§ 14.06.03 DEFINITIONS.

   This section provides definitions of terms and phrases used in this Development Code that are technical or specialized, or that may not reflect common usage. If any of the definitions in this § 14.06.03 conflict with definitions in other provisions of the Municipal Code, these definitions shall control for the purposes of this Development Code. If a word is not defined in this section, or in other provisions of the Lake Havasu City Municipal Code, the Zoning Administrator shall determine the correct definition based on the purpose of the Development Code provision in question. As used in this Development Code, the following terms and phrases shall have the meaning ascribed to them in this section, unless the context in which they are used clearly requires otherwise.

   A.   Definitions, “A.”

      ACCESSORY DRIVE-IN/DRIVE-THROUGH. Facilities where services may be obtained by motorists without leaving their vehicles. These facilities include but are not limited to drive-up windows for bank teller, dry cleaners, general retail, and restaurants. This use does not include: automatic teller machines (ATMs) or automobile service stations, or car washes, which are separately defined.

      ACCESSORY DWELLING UNIT. A subordinate dwelling unit added to, created within, or detached from a single-family residence, without interior access to the primary dwelling, but located on the same lot or parcel as the primary residential structure. Either the primary or accessory dwelling unit must be occupied by the owner of the property.

      ACCESSORY HELIPORT. A landing area or other or other ground level or elevated facility designed, used, or intended to be used for the landing or taking off of helicopters, and that is incidental and subordinate to the primary use of that parcel of land.

      ACCESSORY HOME OCCUPATION. The conduct of a business within a dwelling unit or residential site, employing occupants of the dwelling, with the business activity being subordinate to the residential use of the property.

      ACCESSORY NAVIGATIONAL USE. Includes buoys and similar navigational markers.

      ACCESSORY OUTDOOR DINING. An outdoor eating and drinking area that is associated with and incidental and subordinate to a primary use of that parcel of land. This use may include removable tables, chairs, planters, or similar features and equipment.

      ACCESSORY OUTDOOR RETAIL SALES. An unenclosed area for the retail sale of merchandise or other activities related to but subordinate to the permitted principal use.

      ACCESSORY RESIDENTIAL CARE HOME. A home occupation related to a residential dwelling that provides residential social or personal care, custody, or treatment for 6 or fewer individuals, not related to the operator and with limited ability for self-care, but where medical care is not a major element. Convalescent homes, nursing homes, and similar facilities providing medical care are included under the definition of LONG-TERM MEDICAL CARE FACILITY.

      ACCESSORY RESIDENTIAL RECREATION FACILITIES. Privately-owned, non-commercial outdoor recreation facilities provided for members or project/neighborhood residents, including swim and tennis clubs, park, and sport court facilities that are accessory and subordinate to a primary land use.

      ACCESSORY STRUCTURE, NOT FOR OCCUPANCY. A structure that is physically detached from, secondary and incidental to, and commonly associated with the primary structure, but not designed or used for human occupancy. For the purposes of this Development Code, ACCESSORY STRUCTURES AND USES include: detached garages, greenhouses, artist's studios, and workshops; and any other open air enclosures, including gazebos and detached patio covers. These structures are not considered occupied structures for setback purposes. No kitchen or bedroom closets shall be allowed.

      ACCESSORY USES. A use customary use incidental to, related to, and clearly subordinate to a principal use established on the same lot, that does not alter the principal use nor serve property other than the lot where the principal use is located.

      ACCESSORY WATER-RELATED USES. Ticket booths, kiosks, piers, buoys, and similar uses, incidental and subordinate to the principal marine or water-related use.

      ADULT BUSINESS. An adult oriented business, as defined under state law (A.R.S. § 13-1422)(as amended and interpreted by the state courts) including adult retail and adult entertainment establishments offering their patrons products, services or entertainment characterized by an emphasis on matter depicting, describing or relating to “specified sexual activities” or “specified anatomical areas,” as defined in this Code and state law (A.R.S. § 11-811), but not including any use or activity, the regulation of which is preempted by state law. This use includes an adult bookstore or video store, adult hotel or motel, adult motion picture theater, adult arcade, adult cabaret, and escort agency, a nude model studio, as those terms may be defined in state law (A.R.S. § 11-811), and as amended and interpreted by state courts, or any other similar business or establishment.

      ADULT ENTERTAINMENT. A commercial establishment that predominately features, films, live entertainment, or services characterized by the exposure of “specified anatomical areas” or involving “specified sexual activities” or “specified anatomical areas” as defined in this Code and state law (A.R.S. § 11-811). This use includes but is not limited to adult motion picture theaters, adult arcades, cabarets, adult theaters, message establishments offering adult service, and nude model studio, as those terms may be defined in state law (A.R.S. § 11-811) and as amended and interpreted by state courts.

      ADULT RETAIL. A commercial establishment having as a substantial and significant portion of its stock and trade focused on any one or more of the following: (a) Books, magazines, periodicals, or other printed matter, or photographs, films, motion pictures, video cassettes or video reproductions, slides or other visual representations that are characterized by their emphasis on matters depicting or describing “specified sexual activities” or “specified anatomical areas,” as defined in state law, or (b) Instruments, devices, or paraphernalia that are designed or intended for use in connection with “specified sexual activities” as defined in this Code and state law (A.R.S. § 11-811). This use includes but is not limited to adult bookstores and video stores, as those terms may be defined in state law (A.R.S. § 11-811), and as amended and interpreted by state courts.

      AGENT. A person authorized in writing by the property owner to represent and act for a property owner in contacts with city employees, committees, boards, commissions, and the Council, regarding matters regulated by this Development Code.

      AGRICULTURE. The raising of food and feed crops and products, and including tree and vine products; animal husbandry including beekeeping, poultry, and pasturage and the like, but excluding commercial feed lots, fur farms, kennels, and boarding and riding stables. It includes the ordinary accessory uses and structures for preparing, treating, and storing products, equipment and machinery, provided, however, that the operation of any such accessory uses shall be secondary to that of ordinary agricultural activities.

      AIRPORT OVERLAY ZONING DISTRICT. The technical terms and phrases used in § 14.02.06B. are defined as follows.

      •   AIRPORT. Lake Havasu City municipal airport.

      •   AIRPORT ELEVATION. Seven hundred eighty-three feet above mean sea level.

      •   APPROACH SURFACE. A surface longitudinally centered on the extended runway center line, extending outward and upward from the end of the primary surface and at the same slope as the approach zone height limitation slope set forth in § 14.02.06B. In plan, the perimeter of the approach surface coincides with the perimeter of the approach zone.

      •   CONICAL SURFACE. A surface extending outward and upward from the periphery of the horizontal surface at a slope of 20:1 for a horizontal distance of 4,000 feet.

      •   HAZARD TO AIR NAVIGATION. An obstruction determined to have a substantial adverse effect on the safe and efficient utilization of the navigable airspace.

      •   HORIZONTAL SURFACE. A horizontal plane 150 feet above the established airport elevation, the perimeter of which in plan coincides with the perimeter of the horizontal zone.

      •   LARGER THAN UTILITY RUNWAY. A runway that is constructed for and intended to be used by propeller-driven aircraft of greater than 12,500 pounds maximum gross weight and by jet-powered aircraft.

      •   NONCONFORMING USE. When used in the context of the Airport Overlay District, any preexisting structure, object of natural growth, or use of land that is inconsistent with the provisions of this section or an amendment thereto.

      •   NONPRECISION INSTRUMENT RUNWAY. A runway having an existing instrument approach procedure utilizing air navigation facilities with only horizontal guidance, or area type navigation equipment, for which a straight-in nonprecision instrument approach procedure has been approved or planned.

      •   OBJECTS AFFECTING NAVIGABLE AIRSPACE. Objects as defined by FAR (Federal Aviation Regulation) Part 77.

      •   OBSTRUCTION. Any structure, growth or other object, including a mobile object, that exceeds a limiting height set forth in § 14.02.06B.

      •   PRECISION INSTRUMENT RUNWAY. A runway having an existing instrument approach procedure utilizing an Instrument Landing System (ILS) or a Precision Approach Radar (PAR). It also means a runway for which a precision approach system is planned and is so indicated on an approved airport layout plan or any other planning document.

      •   PRIMARY SURFACE. A surface longitudinally centered on a runway. When the runway has a specially prepared hard surface, the PRIMARY SURFACE extends 200 feet beyond each end of that runway; for military runways or when the runway has no specially prepared hard surface or planned hard surface, the PRIMARY SURFACE ends at each end of the runway. The width of the PRIMARY SURFACE is set forth in § 14.02.06B.1. The elevation of any point on the PRIMARY SURFACE is the same as the elevation of the nearest point on the runway centerline.

      •   RUNWAY. A defined area on an airport prepared for landing and takeoff of aircraft along its length.

      •   TRANSITIONAL SURFACES. Surfaces that extend outward at 90-degree angles to the runway centerline and the runway centerline extended at a slope of seven feet horizontally for each foot vertically from the sides of the primary and approach surfaces to where they intersect the horizontal and conical surfaces. TRANSITIONAL SURFACES for those portions of the precision approach surfaces that project through and beyond the limits of the conical surface extend a distance of 5,000 feet measured horizontally from the edge of the approach surface and at 90-degree angles to the extended runway centerline.

      •   TREE. For purposes of the Airport Overlay District, any object of natural growth.

      •   UTILITY RUNWAY. A runway that is constructed for and intended to be used by propeller-driven aircraft of 12,500 pounds maximum gross weight and less, i.e., airport approach categories A and B.

      •   VISUAL RUNWAY. A runway intended solely for the operation of aircraft using visual approach procedures.

      ALCOHOL BEVERAGE SALES. The retail sale of beer, wine, and/or other alcoholic beverages for on- or off-premise consumption.

      ALLEY. A public or private roadway, typically 30 feet wide, that provides vehicle access to the rear or side of lots having other public street frontage that is not intended for general traffic circulation.

      ALTERATION. Any construction or physical change in the internal arrangement of rooms or the supporting members of a structure, or a change in the external appearance of any structure, not including painting.

      ANIMAL CARE AND BOARDING. A commercial establishment providing boarding, grooming, training, day care, and other indoor, non-medical services for domestic pets, primarily dogs and cats, and other small animals (e.g., rabbits). Outdoor facilities, including runs and exercise yards are generally not included in this use. This use includes but is not limited to animal training, day care, and kennels, but does not include a veterinary hospital.

