For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ABUTTING (See also adjacent/adjoining). The condition of two adjoining properties having a common property line or boundary, including cases where two or more lots adjoin only a corner of corners.
ACCESS. The place, means, or way by which pedestrians and standard passenger vehicles shall have safe, adequate and usable ingress and egress to a property or use as required by the Ordinance.
ACCESS DRIVE. Any vehicular access—by easement , deed, public dedication less than fifty (50) feet in width, or any means other than right-of-way or public street to one or more parcels or lots of land—which exists at the date of the adoption of this Ordinance.
ACCESS, DIRECT. A deeded right-of-way providing ingress and egress to a dedicated public street.
ACCESS STREET OR SERVICE ROAD. This definition is the same as that for frontage street.
ACRE. An area of land containing 43,560 square feet.
ADJACENT. Directly abutting or in the absence of public right-of-way would be directly abutting.
ADJACENT, ADJOINING. Nearby, but not necessarily touching.
AGRICULTURE. The tilling of the soil, raising of crops, horticulture, viticulture, silviculture; including uses customarily incidental thereto including the raising of animals.
AGRICULTURE BUSINESS. Any business use allowed within the Town limits of Chino Valley, providing the operation of such use has a Chino Valley business license, and/or proof of filing IRS Form “F.”
AIRPORT. Any area which is used or is intended to be used primarily for the taking off and landing of aircraft, and any appurtenant areas which are used or intended to be used for airport buildings or facilities including open spaces, taxiways and tie-down areas, hangars, transition and clear zones, and other accessory buildings.
ALLEY. A right-of-way dedicated to public use affording a secondary means of access to abutting property and intended for general traffic circulation.
AMENDMENT. A change in the wording, context, or substance of this Ordinance, or an addition or deletion or a change in the zone district boundaries or classification of the zoning map.
ANIMAL HOSPITAL. A place where animals are given medical or surgical treatment and are cared for during the time of such treatment. Use of the facility for boarding shall be a permitted accessory use and limited to indoor care only. Animal hospital shall mean the same as veterinary clinic.
ANIMATION. As pertains to signs, the presentation of pictorials and graphics on signs displayed in a progression of frames which give the illusion of movement of any part of the sign structure, design or pictorial segment, including but not limited to the illusion of moving objects, moving patterns or bands of light, or expanding or contracting shapes.
APPEAL. An action which permits anyone to arrange for a hearing from other than the individual or group from whose decision the appellant seeks redress.
ARENA, PRIVATE. An indoor or outdoor facility for activities relating to livestock including, but not limited to, equestrian, cattle, etc. for the sole use of the property owner and guests.
ARENA, PUBLIC. An indoor or outdoor facility for activities relating to livestock including, but not limited to, equestrian, cattle etc. and for the general use by the public.
ARTERIAL STREET. A street with the principal function to serve as a part of a major network for the through traffic flow separate from local traffic, to and from areas of principal traffic generation, of adequate design, capacity and construction to provide for the safe and rapid distribution and collection of through traffic and to provide limited ingress and egress to and from collector and local streets. (See Section 4.28 for a list of arterial streets.)
ASSISTANT ZONING ADMINISTRATOR. The Zoning Administrator may appoint an Assistant Zoning Administrator with the approval of Town Council. The Assistant Zoning Administrator shall have the same duties and powers of the Zoning Administrator.
ASSISTED LIVING CENTER. A residential care institution that provides or contracts to provide supervisory care services, personal care services, or directed care services on a continuous basis for eleven (11) or more people.
ASSISTED LIVING HOME. A residential care institution that provides or contracts to provide supervisory care services, personal care services, or directed care services on a continuous basis for up to ten (10) people.
AUTOMOBILE REPAIR. All aspects of the repair of motor vehicles including, but not limited to, lubrication, tune-up and preventive.
AUTOMOBILE SALES, NEW. A franchised agency selling new motor vehicles and providing services commonly associated with motor vehicle sales. A new automobile dealership may include the sale of used motor vehicles.
AUTOMOBILE SALES, USED. An agency selling used motor vehicles not in conjunction with and on the same site as a new motor vehicle franchise and providing services commonly associated with motor vehicle sales.
AWNING. A sheet of canvas or other material stretched on a frame and used to keep the sun or rain off a storefront, window, doorway, or deck.
BAR. An establishment whose primary business is the serving of alcoholic beverages to the public for consumption on the premises.
BLOCK. An area of land that is entirely bound on all sides by streets or the exterior boundaries of a subdivision.
BOARD OR BOARD OF ADJUSTMENT. The Town’s Board of Adjustment.
BUILDING. A structure having one or more stories and a roof, designed primarily for the shelter, support, or enclosure of persons, animals, or property of any kind. This shall not include doghouses, play houses, or similar structures.
BUILDING, ACCESSORY. A building or structure which is subordinate to, and the use of which is customarily incidental to that of the main building, structure, or use on the same lot or parcel. The accessory building shall not be permitted prior to the issuance of a building permit for the primary residences or commercial building.
BUILDING, ATTACHED. A building which has at least part of a wall in common with another building, or which is connected to another building by a roof.
BUILDING, DETACHED. A building, which is separated from another building or buildings on the same lot.
BUILDING, FACTORY-BUILT. Has the meaning set forth in A.R.S. § 41-4001(17), as amended.
