For the purposes of this chapter, the following terms, phrases, words and their derivations shall have the meaning given on the following pages. When not inconsistent with the context, words used in the present tense include the future, words in the plural number include the singular number, and words in the singular number include the plural number. The word "shall" is always mandatory and not merely directory. The word "person" includes individuals, partnerships, corporations, clubs and associations. The following words or terms when applied to this chapter shall carry full force when used interchangeably: lot, plot, parcel or premises; used, arranged, occupied or maintained; sold or dispensed; construct, reconstruct, erect, place or alter (structurally or otherwise).
ACCESSORY BUILDING. See BUILDING.
ACCESSORY USE. See USE.
ADJACENT. Nearby, but not necessarily touching (abutting).
ADJUSTMENT BOARD. Board of Adjustment and Appeals of the Town of Dewey-Humboldt, Arizona.
AGRITOURISM. Any activity that allows members of the general public, for recreational or educational purposes, to view, enjoy or participate in rural activities, including farming, ranching, historical, cultural, u-pick, harvest-your-own produce or natural activities and attractions occurring on property defined as agricultural real property pursuant to A.R.S. § 42-12151 if the activity is conducted in connection with and directly related to business whose primary income is derived from producing livestock or agricultural commodities for commercial purposes.
ALLEY. A public passageway affording a secondary means of access to abutting property.
ANTIQUE. A product that is sold or exchanged because of increased value derived due to oldness as respects the present age, but not simply because same is not a new product.
APARTMENT. A suite of rooms, with or without cooking facilities, used for living purposes. Each such suite of rooms having cooking facilities shall constitute a dwelling unit.
APARTMENT HOTEL. See HOTEL.
APARTMENT HOUSE. A building containing a group of dwelling units.
ARTERIAL. A highway used, or intended to be used, for heavy through-traffic flow or one connecting neighborhoods or communities.
ATTACHED BUILDING. See BUILDING.
AUTOMOBILE SERVICE STATION. A place of business having pumps and/or storage tanks from which liquid fuel and/or lubricants are dispensed at retail directly into the motor vehicle. Service, inspections and minor repairs are considered accessory to the sale of such fuel and lubricants.
BED AND BREAKFAST GUEST UNIT. One or more rooms intended for overnight occupancy for remuneration by persons other than those who permanently reside at the home.
BED AND BREAKFAST HOMESTAY. An owner-occupied residence which has up to three guest units within a single family residential structure, the owners of which serve breakfast to guests and seldom advertise.
BED AND BREAKFAST INN. An owner-occupied residence which has a maximum of five guest units, the owners of which serve breakfast to guests and advertise on a regular basis.
BED AND BREAKFAST COUNTRY INN. A residence or building which has six or more guest units, the facility may have a restaurant open to the general public as well as registered guests, and the facility exhibits a character of use consistent with that normally associated with a hotel or motel. Performance standards for hotel/motel shall apply for application of chapter requirements.
BLOCK. That property fronting on one side of a street and so bounded by other streets, canals, railroad right-of-way, nonsubdivided acreage or other barriers (except alleys) of sufficient magnitude as to interrupt the continuity of development on both sides thereof.
BOARDING HOUSE. See ROOMING HOUSE.
BUILDING. A structure having a roof supported by columns or walls.
BUILDING (ACCESSORY). A subordinate building either attached or detached from the principal building, containing an accessory use.
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 that exceeds six feet wide between opposite open ends (see example).
BUILDING (CLOSED). A building completely enclosed by a roof, walls and/or doors on all sides.
BUILDING (COMMUNITY). A public or quasi-public building used for community activities of an educational, recreational or public service nature.
BUILDING (DETACHED). A building which is separated from another building or buildings on the same lot. Buildings connected only with a roof not more than six feet wide between opposite open ends shall be deemed to be detached (see example).
BUILDING (FACTORY BUILT). 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 (factory assembled) to be assembled on-site, and complies with current adopted building codes (except that it does not include a multi-section manufactured home, manufactured home, park model, recreational vehicle or mobile home).
BUILDING (PRINCIPAL). 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 principal building of the lot on which the same is situated. Any commercial building with an adequate approved sanitary sewage disposal system may be considered the PRINCIPAL BUILDING.
