For the purpose of this chapter, certain terms and words are hereby defined. Words used in the present tense shall include the future; the singular number shall include the plural, and the plural shall include the singular; the word “shall” is mandatory and the word “may” is permissive; the word “persons” include individuals, partnerships, corporations, clubs, or associations. The following words or terms may be used interchangeably: lot, plot, parcel, or premises; used, arranged, occupied, or maintained; building or structure; sold or dispensed; zone or district.
ABUTTING. The condition of two adjoining properties having a common property line or boundary, including cases where two or more lots adjoin only a corner or corners, but not including cases where adjoining lots are separated by a street or alley.
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 chapter.
ACCESSORY BUILDING. A building, the use of which is customarily incidental to that of the dominant use of the main building or premises including bona fide household employees’ 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. A land area measuring 43,560 square feet.
ADJACENT. The condition of being near to or close to, but not necessarily having a common dividing line, i.e., two properties which are separated only by a street or alley shall be considered as adjacent to one another.
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 chapter, 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 removed or modifies any such regulation theretofore imposed.
AMUSEMENT PARK. A commercial amusement activity such as a carnival, circus, miniature golf course, or similar establishment which does not require an enclosed building.
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 USES shall not be anymore deleterious, obnoxious, or harmful than the uses permitted.
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 such treatment. Use as kennel shall be limited to short time boarding and shall be only incidental to such hospital use and shall be enclosed in a sound-proof structure.
ANTENNA. A device used in wireless telecommunications which transmits or receives radio or microwave signals. ANTENNA includes a dish antenna, panel antenna, or whip antenna. An ANTENNA not specifically described herein shall be regulated in conformity with the type of antenna described herein which most closely resembles such antenna.
APARTMENT. A suite of rooms, with cooking facilities and private bath and toilet facilities, used for living purposes. Each APARTMENT shall be considered a dwelling unit.
ATTACHED BUILDING. A building which has any parts of its exterior or bearing wall in common with another building or which is connected to another building by a roof.
AUTO FULL SERVICE CAR WASH. A conveyor type car washing facility providing the customer with full car washing service, including the vacuuming and complete interior cleaning of the automobile by attendants.
AUTOMOBILE SERVICE STATION. A place of business having pumps and/or storage tanks from which liquid fuel and/or lubricants are dispensed at retail, directly into the motor vehicle. Sales and installation of auto accessories, washing, polishing, inspections, and cleaning, but not steam cleaning may be carried on incidental to the sale of such fuel and lubricants.
AUTOMOBILE REPAIR. All aspects of the repair of motor vehicles including, but not limited to, lubrication, tune up, and preventive maintenance.
BAR or COCKTAIL LOUNGE. An establishment whose primary business is the serving of alcoholic beverages to the public for consumption on the premises.
BASEMENT or CELLAR. The 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 equal to greater than the vertical distance from grade to ceiling.
BASE STATION. A structure or equipment at a fixed location that enables FCC-licensed or authorized wireless communications between user equipment and a communications network. The term does not encompass a tower as defined herein or any equipment associated with a tower. BASE STATION includes, without limitation:
(1) Equipment associated with wireless communications services such as private, broadcast, and public safety services, as well as unlicensed wireless services and fixed wireless services such as microwave backhaul;
(2) Radio transceivers, antennas, coaxial or fiber-optic cable, regular and backup power supplies, and comparable equipment, regardless of technological configuration (including distributed antenna systems ("DAS") and small-cell networks); and
(3) Any structure other than a tower that, at the time the application is filed with the town under this chapter, supports or houses equipment described in divisions (1) and (2) above that has been reviewed and approved under the town's zoning or siting process, or under another state or local regulatory review process, even if the structure was not built for the sole or primary purpose of providing that support.
BLOCK. Property abutting one side of a street and lying between the two nearest intersecting street and railroad right-of-way, unsubdivided acreage, waterways, but not an alley, of such size as to interrupt the continuity of development on both sides thereof.
BOARDING HOUSE or LODGING HOUSE. A building where, for definite periods, lodging with or without meals is provided for compensation for three or more persons, not constituting a family, as defined hereafter, but not exceeding 20 persons.
