A. The following definitions are used in this title, unless a different meaning is clearly indicated by the context or by a more specific definition:
1. Abutting: Properties having a common property line or boundary.
2. Access: The place, means, or way by which pedestrians and vehicles must have safe and usable ingress and egress to a property.
3. Accessory structure: A detached subordinate structure or building, the use of which is customarily incidental to the main building or to the principal use of land and which is located on the same parcel with the main building or principal use.
4. Accessory: A use customarily incidental and subordinate to the main building or principal use.
5. Acre: 43,560 square feet of land area.
6. Adjacent: Near or close to, but not necessarily touching or abutting or having a common dividing line, such as two properties separated by a street, alley, easement, or common area.
7. Adult day health care facility: Has the same meaning as defined in A.R.S. § 36- 401.
8. Adult foster care home: Has the same meaning as defined in A.R.S. § 36-401.
9. Amusement, indoor: Enclosed facilities for the purpose of sports, game playing or similar amusements, including but not limited to skating rink, bowling alley, billiards, ping pong, and mechanical, electronic, card, or board games. Has the same meaning as defined in A.R.S. § 36-401.
10. Amusement, outdoor: An establishment that offers games, rides, or other similar activities in a fixed location, including but not limited to miniature golf, amusement park, water slide, amphitheater, stadium, track, and drive-in theater.
11. Apiary: Where bees are kept for their honey, generally consisting of a number of hives.
12. Articulated: Divided into joints or segments.
13. Assisted living center: Has the same meaning as defined in A.R.S. § 36-401.
14. Assisted living home: Has the same meaning as defined in A.R.S. § 36-401.
15. Automobile fuel station: A retail establishment primarily engaged in selling automobile fuel, but not including auto repair shops, body and fender works, and similar repairing and painting uses.
16. Aviary: Large cage or building specifically designed for keeping birds.
17. Awning: An architectural projection or shelter projecting from, and supported by the exterior wall of, a building and composed of a covering of rigid or non-rigid materials and/ or fabric on a supporting framework that may be either permanent or retractable.
18. Bar: Premises used primarily for the sale or dispensing of alcoholic beverages by the drink for on-site consumption and where food may be available for consumption as an accessory use. Includes retail micro-brewery or micro-distillery.
19. Barn: A large accessory building used exclusively for the storage of grain, hay, and other farm products or farm equipment, or the sheltering of livestock.
20. Batching plant: Manufacturing facilities for the sorting, grading, and storage of aggregates as construction materials; includes concrete and asphalt batching plants.
21. Bed and breakfast: An owner-occupied residence where four or fewer rooms are offered for short-term rental, and provides meals only to its transient lodgers.
22. Berm: An earthen mound designed to provide visual interest, screen undesirable views, decrease noise, and/or control or manage surface drainage.
23. Board of adjustment: The town board of adjustment.
24. Buffer: Open spaces, landscaped areas, fences, walls, berms, or any combination of them, used to physically separate or screen one use or property from another to visually shield or block noise, lights, buildings, other nuisances, or provide privacy.
25. Buildable area: The lot area where a building can be placed after yard setbacks and easements are deducted.
26. Builder: The builder is the purchaser of a development area, or portions of a development area who will build or provide for building within their areas of ownership.
27. Building: Any structure having a roof and walls built and maintained for the support, shelter, or enclosure of persons, animals, or things.
28. Building height: The vertical distance between the finished floor elevation and the highest point of the building, excluding chimneys, vents and antennae.
29. Building mass: The three-dimensional bulk of a building measured in height, width, and depth.
30. Building site: The ground area of a building or buildings together with all adjacent open spaces.
31. Business or commercial: The purchase, sale or other transaction involving the handling or disposition, other than that included in the term "industry" as defined in this section, of any article, substance or commodity for profit or gain.
32. Camp, farm labor: A building or complex of buildings located on an operating farm that is intended to house farm workers and/or their families on a seasonal basis.
33. Caretaker quarters: Accessory dwelling unit that is either built into or onto an existing primary building or is placed on the same parcel and adjacent to the primary building, and whose occupants are responsible for providing security for the property or complex (commercial or industrial uses) or for providing living or health care assistance to a resident of the primary dwelling unit (residential uses).
34. Carport: An attached or detached roofed structure providing space for the storage of one or more motor vehicles and enclosed on not more than three sides by walls.
35. Character: Attributes, qualities, and features that give function, definition, and uniqueness to a development project.
36. Chicken: A female chicken.
37. Child care facility: Has the same meaning as defined in A.R.S. § 36-881.
38. Child care home: A single-family residence where child care is regularly provided during a portion of a day for four or fewer children not related to the proprietor.
