For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
AGRICULTURE. The tilling of the soil, the raising of crops, horticulture and gardening, the raising of livestock and fowl, but not agricultural industries or businesses, fur farms, animal hospitals or similar uses.
BUILDING. Any structure having a roof supported by columns or walls, for the housing or enclosing of persons, animals, vehicles and the like.
BUILDING, ACCESSORY. A detached subordinate building clearly incidental to and located upon the same lot as is occupied by the principal building or dwelling.
BUILDING, HEIGHT OF. The vertical distance from the grade to the highest point of the coping of a flat roof, or the deck line of a mansard roof, or to the main height level between the ridge and eaves of a gable, hip or gambrel roof.
BUILDING, MAIN. The principal building or one of the principal buildings upon a lot, or the building or one of the principal buildings housing the principal use upon a lot.
BUILDING, PUBLIC. A building owned and operated or owned and intended to be operated by a public agency of the United States of America, of the state or any of its subdivisions.
CHILD NURSERY. An establishment for the care and/or instruction, whether or not for compensation, of six or more children, other than members of the family, residing on the premises.
CONDITIONAL USE. To permit certain uses that are “improper under general conditions”, but might be harmonious uses if granted with conditions attached that will “ensure their compatibility and proper integration into the land use pattern.” See § 153.022. These are considered by the Planning and Zoning Board with recommendation to the Town Council who grants or denies the conditional use. They are separate and distinct from a variance and are handled differently. A CONDITIONAL USE PERMIT may be temporary, permanent or have a time limit.
CONDOMINIUM or TOWNHOUSE. A development where there is ownership of a single unit in a multiple-family development, together with an undivided interest in the common area and facilities, and the project meets all requirements of the Condominium Ownership Act, being A.R.S. §§ 33-1201 et seq., of the state.
DWELLING. Any building or portion thereof, which is designed for residential purposes, except for motels or hotels.
DWELLING, MULTIPLE-FAMILY. A building designed or arranged to be occupied by two or more families.
DWELLING, SINGLE-FAMILY. A building arranged or designed to be occupied by one family, the structure has only one dwelling unit.
DWELLING UNIT. One or more rooms in a dwelling, designed for or occupied by one family for living or sleeping purposes and having kitchen facilities for the use of not more than one family.
FAMILY. An individual, or two or more persons related by blood, marriage or adoption living together as a single housekeeping unit in a dwelling; or a group of not more than four persons who need not be related by blood, marriage or adoption, living together as a single housekeeping unit in a dwelling unit.
FRONT SETBACK. The setback area along any street frontage whatsoever, whether it is the side or front yard of a property.
GROUP HOME. A dwelling unit where the family has integrated into itself individuals not related by blood or marriage because of special needs and on a payment basis.
HOUSEHOLD PETS. Animals or fowl ordinarily permitted in the house and kept for personal use, such as dogs and cats, but not kept for commercial purposes as defined in this chapter.
INSPECTOR. Any employee of the town authorized to enforce this chapter. The Town Council may, by resolution from time to time, specifically entrust the enforcement to specifically named employees as a specialized duty without revoking the general authority previously given to other employees.
JUNK. Old or scrap copper, brass, rope, rags, batteries, plastics, paper, trash, weeds, rubber, debris, waste or junked, dismantled or wrecked automobiles or parts thereof, iron, steel and other old or scrap ferrous or non-ferrous material.
LOT. A parcel of land occupied or to be occupied by a main building, or group of buildings, accessory and main, together with the yards, open spaces, lot width and lot area as are required by this chapter and having frontage upon a dedicated and improved street. Except for multiple-family dwellings, not more than one dwelling structure shall occupy one LOT.
LOT, CORNER. A lot having frontage on two or more improved streets.
MANUFACTURED OR MODULAR HOME. A factory-built single-family or two-family dwelling that is manufactured or constructed under the authority of 42 U.S.C. § 5401, and which is built on a permanent chassis and designed to be used as a dwelling with a permanent foundation when connected to the required utilities, and includes the plumbing, heating, air conditioning and electrical systems contained therein. They bear a seal from the U.S. Department of Housing and Urban Development (HUD) certifying code compliance. Single-wide modular homes have the original pitched roof, no tongue, no axles, thermo-pane windows, at least two-foot by four-foot walls, approved tie-downs and installed on a permanent foundation.
MARIJUANA INFUSION FOOD ESTABLISHMENT. A food processing or other food establishment of any type or size, not operated by a medical marijuana dispensary and not located at a marihuana cultivation site, by which is or may be permitted by Arizona law to contract with and does provide to a medical marijuana dispensary edible food products infused with medical marijuana.
