As used in this title, the following terms shall have the meanings respectively ascribed to them in this section:
ACCESSORY BUILDING: A subordinate building, the use of which is incidental to that of a main building and located on the same lot therewith.
ACCESSORY USE: A use customarily incidental, appropriate, and subordinate to the principal use of land or buildings and located upon the same lot therewith.
ADULT ENTERTAINMENT FACILITY: Any business entity or enterprise having a primary purpose of selling, renting, displaying or showing sexually explicit materials, or in some other manner having a regular and substantial course of conduct in which sexually explicit materials are involved in a commercial context, whether involving records of any media format or live presentations.
ADVERTISING SIGN OR STRUCTURE: Any cloth, card, paper, metal, glass, wooden, plastic, plaster, stone or other sign, device or structure of any character whatsoever, including a statuary, placed for outdoor advertising purposes on the ground or on any tree, wall, bush, rock, post, fence, building or structure. The term "placed" shall include erecting, constructing, posting, painting, printing, tacking, nailing, gluing, sticking, carving or otherwise fastening, affixing or making visible in any manner whatsoever. The area of an advertising structure shall be determined as the area of the largest cross section of such structure. Neither directional, warning nor other signs posted by public officials in the course of their public duties nor merchandise or materials being offered for sale shall be construed as advertising signs for the purpose of this definition.
AGRICULTURE: The use of land for agricultural purposes, including farming, dairying, pasturage, horticulture, aquaculture, forestry, animal and poultry husbandry and the necessary accessory uses for packing, treating, or storing the product; provided however, that the operation of any such accessory use shall be secondary to that of normal agricultural activities; and provided further, that the above uses shall not include the commercial feeding of swine or other animals, stockyards, or commercial feedlots for cattle.
ALLEY: A minor right of way, dedicated to public use, which affords a secondary means of vehicular access to the back or side of properties otherwise abutting a street, and which may be used for public utility purposes.
APARTMENT HOUSE OR MULTIPLE-FAMILY DWELLING: A single detached dwelling designed for and occupied by three (3) or more families living independently of each other as separate housekeeping units, including apartment houses, apartment hotels and flats, but not including auto or trailer courts or camps, hotels, or resort type hotels.
BASEMENT: A story partly or wholly underground. For purposes of height measurement, a "basement" shall be counted as a story when more than one-half (1/2) of its height is above the average level of the adjoining ground or when subdivided and used for commercial or dwelling purposes by other than a janitor employed on the premises.
BOARD OF ADJUSTMENT: The board of adjustment for the city of Chandler, wherever it appears herein. This is a quasi-judicial body, charged with the responsibility of deciding individual cases: a) in which an error by a zoning official is alleged to have occurred, or b) in exceptional circumstances, a variance of this zoning code may be required when through no fault of the landowner, unusual topographical or other conditions renders the property substantially unusable and the spirit of the zoning code can be preserved if some adjustments to its specific application to the property can be made, or c) where the zoning code authorizes special exceptions and the landowner is applying for such a grant on specific property.
BOARDING HOUSE: A building other than a hotel where, for compensation and by prearrangement for definite periods, meals or lodging and meals are provided for three (3) or more persons not members of a family.
BUILDING: Any structure intended for shelter, housing or enclosure for persons, animals or chattels. When separated by dividing walls without openings, each portion of such structure so separated shall be deemed a separate building.
BUILDING HEIGHT: The vertical distance from the average line of the highest and lowest points of that portion of the lot covered by the building to the highest point of coping of a flat roof, or the deck line of a mansard roof, or to the average height of the highest gable of a pitch or hip roof.
BUILDING, MAIN: A building in which is conducted the principal use of the lot on which it is situated. In any residential district any dwelling shall be deemed to be a main building on the lot on which it is situated.
BUILDING SITE: A single parcel of land under one ownership, occupied or intended to be occupied by a building or structure.