BUILDING (SITE BUILT). A building, all or a major portion of which was constructed on site.
BUILDING AREA. The total areas (taken on a horizontal plane at the mean grade level) of the principal buildings and all accessory buildings and structures (exclusive of terraces and steps).
BUILDING FLOOR AREA. Sum of the floor areas of all stories of a building. This includes courts and decks or porches when covered by a roof.
BUILDING HEIGHT. The vertical distance (measured from the average natural grade level) to the average height of the highest roof surface. As provided for in § 153.076, building height does not apply to portions of buildings extending above the general roof line and comprising an aggregate area not greater than 25% of the total roof area, or to structures other than buildings.
BUILDING PERMIT. A permit required for the erection, construction, modification, addition to or moving of any building, structure or use in the incorporated areas of the town, pursuant to building codes adopted by the Town Council.
CARPORT. An open porch used solely for the parking of motor vehicles and containing no enclosing walls, screen, lattice or other material other than the wall or walls of the building to which it attaches, or other than a storage room (where the side adjoining the lot boundary does not exceed six feet).
CEMETERY. A burial ground for human remains.
CODE ENFORCEMENT OFFICER. Person or any deputy specialists charged with investigation and enforcement of these and other related regulations in the town. The Zoning Administrator as appointed by the Town Council assumes the title of Code Enforcement Officer in accordance with A.R.S. § 9-462 and may assign these duties to the Building Inspector or other designate.
COMMISSION. Planning and Zoning Commission of the Town of Dewey-Humboldt, Arizona.
COMMUNITY BUILDING. See BUILDING.
CONTIGUOUS. In actual contact.
COUNCIL. The Town Council of the Town of Dewey-Humboldt.
COURT. Any space (other than a yard) on the same lot with a building or group of buildings which is unobstructed and open to the sky from and above the floor level of any room having a window or door opening on such court. The width of a COURT shall be its least horizontal dimension.
CUSTOM. Pertaining to work, service or assembly done to order for individual customers for their own use or convenience.
DEAD STORAGE. Goods not in use and not associated with any office, retail or other business use on premises in a self-storage facility or structure.
DECK. An exterior floor system supported on at least two opposing sides by an adjoining structure and/or posts, piers, or other independent supports without a roof.
DETACHED BUILDING. See BUILDING.
DIRECTIONAL SIGN. See SIGN.
DISTRICT. Refers to either a use district, a density district or a combination of both such districts.
DRIVE-IN RESTAURANT. Any establishment where food or beverages are dispensed through openings in the building or by service to customers in a vehicle.
DRIVE-IN THEATER. An open-air theater where the performance is viewed by all or part of the audience from motor vehicles.
DWELLING. A building containing one dwelling unit with an adequate approved sanitary sewage disposal system.
DWELLING (MULTIPLE). A building containing two or more dwelling units.
DWELLING UNIT. A room (or group of rooms) designed for one or more persons living and cooking as one homogeneous body (see FAMILY) and containing one accommodation for preparation of meals. A DWELLING UNIT does not include lodging as defined in this chapter.
DWELLING UNIT, ACCESSORY. A separate detached dwelling unit on the same single- family lot as the primary dwelling unit that may be used as a
separate additional living unit and may include separate kitchen, sleeping, and bathroom facilities.
EDUCATIONAL INSTITUTION. Any institution (including charter schools) established for the purposes of offering instruction acceptable to the educational authorities within the school district of jurisdiction in several branches of learning and study to pupils in programs for preschool children with disabilities, kindergarten programs or any combination of grades one through 12 but not including stand-alone business colleges, riding academies or trade, art, music, dancing, nursery or vocational schools. Can include an elementary school, high school, college, university or similar facility.
FAMILY/NON-FAMILY GROUPS.
(1) An individual, or two or more persons related by blood, marriage or adoption, or other legal relationship including any live-in domestic help, living together as a single housekeeping unit in a dwelling unit; or
(2) A group of not more than eight persons who need not be related but function as a family customarily living together as a single housekeeping unit in a dwelling unit; this includes a residential facility duly licensed by the state for the developmentally disabled, family foster home, adult foster care or similar residential facility.
