For the purpose of this chapter, the following definitions shall apply unless the context indicates or requires a different meaning.
ABUT and/or ABUTTING. Two adjoining properties sharing a common property line; also where two or more adjoin only at a corner, but not including cases where adjoining lots are separated by a street or alley.
Abutting and/or Adjacent and/or Adjoining
ACCESS or ACCESS WAY. The place, means or way by which pedestrians and vehicles shall have safe, adequate and usable ingress and egress to a property or use as required by this Development Code.
ACCESS STREET. A street or road which is parallel to and adjacent to an arterial street and provides a means of direct ingress and egress to abutting property.
ACCESSORY BUILDING. A subordinate building, the use of which is customarily incidental to that of the dominant use of the main building or premises including bona fide servant quarters.
ACCESSORY USE. A use customarily incidental, related, appropriate and clearly subordinate to the main use of the lot or building, which accessory use does not alter the principal use of the subject lot or building or adversely affect other properties in the district.
ACRE. An area of land containing 43,560 square feet.
ADJACENT. The condition of being near to (e.g., properties separated by a street or alley) or abutting.
AGRICULTURE. The tilling of the soil, the raising of crops, horticulture, animal husbandry and uses customarily incidental thereto, but not including commercial slaughterhouses, stockyards, meat packing plants, fertilizer yards, bone yards or plants for the reduction of animal matter.
AIRPORT. Property used or intended primarily for taking off and landing of aircraft, and appurtenant areas used or intended for airport buildings or facilities (e.g., open spaces, taxiways and tie-down areas, hangers and accessory buildings).
ALLEY. A public thoroughfare which affords only a secondary means of vehicular access to abutting property and is not intended for general traffic circulation.
AMENDMENT. A change in the wording, context or substance of this Development Code, an addition or deletion, or a change in the district boundaries or classifications upon the district map, which imposes any regulation not heretofore imposed or removes or modifies any regulation heretofore imposed.
AMUSEMENT PARK. An outdoor facility, which may include structures and buildings, where there are various devices for entertainment, including rides, booths for the conduct of games or sale of items, and buildings for show and entertainment.
ANALOGOUS USE. Any use which is comparable to the permitted uses, is similar in one or more important ways to the permitted uses or resembles the permitted uses in one or more aspects. ANALOGOUS USE shall not be anymore deleterious, obnoxious or harmful than the uses permitted.
ANGSTROM and/or ANGSTROM UNIT. One/10,000,000,000 of a meter (.000000000328 feet).
ANIMAL CLINIC or ANIMAL HOSPITAL. A place where animals or pets are given medical or surgical treatment in emergency cases and are cared for during the time of the treatment. Use as kennel shall be limited to short time boarding and shall be only incidental to the hospital use and shall be enclosed in a soundproof structure.
ANTENNA. Any exterior transmitting or receiving device mounted on a building or structure and used to transmit or receive communications that radiates or captures electromagnetic waves, digital signals, analog signals, radio frequencies (excluding radar signals), wireless telecommunication signals, or other communication signals. This definition does not include a personal use antenna or amateur antenna.
APARTMENT. See DWELLING, MULTIPLE.
AUTOMOBILE (AUTO) REPAIR. Refers to all aspects of repair of motor vehicles including, but not limited to, lubrication, tune-up and preventive maintenance.
AUTOMOBILE SALES, NEW. A franchised agency selling new motor vehicles and providing services commonly associated with motor vehicle sales. New automobile dealership may include sale of used motor vehicles.
AUTOMOBILE SALES, USED. An agency selling used motor vehicles not in conjunction with or on same site as new motor vehicle franchise and providing services commonly associated with motor vehicle sales.
BAR or COCKTAIL LOUNGE. A business establishment devoted primarily to alcoholic beverage service to which food service is only incidental.
BASEMENT. That portion of a building between floor and ceiling, which is partly below and partly above grade, but so located that the vertical distance from grade to the floor below is less than the vertical distance from grade to ceiling. (See STORY.)
BLOCK. A piece or parcel of land or a group of lots entirely surrounded by public streets, streams, railroads or parks or a combination thereof.
BOARDINGHOUSE. A building where, for compensation and by prearrangement for definite periods, meals or lodging and meals are provided for three or more persons, but not exceeding 20 persons.
BUILDING. Any structure for the shelter, housing or enclosure of persons, animals, chattels or property of any kind. Each portion of a building separated by a dividing wall or walls without openings may be deemed a separate building for the purpose of issuing building permits. This does not include doghouses, play-houses and the like.
BUILDING, ACCESSORY. A building or structure which is subordinate to, and the use of which is customarily incidental to that of the main building, structure or use on the same lot or parcel. (See ACCESSORY BUILDING.)
BUILDING AREA. The total area, taken on a horizontal plane at the mean grade level, of the principal buildings and all accessory buildings, exclusive of uncovered porches, terraces and steps.