BUILDING. Any structure for the shelter, housing, or enclosure of persons, animals, chattels, or property of any kind, with the exception of dog houses, play houses, and similar structures. Each portion of a building separated by dividing wall or walls without openings may be deemed a separate BUILDING for the purpose of issuing building permits.
BUILDING, HEIGHT OF. The vertical distance measured from the average elevation at the top of the curb of the street or streets adjacent to the property, or to the top of the crown of the roadway or roadways, if there is no curb, to the highest point. In cases where drainage considerations supersede this chapter, the point of reference elevation would be subject to the approval of the Town Engineer.
BUILDING SITE. The area of a building together with associated parking areas and open space required by this chapter. A BUILDING SITE may encompass more than one lot.
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.
CHURCH, SYNAGOGUE, or TEMPLE. A permanently located building commonly used for religious worship. CHURCHES, SYNAGOGUES, or TEMPLES shall conform to the Uniform Building Code and are subject to development review approval.
COLLOCATION. The mounting or installation of transmission equipment on an eligible support structure for the purpose of transmitting and/or receiving radio frequency signals for communications purposes.
COMMERCIAL USE. A use operated for profit or compensation and provides retail of goods or rendering of services.
COMMON OPEN SPACE. Any meaningful open space, other than streets or private yard setbacks, intended for use by all occupants of a development. This space may include recreation-oriented areas.
CONDOMINIUM. An estate in real property consisting of an undivided interest in common in a portion of a parcel of real property together with a separate interest in air space in a residential, industrial, or commercial building on such real property, such as apartment, office, or store.
CONVALESCENT HOME or NURSING HOME. See HOSPITAL.
COUNCIL. The Town Council of Guadalupe.
COURT. Any space other than a yard on the same lot with a building or group of buildings, and which is unobstructed and open to the sky from any above the floor level of any room having a window or door opening on such court. The width of a COURT shall be its least horizontal dimension.
CURB ELEVATION. The average elevation of a curb adjacent to a development from which the height of a building is determined.
DAY CARE SCHOOLS or NURSERY. A public or private establishment providing care and supervision for five or more children not related to the proprietor.
DENSITY. A ratio of the number of dwelling units to the gross land area unless otherwise stated.
DISTRICT. Any zone as shown on the zoning map of the town for which there are uniform regulations governing the use of buildings and premises or the height and area of buildings.
DISTRICT MAP. The official zoning map of the town, which is a part of this chapter. (See § 154.054.)
DWELLING. Any building, or portion thereof, which is designed or used exclusively for residential purposes.
DWELLING, MULTIPLE-FAMILY. A building or portion thereof designed for occupancy by three or more families.
DWELLING, SINGLE-FAMILY. A building designed for occupancy by one family.
DWELLING, TWO-FAMILY. A building designed for occupancy by two families.
DWELLING UNIT. One or more rooms in a building designed for occupancy by one family for living purposes and having its own cooking and sanitary facilities.
EFFICIENCY APARTMENT. A dwelling unit which has only one combined living and sleeping room, said dwelling unit, however, may also have a separate room containing only kitchen facilities and also a separate room containing only sanitary facilities.
ELIGIBLE FACILITIES REQUEST. Any request for modification of an existing tower or base station that does not substantially change the physical dimensions of such tower or base station, involving:
(1) Collocation of new transmission equipment;
(2) Removal of transmission equipment; or
(3) Replacement of transmission equipment.
ELIGIBLE SUPPORT STRUCTURE. Any tower or base station, provided that it is existing at the time the relevant application is filed with the town.
EXISTING. A constructed tower or base station is EXISTING for purposes of this chapter if it has been reviewed and approved under the town's zoning or siting process, or under another state or local regulatory review process, provided that a tower that has not been reviewed and reviewed because it was not in a zoned area when it was built, but was lawfully constructed, is existing for purposes of this chapter.
FAMILY.
(1) An individual or two or more persons related by blood, marriage, or adoption and usual servants, living together as a single housekeeping unit in a dwelling unit; or
(2) Not more than four persons, who need not be related, living together as a single housekeeping unit within a dwelling.