FARM ANIMALS. Animals other than household pets that shall, where permitted, be permitted to be kept and maintained for commercial production and sale and/or family food production, education or recreation. FARM ANIMALS are identified as being, e.g., horses, cattle, sheep, goats, rabbits, chinchillas, chickens, turkeys, pheasants, geese, ducks, pigeons, llamas and alpacas. See also § 153.066(E) and (F).
FENCE. A barrier constructed of materials such as solid wood slats and chain link. Pipe rail and barbed wire are permitted in residential zones, only. If a multi-strand barbed wire fence is used, the bottom strand must be of smooth wire, only. Barriers constructed with materials not designed for fencing are not included in this definition of a FENCE.
FLOOR AREA. See BUILDING FLOOR AREA.
FREIGHT STATION. A facility for loading, unloading and warehousing of freight.
FREIGHT TERMINAL. A facility for loading and unloading of freight for current distribution but not warehousing.
GARAGE (PRIVATE). An accessory building occupied primarily by the passenger motor vehicles of the families residing on the same lot.
GARAGE (PUBLIC). Any building, other than that defined as a private garage, used for the storage or care of motor vehicles, or where any such vehicles are equipped for operation, repaired or kept for remuneration, hire or sale.
GRADE (ADJACENT NATURAL GROUND ELEVATION). The lowest point of elevation of the natural surface of the ground, within the area between the building and a line five feet from the building.
GUESTROOM. One or more rooms intended for occupancy overnight (or longer) by other than members of the family. If it contains cooking facilities it is deemed a dwelling unit.
HANDICAPPED PERSON. A handicapped person is a "person with a disability", as that term is defined in the Americans with Disabilities Act and includes (1) individuals with a physical or mental impairment that substantially limits one or more major life activities; (2) individuals who are regarded as having such an impairment; and (3) individuals with a record of such an impairment.
HOME OCCUPATION. A use within a primary dwelling or in an attached or detached structure carried on by residents thereof for gain, which use is merely incidental to the residential use and does not change the character thereof by display or otherwise.
HOSPITAL. A place for the treatment or care of human ailments, and, unless otherwise specified, the term shall include sanitarium, clinic, maternity home, rest home, convalescent home and similar.
HOTEL. A building other than a boarding house, which building contains more than five guestrooms and where entrance to the sleeping rooms or apartments is from a common entrance or lobby used primarily for lodging on a daily or weekly basis. For density formula purposes, two such guestrooms may be counted as one dwelling unit.
HOTEL (APARTMENT). A building or group of buildings containing a number of independent suites of rooms for dwelling purposes and in which at least one common dining room is provided. For density formula purposes, each two guestrooms may be counted as one dwelling unit.
INSPECTOR. See CODE ENFORCEMENT OFFICER.
INTERIOR LOT. See LOT.
JUNK YARD. See YARD.
KEY LOT. See LOT.
KINDERGARTEN. Same as NURSERY SCHOOL, except when operated in conjunction with a school of general instruction and having accredited instruction.
LAND DISPOSAL (OF SOLID WASTE). The placement of solid waste in or on land, excluding manure generated on the property, as regulated by state and local jurisdictions.
LAUNDRY (SELF-HELP). A building in which domestic-type washing machines and/or dryers are provided on a rental basis for use by individuals doing their own laundry.
LODGING. The rental, lease or sale of a dwelling unit on a daily or weekly basis or any other basis for less than 30 consecutive days.
LOT. A parcel of land, or two or more parcels, to be used as a unit and having its principal frontage on a dedicated street or street easement. Where a half-street has been dedicated from such parcel, that shall be qualification for street frontage.
LOT (CORNER). A lot abutting on two or more intersecting or intercepting streets where the angle of intersection does not exceed 135 degrees. A CORNER LOT shall be considered to be in that block on which the lot fronts.
LOT DEPTH. The shortest distance between the mid-point of each of the front and rear lot lines. Width determined similarly (see example).
LOT (INTERIOR). Lots having no side lot line abutting on a street.
LOT (KEY). An interior lot contiguous to the rear line of a corner lot and fronting on the side street of such corner lot.