      ANTENNA. One or more rods, panels, discs or similar devices used for the transmission or reception of radio or electromagnetic frequency signals. Related definitions include:

      •   OMNI-DIRECTIONAL ANTENNA (“WHIP” ANTENNA). Transmits and receives radio frequency signals in a 360 degree radial pattern. For the purpose of this Development Code, an OMNI-DIRECTIONAL ANTENNA is up to 15 feet in height and up to 7 inches in diameter.

      •   DIRECTIONAL ANTENNA (“PANEL” ANTENNA). Transmits and receives radio frequency signals in a specific directional pattern of less than 360 degrees.

      •   PARABOLIC ANTENNA (“DISH” ANTENNA). A bowl-shaped device for the reception and transmission of radio frequency signals in a specific directional pattern. Also referred to as a SATELLITE DISH.

      APARTMENT. See DWELLING, MULTI-FAMILY.

      APPROVAL. Includes both approval and approval with conditions.

      ARCADE. A series of columns topped by arches that support a permanent roof over a sidewalk.

      ARCHITECTURAL FEATURES. Exterior building features including roofs, windows, doors, porches, and the like.

      ART, ANTIQUE, COLLECTIBLE AND GIFT STORES. Retail sales uses including antique shops, art galleries, curio, gift, and souvenir shops, and the sales of collectible items including sports cards and comic books.

      ARTISAN SHOPS. A retail store selling art glass, ceramics, jewelry, paintings, sculpture, and other handcrafted items, where the facility includes an area for the crafting of the items being sold.

      AUTOMATED TELLER MACHINES (ATM). Computerized, self-service machines used by banking customers for financial transactions, including deposits, withdrawals and fund transfers, without contact with financial institution personnel.

      AUTOMOBILE DISMANTLING YARDS. See SCRAP, AND DISMANTLING YARDS.

      AWNING. A flexible roof-like cover that extends out from an exterior wall and shield a window, doorway, sidewalk, or other spaces below from the elements. See SIGN, AWNING SIGN for graphic illustration.

   B.   Definitions, “B.”

      BALCONY. An open portion of an upper floor extending beyond (or indented into) a building’s exterior wall.

      BAR OR NIGHTCLUB. An establishment providing alcoholic beverage service as the principal use, and that may permit dancing and provide entertainment. Food service may be provided as a secondary use. This use may include the brewing of beer as part of a brew pub or micro-brewery, but does not include any adult retail or adult entertainment use.

      BASE ELEVATION. When used for purposes of determining lot elevations for grading permits for 1- and 2-family dwellings, the base elevation is the elevation of the centerline of the street opposite the front lot corner that provides the highest street elevation. In the case of a flag lot, the base elevation is the elevation of the highest corner of the main, buildable portion of the lot (ignoring the access driveway). All elevations shall be referenced to an assumed base elevation of 100 feet.

      BASE STATION. For purposes of telecommunications facility regulations, equipment and non-tower supporting structure at a fixed location that enable Federal Communications Commission-licensed or authorized wireless communications between user equipment and a communications network under the federal Telecommunications Act and the Middle Class Tax Relief and Job Creation Act (as amended and interpreted by the federal courts). This includes any equipment associated with wireless communications service including, but not limited to, radio transceivers, antennas, coaxial or fiber-optic cable, regular and backup power supply, and comparable equipment (i.e., transmission equipment).

      BASEMENT. Any building level completely below the grade of the building areas as established in compliance with this Development Code and Chapter 12.16 of the Municipal Code entitled “grading;” provided, that 40% of the wall area is below the intersection of the walls with natural grade as determined before construction. In residential areas basements may serve any residential function; provided, all other Municipal Code requirements are met.

      BED AND BREAKFAST. An establishment operated in a private residence or portion of a private dwelling unit that provides temporary accommodations to overnight guests for a fee and that is occupied by the operator of such establishment.

      BOARD OF ADJUSTMENT. The board established by this Development Code.

      BOAT DOCK. A structure built over or floating on water used as a launching, landing, or mooring place for boats and for other recreational uses by the general public.

      BUILDING. See STRUCTURE.

      BUILDING MATERIAL STORES. Retail establishments selling lumber and other large building materials, where most display and sales occur indoors. Building material sales includes but is not limited to paint, wallpaper, glass, fixtures, electrical, plumbing, heating, and air conditioning equipment and supplies.

      BUSINESS, ART, OR VOCATIONAL SCHOOL. A school, other than a college or university, that provides specialized training and education beyond the high school level, principally in the business, visual, performance, or vocational arts, that does not provide lodging or dwelling units for students or faculty, and that has programs that typically result in the awarding of a certificate. This use includes but is not limited to music conservatories, studios for the arts, painting, music, dance, photography, and drafting studios that are not accessory home occupations.

   C.   Definitions, “C.”

      CANOPY. An awning like projection from a wall that is made of rigid materials and is permanently attached to the principal façade of a building.

      CAR WASHES. Permanent, self-service and/or attended car washing establishments, including fully mechanized facilities. May include detailing services.

      CARETAKER HOUSING. A residence that is accessory to a nonresidential primary use of the site, where needed for security, or 24-hour care or supervision.

      CEMETERY OR MAUSOLEUM. A building or open areas used for the burial or permanent storage of human remains.

      CHEMICAL PRODUCT MANUFACTURING. Manufacturing facilities that produce or use basic chemicals, and other establishments creating products predominantly by chemical processes. Facilities included in this definition manufacture 3 general classes of products:

      •   Basic chemicals, including acids, alkalis, salts, and organic chemicals;

      •   Chemical products to be used in further manufacture, including synthetic fibers, plastic materials, dry colors, and pigments; and

      •   Finished chemical products to be used for ultimate consumption, including drugs, cosmetics, and soaps; or to be used as materials or supplies in other industries including paints, fertilizers, and explosives.

      •   Also includes sales and transportation establishments handling the chemicals described above in other than one of the uses listed under retail uses in Table 3-1.

      CLUBS, LODGES, AND PRIVATE MEETING HALLS. Buildings and facilities owned or operated by a legal entity or association of persons, operating on a membership basis, for social, civic, cultural, religious, literary, political, recreational, professional or other similar purposes to promote the interests of its members, but not operated primarily for profit or to render a service that is customarily carried on as a business, or requires licensing by a governmental agency.

      COLLEGE OR UNIVERSITY. An institution of higher education authorized by the state to award baccalaureate or higher degrees, which may include on-site student, faculty, and/or employee housing facilities.

      COLLOCATION. The mounting or installation of an antenna on an existing tower, building or structure for the purpose of transmitting and/or receiving radio frequency signals for communications purposes, under the federal Telecommunications Act and Middle Class Tax Relief and Job Creation Act (2012) (as amended and interpreted by the federal courts).

      COMMERCIAL CENTER. A group of non-residential business and service uses on a single site with common parking facilities.

      COMMISSION. See PLANNING COMMISSION.

      COMMUNITY CENTER. A multi-purpose facility used for recreational, social, educational, and cultural activities and meetings. This definition includes private not-for-profit, and publicly owned and operated facilities available for public use. These facilities typically consist of 1 or more meeting or multi-purpose rooms, a kitchen, and/or outdoor barbecue facilities used for activities such as dances, meetings, parties, and receptions.

      COMMUNITY GARDENS. A public or not-for-profit area for the cultivation of fruits, flowers, vegetables, or ornamental plants by more than one person or family, who share the crops.

      CONDITIONAL USE PERMIT (AND MINOR CONDITIONAL USE PERMIT). A discretionary entitlement, which is subject to review and decision by the Director or the Commission, that may allow a use that is only allowable by the granting of the discretionary permit, in compliance with § 14.05.04G.

      CONDOMINIUM. An interest in real property consisting of an undivided interest in common in a portion of a parcel of real property together with a separate interest within space in a residential, commercial, or employment structure on the real property. In addition, a CONDOMINIUM may include a separate interest in other portions of the real property.

      CONFERENCE FACILITY. A facility used for service, business, or professional conferences, seminars, training programs, and similar events. The facility may be either freestanding or incorporated into a hotel or office facility and may include eating and drinking establishments.

      CONTINUING CARE RETIREMENT COMMUNITY. A large-scale facility or integrated group of facilities that provides retirement-age persons a continuum of accommodations and care, from independent living to convalescence care and long-term skilled nursing care. This use typically includes a full range of living arrangements from independent living, congregate housing, residential care and skilled nursing and sometimes hospice care. It also provide a range of ancillary facilities and services such as health care, meals with common dining facilities, physical therapy, education, recreation, and other social and cultural activities.

      CONTRACTOR STORAGE YARDS. Storage yards to store contractor equipment and supplies.

      CONVENIENCE STORES. Retail stores of 3,500 square feet or less in gross floor area, which carry a range of merchandise oriented to convenience and travelers’ shopping needs. These stores may be part of a service station or an independent facility.

      CORNICE. A decorative horizontal feature that projects outward near the top of an exterior wall.

      CUT-OFF ANGLE. The angle formed by a line drawn from the direction of light rays at the light source and a line perpendicular to the ground from the light source above from which no light is emitted.

   D.   Definitions, “D.”

      DAY CARE FACILITY. State approved facilities for the non-medical care, protection, and supervision of more than 5 children or adults, on a regular basis, away from their primary residence, for less than 24 hours a day. Accessory uses may include offices, recreation areas, and parking.

      DENSITY. The number of housing units per gross acre, unless otherwise stated, for residential uses.

      DEPARTMENT. The Lake Havasu City Community Investment Department.

      DETACHED. Any structure that does not have a wall or roof in common with another structure.

      DEVELOPMENT. Any construction activity or alteration of the landscape, its terrain contour or vegetation, including the erection or alteration of structures. NEW DEVELOPMENT is any construction, or alteration of an existing structure or land use, or establishment of a land use, after the effective date of this Development Code.

      DEVELOPMENT CODE. The Lake Havasu City Development Code, Title 14 of the Lake Havasu City Municipal Code.

      DIRECTOR. The Lake Havasu City Community Investment Department Director, or a designee of the Director.

      DISTRICT. See ZONING DISTRICT.

      DRIVE-IN AND DRIVE-THRU SALES. Facilities where food or other products may be purchased by motorists without leaving their vehicles. These facilities include fast-food restaurants, drive-through coffee, dairy product, photo stores, and the like.

      DUPLEX. See DWELLING, 2-FAMILY DWELLING. A building or portion thereof designed for or occupied for residential purposes, including 1-family, 2-family, and multi-family dwellings, but not including hotels, motels, and trailers.