BUILDING HEIGHT. The vertical distance from the grade to the highest point of the coping of a flat roof, or to the highest point of a mansard roof, or to the highest gable of a pitch or hip roof.
BUILDING LINE. A line between which it and the street right-of-way line no building or structure, or portion thereof, shall be erected, constructed or otherwise established, except as permitted herein.
BUILDING PERMIT. A permit required for the erection, construction, modification, addition to or moving of any building, structure or use in the incorporated area of the town.
BUILDING, PRIMARY. A building or buildings in which is conducted the principal use of the lot on which it is situated. In any residential district, any dwelling shall be deemed to be the primary building of the lot on which the same is situated.
BUILDING SETBACK. The minimum distance as prescribed by this Development Code between any property line and the closest point of the foundation or any supporting post or pillar of any building or structure related thereto. (See YARD, REQUIRED FRONT, REQUIRED SIDE and REQUIRED REAR)
BUILDING SITE. The ground area of a building or buildings together with all open spaces adjacent thereto as required by this Development Code.
CAMPGROUND. Any lot, parcel or tract of land used, designed, maintained and intended for rent of plots or sites to accommodate temporary camping by the traveling public whether or not a charge is made for the use of the park and its facilities.
CARPORT. An accessory building or portion of a main building with two or more open sides designated or used for the parking of motor vehicles. Enclosed storage facilities may be provided as part of a CARPORT.
CELLAR. That portion of a building between floor and ceiling which is wholly or partly below grade and so located that the vertical distance from grade to the floor below is equal to or greater than the vertical distance from grade to ceiling. (See STORY)
CEMETERY. Land used or intended to be used for the burial of the dead and dedicated for such purposes, including columbaria, crematoriums, mausoleums and mortuaries when operated in conjunction with and within the boundaries of the premises.
CHURCH. A building or group of buildings used primarily as a place of communion or worship. Includes convents, religious educational buildings and parish houses, but not parochial schools.
CLUB or LODGE. A regularly constituted association of persons who are bona fide members paying regular dues, primarily organized for some common social purpose and which derives not more than one-half of its revenue or income from the sale of goods and services to its members or others.
COMMISSION. The Planning and Zoning Commission of the town.
COMMITTEE. A committee established to review the subdivision and site planning process.
COMMON PUBLIC AREA. Any property to be dedicated to the public for recreational, leisure or aesthetic uses. COMMON PUBLIC AREA also includes any private property which is to be used by the general population of a subdivision or planned unit development (PUD) and which is to be maintained by a homeowner's association or similar organization.
COMMUNITY DEVELOPMENT DIRECTOR. Interprets the meaning and intent of the general plan and this Development Code.
CONDITIONAL APPROVAL. Affirmative action by the Commission or the Council indicating that approval will be forthcoming upon satisfaction of certain specified stipulations.
CONDITIONAL USE PERMIT. A permit which may be granted under the provisions of this title and which, when granted, authorizes a particular use to be made of a particular premises, subject to compliance with all the terms and conditions contained in the permit.
CONVENT. A housing facility where the residents are limited to members of a specific religious order.
CORRECTIONAL FACILITY. A facility for the detention, confinement, treatment and/or rehabilitation of persons arrested or convicted for the violation of civil or criminal law. The facilities include an adult detention center, juvenile delinquency center, pre-release center, correctional community treatment center, jail and prison, but exclude a municipal or county jail facility that is an accessory use to a police station, sheriff’s office or other associated governmental facility.
DAYCARE CENTER AND/OR NURSERY. Any facility operated for the purpose of providing care, protection and guidance to ten or more individuals during only part of a 24-hour day. This term includes nursery schools, preschools, daycare centers for individuals, and other similar uses but excludes public and private educational facilities or any facility offering care to individuals for a full 24-hour period.
DEPARTMENT. The Engineering and/or Planning Department of the municipality.
DEVELOPMENT MASTER PLAN (DMP). A preliminary master plan for the development of a large or complicated land area, the platting of which is expected in progressive stages. A development master plan may be designed by the subdivider or by the Department and shall be subject to Commission approval.
DRIVEWAY. That portion of a parcel adjacent to a parking area that is used for ingress to and egress from the parcel.
DWELLING, MULTIPLE-FAMILY. A building, or portion thereof, designed for occupancy by three or more families.
DWELLING, TWO-FAMILY. A building designed for occupancy by two families.
DWELLING UNIT. One or more rooms in a dwelling designed for occupancy by one family for living purposes and having its own cooking and sanitary facilities.
EASEMENT. A grant by the owner of the use of a strip of land by the public, a corporation or persons for specific uses and purposes and so designated.
EFFICIENCY APARTMENT. A dwelling unit which has only one living and sleeping room; the dwelling unit, however, may also have a separate room containing only kitchen facilities and also a separate room containing only sanitary facilities.
ELECTRIC VEHICLE. A vehicle that operates either partially or exclusively on electrical energy from the electrical grid or an off-grid source that is stored on board for motive purposes.