BUILDING, HEIGHT OF. The vertical distance measured from the average grade level to the highest level of the roof surface of flat roofs, to the deck line of mansard roofs, or to the mean height between eaves and ridges for gable, gambrel, shed or hip roofs. In the event that terrain problems prevent an accurate determination of height, the Zoning Administrator shall rule as to height and appeal from that decision shall be to the Board of Adjustment.
BUILDING PERMIT. A permit required for the erection, construction, modification, addition to or moving of any building, structure or use in the incorporated area of the Town.
BUILDING, PRIMARY. A building or buildings 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 the primary building of the lot on which the same is situated.
BUILDING SETBACK. The minimum distance as prescribed by this Ordinance between any property line and the closest point of the foundation or any supporting post or pillar of any building or structure related thereto. (see Yard, Required Front, Required Side and Required Rear)
CAMPGROUND. Any lot, parcel, or tract of land used, designed, maintained, and intended for rent of plots or sites to accommodate temporary camping by the traveling public whether or not a charge is made for the use of the park and its facilities.
CANOPY. A structural protective cover over a door, entrance, window, or outdoor service area.
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 such premises.
CHURCH OR PLACE OF WORSHIP. Institutions that people regularly attend to participate in or hold religious services, meetings, and other activities. The term “church” shall not carry a secular connotation and shall include buildings in which the religious services of any denomination are held.
CLINIC. A place for the provision of health services, not involving overnight housing of patients.
COLLECTOR STREET. A street, which carries traffic from local streets to arterial streets, including the principal entrance streets of a residential development and streets for circulation within such a development. (See Section 4.28 for a list of collector streets.)
COMMERCIAL. Any activity, which is conducted primarily for compensation or profit.
COMMISSION or PLANNING AND ZONING COMMISSION. The Town’s Planning and Zoning Commission.
COMMITTEE. The Town’s Site Plan Review Committee.
CONCEPTUAL LAND USE PLAN. A generalized/conceptual plan often referred to as a bubble plan indicating the boundaries of a tract or tracts under common ownership, and identifying proposed land uses, land-use intensities, and thoroughfare alignment.
CONTIGUOUS. In actual contact.
CONVALESCENT HOME. (see Nursing home)
COUNCIL. Chino Valley Town Council.
COUNTY. Yavapai County.
COVENANTS. A privately prepared recorded document designed to govern the use of parcels within subdivisions.
CUL-DE-SAC. A street having a traffic outlet on one end only and having at the other end facilities for the turning around of vehicular traffic.
DAY CARE. (See School, Nursery)
DEAD END STREET. A street having a traffic outlet on one end only.
DEDICATION. A process whereby private land is transferred for public use.
DENSITY TRANSFER, ONSITE. A portion of the density for areas having natural resource lands that remain undeveloped may be transferred to other areas of the development site if clustering concepts are used and the project retains acceptable open space.
DESIGN, SUBDIVISION. Street alignment, grades and widths, alignment and widths of easements and right-of-way for drainage and sanitary sewers and the arrangement and orientation of lots.
DEVELOPMENT MASTER PLAN (DMP). A land-use plan focused on one or more sites within an area that identifies site access and general improvements and is intended to guide a specific development over a number of years, and/or in several phases.
DEVELOPMENT SERVICES DEPARTMENT. The Development Services Department and Planning Department of the Town are synonymous and all such terms shall mean the Development Services Department.
DOUBLE FRONTAGE LOT. A lot having street frontage on both the front and rear property lines.
DRIVE-IN THEATER. An open-air theater where the performance is viewed by all, or part of the audience from motor vehicles.
DUPLEX. A building designed exclusively for occupancy by or occupied by two (2) families living independently of each other.
DWELLING UNIT. A room or group of rooms within a dwelling containing one (1) cooking accommodation occupied exclusively by one or more persons living as a single non-profit family housekeeping unit.
DWELLING, MULTIPLE-FAMILY. A building designed exclusively for occupancy by or occupied by three (3) or more families living independently of each other.
DWELLING, SINGLE-FAMILY. A building designed exclusively for occupancy by or occupied by one (1) family for residential purposes.
EASEMENT. A space on a lot or parcel of land reserved or used for location and/or access to utilities, drainage or other physical access purposes.
EGRESS. The movement of traffic from abutting properties to streets and the movement from residential streets to collector streets or arterial streets.
ERECT. The word “erect” includes built, built upon, added to, altered, constructed, reconstructed, moved upon, or any physical operations on the land required for a building.
FAMILY. An individual, or two or more persons related by blood or marriage, or a group of persons not related by blood or marriage living together as single housekeeping group in a dwelling unit.
FARMING. (See Agriculture)
FEED LOT. A structure or parcel of land in which livestock, including cattle, horses, goats, swine, sheep, fowl, or any other animals kept for the purpose of feeding or fattening for subsequent sale at market.
FENCE. Any device built to enclose a parcel of land, to separate two parcels of land, or to separate a parcel of land into different areas.
FINAL PLAT. A map of all or part of a subdivision essentially conforming to an approved preliminary plat, prepared in accordance with the provisions of these regulations.
FLOOR AREA, NET USEABLE. That portion of a building or structure directly used for the purpose of the building. Useable floor area does not include; halls, kitchens, bathrooms, etc.
FRONTAGE STREET. A street which is nearby and parallel to a major arterial or collector street and provides a means of direct ingress and egress to abutting property and protection from through traffic on such major arterial or collector street.
FUTURE RIGHT-OF-WAY. The right-of-way needed for the establishment of a planned roadway as designated by Ordinance No. 08-707, specifically in Subsection 4.28 of the UDO.