CHILDCARE CENTER: Any place, home, or institution which receives more than three (3) children under the age of sixteen (16) years, and not of common parentage, for care apart from their natural parents, legal guardians or custodians when received for regular periods of time for compensation; provided however, this definition shall not include public and private schools organized, operated or approved under the laws of this state, custody of children fixed by a court of competent jurisdiction, children related by blood or marriage within the third degree to the custodial person, or to places of worship or other religious or public institutions caring for children within the institutional building while their parents or legal guardians are attending services or meetings or classes or engaged in religious activities.
COMPREHENSIVE PLAN: The official plan of the city; also refers to the specific document "Chandler comprehensive plan" adopted 2005 and all subsequent amendments.
COVERAGE: The lot area covered by all buildings located therein, including the area covered by all overhanging roofs.
DISTRICT, ZONING: Any section or sections of the city for which the regulations governing the use of land and the use, density, bulk, height, and coverage of buildings and other structures are uniform.
DRIVE-IN RESTAURANT: Any establishment where food, frozen dessert and/or beverage is sold to the consumer where such food, frozen dessert, and/or beverage is intended to be consumed in the motor vehicle parked upon the premises or anywhere on the premises outside of the building.
DRY CLEANING OR LAUNDRY, SELF-SERVICE: Any attended or unattended place, building or portion thereof, available to the general public for the purpose of washing, drying, extracting moisture from, or dry cleaning wearing apparel, cloth fabrics, and textiles of any kind by means of a mechanical appliance which is operated primarily by the customer.
DWELLING: Any building, or portion thereof, which is designed or used as living quarters for one or more families, but not including house trailers.
DWELLING, MULTIPLE: A detached building designed for occupancy by three (3) or more families living independently of each other, exclusive of auto or trailer courts or camps, hotels or resort type hotels.
DWELLING, SINGLE-FAMILY: A detached building designed to be occupied by one family.
DWELLING, TWO-FAMILY: A detached building designed to be occupied by two (2) families living independently of each other.
FAMILY: A person living alone or two (2) or more persons related by blood or marriage or living together as a single housekeeping unit, for culinary purposes, as distinguished from a temporary group occupying a boarding house, lodging house, hotel, motel, fraternity house, or sorority house for limited periods of time.
FLOOD: A temporary rise in stream flow or stage that results in water overtopping its banks and inundating areas adjacent to the channel.
FLOOD FRINGE: That portion of the flood hazard area located outside the floodway.
FLOOD FRINGE DISPLACEMENT, ALTERNATIVE IMPROVEMENTS: The channel improvements in the floodway which are required to prevent increased flooding resulting from the reduced floodwater storage capacity in the flood fringe area due to filling or other floodproofing or development of the flood fringe area.
FLOOD HAZARD DISTRICT OR AREA: All of the land within the jurisdiction which is subject to inundation by a flood having an average frequency of occurrence in the order of once in one hundred (100) years, although the flood may occur in any year. More accurately, the flood will occur in the event of a heavy rain having a statistical probability of occurring only one percent (1%) per year. The "flood hazard district" includes both the floodway and the flood fringe.
FLOODWAY: The stream channel and adjacent area that provides for the downstream movement of the 100-year maximum flood at a rate of one-tenth foot (1/10') per second or greater.
FLOOR AREA, GROSS: The sum of the gross horizontal areas of all of the floors of a building or buildings, measured from the exterior faces of exterior walls or from the centerline of walls separating two (2) buildings, and including, but not limited to, the following spaces:
   A.   Basements.
   B.   Elevator shafts and stairwells at each floor.
   C.   Floor space for mechanical equipment with structural headroom of seven feet (7').
   D.   Penthouses.
   E.   Attic space providing headroom of seven feet (7') or more.
   F.   Interior balconies, mezzanines and enclosed covered porches and enclosed steps.
   G.   Accessory uses in enclosed covered space, but not including space used for off street parking.
   H.   Garages, carports, covered patios, breezeways.
FLOOR AREA, NET: The total floor area within a building devoted or intended to be devoted to a particular use, with structural headroom of seven feet (7') or more, whether above or below the finished lot grade, excluding: a) elevators, stairwells, hallways, walls and partitions; and b) floor space permanently devoted to a parking space or parking spaces, mechanical equipment, closets, washrooms, or other items permanently preventing the floor space from being occupied by persons while engaged in the use.