GARAGE, PRIVATE. Any accessory building or portion of a main building designed or used for the storage of not more than three motor-driven vehicles, 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, REPAIR. A building or portion thereof, other than a private or storage garage, designed or used for servicing, repairing, equipping, hiring, selling, or storing motor-driven vehicles.
HOME OCCUPATIONS.
(1) Any occupation or profession carried on by a member of a family, residing on the premises, and which is clearly incidental to the use of the structure for dwelling purposes and which does not change the exterior character of the premises in any way. This activity shall not generate pedestrian or vehicular traffic beyond that normal to the district in which it is located, and further there shall be no signs, buildings, or structures other than those permitted in the district. Neither shall the occupation or profession be advertised visually.
(2) A carport or garage may not be used for home occupations without Town Council approval. There shall be no use of material or mechanical equipment not recognized as being part of normal household or hobby use. HOME OCCUPATION shall include the use of premises by a physician, surgeon, dentist, lawyer, clergyman, or other professional persons for consultation or emergency treatment, but not for the general practice of his or her profession.
(3) No offensive noise, vibration, smoke, dust, odors, heat, or glare shall be produced, and the activity shall be limited to the house between 7:00 a.m. and 10:00 p.m.
HOSPITAL. A facility for the general and emergency treatment of human ailments, with bed care and shall include sanitarium and clinic, convalescent or nursing home, maternity home, and homes for the aged.
HOTEL. A building in which lodging is provided and offered to the public for compensation for five or more persons and which is open to transient guests.
INSTITUTION. A building or buildings occupied by a nonprofit corporation or a nonprofit establishment for public use.
JUNKYARD. The use of a lot, or portion thereof, for the storage, keeping, or abandonment of junk, dismantled automobiles, or other vehicles, or machinery, or parts thereof including scrap metals, rags, or other scrap materials.
KENNEL. Any establishment at which dogs and cats are bred or raised for sale, or boarded, cared for, commercially or on a nonprofit basis, exclusive of dental, medical, or surgical care, or for quarantine purposes.
LANDSCAPED AREA. An area which has been improved through the harmonious combination and introduction of trees, shrubs, and ground cover, and which may contain natural topping material such as boulders, rock, stone, granite, or other approved material. The area shall be void of any asphaltic or concrete pavement except where walks are allowed.
LAUNDRY SELF-SERVICE. Establishments primarily engaged in the operation of coin-operated or similar self-service laundry and dry cleaning equipment for use on the premises.
LOT. A legally created parcel of land occupied or intended for occupancy by one main building together with its accessory building, and uses customarily incidental to it, including the open spaces required by this chapter and having its principal frontage upon a street as defined in this chapter.
LOT AREA. The area included within lot lines after all right-of-way dedications have been made as required by the town’s right-of-way standards.
LOT, CORNER. A lot adjoining two or more streets at their intersections.
LOT, DEPTH OF. The 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, INTERIOR. A lot other than a corner lot or key 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 LENGTH. The length (or depth) of a lot shall be:
(1) If the front and rear lines are parallel, the shortest distance between such lines;
(2) If the front and rear lines are not parallel, the shortest distance between the midpoint of the front line and the midpoint of the rear lot line; or
(3) If the lot is triangular, the shortest distance between the front lot line and a line parallel to the front lot line, not less than ten feet long lying wholly within the lot.
LOT LINE.
(1) FRONT. The front property line of a lot shall be determined as follows.
(a) CORNER LOT. The front property line of a corner lot shall be the shorter of the two lines adjacent to the streets as originally platted or laid out. Where the lines are equal, the front line shall be that line which is obviously the front by reason of the prevailing custom of the other buildings in the block. If such front is not evident, then either may be considered the front of the lot but not both.
(b) INTERIOR LOT. The front property line of an interior lot shall be the line bounding the street frontage.
(c) THROUGH LOT. The front property line of a through lot shall be that line which is obviously the front line by reason of the prevailing custom of the other buildings in the block. Where such front property line is not obviously evident, the Board of Adjustment shall determine the front property line. Such a lot over 200 feet deep may be considered, for the purpose of this definition, as two lots each with its own frontage.