GARAGE, PRIVATE. A building, or portion thereof, used for the shelter or storage of self-propelled vehicles, and owned and operated by the occupants of a main building wherein there is no service or storage for compensation.
GARAGE, PUBLIC. Any building, except one herein defined as a private garage, used for the storage, care, or repair of self-propelled vehicles or where any such vehicles are equipped for operation or kept for hire.
GENERAL PLAN. A statement of land development policies, which may include maps, charts, graphs and texts which set forth the objectives, principles and standards for growth and redevelopment of the Town enacted by the Council pursuant to the provisions of A.R.S. Title 9, Chapter 4, Article 6.
GREENHOUSE. A greenhouse structure, in which temperature and humidity can be controlled for the cultivation or protection of plants.
GREENHOUSE, COMMERCIAL. A commercial greenhouse is a commercial enterprise that grows plants or parts of plants by the application of water to plants that reside within movable containers, raised beds or lined beds that are disconnected from the lands and are not deemed to be “irrigated lands” as set forth in Arizona Revised Statutes.
GROUP HOME. A residential facility for six (6) or more unrelated persons providing living facilities, sleeping rooms, and meals, and which shall have a permit issued by the Yavapai County Health Department as a boarding home.
GUESTHOUSE. Living or sleeping quarters for the sole use of occupants of the premises, guests of such occupants or persons employed on the premises. Such quarters shall not be rented and/or otherwise listed for income purposes. “Guesthouse” does not include recreational vehicles as defined in this article.
HOME OCCUPATION. An occupation, profession, activity, or use which is clearly a customary, incidental, and secondary use of a residential dwelling unit and which does not alter the exterior of the property or affect the residential character of the neighborhood.
HOSPITAL. A facility for the reception, care and medical treatment for the sick or injured.
HOTEL. A building in which lodging is provided and offered to the public for compensation and which is open to transient guests.
HOUSEHOLD PET. The keeping of “pets” such as dogs and cats are allowed in all zoning districts. This provision also allows for the keeping of indoor birds (such as parrots, parakeets and canaries), fish and other indoor pets which must be at all times kept within a fully enclosed dwelling or accessory building provided there are not odors, noise, insects, or other nuisances caused by the keeping of such animals which would affect the health and welfare of the occupants of surrounding properties.
ILLUMINATED. As to signs, artificially lighted by an electrical source, either internally or externally, except where the light source is specifically and clearly operated for the purpose of lighting the general area in which the sign is located rather than the sign itself.
IMPROVEMENTS. Required installations, pursuant to these regulations, including but not limited to, sewer and water facilities, including fire hydrants and manholes, streets, grading, base, paving, curbs, gutters, sidewalks, street name signs, street lights and street trees, bridges, courts, public utilities, drainage, storm water system, survey monuments and markers, lot grading, easements, and traffic control devices, as a condition to approvals under Section 1.9 and Section 5.
INDUSTRIAL. The production and/or manufacture of goods.
INGRESS. The movement of traffic from streets to abutting properties and the movement from arterial streets or collector streets to residential streets.
INTERSECTION. The point of crossing or meeting of two (2) or more streets.
KENNEL, INDOOR. A facility for the commercial boarding, breeding and training of dogs and/or cats in which all animals are confined indoors.
KENNEL, INDOOR/OUTDOOR. A facility for the commercial boarding, breeding, and training of dogs and/or cats in which all animals are confined indoors with the exception of the use of daytime exercise runs.
KENNEL, OUTDOOR. A facility for the commercial boarding, breeding and training of dogs and/or cats in which the animals may be worked or housed in outdoor runs.
LAND SPLIT. The division of improved or unimproved land whose area is 2 ½ acres or less, whether immediate or future, into two or three tracts of parcels of land for the purpose of sale or lease.
LIGHT MANUFACTURING. Fabrication and assembly of finished products, or subassemblies thereof, so long as the primary use of the property is not the basic processing or compounding of raw materials or food products.
LIGHTING, CLASS I. All outdoor lighting used for but not limited to outdoor sales or eating areas, assembly or repair areas, advertising and other signs, recreational facilities and other similar applications where color rendition is important.
LIGHTING, CLASS II. All outdoor lighting used for but not limited to illumination for walkways, roadways, equipment yards, parking lots and outdoor security where general illumination of the grounds is the primary concern.
LIGHTING, CLASS III. Any outdoor lighting used for decorative effects, including but not limited to architectural illumination, flag monument lighting, and illumination of trees, bushes, etc.
LIGHTING, MULTI-CLASS. Any outdoor lighting used for more than one purpose, such as security and decoration, when those purposes fall under the definitions for two (2) or more lighting classes as defined for Class 1, 2 and 3 Lighting above.
LOCAL HEALTH DEPARTMENT shall be construed to mean the department, board or agency furnishing health services within the incorporated area of the Town.
LOCAL STREET. A street, with or without parking facilities used primarily for direct access to and from residential, commercial and industrial areas having major service functions of loading and unloading, and direct access to and from abutting property, controlled in such manner as to discourage through traffic and to maintain relatively slow speed.
LOT. A piece or parcel of land legally created, whether by subdivision plat, land split or otherwise, to be used or occupied in conformance with this Ordinance.
LOT AREA. The horizontal area within the lot lines of a lot.
LOT COVERAGE. That portion of a lot or building site, which is occupied by any building or
structure, excepting paved areas, walks, and swimming pools.
LOT DEPTH. The horizontal length of a straight line connecting the front and rear lot lines along the greatest length.