39. Colony: A controlled honey bee brood including a single queen bee, drones, and workers.
40. Commercial center: A development containing one or more retail stores, restaurants, hotels, motels, and similar businesses within a single building or multiple buildings.
41. Commercial vehicle: Any motor vehicle, trailer, or semi-trailer designed or used to carry freight, passengers for a fee, or merchandise in the furtherance of any commercial enterprise and having a gross weight of more than 10,000 pounds. Includes heavy machinery equipment, dump trucks, tractor and trailer rigs, either as one unit or separately, vehicles having more than two axles on the road, and similar vehicle not ordinarily used for personal transport.
42. Common area: An area of common access or use designed to serve two or more separate dwelling units which may or may not be under separate ownership.
43. Community garden: A private or public facility for cultivation of fruits, flowers, vegetables, or ornamental plants by more than one person or family.
44. Community recreation: Community facilities for a specific subdivision and common to a homeowner's association, including sports courts, swimming pools, spas, recreation buildings, patio shelters and similar uses.
45. Compatible: Capable of existing together in harmony and without conflict or ill effects.
46. Composting facility: A facility to process raw organic by-products into biologically stable organic material.
47. Condominium: A form of real estate ownership as defined in A.R.S. § 33-1202.
48. Condominium project: A project that includes a condominium.
49. Contractor's yard: A facility or area for the storage of materials, equipment, and commercial vehicles utilized by building and construction contractors, craftsmen, and tradesmen.
50. Corral: A pen or enclosure for confining animals.
51. County: Pima County, Arizona, or Pinal County, Arizona, as applicable to the particular geographic area.
52. Cul-de-sac: A local street with only one outlet and having an appropriate terminal for the safe and convenient reversal of traffic movement.
53. Curbway: The landscaped area between the outside edge of a sidewalk and the inside edge of a curb.
54. Dairy farm: Area where dairy animals are kept for milking and from which a part or all of the milk is sold, offered for sale or supplied for human consumption, and includes all buildings, yards and premises occupied or used in connection with the production of milk.
55. Density: The number of dwelling units that may be constructed per a unit of measure of land area. Usually expressed using the acre as the unit of measure.
56. Designated commercial area: A lot in zone A where the only building or buildings were originally designed and constructed to accommodate business, commercial, office, industrial, or warehousing uses and not residential uses.
57. Developer: Any person, group or entity proposing or constructing a development as defined by the land development code.
58. Development: The act of bringing about growth; to construct or alter a structure, to make a change in use or appearance of land, to divide land into parcels, or to create or terminate rights of access. When appropriate to the context, development refers to the act of development or to the result of development within the town.
59. Development plan: A dimensioned presentation of the proposed development of a parcel of land that depicts the location of buildings, easements, parking arrangements, public access, street pattern, and other similar features.
60. Distribution center: A specialized place in a building or a warehouse used in the order fulfillment process to receive, store temporarily, and redistribute goods to resellers or wholesalers, or directly to consumers.
61. Donation bin: A container used for the collection of items donated by the general public for reuse by others.
62. Driveway: A private method of vehicular access contained fully within a lot.
63. Drought tolerant vegetation: Low water use plants, which after established, survive within the Sonoran desert climate with little or no supplemental watering.
64. Duplex: A residential building containing two dwelling units.
65. Dwelling: A building or portion thereof, designed and used exclusively for residential occupancy, including single-family, duplex, and multi-family, but not including hotels, boarding or lodging houses.
a. Multi-family dwelling: A residential building containing three or more dwelling units, each designed for occupancy by an individual or one family as a residence.
b. Single-family dwelling: A building designed for occupancy by one family as a residence.
c. Two-family dwelling: See duplex.
66. Easement: A nonpossessory interest in another's land entitling the holder to a specific limited right, use, or enjoyment; including public utilities, ingress and egress, access control, drainage, or other specific purposes.
67. Electric utility: A business providing ancillary services, electric distribution services, electric generation services, electric transmission services and other services related to providing electricity to retail customers.
68. Energy storage: Technologies that capture or absorb electricity, store it as another form of energy (chemical, thermal, mechanical), and then release it for use when it is needed.
69. Energy storage facility: Building, structure, or land used for energy storage.
70. Facade: Any side of a building that faces a street or other open space. The front facade is the front or principal face of a building.
71. Family: Any number of related persons living together within a single dwelling unit and living as a single house-keeping unit, except that "family" shall not include more than six persons unrelated by blood, marriage, or adoption.
72. Farmers market: A structure or place where agricultural produce is brought for the purpose of retail sale.
73. Farming: The growing of crops in the soil in the customary manner in the open. Does not include the raising of livestock.