ELECTRIC VEHICLE CHARGING STATION. Equipment that has as its primary purpose to transfer electric energy to a battery or other energy storage device on an electric vehicle.
ENGINEERING PLANS. Plans, profiles, cross sections and other required details for the construction of public improvements, prepared by a civil engineer registered in the state in accordance with the approved preliminary plat and in compliance with Uniform Standard Details and Specifications for Public Works Construction as published and amended by the Maricopa Association of Governments and approved by the Council.
EXCEPTION. Any parcel of land which is within the boundaries of the subdivision which is not owned by the subdivider or which is not to be a part of the subdivision if owned by the subdivider.
FACTORY BUILT BUILDING (MODULAR). A structure fabricated in a factory and delivered to the building site in one or more sections except that it does not include a MOBILE HOME or MANUFACTURED HOME as defined in this Development Code. The structure shall be designed only for installation on a site-built permanent foundation and not intended to be moved once installed on the foundation. The unit shall include all the plumbing, heating, cooling, gas and electrical systems of the building and shall bear the state insignia of approval pursuant to A.R.S. § 41-2195. A modular home shall be considered the same as a building and/or a dwelling unit and, building permits for these structures may be issued only in those residential zones which allow conventional construction of homes as a permitted use.
FAMILY. One or more persons occupying a premises and living as a single housekeeping unit as distinguished from a group occupying a BOARDINGHOUSE, LODGING HOUSE or HOTEL as herein defined.
FARM. An area of four or more contiguous acres that is used for the production of farm crops such as vegetables, fruit trees, cotton, grain and other crops and their storage on the area, as well as raising thereon of farm animals, such as poultry, horses, cattle or swine. FARMS may not include commercial feedlots, slaughterhouses, packing plants, dairies or swine operations.
FINAL APPROVAL. Unconditional approval of the final plat by the Council as evidenced by certification on the plat by the Mayor of the municipality and which constitutes authorization for the Town Clerk to record the plat.
FRONTAGE. All property on one side of a street between two intersecting streets (crossing or terminating) measured along the line of the street, or, if the street is a dead end, then all of the property abutting on one side between an intersecting street and the dead end of the street including property fronting on a cul-de-sac.
GARAGE, PRIVATE. An accessory building or portion of the main building, designed or used for the shelter or storage of self-propelled vehicles owned or operated by the occupants of the main building, provided that no private garage may be used or rented for the storage of commercial trucks having a capacity in excess of one ton.
GARAGE, PUBLIC. Premises, except those herein defined as a private garage, used for the storage or care of self-propelled vehicles, or where the vehicles are equipped for operations or repaired, or kept for hire or sale.
GENERAL PLAN. A comprehensive plan, or parts thereof, meeting the requirements of A.R.S. § 9-461.05 and providing generally for the future growth and improvement of the municipality, and for the general location and coordination of streets and highways, schools and recreation areas, public building sites and other physical developments.
GOLF COURSE.
(1) MINIATURE GOLF COURSE. Any course where there is an average of not more than 100 feet between the tee and hole.
(2) PAR-3 GOLF COURSE. Any course which does not fall within the definitions of REGULATION or miniature golf course as defined herein.
(3) REGULATION GOLF COURSE. Any course where there is an average of 300 yards or more between the tee and green of each hole and there are not less than nine holes.
GRADE. Elevations for purposes of height limitations shall be measured from the natural grade. NATURAL GRADE shall be the natural and original ground level. It shall be determined from an original topography or, in case grading or filling has been performed, from the level of adjoining streets or sidewalks. Wherever a building or wall is constructed adjoining a street, the grade shall be measured from the back of the sidewalk or, in case there is no sidewalk, then either from the center of the paving or the street.
GROSS FLOOR AREA. The total area of a building calculated by measuring the outside dimensions of all the building’s floor levels, excluding non-habitable attics and crawl spaces.
GROSS LAND AREA AND/OR GROSS SITE AREA. The total area of a parcel and one-half of all the abutting dedicated streets, alleys, road easements, and/or alley easements. In cases of partial dedications or easements, the gross land area shall extend to what would be the dedication or easement centerline if a full dedication or easement existed.
GUESTHOUSE. An attached or detached accessory building used to house guests of the occupants of the principal building, and which is never rented or offered for rent.
GUEST ROOM. A room which is designed to be occupied by one or more guests for sleeping purposes, and having no kitchen facilities and not including dormitories for sleeping.
HALFWAY HOUSE. A facility for the housing, rehabilitation, and training of persons on probation, parole, or early release from correctional institutions, or other persons found guilty of criminal offenses.
HILLSIDE SUBDIVISION. Any subdivision or that portion of a subdivision located in terrain having a cross-slope exceeding 10%.
HOME OCCUPATION. Any occupation or profession which use is clearly incidental to the use of the structure for dwelling purposes, subject to the following:
(1) Any occupation or profession carried on by a member(s) of a family residing on the premises plus no more than one non-resident family member or employee.