LOT, FLAG. A lot as defined and depicted in this Code and created in a land split.
LOT FRONTAGE. The length at the front line of a lot which borders upon a street measured at the wider of said front lot line in accordance with the definition of average lot width, but which shall not be less than 25 feet at the front lot line/border with said street.
LOT LINE. The line bounding a lot.
LOT LINE, FRONT. In the case of an interior lot, a line separating the lot from the street, and in the case of a corner lot, the line separating the narrowest street frontage of the lot from the street. In the case of a lot served by a private driveway, the side of the lot nearest to the street which abuts the driveway.
LOT LINE, REAR. A lot line, which is opposite and most distant from the front lot line.
LOT LINE, SIDE. Those lot lines connecting the front and rear lines.
LOT WIDTH, AVERAGE. The distance between side lot lines measured thirty (30) feet behind the required minimum front yard line parallel to the street or street chord.
MANUFACTURED HOME. Has the meaning set forth in A.R.S. § 41-4001(25), as amended, pursuant to the National Manufactured Housing Construction and Safety Standards Act of 1974 and Title VI of the Housing and Community Development Act of 1974 (P.L. 93-383, as amended by P.L. 95-128, 95-557, 96-153 and 96-339). “Manufactured home” does not include recreational vehicles as defined in this article. The removal of the wheels and running gear shall not change the meaning of this term. When constructed to conform with the Town’s building ordinances, modular homes and factory-built buildings are considered single-family or permanent multi-family dwellings and are not manufactured homes.
MARQUEE. A canopy constructed of rigid materials which projects over a window or entrance to a building.
MEDICAL MARIJUANA. All parts of the genus cannabis whether growing or not, and the seed of such plants that may be administered and used by a registered qualifying patient, as that term is defined in A.R.S. § 36-2801, solely to treat or alleviate the patient’s debilitating medical condition or symptoms associated with the patient’s debilitating medical condition.
MEDICAL MARIJUANA CULTIVATION. The process by which a person grows a marijuana plant for use as medical marijuana.
MEDICAL MARIJUANA CULTIVATION FACILITY, OFF-SITE. A building, structure, or other enclosed, locked facility used for the cultivation or storage of medical marijuana that is physically separate and not located on the same real property as the medical marijuana dispensary with which it is affiliated pursuant to A.R.S. § 36-2806(e).
MEDICAL MARIJUANA CULTIVATION FACILITY, ON-SITE. A medical marijuana facility that is located on the same property as the medical marijuana dispensary with which it is affiliated pursuant to A.R.S. § 36-2806(e), whether attached or not.
MEDICAL MARIJUANA DISPENSARY. A not-for-profit facility that, pursuant to A.R.S. § 36-2801(11), is registerred with and certified by the Arizona Department of Health Services to acquire, posses, cultivate, manufacture or infuse, deliver, transfer, transport, supply, sell, or dispense medical marijuana to qualifying patients and cardholders, as that term is defined in A.R.S. § 36-2801.
MEDICAL MARIJUANA FACILITIES. Medical marijuana dispensaries, medical marijuana cultivation facilities (on or off-site), and medical marijuana infusion facilities.
MEDICAL MARIJUANA INFUSION FACILITY. A facility that incorporates medical marijuana by the means of cooking, blending, infusing, or otherwise combining medical marijuana into consumable, ingestible, or edible goods.
MOBILE HOMES. (See Manufactured homes)
MODULAR HOME. A type of factory-built building built for human occupancy as a residence. “Modular home” does not include a manufactured home or recreational vehicle as defined in this section.
MOTOR HOME. A recreational vehicle as defined in A.R.S. § 41-4001(33)(b), as amended.
MOTEL. A building or group of buildings containing guest rooms or apartments, each of which maintains a separate outside entrance, used primarily for the accommodation of motorists and providing automobile parking space on the premises.
NON-CONFORMING SIGN. A sign that was lawfully established prior to the effective date of this chapter or amendments thereto; or was lawfully established in another political jurisdiction prior to annexation to the Town; and that does not conform to the regulations for signs for the district in which it is located.
NON-CONFORMING STRUCTURE. A structure which was lawfully erected prior to the adoption of this Ordinance, or any amendment there to or any annexation to the Town, which does not conform with the standards of lot coverage, yard spaces, height structures, distance between structures or other standards prescribed in the regulations for the district in which the structure is located.
NON-CONFORMING USE. A structure or land which was lawfully established and maintained prior to the adoption of this Ordinance, or any amendment thereto or any annexation to the Town, which does not conform to the use regulations for the district in which it is located.
NON-HOUSEHOLD ANIMALS. The keeping of non-household animals such as horses, cattle, sheep, goats, swine, or any breed, strain, or crossbreed thereof, bees, poultry and other non-household birds shall be prohibited except in those zoning districts in which they are specifically allowed. A minimum lot size of one acre is required except as approved for project animals.
NOTICES, PUBLIC. As required for public notice of zoning change, or proposed subdivision change.
NUISANCE. Any thing, condition, or use of property that endangers life or health, gives offense to the senses, and/or obstructs the reasonable and comfortable use of other property.
NURSERY. A commercial operation for the growth and sale of plants, storage of equipment for landscaping, and the wholesale or retail sale of commercial gardening supplies.
NURSING HOME. A health care institution other than a hospital or personal care home that is licensed by the State Department of Health Services as a skilled nursing facility for two (2) or more unrelated persons.
OFFICE. A room or rooms and accessory facilities for the managing or conducting of a business.
