(A) Words used in the present tense include the future tense; words used in the singular include the plural, and words used in the plural include the singular; the word “shall” is always mandatory, the word “person” includes a firm, association, organization, partnership, trust, corporation, or company, as well as an individual; the word “lot” includes the words “plot” or “parcel”; the words “used” or “occupied,” as applied to any land or building, shall be construed to include the words “intended, arranged, or designed to be used or occupied”; the words “map” or “zoning map” mean the Zoning Map(s) of the city that delineate the area to be governed by these regulations.
(B) For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
100-YEAR FLOOD. The highest level of flooding that, on the average, is likely to occur once every 100 years (i.e., that has a 1% chance of occurring in any given year).
ABANDONED. To discontinue the use or occupancy of a building, parcel or property.
ABUT, ABUTTING. To share, border or physically touch a common boundary, property line or right-of-way.
ACCESSORY BUILDING OR USE. A subordinate building, or portion of the principal building that is fully enclosed and has utilities enabling human habitation, located on the same lot as the principal building, or a subordinate use of land, either of which is customarily incidental to the principal building or to the principal use of land. Where part of an accessory building is connected to part of the principal building in a substantial manner as by a roof, the accessory building shall be counted as part of the principal building. Individual public utility installations above ground are considered ACCESSORY BUILDINGS.
ACCESSORY DWELLING UNIT. An ancillary or secondary living unit to a single-family detached dwelling unit (i.e. principal building) that has a kitchenette, bathroom, and sleeping area; is located on the same lot as the principal building, and is either attached to the principal building by a common wall or fully covered breezeway with common roof structure and improved floor or fully detached from the principle building. For purposes of determining maximum density, an accessory dwelling unit shall not count as a dwelling unit.
ACCESSORY STRUCTURE. A subordinate structure to that of a principal building, which is not served with utilities and/or is not fully enclosed, enabling human habitation (i.e., deck, gazebo, tool shed, and the like).
ACRE. A unit of measure for land area containing 43,560 square feet.
ADDITION. An extension or increase in floor area or height of a building or structure.
ADJACENT. See ADJOINING.
ADJOINING. The condition of having a common dividing line. Two properties which are separated by only a street or alley shall be considered as adjoining one another.
ADULT ENTERTAINMENT.
ADULT ENTERTAINMENT BUSINESS. A business that offers adult services such as adult arcades, adult bookstores or video stores, cabarets, adult live entertainment establishments, adult motion picture theaters, adult theaters, adult massage establishments, or nude model studios as defined in A.R.S. § 11-811(E).
ADULT ARCADE. Any place to which the public is permitted wherein money-operated, token-operated or credit-operated, or electronically, electrically or mechanically controlled still or motion picture machines, projectors or other image-producing devices are maintained to show images to five or fewer persons per machine at any one time in any viewing room of 150 square feet or less, and where the images so displayed are distinguished or characterized by the depicting or describing of specified sexual activities or specified anatomical areas.
ADULT BOOKSTORE or NOVELTY STORE. Any commercial establishment:
1. Which as one of its principal business uses offers for sale or rental, for any consideration, any of the following:
a. Books, magazines, periodicals or other printed materials, which depict or describe specified sexual activities or specified anatomical areas; or
b. Films, video cassettes or other video reproductions depicting specified sexual activities or specified anatomical areas; or
c. Instruments, devices or paraphernalia which are designed for use in connection with specified sexual activities, excluding condoms and other birth control and disease prevention products; and
2. Which regularly excludes all minors from the premises because of the sexually explicit nature of the items sold, rented or displayed therein.
3. For purposes of this definition, 25% or more of the establishment’s merchandise constitutes a principal business use.
ADULT CABARET. Any nightclub, bar, restaurant, or other commercial establishment which features live performances or activities on the business premises that are characterized by the exposure of specified anatomical areas or by specified sexual activities; provided that a nude model studio is not an adult cabaret, the term ADULT CABARET is intended to apply to businesses which emphasize and seek, through the conduct of any employee or performer, to arouse or excite any patron’s sexual desires. Nothing in this definition shall be construed to apply to the presentation or performance of any play, drama, or ballet in any theater, concert hall, fine arts academy, school, institution of higher education or similar establishment as a form of expression of opinion or communication of ideas or information, as differentiated from the promotion or exploitation of nudity for the purpose of advancing the economic welfare of a commercial or business enterprise.
ADULT THEATER. Any business establishment, other than an adult arcade or adult motel, used regularly for the business of exhibiting films, video cassettes or other video reproductions depicting specified sexual activities or specified anatomical areas, and from which all minors are regularly excluded because of the sexually explicit nature of such films, cassettes or reproductions.
NUDE, NUDITY or STATE OF NUDITY. The appearance of the cleft of the buttocks, anus, genitals or areola of the female breast; or a state of dress which fails to opaquely cover the cleft of the buttocks, anus, genitals or areola of the female breast.
NUDE MODEL STUDIO. Any place where a person appears nude or semi-nude, and is provided to be observed, sketched, drawn, painted, sculptured, photographed or similarly depicted by other persons for any consideration, the term NUDE MODEL STUDIO does not include a proprietary school that is licensed by this state; a college, community college, or university that is supported entirely or in part by taxation; a private college or university that maintains and operates educational programs in which credits are transferable to a college, community college, or university that is supported entirely or in part by taxation; or a structure to which all of the following apply:
1. A sign is not visible from the exterior of the structure and no other advertising appears on the premises indicating that a nude or semi-nude person is available for viewing;
2. The business does not otherwise advertise itself as an adult business;
3. Where in order to participate in a class, a student must enroll at least three days in advance of the class; and
4. Where no more than one nude or semi-nude model is on the premises at any one time.
SEMI-NUDE or SEMI-NUDITY. A state of dress which shows the female breast below a horizontal line across the top of the areola at its highest point, or which shows the male or female buttocks. This definition shall not include any portion of the cleavage of the female breast exhibited by a dress, blouse, leotard, bathing suit, or other wearing apparel, provided that the areola is not exposed in whole or in part.
SEMI-NUDE BUSINESS. Any commercial establishment, other than an adult cabaret, nude model studio, or topless bar, which features employees who appear semi-nude before customers on the business premises. The term SEMI-NUDE BUSINESS is intended to apply to businesses which emphasize and seek, through the conduct of any employee or performer, to arouse or excite any patron’s sexual desires. Nothing in this definition shall be construed to apply to the presentation or performance of any play, drama, or ballet in any theater, concert hall, fine arts academy, school, institution of higher education or similar establishment as a form of expression of opinion or communication of ideas or information, as differentiated from the promotion of exploitation of semi-nudity for the purpose of advancing the economic welfare of a commercial or business enterprise.
SPECIFIED ANATOMICAL AREAS. Human genitals in a state of sexual arousal; the appearance of the cleft of the buttocks, anus, genitals, or areola of the female breast; or a state of dress which fails to opaquely cover the cleft of the buttocks, anus, genitals, or areola of the female breast.
SPECIFIED SEXUAL ACTIVITIES. Activities that depict, describe, or relate to any of the following activities:
1. The fondling or other erotic touching of human genitals, pubic region, buttocks, anus, or female breasts;
2. Sex acts, normal or perverted, actual or simulated, including intercourse, oral copulation, or sodomy;
3. Masturbation, actual or simulated; or
4. Excretory functions as part of or in connection with any activities set forth in divisions 1. through 3. above.
TOPLESS BAR. Any establishment which is required to hold a liquor license under Arizona law and which offers semi-nude performers as entertainment.
ADVERSE IMPACT. A negative consequence for the physical, social, or economic environment resulting from an action, use, or development.
AGRICULTURE, GENERAL. The use of land for purposes included growing and harvesting along with necessary accessory uses (such as greenhouses, raising of animals, or the storage of related equipment used on the premises and temporary storage of related products used and/or produced on the premises). The operation of any such accessory use shall be secondary to that of the principal agricultural activities. General agriculture uses may or may not be owner-occupied and may utilize employees who are not owners or family of the owners. This use does not include dairies, commercial animal breeding, concentrated animal feeding operations (CAFO), slaughter and meatpacking plants, or fertilizer yards.
AIRPORT/ HELIPORT. An area of land consisting of runways and structures designed for the takeoff, landing, and maintenance of aircraft and/or helicopters. Activities may include private flights, commercial and non-commercial flights, flying clubs, and flight training or flight schools.
ALCOHOLIC BEVERAGES, RETAIL SALE. An establishment licensed to sell alcoholic beverages including beer, wine, and liquor and barring all on-site consumption. A drive thru may be included as defined and regulated herein.
ALLEY. A permanent public thoroughfare providing a secondary means of access to abutting lands.
ALTERATION. Any change, addition or modification that changes the exterior architectural appearance or materials of a structure or object. ALTERATION includes changes in exterior surfaces, changes in materials, additions, remodels, demolitions, and relocation of buildings or structures, but excludes ordinary maintenance and repairs.
AMENDMENT. A change in the wording, context or substance, or the addition of text to this chapter; an addition, deletion or change in the district boundaries or classifications on the Zoning Map.
ANIMAL HOSPITAL/VETERINARY CLINIC. A facility used by one or more licensed veterinarians to provide medical and hygiene-related services to animals. Excludes overnight boarding of animals that are not under medical care.
ANIMAL KENNEL/ SHELTER. A facility where four or more domestic animals over the age of three months are held for the purposes of boarding, breeding, or selling. The facility may also accept and/or seize domestic animals for the purpose of boarding them overnight, caring for them, placing them through adoption, or carrying out law enforcement. A zoo, pet store, veterinary clinic, animal hospital, and animal husbandry are not considered a kennel.
APPLICANT. Any person applying for any permit, approval or decision governed or required by this chapter.
AREA, GROSS. The land area (acres) within the perimeter of a parcel or lot, including all non-dedicated streets, alleys, private roadways and/or alley easements, and canal and/or irrigation easements.
AREA, NET. The land area (acres) within the perimeter of a parcel or lot, excluding all dedicated arterial, collector and local street right-of-ways.
AREA OF SHALLOW FLOODING. A designated AO Zone on the Flood Insurance Rate Map (FIRM). The base flood depths range from one to three feet; a clearly defined channel does not exist; the path of flooding is unpredictable and indeterminate; and velocity flow may be evident.
A.R.S. The abbreviation for the Arizona Revised Statutes.
ART GALLERY/ STUDIO. A private establishment for the creation, collection, and display of objects of art, may be open and available to the public.
ASSEMBLY HALL/AUDITORIUM/CONFERENCE CENTER. A building or structure, or group of buildings or structures, that may or may not be rented for the conducting of organized short-term events such as weddings, receptions, concerts, performances, and conferences. Accessory uses may include meeting rooms, kitchen facilities for preparation of food to be consumed on the premises, parking, and childcare provided for persons while they are attending assembly functions. Schools associated with assembly uses are not an accessory use.