74. Feedlot: Any fenced area used commercially for the purpose of fattening livestock for slaughter or sale.
75. Fence: An upright structure of non-cementitious material, serving to enclose, divide, protect, or screen.
76. Fitness center: An establishment that provides exercise facilities such as running, jogging, aerobics, weight lifting, court sports, and swimming, as well as locker rooms, showers, massage rooms, saunas and related accessory uses.
77. Floor area ratio: A ratio expressing the amount of square feet of floor area permitted for every square foot of land area within a site. The floor area ratio is usually expressed as a single number.
78. Food processing facility: Manufacturing establishment producing or processing food and related products. Includes production or processing of any of the following:
a. Bakery, sugar and confectionery products (except facilities where the products are primarily sold on-site).
b. Dairy products.
c. Fats and oil products (excludes rendering plant).
d. Fruits and vegetables.
e. Grain mill products and by-products.
f. Meat, poultry, and seafood (excludes slaughterhouse).
79. Foster home: Has the same meaning as defined in A.R.S. § 8-501. Includes group foster home, regular foster home, and special foster home, all as defined in A.R.S. § 8-501.
80. Four-sided architecture: Multiple architectural details on all sides of a building.
81. Fowl: A bird used to produce meat or eggs, including, but not limited to, chickens, ducks, turkeys, and peacocks.
82. Frontage:
a. Building frontage: The exterior side of a building that faces and is most nearly parallel to a public or private street; or the total length of that exterior side. In case of ambiguity, the planning manager shall determine the building frontage based on the visual width of the building as viewed from the street.
b. Frontage buildout: The ratio of the building frontage to the street frontage.
c. Street frontage: Where the property line abuts a road right-of-way other than an alley; or the length of that portion of the property line that abuts a road right-of-way other than an alley.
83. Garage: A fully enclosed accessory building or portion of the main building, designed or used for the shelter or storage of vehicles owned or operated by the occupants of the main building.
84. General plan: The town general plan.
85. Grade: The average of the finished ground level at the center of all of the exterior walls of a building. In case the front wall is parallel to and within five feet of a sidewalk, the grade must be measured at the sidewalk at the centerline of the front of the lot.
a. Existing grade: The actual, current ground surface as of January 1997.
b. Finished grade: The final grade conforming to the approved grading plan.
c. Rough grade: The stage at which grading substantially conforms to the approved grading plan.
86. Grading: The initial clearing, brushing, or grubbing, and subsequent excavating or filling, of a site.
87. Greenhouse: A building or structure devoted to the protection or cultivation of plants and constructed chiefly of glass, glasslike or translucent material, cloth, or lath.
88. Gross floor area: The sum of the areas of all horizontal surfaces of a building, measured from outside surface to outside surface.
89. Guest quarters: Living quarters for guests, relatives, or servants in an accessory building or within the principal residence and not used for income-producing purposes.
90. Helistop: An area designed to be used for the landing or takeoff of one helicopter, the temporary parking of one helicopter, and other facilities as may be required by federal and state regulations, but not including operation facilities such as maintenance, storage, fueling, or terminal facilities.
91. Hive: A movable-frame receptacle used for keeping bees which may consist of one or more frames on a single box stand.
92. Home occupation: Any activity conducted by a resident for gain as an accessory use in the resident's dwelling unit.
93. Hospital: Any building used for overnight accommodation and medical care of human patients, but excluding clinics, long-term care facilities, and convalescent homes.
94. Hotel: A building containing six or more guest rooms, in which lodging is provided and offered to the public for compensation and which is open to transient guests, together with commercial accessory uses operated primarily for the convenience of the guests thereof.
95. Household pet: Any animal commonly accepted as a domesticated pet and typically housed within the primary residential structure.
96. Improvement: Any man-made immovable item which becomes part of, places upon, or is affixed to real estate. Improvements are typically required to be installed as a condition of approval or acceptance of a development. They may include, but are not limited to, roads, water facilities, easements, traffic control devices, utility lines, and other similar facilities.
97. Indoor assembly: Enclosed facilities for the purpose of (but not limited to) banquet halls, auditoriums, clubs and lodges, conference centers, and theaters, including kitchen for the preparation of food to be consumed at the premises.
98. Industry: The manufacture, fabrication, processing, reduction or destruction of any article, substance or commodity, or any other treatment that changes its form, character, or appearance.
99. Ingress: Access or entry.
100. Invasive species: A non-native species whose introduction does or is likely to cause economic or environmental harm, or harm to human, animal, or plant health.
