)   BUILDING, ACCESSORY: A detached structure which is subordinate to and incidental to the main use of the principal structure on the same lot. Accessory structures must be located in the building envelope and shall comply with the applicable sections of this Ordinance.
   (15)   BUILDING ENVELOPE: The portion of a lot within the buildable area that may be disturbed as illustrated and is recorded in association with a final plat.
 
Figure 2.2: Illustration of building envelope.
   (16)   BUILDING, HEIGHT: The vertical distance of a building or structure measured from the structure’s design grade, at any individual point within the building footprint, to the highest point of a roof or parapet. (Ord. 2016-04)
   (17)   BUILDING, PRINCIPAL: A building which houses the principal use of the lot.
   (18)   BUILDING SETBACK (required yard): The horizontal distance prescribed per zoning district measured from the property line towards the center of the property. This open space shall be unoccupied and unobstructed by any portion of a structure from the ground upward, except as otherwise provided in this Ordinance. In order to maintain the community’s native desert character and identity, no non-native shrubs, plants or trees shall be planted within any building setback. Where the existing desert vegetation is sparse native, drought tolerant and/or desert hybrid shrubs, trees and/or cacti may be planted within the building setback but shall not create a structure as defined in this Ordinance. (Ord.#2007-05)
   (19)   CAMPER: A camper is a structure designed for occupancy as a dwelling or sleeping place by one (1) or more persons, which may be placed upon or attached to a vehicle.
   (20)   CARPORT: A permanent roofed structure with two (2) or more open sides used or intended to be used for motorized vehicle shelter.
   (21)   CEMETERY: A place for the burial of the remains of deceased humans either below ground or in a mausoleum or other structure above ground.
   (22)   CONSERVATION EASEMENT: A permanent open space granted to the Town or to a public trust to prohibit development of property including roads and utilities and to retain and preserve the undisturbed land for the scenic enjoyment of the general public.
   (23)   CONTINUING CARE RETIREMENT COMMUNITY: A community subject to licensing by the State of Arizona which offers several levels of assistance, including independent living, assisted living and nursing home care. (Ord. #2006-05)
   (24)   CONVALESCENT HOME OR NURSING HOME: Any place or institution, licensed by the State of Arizona as a convalescent or nursing home, which makes provisions for bed care, chronic care, or convalescent care for one or more persons who by reason of illness or physical infirmity are unable to properly care for themselves. This does not include home care by relatives. A nursing home typically provides 24-hour skilled care for the more acute patients. (Ord. #2006-05)
   (25)   DESIGN GRADE: The lowest finished floor grade of an existing or proposed building or structure. (Ord. #2016-04)
   (26)   DETENTION BASIN: A reservoir where water is stored for regulating a flood and having outlets for releasing the flows during a flood event.
   (27)   DEVELOPMENT: A man-made change to property, such as buildings or other structures, mining, dredging, filling, grading, paving, excavation, or drilling operations.
   (28)   DISTURBED AREA: The total area of grading or other disturbance of natural terrain and vegetation typically occurring within a building envelope.
   (29)   DRIVEWAY: A vehicular access way that serves a single principal use or parcel.
   (30)   DWELLING, MULTIPLE -FAMILY: A building containing three (3) or more housekeeping units. (Ord. #2016-06)
   (31)   DWELLING, SINGLE-FAMILY: A building designed for occupancy by one (1) housekeeping unit. (Ord. #2016-06)
   (32)   DWELLING, TWO-FAMILY: A building designed for occupancy by two (2) housekeeping units in separate and distinct quarters. (Ord. #2016-06)
   (33)   DWELLING UNIT: A building or portion thereof containing cooking accommodations and designed or used exclusively for residential occupancy by a single housekeeping unit.
   (34)   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 for a manufactured home or recreation vehicle as defined by this Ordinance. A factory-built building shall be erected on a permanent foundation in accordance with the Uniform Building Code (UBC) as adopted by the Town.
   (35)   FLOOD PLAIN: The portion of a watercourse, outside of the stream channel but adjacent to it, which is described by the perimeter of the probable limiting flood. It is the land which is not covered by the stream at low or average flow but which has been flooded in the past or is likely to be flooded.