(2) REAR. The rear property line of a lot is that lot line opposite to the front property line. Where the side property lines of a lot meet in a point, the rear property line shall be assumed to be a line not less than ten feet long, lying within the lot and parallel to the front property line. In the event that the front property line is a curved line, then the rear property line shall be assumed to be a line not less than ten feet long, lying within the lot and parallel to a line tangent to the front property line at its midpoint.
(3) SIDE. The side property lines of a lot are those lot lines connecting the front and rear property lines of a lot.
LOT LINES. 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 Clerk of Maricopa County Recorder’s Office, or parcel of land, the deed of which is recorded in the office of the County Recorder.
LOT WIDTH.
(1) The width of a lot shall be:
(a) If the side property lines are parallel, the shortest distance between these side lines; or
(b) 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.
(2) LOT WIDTH shall mean, in the case of irregularly shaped lots, lots having side lot lines not parallel, or lots on the curve of a street, the distance between side lot lines measured 30 feet behind the required minimum front setback line parallel to the street or street chord.
MANUFACTURING. The fabricating or assembling of materials into finished or partially finished products by hand or by the use of machinery.
MEANINGFUL OPEN SPACE. Space which can be enjoyed by people. This could include landscaped plazas, grass and trees, fountains, sitting areas, and the like, and is meant to provide an open garden atmosphere. MEANINGFUL 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.
MOBILE HOME. A movable dwelling over 40 feet in length and over eight feet wide, constructed to be towed on its own chassis and designed so as to be installed with or without a permanent foundation for human occupancy as a residence.
MOBILE HOME SPACE. A plot of ground within a mobile home park designed for the accommodation of one mobile home or trailer coach.
MOTEL. See HOTEL.
NON-CLIMBABLE. Not easily climbed by a young child; not having a ladder or horizontal rung effect by which a young child can gain uninvited access to the top nor having vertical openings through which a four-inch sphere can pass.
NON-CONFORMING BUILDING. A building or portion thereof which was lawful when established but which does not conform to a subsequently established district or district regulations.
NON-CONFORMING LOT. A parcel of land of record and legal prior to the effective date of this chapter, having less area, frontage, or dimensions than required in the district in which it is located.
NON-CONFORMING USE. A legal use of any building or land at the time of passage of this chapter or amendment thereto which does not conform after passage of this chapter or amendment thereto with the use regulations of the district in which located.
NURSERY SCHOOL. See DAY CARE SCHOOL.
PARKING. Off-street parking with access from streets or secondary means or as approved by subdivision plat.
PARKING LOT, COMMERCIAL. Any lot upon which members of the general public operating a motor vehicle upon said lot and parking thereon may be required to pay a charge or fee for said usage to the owner of the lot or his or her agent.
PARKING SPACE. A permanently surfaced area, enclosed or unenclosed, having a minimum width of nine feet and an area of not less than 180 square feet which will accommodate a car.
PATIO HOME. An attached or detached single-family dwelling constructed with no side yard on one side of the lot.
PERMITTED USE. A use specifically permitted or a use analogous to those specifically permitted in this chapter.
PRE-SCHOOL. See DAY CARE SCHOOL.
PROFESSIONAL USE. The rendering of a service of a professional nature by:
(1) Architects, engineers, and surveyors, who are licensed by the State Board of Technical Registration;
(2) Doctors, osteopaths, and dentists, who are licensed by the state;
(3) Lawyers, who are admitted to practice before the courts of the state; or
(4) Accountants, who are members of the Arizona Society of Certified Public Accountants and/or the Arizona Association of Accountants, Incorporated.
PROHIBITED USE. A use not specifically permitted or a use analogous to those not specifically permitted.
RECREATIONAL VEHICLE. A vehicle eight feet or less in width and 40 feet or less in length primarily designed as temporary living quarters for recreational camping or travel use and not designed for permanent residential or commercial purposes, with either its own motive power or mounted on or drawn by another vehicle.