ASSEMBLY, LIGHT. An establishment engaged only in the on-site assembly of goods. No manufacturing of parts occurs. Goods are shipped to the establishment, assembled, packaged, and reshipped. Assembly and packaging involves only the use of hand tools or domestic mechanical equipment not exceeding two horsepower or a single kiln not exceeding eight kilowatts. Typical light assembly uses include ceramic studios and custom jewelry manufacturing.
ASSISTED LIVING CENTER. A residential care institution that provides resident rooms or residential units to 11 or more persons for the housing of individuals with disabilities (adults or minors). The facility provides on-site care, training or support, or habilitative or rehabilitative services, related to the residents’ disabilities. This use includes structured sober living homes and caring for the ambulatory, aged or infirm in a residential setting. Does not include a nursing home, group care home, resident care home or hospital. Care givers are present at all times and may (or may not) reside at the site. Facilities typically include common kitchen and dining areas but may contain individual kitchenettes for residents. An assisted living center shall be licensed by the State of Arizona.
ASSISTED LIVING HOME. A dwelling unit, shared for the housing of and caring for the ambulatory, aged or infirm and licensed by the Arizona State Department of Health services for no more than ten persons excluding staff in a residential setting. Does not included a nursing home, group care home, or assisted living center. Care givers are present at all times, and typically reside at the site.
AUCTIONS, INDOOR. A completely enclosed facility where property is received from willing persons or businesses, when such property is to be sold to third parties, by auction, either publicly or privately, whether for cash, property or other consideration, inside the primary structure. Outdoor storage is allowed as an accessory use, if completely screened.
AUTO WRECKING AND SALVAGE YARD. Any place of which personal property is or may be salvaged for reuse, resale, or reduction or similar disposition and is owned, possessed, collected, accumulated, dismantled, or sorted including, but not limited to: use of salvaged base metal or metals, their compounds or combinations; used or salvaged glass, rubber, lumber, millwork, brick, automobiles, and similar property which are used, owned, or possessed for the purpose of wrecking or salvaging parts therefrom.
AUTOMOBILE/BOAT/RV, REPAIR MINOR. An establishment with the primary purpose of the service and repair of automobiles, boats, trucks, and motorcycles, including the sale, installation, and servicing of related equipment and parts. This classification includes quick-service oil, tune-up, wheel and brake shops, muffler shops, auto glass services, propeller service, battery replacement and tire sales and installation, where repairs are made or service provided in enclosed bays and no vehicles are stored overnight. This classification excludes establishments providing engine repair, body, hull and fender work, vehicle/boat painting, or towing. It also excludes repair of commercial trucks and tractor-trailers or construction vehicles.
AUTOMOBILE/BOAT/RV, REPAIR MAJOR. As establishment with the primary purpose of the repair of automobiles, boats, trucks, motorcycles, motor homes, and recreational vehicles, including the sale, installation, and servicing of related equipment and parts, generally on an overnight basis. This classification includes auto/boat engine repair shops; body, hull and fender shops, transmission shops, restoration, refurbishing, but excludes auto/boat dismantling or salvaging and tire re-treading or recapping.
AUTOMOBILE/BOAT/RV, SALES AND LEASING. As establishment with the primary purpose of the sale, leasing or rental of automobiles, motorcycles, trucks, motor homes and boats, including storage and incidental maintenance.
BAR, LOUNGE, or TAVERN. A structure or part of a structure used primarily for the sale, dispensing, and on-site consumption of alcoholic beverages or liquor by the drink, which may or may not serve food. Any facility providing both food and alcoholic beverages or liquor by the drink for on-site consumption that does not meet the definition of a restaurant shall be considered a bar, lounge, or tavern.
BASE FLOOD, 100-YEAR. The flood having a 1% chance of being equaled or exceeded in any given year.
BASEMENT. A portion of a building located partly underground but having not less than half its floor-to-ceiling height below the average grade of the adjoining ground.
BED AND BREAKFAST (6 UNITS). A business in a building originally constructed as a single-family dwelling and/or reconstructed from a commercial building into a single-family dwelling that provides not more than six guest rooms for guest accommodations on a temporary basis with breakfast service being provided on premises. The operator of the bed and breakfast shall live on the premises or abutting premises.
BOARD. The Board of Adjustment of the City of El Mirage, Arizona.
BOAT. Any vessel or motorized device used for traveling in or on water, including, but not limited to, an unpowered vessel; a vessel powered by oars, paddles, sail, or motor; and a raft, whether ridged, supported by pontoons, or inflatable.
BUFFER. A landscaped area intended to separate and partially obstruct the view of two adjacent land uses or properties from one another.
BUILDING. Any structure having enclosed space and a roof for the housing and/or enclosure of persons, animals or chattels, except mobile homes, recreational vehicles, and mobile offices.
BUILDING AREA. The maximum horizontal projected area of the principal and accessory building, excluding open steps, terraces, unenclosed porches of one story, and architectural appurtenances projecting not more than two feet. BUILDING AREA, as that portion of a lot upon which construction is permitted, is as follows: That area of a lot that lies within the boundaries of the front, side, and rear yard setback requirements measured from the actual lot line.
BUILDING, FRONT PLANE OF. The face of a building nearest the street right-of-way line or related front, side, or rear lot line.
BUILDING, HEIGHT OF. The vertical distance of a building as measured from the average elevation of the finished grade within 20 feet of the structure to the highest point of the coping of a flat roof, or to the deck line of a mansard roof, or to the highest point of the highest gable of a pitch or hip roof..
BUILDING, NON-CONFORMING. A legally existing building which fails to comply with the regulations set forth in this chapter applicable to the zone in which the building is located.
BUILDING, PRINCIPAL. A building in which is conducted the main, or principal, use of the lot on which the building is situated.
BUILDING MATERIALS SALES. A primarily outdoor establishment for the wholesale or bulk sale of materials, hardware, and lumber customarily used in the construction of buildings and other structures. Outdoor examples include lumber yards and landscaping materials stores. This use does not include home improvement and hardware stores.
BUILDING PERMIT. A permit issued by the City of El Mirage that is required for the construction, modification or moving of any building, structure or use in the city.
BUILDING WALL. The individual sides of a building.
BUSINESS. The engaging in of the purchase, sale, barter, or exchange of goods, wares, merchandise, or service; the maintenance or operation of offices or recreational or amusement enterprises.
BUSINESS NAME. The name by which a business is commonly recognized and referred to by the applicant but does not include slogans or product information.
BUSINESS SERVICES. An establishment that primarily provides goods and services to other businesses on a fee or contract basis including printing and copying, blueprint services, advertising and mailing, office security, custodial services, and photo finishing.
CARGO CONTAINER. An article of transport equipment which falls into any of the following categories:
(1) Designed or constructed for or used to facilitate the packing, shipping, movement, or transportation of freight, articles, goods or commodities by one or more modes of transport; and/or
(2) Designed to be or capable of being mounted or moved on a rail car, or mounted on a chassis or bogie for movement by a tractor trailer, or loaded on to a ship; and/or
(3) A prefabricated metal structure designed for use as an individual shipping container in accordance with international standards or a metal structure designed and built for use as an enclosed truck trailer in accordance with U.S. Department of Transportation standards.
CARGO CONTAINER, PERMANENT. A period of time limit that exceeds four months on site without being utilized for transportation purposes.
CARGO CONTAINER, STACK/STACKING. A method of storing cargo containers or a chassis in a vertical manner where the floor of the container or bed of the chassis remains parallel to the ground.
CARGO CONTAINER, TEMPORARY. A period of time that does not exceed four months on site while being used for storage purposes.
CARPORT. A structure, open on at least two sides, consisting of a roof and either walls or columns for the purpose of housing automotive vehicles. The structure shall be considered as an accessory structure when detached from the principal building and as a part of the principal building when attached to the principal building along one or more sides of the carport or principal building.
CAR WASH. A facility, coin operated, automatic, or hand wash, for the cleaning of automobiles, providing either self-serve facilities or employees to perform washing operations. The facilities shall be considered incidental to a fueling station if not more than one auto may be washed at one time and if the fueling station is clearly the principal use.
CEMETERY. Land used or dedicated to the interment of human or animal remains, including columbaria, mausoleums, mortuaries, and associated parking and maintenance facilities when operated in conjunction with, and within the boundaries of, such cemetery.
CERTIFICATE OF OCCUPANCY. A document issued by the Building Official allowing the occupancy or use of a building and certifying that the structure or use has been constructed or will be used in compliance with all the applicable codes of the City of El Mirage. As defined in the current building code adopted by the city.
CHANGE OF USE. Any use which differs from the previous use of a building or land.
CHILD CARE, CENTER. Any facility licensed by the Arizona State Department of Health Services in which care and supervision for five or more persons is regularly provided for compensation for periods of less than 24 hours per day. This classification includes nursery schools, preschools, day care for children or adults, and any other non-residential day care facility licensed by the State of Arizona.
CHILD CARE, HOME. A state certified facility, the primary use of which is a residence, in which childcare for not less than five children and not more than ten children through the age of 12 (not related to owner, management, nor staff) or adult day care for at least five and not more than ten adults (not related to owner, management, nor staff) is provided on a daily basis for compensation for periods of less than 24 hours per day. The following uses are not a child care, home use: an assisted living facility; group care home; or day care, home occupation.
CITY. The City of El Mirage.
CITY ATTORNEY. The City Attorney of the city.
CITY COUNCIL. The governing body of the city.
CITY ENGINEER. The City Engineer of the city.
CITY MANAGER. The City Manager of the city.
COFFEE SHOP/CAFE. An establishment that primarily serves nonalcoholic beverages (such as coffee, tea, juices, and/ or sodas) or specialty snacks (such as ice cream, frozen yogurt, cookies, or pastries) for purchase and consumption. A drive thru may be included as defined and regulated herein.
COLLEGE/UNIVERSITY, PUBLIC OR PRIVATE. A degree-granting institution, other than a trade school (see instructional services or trade school definition), that provides education beyond the high school level. The use includes, but is not limited to, classroom buildings, offices, laboratories, lecture halls, athletic facilities, clinics, cafeterias and dormitories.
COMMISSION. The City of El Mirage Planning and Zoning Commission.
COMMON AREA. Land in a residential development held in common and/or single ownership and not reserved for the exclusive use or benefit of an individual tenant or owner.
COMMUNITY GARDEN. A lot or any portion thereof, managed and maintained by a person, group, or organization for growing, harvesting, farming, or any other use, which contributes to the production of organic agricultural, floricultural, or horticultural products for recreation or direct local consumption rather than for commercial processing.
COMMUNITY PLAYFIELDS AND PARKS. A tract of land owned by a public or private entity and available to the general public for recreational purposes. This definition includes playgrounds, athletic courts and fields, swimming pools, and all necessary maintenance facilities.