(2) The use must be incidental to the use of the structure as a residence and occupy no more than 25% of the residence or no more than 200 square feet of the garage or 400 square feet of an accessory structure legally placed on the property, whichever is less.
(3) No alterations may made be made to the exterior elevations of the residence to accommodate the home occupation.
(4) There shall be no signage permitted to advertise the home occupation.
(5) There shall be no buildings or structures other than those permitted in the district.
(6) (a) The home occupation may not generate pedestrian or vehicular traffic beyond that normal to the residential district in which it is located.
(b) Delivery trucks shall not continually operate in or out of the residential premises as a function of a commercial use for which a permit is required. (This provision is not intended to prohibit periodic deliveries in a truck or vehicle owned by the resident family and primarily used as a means of transportation.)
(7) There shall be no use of material or mechanical equipment not recognized as being part of normal household or hobby use.
(8) Home occupation must obtain a Town of Florence business license. A business license for a home occupation shall not be issued if the proposed business operation will constitute a fire hazard to neighboring residences; will adversely affect neighboring property values; or will constitute a nuisance or otherwise be detrimental to neighbors because of excessive traffic, excessive noise, odors, vibrations, electric disturbances, or other circumstances that disrupt the normal ambience of a residential neighborhood.
(9) Home occupation office activities for construction-related firms shall store any construction-related equipment, vehicles capable of carrying over one ton of payload, supplies or materials off-premises.
(10) The storage of flammable liquids in excess of ten gallons, related to the home occupation, shall not be stored in the residence, accessory structure, or parked vehicles at the residential site. No hazardous materials beyond normal household use may be stored as part of a home occupation in the home, accessory structure, or parked vehicles at the residential site.
HOSPITAL. A place for treatment or other care of human ailments, and shall include SANITARIUM, CLINIC and MATERNITY HOME, unless otherwise specified.
HOTEL. A building in which lodging is provided and offered to the public for compensation and which is open to transient guests, improvements, the improvements of the increment may be required to connect to those of the existing subdivision or increment.
INCREMENT.
(1) A portion of a platted subdivision which is intended to be built as a unit and for which all services will be provided prior to the occupancy of any dwelling unit.
(2) If a subdivision increment is to be built adjacent to an existing subdivision or increment with existing improvements, the improvements may be required to connect to those of the existing subdivision or increment.
INSTITUTION. A building or buildings occupied by a nonprofit corporation or a nonprofit establishment for public use.
IRRIGATION FACILITIES. Canals, laterals, ditches, conduits, gates, pumps and allied equipment necessary for the supply, delivery and drainage of irrigation water and the construction, operation and maintenance of such.
KENNEL. Any premises where four or more animals are bred, boarded and/or trained for commercial purposes.
KITCHEN. Any room in a building which is used, intended or designed to be used for cooking or preparation of food.
LANDSCAPED AREA. An area containing living plants and void of asphalt or concrete pavement except that decorative fountains shall be allowed. A maximum of 20% of the area may be covered with decorative rock or boulders.
LOADING SPACE. A permanently maintained space used for loading on the same lot as the main building accessible to a street or alley.
LODGING HOUSE. A building where lodging only is provided for compensation to three or more, but not exceeding 20 persons.
LOT. A piece or parcel of land separated from other pieces or parcels by description, as in a subdivision or on a record of survey map or by metes and bounds, for purposes of sale, lease or separate use.
LOT, AREA. The area of the lot, not including any area in a public way.
LOT, CORNER. A lot adjoining two or more streets at their intersections.
LOT, DEPTH. The mean horizontal distance between the front and rear lot lines.
LOT, DOUBLE FRONTAGE. A lot having a frontage on two non-intersecting streets, as distinguished from a corner lot.
LOT, KEY. A lot adjacent to a corner lot having its side lot line in common with the rear lot line of the corner lot and facing on the street which forms the side boundary of the corner lot.
LOT LINE. The lines bounding a lot.
LOT OF RECORD. A lot which is a part of a subdivision, the plat of which has been recorded in the office of the Town Clerk of the County Recorder's office; or parcel of land, the deed of which is recorded in the office of the County Recorder.
LOT SPLIT. The division of improved or unimproved land whose area is two and one-half acres or less into two or three tracts or parcels of land for the purpose of sale or lease.
LOT, THROUGH. A lot abutting on two or more intersecting streets where the interior angle of an intersection does not exceed 135 degrees. A corner lot shall be considered to be in that block in which the lot fronts.
LOT, WIDTH. The width of a lot measured as follows: If the side property lines are parallel, the shortest distance between these side lines. 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 required front or rear building setback lines, whichever is the lesser. The axis of a lot shall be a line generally perpendicular to the fronting street which divides the lot into two equal parts.
MANUFACTURED HOME. A dwelling unit, manufactured after June 15, 1976 and built to HUD standards with a HUD seal affixed, that is transportable in one or more sections, built on a permanent chassis, designed for use with or without a permanent foundation and when installed will have the required utilities. Does not include MOBILE HOME or RECREATIONAL VEHICLE.