RESIDENTIAL FACILITY. A home in which persons with development disabilities live and which is licensed, operated, supported, or supervised by the state. DEVELOPMENTAL DISABILITY shall mean autism, cerebral palsy, epilepsy, or mental retardation.
REST HOME. See HOSPITAL.
RESTAURANT. An establishment whose primary business is the serving of food to the public for compensation.
RESTAURANT, DRIVE-IN. Any building or structure where food and drink are served for consumption on the premises by order from and service to vehicular passengers outside the structure.
RESTAURANT, DRIVE-THROUGH. Any building or structure where food and drink are served for consumption within the building or off the premises by order from vehicular passengers outside the structure, including, but not limited to, services from an outdoor service window.
RETAIL. A sale for any purpose other than for resale in the form of tangible personal property.
ROOMING HOUSE. See BOARDING HOUSE.
SCHOOL or COLLEGE. Unless otherwise specified, private or public places of general instruction, but shall not include day care schools, dancing schools, riding academies, or 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.
SHOPPING CENTER. A group of facilities for commercial use, planned and designed for the site on which it is built, functioning as a unit, with, common off-street parking, landscaped areas, and pedestrian malls or plazas provided on the property as an integral part of the unit.
SIGNS.
(1) SIGN. Any device (visible beyond the boundaries of the property upon which located) providing identification, advertising, or directional information for a specified business, service, product, person, organization, place, or building. Included in this definition as signs are graphic devices such as logos, attention-attracting media such as banners or logo sculpture, and obtrusive, colored fascia or architectural element.
(2) SIGN AREA. That area in square feet of the smallest geometric figure or combination of regular geometric figures which figure or figures entirely enclose both the copy and the facing of the sign.
(3) SIGN, ADVERTISING. A sign which includes any copy and/or graphics related to any service, product, person, business, place, activity, or organization in addition to simple identification, excluding directional information.
(4) SIGN, BANNER. Temporary sign of fabric, plastic, paper, or other light pliable material not enclosed in a rigid frame but mounted as to allow movement of the sign by wind movements.
(5) SIGN, CONSTRUCTION. Any temporary sign erected on the premises of an existing construction project and designating the architect, contractor, designer, engineer, building, financier, or the name and the nature of the project.
(6) SIGN, DIRECTIONAL. A sign that does not contain either identification or advertising copy, but includes pertinent information, including assistance in the flow of traffic.
(7) SIGN, FASCIA. A sign which is permanently affixed to the horizontal piece covering the joint between the top of a wall and the projecting eaves of the roof.
(8) SIGN, FREESTANDING. An identification sign which is erected of or mounted upon its own self-supporting permanent structure, detached from the supportive elements of a building.
(9) SIGN, HEIGHT. Distance from the top of curb, or crown of road where no curb exists, to the top of the highest point of the sign or sign structure.
(10) SIGN, IDENTIFICATION. A sign that includes, as copy, only the name of the business, place, organization, building, or person it identifies and not containing any advertising copy.
(11) SIGN, ILLUMINATED. Any sign with a surface lighted internally or externally.
(12) SIGN, PORTABLE. Sign not permanently affixed to the ground.
(13) SIGN, ROOF. Any sign erected upon the roof or structure of any building which is partially or totally supported by the roof.
(14) SIGN, STRUCTURE. Any portion of a sign, including the supports and framework of the sign.
(15) SIGN, TEMPORARY. Any sign, banner, pennant, valance of advertising display constructed of cloth, canvas, light fabric, cardboard, wallboard, or other like materials, with or without frames, and any type sign not permanently attached to the ground, wall, or building, intended to be displayed for a short period of time not to exceed 30 days.
(16) SIGNS, WALL. Any sign placed or painted directly upon or attached to the exterior, front, rear, or side wall of any building or structure.
SITE. For towers other than towers in the public rights-of-way, the current boundaries of the leased or owned property surrounding the tower and any access or utility easements currently related to the site, and, for other eligible support structures, further restricted to that area in proximity to the structure and to other transmission equipment already deployed on the ground.
SLEEPING ROOM. A room, other than a guest room, in which no cooking facilities are provided.