COMMUNITY RECREATION CENTER. An indoor facility providing recreation/pool facilities and/or meeting rooms, and typically oriented to the recreational needs of the residents of the surrounding area, including youth and/or seniors.
COMPATIBLE. The use of land or a structure that is capable of existing together in harmony with other structures or uses of land adjacent or in proximity to the land use or structure in question.
CONDITIONAL USE PERMITS. Legal authorization to undertake a conditional use as defined by this chapter.
CONTIGUOUS. In contact with one or more sides.
CORPORATE COUNSEL. The Attorney of the city or any assistant or special counsel of the city.
COUNCIL. The City Council of the city.
COUNTY. Maricopa County, State of Arizona.
CULTURAL FACILITY. An establishment with the primary purpose of the collection, display, and performance of art, music, history, or science, sponsored by a public or quasi-public agency and open and available to the public. Contents may be interactive or observational only.
DATA CENTER. A facility used primarily for the storage, management, processing, and transmission of digital data, which houses computer and/or network equipment, systems, servers, appliances and other associated components related to digital data operations. Such facility may also include air handlers, power generators, water cooling and storage facilities, utility substations, and other associated utility infrastructure to support sustained operations at a data center.
DAY CARE, HOME OCCUPATION. A permanent residential unit where an occupant provides day care and supervision for no more than four children or adults not residing in the household, whether or not for compensation. The following uses are not a day care, home occupation use: group care home; child care, home; and child care center.
DEDICATION. The designation of land by its owner for any general or public use.
DENSITY, GROSS. The number of residential dwelling units per unit of land.
DENSITY, NET RESIDENTIAL. The number of residential dwelling units per unit of land, excluding any land used or to be used as arterial street rights-of-way or private non-residential uses except parks, open space and recreational areas. For calculating NET RESIDENTIAL DENSITY, the following formula shall apply:
du
D = A- (c+i+s+a)
D = A- (c+i+s+a)
Where:
D = Residential density
du = Total number of dwelling units in project
A = Total site area (acres)
c = Total commercial land area (acres)
i = Total industrial land area (acres)
s = Reserved but undedicated school sites (acres)
a = Arterial rights-of-way (acres)
DETENTION BASIN. An area requiring landscaping to maintain the purpose and requirements of controlling the flow of water.
DEVELOPMENT. Any human-made change to improve or alter real estate, including but not limited to, buildings or other structures, mining, dredging, filling, grading, paving, excavation, or drilling operations.
DISABILITY. The term DISABILITY means, with respect to an individual: (A) a physical or mental impairment that substantially limits one or more major life activities of such individual; (B) a record of such an impairment; or (C) being regarded as having such an impairment. For purposes of this definition, a qualified individual with a disability shall not include an individual who is currently engaging in the illegal use of drugs, when the covered entity acts on the basis of such use, except as provided in 42 U.S.C. 12210. The term ILLEGAL USE OF DRUGS means the use of drugs, the possession or distribution of which is unlawful under the Controlled Substances Act, 21 U.S.C. 812. Such term does not include the use of a drug taken under supervision by a licensed health care professional, or other uses authorized by the Controlled Substances Act or other provisions of Federal law. The term, DISABILITY, shall be interpreted in a manner consistent with the definition of disability in the Americans with Disabilities Amendment Act of 2008.
DISTRIBUTION YARD, OUTDOOR. An open site, with the primary purpose of receiving, storing, sorting, consolidating, and separating of goods and materials, as well as vehicular transfer, for reshipment to other locations, typically for other businesses.
DISTRIBUTION/WAREHOUSING CENTER, INDOOR. A building whose primary purpose is facilitating the receiving, storage, sorting, transfer to larger or smaller vehicles, consolidation into larger quantities or breaking down into smaller quantities of goods and materials for reshipment to other locations typically for other businesses or direct to home delivery. Uses are not involved in manufacturing or production and include no outdoor storage of goods or materials.
DISTRICT. A portion of the city within which certain uniform regulations and requirements or various combinations of requirements are applied under the provisions of this chapter.
DRIVE ACCESS. The area between the curb of a street, or edge of the traveled portion of a street when no curb exists, and the right-of-way/property line over which the city will permit vehicular travel from the traveled portion of a street to an individual property or off-street parking space(s).
DRIVE THRU FACILITY. An accessory to a business in which customers are provided a service or a product, where a sale is made without the customer being required to leave the vehicle. The business may be solely accessed via drive thru, or a business may add a drive thru facility as an additional access to a business.
DRIVEWAY. A surfaced area intended solely for the purpose of accessing a garage or parking area.
DUST-FREE SURFACE. A surface such as concrete, asphalt, masonry, crushed rock or aggregate, or other alternative material that does not generate dust and is designed to the specifications of the City Engineer.
DWELLING. A building, or portion thereof, used primarily for residential occupancy, including single-family, two-family, multiple-family dwellings, and resident/group care homes, but not including hotels or motels.
DWELLING, DUPLEX. A single building containing two dwelling units located on an individual lot designed for or used by two families living independently of each other. Sometimes referred to as a “two-family dwelling.” Dwelling units shall share a common wall and may be side by side or up and down.
DWELLING, LIVE/WORK. An integrated housing unit and working space, occupied and utilized by a single household in either a, detached single-family structure located behind the principal workplace or a unified structure that has been designed or structurally modified to accommodate joint residential occupancy and work activity, and which is in compliance with all applicable building codes; and the working space is reserved for and regularly used by one or more occupants of the unit. Work must be an approved home occupation for the zoning district therein.
DWELLING, MANUFACTURED HOME. A structure built on or after June 15, 1976, in accordance with the National Manufactured Home Construction and Safety Standards Act of 1974 and Title VI of the Housing and Community Development Act of 1974.
DWELLING, MOBILE HOME. A structure, transportable in one or more sections, that is at least eight feet in width and 32 feet in length and that is built on a permanent chassis and designed to be used as a dwelling unit, with or without a permanent foundation, when connected to on-site utilities, and that was not constructed in accordance with the National Manufactured Home Construction and Safety Standards Act of 1974 and Title VI of the Housing and Community Development Act of 1974.
DWELLING, MODULAR HOME. A factory-built building, residential, excluding mobile homes and manufactured homes defined herein. Such housing is certified as meeting the state and local building codes as applicable to modular housing and shall be considered equivalent to a site built building and which requires substantial assembly on site. Also referred to as “factory built” in Department of Building, Fire and Safety Rules, State of Arizona.
DWELLING, MULTI-FAMILY. A single building containing three or more dwelling units on an individual lot for occupancy by families living independently of each other. Sometimes referred to as a “multiple-family dwelling.” Housing units may be side by side or up and down. Within apartments, the building and land are under single ownership and dwelling units are rented or leased. Within a condominium, ownership consists of the airspace within a unit and the building(s) and all land within the development are under common ownership.
DWELLING, SINGLE-FAMILY ATTACHED. A dwelling designed for or used by one family, located on an individual lot, and having any portion of one or more walls in common with adjoining dwellings. Sometimes referred to as a “townhouse dwelling.” Housing units are side by side only.
DWELLING, SINGLE-FAMILY DETACHED. A dwelling designed for or used by one family, located on an individual lot, and having no walls in common with adjoining dwellings. Shall also include a factory-built residential building, excluding mobile homes and manufactured homes defined herein. Such housing is certified as meeting the state and local building codes as applicable to modular housing and shall be considered equivalent to a site-built building and which requires substantial assembly on site. Also referred to as “factory built” in Department of Building, Fire and Safety Rules, State of Arizona.
DWELLING UNIT. A dwelling, or portion of a dwelling, used by one housekeeping unit for residential purposes.
EASEMENT. A legal interest in land granted by the owner to another person or the general public, which allows that person, or the general public, the use of all or a portion of the owner’s land, generally granted for a stated purpose including, but not limited to, access or utility placement.
EGRESS. An exit.
ENCROACHMENT. The act of placing a building or structure on another’s land or within an area mandated by the city, state or federal government.
ENLARGEMENT. An increase in the size of an existing structure.
FACADE. The entire building front including the parapet.
FAMILY.
(1) An individual or two or more persons related by blood, marriage, or adoption, and usual domestic help, living together as a single housekeeping unit in a dwelling unit; or
(2) A group of not more than five persons, who need not be related, living together as a single housekeeping unit in a dwelling unit.
FARMERS MARKET, TEMPORARY. Commercial activities, , conducted in an outdoor area, or in semi-enclosed structure where one or more vendor(s) display, barter, or sell directly to the customer food, merchandise and products made or produced locally, such as fresh fruits, vegetables, flowers, herbs, plants, and value-added food products. Farmers market (temporary) does not mean flea market, occasional arts and craft fairs, or festivals.
FEED STORE. An establishment with the primary purpose of the retail sale of supplies directly related to agriculture, ranching, or dairy operations.
FENCE. An artificially constructed barrier of any material or combination of materials, that are not a wall as defined herein, erected to enclose or screen areas of land.
FINANCIAL INSTITUTION. An establishment that provides banking services, lending, or similar financial services to individuals and businesses. This definition includes those chartered institutions engaged in the on-site circulation of cash money and check-cashing but shall not include bail bond brokers or non-chartered financial institutions as defined herein. A drive thru may be included as defined and regulated herein.
FITNESS AND SPORTS CENTER. A facility, typically membership based, primarily featuring equipment for exercise and other active physical fitness and/or recreational sports activities, such as swimming, skating, racquet sports, aerobic dance, gymnasium facilities, indoor soccer, yoga, and other kinds of sports and fitness facilities. May also include accessory spa facilities.
FLAG. Any flag of the United States, or any state of the United States, foreign nations having diplomatic relations with the United States, the city, corporate flag, or any other flag adopted or sanctioned by an elected legislative body of competent jurisdiction, or any other flag whose display is authorized by the Constitution of the United Sates or the Constitution of the state.
FLEA MARKET, TEMPORARY. An indoor or outdoor premises where the main use is the sale of new or used household goods, personal effects, tools, art work, appliances, and similar merchandise, objects, or equipment in small quantities, by multiple vendors for the use, sale or consumption by the immediate purchaser. This definition does not include temporary retail sidewalk sales, farmers markets, garage sales or special events.
FLEX COMMERCIAL. A singular building that can accommodate a mix of non-residential uses provided such uses are consistent with the permitted uses of the zoning district in which the building is located.
FLOOD INSURANCE RATE MAP (FIRM). The official map on which the Federal Insurance Administration has delineated both the areas of special flood hazards and risk premium zones applicable to the community.
FLOOD PROOFING. Any combination of structural and non-structural additions, changes, or adjustments to properties and structures which reduce or eliminate flood damage or potential flood damage to lands, water and sanitary facilities, structures, and contents of buildings.
FLOODPLAIN. The area encompassing the floodway area and the floodway fringe.
FLOODWAY, 100-YEAR. The channel of a river or other watercourse and the adjacent land areas which must be kept free of encroachment in order to carry and discharge a flood of 100-year magnitude without substantial increases in flood height.