MANUFACTURED HOME SUBDIVISION. Any lot, tract or parcel of land used or offered for use in whole or in part with or without charge for placement or installation of one or more manufactured homes.
MANUFACTURING. An establishment engaged in the manufacture or compounding process of raw materials. These activities may include the storage of large volumes of materials needed for the manufacturing process.
MANUFACTURING, LIGHT. A predominantly indoor 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 the products.
MOBILE HOME. A transportable structure suitable for year round single-family occupancy and utility connections similar to conventional dwellings, which was constructed prior to June 15, 1976, and bears a state insignia of approval pursuant to A.R.S. § 41-2195. Does not include MANUFACTURED HOME or RECREATIONAL VEHICLE.
MODULAR BUILDING. A building including a dwelling unit or habitable room thereof that is either substantially or entirely manufactured at an off-site location to be assembled on-site, and which complies with all the applicable building codes adopted by the town.
MONOPOLE. A freestanding wireless support structure that is not more than 40 inches in diameter at the ground level and that has all of the wireless facilities mounted inside of the pole with the exception of the antenna(s) and necessary concealed ground equipment. A monopole may also be an alterative tower structure that is designed to replicate a tree or other natural feature (also known as “stealth”).
MOTEL.
(1) Any building or group of buildings containing guest rooms or dwelling units, some or all of which have a separate entrance leading directly from the outside of the building with garage or parking space located on the lot and designed, used or intended wholly or in part for the accommodation of automobile transients.
(2) Includes motor court, motor lodge and tourist court, but not a manufactured home subdivision.
MOTOR HOME. A vehicular design unit built on or permanently attached to a self-propelled vehicle chassis, van or chassis cab, which is an integral part of the complete vehicle, to provide temporary or permanent living quarters for recreation, camping or travel use.
NEIGHBORHOOD PLAN. A plan designed by the Department to guide the platting of remaining vacant parcels in a partially built-up neighborhood so as to make reasonable use of all land, correlate street patterns and achieve the best possible land use relationships.
NET FLOOR AREA. The gross floor area minus hallways and corridors, restrooms, storage rooms, equipment rooms, and other non-habitable rooms within a building.
NONCONFORMING BUILDING. A building or portion thereof which was lawful when established but which does not conform to a subsequently established district or district regulation.
NONCONFORMING LOT. A parcel of land having less area, frontage or dimensions than required in the district in which it is located.
NONCONFORMING USE. Any building or land lawfully occupied by a use at the time of passage of this Development Code or amendment thereto which does not conform after the passage of this Development Code or amendment thereto with the use regulations of the district in which it is located.
OPEN SPACE. Space which can be enjoyed by people. This could include landscaped plazas, grass, trees, shrubs, fountains, sitting areas, shade structures for pedestrians and the like, and is meant to provide an open garden atmosphere. OPEN SPACE does not include parking areas, vacant or undeveloped lots or any other space which does not contribute to the quality of the environment.
OPEN SPACE, COMMON. Any open space, other than private or frontage open space, intended for use by all occupants of a development. This space may include recreation oriented buildings and areas.
OPEN SPACE FRONTAGE. All the open space between the right-of-way line of a dedicated public street and any perimeter structure(s) within the development, except that this space may extend between structures or between a structure and a side property line to a depth of not more than one-half the width of the opening.
OUTDOOR LIGHT FIXTURES. Outdoor artificial illuminating devices, outdoor fixtures, lamps and other devices, permanent or portable, used for illumination or advertisement. The devices shall include, but are not limited to, searchlight, spotlight or floodlights for:
(1) Buildings and structures;
(2) Recreational areas;
(3) Parking lot lighting;
(4) Landscape lighting;
(5) Billboards and other signage (advertising or other); and
(6) Street lighting.
OWNER. The person or persons holding title by deed to land, or holding title as vendees under land contract, or holding any other title of record.
PARK MODEL. A recreational vehicle that is designed for temporary, seasonal or permanent residential use and does not exceed 400 square feet in area, excluding accessory structures.
PARKING AREA. The total area including parking spaces, parking aisles, required parking landscape areas and walkways, and loading and unloading areas.
PARKING LOT. A parcel of land devoted to unenclosed parking spaces.
PARKING SPACE. That portion of the parking area required for the parking of one vehicle that is a permanently surfaced area, enclosed or unenclosed, having an area of not less than 180 square feet which will accommodate a car, minimum width nine feet. Parking as used in this Development Code is to mean off-street parking with access from streets or secondary means or as approved by subdivision plat or site plan.
PEDESTRIAN WAY. A public walk dedicated entirely through a block from street to street or providing access to a school, park, recreation area or shopping center.
PERMITTED USES. A use specifically permitted or a use analogous to those specifically permitted.
PLASMA DONATION CENTER. A medical clinic that accepts blood product donations, particularly plasma, and provides monetary payment for donations.
PLAT. A map of a subdivision.