   (36)   FLOOD, REGULATORY: The 100-year flood with a peak discharge of 50 cubic feet per second (cfs) , or greater, and which has a one percent (1%) chance of being equaled or exceeded in any given year.
   (37)   FLOODING, SHEET: A condition which occurs within those areas which are subject to flooding of about one (1) foot in depth, more or less, during the regulatory flood, and where a clearly-defined channel does not exist, so that the path of the flooding is often unpredictable and indeterminate.
   (38)   FLOW, SHEET: The shallow, diffuse runoff produced from rainfall on a large flat surface. It is characterized by approximately equal depth of runoff across a broad width of flow.
   (39)   FLOODWAY: The area along a watercourse which will allow passage of the regulatory flood without increasing flood elevations by more than one (1) foot after a hypothetical encroachment has been made into the floodway fringe.
   (40)   FLOODWAY FRINGE: The portion of the regulatory flood plain that lies outside the floodway.
   (41)   GARAGE, PRIVATE: A covered and completely enclosed building designed for the parking of motor vehicles. A private garage is accessory to the principal structure.
   (42)   GARAGE, PUBLIC: A building or portion thereof, other than a private garage, designed or used for servicing, repairing, equipping, hiring, selling, or storing motor vehicles.
   (43)   GRADING: Any land excavation, land clearing, land filling, or disturbance of natural terrain and vegetation, or combination thereof.
   (44)   GRADE, FINISHED: The proposed and ultimately the final grade of the lot.
   (45)   GRADE, NATURAL: The original undisturbed natural surface of the lot.
   (36)   GROUP HOME: A long-term residential care facility licensed by the State of Arizona functioning as a single housekeeping unit providing meals, supervision, and other support services for not more than ten (10) residents (greater than ten residents is defined as a supervisory care facility), that are physically, emotionally, and/or mentally disabled individuals not related to the owner/manager of the group home. Typical uses include adult care homes, homes for the developmentally disabled, group foster homes, and homes for the chronically mentally ill. A group home does not include nursing homes, shelter facilities, or community correctional facilities.
   (47)   GROSS FLOOR AREA: The floor area contained inside the building as measured along the exterior walls of the building.
   (48)   GUEST RANCH: A building or group of buildings containing two or more temporary guest rooms including but not limited to such facilities as swimming pools, tennis courts, shuffleboard courts, barbecue and picnic facilities, and dining facilities intended for use primarily by guests of the guest ranch.
   (49)   GUEST HOUSE: Living quarters in an accessory building or attached to the principal residence, which may include cooking facilities, used to house guests or domestic attendants of the occupants of the principal building, and which shall never be rented or offered for rent or lease separate from the principal residence.
   (50)   HOME OCCUPATION: An occupation or profession customarily conducted entirely within a dwelling and carried on by a member(s) of the housekeeping unit residing therein. The occupation or profession is clearly incidental and subordinate to the use of the dwelling for dwelling purposes and does not change the character of the dwelling. There are no employees other than a member(s) of the housekeeping unit residing in the dwelling. No mechanical equipment is allowed except for that which is customarily used for domestic, hobby, or household purposes. (Ord. #2016-06)
   (51)   HOUSEKEEPING UNIT: One (1) or more persons living, sleeping, and cooking in a single dwelling unit who share housekeeping tasks and responsibilities as an interdependent unit.
   (52)   HOSPITAL: An institution for the diagnosis, treatment, or other care of human ailments. The term hospital is deemed to include sanitarium, clinic, nursing home, convalescent home, and maternity home.
   (53)   HOTEL/MOTEL: A commercial building that provides guest rooms for the lodging of travelers and other temporary residents and may include customarily incidental uses such as, but not limited to, meeting rooms, restaurants, and cocktail lounges.
   (54)   INDEPENDENT LIVING: A residential living setting subject to licensing by the State of Arizona for elderly or senior adults that may or may not require minimal hospitality or supportive services. (Ord. # 2006-05)
   (55)   JUNK: Any old or scrap copper, brass, rope, rags, batteries, paper, trash, wood, rubber, plastic, glass, plant debris, waste, iron, steel; or other old or scrap ferrous or nonferrous material; or junked, dismantled, wrecked automobiles, or parts thereof.