OFF-STREET PARKING AND LOADING FACILITIES. A site or a portion of a site devoted to the off-street parking of motor vehicles including parking spaces, aisles, and access drives.
OPEN HOUSE DIRECTIONAL SIGN. A sign used to advertise the sale of a house and direct traffic to the house for sale.
ORDINANCE. The Town’s Unified Development Ordinance, unless the context or commonly understood usage implies otherwise, and shall include “the Ordinance” or “this Ordinance” or “UDO”.
OUTDOOR STORAGE. The location of any goods, services, wares, merchandise, commodities, junk, debris, vehicles, or any other item outside of a completely enclosed building for a continuous period longer than seventy-two (72) hours.
PARCEL. Any legally described piece of land designated by the owner or developer as land to be used or developed as a unit.
PARENT PARCEL. All of the property from which a lot, parcel or tract was divided, whether by subdivision or land split. For the purposes of determining the number of lots, parcels or tracts created from a parent parcel, the parent parcel shall be any lot, parcel or tract existing pursuant to applicable law and recorded in the Yavapai County Recorder’s Office on or before October 15, 2020.
PARK. A public or private parcel of land developed and used for passive or active recreation.
PARK MODEL TRAILERS; PARK TRAILERS. A recreational vehicle as defined in A.R.S. § 41-4001(33)(c), as amended. A park model or a park trailer shall not be considered a single-family or multifamily permanent dwelling, shall not be used as a guesthouse, and shall be restricted to mobile home parks, RV parks, and trailer parks.
PARKING AREA. An area designed and constructed and used exclusively for the parking, storage, and maneuvering of vehicles.
PERMIT. A document issued by the Town granting permission to perform an act or service which is regulated by the Town.
PETITION. All forms, applications, documents, and papers required by this Ordinance when requesting action by the Commission, Council or any other public body.
PLANNED AREA DEVELOPMENT. “Planned Area Development” is a development approach allowed under the Ordinance and the General Plan in which dwelling units are clustered in order to maximize economy, infrastructure, and open space. For the purposes of this title, “Cluster Zoning” or “Clustering” shall mean the same as a “Planned Area Development.”
PLAT. A map of a subdivision and associated required information which provides for changes in land use or ownership or which describes existing uses.
PORTABLE CAMPING TRAILER. A recreational vehicle as defined in A.R.S. § 41-4001(33)(a), as amended.
PRELIMINARY PLAT. A preliminary map including supporting data, indicating a proposed subdivision design and prepared in accordance with these regulations.
PRIVATE DRIVEWAY. A deeded portion of a lot or parcel, which is not less than twenty-five (25) feet in width providing access to the public street system.
PRIVATE STREET. A street within a subdivision that has not been dedicated for public use and is reserved for the use of lot owners within the subdivision and their guests and invitees.
PROFESSIONAL OFFICE. Any building, structure, or portion thereof used or intended to be used as an office for a lawyer, architect, engineer, surveyor, planner, optometrist, accountant, doctor, dentist, or other similar professions.
PROPERTY LINE(S). Those lines defining the boundaries of lots.
PUBLIC. Ownership is held by the Town.
PUBLIC BUILDING. Facilities for conducting public business by various public agencies, including all federal, state, County, and Town offices and buildings.
PUBLIC HEARING. Hearings held as required by law.
PUBLIC NUISANCE. Anything offensive or obnoxious to the health and welfare of the inhabitants of the Town; or any act or thing repugnant to, or creating a hazard to, or having a detrimental effect on the property of another person or to the community.
PUBLIC STREET. A right-of-way containing a roadway accepted for maintenance by the Town and part of the public street system.
PUBLIC STREET SYSTEM. The system of public streets designated by the Town.
PUBLIC USE does NOT imply ownership by the Town, but has been used by the public for an undetermined amount of time.
PUBLIC USE ACCESS SYSTEM. A system being part of the future right-of-way map designating rights-of-way and access ways being used for vehicular access by local residents and which exist as such at the date of the adoption of this amendment.
PUBLIC UTILITY. Private or public facilities for distribution of various services, such as water, power, gas, communications, etc., to the public.
QUORUM. A majority of the members of a Committee, Board, Commission, Council or other authorized elected or appointed entity of the Town.
RADIAL. A line forming right angles with the tangent of any given arc.
RECORDED PLAT. A final plat bearing all of the certificates of approval required by these regulations and any other applicable statutes.
RECOVERY RESIDENCE. A dwelling unit or building used to provide a stable, clean and sober environment for individuals recovering from substance abuse. Individual residents do not live together as a single housekeeping unit and every person residing in the residence (excluding the house manager) is an “individual with a disability”, as that term is used in the federal and state fair housing laws.
RECREATIONAL FACILITIES. Includes buildings, structures or areas built or developed for purposes of entertaining, exercising, or observing various activities participated in either actively or passively by individuals or organized groups other than the immediate families of the owners or proprietors and their personal guests; or any such facility which involves twenty-five (25) or more attendees and participants, more often than twice in any one calendar month. This excludes churches and schools.
RECREATIONAL VEHICLE (RV). Has the meaning set forth in A.R.S. § 41-4001(33), as amended.
RECREATIONAL VEHICLE PARK. Facilities for the temporary storage, parking and maneuvering of recreational vehicles (motor homes, travel trailers, campers, etc.) with adequate roads and stall sites, including sanitary and water facilities. Does not constitute a mobile home park.