      DWELLING, CO-HOUSING. A residential development that combines individual owned dwelling units with smaller or partial kitchens and a larger community kitchen and dining room intended for communal use on a regular basis, and in which all residents agree to share in the provision of regular communal services such as cooking meals or providing child care.

      DWELLING, LIVE/WORK. An integrated housing unit and working space, occupied and used by a single household, in a building that has been designed or structurally modified to accommodate joint residential occupancy and work activity. This dwelling includes a complete kitchen space and sanitary facilities in compliance with the adopted Building Code; and working space reserved for and regularly used by 1 or more occupants of the unit.

      DWELLING, MULTI-FAMILY. One or more structures containing in total more than 2 dwelling units. This use includes assisted living facilities for which the State of Arizona does not require a license.

      DWELLING, SINGLE-FAMILY ATTACHED. A single-family dwelling attached to 1 or more dwellings or buildings by a common vertical fire-resistant side wall, with each dwelling located on its own separate lot.

      DWELLING, SINGLE-FAMILY DETACHED.  A residential building designed for and/or occupied exclusively by 1 family. A single-family dwelling also includes factory-built and manufactured homes on permanent foundations, constructed in compliance with the adopted Building Code.

      DWELLING, 2-FAMILY. A building containing 2 primary use dwelling units, with separate exterior entrances, designed to be occupied by 2 families living independently of each other. Dwelling units may be arranged side-by-side, 1 above the other, or 1 behind the other. Neither unit need be occupied by the owner of the dwelling structure. Also known as a DUPLEX.

      DWELLING UNIT. One or more rooms in a dwelling designed as a unit for occupancy by 1 family for living or sleeping purposes and having not more than 1 kitchen.

      DWELLING UNIT, EFFICIENCY. One or more rooms in a dwelling designed (1) as a unit for occupancy that has no partitioned or private sleeping area, (2) for occupancy by 1 family for living or sleeping purposes and (3) having no more than 1 kitchen.

   E.   Definitions, “E.”

      EASEMENT. A grant of 1 or more of the property rights by the property owner to and/or for the use by the public, a corporation or another person or entity. Public utility and drainage easements, which are dedicated in favor of the general public, are intended to serve as a grant of the right to use a strip of land for the installation and maintenance of utilities and drainage facilities as reserved and shown on a recorded plat.

      ELEMENTARY AND SECONDARY SCHOOL. An educational institution that satisfies the compulsory education laws of the State of Arizona for students in the elementary, middle school, or high school grades. This definition includes both public schools and private non-boarding schools that have a curriculum similar to that in the permitted public schools.

      ELIGIBLE FACILITIES REQUEST. For purposes of telecommunications facility regulations, the collocation, removal, replacement, and modification of transmission equipment on an existing wireless tower or base station, provided this action does not substantially change the physical dimensions of the tower or base station, under the Middle Class Tax Relief and Job Creation Act (2012) (as amended and interpreted by the federal courts). This includes structural enhancements involving the hardening of equipment when necessary for a covered collocation, replacement, or removal of transmission equipment, but does not include the replacement of the underlying structure.

      EMERGENCY SHELTER. Facilities for the temporary shelter and feeding of indigents or disaster victims, operated by a public or non-profit agency.

      ENLARGEMENT OF USE. The expansion of a land use activity on a site or within a structure so that the use/activity occupies more floor or site area.

      EQUESTRIAN FACILITIES. Commercial horse, donkey, and mule facilities including horse ranches, boarding stables, riding schools and academies, horse exhibition facilities (for shows or other competitive events), pack stations, and barns, stables, corrals and paddocks accessory and incidental to these uses.

      EQUIPMENT STRUCTURE. With respect to telecommunications facilities, a structure, shelter, cabinet, or vault used to house and protect the electronic equipment necessary for processing wireless communication signals. Associated equipment may include air conditioning, backup power supplies, and emergency generators.

      EXCEPTIONS. A wavier or adjustment to a specific development standard that is granted in a nondiscretionary manner with specified limits established by this Development Code.

      EXPRESSION LINE. A decorative horizontal feature that projects outward from an exterior wall to delineate the top of the first story of a building.

   F.   Definitions, “F.”

      FAA. The U.S. Federal Aviation Administration.

      FAMILY.  An individual or 2 or more persons related by blood or marriage, legal adoption, foster placement, or a group of not to exceed 6 persons (excluding servants) living together as a single housekeeping unit in a dwelling unit. This definition shall not be construed to prevent the occupancy of a single dwelling unit by any persons entitled to live together under the federal Fair Housing Act Amendments, or Arizona fair housing statutes, as interpreted by the courts, or 24-hour care to 6 or fewer persons (a residential facility) protected under the federal Fair Housing Act (as amended and interpreted by the federal courts) or the laws of the State of Arizona. The limitation of 6 or fewer persons does not include the operator of a residential facility, members of the operator’s family, or persons employed as staff, except that the total number of all persons living at the residential facility shall not exceed 8.

      FCC. The U.S. Federal Communications Commission.

      FEASIBLE. Capable of being accomplished in a successful manner within a reasonable period of time, taking into account economic, environmental, social, and technological factors.

      FOWL. A cock or hen of the domestic chicken.

      FUNERAL HOME AND MORTUARY. An establishment engaged in undertaking services such as preparing the dead for burial or cremation, and arranging and managing funerals.

      FURNITURE, FURNISHINGS AND EQUIPMENT STORES. Stores engaged primarily in selling the following products and related services, including incidental repair services: draperies; floor coverings; furniture; glass and chinaware; home appliances; home furnishings; home sound systems; interior decorating materials and services; large musical instruments; lawn furniture; movable spas and hot tubs; office furniture; other household electrical and gas appliances; outdoor furniture; refrigerators; stoves; and televisions.

   G.   Definitions, “G.”

      GALLERY. Similar to an arcade except that it is supported by vertical columns without arches.

      GARAGES OR CARPORTS. Parking space and shelter for automobiles or other vehicles, where the size of the parking space complies with the provisions of § 14.04.02.

      •   A GARAGE is an attached or detached accessory structure with a door, enclosed on at least 3 sides.

      •   A CARPORT is an attached or detached accessory structure enclosed on no more than 2 sides.

      •   A GARAGE or CARPORT complies with the requirements of this Development Code for “covered” parking spaces.

      GENERAL PLAN. The Lake Havasu City General Plan, including all its elements and all amendments to the General Plan, as adopted by the City Council.

      GENERAL PLAN, MAJOR AMENDMENT. A substantial alteration of the city’s land use mixture or balance as established in the city’s existing General Plan land use element.

      •   Within a platted area, a MAJOR AMENDMENT is any land use change of 5 or more acres that requires a change to the Future Land Use Plan Category.

      •   Outside a platted area, a MAJOR AMENDMENT is any proposed land use change of more than 320 acres that requires a change to the Future Land Use Plan Category or any proposed land use change of 40 to 320 acres that requires a change to the Future Land Use Plan Category and does not include a specific plan submittal.

      GENERAL PLAN, MINOR AMENDMENT.

      •   Within a platted area, all General Plan amendments not meeting the definition of a major amendment, including minor text changes and corrections that do not impact the substantive portions of the Land Use Plan’s mixture or balance.

      •   Outside a platted area, a MINOR AMENDMENT is any proposed land use change of 40 to 320 acres that requires a change to the Future Land Use Plan Category and includes a specific plan submittal.

      •   Any change mandated by initiative or state law.

      GENERAL RETAIL. Stores and shops selling many lines of merchandise. These stores and lines of merchandise include: art galleries; artists’ supplies; bakeries (all production in support of on-site sales); bicycles; books; cameras and photographic supplies; clothing and accessories; collectibles (cards, coins, comics, stamps, and the like); department stores; drug and discount stores; dry goods; fabrics and sewing supplies; florists and houseplant stores (indoor sales only - outdoor sales are “plant nurseries”); furniture, home furnishings and equipment; general stores; gift and souvenir shops; hardware; hobby materials; jewelry; luggage and leather goods; musical instruments, parts and accessories; newsstands; orthopedic supplies; pet supplies sales with no animals but fish; religious goods; small wares; specialty shops; sporting goods and equipment; stationery; toys and games; variety stores; and convenience stores without motor fuel sales.

      GENERAL RETAIL, LARGE. An establishment selling general retail goods that has a gross floor area greater than 15,000 square feet, but not greater than 75,000 square feet, for all uses. This use does not include the sales of light or heavy motor vehicles or any other goods listed as a separate use in the Permitted Use Table, and does not include an activity meeting the definition of an adult retail use. Establishments with over 75,000 square feet of gross floor area are “retail, big box” uses.

      GENERAL RETAIL, SMALL. An establishment selling general retail goods that has a gross floor area of not more than 15,000 square feet for all uses. This use does not include the sales of light or heavy motor vehicles or any other goods listed as a separate use in the Permitted Use Table, and does not include an activity meeting the definition of an adult retail use.

      GLASS PRODUCT MANUFACTURING. Manufacturing establishments producing flat glass and other glass products that are pressed, blown, or shaped from glass produced in the same establishment. Does not include artisan and craftsman type operations of a larger scale than home occupations; see HANDCRAFT INDUSTRIES and SMALL SCALE MANUFACTURING.

      GOLF COURSE. A tract of land designed for at least nine holes for playing the game of golf that may include a clubhouse, putting green, driving range, dining and snack bars, pro shop, storage, maintenance, and practice facilities.

      GRADE. The ground surface immediately adjacent to the exterior base of a structure, typically used as the basis for measurement of the height of the structure.

      GRAND OPENING. An advertising event that has as its purpose, the promotion of a newly opened use, a change in the orientation of a use or reopening of a use following a remodeling or major renovation.

      GROCERY STORES. A retail business where the majority of the floor area open to the public is occupied by food products packaged for preparation and consumption away from the site of the store.

   H.   Definitions, “H.”

      HABITABLE SPACE. Space for living, sleeping, eating, or cooking.

      HARD SURFACED. An acceptable form of parking space surfacing that includes brick pavers, grasscrete or other pervious pavers, and other similar forms of surfacing acceptable to the Director.