   (56)   KENNEL: Any establishment housing dogs, cats, or other domestic pets and where grooming, breeding, training, raising, caring for, adoption, or selling of animals is conducted as a business. Kennel also includes for-profit or non-profit animal shelters.
   (57)   LAUNDRY, SELF-HELP: A building with clothes washing, drying, and dry cleaning machines that are provided on a rental basis to individuals doing their own laundry and/or dry cleaning but not including outdoor drying facilities.
   (58)   LOT: A parcel of land, or contiguous parcels under one ownership, established by an approved subdivision plat, lot split, or other lawful method. A lawful lot must meet minimum ordinance requirements.
   (59)   LOT AREA: The area of a horizontal plane within the lot lines of a lot.
   (60)   LOT, CORNER: A lot located at the intersection of two (2) or more streets.
   (61)   LOT COVERAGE: The total area under roof of all structures on a lot.
   (62)   LOT DEPTH: The shortest distance between the midpoint of the front lot line and the midpoint of the rear lot line.
   (63)   LOT, INTERIOR: A lot other than a corner lot.
   (64)   LOT LINE, FRONT: The boundary of a lot which separates the lot from the street; and in the case of a corner or through lot, a front yard setback shall be provided along each street that is adjacent to the lot.
   (65)   LOT LINE, REAR: The boundary of a lot which is most distant from and is most nearly opposite to the front lot line. In the absence of a rear lot line as in the case of a triangular shaped lot, the rear lot line may be considered as a line within the lot, parallel to and at a maximum distance from the front lot line, having a length of not less than ten (10) feet.
   (66)   LOT LINE, SIDE: The boundary of a lot which is not a front lot line nor a rear lot line.
   (67)   LOT OF RECORD: A lot which is part of a lawful subdivision, the plat of which has been recorded in the office of the County Recorder of Maricopa County. A lot split or combination, the deed of which has been recorded in the office of the County Recorder of Maricopa County. A parcel of land lawfully created prior to the incorporation of the Town, the deed of which has been recorded in the office of the County Recorder of Maricopa County.
   (68)   LOT, THROUGH: A lot having a pair of opposite lot lines abutting two (2) streets, and which is not a corner lot.
   (69)   LOT WIDTH: For rectangular lots the shortest distance between the side lot lines. If the side lot lines are not parallel, the width of the lot shall be the width as measured at the front setback line. If the lot is a flaglot, the subject lot shall be measured at the building setback line (required yard).
   (70)   MANUFACTURED HOME: A multi-sectional structure not exceeding two (2) stories in height and manufactured after June 15, 1976, to standards established by the United States Department of Housing and Urban Development, that when joined forms a residence for human occupancy that measures sixteen (16) feet by forty (40) feet or larger and which is designed to be installed on a permanent foundation.
   (71)   MASSAGE THERAPY: Manipulation of the human body through the skillful application of any method of pressure on, friction against, or stroking, kneading, rubbing, tapping, pounding, vibrating, or stimulating of external soft parts of the body with the hands or with the aid of any mechanical apparatus or electrical apparatus or appliance approved by the American Massage Therapy Association.