FLOODWAY FRINGE, 100-YEAR. The area between the floodway and the 100-year flood boundary.
FLOOR AREA, GROSS. The sums of the areas of the several floors of a building, including areas used for human occupancy in basements, attics, and penthouses, as measured from the exterior faces of the walls. It does not include cellars, unenclosed porches, or attics not used for human occupancy, or any floor space in accessory buildings or in the main building intended and designed for the parking of motor vehicles in order to meet the parking requirements of this chapter, or any such floor space intended and designed for accessory heating and ventilating equipment. It shall include the horizontal area at each floor level devoted to stairwells and elevator shafts.
FLOOR AREA, NET. The total of all interior useable floor areas of a building measured from the interior face of interior walls, excluding stairwells and elevators shafts, unenclosed porches, public corridors, public toilets, light shafts, equipment rooms and vertical equipment chases.
FRATERNAL OR SOCIAL CLUB, NONPROFIT. Meeting, recreational, or social facilities of a nonprofit organization primarily for use by members that pay annual dues and their guests. This classification includes union halls and lodges.
FRONTAGE. All of the property of a given lot or any portion thereof lying adjacent to a public street or highway.
FUELING STATION. An establishment engaged in retailing automotive fuels or charging of vehicles and may be in combination with providing convenience services. Establishment may or may not have a car wash or drive thru, with not more than one lane. A drive thru or carwash may be included as defined and regulated herein.
FUNERAL HOME OR CREMATORIUM. A location containing properly installed, certified apparatus intended for use in the act of cremation, or an establishment for the preparation of the deceased for burial and the display of the deceased and rituals connected with, and conducted before, burial or cremation. This definition may include a facility for the permanent storage of cremated remains of the dead as well as the indoor display and sale of goods associated with such services.
GARAGE, PRIVATE. A detached accessory building, or portion of a principal building, used for the storage of self-propelled vehicles.
GARAGE SALE. A sale of household items conducted on a residential site and incidental to the principal dwelling.
GENERAL PERSONAL SERVICES. An establishment other than a professional office that provides services or non-medical care to individuals as a primary use, and that may provide accessory retail sales of products related to the services provided. Examples of general personal service uses include shoe repair and tailor shops, beauty and barber shops, laundromats, tanning salons, photography studios and dry-cleaning shops. A drive thru may be included as defined and regulated herein.
GENERAL PLAN. The City of El Mirage General Plan.
GENERAL RECREATION, INDOOR. An establishment offering recreation, game playing, rides, or similar amusements to the public within an enclosed building. This shall include arcades, bowling alleys, billiard parlors, bingo parlors, and laser tag parlors. Establishments may or may not serve food and alcohol.
GENERAL RECREATION, OUTDOOR. Intensely developed recreational uses where the general public typically participates, lighted or unlighted, such as amusement parks, miniature golf courses, batting cages, racecourses, paintball ranges, motocross courses, water parks or slides, courses for paramilitary games, and archery facilities.
GOLF COURSE. A tract of land laid out with a course having nine or more holes for playing the game of golf, including any accessory clubhouse, driving range, office, restaurant, concession stand, picnic tables, pro shop, maintenance building, restroom facility, or similar accessory use or structure. The accessory buildings may be used for events such as performances, wedding and receptions, both private and public. This term shall not include miniature golf courses as a principal or accessory use, nor shall it include driving ranges that are not accessory to a golf course, nor shall it include lighted golf courses.
GOVERNMENT OFFICES AND CIVIC BUILDINGS. An office of a governmental agency that provides administrative and/or direct services to the public, such as, but not limited to: city employment offices, public assistance offices, post office or motor vehicle licensing and registration services.
GRADE. The average level of the finished ground surfaces surrounding a building.
GROUND FLOOR AREA. The square foot area of a building within its largest outside dimension computed on a horizontal plane at the ground floor level, exclusive of open porches, breezeways, terraces, garages, exterior stairways, and secondary stairways.
GROUP CARE HOME. A dwelling unit for a group of six or more unrelated persons, excluding staff, who do not have a disability (see “resident care home” for persons with disabilities), and are not living together as a single housekeeping unit. This definition shall include shelter homes for people at risk and halfway/correctional/sex offender transitional facilities but shall not include resident care homes or “residential facilities” for the developmentally disabled as specifically defined and provided for in A.R.S. §§ 36-581 and 36-582. Group care home facilities may or may not be licensed by the state or another government authority.
GUEST. A person who spends time on a temporary basis at another person’s home or a person who patronizes a hotel, restaurant, and the like, for the lodging, food, or entertainment it provides.
GUEST ROOM. Any room or rooms, used or intended to be used by guests on a temporary basis for sleeping purposes, having no provisions for cooking.
HEALTHCARE/MEDICAL FACILITY/CLINIC. A public or private facility consisting of one or more buildings providing, on an outpatient basis, chiropractic, dental, medical, surgical, medical imaging, or other services to individuals, including the offices of chiropractors, physicians, dentists, drug therapists, rehabilitation therapists and other health practitioners, medical and dental laboratories, outpatient care and outpatient care facilities. Patients are not kept overnight except under emergency conditions.
HEAVY EQUIPMENT SALES AND RENTAL. Retail establishments selling or renting construction, farm, or other heavy equipment typically via outdoor display. Examples include cranes, earth moving equipment, tractors, commercial trucks, and the like.
HOME OCCUPATION OR PROFESSION. An allowed commercial activity conducted entirely within a dwelling or accessory structure, where permitted, that is carried on solely by the occupants thereof and can be conducted without any significantly adverse impact on the surrounding neighborhood.
HOSPITAL. A public or private facility consisting of one or more buildings providing medical accommodation for sick, injured, or infirm persons, and for the provision of related outpatient services. Services regularly include the keeping of patients overnight. Accessory uses include heliports and related facilities, and parking.
HOTEL/ MOTEL (13+ UNITS). A business consisting of a building or a group of buildings with continuous on-site management containing a minimum of 13 units that provide accommodation and may or may not provide food and drink to guests for compensation.
HOUSEKEEPING UNIT. One or more individuals living, sleeping, and cooking in a single dwelling unit who share housekeeping tasks and responsibilities as an interdependent unit.
INGRESS. Access or entry.
INN (6-12 UNITS). A business consisting of a building or a group of buildings with continuous on-site management containing six to 12 units that provide accommodation and may or may not provide food and drink to guests for compensation.
INSTALL. The action of erecting, re-erecting, constructing, placing, posting, and building.
INSTRUCTIONAL SERVICES OR TRADE SCHOOLS. A specialized instructional private establishment that provides on-site training of business, artistic, or commercial skills, or a trade school that prepares students for jobs in a trade (e.g., carpentry). Examples include, but are not limited to, fine arts schools, computer instructional services, and driving schools.
KITCHENETTE. An area used or designed for the preparation of food and containing a sink, refrigerator, and an electrical outlet, which may be used for a microwave oven. No 220V outlet for a range or oven may be provided.
LANDSCAPE MATERIALS. Any materials used for the purpose of landscape improvement which may include, but shall not be limited to, the following: trees, shrubs, groundcover materials, boulders, sculptures, foundations, irrigation equipment, street furniture, outdoor lighting, fences, and walls.
LANDSCAPING. The combination of elements such as trees, shrubs, ground cover, vines, and other organic and inorganic materials for the express purpose of creating an attractive and pleasing environment. Public art, water features, plazas, patios, decorative courtyards and lighting may also be considered landscape elements.
LANDSCAPING PLAN. A graphic representation of the development site indicating the location of all existing and proposed landscape improvements to be present on the site at the completion of the construction of the project. The LANDSCAPING PLAN shall consist of preliminary and final plans as set forth herein.
LIBRARY. A facility for storing and loaning books, periodicals, reference materials, audio and videotapes, computers, and other similar media open and available to the public. Such facilities may or may not include accessory uses such as meeting space, bookstore, cafe or kitchen facilities.
LIVESTOCK. Cattle, horses, sheep, goats, fowl and other similar domestic animals, excluding swine and dogs and cats.
LIVESTOCK PEN. A fenced enclosure that may or may not be covered for the holding of livestock. Pens may confine one or more animals.
LOADING and UNLOADING BAYS. The off-street area required for the receipt of or distribution, by vehicles, of material or merchandise.
LOT. A piece, parcel, plot, tract, or area of land occupied or capable of being occupied by one or more principal buildings, and the accessory buildings or uses customarily incidental to them, and including the open spaces required under this chapter, and having its principal lot frontage on a street.
LOT AREA. The total horizontal area within the boundary lines of a lot.
LOT, CORNER. A lot at a junction of and fronting on two or more intersecting streets.
LOT COVERAGE. The percentage of the lot area covered by buildings.
LOT DEPTH. The horizontal distance of a line measured at a right angle to the front lot line and running between the front lot line and rear lot line of a lot.
LOT GROUND LEVEL. For buildings having walls fronting on only one street, the elevation at the front lot line at the center of a wall fronting on the street; for buildings having walls fronting on more than one street, the average of the elevation of the lot lines at the center of all walls fronting on the streets; for buildings having no walls fronting on the street, the average level of the ground adjacent to the exterior walls of the building.
LOT INTERIOR. A lot other than a corner or through lot.
LOT LINE, FRONT. In the case of an interior lot, a line separating the lot from the street; in the case of a corner lot, a line separating the narrowest street frontage of the lot from the street; and in the case of a through lot, a line separating the lot from the street from which a drive access may be permitted by the city.
LOT LINE, REAR. A lot line which is opposite and most distant from the front lot line and, in the case of an irregular or triangular shaped lot, a line ten feet in length within the lot, parallel to and at the maximum distance from the front lot line.
LOT LINE, SIDE. Any lot boundary line not a front lot line or a rear lot line.
LOT, THROUGH. A lot having frontage on two parallel or approximately parallel streets.
LOT WIDTH. The horizontal distance between side lot lines, measured at the required front setback line. If the side property lines are parallel, the shortest distance between these side lines; or if the side property lines are not parallel, the width of the lot shall be the length of a line at right angles to the axis of the lot at a distance equal to the front setback required for the district in which the lot is located. The axis of a lot shall be a line joining the midpoints of the front and rear property lines.
MAINTENANCE. The repair, painting, trimming, pruning, watering and other on-going activities which are associated with providing an attractive site appearance and safe buildings and structures.
MANUFACTURED HOME. See DWELLING, MANUFACTURED HOME.
MANUFACTURED HOME/RV PARK. A site with two or more spaces for the long-term placement of mobile homes and/or manufactured homes, or temporary short-term parking of recreational vehicles which are occupied or intended to be occupied for dwelling or sleeping purposes. Parks shall include required improvements and utilities and may also include accessory services and facilities for the residents.
MANUFACTURING. The systematic manual, mechanical, or chemical transformation of materials or substances into new products with the division of labor. May include parts assembly, the creation of products, and the blending of materials, such as lubricating oils, plastics, resins, or liquors.