      HEAVY INDUSTRY. The processing, manufacturing, or storage of products using heavy machinery, or under potentially hazardous conditions, such as the creation of products from extracted raw materials and the use of flammable and explosive materials, which may have greater than average impacts on the environment, or on the use and enjoyment of other properties in terms of noise, odors, or other health or safety hazards. Heavy industrial uses generally require shipment of materials or finished/processed products in heavy trucks or railroad cars. This use may include but is not limited to machinery manufacturing, asphalt and concrete plants, gypsum production, quarries, solid or sanitary waste transfer stations, heavy recycling processing facilities, stone and cut stone products manufacturing, and salvage yards.

      HEAVY VEHICLE AND EQUIPMENT SALES, RENTAL, OR SERVICING. The sale, rental, leasing, servicing, storage, and repair of heavy vehicles and equipment, typically used in agricultural, commercial, or industrial operations including, but not limited to, trucks with a gross vehicle weight of more than 10,000 pounds, boats, buses, semi-trucks or trailers, loaders, construction equipment, manufactured homes, and recreational vehicles. This use also includes incidental offices and the sales of parts for heavy vehicles and equipment.

      HEIGHT. The height of a facility, structure, building, or equipment regulated by this Code. HEIGHT is measured as described in § 14.06.02C.

      HELIPORT. A designated, marked area on the ground or the top of a structure where helicopters may land.

      HIGH WATER MARK. The elevation of the surface of Lake Havasu at 450 feet above mean sea level.

      HOSPITAL. An institution providing health services and medical or surgical care, primarily for temporary inpatients, to persons suffering from mental or physical illness, disease, injury, or disability, and including any related facilities such as ambulance bays, emergency heliports, laboratories, outpatient facilities, central service facilities, staff offices, or training facilities.

      HOTELS OR MOTELS. Facilities with guest rooms or suites with or without kitchen facilities that are rented to the general public for transient lodging (less than 30 days). Hotels provide access to most guest rooms from an interior walkway, and typically include a variety of services in addition to lodging; for example, restaurants, meeting facilities, personal services, and the like. Motels provide access to most guest rooms from an exterior walkway. Also includes accessory guest facilities.

   I.   Definitions, “I.”

      ILLEGAL BUILDING OR USE. A building or use that does not conform to 1 or more of the provisions of this Development Code, and did not lawfully exist on the effective date of applicable provisions of this Development Code.

      IMPROVEMENT. Any fixture or embellishment affixed to public or private real property, or other object constituting a physical feature of real property or any part of the feature.

      INCENTIVES. The benefit offered by the city to facilitate construction of eligible projects as defined by the provisions of this chapter. INCENTIVES may include adjustment of development standards, expedited processing of entitlements, relaxation of otherwise applicable entitlement conditions, and provisions for mixed-use activities.

      INDOOR RECREATION OR ENTERTAINMENT. A facility for indoor participation or observation of sports, games, fitness, arts, or culture activities that do not meet the definition for another use in this title. This use includes but is not limited to billiard parlors, game arcades, skating rinks, bowling alleys, dance halls and ballrooms, gymnasiums not accessory to an education institution, health and athletic clubs, including racquetball, archery, shooting ranges and similar indoor uses. Accessory uses include the sales of food, beverages, and items related to or required for participation in the recreation or entertainment activity.

      INFILL DEVELOPMENT. Development proposed on a vacant lot that is located among other lots that are already developed.

      INTENSIFICATION OF USE. A change in the use of a structure or site, where this Code requires the new use to have more off-street parking spaces than the former use; or a change in the operating characteristics of a use (for example, hours of operation) that generates more activity on the site.

   J.   Definitions, “J.”

      JUNK. Used or discarded materials or objects, which may include but are not limited to building materials, scrap, wood, paper, or rags, unlicensed automobiles or portions of automobiles, unlicensed boats or portions of boats, and/or the dismantling or “wrecking” of automobiles or other vehicles or machinery or structures, some of which may be re-usable.

   K.   Definitions, “K.”

      KITCHEN. A room or space within a building intended to be used for the cooking or preparation of food.

   L.   Definitions, “L.”

      LAND USE PERMIT. Authority granted by the city to use a specified site for a particular purpose, including conditional use permits, temporary use permits, variances, and zoning clearances, as established by Article V (Procedures and Enforcement) of this Development Code.

      LATTICE TOWER. For purposes of telecommunications facility regulations, a structure with 3 or 4 steel support legs that supports a variety of antennae. These towers generally range in height from 60 to 200 feet and are constructed in areas where increased height is needed, microwave antennas are required, or where the weather demands a more structurally-sound design.

      LIBRARIES AND MUSEUMS. Public or quasi-public facilities including aquariums, arboretums, art exhibitions, botanical gardens, historic sites and exhibits, libraries, museums, and planetariums, which are generally non-commercial in nature.

      LIGHT INDUSTRY. The manufacturing, processing, assembly, packaging, and incidental storage, sale, and distribution of products, created predominately from previously prepared materials, within a fully enclosed structure where noise, odor, light, or vibrations are not noticeable from the adjacent properties and where frequent truck or rail shipments are not necessary. This use includes but is not limited to electronics and appliance manufacturing, cabinet shops, food production and preparation, metal products fabrication, marine products manufacturing, furniture and home fixture manufacturing, structural clay and pottery product manufacturing, plastics production, printing and publishing, textile and leather products fabrication or assembly, paper products manufacturing, and laundries and dry cleaning plants.

      LIGHT VEHICLE SALES OR RENTAL. The sale, display, lease, rental, or storage of light motor vehicles, including automobiles, vans, light trucks, trailers, including incidental sales, maintenance, and servicing. This use shall not include salvage operations or scrap and dismantling yards.

      LIGHT VEHICLE SERVICE OR REPAIR. The sale of vehicle fuel from a facility or lot having pumps and underground storage tanks and minor vehicle repair and maintenance activities such as engine tune-ups, oil change and lubrication, brake and muffler repair, tire rotation, glass replacement, and other limited repairs customarily done in service stations. Also includes facilities, not selling vehicle fuel, but engaged solely in the service and repair of vehicles, including bodywork or painting or major engine or transmission repairs.

      LIGHT WATERCRAFT SALES, RENTAL, OR SERVICING. A facility or area used for the sale, lease, rental, service, or repair of light watercraft including boats, jet skis, kayaks, and other water-related recreational equipment. This use includes watercraft fueling facilities and maintenance activities including engine tune-ups and oil changes, as well as the incidental storage of watercraft and marine products, sale of parts, and recreational vending conducted as an accessory use.

      LONG-TERM MEDICAL CARE FACILITY. Residential facilities providing nursing and health-related care as a primary use with in-patient beds. LONG-TERM PERSONAL CARE FACILITIES that do not emphasize medical treatment are included under RESIDENTIAL CARE FACILITY. When conducted as a home occupation, this type of facility is an ACCESSORY RESIDENTIAL CARE HOME.

      LOT. A recorded lot or lot of real property under single ownership, lawfully created as required by the Subdivision Map Act and city ordinances, including this Development Code. Types of lots include the following. See Figure 6-1 (Lot Types).

      •   LOT, CORNER. A lot located at the intersection of 2 or more streets, where they intersect at an interior angle of not more than 135 degrees. If the intersection angle is more than 135 degrees, the lot is considered an interior lot.

      •   LOT COVERAGE. The percentage of total site area occupied by structures. Structure or building coverage includes the primary structure, all accessory structures (e.g., carports, garages, patio covers, storage sheds, trash dumpster enclosures, etc.) and architectural features (e.g., chimneys, balconies, decks above the first floor, porches, stairs, etc.).

      •   LOT, FLAG. A lot having access from the building site to a public street by means of private right-of-way strip that is owned in fee.

      •   LOT, INTERIOR. A lot abutting only 1 street.

      •   LOT, REVERSE CORNER. A corner lot, the street side line of which is substantially a continuation of the front lot line of an lot located immediately adjacent to its rear on which a primary structure has been constructed. The front yard of a reverse corner lot is defined by the street frontage to which the front door faces.

      •   LOT, THROUGH. A lot with frontage on 2 generally parallel streets.

      LOT DEPTH. The average linear distance between the front and the rear lot lines or the intersection of the 2 side lot lines if there is no rear line. The Zoning Administrator shall determine LOT DEPTH for lots of irregular configuration.

      LOT FRONTAGE. The boundary of a lot adjacent to a public street right-of-way.

      LOT LINE OR PROPERTY LINE. Any recorded boundary of a lot. Types of lot lines are as follows.

      •   LOT LINE, FRONT. On an interior lot, the property line separating the lot from the street. The FRONT LOT LINE on a corner lot is the line with the shortest frontage. If the street-fronting lot lines of a corner lot are equal in length, the FRONT LOT LINE shall be determined by the Zoning Administrator. On a through lot, both lot lines are FRONT LOT LINES and the lot is considered to have no rear lot line.

      •   LOT LINE, INTERIOR. Any lot line not abutting a street.

      •   LOT LINE, REAR. A property line that does not intersect the front lot line, which is most distant from and most closely parallel to the front lot line.

      •   LOT LINE, SIDE. Any lot line that is not a front or rear lot line.

      LOT OR SITE AREA.  GROSS LOT AREA is the total area included within the lot lines of a lot, exclusive of adjacent dedicated street rights-of-way. The total of the area measured in a horizontal plane, within the lot lines bounding the lot, exclusive of the access strip required to serve a flag lot.

      LOT OR SITE COVERAGE. The percentage of total site area occupied by structures. Structure or building coverage includes the primary structure, all accessory structures and architectural features. Structure/building coverage is measured from exterior wall to exterior wall.

      LOT WIDTH. The horizontal distance between the side lot lines, measured at right angles to the lot depth at a point midway between the front and rear lot lines. The Zoning Administrator shall determine LOT WIDTH for lots of irregular shape.

   M.   Definitions, “M.”

      MAIN STREET. When used to describe the general character and context of the Upper McCulloch Main Street District, refers to the area along McCulloch Boulevard between Smoketree Avenue and Acoma Boulevard to the east and west and Mesquite Avenue and Swanson Avenue to the north and south. The actual boundaries of the MU-UMS and R-UMS zone districts may differ from these boundaries, and are as shown on the adopted Zoning Map.

      MAJOR CONDITIONAL USE. A permit issued by the Commission authorizing the recipient to make use of a property for a major conditional use identified in Article III, in accordance with the requirements of this Code, as well as any additional requirements imposed by the Commission.