LOT LINE (FRONT). The part abutting a street. The front line of a corner lot shall be the shorter of the two street lines as originally platted, or if such are equal, the most obvious front by reason of usage by adjacent lots. The front line of a through lot shall be that line which is obviously the front by reason of usage by adjacent lots. Such a lot exceeding 188 feet in depth may be considered as having two front lines.
LOT LINE (REAR). The lot line opposite the front line. Where the side lines of the lot meet in a point, the rear line shall be considered parallel to the front line or a tangent of the mid-point of a curved front line and lying ten feet within the lot.
LOT LINE (SIDE). Those property lines connecting the front and rear property lines.
LOT (THROUGH). A lot in which both the front and rear line abut on a street.
MAINTAIN. The replacing or renovating of a part (or parts) of a structure, which has been made unusable by ordinary wear or tear, or by the weather.
MANUFACTURED HOME. A structure manufactured after June 15, 1976, and placed within applicable zoning districts, transportable in one or more sections which, in the traveling mode, is eight body feet or more in width and 40 body feet or more in length, and when erected on-site, is 320 square feet or more in size, and which is built on permanent chassis and designed to be used as a dwelling with or without a permanent foundation when connected to the required utilities, and includes the typical plumbing, heating, air conditioning electrical systems and adequate sanitary sewage disposal system approved, installed and operational. Calculations used to determine the number of square feet in a MANUFACTURED HOME will be based on the exterior dimensions measured at the largest horizontal projections when erected on-site. These dimensions will include all expandable rooms, cabinets and other projections containing interior space, but do not include bay windows. The term MANUFACTURED HOME does not include recreational vehicles, travel trailers, factory built buildings, multi-sectional manufactured homes or mobile homes.
MANUFACTURED HOME, MULTI- SECTIONAL. A multi-sectional manufactured home not exceeding two stories in height and manufactured after June 15, 1976, to standards established by the U.S. Department of Housing and Urban Development (HUD) that when joined forms a residence for human occupancy that measures 16 feet by 40 feet or larger and which is designed and required to be placed on a permanent foundation system when located on an individual lot of record. A MULTI-SECTIONAL MANUFACTURED HOME shall have roofing and siding materials similar in appearance and kind to those used in site built homes, and be connected to the required utilities, including the typical plumbing, heating, air conditioning electrical systems and adequate sewage disposal systems approved, installed and operational. The term MULTI-SECTIONAL MANUFACTURED HOME does not include manufactured homes, mobile homes, recreational vehicles, factory built buildings or travel trailers.
MEMORIAL PARK CEMETERY. See CEMETERY.
MOBILE HOME. A dwelling unit 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 and placed within applicable zoning use districts when connected to on-site utilities including an adequate sanitary sewage disposal system approved, installed and operational. The term MOBILE HOME does not include recreational vehicles, travel trailers, manufactured homes, multi-sectional manufactured homes or factory-built buildings. MOBILE HOMES can no longer be installed in the town except in mobile home parks.
MOBILE HOME (MANUFACTURED HOME) COURT. A parcel of land used (or designed) for the location of more than one mobile home or manufactured home for the purposes of rental or multiple family usage. Installation/units to comply with A.R.S. §§ 41-2154 and 41-2155.
MOTEL. A building or group of buildings containing guestrooms or dwelling units, each of which maintains a separate outside entrance used primarily for lodging on a daily or weekly basis for the accommodation of automobile travelers and providing automobile parking space on the premises. For density formula purposes, two such guestrooms may be counted as one dwelling unit.
MULTIPLE DWELLING. See DWELLING.
NEWSPAPER OF GENERAL CIRCULATION. A daily newspaper (if one is published) or, if no daily newspaper is published, a weekly newspaper may be used.
NONCONFORMING USE. See USE.
NURSERY SCHOOL. See SCHOOL.
PETS (HOUSEHOLD).
Dogs, cats, rabbits, birds, pot-belly pigs and the like (and other small animals under 100 pounds), for family use only (noncommercial) with cages, pens and the like.
PORCH (OPEN). A porch in which any portion extending into a front or side yard shall have no enclosure by walls, screens, lattice or other material higher than 54 inches above the natural grade line adjacent thereto; which porch is to be used solely for ingress and egress and not for occupancy as a sleeping porch or wash room.