MANUFACTURING, HEAVY. An establishment engaged in the manufacture or compounding process of raw materials. Such activities may include the storage of large volumes of highly flammable, toxic matter or explosive materials needed for the manufacturing process. Examples include, but are not limited to: refining or initial processing of raw materials; rolling, drawing, or extruding of metals; asphalt batching plants; sawmills; meat slaughtering or packing house; and manufacture or packaging of cement products, feed, fertilizer, flour, glue, paint, petroleum products, soap, turpentine, varnish, charcoal, or distilled products.
MANUFACTURING, LIGHT. An establishment engaged in the manufacture, predominantly from previously prepared materials, of finished products or parts, including processing, fabrication, assembly, treatment, and packaging of such products, and incidental storage, sales, and distribution of such products, but excluding basic industrial processing. Examples include, but are not limited to: airplane, automobile, or truck assembly, remodeling, or repair; bottling works; brewery or distillery, boat building, machine or blacksmith shops; metalworking or welding shops; paint shops; and printing and publishing shops.
MARIJUANA.
MARIJUANA CULTIVATION SITE. A site that operates as follows:
1. An off-site location where marijuana is cultivated and processed and where marijuana products may be manufactured for a marijuana establishment; or
2. The one additional location where marijuana may be cultivated, infused, or prepared for sale by and for a nonprofit medical marijuana dispensary.
MARIJUANA ESTABLISHMENT. An entity licensed by the Arizona Department of Health Services to operate all of the following:
1. A single retail location at which the licensee may sell marijuana and marijuana products to consumers, cultivate marijuana and manufacture marijuana products.
2. A single off-site cultivation location at which the licensee may cultivate marijuana, process marijuana and manufacture marijuana products, but from which marijuana and marijuana products may not be transferred or sold to consumers.
3. A single off-site location at which the licensee may manufacture marijuana products and package and store marijuana and marijuana products, but from which marijuana and marijuana products may not be transferred or sold to consumers.
MARIJUANA TESTING FACILITY. The Arizona Department of Health Services or another entity that is licensed by the Arizona Department of Health Services to analyze the potency of marijuana and test marijuana for harmful contaminants.
NONPROFIT MEDICAL MARIJUANA DISPENSARY. A non-profit entity as defined in A.R.S. § 36-2801(12).
MICROBREWERY, CRAFT DISTILLERY, OR TASTING ROOM. An establishment with the primary purpose of brewing (beer, cider, or mead) or distilling (alcohol) and/ or the sale, consumption, and wholesale distribution of brewed, fermented, or distilled products produced on site, as well as related merchandise, subject to state licensing requirements.
MINING. The extraction of sand, gravel, or other material from the land in the amount of 400 cubic yards or more and the removal thereof from the site without processing.
MOBILE FOOD VENDING UNIT. Any food establishment that is licensed by the State of Arizona, that is readily moveable and that dispenses food or beverages for immediate service and consumption and other incidental retail items from any vehicle.
MOBILE FOOD VENDOR. Any person who owns, controls, manages or leases a mobile food vending unit or contracts with a person to prepare foods and vend from, drive or operate a mobile food vending unit.
MOBILE HOMES. See DWELLING, MOBILE HOME.
MOBILE OFFICE. A factory-assembled structure or structures exceeding eight feet in width, originally equipped with the necessary service connections, and originally made so as to be readily movable as a unit or units on its (their) own running gear and designed to be used as an office without a permanent foundation, whether or not the running gear has been removed.
MOBILE OUTDOOR VENDOR. Any privately-owned vendor stand, vendor trailer, or any other non-stationary device that is utilized for the purpose of temporarily displaying, exhibiting, carrying, transporting, storing, selling or offering for sale any goods, wares or merchandise. This definition shall not include; very short duration, primarily non-profit uses such as fundraisers, lemonade and Girl Scout cookie stands and accessory outdoor display and sales areas.
MODIFICATION. See ALTERATION.
MOVIE THEATER. An indoor establishment with the primary purpose of showing motion pictures to an audience.
NEW CONSTRUCTION. Structures for which the “start of construction” commenced on or after the effective date of this chapter.
NIGHTCLUB. An establishment that dispenses alcoholic beverages for on-site consumption permitting music, entertainment, and dancing.
NON-CHARTERED FINANCIAL INSTITUTION (CHECK CASHING). A business other than a state or federally chartered bank, credit union, mortgage lender, or savings and loan association that offers check cashing services and loans for payment of a percentage fee. Specifically included are check-cashing businesses that charge a percentage fee for cashing a check or negotiable instrument, payday loan businesses that make loans upon assignments of wages to be received, businesses that provide loans secured by title of a vehicle unless the loan is made for the purpose of purchasing the vehicle, and businesses that function as deferred presentment business. A DEFERRED PRESENTMENT BUSINESS is a business that makes transactions pursuant to a written agreement in which the licensee accepts a check and agrees to hold the check for at least three days before presentment for payment or deposit.
NON-CONFORMING USE. See USE, NON-CONFORMING.
NURSERY, COMMERCIAL. A full-service retail sales establishment which sells plants and landscaping materials that are purchased wholesale from off site. Accessory items can include packaged fertilizer, seed, mulch, and topsoil, as well as other packaged items commonly associated with a retail plant nursery, as long as such items are stored inside of a solid or screened structure. However, the sale or outdoor storage of bulk items, and/or the on-site storage of commercial vehicles or heavy equipment, shall be prohibited.
NURSING HOME. A health care institution licensed by the State of Arizona with individual rooms supported by communal facilities (such as kitchen, dining, living, and recreation) that provides 24-hour medical, convalescent or chronic care to individuals who, by reason of advanced age, chronic illness or infirmity, are unable to care for themselves. Includes rest homes and convalescent hospitals, but excludes assisted living centers and home hospitals or clinics.
OCCUPANT. The person occupying or having custody of a structure or premises as a lessee or other.
OFF-SITE. Not located on the parcel to be developed.
OFF-STREET. Land which is not within the right-of-way of any street or alley.
OFFICE, BUSINESS OR PROFESSIONAL. An establishment that provides executive, management, administrative, or professional services, but not involving the sale of merchandise except as incidental to a permitted use, and not including a medical office or clinic. Typical examples include real estate, insurance, property management, investment, employment, travel, advertising, law, architecture, design, engineering, accounting, broadcasting, call centers, and similar offices.
OFFICES. Structures, or portions of structures, in which commercial activities take place but where goods are not produced, sold, or repaired. These include: banks; general and professional offices; governmental offices; insurance offices; real estate offices; taxicab offices, but not taxi stands; travel agency or transportation ticket offices; telephone exchange; utility offices; radio broadcasting; and similar uses.
OIL AND GAS REFINERY. A facility designed and constructed to remove materials and other constituents or similar substances from oil or gas to allow such natural liquids or gas to be of such quality as is required or appropriate for transmission or distribution to commercial markets.
OPEN SPACE. An area that is intended to provide light and air, and is designed for either environmental, scenic, or recreational purposes. Open space may include, but is not limited to, lawns, decorative planting, walkways, active and passive recreation areas, playgrounds, fountains, swimming pools, wooden areas, and water courses. Open space shall not be deemed to include driveways, parking lots, or other surfaces designed or intended for vehicular travel.
OUTDOOR STORAGE. The exterior storage of recreational vehicles/boats or material including goods, wares, merchandise, commodities, or any other items for keeping, sale, lease, processing, distribution and repair outside of a completely enclosed building for a continuous period longer than 24 hours.
OVERLAY ZONE. A zone superimposed upon an underlying zone which establishes special requirements in addition to, or in lieu of, those of the underlying zone. Development or use of land or structures must conform to the requirements of both zones or the more restrictive of the two, if in conflict.
OWNER. Any person, group of persons, firm or firms, corporation or corporations, or any other legal entity having legal title to or sufficient proprietary interest in the land sought to be developed under these regulations, or their legal representative.
PARAPET. The portion of a building exterior wall projecting above the plate line of the building.
PARCEL. A legal lot, plot, tract, or area of land having fixed boundaries.
PARKING AREA. An open area, other than a street or alley designated for use, or used, as temporary parking of vehicles for public or private use, whether free or for compensation or as an accommodation for clients or customers.
PARKING LOTS AND PARKING STRUCTURES. A stand-alone paved area or structure (with one or more levels partially or fully enclosed) used for the sole purpose of parking motor vehicles, whether free or for compensation. The facility may be above, below, or partially below ground. This use does not include parking areas associated with a permitted use on the same parcel.
PARKING SPACE, OFF-STREET. A space designated for the temporary parking of a motor vehicle not on the right-of-way or alley but accessible from a street or alley.
PARTY WALL. Any wall of a building or structure which is common to two or more buildings.
PAVED. An artificial covering on a street, road, parking lot, driveway, walkway, patio, or other natural surface of the ground composed of a material as specified by the City of El Mirage Engineering Standards or as approved by the City Engineer unless otherwise stated herein.
PERSONS. Includes a human being and, as the context requires, an enterprise, a public or private corporation, an unincorporated association, a partnership, a firm, a society, a government, a governmental authority or an individual or entity capable of holding a legal or beneficial interest in a property.
PLATE LINE. The point at which any part of the main roof structure first touches or bears upon an external wall.
PRIVATE STREET. Real property recorded as improved roadway for pedestrian and motor vehicle traffic, constructed and maintained by private parties.
PROPERTY, PERSONAL. Property, other than real property, consisting of things temporal and movable.
PROPERTY, REAL. Property consisting of buildings and/or land.
PUBLIC SAFETY FACILITY. A government facility with the primary purpose of providing public safety and emergency services including but not limited to fire stations, police stations, emergency medical and ambulatory services and related administrative and training facilities.
RANCHING, COMMERCIAL. A commercial use for the raising, keeping, and sale of agricultural livestock (e.g., horses, cattle, goats, sheep, and the like) on large tracts of land, along with necessary accessory uses such as heavy equipment storage and limited crop production. Allowed ranch uses shall include; grazing livestock; animal husbandry; and the sale of ranch animals. Common agriculture uses such as equine stables for riding, boarding, training, and lessons shall be considered “agriculture, general.” This use does not include intensive animal operation (i.e., dairy, poultry farming, egg farming, pig farming, feed lot, slaughter and the like).
RECREATIONAL VEHICLE. A vehicular type portable structure without permanent foundation, which can be towed, hauled, or driven primarily designed as temporary living accommodation for recreational, camping, and travel use and including but not limited to travel trailers, truck campers, camping trailers, and self-propelled motor homes. Shall also include personal recreational vehicles such as boats, watercraft and off-road vehicles.
RELIGIOUS ASSEMBLY. A facility with the primary purpose of congregation and worship (see A.R.S. § 41-1493). Accessory uses include cultural events, parking, caretaker’s housing, buildings ancillary to a religious function, pastor’s housing, and group living facilities such as convents.