STORY. The 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 top most floor and the ceiling or roof above. If the finished floor level directly above a basement, cellar, or unused underfloor space is more than six feet above the 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, such basement, cellar, or unused underfloor space shall be considered as a STORY.
STREET. A dedicated public or private passageway which affords a principal means of access to abutting property.
STRUCTURAL ALTERATIONS. Any change in the supporting members of a building such as bearing walls or partitions, columns, beams, or girders, or any complete rebuilding of the roof.
STRUCTURE. Any 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.
STRUCTURE, TEMPORARY. Any piece of work which is readily movable, and used or intended to be used for a period not to exceed 90 consecutive days. Such STRUCTURE shall be subject to all applicable property development standards for the district in which it is located.
SUBSTANTIAL CHANGE. A modification substantially changes the physical dimensions of an eligible support structure if it meets any of the following criteria:
(1) For towers other than towers in the public rights-of-way, it increases the height of the tower by more than 10% or by the height of one additional antenna array with separation from the nearest existing antenna not to exceed 20 feet measured from the bottom of the additional antenna, whichever is greater; for other eligible support structures, it increases the height of the structure by more than 10% or more than ten feet, whichever is greater.
(2) For towers other than towers in the public rights-of-way, it involves adding an appurtenance to the body of the tower that would protrude from the edge of the tower more than 20 feet, or more than the width of the tower structure at the level of the appurtenance, whichever is greater; for other eligible support structures, it involves adding an appurtenance to the body of the structure that would protrude from the edge of the structure by more than six feet.
(3) For any eligible support structure, it involves installation of more than the standard number of new equipment cabinets for the technology involved, but not to exceed four cabinets; or, for towers in the public rights-of-way and base stations, it involves installation of any new equipment cabinets on the ground if there are no pre-existing ground cabinets associated with the structure, or else involves installation of ground cabinets that are more than 10% larger in height or overall volume than any other ground cabinets associated with the structure. "Equipment cabinet" does not include small pieces of equipment such as remote radio heads/remote radio units, amplifiers, transceivers mounted behind antennas, and similar devices if they are not used as physical container for smaller, distinct devices.
(4) It entails any excavation or deployment outside the current site.
(5) It would defeat the concealment elements of the eligible support structure. In order for a modification to be substantial, the proposed modification must cause a reasonable person to view the intended stealth deign as no longer effective after the modification. The original approval of the stealth design must explicitly state that the stealth elements are' conditions of that approval.
(6) It does not comply with conditions associated with the siting approval of the construction or modification of the eligible support structure or base station equipment, provided however that this limitation does not apply to any modification that is non-compliant only in a manner that would not exceed the thresholds identified in divisions (1) through (5) above.
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.
TOWER. Any structure built for the sole or primary purpose of supporting any FCC-licensed or authorized antennas and their associated facilities, such as transmitting towers and wireless facilities.
TOWN. The Town of Guadalupe, Arizona.
TOWNHOUSE. A single-family dwelling with party walls and no side yards between abutting dwellings.
TRAILER COACH. See RECREATIONAL VEHICLE.
TRANSMISSION EQUIPMENT. Equipment that facilitates transmission for any FCC-licensed or authorized wireless communication service, including, but not limited to, radio transceivers, antennas, coaxial or fiber-optic cable, and regular and backup power supply. The term includes equipment
associated with wireless communications services including, but not limited to, private, broadcast, and public safety services, as well as unlicensed wireless services and fixed wireless services such as microwave backhaul.
TRANSMITTING TOWER. An unmanned structure that transmits or receives communications by electromagnetic or optical means, such as a radio antenna, television antenna, radar station, or microwave tower, but excluding wireless facilities.
UNIT DENSITY. The ratio between land area and the dwelling units within the project.
USE. The purpose for which land or building is occupied, or maintained, arranged, designed, or intended.
USE, ACCESSORY. A subordinate use customarily incident to and conducted on the same lot with the principal use or building including bona fide household employees’ quarters.