PLAT, FINAL. A map of all or part of a subdivision providing substantial conformance to an approved preliminary plat, prepared by a registered professional Engineer or registered land surveyor in accordance with the laws of the state and § 150.226.
PLAT, PRELIMINARY. A preliminary map, including supporting data, indicating a proposed subdivision development, prepared in accordance with § 150.213(E).
PLAT, RECORDED. A final plat bearing all of the certificates of approval required in § 150.227(D)(4) and duly recorded in the County Recorder's Office.
PRELIMINARY APPROVAL. Approval of the preliminary plat by the Commission as evidenced in its meeting minutes which constitutes authorization to proceed with final engineering plans and final plat preparation.
PUBLIC IMPROVEMENT STANDARDS. Uniform Standard Details and Specifications for Public Works Construction as published and amended by the Maricopa Association of Governments and approved by the Council.
RAILROAD. The land used for general railroad purposes, including mainline and switching trackage, repair shops, stations, communications equipment, roundhouses and storage facilities; the term does not include railroad equipment (miniature or otherwise) operated by its owner as a hobby or as a part of the equipment of an amusement resort.
RANCH. An area of ten or more contiguous acres which is used for the raising of livestock on a commercial basis; provided, however, that the ranch does not include commercial pen feeding (feed lots). RANCH shall include horse breeding and training but shall not include riding stables.
RECREATION BUILDING. An accessory building of one or more recreation uses which will be used exclusively by the members of a designated club and their guests. Recreational uses, and associated outdoor uses, permitted in this building include, but are not limited to:
(1) Swimming, exercise, sauna and Jacuzzi;
(2) Licensed massage facilities;
(3) Tennis;
(4) Card playing;
(5) Arts and crafts;
(6) Billiards and bingo; and
(7) Dancing.
RECREATIONAL VEHICLE. A vehicle designed to be self propelled or permanently towable that is designed for residential use for recreational, camping, travel, temporary or seasonal purposes, including PARK MODELS.
RECREATIONAL VEHICLE ACCESSORY STRUCTURES. Covered carports, porches, recreational vehicle awnings, heating and cooling units, detached storage buildings and Arizona rooms.
RECREATIONAL VEHICLE AWNINGS. A lightweight overhead structure used in conjunction with a recreational vehicle for the purpose of shading or weather protection of areas such as carports, patios, porches and windows.
RECREATIONAL VEHICLE PARK. An approved parcel or subdivision together with certain accessory buildings and uses providing for the enjoyment and benefit of the patrons of the park, in which individual spaces are provided for parking or placement of a recreational vehicle for temporary or permanent housing, whether or not a charge is made for the accommodation, excluding a manufactured home subdivision.
REFINERY. A permanent facility for the purpose of refining, processing, storing, and/or delivery of fossil fuels byproducts including, but not limited to, gasoline, diesel fuel and motor oil. Uses include those that store products such as liquefied natural gas (LNG), compressed natural gas (CNG), butane, and propane.
RESORT. A group or groups of buildings containing more than five dwelling units and/or guest rooms and providing outdoor recreational activities which may include golf, horseback riding, swimming, shuffleboard, tennis and similar activities. A RESORT may furnish service customarily furnished by a hotel, including a restaurant, cocktail lounge and convention facilities.
RETAIL. The sale of commodities or goods in small quantities to ultimate consumers.
RETAIL, BIG BOX. Any single use building, whether stand alone or within a multi-building development, wherein the single use building occupies at least 100,000 square feet of building coverage primarily devoted to, or intended for, the sale or display of goods and merchandise for consumption by the general public, including any outdoor sales and display area(s) and storage/stockroom area(s), but excluding any outdoor area for the sale of cars, trucks, boats, recreational vehicles, or manufactured homes. For the purposes of this definition, calculation of the building area(s) shall include all other indoor and outdoor sales areas or customer service area(s) that may be incidental to, but nevertheless share customer walking aisles or store entrances with the big box retail use operator, whether or not the area(s) are under the same management as the big box retail use operator.
REVERSE FRONTAGE. A lot having frontage on two non-intersecting streets. The front of the lot shall be considered facing the interior street.
SCREENING WALL. A solid masonry wall designed and constructed so as to conceal areas used for refuse, mechanical equipment, parking, storage and service and loading bays from street and public view and to separate potential incompatible land uses.
SCHOOL or COLLEGE. Unless otherwise specified, private or public places of general instruction but shall not include daycare centers and/or nursery schools, dancing schools, riding academies, trade or specialized vocational schools.
SERVICE STATION, AUTOMOTIVE. A retail business engaged primarily in the sale of motor fuels but also in supplying goods and services generally required in the operation and maintenance of automotive vehicles. These may include sale of petroleum products, sale and servicing of tires, batteries, automotive accessories and replacement items, washing and lubrication services, automotive maintenance and repair and the supplying of other incidental customer services and products. Major automotive repairs, painting and body and fender work, rental or sales of motor bikes, automobiles, boats, trailers, trucks and any other type of sales or services not specifically referred to herein are limited to the service area of the site.
