§ 155.005 DEFINITIONS.

   (A)   Construction of terms; usage.

      (1)   For the purpose of these regulations, certain numbers, abbreviations, terms, and words used herein shall be used, interpreted, and defined as set forth in this section.

      (2)   Unless the context clearly indicates to the contrary, words used in the present tense include the future tense; words used in the plural number include the singular; the word HEREIN means in.

      (3)   A PERSON includes a corporation, a partnership, and an incorporated association of persons such as a club; SHALL is always mandatory; a BUILDING includes a structure; a BUILDING or STRUCTURE includes any part thereof; 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.”

      (4)   Except as specifically defined herein or, if not defined herein but defined in the Zoning Ordinance (Chapter 154 of this code), all words in this chapter shall have their customary dictionary definition.

(Prior Code, § 15-2-1)

   (B)   Definitions. For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

      ALLEY. A public or private right-of-way primarily designed to serve as secondary access to the side or rear of those properties whose principal frontage is on some other street.

      APPLICANT. The owner of land proposed to be subdivided, or his or her representative.

      BLOCK. A tract of land bounded by streets, or by a combination of streets and public parks, cemeteries, railroad rights-of-way, or boundary lines of the municipality.

      BOND. Any form of security including a cash deposit, surety bond, collateral, property, or instrument of credit in an amount and form satisfactory to the City Council

      BUILDING. Any structure built for support, shelter, or enclosure of persons, animals, chattels, or movable property of any kind, and includes any structure.

      CAPITAL IMPROVEMENTS PROGRAM. A proposed schedule of all future municipal improvement projects listed in order of construction priority together with cost estimates and the anticipated means of financing each project.

      COMMISSION. The Planning and Zoning Commission of the city. Also referred to as PLANNING AND ZONING COMMISSION or PLANNING COMMISSION.

      CONSTRUCTION PLAN. The maps or drawings accompanying a subdivision plat and showing the specific location and design of improvements to be installed in the subdivision in accordance with the requirements of the city as a condition of the approval of the plat.

      COUNCIL. The CITY COUNCIL of the City of El Mirage. Also referred to as the GOVERNING BODY.

      CUL-DE-SAC. A local street with only one outlet and having an appropriate terminus for the safe and convenient reversal of traffic movement.

      DEVELOPER. The owner of land proposed to be subdivided, or his or her representative.

      EASEMENT. Authorization by a property owner for the use by another, and for specific purpose, of any designated part of his or her property.

      ENGINEER, CITY. The PROFESSIONAL ENGINEER engaged by the city.

      ESCROW. A deposit of cash with the local government in lieu of an amount required and still in force on a performance or maintenance bond.

      FINAL PLAT. The map or plan or a record of a subdivision and any accompanying material, as described in these regulations.

      FRONTAGE. That side of a lot abutting on a street or way and ordinarily regarded as the front of the lot, but it shall not be considered what would be the side of a corner lot.

      GENERAL PLAN. The document (El Mirage General Plan), or part thereof, officially adopted by the City Council which provides for the development of the city and which indicates the general locations recommended for major roadways, parks, public utilities and buildings, and land uses.

       GRADE. The slope of a road, street, or other public way, specified in percentage terms.

      LOT. A piece, parcel, plot, tract, or area of land separated from other pieces, parcels, plots, tracts, or areas by description, as in subdivision or on a record survey map or by metes and bounds, for purposes of sale, lease, or separate use.

      LOT IMPROVEMENT. Any building, structure, place, work of art, or other object, or improvement of the land on which they are situated constituting a physical betterment of real property.

      MODEL HOME. A dwelling unit used initially for display purposes which typifies the units that will be constructed in a subdivision.

       MUNICIPALITY. The City of El Mirage, as incorporated by state law.

       NONRESIDENTIAL SUBDIVISION. A subdivision whose intended use is other than residential, such as commercial or industrial.

      OFF-SITE. Any premises not located within the area of the property to be subdivided, whether or not in the same ownership of the applicant for subdivision approval.

      ORDINANCE. Any legislative action, however denominated, of a local government which has the force of law, including any amendment or repeal of any ordinance.

      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 subdivided under these regulations.

      PERIMETER STREET. Any existing street to which the parcel of land to be subdivided abuts on only one side.

      PLANNING DIRECTOR. The individual charged by the governing body to administer this chapter.

      PLAT. A map, chart, survey, plan, or replat certified by a licensed, registered land surveyor containing a description of the subdivided land with ties to permanent monuments.

      PRELIMINARY PLAT. The preliminary drawing or drawings, described in this chapter, indicating the proposed manner of layout of the subdivision.

      PROTECTIVE COVENANT. The term PROTECTIVE COVENANT shall mean a restriction on the use of private property within a subdivision for the purpose of providing mutual protection against undesirable aspects of development. PROTECTIVE COVENANTS regulating the use of land represent an express agreement between the subdivider and the lot purchasers. Also referred to as COVENANTS, CONDITIONS AND RESTRICTIONS or CCRs.

      PUBLIC IMPROVEMENT. Any drainage ditch, roadway, parkway, sidewalk, pedestrian way, trees, lawn, off-street parking area, lot of improvement, or other facility for which the city may ultimately assume the responsibility for maintenance and operation, or which may effect an improvement where the responsibility rests with the city.