      MANUFACTURED HOME. A transportable, factory-built structure that is manufactured in accordance with the federal Manufactured Housing Construction and Safety Standards Act of 1974 (42 U.S.C. § 5401) (as amended and interpreted by the federal courts) and that is designed to be used as a permanent single-family dwelling unit. This definition does not include recreational vehicles, travel trailers, or other similar vehicles and does not include a mobile home.

      MANUFACTURED HOME PARK. Any site that is planned and improved to accommodate 2 or more manufactured homes used for residential purposes, or on which 2 or more manufactured home lots are rented, leased, or held out for rent or lease, or were formerly held out for rent or lease and later converted to a subdivision, cooperative, condominium, or other form of resident ownership, to accommodate manufactured homes used for residential purposes.

      MARIJUANA ESTABLISHMENT.  An entity licensed by the Department to operate all of the following:

         1.   A single retail location at which the licensee may sell marijuana and marijuana products to consumers, cultivate marijuana and manufacture marijuana products.

         2.   A single off-site cultivation location at which the licensee may cultivate marijuana, process marijuana and manufacture marijuana products, but from which marijuana and marijuana products may not be transferred or sold to consumers.

         3.   A single off-site location at which the licensee may manufacture marijuana products and package and store marijuana and marijuana products, but from which marijuana and marijuana products may not be transferred or sold to consumers.

      MARIJUANA TESTING FACILITY. The Department or another entity that is licensed by the Department to analyze the potency of marijuana and test marijuana for harmful contaminants.

      MARINAS. A recreationally-oriented harbor that may include mooring, launching, and other facilities and services related to boating and recreational fishing, including: boat building and repair; marine hardware sales and service; petroleum storage and handling; boat storage and miscellaneous storage activities.

      MARINE EQUIPMENT SALES, RENTAL, SERVICE, OR STORAGE. A facility or area used for the sale, rental, service or storage of large boats, watercraft, and other marine equipment. The display and sale or rental of these new or used items includes the outdoor storage of inventory. Repair and maintenance activities may range from light activities such as engine tune-ups and detailing to heavy activities such as engine overhauls and body work. This use does not include the sale of fuel, gasoline, or petroleum products. Accessory uses may include an office and the sale of parts related to repairs performed at the facility.

      MEDICAL MARIJUANA. All parts of the genus cannabis whether growing or not, including the seeds of such plants, that may be administered to treat or alleviate a qualifying patient's debilitating medical condition or symptoms associated with the patient’s debilitating medical condition.

      MEDICAL MARIJUANA BUSINESS. A medical marijuana cultivation facility, medical marijuana dispensary, or a medical marijuana infusion facility either in combination or as a standalone facility.

      MEDICAL MARIJUANA CULTIVATION FACILITY. A building, structure, or premises used for the cultivation or storage of medical marijuana that is physically separate and off-site from a medical marijuana dispensary. This facility may or may not include an infusion facility.

      MEDICAL MARIJUANA DISPENSARY OR INFUSION FACILITY. A non-profit entity defined in A.R.S. § 36-2801(11), that acquires possesses, cultivates, manufactures, delivers, transfers, transfers, transports, supplies, sells, or dispenses marijuana or related supplies and educational materials to cardholders, or that produces medical marijuana products by the means of cooking, blending, or incorporating it into consumable/edible goods.

      MEDICAL MARIJUANA QUALIFYING PATIENT. A person who has been diagnosed by a physician as having a debilitating medical condition as defined in the Arizona Medical Marijuana Act.

      MEDICAL OFFICES AND CLINICS. Facilities primarily engaged in furnishing outpatient medical, mental health, surgical and other personal health services, but that are separate from hospitals, including: health management organizations (HMOs); medical, dental and psychiatric offices; out-patient care facilities; and other allied health services. Accessory uses may include laboratories related to medical and dental services. Counseling services by other than medical doctors or psychiatrists are included under OFFICES.

      MICROBREWERY. A facility where beer brewed on the premises is sold for on-site consumption.

      MINI-MARKET. See definition for CONVENIENCE STORE.

      MINOR CONDITIONAL USE PERMIT. A permit issued by the Director authorizing the recipient to make use of a property for a minor conditional use identified in § 14.02.06D., in accordance with the requirements of this Code, as well as any additional requirements imposed by the Director.

      MIXED-USE PROJECT. A project that combines both non-residential and residential uses.

      MOBILE HOME. A transportable, factory-built structure, that is designed to be used as a single dwelling unit with or without a permanent foundation, that was manufactured before 1976 or does not otherwise comply with the construction standards in the federal Manufactured Housing Construction and Safety Standards Act of 1974 (42 U.S.C. § 5401) (as amended and interpreted by the federal courts). This definition does not include recreational vehicles, commercial coaches, travel trailers, or other similar vehicles.

      MODULAR HOUSING UNIT. A dwelling that is constructed in a factory and assembled on the building site, and that complies with all applicable provisions of the adopted Building Code but does not meet the definition of a manufactured home or mobile home.

      MONOPOLE. For purposes of telecommunications facility regulations, a structure composed of a single spire used to support antennae and related equipment.

      MOTORSPORTS FACILITY. A facility with supporting and accessory uses including but not limited to, spectator seating/ grandstands, parking or pitting areas, and structures designed and operated primarily for motorsports uses. Motorsports uses include but are not limited to: 2- or 4-wheeled, on or off-road motor vehicles, and motorcycles on defined tracks, drag strips or courses of dirt or pavement for practice, testing, education, recreation or competition purposes.

   N.   Definitions, “N.”

      NONCONFORMING LOT. A lot that was legally created prior to the adoption of this Development Code and that does not conform to current Code provisions/standards prescribed for the zoning district in which the lot is located.

      NONCONFORMING PARCEL. A parcel of record that was legally created before the adoption of this Development Code and that does not comply with the access, area, or width requirements of this Development Code for the zoning district in which it is located.

      NONCONFORMING SIGN. A sign that lawfully existed prior to the effective date of this Development Code, or any amendment thereto, but that fails by reason of adoption or amendment to conform to all of the standards and regulations of the adopted or amended provision.

      NONCONFORMING STRUCTURE. A structure that was legally constructed prior to the adoption of this Development Code and that does not conform to current Code provisions/standards prescribed for the zoning district in which the structure is located.

      NONCONFORMING USE. A use of a structure (either conforming or nonconforming) or land that was legally established and maintained prior to the adoption of this Development Code and that does not conform to current Code provisions governing allowable land uses for the zoning district in which the use is located.

   O.   Definitions, “O.”

      OCCUPANCY. All or a portion of a structure occupied by 1 tenant.

      OFFICE. A room or group of rooms used for conducting the affairs of a business, profession, government, or service industry. Examples include professional services such as lawyers, accountants, bankers, broadcasters, engineers, architects, planners, insurance agents, brokers, consultants, or real estate agents, data processing, sales offices, artists, writers, and counseling services by those that are not medical doctors or psychiatrists. This use does not include facilities meeting the definition of a research and development use or any facility where sales or rental of goods occurs on more than an incidental basis related to the primary office function.

      OFFICE, TEMPORARY. A manufactured home, recreational vehicle or modular unit used as a temporary office facility. TEMPORARY OFFICES may include: construction supervision offices on a construction site or off-site construction yard; a temporary on-site real estate office for a development project; or a temporary business office in advance of permanent facility construction.

      OFF-SITE. An activity or accessory use that is related to a specific primary use, but is not located on the same site as the primary use.

      ON-SITE. An activity or accessory use that is related to a specific primary use, which is located on the same site as the primary use.

      OPEN SPACE. An area that is not developable due to environmental constraints or on which development has been limited for aesthetic, environmental, or recreational purposes. OPEN SPACE may include parks and playgrounds, conservation areas, hiking trails, and nature preserves.

      ORDINARY MAINTENANCE AND REPAIR. Any work for which a building permit is not required, the purpose and effect of which is to correct deterioration of or damage to a structure or any part thereof and to restore the structure to its condition before the deterioration or damage.

      ORGANIZATIONAL HOUSES. Residential lodging facilities operated by membership organizations for their members and not open to the general public. Includes fraternity and sorority houses, student dormitories, convents, monasteries, and religious residential retreats.

      OUTDOOR RECREATION OR ENTERTAINMENT. Facilities for various outdoor participant sports and types of recreation where a fee is charged for use, including: amphitheaters; amusement and theme parks; golf driving ranges; health and athletic club outdoor facilities; miniature golf courses; skateboard parks; stadiums and coliseums; swim and tennis clubs; tennis courts; water slides; and zoos. Accessory uses include the sales of food, beverages, and items related to or required for participation in the recreation or entertainment activity.

      OUTDOOR RETAIL SALES AND ACTIVITIES. Permanent outdoor sales and rental establishments including lumber and other material sales yards, newsstands, street vendors, outdoor facilities for the sale or rental of other vehicles/equipment, and other uses where the business is not conducted entirely within a structure.

      OUTDOOR RETAIL SALES, TEMPORARY. Temporary outdoor retail operations including: Christmas trees, pumpkins or the sale of other seasonal items; farmers’ markets; semi-annual sales of art/handcrafted items in conjunction with community festivals or art shows; and sidewalk or parking lot sales longer than 1 weekend.

      OUTDOOR STORAGE. The keeping in an unroofed area of any equipment, goods, junk, material, merchandise, or vehicles in the same place for more than 24 hours.

   P.   Definitions, “P.”

      PARCEL. See LOT.

      PARKING FACILITY. A public or private lot or structure, that provides parking for operable vehicles as the property’s primary use or as an accessory use to the property’s primary use. This use includes facilities offering both day and longer-term public parking.

      PARK OR PLAYGROUND. An area or facility to be used for recreation, exercise, sports, education, rehabilitation, or similar activities, or an area intended to enhance the enjoyment of natural features or natural beauty. This use does not include commercially businesses, but may include accessory retail and eating and drinking uses.

      PEDESTRIAN ORIENTATION. Any physical structure or place with design qualities and elements that contribute to an active, inviting, and pleasant place for pedestrians including but not limited to:

      •   Highly articulated facades at the street level with interesting uses of material, color, and architectural detailing, located directly behind the sidewalk at the build-to line;

      •   Design amenities related to the street level;

      •   Visibility into buildings at the street level;

      •   Continuity of the sidewalk with a minimum of intrusions into pedestrian right-of-way;

      •   Continuity of building facades along the street with few interruptions in the progression of buildings and stores;

      •   Signs oriented and scaled to the pedestrian rather than the motorist;

      •   Landscaping; and

      •   Street furniture.