RESEARCH LABORATORY. An establishment or facility for carrying on investigation in the natural, physical, or social sciences, or engineering and development as an extension of investigation with the objective of creating end products.
RESIDENT CARE HOME. Housing for up to ten unrelated persons who live in a dwelling because of disability (see “group care home” for persons without disabilities) and may include staff persons, who may or may not be domiciled in the dwelling, who provide support services, including but not limited to domestic, medical, habilitation, rehabilitation, or other similar services. This definition shall include assisted living homes and sober living homes but shall not include halfway/correctional/sex offender transitional facilities, shelter homes for people at risk or “residential facilities” for the developmentally disabled as specifically defined and provided for in A.R.S. §§ 36-581 and 36-582. A resident care home shall be licensed by the State of Arizona.
RESOURCE EXTRACTION. The extraction of surface or subsurface mineral products or other natural resources, including but not limited to quarries, borrow pits, sand and gravel operations, and mining operations. This process excludes processing the resources extracted.
RESTAURANT. An establishment with the primary purpose of the preparation, consumption, retail sale, and service of food and beverages on the premises or to carry-out. A drive thru may be included as defined and regulated herein.
RETAIL, GENERAL. An establishment that sells or rents goods not specifically listed under another use classification. This classification typically provides goods directly to the consumer, where such goods are available for immediate purchase and removal from the premises by the consumer. Examples include, but are not limited to: pharmacies, jewelry stores, bait shop, bakeries, bookstores, and florists. A drive thru may be included as defined and regulated herein.
RETAIL, LARGE. An establishment that provides goods directly to the consumer, where such goods are available for immediate purchase and removal from the premises by the consumer, and which occupies more than 125,000 square feet of floor area. Examples include, but are not limited to grocery superstores, home improvement stores, apparel shops, appliance stores, electronic stores, department stores, furniture stores, membership-based retail stores, and factory outlet stores.
RETAIL, PAWN SHOP. A business with the primary purpose of advancing money on the security of pledged goods or purchasing tangible personal property on the condition that it may be redeemed or repurchased by the seller for a fixed or variable price within a fixed or variable period.
RETAIL, SMOKE/VAPE SHOP. A cigar shop, hookah lounge, head shop, electronic cigarette or other retail establishment where the primary activity is the sale of tobacco and smoking-related goods/paraphernalia. Smoke/vape shops do not include any individual business establishments that contain tobacco departments/sections that are ancillary to their primary use.
RIGHT-OF-WAY. A public way established or dedicated for public purposes by duly recorded plat, deed, grant, governmental authority, or by operation of the law.
ROOF LINE. The highest point of the main roof structure or the highest point on a parapet but shall not include cupolas, pylons, projections or minor raised portions of the roof.
SCHOOL, PUBLIC OR PRIVATE K-8. Facilities for primary education, including public schools, charter schools, and private institutions (when not conducted as a commercial enterprise for the profit of individual owners or stockholders) having curricula of general academic education consistent with the academic requirements of the State of Arizona, including kindergarten, elementary, and junior high school, including accessory facilities traditionally associated with schools, such as athletic fields, cafeterias, and libraries.
SCHOOL, PUBLIC OR PRIVATE, 9-12. Facilities for secondary high school education, including public schools, charter schools, and private institutions (when not conducted as a commercial enterprise for the profit of individual owners or stockholders) having curricula of general academic education consistent with the academic requirements of the State of Arizona. This includes accessory facilities traditionally associated with schools, such as athletic fields, cafeterias, and libraries.
SCREENING. A solid or nearly solid barrier (i.e., wall, fence, plantings) constructed or installed for the purpose of visual separation.
SCREENING WALL. A solid wall designed and constructed so as to conceal areas used for refuse, mechanical equipment, parking, and service and loading bays from street and public view, and to separate potential incompatible land uses.
SELF-STORAGE, INDOOR. A building or group of buildings with controlled access, fenced or screened, that contains varying sizes of individual, compartmentalized, and controlled access garages, stalls, or lockers for the storage of customers’ goods or wares. This use does not include outdoor storage nor boat or recreational vehicle storage of any kind.
SETBACK. The required minimum horizontal distance between the nearest plane of a building and the street right-of-way line or related front, side, or rear lot line.
SETBACK LINE. That line that is the required minimum distance from the street right-of-way line or any other lot line that establishes the area within which the principal structure must be placed.
SEWER, PUBLIC. Any sanitary sewer line owned and maintained by the city, whether or not installed by the city.
SEWER SYSTEM, COMMUNITY. Any sanitary sewer system, whether treatment plant, septic tank, or lagoon, designed with a sewer collection system to be used by a legally-constituted association of property owners. The system may or may not be a public system.
SHOPPING CENTER. Any grouping of two or more retail uses, whether on a single lot or on abutting lots under multiple or single ownership and whether contained in one building or multiple buildings. Any center with a single or combined use that occupies more than 125,000 square feet of floor area shall be considered “retail, large” as defined herein.
SIGN. Any visual element, or combination of elements, including words or symbols, designed or placed to attract attention or convey information, including any device providing identification, advertising or directional information for a specific business, service, product, person, organization, place, or building, including graphic devices such as logos, obtrusive colored fascia or architectural elements, banners, balloons, streamers, inflatable structures, exterior merchandise displays, projected picture signs, holographic projection signs and other attention attracting media and devices.
SIGN, A-FRAME. A temporary sign, normally supported by its own frame and not affixed to a structure or permanently ground mounted. It is positioned upright in a manner that forms an “A” when in use; also referred to as a “sandwich” or “tent” sign.
SIGN, ABANDONED. Any sign located on a property or premises which is vacant and unoccupied for a period of three months, or a sign which is damaged, in disrepair, or vandalized and not repaired within 30 days of the date of the damaging event.
SIGN, ADVERTISING. A temporary or permanent sign which includes any copy and/or graphics relating to any business, service, product, person, organization, place, or building in addition to simple identification.
SIGN, ALTERATION. Any change in architecture, structure, or copy of an existing sign.
SIGN, ANIMATED. A permanent sign with actual motion, including light changes or color changes, or the illusion of motion.
SIGN, ATTACHED OR WALL MOUNTED. A permanent sign that is directly attached to the facade or face of a building.
SIGN, AWNING/CANOPY. A permanent sign displayed on, or attached flat against, the surface or surfaces of an awning, canopy or any other surface attached to a building that provides shelter.
SIGN, BANNER. A temporary sign made of fabric, plastic, or other pliable material without a rigid structural support or internal illumination on which advertising copy or graphics may be displayed to promote a business or event. This definition shall not include promotional signs as defined herein.
SIGN, BILLBOARD. See SIGN, OFF-PREMISE.
SIGN, BUILDING MOUNTED. Any sign mounted onto the vertical surface of a building; see SIGN, WALL.
SIGN, BUSINESS. A permanent sign that directs attention to a business or profession or to a commodity or service sold, offered or manufactured or to an entertainment offered on the premises where the sign is located.
SIGN CABINET. An enclosed frame constructed to hold internal components and covered by a face to hold the advertising sign.
SIGN, CANOPY. See SIGN, AWNING/CANOPY.
SIGN, CHANGEABLE COPY. A permanent sign constructed to hold individual letters or individual text sections that are mounted in or on a track system. Changeable copy signs are usually used as directory signs.
SIGN, CONSTRUCTION. A temporary sign erected on the premises where construction is taking place during the period of such construction indicating the names of the architects, engineers, landscape architects, contractors or similar artisans and the owner, financial supporter, sponsors and similar individuals or firms having a role or interest with respect to the structure or project.
SIGN COPY. The letters, words, or graphics used to convey information on the sign.
SIGN, DIRECTIONAL. A sign, supplying pertinent maneuvering guidance for the purpose of promoting safety and the flow of vehicular or pedestrian traffic (i.e., “one way”, entrance”, “exit”, and the like).
SIGN, DIRECTORY. A sign listing the names and/or uses, and/or locations of the various tenants or activities within a building, or in a multi-tenant development, or group of buildings. Directory signs may also be constructed as changeable copy signs.
SIGN, ELECTRONIC MESSAGE CENTER. A permanent sign that uses computer-generated or electronic components to change advertising copy, messages or color, including signs that flip or rotate.
SIGN, EXTERNALLY ILLUMINATED. A permanent or temporary sign exposed to external artificial lighting (and shielded to prevent light spillage).
SIGN FACE. The area or display surface used for the message.
SIGN, FASCIA. A sign that is permanently affixed to the horizontal member or surface at the edge of a projecting roof.
SIGN, FLASHING. A permanent sign with an intermittent, repetitive or flashing light source.
SIGN, FREESTANDING/MONUMENT. A permanent sign that has its own supporting structure independent of the building or business it identifies.
SIGN, GAS FILLED. Any sign that uses neon, argon, krypton or any similar gas to illuminate transparent or translucent tubing or other materials, or any use of neon, argon, krypton or any similar gas lighting on or near the exterior of a building or window.
SIGN, GROUND MOUNTED. A freestanding sign with no visible base.
SIGN, HOLIDAY DECORATION. A temporary sign in the form of decorations and/or window painting that are clearly incidental to and customarily and commonly associated with any national, state, local or religious holiday.
SIGN, IDENTIFICATION. A sign that contains only the name of the business, street address, person, organization, place, or building at that location.
SIGN, ILLUMINATED. A permanent sign, that is lighted, either externally or internally.
SIGN, INTERNALLY ILLUMINATED. A sign constructed with a light source within the sign structure and positioned behind the face of the sign.
SIGN, LEGAL NON-CONFORMING. Any permanent sign in existence or under construction, as of the effective date of this chapter, which does not conform to the provisions of this chapter but which was or is being constructed, erected or maintained in compliance with all previous regulations.
SIGN, LOGO. A graphic symbol representing a business, activity, or use.
SIGN MAINTENANCE. The replacing or repairing of a part or portion of a sign necessitated by ordinary wear, tear, or damage beyond the control of the owner.
SIGN, MANSARD. A sign permanently affixed to a wall or surface not more than 20 degrees from vertical at the upper edge of a building and extending parallel with the mansard roof line or parapet upon which the sign is attached. Any sign proposed for a building with a mansard roof shall have the top of the sign mounted no higher than the lowest point of any portion of the roofline.
SIGN, MENU BOARD. A permanent sign with a changeable face oriented to the drive-through lane of a business that advertises the menu items or services available from the drive-through window.
SIGN, MULTIPLE TENANT COMPLEX/BUILDING. A permanent sign for a building complex or center that contains any number of businesses, greater than one, that share the same site and use common points of vehicular ingress and egress to and from the site.
SIGN, MURAL. A graphic depiction painted on a section of wall which contains no written advertising.
SIGN, NAMEPLATE. A permanent sign that may include street number and name, business hours, and business logo.