RESTAURANT. An establishment that serves food or beverages. This includes cafes, tearooms, drive-ins and similar establishments.
RETAIL STORE. A commercial business for selling goods, services, wares, or merchandise directly to the customer.
RIGHT-OF-WAY. Any public or private right-of-way including any area required for public use pursuant to any general or specific plan enacted by the Council pursuant to Title 9, Chapter 4, Article 6, Arizona Revised Statutes.
ROADWAY. The actual surface area of any public street, right-of-way, or access way utilized for vehicular travel on any street.
SALE, PROPERTY. Any transfer or conveyance of a lot or parcel of real estate, or an interest therein which is or may become a fee interest.
SALVAGE YARD. Any land or building used for the abandonment, storage, keeping, collecting, or bailing of paper, rags, scrap metals, other scrap or discarded materials, or for the abandonment, demolition, dismantling, storage, or salvaging of automobiles or other vehicles not in running condition, or machinery, or parts thereof for commercial purposes.
SCHOOL, ELEMENTARY, JUNIOR HIGH, HIGH SCHOOL. Public and other nonprofit institutions, conducting regular academic instruction at kindergarten, elementary, and secondary levels.
SCHOOL, NURSERY. A school or the use of a site or a portion of a site for an organized program devoted to the education or day care of five (5) or more children of elementary school age or younger, other than those residents on the site. Includes day care center.
SCHOOL, TRADE. Schools offering instruction in the technical, commercial, or trade skills, such as real estate schools, business colleges, electronics schools, automotive and aircraft technicians’ schools, and similar commercial establishments.
SCREENING FENCE. A wooden, masonry or slatted chain-link fence, which is at least ninety (90) percent opaque or is otherwise approved by the Zoning Administrator.
SERVICE STATION. An occupancy engaged in the retail sales of gasoline, oil, tires, batteries, and new accessories and which provides for the servicing of motor vehicles and operations incidental thereto, including: automobile washing, washing, waxing and polishing, tire changing and repairing, but not including recapping. May also include battery service, radiator cleaning, flushing and repair, installation of minor accessories, lubrication of motor vehicles, rental of utility trailers, testing, adjustment and replacement of motor parts and accessories.
SHOPPING CENTER. A group of three (3) or more commercial establishments associated by common agreement or under common ownership, which comprises contiguous land parcel unit with common parking facilities.
SIDEWALK. That paved portion of a right-of-way between the curb lines or lateral lines of the street bed and the boundary line of such right-of-way designed and intended for the movement and use of pedestrian traffic.
SIGN. Any name, identification, description, illustration, display, symbol or device which is affixed to, painted, or represented directly or indirectly upon the exterior of a building, or other outdoor surface which directs attention to or is designed or intended to direct attention to the sign face or to an object, product, place, activity, person, institution, organization or business. Signs do not include such items when located within an enclosed structure or an enclosed patio.
SIGN, A-FRAME. A portable, stand-alone sign comprised of two separate panels or faces joined at the top and spread apart at the bottom to form a base upon which the sign stands.
SIGN, AUXILIARY. An A-frame sign, banner, pennant, or feather sign used to supplement a use’s permanent signage.
SIGN, AWNING. A sign painted, installed, mounted, attached or otherwise applied to or located directly on an awning, canopy, marquee, or other covering structure attached to a building storefront, window, doorway, or deck.
SIGN, BANNER. A temporary sign or auxiliary sign of fabric, plastic, paper, or other light pliable material that is not enclosed in a rigid frame.
SIGN, BILLBOARD. Same as sign, off-site or off-premise.
SIGN COPY. Any words, letters, numbers, figures, designs, or other symbolic representations incorporated onto the face of a sign.
SIGN, ELECTRONIC. A sign that is static and changes messages by any electronic process or remote control.
SIGN FACE. The area or display surface used for the message.
SIGN, FEATHER. A portable, stand-alone sign consisting of vertical pole onto which is attached a sign made of fabric, plastic or other light, pliable material.
SIGN, FIGURATIVE. A sign using graphics, crafted symbols, or sculpted materials to present the message of the sign. Figurative signs may be incorporated into any of the allowable sign types identified in this Ordinance.
SIGN, FREESTANDING. A sign erected and maintained on a frame, mast, pole, or other structure which is not attached to any building.
SIGN, MONUMENT. A freestanding ground-mounted sign with an aggregate width of at least fifty percent (50%) of the width of the sign and with supports that complement the materials and colors used in the architecture on-site.
SIGN, OFF-SITE OR OFF-PREMISE. A sign that directs attention to a business, commodity, service, entertainment, product or attraction sold, offered, or existing elsewhere than upon the property where the sign is located.
SIGN, PARAPET. A sign attached to that portion of a building's exterior wall that projects above the plane line of the building.
SIGN, PENNANT OR STREAMER. Any piece of lightweight plastic, fabric or other material suspended from a pole, wire, or string, displayed in series and capable of movement in the wind.
SIGN, PORTABLE. A temporary sign not affixed to a structure or ground-mounted on a site.
SIGN, PROJECTING. A sign attached to a building or other structure and extending in whole or in part not more than twelve inches (12") beyond the building or other structure to which it is attached.
SIGN, READER PANEL. A sign which is designed to permit immediate change of copy.
SIGN, ROOF. A sign erected on, above, or over the roof so that it projects above the highest point of the roofline, parapet, or fascia.
SIGN, SHINGLE. A sign suspended from, and located entirely under a covered porch, covered walkway, or an awning and is anchored or rigidly hung to prevent the sign from swinging due to wind movement.