   (72)   MEDICAL MARIJUANA: All parts of genus cannabis whether growing or not, and the seed of such plants that may be administered to treat or alleviate qualifying patients with debilitating medical conditions or symptoms associated with the patient’s debilitating medical condition. (Ord. #2011-02)
   (73)   MEDICAL MARIJUANA CULTIVATION: The process by which a person grows a medical marijuana plant. A facility shall mean a building, structure or premises used for cultivation or storage of medical marijuana that is physically separate and off-site from a medical marijuana dispensary. (Ord. #2011-02)
   (74)   MEDICAL MARIJUANA DISPENSARY: A non-profit entity defined in Arizona Revised Statute §36-2801(11) that sells, distributes, transmits, gives, dispenses, or otherwise provides medical marijuana to qualifying patients. (Ord. #2011-02)
   (75)   MEDICAL MARIJUANA INFUSION (or MANUFACTURING) FACILITY: A facility that incorporates medical marijuana (cannabis) by the means of cooking, blending, or incorporations into consumable/edible goods. (May be combined with cultivation definition). (Ord. #2011-02)
   (76)   MEDICAL MARIJUANA QUALIFYING PATIENT: A person who has been diagnosed by a physician as having a debilitating medical condition as defined in Arizona Revised Statute §36-2801.13. (Ord. #2011-02)
   (77)   MOBILE HOME: A structure built prior to June 15, 1976 on a permanent chassis, capable of being transported in one or more sections, and designed to be used with or without a permanent foundation as a dwelling unit when connected to on-site utilities, but excluding factory-built buildings and recreation vehicles as defined in this Ordinance.
   (78)   MULTI-TENANT COMPLEX: A building with space partitioned and/or allocated for five (5) or more business tenants or a property with two (2) or more buildings with shared onsite facilities, such as access, private parking, and/or pedestrian amenities. (Ord. #2010-02)
   (79)   NON-CONFORMING USE, LEGAL: Any structure, building, or use of land which at one time conformed to the applicable provisions of zoning laws or regulations of the Town or Maricopa County but subsequently failed to conform to any such applicable provisions, either as a result of incorporation or annexation of the structure, building, or land into the Town, or as a result of the adoption or amendment of the applicable zoning laws and regulations of the Town.
   (80)   NURSERY SCHOOL: A facility in which child care is regularly provided for five (5) or more children not related to the proprietor in exchange for compensation. Any child care facility shall meet all requirements for certification by the Arizona Department of Health.
   (81)   PLANT NURSERY: A place for commercial growing and/or keeping of plants.
   (82)   PRIVATE CLUB: A meeting place for members of a group or organization and their guests, but not including any adult oriented facilities, wherein a variety of business uses can take place provided:
      (A)   No products of any kind are manufactured or assembled; and
      (B)   Sales are limited to food, beverages and merchandise related to the private club, such as clothing and accessory items.
   (83)   PRIVATE ROAD/STREET: Any non-public vehicular access way on private property that serves two or more principal uses or parcels.
   (84)   PUBLIC BUILDING: A building owned, occupied, and operated by a public entity such as the United States, the State of Arizona, Maricopa County, the Town, or other municipality.
   (85)   PUBLIC ROAD/STREET: Any thoroughfare not less than twenty-four (24) feet in width (back of curb to back of curb) or otherwise approved in the Mountainside District which has been dedicated or deeded to the public for public use.
   (86)   RECREATION VEHICLE: A vehicular type unit that is:
      (A)   A portable camping trailer mounted on wheels and constructed with collapsible partial sidewalls which fold for towing by another vehicle and unfold for camping.
      (B)   A motor home designed to provide temporary living quarters for recreational, camping, or travel use and built on or permanently attached to a self-propelled motor vehicle chassis, chassis cab, or van that is an integral part of the completed vehicle.
      (C)   A parked trailer on a single chassis, excluding fifth wheel trailers, that is mounted on wheels and designed to be connected to utilities necessary for operation of installed fixtures and appliances; that has a gross trailer area of not less than three hundred twenty square feet; and that is not more than four hundred square feet when it is set up.
      (D)   A travel trailer, including a fifth wheel trailer, mounted on wheels and designed to provide temporary living quarters for recreational, camping, or travel use; that is of a size or weight that may or may not require special highway movement permits when towed by a motorized vehicle; and that has a trailer area of less than three hundred twenty square feet.
      (E)   A portable truck camper constructed to provide temporary living quarters for recreation travel or camping use and consisting of a roof, floor, and sides designed to be loaded onto and unloaded from the bed of a pickup truck.
   (87)   RENTAL STORE: A commercial establishment that allows for the short term use of household items, party supplies, and small construction equipment. Rental stores do not include the leasing or rental of motor vehicles.
   (88)   REPAIR SHOPS: A commercial establishment that restores, renovates, or refurbishes household items. This does not include the restoration, renovation, or fixing of motor vehicles.