      PEDESTRIAN ORIENTED USE. A use that is intended to encourage walk-in customers and that generally does not limit the number of customers by requiring appointments or otherwise excluding the general public. A PEDESTRIAN ORIENTED USE provides spontaneous draw from sidewalk and street due to intense and surprising visual interest, high customer turnover, and intense social interaction.

      PERMITTED USE. A use of land identified in Article III (Permitted Uses) of this Development Code as a permitted or conditionally permitted use that may be established with land use permit and, where applicable, site plan and design review and/or building permit approval, subject to compliance with all applicable provisions of this Development Code.

      PERSON. Any individual, firm, co-partnership, corporation, company, association, joint stock association; city, county, state, or district; and includes any trustee, receiver, assignee, or other similar representative thereof.

      PERSONAL SERVICES. Establishments engaged in the provision of information, instructional, personal improvement, personal care, and similar non-medical services as a primary use. This use includes but is not limited to barber and beauty shops, clothing rental and repair, dry cleaning pick-up stores with limited equipment, home electronics and small appliance repair, self-service laundromats, shoe repair shops, tailors, copy shops, printing and shipping services, and similar uses supporting common business and personal support services. These uses may also include accessory retail sales of products related to the services provided.

      PLANNING COMMISSION. The Lake Havasu City Planning Commission.

      PLANT NURSERIES AND GARDEN SUPPLY STORES. Commercial agricultural establishments engaged in the production of ornamental plants and other nursery products, grown under cover or outdoors. Includes stores selling these products, nursery stock, lawn and garden supplies, and commercial scale greenhouses. The sale of house plants or other nursery products entirely within a building is also included under GENERAL RETAIL STORES. Home greenhouses are included under RESIDENTIAL ACCESSORY USES AND STRUCTURES.

      PRIMARY STRUCTURE. A structure that accommodates the primary use of the site.

      PRIMARY USE. The main purpose for which a site is developed and occupied, including the activities that are conducted on the site a majority of the hours during which activities occur.

      PRIMARY ZONING DISTRICT. The zoning district applied to a site by the Zoning Map, to which an overlay zoning district may also be applied.

      PROPERTY LINE. The recorded boundary of a lot of land.

      PROPOSED PROJECT. A proposed new structure, new addition to an existing structure, or area of other new site development; these do not include the alteration of any portion of an existing structure other than an addition.

      PUBLIC NUISANCE. An act or omission to discharge a legal duty related to one’s property, or the unreasonable, unwarranted, or unlawful use of one’s property, in a manner that interferes with the use or enjoyment of property by the general public.

      PUBLIC SAFETY FACILITY. A facility used to provide police, fire, emergency medical services, or detainment and confinement services to the surrounding community, as well as holding areas for persons requiring confinement, processing or services by the operating entity. Accessory uses may include offices, and areas for emergency vehicle service and maintenance.

      PUBLIC UTILITY FACILITY, MAJOR. A facility or structure owned or operated by a public, quasi-public, private, or cooperative electric, fuel, communications, sewage, or water company for the generation, transmission, distribution, processing, and disposal of it products. This may include but is not limited to electrical substations and switching stations; natural gas regulating and distribution facilities; public water system wells, treatment plants and storage; telephone switching facilities; wastewater treatment plants, and settling ponds and disposal fields, as well as accessory offices, but not customer service centers (which are an office use), and equipment and material storage yards.

      PUBLIC UTILITY FACILITY, MINOR. Local power, sewer, water, gas, and telephone service distribution lines and associated minor facilities that do not meet the definition of a MAJOR PUBLIC UTILITY FACILITY and are necessary to deliver direct service to a property.

   Q.   Definitions, “Q.”

      QUALIFYING RESIDENT. Senior citizens or other persons eligible to reside in senior citizen housing.

   R.   Definitions, “R.”

      RAZOR WIRE. A continuous coil of stainless steel ribbon with razor type barbs or sharp points.

      RECREATIONAL VEHICLES (RV). A motor home, travel trailer, truck camper, or camping trailer, with or without motive power, originally designed for human habitation for recreational, emergency, or other occupancy, that meets all of the following criteria:

      •   It contains less than 320 square feet of internal living room area, excluding built-in equipment, including wardrobe, closets, cabinets, kitchen units or fixtures, and bath or toilet rooms;

      •   It contains 400 square feet or less of gross area measured at maximum horizontal projections;

      •   It is built on a single chassis; and

      •   It is either self-propelled, truck-mounted, or permanently towable on the highways without a towing permit.

      RECREATIONAL VEHICLE PARK. A site where 1 or more lots are used, or are intended to be used, by campers with recreational vehicles or tents. RECREATIONAL VEHICLE PARKS may include public restrooms, water, sewer, and electric hookups to each lot and are intended as a higher density, more intensively developed use than campgrounds. RECREATIONAL VEHICLE PARKS may also include additional traveler amenities, including eating and drinking establishments, and recreational facilities, and incidental accessory uses to create a recreational vehicle resort environment for recreational vehicle park patrons only.

      RECYCLING FACILITY. A center for the collection and/or processing of recyclable materials. A RECYCLING FACILITY does not include storage containers located on a residentially, commercially, or industrially designated site used solely for the recycling of material generated on the site. A RECYCLING FACILITY may include the following:

      •   LARGE COLLECTION FACILITIES. A center where the public may donate, redeem, or sell recyclable materials, occupying an area of more than 350 square feet, that may or may not include permanent structures.

      •   SMALL COLLECTION FACILITIES. A center where the public may donate, redeem, or sell recyclable materials, occupying an area of no more than 350 square feet, that may include reverse vending machines and mobile recycling units.

      •   HEAVY PROCESSING FACILITIES. A building or enclosed space, of more than 45,000 square feet of gross floor area, used for the collection and processing of recyclable materials for shipment, or to an end-user’s specifications, by baling, briquetting, cleaning, compacting, crushing, flattening, grinding, mechanical sorting, remanufacturing, and shredding, or other similar means.

      •   LIGHT PROCESSING FACILITIES. A building or enclosed space, of no more than 45,000 square feet of gross floor area, used for baling, briquetting, compacting, crushing, grinding, shredding, and sorting of source separated recyclable materials, as necessary to qualify as a certified processing facility. A LIGHT PROCESSING FACILITY shall not shred, compact, or bale ferrous metals other than food and beverage containers. This use averages two outbound truck shipments each day.

      RECYCLABLE MATERIAL. Reusable domestic containers and other materials that can be reconstituted, remanufactured, or reused in an altered form, including glass, metals, paper and plastic. RECYCLABLE MATERIAL does not include refuse or hazardous materials.

      RELIGIOUS FACILITY. A facility operated, maintained, and controlled a religious organization for worship or the promotion of religious activities, including but not limited to a church, mosque, synagogue, temple, monastery, or other structure, together with its accessory buildings and uses. Accessory uses may include educational facilities, pastor or caretaker housing, and parking.

      RESEARCH AND DEVELOPMENT FACILITY. Indoor facilities for scientific research, and the design, development and testing of electrical, electronic, magnetic, optical, and mechanical components in advance of product manufacturing, that are not associated with a manufacturing facility on the same site, except as incidental to the main purpose of the facility. Includes but is not limited to chemical, biotechnology, pharmaceutical, and medical research and development, software development, and soils and other materials testing laboratories.

      RESIDENTIAL ACCESSORY USES AND STRUCTURES. Any use or structure that is customarily a part of, and clearly incidental and secondary to, a residence and does not change the character of the residential use. These uses include the following detached accessory structures, and other similar structures normally associated with a residential use of property, including: garages; gazebos; greenhouses; storage sheds; studios; and workshops. In addition, the following residential accessory uses may be allowed so long as they are not commercial uses and do not exceed 15 feet in height: tennis and other on-site sport courts; batting cages; skate-board half-pipes; trampolines; and playground equipment. Also includes the indoor storage of automobiles (including their incidental restoration and repair), personal recreational vehicles and other personal property, accessory to a residential use. Does not include home satellite dish and other receiving antennas for earth-based TV and radio broadcasts; see TELECOMMUNICATIONS FACILITIES.

      RESIDENTIAL CARE FACILITY. A facility providing residential social or personal care, custody, or treatment for more than 6 individuals, not related to the operator and with limited ability for self-care, but where medical care is not a major element. Includes: children’s homes; transitional houses; orphanages; rehabilitation centers; self-help group homes. Convalescent homes, nursing homes, and similar facilities providing medical care are included under the definition of MEDICAL SERVICES - EXTENDED CARE.

      RESORT. A self-contained commercial property providing an array of traveler amenities including lodging, eating and drinking establishments, entertainment, and recreational activities.

      RESTAURANT. An establishment where food and drink are prepared and served primarily for on-premise consumption or carryout. Drive-in/drive-through facilities are only permitted if the restaurant is located in a district where accessory drive-in/drive-through facilities are permitted. This use may include an outdoor dining area as an accessory use if located in a district where accessory outdoor dining is permitted.

      RETAIL, BIG BOX. A retail establishment that contains 75,000 square feet or more of gross floor area.

      REVERSE VENDING MACHINE. An automated mechanical device that accepts at least 1 or more types of empty beverage containers and issues a cash refund or a redeemable credit slip with a value not less than the container’s redemption value, as determined by state law. These vending machines may accept aluminum cans, glass and plastic bottles, and other containers. A bulk reverse vending machine is a reverse vending machine that is larger than 50 square feet, is designed to accept more than 1 container at a time, and issues a cash refund based on total weight instead of by container.

      REVIEW AUTHORITY. The individual or official city body (the Community Investment Department Director, Board of Adjustment, Zoning Administrator, Planning and Zoning Commission, or City Council) identified by this Development Code as having the responsibility and authority to review, and approve or disapprove the permit applications described in Article IV (Development Code Administration).

      ROOF-MOUNTED. Mounted above the eave line of a structure.

      ROOMING AND BOARDING HOUSE, LARGE. A residential dwelling with more than 5 rooms that are rented or intended to be rented primarily for sleeping only, on a weekly or longer basis, but that do not constitute separate dwelling units. This use is generally occupied by longer-term residents than hotels, motels or bed and breakfast establishments and includes sororities, fraternities, and dormitories.

      ROOMING AND BOARDING HOUSE, SMALL. A residential dwelling with no more than 5 rooms that are rented or intended to be rented primarily for sleeping only, on a weekly or longer basis, but that do not constitute separate dwelling units. This use is generally occupied by longer-term residents than hotels, motels or bed and breakfast establishments and includes sororities, fraternities, and dormitories.