FLOOR AREA RATIO: A mathematical expression determined by dividing the gross floor area of a building by the area of the lot on which it is located, as: Floor area/lot area = floor area ratio.
GARAGE APARTMENT: A dwelling unit for one family erected above a private garage.
GARAGE, PARKING: Any building, or portion thereof, which exceeds nine hundred (900) square feet in area, used for the storage of three (3) or more motor vehicles in which any working and servicing which may be provided are incidental to the primary use for storage purposes, and where repair facilities are not provided.
GARAGE, PRIVATE: A detached accessory building or a portion of the principal building, used or intended for use by the occupants of the premises for storage of passenger vehicles, trailers, and boats.
GARAGE, REPAIR: A building in which are provided facilities for the care, servicing, repair, or equipping of motor vehicles.
GASOLINE SERVICE OR FILLING STATION: Any area of land, including structures thereon, that is used for: a) the retail sale of gasoline or oil fuels, but not butane or propane fuels, or other automobile accessories, and b) incidental services including facilities for lubricating, hand washing and cleaning, or otherwise servicing automobiles, but not including painting, major repair or automatic laundry.
HEIGHT OF A SIGN, HIGH, OR IN HEIGHT: The vertical distance measured from the elevation of the nearest sidewalk, or, if there is no sidewalk within twenty five feet (25'), from the lowest point of the finished grade on the lot upon which the sign is located and within twenty five feet (25') of the sign, to the uppermost point on the sign or the sign structure, whichever is higher.
HOME OCCUPATION: Any occupation or profession carried on by the inhabitants of a dwelling which is clearly incidental and secondary to the use of the dwelling for dwelling purposes, which does not change the character thereof (i.e., increased traffic congestion, excessive parking requirements, overloaded utilities, and carrying capacities), and which is conducted entirely within the main or accessory buildings; and provided, that there is no outside display of merchandise, or sign other than one nonilluminated nameplate not more than two (2) square feet in area attached to the main or accessory building, and no mechanical equipment is used, except as is customarily used in purely domestic or household purposes, or activity is conducted which creates noise, dust, odor, or electrical disturbance beyond the confines of the lot on which the occupation is conducted. Small appliance repair shops, telephone answering service, taxicab dispatch service, ceramic/gift shops, internet sales, and real estate offices shall be considered acceptable home occupations. The conducting of a tearoom or restaurant, rest home, clinic, childcare center, tourist home, or cabinet, metal, or auto repair shop shall not be deemed a home occupation.
HOTEL: A building or group of buildings under one ownership containing six (6) or more sleeping rooms occupied, intended or designed to be occupied as the more or less temporary abiding place of persons who are lodged with or without meals for compensation, but not including an auto or trailer court or camp, sanatorium, hospital, asylum, orphanage or building where persons are housed under restraint.
JUNKYARD: A place where waste, discarded or salvage materials are bought, sold, exchanged, bailed, packed, disassembled or handled, including all wrecking yards, house wrecking yards, used lumber yards and places or yards for storage of salvaged house wrecking and structural steel materials and equipment, but not including such places where such uses are conducted entirely within a completely enclosed building, and not including pawnshops and establishments for the sale, purchase, or storage of used furniture and household equipment, used cars in operable condition, or salvage material incidental to manufacturing operations.
KENNEL, BOARDING OR TRAINING: Any lot or premises on which four (4) or more domestic animals more than six (6) months of age are kept for boarding or training.