   (89)   REQUIRED YARD (building setbacks): The horizontal distance prescribed per zoning district measured from the property line towards the center of the property. This open space shall be unoccupied and unobstructed by any portion of a structure from the ground upward, except as otherwise provided in this Ordinance. In order to maintain the community’s native desert character and identity, no non-native shrubs, plants or trees shall be planted within any building setback. Where the existing desert vegetation is sparse native, drought tolerant and/or desert hybrid shrubs, trees and/or cacti may be planted within the building setback but shall not create a structure as defined in this Ordinance. (Ord. #2007-05)
 
Figure 2.3: Illustration of required yard (building setbacks).
   (90)   REQUIRED FRONT YARD: An open space extending across the front width of a lot and being the minimum horizontal distance from the property line towards the center of the property. Other than the address identification sign as defined within this Ordinance, no column, driveway gate, free-standing solid masonry wall, fence or other structure shall be placed within the required front yard. The required front yard of a single-family residential corner lot is the yard adjacent to the shorter street frontage. The required front yard of a multiple-family or nonresidential corner lot shall be the yard adjacent to each street frontage. In order to maintain the community’s native desert character and identity, no non-native shrubs, plants or trees shall be planted within the required front yard. Where the existing desert vegetation is sparse native, drought tolerant and/or desert hybrid shrubs, trees and/or cacti may be planted within the required front yard but shall not create a structure as defined in this Ordinance. (Ord. #2007-05)
   (91)   REQUIRED REAR YARD: An open space extending across the rear width of a lot and being the minimum horizontal distance from the property line towards the center of the property. The required rear yard is typically opposite the required front yard. If the lot has frontage on a cul-de-sac, the required rear yard shall be the lot line which most closely approximates the rear lot line of abutting lots.
   (92)   REQUIRED SIDE YARD: An open space between the required front and rear yards and being the minimum horizontal distance from the property line towards the center of the property. Any required lot line that is not a rear lot line or front lot line shall be deemed a side lot line.
   (93)   RESORT HOTEL: A building or group of buildings other than a motel, boarding house, or lodging house containing individual guest rooms, suites of guest rooms, and/or dwellings which furnish services customarily provided by hotels.
   (94)   RESTAURANT: An establishment whose primary business is the serving of food to the public, where revenues from the sale of food served to the public equal at least forty percent (40%) of the gross revenue. (Ord. #2010-02)
   (95)   RIDGE: A relatively narrow elevation that is prominent due to the steep angle at which it rises and/or an elongated crest or series of crests with or without peaks which are significantly higher than the adjoining ground and are vulnerable to erosion, unstable slopes, and boulder slides.
   (96)   RIDGE LINE: A ground line located at the highest elevation of the ridge running parallel to the long axis of the ridge.
   (97)   SERVICE STATION: A building or use devoted to the retail sale of fuels, lubricants, and other supplies for motor vehicles, including minor repair activities which are subordinate to the sale of petroleum products.
   (98)   SETBACK LINE: The line from which the minimum required yard (building setback) is measured.
   (99)   SHADE STRUCTURE: A roofed structure without walls constructed in conjunction with a corral which provides shade from the elements for horses or other equines but is not used for the keeping of feed or tack.
   (100)   SIGN: Any device for visual communication, including any structure, natural object, or part thereof which is used for the purpose of bringing the subject to the attention of the public, but not including any flag, badge, or insignia of any government or governmental agency. See Article VIII for other definitions related to signs.
   (101)   SPA: A place providing any of the following:
      (A)   Personal services such as massages, facials, hair and nail salons.
      (B)   Fitness therapy and nutrition consultation.
      (C)   Exercise facilities such as a therapy or swimming pool, saunas, lockers.
      (D)   Food services and/or sale of specialty retail items related to the spa facilities.
   (102)   SPECIFIED ANATOMICAL AREAS:
      (A)   Less than completely and opaquely covered:
         1)   Human genitals or pubic region.
         2)   Buttock.
         3)   Breast below a point immediately above the top of the areola.
      (B)   Human male genitals in a discernible turgid state, even if completely and opaquely covered.