      REGISTERED ARCHITECT. An architect registered in the State of Arizona.

      REGISTERED ENGINEER. An engineer registered in the State of Arizona.

      RESUBDIVISION. A change in a map of an approved or recorded subdivision plat, if the change affects any street layout on the map or area reserved thereon for public use, or any lot line; or if it affects any map or plan legally recorded prior to the adoption of any regulations controlling subdivisions.

      RIGHT-OF-WAY. A strip of land occupied or intended to be occupied by a street, crosswalk, railroad, road, electric transmission line, oil or gas pipeline, water main, sanitary or storm sewer main, trees, or for another special use.

      ROADWAY. That portion of a street right-of-way intended for driving or parking.

      SALE or LEASE. Any immediate or future transfer of ownership, or any possessory interest in land, including contract of sale, lease, intestate succession, or transfer of an interest in a subdivision or part thereof, whether by metes and bounds, deed, contract, plat, map, lease, intestate succession, or other written instrument.

      SKETCH PLAT. A sketch preparatory to the preparation of the preliminary plat (or final plat when deemed appropriate) to enable the subdivider to save time and expense in reaching general agreement with the Planning and Zoning Commission as to the form of the plat and the objectives of these regulations.

      STREET. A general term used to describe a paved right-of-way, municipally or privately owned, serving as a means of vehicular travel. STREETS are classified by function as follows:

         (a)   LOCAL STREET. A STREET intended to serve and provide access exclusively to the properties abutting thereon, and not connecting with other streets in such a manner as to encourage through traffic.

         (b)   COLLECTOR STREET. A STREET connecting local residential streets to each other, to community facilities, and to principal, major, or minor arterial streets.

         (c)   PRINCIPAL, MAJOR, and MINOR ARTERIAL STREETS.  STREETS designed to carry large amounts of traffic across or through the city and designated as such by the General Plan.

         (d)   SERVICE STREET. A STREET running parallel to a freeway, expressway, or other roadway, and serving abutting properties. Also called FRONTAGE ROAD.

      STREET, DEAD-END. A STREET or portion of a street with only one vehicular-traffic outlet.

      SUBDIVIDE. The act of dividing land into two or more parts by platting, or by metes and bounds description, into tracts of less than 36 acres in any one calendar year, for the purpose of:

         (a)   Sale for building purposes;

         (b)   Laying out a municipality or any part thereof;

         (c)   Adding to a municipality;

         (d)   Laying out suburban lots; or

         (e)   Resubdivision.

      SUBDIVIDER. Any person who:

         (a)   Having an interest in land, causes it, directly or indirectly, to be divided into a subdivision; or

         (b)   Directly or indirectly, sells, leases, or develops, or offers to sell, lease, or develop, or advertises for sale, lease or development, any interest, lot, parcel, site, unit, or plat in a subdivision; or

         (c)   Engaging directly or through an agent in the business of selling, leasing, developing, or offering for sale, lease, or development a subdivision or any interest, lot, parcel site, or plat in a subdivision; and

         (d)   Is directly or indirectly controlled by, or under direct, or indirect common control with any of the foregoing.

      SUBDIVISION. Any land, vacant or improved, which is divided or proposed to be divided into four or more lots, parcels, sites, units, plots, or interests or, if a new street is involved, any such property which is divided into two or more lots, tracts, or parcels of land or any such property, the boundaries of which have been fixed by a recorded plat, which is divided into two or more parts, for the purpose of offer, sale, lease, or development, either on the installment plan or upon any and all other plans, terms, and conditions, (including resubdivisions). SUBDIVISION includes the division or development of residential and nonresidential zoned land, whether by deed, metes and bounds description, devise, intestacy, lease, map, plat, or other recorded instrument. SUBDIVISION also includes and condominium, cooperative, community apartment, townhouse or similar project containing four or more parcels, in which an undivided interest in the land is coupled with the right of exclusive occupancy of any unit located thereon, but plats of the projects need not show the buildings or manner in which the buildings or airspace above the property shown on the plat are to be divided.

      SUBDIVISION AGENT. Any person who represents or acts for or on behalf of a subdivider.

      SUBDIVISION PLAT. The final map or drawings, described herein, on which the subdivider’s plan of subdivision is presented to the Planning and Zoning Commission and City Council for approval and which, if approved, may be submitted to the County Recorder for filing.

      TEMPORARY IMPROVEMENT.  IMPROVEMENTS built and maintained by a subdivider during construction of the subdivision and prior to release of the performance bond.

      TRACT. The word TRACT shall mean a defined area of land regardless of size.

      UTILITIES.  UTILITIES means installations or facilities, underground or overhead, furnishing of the use of the public: electricity, gas, steam, communication, water, drainage, sewage disposal or flood control, owned and operated by any person, firm, corporation, municipal department or board, duly authorized by state or municipal regulations. UTILITY or UTILITIES may also refer to the persons, firms, corporations, departments, or boards as tense requires.

      VACATION, PUBLIC LAND. An official action taken by the governing body to give up public ownership of previously owned public land, including streets, parks or easements.

      ZONING. The word ZONING shall mean the regulation by districts of the height, area, and use of buildings; use of land and density of population.

(Prior Code, § 15-2-2) (Ord. O88-06-007, passed 10-13-1988)