      ROOM RENTAL. The renting of individual bedrooms within a dwelling and/or the providing of table board to 2 or more unrelated people, whether or not meals are provided.

   S.   Definitions, “S.”

      SATELLITE DISHES. See definition for ANTENNA.

      SCRAP. Used metal, including appliances and machine parts, which can be re-used only with repair, refurbishing, or attachment to other materials.

      SCRAP AND DISMANTLING YARDS. Outdoor establishments primarily engaged in assembling, breaking up, sorting, and the temporary storage and distribution of recyclable or reusable scrap and waste materials, including auto wreckers engaged in dismantling automobiles for scrap, and the incidental wholesale or retail sales of parts from those vehicles. This use includes light and heavy processing facilities for recycling, but does not include places where these activities are conducted entirely within buildings; pawn shops, and other secondhand stores; the sale of operative used cars; or landfills or other waste disposal sites.

      SECURITY FENCING. Fencing that includes no more than 3 strands of barbed wire at the top of a fence.

      SELF STORAGE (MINI-STORAGE). A structure or group of structures containing generally small, individual, compartmentalized stalls or lockers rented as individual storage spaces and characterized by low parking demand.

      SENIOR CITIZEN. Persons at least 62 years of age; or persons at least 55 years of age in a senior citizen housing development, in compliance with state and federal law.

      SERVICE STATION. A retail business selling gasoline or other motor vehicle fuels, which may also provide services that are incidental to fuel services. These secondary services may include vehicle engine maintenance and repair, towing and trailer rental services. Does not include the storage or repair of wrecked or abandoned vehicles, vehicle painting, body, or fender work, or the rental of vehicle storage or parking spaces.

      SETBACK. The distance by which a structure, parking area or other development feature must be separated from a lot line, other structure or development feature, or street centerline. Setbacks from private streets are measured from the edge of the easement. See also YARD. Figure 6-2 (Location and Measurement of Setbacks) shows the location of front, side, street side, rear, and interior setbacks.

      SEXUALLY EXPLICIT DISPLAY. A picture or illustration displaying male or female genitals, pubic hair, perineum, anuses, or anal regions, the female breast or any portion thereof below the top of the nipple; the depiction of covered male genitals in a discernibly turgid state, where the picture or illustration depicting explicit sexual acts has as its purpose, or effect, sexual arousal, gratification or affront.

      SHOOTING RANGE. An outdoor facility for practice or competition with firearms.

      SHOPPING CENTERS. Primarily retail commercial sites with 2 or more separate businesses sharing common pedestrian and parking areas. A small-scale shopping center: is 55,000 square feet or less in gross floor area; is on a site less than 5 acres in net area; has the majority of its parking located between the public streets and its buildings, and no parking underground or within a parking structure.

      SIGN. A structure, device, figure, display, message placard, or other contrivance, or any part thereof, situated outdoors or indoors, which is designed, constructed, intended, or used to advertise, or to provide information in the nature of advertising, to direct or attract attention to an object, person, institution, business, product, service, event, or location by any means, including words, letters, figures, designs, symbols, fixtures, colors, illumination, or projected images. Does not include murals, paintings and other works of art that are not intended to advertise or identify any business or product. Types of signs include the following.

      •   ABANDONED SIGN. A sign that advertises a business, lessor, owner, product, service or activity that has not existed on the premises where the sign is displayed for at least 60 days.

      •   ANIMATED OR MOVING SIGN.  A sign that uses movement, lighting, flashing, scintillating, blinking, traveling lights, special materials, or any other means not providing constant illumination to depict action or create a special effect to imitate movement.

      •   AWNING. A roof-like cover, made of fabric, or other flexible material, over a door or window and attached to a building.

      •   AWNING SIGN. A sign copy or logo attached to or painted on an awning.

      •   BANNER, FLAG, OR PENNANT. Cloth, bunting, plastic, paper, or similar non-rigid material used for advertising purposes attached to a structure, staff, pole, line, framing, or vehicle, not including official flags of the United States, the State of Arizona, and other states of the nation, counties, municipalities, official flags of foreign nations and nationally or internationally recognized organizations.

      •   BENCH SIGN. Copy, pictures, or images painted, etched, or attached to a portion of a bench.

      •   BUSINESS IDENTIFICATION SIGN. A sign that serves to identify only the name, address, and lawful use of the premises upon which it is located and provides no other advertisements or product identification.

      •   CABINET SIGN (CAN SIGN). A sign that contains all the text and/or logo symbols within a single enclosed cabinet and may or may not be internally illuminated.

      •   CHANGEABLE COPY SIGN.   A sign designed to allow the changing of copy through manual or mechanical means.

      •   CIVIC EVENT SIGN. A temporary sign, other than a commercial sign, posted to advertise a civic event sponsored by a public agency, school, church, civic-fraternal organization, or similar noncommercial organization.

      •   CONTRACTOR OR CONSTRUCTION SIGN. A sign that states the name of the developer and contractor(s) working on the site and related engineering, architectural or financial firms involved with the project.

      •   DIRECTIONAL SIGN. An on-site sign that is designed and erected solely for the purposes of directing vehicular and/or pedestrian traffic within a project. A directional sign shall not include advertising material.

      •   DIRECTORY SIGN. A sign for listing the tenants and their suite numbers of a multiple tenant structure or center.

      •   DOUBLE-FACED SIGN. A sign constructed to display its message on the outer surfaces of 2 identical and/or opposite parallel planes.

      •   ELECTRONIC READER BOARD SIGN.  A sign with a fixed or changing display composed of a series of lights, LEDs, or similar electrical means.

      •   FLASHING SIGN. A sign that contains an intermittent or sequential flashing light source.

      •   FREESTANDING SIGN. Any sign supported by structures or supports that are placed on, or anchored in, the ground, and that are independent from any building or any other structure.

      •   FUTURE TENANT IDENTIFICATION SIGN. A temporary sign that identifies the names of future businesses that will occupy a site or structure.

      •   GARAGE SALE SIGN. A sign with a message advertising the resale of personal property that has been used by the resident.

      •   GRAND OPENING. A promotional activity not exceeding 30 calendar days used by newly established businesses, within 2 months after initial occupancy, to inform the public of their location and services available to the community. GRAND OPENING does not mean an annual or occasional promotion of retail sales by a business.

      •   GROUND MOUNTED SIGN. A sign fixed in an upright position on the ground not attached to a structure other than a framework, pole, or device, erected primarily to support the sign. Includes monument signs and pole signs.

      •   HOLIDAY DECORATION SIGN. Temporary seasonal signs, in the nature of decorations, clearly incidental to and customarily associated with nationally recognized holidays and that contain no advertising message.

      •   ILLEGAL SIGN. A sign that includes any of the following:

         °   A sign erected without first complying with all regulations in effect at the time of its construction or use;

         °   A sign that was legally erected, but whose use has ceased, the structure upon which the display is placed has been abandoned by its owner, or the sign is not being used to identify or advertise an ongoing business for a period of not less than 90 days;

         °   A sign that was legally erected that later became nonconforming as a result of the adoption of an ordinance, the amortization period for the display provided by the ordinance rending the display conforming has expired, and conformance has not been accomplished;

         °   A sign that was legally erected that later became nonconforming and then was damaged to the extent of 50% or more of its current replacement value;

         °   A sign that is a danger to the public or is unsafe;

         °   A sign that is a traffic hazard not created by relocation of streets or highways or may acts of the city; or

         °   A sign that pertains to a specific event, and 5 days have elapsed since the occurrence of the event.

      •   INDIRECTLY ILLUMINATED SIGN. A sign whose light source is external to the sign and that casts light onto the sign from some distance.

      •   INTERNALLY ILLUMINATED SIGN. A sign whose light source is located in the interior of the sign so that the rays go through the face of the sign, or light source that is attached to the face of the sign and is perceived as a design element of the sign.

      •   INTERIOR SIGNS. A sign that is located within the interior of a building, stadium, or within an enclosed lobby, court, mall, or entrance of a theater and is not visible from the public right-of-way.

      •   MARQUEE (CANOPY) SIGN. A sign that is attached to or otherwise made a part of a permanent roof-like structure that projects beyond the building wall in the form of a large canopy to provide protection from the weather.

      •   MEMORIAL SIGN. A sign, tablet, or inscription that is cut into a masonry surface or inlaid with a building façade to become part of the building. This sign may identify a building name, dates of construction, or other similar information.

      •   MONUMENT SIGN. An independent, freestanding structure supported on the ground and having a solid base, as opposed to being supported by poles or open braces.

      •   MULTI-TENANT SIGN. An identification sign for a commercial site with multiple tenants, displaying the names of each tenant on the site.

      •   OFF-SITE DIRECTIONAL SIGN. A sign identifying a publicly owned facility, emergency facility, or a temporary subdivision sign, but excluding real estate signs.

      •   OFF-SITE SIGN. A sign identifying a use, facility, service, or product that is not located, sold, or manufactured on the same premise as the sign or that identifies a use, service, or product by a brand name that, although sold or manufactured on the premise, does not constitute the principal item for sale or manufactured on the premise.

      •   PARK BENCH SIGN. A sign indicating the name of the donor of the park bench.

      •   PERMANENT SIGN. A sign constructed of durable materials and intended to exist for the duration of time that the use or occupant is located on the premises.

      •   PLAQUE. A sign or nameplate that is fastened directly to a building.

      •   POLITICAL. A sign designed for the purpose of advertising support of or opposition to a candidate or proposition for a public election.

      •   POLE. An elevated freestanding sign, typically supported by 1 or 2 poles or columns.

      •   PORTABLE SIGN. A sign that is not permanently affixed to a structure or the ground.

      •   PROJECTING SIGN. A sign other than a wall sign suspending from, or supported by, a structure projecting outward.

      •   PROMOTIONAL SIGN. A sign erected on a temporary basis to promote the sale of new products, new management, new hours of operation, a new service, or to promote a special sale.

      •   PUBLIC NOTICES. Official notices posted by public officers or employees in the performance of their duties.

      •   PUBLIC SIGNS. Signs required or specifically authorized for public purposes by law, rule, order, or regulation, which may be of any type, number, area, height above grade, location, illumination, or animation required by the law, rule, order, or regulation. This includes advertising signs located on the inside surfaces of publicly owned bus stop shelters.