USE PERMIT, CONDITIONAL. A permit granted to a property owner by the Council to conduct a use allowed as a conditional use in a zoning district subject to a use permit. A use permit may be granted at the discretion of the Town Council after a public hearing.
VARIANCE. A modification of the terms of the zoning ordinance granted by the Board of Adjustment upon a finding that strict enforcement of the ordinance would cause undue hardship owing to special circumstances applicable to the individual property, including its size, shape, topography, location, or surroundings, for which the VARIANCE is granted and not caused by the applicant for said variance.
WALL. Any structure or device required by this chapter 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 said 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.
WAREHOUSE. A building or building used for the storage of goods of any type, and where no retail operation is conducted.
WIRELESS COMMUNICATIONS FACILITY OR WIRELESS FACILITY. A facility used exclusively for the transmission and reception of radio or microwave signals used for commercial communications. A WIRELESS COMMUNICATION FACILITY is generally composed of the following components: at least one antenna; a support structure, which may be a tower or which may be a structure (such as, without limitation, a building or a light pole) constructed primarily for purposes other than supporting an antenna; and, in some cases, an equipment building.
(1) WIRELESS FACILITY, ALTERNATIVE STRUCTURE. A wireless facility that is either:
(a) Virtually invisible to the casual observer, such as an antenna behind louvers on a building, or located inside a clock tower, steeple, or similar structure; or
(b) Camouflaged with stealth design to blend in with surroundings to the extent that it is indistinguishable by the casual observer from the structure on which it is placed or the surroundings in which it is located, such as structures commonly referred to as "mono-palms," "mono-pines" or "flag pole" designs. Other stealth designs may be available subject to approval by the Town Manager.
(2) WIRELESS FACILITY, FREESTANDING. A self-supported structure, including monopoles, lattice towers, guyed wireless facilities and alternative structures, designed for use as a wireless facility.
(3) WIRELESS FACILITY, GUYED. A wireless facility that is supported by the use of cables (guy wires) that are permanently anchored to the ground and designed to support wireless antennas. GUYED WIRELESS FACILITIES shall not be considered alternative structures.
(4) WIRELESS FACILITY, LATTICE TOWER. A tower that is self-supporting with multiple legs and cross bracing of structural steel and that is designed to support wireless facilities. LATTICE WIRELESS FACILITIES shall not be considered alternative structures.
(5) WIRELESS FACILITY, MONOPOLE. A single, upright pole, engineered to be self-supporting and requiring no guy wires or lateral cross-members, that is designed to support wireless antennas. MONOPOLES are not alternative structures.
(6) WIRELESS FACILITY, SMALL. Has the same definition as in the Wireless Facilities in Right-of-Way Standard Terms and Conditions adopted pursuant to § 155.03 of the Town Code.
(7) WIRELESS FACILITY, STRUCTURE-MOUNTED. A wireless facility that is located on an existing non-residential building.
WHOLESALE. The sale of tangible personal property for resale by a licensed retailer for consumption by the ultimate purchaser.
YARD. An open space at grade level between a building and the adjoining lot lines, unoccupied and unobstructed by any portion of a structure from the ground upward, except as otherwise provided herein, and the width of a side yard, the depth of a front yard, or depth of a rear yard, measured as the minimum horizontal distance between the lot line and the main building shall be used.
YARD, FRONT. An open unoccupied space on the same lot with a main building, extending the full width of the lot and situated between the street line and the front line of the building projected to the side lines of the lot. The FRONT YARD on a residential corner lot is the yard adjacent to the shorter street frontage. The FRONT YARD of a commercial corner lot is the yard adjacent to the major street as determined by the Town Engineer. The FRONT YARD of a double frontage lot shall be maintained adjacent to both street frontages.
YARD, REAR. An open space on the same lot with a main building between the rear line of the principal building and the rear line of the lot extending the full width of the lot.
YARD, SIDE. An open unoccupied space on the same lot with a main building situated between the building 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.
ZONING ADMINISTRATOR. The Town Manager, or his or her agent, responsible for the enforcement of the zoning ordinance of the town.
(Zoning Code, Art. I Part IV) (Ord. O2020.26, passed 8-27-2020)