SIGN, SPECIAL EVENT (PROMOTIONAL). Any signs used for temporary, auxiliary or promotional purposes for uses that have already installed permanent signs. Temporary signs installed prior to permanent signage shall not be considered special event signs.
SIGN, TEMPORARY. Any sign, banner, pennant or streamer, valance, or advertising display constructed of light fabric, cloth, canvas, wall board, or other light materials, with or without frames, intended to be displayed for a limited period of time until a business’ permanent signage is installed.
SIGN, VEHICLE. A sign mounted, painted or otherwise placed on a truck, bus, car, boat, trailer or other vehicle or equipment and used in such a manner that the sign is visible from a public street or right-of-way where the primary purpose of the vehicle or equipment is to display the signage. The primary purpose of the vehicle or equipment shall be presumed to be to display such signage if (a) the vehicle or equipment is not in operating condition, currently registered or licensed to operate on public streets or actively used in the daily function of the business to which the signs relate; or (b) is used primarily as a static display for the display of the signage. Vehicles and equipment engaged in active construction projects and on-premise storage of equipment and vehicles offered to the general public for rent or lease shall not be considered to be vehicle signs.
SIGN, WALL. A sign fastened to or painted on the exterior wall of a building or structure in such a manner that the wall becomes the supporting structure for, or forms the background surface of the sign.
SIGN, WINDOW. Any poster, cut-out letters, painted text or graphic, or other text or visual presentation affixed to the interior or exterior of a window, or placed within six (6) feet behind a window pane that is placed to be read from the exterior of a building. This does not include any item of merchandise normally displayed within a store window of a merchant.
SIGHT VISIBILITY TRIANGLE. The area of a corner lot bounded by the right-of-way lines and a line connecting the two points on the property lines twenty-five (25) feet from the intersection of the property lines.
SINGLE HOUSEKEEPING UNIT. An interactive group of persons occupying a residential unit where all of the following are true:
a. The residents share use of and responsibility for common areas, household activities, and responsibilities such as meals, chores, household maintenance, and expenses; and
b. If the residents are renters, all adult residents have chosen to occupy the entire premises of the dwelling unit together under a single written lease with joint use and responsibility for the premises; and
c. The makeup of the household occupying the unit is determined by the residents of the unit rather than the landlord or property manager.
SITE PLAN. A plan prepared to scale showing the boundaries of a site and the proposed location of all buildings and structures, circulation, landscaping, improvements and open space areas, all in compliance with the provisions of this code.
SLAUGHTERHOUSE. A structure or parcel of land in which livestock, including cattle, horses, goats, swine, sheep, fowl, or any other animals are killed, skinned, gutted, or otherwise prepared for subsequent sale as food. This shall not include retail butcher shops when operated within a completely enclosed building in which no livestock is killed, skinned, or gutted.
SPECIFIC PLAN. A detailed element of the General Plan enacted under the provisions of Title 9, Chapter 4, Article 6, Arizona Revised Statutes.
STABLE, COMMERCIAL. A structure including, but not limited to a corral or paddock for the keeping of horses for remuneration, hire, or sale.
STABLE, PRIVATE. A detached accessory structure including, but not limited to, a corral or paddock for the keeping of one or more horses owned or leased by the occupants of the premises and which are not kept for remuneration or hire.
STORM SEWER. A channel or conduit, open or closed, necessary, useful or convenient for the collection and carrying of surface waters to a drainage course.
STREET. Any existing or proposed parkway, avenue, boulevard, road, lane, parkway, place, bridge, viaduct or easement for public vehicular access or areas identified on a plat, whether public or private, heretofore approved pursuant to law or a street in a plat duly filed and recorded in the Yavapai County Recorder’s office, that provides legal vehicular, pedestrian and bicycle access to every lot in the Subdivision. A street includes all land within the street right-of-way whether improved or unimproved, and includes such improvements as pavement, shoulders, curbs, gutters, sidewalks, parking space and bridges.
STREET LINES. The boundary line between street right-of-way and abutting property.
STREET, NEW. Any addition or extension of the public use access system.
STRUCTURE. Anything constructed or erected which requires a fixed location on the ground, including building but not including a fence or wall used as a fence.
STUB STREET. A short dead end street no more than one lot deep in length formed at the boundaries of a subdivision to provide access to abutting property.
SUBDIVIDER. A person, firm, corporation, partnership, association, syndicate, trust or other legal entity that files application and initiates proceedings for the subdivision of land in accordance with the provisions of these regulations or any other applicable ordinance or state statute, except that an individual serving as an agent for such legal entity is not a subdivider.
SUBDIVISION. Improved or unimproved land or lands divided for the purpose of financing, sale, or lease, whether immediate or future, into four or more lots, tracts, or parcels of land, or, if a new street is involved, any such property which is divided into two or more lots, tracts, or parcels of land, or any such property, the boundaries of which have been fixed by a recorded plat, which is divided into more than two parts. “Subdivision” also includes any condominium, cooperative, community apartment, Townhouse or similar project containing four or more parcels, in which an undivided interest in the land is coupled with the right of exclusive occupancy of any unit located thereon, but plats of such projects need not show the buildings or the manner in which the buildings or airspace above the property shown on the plat are to be divided.