   (103)   SPECIFIED SEXUAL ACTIVITIES:
      (A)   Human genitals in a state of sexual stimulation or arousal.
      (B)   Acts of human masturbation, sexual intercourse, or sodomy.
      (C)   Fondling or other erotic touching of human genitals, pubic region, buttocks, or breasts.
   (104)   STABLE: Any building or structure used to house or provide shelter for horses or other equines including the keeping of feed and tack. Any portion of the building used for other than shelter for horses or the keeping of feed and tack shall be deemed accessory building area. The term "stable" shall not include a corral or shade structure.
   (105)   STREET: All property lawfully dedicated or reserved for public or private street uses.
   (106)   STREET LINE: The boundary which separates the dedicated or reserved right-of-way of a street from the abutting property.
   (107)   STRUCTURAL ALTERATION: Any change in the supporting members of a building such as bearing walls or partitions, columns, beams or girders, or any complete rebuilding of the roof or exterior walls.
   (108)   STRUCTURE: Any construction, or any production or piece of work artificially built up or composed of parts joined together in some definite manner, including a combination of organic or inorganic materials to form a construction for occupancy, use or ornamentation whether installed on, above, or below the surface of a parcel of land. For the purposes of this Ordinance, structure is also defined to include a living fence or a hedge consisting of plants, shrubs, trees or other organic material placed in a linear or regular pattern to act as a wall or barrier.
   (109)   STUDIO: A place providing office space for individuals to fabricate and display artistic work such as paintings, sculptures, graphic illustrations, or similar applications. (Ord. #2007-05)
   (110)   SUPERVISORY CARE FACILITY: A facility with the characteristics of a group home which houses eleven (11) or more individuals and is licensed and regulated by the Arizona Department of Health Services.
   (111)   SWIMMING POOL, PRIVATE: A contained body of water used for swimming or bathing, either above ground level or below ground level, having either a maximum depth at any point of more than eighteen (18) inches or a water surface area of more than thirty-eight (38) square feet, or both. Hot tubs, spas, and jacuzzis meeting the criteria of the preceding sentence are included in this definition.
   (112)   TRAILER: A non-motorized towed vehicle designed to transport things including but not limited to sand, gravel, horses, boats, or vehicles.
   (113)   USE: The purpose for which land or a building is occupied, maintained, arranged, intended, designed, let, or leased.
   (114)   USE, ACCESSORY: A subordinate use of a building or land customarily incidental to and conducted on the same lot with the principal use, including servant or caretaker quarters, which does not alter the character of the principal use or adversely affect other properties within the surrounding area.
   (115)   USE, PRINCIPAL: The main or primary use or uses on any lot which establishes the basic land use characteristics of the property as distinguished from an accessory use.
   (116)   UTILITY POLES AND WIRES: Poles, structures, wires, cable, conduit, transformers, and related facilities used in or as a part of the transportation or distribution of electricity or power or in the transmission of telephone, telegraph, radio, or television communications.
   (117)   VARIANCE: An exception to the provisions of this Ordinance granted by the Board of Adjustment.
   (118)   WAREHOUSE: A building the principal use of which is storage of merchandise, commodities, or personal property but excluding storage as an incidental or accessory use.
   (119)   WATERCOURSE: Any naturally occurring lake, river, stream, creek, wash, arroyo, draw, or other body of water or channel having banks and/or beds through which waters flow at least periodically; any depression serving to give direction to a current of storm water; and other naturally occurring areas that are designated by rule or order of the Town of Carefree where substantial flood damage may occur.
   (120)   WIRELESS COMMUNICATION FACILITIES (WCF): A facility transmitting a radio frequency approved by the FCC and composed of antennas, cables, and equipment cabinets to house associated infrastructure for the provision of wireless communication services as defined by the Federal Telecommunications Act of 1996 and any amendments thereto.
   (121)   ZONING ADMINISTRATOR: The Town Administrator or his duly authorized representative.
   (122)   ZONING CLEARANCE: A permit or other authorization by the Zoning Administrator indicating that a proposed building, structure, or use of land meets all the standards contained in this Ordinance.