MEDICAL MARIJUANA DESIGNATED CAREGIVER CULTIVATION LOCATION. An enclosed facility that not exceed 250 square feet of cultivation space, where a designated caregiver, as defined by A.R.S. § 28-2801(5) cultivates marijuana.
MEDICAL MARIJUANA DISPENSARY. A nonprofit medical marijuana dispensary duly registered and certified pursuant to A.R.S. § 36-2804.
MEDICAL MARIJUANA DISPENSARY OFFSITE CULTIVATION LOCATION. The one additional location if any, duly identified pursuant to A.R.S. § 36-2806(E) where marijuana will be cultivated for sale at a nonprofit medical marijuana dispensary duly registered and certified pursuant A.R.S. § 36-2804.
MARIJUANA INFUSION FOOD ESTABLISHMENT. A food processing or other food establishment of any type or size, not operated by a medical marijuana dispensary and not located at a marihuana cultivation site, by which is or may be permitted by Arizona law to contract with and does provide to a medical marijuana dispensary edible food products infused with medical marijuana.
MOBILE HOME. Single-wide trailer that is transportable in one section and built upon a permanent chassis.
MOBILE HOME PARK. Any area or tract of land used or designed to accommodate two or more mobile homes for permanent, rented living purposes as opposed to a recreation vehicle park where campers or travel trailers are generally parked for overnight or short periods of time.
MOBILE HOME SUBDIVISION. An area or tract of land designed and developed for manufactured or mobile homes, as defined herein.
MOTOR HOME. A vehicular unit, designed to provide temporary living quarters, built into as an integral part of, or permanently attached to, a self-propelled motor vehicle chassis or van. The vehicle must contain permanently installed independent life support systems which meet the ANSI/NFPA 501C standard, and provide at least two of the following facilities: cooking, refrigeration or ice box, self-contained toilet, heating and/or air conditioning, a potable water supply, 110/125 volt power, 12 volt power and/or LP gas supply.
NON-CONFORMING BUILDING, STRUCTURE OR USE. A building, structure or use of land, or portion thereof, lawfully existing at the time this chapter became effective which does not conform to all regulations herein prescribed for the zone in which it is located. This building, structure or use may be referred to as “grandfathered”.
PARK TRAILER. A vehicular unit which meets the following criteria:
(1) Built on a single chassis, mounted on wheels;
(2) Designed to provide seasonal or temporary living quarters which may be connected to utilities necessary for operation of installed fixtures and appliances;
(3) Of a construction as to permit persons without special skills using only hand tools which may include lifting, pulling and supporting devices to set up the unit; and
(4) The gross trailer area of a single chassis when in the set-up mode is not to exceed 400 square feet.
PARKING LOT. An open area other than a street, used for parking motor vehicles.
PERMANENT FOUNDATION. A manufactured home requires a strip footing or a slab with double cinder block under metal pillars for weight bearing. Cement footing or slab need to be 18 inches deep, for frost protection.
RECREATIONAL VEHICLE. A vehicular type unit primarily designed as temporary living quarters for recreational, camping or travel use, which either has its own motive power or is mounted on or towed by another vehicle. The basic entities are: travel trailer, camping trailer, truck camper, motor home, fifth wheel, part trailer and van.
RECREATIONAL VEHICLE PARK. Site designed and developed for campers or travel trailers to be parked for overnight or short periods of time.
STREET. A public thoroughfare which affords principal means of access to abutting property and is dedicated and improved to the standards of the town. (See Title VII of this code of ordinances.)
STRUCTURE. Anything constructed or erected, which requires location on the ground or attached to something having a location on the ground.
TRAVEL TRAILER. A vehicular portable unit, mounted on wheels of a size or weight as not to require special highway movement permits when drawn by a motorized vehicle, primarily designed and constructed to provide temporary living quarters for recreational, camping or travel use and of a body width of no more than eight feet and a body length of no more than 40 feet when factory equipped for the road.
USE, ACCESSORY. A subordinate use customarily incidental to and located upon the same lot as is occupied by a main use.
VARIANCE. A special request to the town to permanently waive or alter a normal development requirement of a zoning district. A VARIANCE cannot change a use, but only development requirements.
WIDTH OF LOT. The distance between the side lot line at the distance back from the front lot line required as the setback for any building or structure.
YARD, FRONT. A space on the same lot with a building, between the front line of the building and the front lot line and extending across the full width of the lot. A corner lot has two front yards for setback purposes.
YARD, REAR. A space on the same lot with a building, between the rear line of the building and the rear line of the lot and extending the full width of the lot.
YARD, SIDE. A space on the same lot with a building between the side line of the building and the side line of the lot and extending from the front yard to the rear yard line.
(1974 Code, § 18-5-1) (Res. 99-016, passed 9-8-1999; Ord. 99-002, passed 9-8-1999; Ord. 11-004, passed 10-11-2011)