PRINCIPAL BUILDING. See BUILDING.
PRIVATE GARAGE. See GARAGE (PRIVATE).
PRIVATE USE. See USE.
PROFESSIONAL USE. See USE.
PUBLIC GARAGE. See GARAGE.
PUBLIC USE. See USE.
REASONABLE ACCOMMODATION. A change, exception, or adjustment to a rule, policy, practice, or service that may be necessary for a handicapped person to have an equal opportunity to use and enjoy a dwelling, including public and common use spaces.
RESIDENT CAMP SLEEPING UNITS. A building or group of buildings containing guestrooms or dwelling units. For density formula purposes, two such guestrooms, RVs or tents may be counted as one dwelling unit. Each four beds shall be counted as one guestroom.
RESIDENT CAMPING. A sustained experience which provides a creative recreational, educational or
religious opportunity in group living in the out-of- doors in which campers live at a site for one or more consecutive nights, not to exceed 90 days.
RESIDENTIAL USE. See USE.
RESTAURANT. An establishment (other than a boarding house) where meals that may be procured by the public are prepared.
REST HOME. Same as HOSPITAL.
ROOMING HOUSE. A dwelling, otherwise permitted in the district in which it is situated, containing five or fewer guestrooms and in which food may or may not be served to the occupants thereof. Any dwelling in which more than five rooms are occupied as guestrooms shall be deemed to be a hotel.
SALES OFFICE, TEMPORARY. Real estate sales facility for on-site sales only within an approved subdivision.
SCHOOL (NURSERY). An institution intended primarily for the daytime care of children of pre-school age. Even though some instruction may be offered in connection with such care, the institution shall not be considered a SCHOOL within the meaning of this chapter.
SELF-HELP LAUNDRY. See LAUNDRY.
SELF-SERVICE STORAGE FACILITIES. Any multi-unit facility designated or used for the purpose of providing individual, compartmentalized and controlled access stalls or lockers for the dead storage of customers' goods and wares as specified in § 153.089.
SIGN. Any identification, description, illustration, symbol or device which is affixed directly or indirectly upon a building, vehicle, structure or land and which conveys information identifying or directing attention to or advertising a product, place, activity, person, institution or business.
SLEEPING ROOM. A room, other than a guestroom, in which no cooking facilities are provided.
SOLID WASTE. Any garbage, trash, rubbish, waste tire, refuse, sludge from a waste treatment plant, water supply treatment plant or pollution control facility and other discarded material, including solid, liquid, semisolid or contained gaseous material.
SOLID WASTE LANDFILL. A facility, area of land or excavation in which solid wastes are placed for permanent disposal.
STEEL STORAGE CONTAINER. A steel structure sometimes referred to as a cargo container, which is independent of any trailer or axles, and is commercially produced and designed for the purposes of storage of personal or commercial belongings/ products. Does not include tractor-trailers, boxcars, freight containers or commercial trailers.
STORY. That portion of a building included between the surface of any floor and the surface of the next floor above it, or if there is no floor above it, then the space between the floor and the ceiling next above it. A basement, the ceiling of which is less than four feet six inches above the natural grade level, shall not be considered a floor. A mezzanine floor shall be considered a STORY if it exceeds an area of 40% of the area of the floor next below it.
STREET. A public passageway that affords a principal means of access to abutting property.
STRUCTURE. The result of arranging materials and parts together and attached to a lot (such as buildings, tanks and fences), but not including tents or vehicles.
TIMESHARE. A project or use where a purchaser receives the right in perpetuity, for life or a term of years to the recurrent, exclusive use or occupancy of a lot, parcel unit or segment or property, annually or on some periodic basis, for a period of time that has been or will be allotted from the use or occupancy periods into which the project has been divided.
TOWN COUNCIL. Council of the Town of Dewey-Humboldt.
TRAILER PARK. Same as MOBILE HOME COURT.
TRAILER (PARK MODEL). A park trailer built on a single chassis, mounted on wheels and designed to be connected to utilities necessary for operation of installed fixtures and appliances and has a gross trailer area of not less than 320 square feet and not more than 400 square feet when it is set up, except that it does not include fifth-wheel trailers. Allowed in mobile home/manufactured home and RV parks.