SIGN, NONCOMMERCIAL. A sign which does not contain information or advertising for any business, commodity, service, entertainment, or product.
SIGN, NON-CONFORMING. A sign lawfully erected and maintained prior to the adoption of this chapter which does not conform with the requirements of this chapter.
SIGN, OFF-SITE/OFF-PREMISE. Any permanent or temporary sign that may display a message, whether commercial or noncommercial, that may not necessarily relate to the premises upon which the sign is located.
SIGN, ON-SITE/ON-PREMISE. Any permanent or temporary sign which pertains to the business operated, activity conducted or products sold or manufactured on the premises upon which the sign is located; or which displays a noncommercial message installed or caused to be installed only by the property owner and/or lessee of the property upon which the sign is located.
SIGN PANEL. The area enclosing the copy and graphic components of a sign.
SIGN, PARAPET. A sign mounted to the face of a building parapet.
SIGN, PERMANENT. Any sign set in the ground with its own foundation or which is painted on or otherwise anchored to a building, wall or other permanent structure and any of which are installed to achieve a lasting and enduring condition and location.
SIGN, POLITICAL. A temporary sign that identifies a person, expresses a position, conveys a message concerning, or advocates a position on, the candidacy of a person, party or issue on an upcoming ballot.
SIGN, PORTABLE. Any sign not affixed to a structure or the ground.
SIGN, PROJECTING. A sign attached to a building or other structure and extending in whole or in part more than 14 inches beyond the building.
SIGN, PROMOTIONAL. Any temporary sign used to advertise special sales, new products or services, or promotions, for a business and may include swooper signs, pennants, balloons, streamers, flags, inflatable structures, character or product likenesses, and other non-merchandise displays. This definition shall not include banner signs as defined herein.
SIGN, PUBLIC. A sign erected by or on behalf of a governmental body to post legal notices, identify public property, convey public information, direct or regulate pedestrian or vehicular traffic.
SIGN, READER/SIGN BOARD. A permanent, non-electronic sign only for public facility land uses that conveys schedules of events, rules, regulations, announcements, or similar messages.
SIGN, ROOF. Any sign affixed on, above or over the roof of a building so that it projects above the roofline is prohibited. The top of a parapet wall shall be considered the roofline. The vertical portion of a mansard roof shall be considered the roofline. The top of the fascia of a hipped roof shall be considered the roofline. Where a parapet wall is combined with a mansard roof, the roofline shall be the top of the parapet.
SIGN, SANDWICH. See SIGN, A-FRAME.
SIGN, SPHERICAL. A permanent sign that is three-dimensional and embodies imagery of a symbol (i.e., book, shoe, glasses, and the like) that assists in advertising a downtown business.
SIGN, STREET ADDRESS/NUMBER. A permanent sign located on.site, consisting of numerals and letters identifying a property address.
SIGN STRUCTURE. The supports and framework of the sign.
SIGN, SWOOPER. A feather-shaped fabric sign attached to a curved frame. Also referred to as a blade sign.
SIGN, TEMPORARY. A sign intended to display either commercial or non-commercial messages of a transitory or temporary nature. Portable signs, any sign not permanently embedded in the ground, or signs affixed to a building, wall, fence, or sign structure for a non-permanent time period, are considered temporary signs. A banner, pennant, flag, poster, balloon, construction sign, political sign or an A-frame sign shall be considered a temporary sign.
SIGN, TWO-PART. A permanent sign composed of two sign panels, at an angle equal to or more than 45 degrees, whose aggregate sign area shall be computed from the total of both panels.
SIGN WALKER. A person, who wears, holds or balances a portable sign.
SIGN, WALL. A sign mounted flat against and projecting less than 14 inches from, or painted on the wall of a building or structure with the exposed face of the sign in a plane parallel to the face of the wall, but not including window signs.
SIGN, WEEKEND DIRECTIONAL. A temporary sign typically placed on weekends within the right-of-way that is designed for providing direction and/or orientation for pedestrian or vehicular traffic.
SIGN, WINDOW PERMANENT. Any permanent sign, pictures, symbols or combination thereof, designed to communicate information about an activity, business, commodity, event, sale or service that is affixed to, or located within any area six feet behind a window pane, positioned to be read from the exterior of a building.
SIGN, WINDOW TEMPORARY. Any temporary sign, pictures, symbols or combination thereof, designed to communicate information about an activity, business, commodity, event, sale or service that is painted to a window pane.
SIGN, YARD. Small placard-type signs that are typically associated with, but not limited to, the advertisement of real estate, political campaigns, and meeting or event announcements.
SITE PLAN. A drawing to a scale not less than one-inch equals 100 feet showing the accurate location of all structures, streets, alleys, and parking areas existing and proposed on subject property or any other information as may be required by this chapter.
SOBER LIVING HOME. Any premises, place or building that provides alcohol-free or drug-free housing, promotes independent living and life skill development and provides structured activities that are directed primarily toward recovery from substance use disorders in a supervised setting to a group of unrelated individuals who are recovering from drug or alcohol addiction and who are receiving outpatient behavioral health services for substance abuse or addiction treatment while living in the home. This does not include a private residence in which a related family member is required to receive outpatient behavioral health services for substance abuse or addiction treatment as a condition of continuing to reside in the family dwelling.
SOLAR GENERATION FACILITY. An electrical energy generation plant comprised of one or more freestanding, ground-mounted devices that capture solar energy and convert it to electrical energy for use by an off-site electric utility provider. Solar generation stations typically utilize photovoltaic solar cells, but they can also be combinations of light reflectors, concentrators, and heat exchangers. A solar generation station is also known as a solar plant, solar generation plant, solar farm, concentrated solar power plant, solar power plant, or solar thermal power plant (if non-photovoltaic).
STABLE. A building, usually consisting of multiple stalls, for the lodging of horses or other livestock.
START OF CONSTRUCTION. The first placement of permanent construction of a structure (other than a mobile home) on a site, such as the pouring of slabs or footings or any work beyond the stage of excavation. Permanent construction does not include land preparation, such as clearing, grading, and filling, nor does it include the installation of streets and/or walkways; nor does it include excavation for a basement, footings, piers, or foundations or the erection of temporary forms; nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not as part of the main structure.
(a) For a structure (other than a mobile home) without a basement or poured footings, the START OF CONSTRUCTION includes the first permanent framing or assembly of the structure or any part thereof on its piling or foundation.
(b) For mobile homes not within a mobile home park or mobile home subdivision, START OF CONSTRUCTION means the affixing of the mobile home to its permanent site. For mobile homes within mobile home parks or mobile home subdivisions, START OF CONSTRUCTION is the date on which the construction of facilities, for servicing the site on which the mobile home is to be affixed (including, at a minimum, the construction of streets, either final site grading or the pouring of concrete pads, and installation of utilities) is completed.
STREET. A right-of-way, other than an alley, dedicated or otherwise legally established for public use, usually affording the principal means of access to abutting property.
STREET, ARTERIAL. A major or minor street with access control, signals at important intersections, and stop signs on the side streets and restricted parking designed to primarily distribute traffic.
STREET, COLLECTOR. A street which carries (collects) traffic from local streets and connects with minor or major arterial streets.
STREET, LOCAL. A street designed to provide vehicular access to abutting properties and to discourage through traffic.
STREET FRONTAGE. Any property line separating a lot from a street; the front lot line.
STREET, PUBLIC. Any street which has been dedicated or is otherwise publicly owned by the city.
STRUCTURAL ALTERATION. Any change in the supporting members of a building, such as bearing walls or partitions, columns, beams, or girders, or any change in the exterior walls or the roof.
STRUCTURE. Anything constructed or erected which requires location on the ground.
SUBSTANTIAL IMPROVEMENT.
(a) Any repair, reconstruction, or improvement of a structure, the cost of which equals or exceeds 50% of the market value of the structure either:
1. Before the improvement or repair is started; or
2. If the structure has been damaged and is being restored, before the damage occurred.
(b) For the purpose of this definition SUBSTANTIAL IMPROVEMENT is considered to occur when the first alteration of any wall, ceiling, floor, or other structural part of the building commences, whether or not the alteration affects the external dimensions of the structure. The term does not, however, include either:
1. Any project for improvement of a structure to comply with existing state or local health, sanitary, or safety code specifications which are solely necessary to assure safe living conditions; or
2. Any alteration of a structure listed on the National Register of Historic Places.
TATTOO PARLOR AND PIERCING SALON. A business that provides services including tattooing (marking the skin with any indelible design, letter, scroll, figure, symbol or any other mark that is placed by the aid of needles or other instruments upon or under the skin with any substance that will leave color under the skin and that cannot be removed, repaired or reconstructed without a surgical procedure) and/or piercing (the practice of puncturing or cutting a part of the human body, creating an opening in which jewelry may be worn, or where an implant could be inserted).
TEMPORARY USE OR BUILDING. A use or structure permitted under this chapter to exist for a limited period of up to four months or at the discretion of the Zoning Administrator, unless otherwise stated within this chapter.
TRAILER. A device designed for transportation on its own wheels and drawn by another vehicle and designed for the purpose of transportation of items.
TRANSPORTATION TERMINAL. A facility intended for the use of buses or trains to stop and load/ unload passengers. Passengers may also purchase tickets and concessions at the facility.
TRAVEL PLAZA/TRUCK STOP. A facility whose primary purpose is to provide service and maintenance to commercial trucks and tractor-trailers, including bays for truck washing and fuel dispensing, but excluding the overhaul of large commercial trucks or engines. A travel plaza may also include overnight accommodations and restaurant facilities primarily for the use of truck crews. Other facilities may also be present, such as convenience markets and restaurants.
TURF FACILITY. A land area of five acres or more of continuous turf or grass that is not agricultural use.
USE. The employment or occupation of a building, structure, or land for a person’s service, benefit, or enjoyment.
USE, ACCESSORY. See ACCESSORY BUILDING OR USE.
USE, CONDITIONALLY PERMITTED. Either a public or private use as listed herein which, because of its unique characteristics, cannot be properly classified as an otherwise permitted use in a particular district. After consideration, in each case, of the impact of the use upon neighboring land and of the public need for the particular use at the particular location, a permit for the conditional use may or may not be granted, subject to all conditions specifically listed in this chapter for any particular conditional use and any other reasonable condition or conditions established by the Planning and Zoning Commission, including time limits, pursuant to the requirements of this chapter. A CONDITIONAL USE may be a principal use or an accessory use.
USE, NON-CONFORMING. An existing use of land or building which was legal prior to the effective date of this chapter but which fails to comply with the requirements set forth in this chapter applicable to the zone in which the use is located.
USE, PERMITTED. A use which is lawfully established in a particular district or districts and which conforms with all requirements, regulations, and performance standards of the district. A PERMITTED USE may be a principal use or an accessory use.
USE, PRINCIPAL. A use or structure which determines the predominant or major use of the lot on which it is located. A PRINCIPAL USE may be either a permitted or a conditional use.