LOADING SPACE: A space on the same lot as the principal use of at least nine feet (9') in width and thirty feet (30') in length and having a vertical clearance of at least fifteen feet (15'), designated for the temporary parking of commercial vehicles while loading or unloading merchandise or materials.
LOT: Any plot of land occupied or intended to be occupied by one building, or a group of buildings, and its accessory buildings and uses, including such open spaces as required by this title and other laws or ordinances and having its principal frontage on a street.
LOT AREA: The total horizontal area included within lot lines.
LOT, CORNER: A lot of which at least two (2) adjacent sides abut for their full lengths on a street, provided that the interior angle at the intersection of such two (2) sides is less than one hundred thirty five degrees (135°).
LOT DEPTH: The mean horizontal distance between the front and rear lot lines.
LOT, DOUBLE FRONTAGE: A lot which runs through a block from street to street and which has two (2) nonintersecting sides abutting on two (2) or more streets.
LOT FRONTAGE: That dimension of a lot or portion of a lot abutting on a street, excluding the side dimension of a corner lot.
LOT, INTERIOR: A lot other than a corner lot.
LOT LINES: The lines bounding a "lot" as defined herein.
MARQUEE: A permanent rooflike structure which projects beyond the building wall and is attached to and supported by the building and projecting over public or private property.
MEDICAL FACILITIES: Any convalescent home, rest home, nursing home, dental clinic, medical clinic, dental office, doctor's office, hospital, public health center, sanatorium, or some combination thereof.
MOBILE HOME: A detached residential dwelling unit designed for long term occupancy and containing sleeping accommodations and designed for transportation, after fabrication, on its own wheels with the carriage frame for transportation being an integral part of the construction of the unit including axles, wheels, and hitch, and arriving at the site where it is to be occupied as a dwelling, complete or ready for occupancy except for minor and incidental unpacking and assembly operations, location on jacks or other temporary or permanent foundations, and connection to utilities.
MOBILE HOME PARK: Land or property which is used or intended to be used or rented for occupancy by one or more trailers or movable sleeping quarters of any kind.
MODULAR: A single, detached dwelling designed or used as long term living quarters, which is transported, after off site fabrication, to a site where it is ready for occupancy and permanently located.
MULTIPLE-FAMILY DWELLING: See definition of Apartment House Or Multiple-Family Dwelling.
NONCONFORMING USE: A structure or land lawfully occupied by a use that does not conform to the regulations of the district in which it is situated.
100-YEAR FLOOD: A flood or rainfall commonly thought to have an average statistical frequency of occurrence in the order of once in one hundred (100) years, although the flood or rainfall may actually occur in any year. More accurately, it is the flood that will occur in the event of a heavy rain having a statistical probability of occurring only one percent (1%) per year.
OPEN SPACE: Area included in any side, rear or front yard or any other occupied space on a lot that is open and unobstructed to the sky, except for the ordinary projection of cornices and eaves or porches.
PLANNING COMMISSION: The planning commission for the city of Chandler, wherever it appears herein. The planning commission is a legislative committee that holds hearings and renders advisory opinions to the city council on matters of zoning, with particular reference to changes of zoning regulations, changes of district boundaries, platting and related issues. From time to time, the council may provide for final decision making authority to be exercised by this body. The planning commission will also render decisions in all applications for a special use permit under the terms of this zoning code.
ROOMING HOUSE: A building where lodging only is provided for compensation to three (3) or more, but not exceeding twelve (12), persons. A building that has accommodations for more than twelve (12) persons shall be defined as a "hotel" under the terms of this title.
SALVAGE YARD: An area outside of a building where motor vehicles, appliances, construction materials and machinery are disassembled, dismantled, junked, or "wrecked", or where motor vehicles not in operable condition or used parts of motor vehicles are stored.
SETBACK: The distance between the lot line and the building line.