TRAILER (TRAVEL). A travel trailer mounted on wheels, designed to provide temporary living quarters for recreational, camping or travel use, of a size or weight that may or may not require special highway movement permits when towed by a motorized vehicle and has a trailer area of less than 320 square feet. This definition includes fifth-wheel trailers and other like recreational vehicles (see also VEHICLE (RECREATIONAL)).
USE. The purpose for which a building, lot or structure is arranged, designed, occupied or maintained.
USE (ACCESSORY). A use incidental to the principal or primary use on the same lot.
USE (LEGAL NONCONFORMING). A use that lawfully occupied a building or land at the time this Code or amendments thereto became effective, which has been lawfully continued and which does not now conform with the use regulations.
USE (PERMITTED). A use in a district, which is allowed by reason of being listed among the PERMITTED USES in the district.
USE (PRIMARY). A use that is conducted as the principal use of the lot on which it is situated. For example a single family dwelling unit shall be deemed to be the PRIMARY USE on a residentially zoned parcel or lot on which the unit is situated.
USE (PRIVATE). A use restricted to the occupants of a lot or building together with their guests, where compensation is not received and where no commercial activity is associated with same.
USE (PROFESSIONAL). The rendering of services of a professional nature by members of the professions licensed by competent authority; teachers in a school of general instruction; artists practicing the fine arts; or consultants recognized by organizations of licensed professions.
USE (PUBLIC). A use (or building) located on public land to serve public benefits (but not necessarily available to the public admission).
USE (RESIDENTIAL). Shall be deemed to include single and multiple dwelling units, guestrooms, rooming and boarding houses, fraternity and sorority houses, convents, homes for the aged and similar.
VEHICLE. The result of arranging materials and parts together for conveyance over roads (whether or not self propelled). Such is not deemed a structure in qualifying for a building permit, but as being accessory to the principal use on a lot (except in connection with vehicular rental or sales agencies and mobile home courts).
VEHICLE (JUNK). A vehicle that is in such a state of deterioration that it cannot be profitably dismantled or salvaged for parts and cannot be profitably restored (from A.R.S. § 28-4881).
VEHICLE (PRIVATELY OWNED). A vehicle used for private purposes that does not exceed a seven-ton capacity.
VEHICLE (RECREATIONAL). A motor vehicle that is designed and customarily used for private pleasure, including vehicles commonly called motor homes, pickup trucks with campers and pickup trucks with a fifth wheel trailing device (see also TRAILER (TRAVEL)).
WALL. A barrier constructed of materials such as solid block, native stone and rock or wood stucco. Barriers constructed with materials not designed for walls are not included in this definition of a wall.
WRECKING YARD. See YARD (WRECKING).
YARD. A required space of uniform width adjacent to the perimeter of a lot, the interior boundary of which is measured as a minimum horizontal distance to the required setback of a principal structure from a lot boundary; or from any future width line.
YARD (FRONT). A yard abutting the front street.
YARD (JUNK). An open-land area or portion thereof (exclusive of an area not exceeding the provisions of § 153.086) used for storage, keeping, sale or abandonment of junk (including scrap material, disabled vehicles or used vehicular parts).
YARD (REAR). A yard abutting the rear lot line or alley.
YARD (SIDE). A yard abutting a side street (exterior side yard) or a common side boundary (interior side yard), lying between required front and rear yards.
YARD (WRECKING). An open-land area used for dismantling or demolition of motor vehicles, machinery, equipment or similar and usually the storage thereof.
ZONING AREA. The area within 300 feet of the proposed amendment or change.
ZONING CLEARANCE. The approval or authorization by the Zoning Administrator indicating that a proposed building, structure or use of land meets all the standards contained in this chapter.
ZONING DISTRICT. A zoned area in which the same zoning regulations apply throughout.
(Ord. 08-44 § 301, passed 10-21-2008; Am. Ord. 09-50, passed 4-21-2009; Am. Ord. 15-110, passed 4-7-2015; Am. Ord. 16-123, passed 1-19-2016; Am. Ord. 22-187, passed 11-1-2022)