SHADE STRUCTURE. An accessory building or a portion of a main building with two or more open sides. It shall contain no space that is more than 50% surrounded by walls.
SHOPPING CENTER. A group of stores planned and designed for the site on which it is built, functioning as a unit, with off-street parking, landscaped areas and pedestrian malls or plazas provided on the property as an integral part of the unit.
STABLE, COMMERCIAL. A stable for horses, mules or ponies which are let, hired, used or boarded on a commercial basis and for compensation.
STABLE, PRIVATE. A detached accessory building for the keeping of horses, mules or ponies owned by the occupants of the premises and not kept for remuneration, hire or sale.
STORY. That portion of a building included between the upper surface of any floor and the upper surface of the floor next above, except that the topmost story shall be that portion of a building included between the upper surface of the topmost floor and the ceiling or roof above. If the finished floor level directly above a basement, cellar or unused under floor space is more than six feet above grade as defined herein for more than 50% of the total perimeter or is more than 12 feet above grade as defined herein at any point, the basement, cellar or unused under floor space shall be considered as a story.
STREET. A dedicated, public or private passageway, which affords a principal means of access to abutting property. STREET shall mean any street, avenue, boulevard, road, lane, parkway, place, viaduct, easement for access or other way which is an existing state, county or municipal roadway or a street or way shown in a plat heretofore approved pursuant to law or approved by official action or a street or way in a plat duly filed and recorded in the County Recorder's Office. A STREET includes the land within the street right-of-way whether improved or unimproved and includes the improvements as pavements, shoulders, curbs, gutters, sidewalks, parking space, bridges and viaducts.
STREET, ARTERIAL. A street, which along with several others, forms the skeletal structure of the traffic system within the municipality. Those several streets carry the greatest number of cars across the municipality in any direction.
STREET, COLLECTOR. A street that collects traffic from several smaller streets within a residential neighborhood. It should serve as a major access from a neighborhood to an arterial street or highway.
STREET, CUL-DE-SAC. A short local street permanently terminated in a vehicular turnaround.
STREET LINE. A dividing line between a lot, tract or parcel of land and a contiguous street (right-of-way).
STREET, LOCAL. Provides for direct access to residential, commercial, industrial or other abutting land or local traffic movements and connects to collector or arterial routes.
STRUCTURAL ALTERATIONS. Any change in the supporting members of a building, such as bearing walls or partitions, columns, beams, girders or any complete rebuilding of the roof.
STRUCTURE. Any artificial piece of work constructed or erected, the use of which requires a location on the ground or attached to something having a location on the ground, but not including a tent, vehicle, trailer coach or mobile home.
SUBDIVIDER. Individual, firm, corporation, partnership, association, syndication, trust or other legal entity that files the application and initiates proceedings for the subdivision of land in accordance with the provisions of this Development Code, and the subdivider need not be the owner of the property as defined by this Development Code.
SUBDIVISION. Improved or unimproved land or lands divided for the purpose of financing, sale or lease, whether immediate or future, into four or more lots, tracts or parcels of land; or, if a new street is involved, any property which is divided into two or more lots, tracts or parcels of land or, any property, the boundaries of which have been fixed by a recorded plat, which is divided into more than two parts. SUBDIVISION also includes any condominium, cooperative, community apartment, townhouse or similar project containing four or more parcels, in which an undivided interest in the land is coupled with the right of exclusive occupancy of any unit located thereon, but plats of the projects need not show the buildings or the manner in which the buildings or airspace above the property shown on the plat are to be divided except as needed to ensure compliance with the regulations of this Development Code. SUBDIVISION does not include the following:
(1) The sale or exchange of parcels of land to or between adjoining property owners if the sale or exchange does not create additional lots;
(2) The partitioning of land in accordance with other statutes regulating the partitioning of land held in common ownership; and
(3) The leasing of apartments, offices, stores or similar space within a building or trailer park, nor to mineral, oil or gas leases.
SWIMMING POOL, PRIVATE. A contained body of water, used for swimming or bathing purposes, either above ground level or below ground level, with the depth of the container being more than 18 inches or the area being more than 38 square feet.
SWIMMING POOL, PUBLIC. The same definition as private pool but operated as a commercial business. Public swimming pools shall conform to county health requirements.
TATTOO, BODY PIERCING ESTABLISHMENT. Any establishment offering indelible designs, letters, scrolls, figures, symbols or other marks that are placed on or under the skin with ink or colors by the aid of needles or other instruments and that cannot be removed without a surgical procedure; any establishment offering designs, letters, scrolls, figures or symbols or other marks done by scarring/branding on or under the skin; any establishment where decorations or other devices are inserted into the skin; any establishment using techniques such as penetrating, perforating, boring or creating a hole in the skin or another human body part; or any establishment whose primary function is permanent body alteration for non-surgical purposes. The following establishments shall be exempt from this definition: those where offering permanent facial make-up/cosmetics ancillary to the primary business; those where procedures are performed by a person authorized by the laws of this state to practice
medicine, osteopathy, chiropractic, podiatry, naturopathy or acupuncture and the procedures are performed in conformity with the standards of that profession; those where procedures are performed by registered nurses, licensed practical nurses or technicians, when acting under the supervision of a licensed physician or osteopath; those where the only type of piercing offered is ear piercing.