      •   PYLON SIGN. A freestanding sign of which the entire bottom of the sign is generally in contact with or in close proximity to the ground and which has a width of 2 feet or a height at least 3 times the width.

      •   REAL ESTATE SIGN. A sign indicating that a property or any portion thereof is available for inspection, sale, lease, rent, or directing people to a property, but not including temporary subdivision signs.

      •   ROOF SIGN. A sign constructed upon or over a roof, or placed so as to extend above the edge of the roof.

      •   SPECIAL EVENT SIGN/BANNER. A temporary sign or banner that is intended to inform the public of a community happening, action, purpose, or occasion (i.e., grand opening or community event).

      •   SYMBOLS OR INSIGNIA. Religious symbols, commemorative plaques or recognized historical agencies, or historical identification emblems of religious orders or historical agencies.

      •   TEMPORARY SIGN. A sign intended to be displayed for a limited period of time and capable of being viewed from a public right-of-way, parking area or neighboring property.

      •   UNDER MARQUEE SIGN. A sign suspended from a marquee or canopy.

      •   VEHICLE SIGN. A sign that is attached to or painted on a vehicle that is parked on or adjacent to any property, the principal purpose of which is to attract attention to a product sold or business located on the property.

      •   WALL SIGN. A sign that is attached to or painted on the exterior wall of a structure with the display surface of the sign approximately parallel to the building wall.

      •   WINDOW SIGN. A sign posted, painted, placed, or affixed in or on a window exposed to public view. An interior sign that faces a window exposed to public view and is located within 3 feet of the window.

      SIGN AREA. The entire area within a perimeter defined by a continuous line composed of right angles using no more than 4 lines that enclose the extreme limits of lettering, logo, trademark, or other graphic representation.

      SIGN HEIGHT. The vertical distance from the uppermost point used in measuring the area of a sign to the average grade immediately below the sign, including its base or the top of the nearest curb of the street on which the sign fronts, whichever measurement is the greatest.

      SITE. A lot or adjoining lots under single ownership or single control, considered a unit for the purposes of development or other use.

      SITE COVERAGE. See LOT COVERAGE.

      SPECIFIED ANATOMICAL AREAS. Defined as:

      •   A human anus, genitals, the pubic region or a female breast below a point immediately above the top of the areola that is less than completely and opaquely covered.

      •   Male genitals in a discernibly turgid state even if completely and opaquely covered.

      SPECIFIED SEXUAL ACTIVITIES. Defined as:

      •   Human genitals in a state of sexual stimulation or arousal.

      •   Sex acts, normal or perverted, actual or simulated, including acts of human masturbation, sexual intercourse, oral copulation or sodomy.

      •   Fondling or other erotic touching of the human genitals, pubic region, buttocks, anus or female breast.

      •   Excretory functions as part of or in connection with any of the activities under described above.

      STAND. A structure for the display and sale of products with no space for customers within the structure itself.

      STEALTH FACILITY. A telecommunications facility that is designed to blend into the surrounding environment, often by architecturally integrating the tower into a structure. Also referred to as a CONCEALED FACILITY.

      STORAGE OR USE OF HAZARDOUS MATERIALS. Any light, heavy operation that stores, uses, or produces materials on-site in sufficient enough quantities to create an immediate risk of impacts beyond the boundaries of the facility. These risks of impacts include those resulting from explosion, fire, migration to waterways, toxic gas release or release of radioactive gases. This definition includes but is not limited to uses such as manufacturing of batteries, storage of primary batteries, wet or dry; cement, lime and gypsum; creosote, including treatment of products; explosives, matches, and fireworks; fertilizer; oil, including refining or processing; and granaries, grain processing, and milling.

      STREET. A public thoroughfare accepted by the city, which affords principal means of access to abutting property, including avenue, place, way, drive, lane, boulevard, highway, road, and any other thoroughfare except an alley as defined in this section.

      STREET LINE. The boundary between a street right-of-way and property.

      STRUCTURE. Anything constructed or erected, the use of which requires attachment to the ground or attachment to something located on the ground. For the purposes of this Development Code, the term STRUCTURE includes BUILDINGS, but does not include swimming pools.

      STRUCTURE-MOUNTED. Equipment, fixtures, or building features that are mounted to the side or top of a structure.

      STRUCTURE, PRIMARY. See PRIMARY STRUCTURE.

      STUDIO. An enclosed space used by anyone engaged in artistic employment or instruction in painting, sculpture, photography, music, dancing, dramatics, literature, or similar activities.

   T.   Definitions, “T.”

      TELECOMMUNICATIONS FACILITY. The plant, equipment and property, including but not limited to, cables, wires, conduits, ducts, pedestals, antennas, towers, alternative tower structures, electronics and other appurtenances used to transmit, receive, distribute, provide or offer telecommunications services.

      TEMPORARY CONSTRUCTION OFFICE OR YARD. A facility or area used as a temporary field construction office or temporary outdoor storage of construction equipment and materials associated with an active permit to demolish or construct buildings, structures, or infrastructure.

      TEMPORARY REAL ESTATE SALES OFFICE. A facility or area used as a temporary office to sell land or buildings within a specified area or subdivision.

      TEMPORARY STRUCTURES. A structure without any foundation or footings, and that is removed when the designated time period, activity, or use for which the temporary structure was erected has ceased.

      TEMPORARY USES. A use of land that is designed, operated and occupies a site for a limited period of time. Permits are available for 3 days or less; or up to 30 days.

      THEATERS AND AUDITORIUMS. Indoor facilities for public assembly and group entertainment, other than sporting events, including: civic theaters, and facilities for “live” theater and concerts; exhibition and convention halls; motion picture theaters; public and semi-public auditoriums; and similar public assembly uses. Does not include outdoor theaters, concert and similar entertainment facilities, and indoor and outdoor facilities for sporting events; see OUTDOOR RECREATION AND ENTERTAINMENT.

      TOWER. For purposes of telecommunications facility regulations, any structure under the federal Telecommunications Act and Middle Class Tax Relief and Job Creation Act (as amended and interpreted by the federal courts) including, but not limited to self-supporting lattice, guy, monopole, or stealth towers, built for the sole or primary purpose of supporting any Federal Communications Commission-licensed or authorized antennas and their associated facilities.

      TRANSIT STATIONS AND TERMINALS. Passenger stations for vehicular, ferry, and rail mass transit systems; also terminal facilities providing maintenance and service for the vehicles operated in the transit system. Includes buses, taxis, railway, and the like.

      TRANSIT STOP SHELTERS. A small-scale covered waiting area for buses and taxis.

   U.   Definitions, “U.”

      UNIT. See HOUSING UNIT.

      USE. The purpose for which land or a structure is designed, arranged, intended, occupied, or maintained.

      USE, PRIMARY. See PRIMARY USE.

      UTILITY FACILITY. Fixed-base structures and facilities serving as junction points for transferring utility services from 1 transmission voltage to another or to local distribution and service voltages. These uses include any of the following facilities that are: corporation and maintenance yards; electrical substations and switching stations; natural gas regulating and distribution facilities; public water system wells, treatment plants and storage; telephone switching facilities; or wastewater treatment plants settling ponds and disposal fields. These uses do not include office or customer service centers (classified in OFFICES), or equipment and material storage yards.

      UTILITY INFRASTRUCTURE. Pipelines for water, natural gas, and sewage collection and disposal; and facilities for the transmission of electrical energy for sale, including transmission lines for a public utility company. Also includes telephone, telegraph, cable television and other communications transmission facilities utilizing direct physical conduits. Does not include offices or service centers (see OFFICES), or distribution substations (see UTILITY FACILITIES).

   V.   Definitions, “V.”

      VARIANCE (MAJOR AND MINOR VARIANCE). A discretionary entitlement, which is subject to review and decision by the Director or the BOA, that may waive or relax the development standards of this Development Code, in compliance with § 14.05.04D.

      VEHICLE AND FREIGHT TERMINALS. This land use consists of transportation establishments furnishing services incidental to air, motor freight, and rail transportation including: freight forwarding services; freight terminal facilities; joint terminal and service facilities; packing, crating, inspection and weighing services; postal service bulk mailing distribution centers; transportation arrangement services; and trucking facilities, including transfer and storage.

      VETERINARY HOSPITAL. An establishment that provides medical treatment and care to animals, and that may include temporary or overnight boarding of animals that are recuperating from treatment. This use may include a commercial boarding service, not related to overnight care for medical treatment, in the appropriate zoning district.

   W.   Definitions, “W.”

      WAREHOUSING AND WHOLESALE DISTRIBUTION. A facility engaged in the storage, wholesale, and/or distribution of raw and manufactured goods and products to individual, business, or wholesale clients; including accessory offices and showrooms, and incidental retail sales. Use includes cold storage, but excludes personal self-storage (mini-storage), and bulk storage of materials that are flammable or explosive or that create hazardous or commonly recognized offensive conditions.

      WATER-RELATED FACILITY. A public or quasi-public facility providing for boat docking, launching, mooring, and other similar marine related services, but not including a commercial marina.

   X.   Definitions, “X.” No specialized terms beginning with the letter “X” are used at this time.

   Y.   Definitions, “Y.”

      YARDS. An area between a lot line and a setback, unobstructed and unoccupied from the ground upward, except for projections permitted by § 14.04.01B.

      •   FRONT YARD. An area extending across the full width of the lot between the front lot line and the required setback.

      •   REAR YARD. An area extending the full width of the lot between a rear lot line and the required setback.

      •   SIDE YARD. An area extending from the front yard to the rear yard between the nearest side lot line and the required setback.

   Z.   Definitions, “Z.”

      ZERO LOT LINE. The location of a building on a lot in a manner that 1 or more building sides rests directly on a lot line.

      ZONING CLEARANCE. An authorization issued by the Department prior to issuance of any building permit to ensure that the proposed use and/or construction complies with all of the provisions of this Development Code.

      ZONING DISTRICT. Any of the residential, commercial, industrial, public, or overlay districts established by Article II of this Development Code (Zoning Districts, Allowable Land Uses, and Zone-Specific Standards), within which certain land uses are allowed or prohibited, and certain site planning and development standards are established.

(Ord. 24-1341, passed 8-13-2024; Ord. 22-1296, passed 10-25-2022; Ord. 20-1247, passed 12-8-2020; Ord. 20-1229, passed 1-28-2020; Ord. 18-1203, passed 8-14-2018; Ord. 16-1141, passed 2-23-2016)