SUBDIVISION, MAJOR. Improved or unimproved land or lands divided for the purpose of financing, sale or lease, whether immediate or future, into more than ten (10) lots, tracts, or parcels of land, or, if a new street is involved, any such property which is divided into two (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 two (2) parts. Subdivision also includes any condominium, cooperative, community apartment, Townhouse or similar project containing four or more parcels, in which an undivided interest in the land is coupled with the right of exclusive occupancy of any unit located thereon, but plats of such projects need not show the buildings or the manner in which the buildings or airspace above the property shown on the plat are to be divided.
SUBDIVISION, MINOR. Improved or unimproved land or lands divided for the purpose of financing, sale or lease, whether immediate or future, into between four (4) and ten (10) lots, tracts, or parcels of land, or, if a new street is involved, any such property which is divided into two (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 two (2) parts. Subdivision also includes any condominium, cooperative, community apartment, townhouse or similar project containing four (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.
SWIMMING POOL. Any structure, containing or intended to contain water for recreational uses.
TOWN. The Town of Chino Valley, Arizona, including the departments and employees of the Town authorized to enforce the regulations set forth in this Ordinance.
TOWN ENGINEER. The individual designated by the Town Manager, pursuant to the provisions of A.R.S. § 9-238, to serve as Town Engineer.
TRACT. A unit of land within a subdivision not intended or designed to ever be used as a buildable lot, designated and reserved on a plat for the following ancillary uses: wells, drainage, retention, open space and utilities, all of which are deemed common areas in the subdivision.
TRADITIONAL DEVELOPMENT. A residential development approach where lots are relatively uniform in size and dispersed consistently throughout the development and streets are generally laid out in a standard grid pattern.
TRAVEL TRAILER. A recreational vehicle as defined in A.R.S. § 41-4001(33)(d), as amended.
TRUCK CAMPER. A recreational vehicle as defined in A.R.S. § 41-4001(33)(e), as amended.
UNIFIED DEVELOPMENT ORDINANCE means that Ordinance enacted by the Council regulating the use of land or structures or both.
USE. The purpose for which a site or structure is arranged, designed, intended, constructed, moved, erected, altered, or enlarged, or for which either a site or structure is or may be occupied and maintained.
USE, ACCESSORY. A subordinate use of a building, other structure, or use of land:
1. Accessory uses shall not be established prior to the issuance of a building permit for the primary residence or commercial building.
2. Which is clearly incidental to the use of the main building, other structure, or use of land, and
3. Which is customarily in connection with the main building, other structure, or use of land, and
4. Which is located on the same zoned lot with the main building, other structure, or use of land.
USE, CONDITIONAL. A use, which is listed as a “conditional use” in any given zone district. Such use shall require a “Conditional Use Permit” in order to establish within that zone district, and shall be subject to all conditions and requirements imposed by the Commission in connection with the “Conditional Use Permit.”
USE, PERMITTED. A use, which is listed as a “Permitted use” in any given zone district. Such use shall be allowed to establish within that zone district, subject to the specific requirements of this Ordinance.
USE, TEMPORARY. Unless otherwise previously approved by Council, a use that does not exceed fifteen (15) consecutive days.
UTILITY AREA. An area located external to the primary building or use including, but not limited to, refuse containers/dumpsters; storage; display of materials or merchandise; loading or unloading goods, production assembly, and processing or demolition of goods.
VARIANCE. A dispensation permitted on individual parcels of property as a method of alleviating unnecessary hardship by allowing a reasonable use of the building, structure, or property, which, because of unusual or unique circumstances, is denied by the terms of the Unified Development Ordinance.
WAREHOUSE. A building or buildings used for the storage of goods.
WEED. An unwanted, useless, troublesome, invasive, or injurious herbaceous or woody plant, excluding flowers and vegetable gardens, grain plots, and pastures used for feed.
WHOLESALE. The sale of goods or materials for the purposes of resale.
YARD. An open space on a lot required by this Ordinance, which is unoccupied and unobstructed with buildings, structures or portions thereof from the ground upward. Trees, shrubbery, fences, and non-commercial stables as allowed in this Ordinance shall not be considered obstructions.
YARD, REQUIRED FRONT. A yard, the width of which is the minimum horizontal distance, between the front lot line and the setback line that is parallel to the front lot line and extends the full width of the lot. Any portion of a private drive which is between the street and the front setback line shall also be considered a required yard for building and storage purposes, but is not used in calculating distances for average lot width or required yards.
YARD, REQUIRED REAR. A yard the width of which is the minimum horizontal distance between the rear lot line and the setback line that is parallel to the rear lot line and extends the full width of the lot.
YARD, REQUIRED SIDE. A yard the width of which is the minimum horizontal distance between the side lot line and the setback line that is parallel to the side lot line and extends the full length of the lot.
ZONE. A district classification established by this Ordinance, which limits or permits various and specific uses.
ZONING ADMINISTRATOR. The individual hired by the Town or appointed by the Town Council to enforce this Ordinance, and perform the functions described in Subsection 1.6.2 Powers and Duties.
(Ord. 06-678, passed 11-9-2006; Ord. 07-683, passed 1-11-2007; Ord. 08-707, passed 10-23-2008; Ord. 10-729, passed 7-22-2010; Ord. 11-738, passed 1-11-2011; Ord. 13-779, passed 12-10-2013; Ord. 14-785, passed 7-8-2014; Ord. 15-798, passed 6-23-2015; Ord. 17-819, passed 3-14-2017; Ord. 2020-878, passed 1-28-2020; Ord. 2020-885, passed 9-8-2020; Ord. 2021-899, passed 3-23-2021; Ord. 2022-923, passed 10-11-2022)