TOBACCO RETAILER. Any person or business who primarily sells or offers for sale, tobacco, tobacco products, or tobacco paraphernalia, or who distributes samples of tobacco products or paraphernalia. These businesses include but are not limited to, tobacco shops, cigars and pipe retailer, cigarette or electronic cigarette retailer and smoking establishments.
TOWER. Any structure that is designed and constructed primarily for the purpose of supporting one or more wireless facilities, antennas for telephone, radio, and similar communication purposes, including monopole towers. The term includes, but is not limited to, radio and television transmission towers, microwave towers, common-carrier towers, cellular telephone towers, stealth towers, and alternative tower structures. The term also includes the structure and any support thereto.
TOWNHOUSE. Single-family dwelling with party walls and no side yards between abutting dwellings within a subdivision recorded in accordance with state statutes.
USE. The purpose or activity for which a building, parcel, or structure is arranged, designed, occupied or maintained. For the purpose of calculating parking demand for a parcel, more than one use may be allocated to a single parcel.
USE, ACCESSORY. A subordinate use customarily incident to and conducted on the same lot with the principal use or building including bona fide household employee’s quarters.
UTILITIES.
(1) Installations or facilities, underground or overhead, furnishing for 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 regulation.
(2) As used herein may also refer to the persons, firms, corporations, departments or boards, as sense requires.
UTILITY COMPANY. Any provider of utility services including but not limited to water, sewer, electricity, gas, telephone, cable and the like within the town.
WALL. Any structure or device required by this Development Code for screening purposes forming a physical barrier, which is so constructed that 50% or more of the vertical surface is closed and prevents the passage of light, air and vision through the surface in a horizontal plane. This shall include concrete, concrete block, wood or other materials that are solids and are so assembled as to form a screen. Where a solid wall is specified, 100% of the vertical surface shall be closed, except for approved gates or other access ways. Where a masonry wall is specified, the wall shall be concrete block, brick, stone or other similar material and 100% of the vertical surface shall be closed, except for approved gates or other access ways.
WIRELESS COMMUNICATION FACILITY.
(1) Equipment at a fixed location that enables wireless communications between user equipment and a communications network, including both of the following:
(a) Equipment associated with wireless communications; and
(b) Radio transceivers, antennas, coaxial or fiber-optic cables, regular and backup power supplies, and comparable equipment, regardless of technological configuration.
(2) Includes small wireless facilities.
(3) Does not include the structure or improvements on, under, or within which the equipment is located.
(4) Does not include non-commercial, non-business fixed wireless communications, such as television and satellite reception antennae or amateur radio antennae.
WIRELESS COMMUNICATION FACILITY; SMALL. A wireless facility that meets both of the following qualifications:
(1) Each antenna is 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. The following types of associated ancillary equipment are not included in the calculation of equipment volume pursuant to this code:
(a) An electric meter;
(b) Concealment elements;
(c) A telecommunications demarcation box;
(d) Ground-based enclosures;
(e) Grounding equipment;
(f) A power transfer switch;
(g) A cut-off switch; and/or
(h) Vertical cable runs for the connection of power and other services.
YARD. An open area at grade level between the building envelope and the adjoining lot lines, unoccupied and unobstructed by any portion of a structure from the ground upward, except as otherwise provided herein. In measuring a yard for the purpose of determining the width of a side yard, the depth of a front yard or depth of a rear yard, the minimum horizontal distance between the lot line and the main building envelope shall be used.
YARD, FRONT. An open unoccupied space on the same lot with a main building envelope, extending the full width of the lot and situated between the street line and the front line of the building envelope projected to the side lines of the lot. The front yard of a corner lot may be either street frontage. Double frontage lots within districts that require front yards shall maintain the required front yard on both streets.
YARD, REAR. An open space on the same lot with a main building envelope between the rear line of the building envelope and the rear line of the lot extending the full width of the lot. The rear yard shall always be opposite the front yard.
YARD, SIDE. An open unoccupied space on the same lot with a main building situated between the building envelope and the side line of the lot and extending from the front yard to the rear yard. Any lot line not a rear line or a front line shall be deemed a side lot line. An INTERIOR SIDE YARD is defined as the side yard adjacent to a common lot line.
(Prior Code, Ch. 4, Art. II, § 4-37) (Ord. 432-06, passed 6-19-2006; Ord. 593-13, passed 4-1-2013; Ord. 601-13, passed 9-16-2013; Ord. 662-18, passed 8-20-2018; Ord. 668-19, passed 4-15-2019; Ord. 667-19, passed 11-18-2019; Ord. 699-21, passed 3-15-2021)