SIGN AREA: The entire area of a sign or device on which the copy is to be placed, expressed in square feet. In the case of an irregularly shaped sign, the area of the sign shall be the entire area within a single continuous rectilinear perimeter of not more than eight (8) straight lines, enclosing the extreme limits of the sign copy area together with any material or color forming an integral part or background of the display. Sign supporting structures for freestanding signs that are so arranged as not to become a part of the attention attracting aspect of the sign shall not be included in the area calculation. Where a sign has two (2) faces which are joined in either a "V" shape or a triangle and the faces form an interior angle not to exceed sixty degrees (60°), only the one largest face shall be used in the calculation. The maximum display surface area of a double faced sign, which faces are not more than thirty six inches (36") apart, shall be calculated on the basis of only one sign face.
SITE DEVELOPMENT PLAN: A plan drawn at a scale of not less than one inch equals fifty feet (1" = 50') which shows the topographic characteristics of the site at contour intervals of not less than one inch equals one foot (1" = 1'); the location and dimensions of buildings, yards, courts, landscape, pedestrian and vehicular circulation and parking, fences and screening; service areas and courts and other features; the use of each building and area; the height of buildings; adjacent streets, alleys, utility drainage and other easements; and the relationship of the development to adjacent areas which it may affect.
SPECIAL USE PERMIT: There are some uses that are not allowed as a matter of right, but which may be generally compatible with certain specified zoning districts. Because they have features that tend to dominate the district or to create special problems, the problems need to be adequately addressed by the imposition of certain conditions or requirements on the use. The planning commission may impose special conditions that address the problems identified, and issue a permit conditioned on the implementation of those requirements.
STORY: That portion of a building, other than a basement, 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.
STORY, HALF: A space under a sloping roof which has the line of intersection of roof decking and wall face not more than three feet (3') above the top floor level, and in which space not more than two-thirds (2/3) of the floor area is finished off for use. A half story containing independent apartment or living quarters shall be counted as a full story.
STREET: Any public or private thoroughfare that affords the principal means of access to abutting property.
STREET, INTERSECTING: Any street that joins another street at an angle, whether or not it crosses the other.
STRUCTURAL ALTERATIONS: Any change in the supporting members of a building, such as bearing walls or partitions, columns, beams, or girders, or any substantial change in the roof or in the exterior walls.
STRUCTURE: Anything constructed or erected, the use of which requires location on the ground or attached to something having a location on the ground.
TOURIST COURT: An area containing one or more structures designed or intended to be used as temporary sleeping facilities of one or more transient families and intended primarily for automobile transients.
TRAILER, HAULING: A vehicle to be pulled behind an automobile or truck which is designed for hauling animals, produce, goods or commodities, including boats.
TRAILER, TRAVEL OR CAMPING: A portable or mobile living unit used for temporary human occupancy away from the primary place of residence of the occupants, and not constituting the principal place of residence of the occupants.
YARD: An open space at grade between a building and the adjoining lot lines, unoccupied and unobstructed by any portion of a structure from the ground upward, except where otherwise specifically provided in this title that buildings or structures may be located in a portion of a yard required for a main building. In measuring a yard for the purpose of determining the width of the side yard, the depth of a front yard or the depth of a rear yard, the shortest horizontal distance between the lot line and the main building shall be used.
YARD, FRONT: A yard located in front of the front elevation of a building and extending across a lot between the side lot lines and being the minimum horizontal distance between the front property line and the outside wall of the main building.
YARD, REAR: A yard extending across the rear of a lot measured between side lot lines and being the minimum horizontal distance between the rear lot line and the rear of the main building or any projections other than steps, unenclosed balconies or unenclosed porches. On both corner lots and interior lots, the rear yard shall in all cases be at the opposite end of the lot from the front yard.
YARD, SIDE: A yard between the building and the side line of the lot and extending from the front lot line to the rear lot line and being the minimum horizontal distance between a side lot line and the outside wall of the side of the main building. (Ord. 2007-06, 4-2-2007)