USE, TEMPORARY. A use established for a fixed period of time with the intent to discontinue the use upon the expiration of the time period.
UTILITY FACILITY, MINOR. A service that is necessary to support development within the immediate vicinity and that involves only minor structures. Employees typically are not located at the site on an ongoing basis. Examples include, but are not limited to: electric transformer stations; gas regulator stations; telephone exchange buildings; well, water, and sewer pumping stations; water storage tanks; and water pressure regulating stations.
UTILITY FACILITY AND SERVICE YARD, MAJOR. A service of a regional nature that normally entails the periodic construction/expansion of buildings or structures, and that typically has employees on the site on an ongoing basis. Examples include, but are not limited to wastewater treatment plants, water treatment plants, reservoirs, power plants, and accessory maintenance yards.
VACATION HOME RENTALS. Vacation home rentals are limited to individually or collectively owned single-family or one-to-four-family house or dwelling units or any unit or group of units in a condominium, cooperative or timeshare, that is also a transient public lodging establishment or owner-occupied residential home offered for transient use if the accommodations are not classified for property taxation under A.R.S. § 42-12001. Use of any other unit, dwelling or group of units or dwellings as a vacation rental or short-term rental is prohibited. Vacation rentals do not include a unit that is used for any nonresidential use, including retail, restaurant, banquet space, event center or other similar use.
VARIANCE. A modification or variation of the provisions of this chapter as applied to a specific piece of property. Dimensional variances only may be allowed; no variance regarding use of property shall be permitted; no variance decreasing lot area requirements shall be allowed. VARIANCE may be permitted only by the Board of Adjustment.
VARIANCE, DIMENSIONAL. Departure from the terms of the zoning regulations pertaining to height or width of structures and size of yard and open spaces where the departure will not be contrary to the public interest and where, owing to conditions peculiar to the property because of its size, shape, or topography, and not as a result of the action of the applicant, the literal enforcement of the zoning regulations would result in unnecessary and undue hardship.
VEHICLE. Every device by which any person or property is or may be transported or drawn; including but not limited to automobiles, motor homes, travel trailers, utility trailers, or watercraft. Devices moved by human power or used exclusively upon stationary rails or tracks are exempt.
VEHICLE, COMMERCIAL. Any vehicle currently registered as such with the state Department of Motor Vehicles or equivalent out-of-state or federal agency or any vehicle used primarily in the conduct of a business as opposed to private family or individual use.
VEHICLE, INOPERATIVE. Any vehicle which is partially or wholly dismantled, discarded, or wrecked; or on blocks, stands, or similar devices; or stripped or scrapped; or cannot be physically operated due to mechanical disassembly, deflated tire or tires, or other reasons that may include an expired license plate or the absence of a license affixed or assigned thereto.
VEHICLE, PARKING. A defined area used for the placement of vehicles for limited periods of time.
VEHICLE, PERSONAL. A passenger vehicle that is owned or leased by an individual.
VEHICLE, STORAGE. For the purposes of this chapter, references to vehicle storage shall not be determined based solely on duration, but rather on the negative effects commonly associated with prolonged parking and/or abandonment. A vehicle shall be deemed stored if any of the following effects exist: after five consecutive days the vehicle has not been moved a minimum of 20 feet, accumulation of spiderwebs, dirt and debris, flat tires, damaged or missing body parts, or broken or unusable windows. Vehicles placed on blocks or similar devices where all or part of the vehicle is not touching the ground shall be considered inoperable.
VEHICLE ACCESS (RV) GATE. A point of access through a block wall, fence or barrier from the front or side yard to the back yard with an opening with a minimum width of eight feet or more.
WALL. An artificially constructed barrier of solid stucco, masonry, rock or concrete material erected to enclose or screen areas of land.
WASTE FACILITY. A facility primarily engaged in the storage, transfer, or transformation of waste from households, businesses, and industries. Includes landfill, transfer station, and recycling facilities.
LANDFILL. A planned and approved method or system of solid waste disposal in which the solid waste is disposed or buried in thin layers, compacted by earth or other approved methods. Disposal of liquid waste or chemicals, or other potentially toxic substances is not permitted.
TRANSFER STATION. A facility or site where solid waste from households, businesses, and industries is transferred from one type of collection vehicle or container to another. Transfer activities occur entirely within covered structures. A TRANSFER STATION is an intermediary point between the locations of waste generation and the sites of ultimate processing or disposal. This term does not include liquid waste transfer, hazardous or toxic waste disposal, solid waste disposal, or liquid waste recycling or refining activities.
RECYCLING. The collection of materials that would otherwise occupy landfills and processing them into new or reusable products.
RECYCLING FACILITIES. A public or private facility designed for the conversion of waste into reusable materials. May include plastics, glass, paper, metal, hazardous materials and fluids and the like. May be located independently or attached to a transfer station or landfill.
WATCHMAN’S QUARTERS. A dwelling unit that is attached to or detached from a principal nonresidential building that may be used as a permanent residence for employees of businesses or property owners when their presence is required for security purposes by the employer 24 hours a day.
WHOLESALE ESTABLISHMENT. An establishment primarily engaged in the sale or distribution of goods and materials in large quantity to retailers or other businesses for resale to the general public or business customers, and limited retail uses when directly associated with the wholesale use. This term shall not include heavy manufacturing, resource extraction, bulk storage of hazardous materials, or scrap or salvage operations. Wholesale uses that sale to the general public, including membership-based uses, shall be considered retail, large.
WIRELESS FACILITY. A facility used for the transmission and/or reception of wireless communication services, usually consisting of antennas, microwave dishes, and similar structures. Supporting equipment includes buildings, shelters, cabinets, towers, electrical equipment, parking areas, and other accessory development. Specific use types include, but are not limited to:
ALTERNATIVE DESIGN TOWER. Artificial trees, clock towers, and similar non-traditional structures that are compatible with the existing setting or structures and camouflage or partially conceal the presence of antennas or towers. This includes any antenna or antenna array attached to the alternative design structure.
ALTERNATIVE TOWER STRUCTURE. Ball field light poles, street lights, electric utility poles, water towers, and similar existing structures. This includes any antenna or antenna array attached to the alternative tower structure.
ANTENNA. The surface from which wireless radio signals are sent from and received by a wireless communication facility. ANTENNA includes whip antenna, panel antenna, and dish antenna. Any ANTENNA not specifically described herein shall be regulated in conformity with the type of antenna described herein which most closely resembles the antenna.
1. Whip antenna is a long and thin device that transmits and/or receives radio frequency signals in a 360-degree radial pattern. Typical size is two to six inches in diameter and one foot to 18 feet in height.
2. Panel antenna is a relatively flat rectangle device that transmits and/or receives radio frequency signals in a directional pattern of less than 360 degrees. Typical size is four feet to five feet high, six inches to 12 inches wide, and six inches to eight inches deep.
3. Dish antenna is a bowl-shaped device for the reception and/or transmission of radio frequency communication signals in a specific directional pattern. Typical size is four feet to six feet in diameter, and one foot to three feet deep.
ANTENNA ARRAY. One or more whip, panel, or dish antennas used for the transmission or reception of radio frequency signals. The ANTENNA ARRAY does not include the support structure.
BROADCASTING OR RECORDING STUDIO (NO TOWER). A building or portion of a building used as a place for radio or television broadcasting or recording but without a transmission tower.
BUILDING-MOUNTED ANTENNA. Any antenna that is attached to the wall of, or integrated into, buildings, religious assembly steeples, cooling towers, elevator bulkheads, parapets, or penthouses.
COLLOCATE or COLLOCATION. To install, mount, maintain, modify, operate or replace wireless facilities on. within or adjacent to a wireless support structure or utility pole.
EQUIPMENT SHELTER. A cabinet or building located at the base of or near a wireless communication facility within which are housed, among other things, batteries and electrical equipment. This equipment is connected to the antenna by cable.
MONOPOLE. A tower used exclusively for wireless communication that is self-supporting with a single shaft of steel, concrete, or wood.
MOUNT. The ground, base pad, or the structure to which a wireless communication facility is attached.
PRE-EXISTING WIRELESS COMMUNICATION FACILITY. Any tower or antenna for which a building permit or special use permit has been properly issued prior to the effective date of this chapter, including permitted towers or antennas that have not yet been constructed so long as the approval is current and not expired.
POLE. The term POLE shall be used interchangeably with the term MONOPOLE.
ROOFTOP MOUNTED ANTENNA. An antenna that is located on top of roof and is not a wall-mount or an alternative design structure.
SATELLITE EARTH STATION. A device consisting of an antenna and reflector, having any dimension of more than five feet, and is a solid or open mesh configured structure used for reception or transmission of radio energy to or from an earth orbit satellite or celestial body.
SMALL WIRELESS FACILITY. A wireless facility that meets both of the following qualifications:
1. All antennas are located inside an enclosure of not more than six cubic feet in volume or. in the case of an antenna that has exposed elements, the antenna and all of the antenna’s exposed elements could fit within an imaginary enclosure of not more than six cubic feet in volume.
2. All other wireless equipment associated with the facility is cumulatively not more than 28 cubic feet in volume if the equipment is mounted on the utility pole or wireless support structure, or 50 cubic feet in volume if the equipment is ground mounted, the following types of associated ancillary equipment are not included in the calculation of equipment volume pursuant to this subdivision:
a. An electric meter.
b. Concealment elements.
c. A telecommunications demarcation box.
d. Grounding equipment.
e. A power transfer switch.
f. A cut-off switch.
g. Vertical cable runs for the connection of power and other services.
STRUCTURE. Anything constructed or erected, which requires location on the ground or attached to something having location on the ground.
TOWER. A structure consisting of more than a single shaft of steel or concrete used to elevate an antenna for wireless communication or broadcasting.
TOWER HEIGHT. When referring to a tower or alternative structure, the distance measured from the finished grade of the parcel to the highest point on the other structure including the base pad.
TRANSMITTING STATION (NO TOWER). Any facility utilized for the transmission of broadcast information but without a transmission tower. This use includes wireless communication facilities without towers.
YARD. A space on the same lot with a principal building, which is open and unoccupied other than by steps, walks, terraces, driveways, lamp posts, and similar structures, and unobstructed by structures, except as otherwise provided in this chapter.
YARD, FRONT. An open space extending the full width of the lot between the front lot line and the front planes of the building projected to the side lot lines.
YARD, REAR. An open space extending the full width of the lot between the rear lot line and the rear planes of the building projected to the side lot lines, or, for corner lots where a privacy wall or fence exists between the building and the side lot line, projected to the privacy wall or fence.
YARD, SIDE. An open space between the side lot line, and the side planes of the building and extending from the front yard to the rear yard.
ZONING DISTRICT. A designated area in which the same zoning regulations apply throughout a delineated geographic area.
(Res. R22-05-08, passed 5-3-2022; Ord. O22-05-02, passed 5-3-2022)