101. Junkyard: A place where scrap, waste, discarded or salvaged materials are bought, sold, exchanged, baled, packed, disassembled, handled, or stored in the open, including, but not limited to, automobile wrecking yards, used lumber yards, and places or yards for the storage of salvaged house wrecking and structural steel materials, and equipment. Excludes farming operations, or activities conducted entirely within a completely enclosed building and where salvaged materials are kept incidental to manufacturing or other industrial or agricultural operations conducted on the premises.
102. Kennel: Any enclosure, premises, building, structure, lot or area where dogs, cats, or other animals are kept, raised, sold, boarded, bred, shown, or groomed for compensation.
103. Laboratory: A building or group of buildings whose primary use is medical or scientific research, investigation, testing or experimentation.
104. Landscaping: The use and arrangement of living vegetation, such as trees, bushes, and groundcovers, together with inert materials such as wood, rocks, brick, and decomposed granite.
105. Land split: The division of improved or unimproved land whose area is two and one-half acres or less into two or three tracts or parcels of land for the purpose of sale or lease.
106. Land use: A description of how land is occupied or utilized.
107. Livestock auction yard: A parcel of land and accompanying buildings used for the sale by auction of livestock offered on consignment.
108. Livestock, large: Includes cattle, horses, oxen, donkeys, mules, llamas, and other similar animals.
109. Livestock, small: Includes sheep, goats, miniature horses and other similar animals.
110. Long-term care facility: A facility in a nonresidential setting that provides continuous inpatient beds, medical supervision, and medical care for a period exceeding 72 hours to eight or more residents who do not require hospital care or direct daily care from a physician.
111. Lot: A tract of land bounded on all sides by property lines, of sufficient size to meet minimum zoning requirements, of use, coverage, area, setbacks, and other areas as required by these regulations with legal access to a public street.
112. Lot area: The total land area, measured in a horizontal plane, included within the lot property lines.
a. Lot, corner: A lot located at the intersection of two or more streets.
b. Lot, interior: A lot other than a corner or key lot.
c. Lot, key: Any lot where the side lot line abuts the rear lot line of other lots.
113. Lot coverage: The area of a site occupied by structures and other buildings.
114. Lot depth: The horizontal distance between the front and rear lot lines.
115. Lot improvement: Any building, structure, work of art, or other object or improvement of the land on which they are situated constituting a physical betterment of real property, or any part of such betterment.
116. Lot line: A line of record bounding a lot.
a. Common lot line: any side or rear property line that abuts another side or rear property line, not including side or rear property lines abutting a street or alley.
b. Front lot line: the lot lien separating a lot from the street and providing sole or primary access to the property.
c. Rear lot line:
i. The lot line which is opposite and most distant from the front lot line.
a) Entirely within the lot,
b) At least ten feet long, and
c) Parallel to and most distant from the front lot line.
d. Side lot line: Any lot line not a front lot line or a rear lot line.
i. A side lot line separating a lot from a street is a street side lot line.
ii. A side lot line separating a lot from another lot is an interior side lot line.
117. Lot width: The mean horizontal width of the lot measured at right angles to the lot depth.
118. Main building: A building where the principal permitted use of a lot or parcel is conducted.
119. Manufactured home:
a. A single-family dwelling structure transportable in one or more sections manufactured after June 15, 1976, to standards established by the U.S. department of housing and urban development. The structure is built on a permanent chassis and designed to be used as a dwelling, with or without a permanent foundation, when connected to the required utilities.
b. A single-family dwelling structure transportable in one or more sections manufactured before June 15, 1976, and still legally permissible for residential occupancy.
c. Does not include a "recreational vehicle."
120. Manufactured home park: A residential use in which more than two manufactured home spaces are located on a single site area. The spaces may be leased, rented or sold. If the individual spaces are sold, the remainder of the use must be in the common ownership of all unit owners.
121. Manufacturing:
a. Light manufacturing: The manufacturing, production or assembly of products predominately from previously prepared materials, of finished products or parts, including processing, fabrication, assembly, treatment, and packaging of such products, and incidental storage, sales, and distribution of such products, where all manufacturing activities are contained entirely within a building and do not endanger neighboring properties. Includes large-scale printing and publishing.
b. Heavy manufacturing: The manufacturing, production, assembly, or processing of products where noise, odor, vibration, illumination, or particulate matter may be offensive or obnoxious to adjacent land uses. Includes any establishment or facility using unscreened outdoor structures that cannot be integrated into the building design, such as conveyor belt systems, cooling towers, cranes, storage silos, or similar equipment. Includes uses with large scale outdoor storage or storage of on-site hazardous materials.
122. Maximum extent practicable: Under the circumstances, reasonable efforts have been undertaken to comply with the regulation or requirement, that the cost of additional compliance measures clearly outweigh the potential benefits to the public, and reasonable steps have been undertaken to minimize any potential harm or adverse impacts resulting from the noncompliance.
123. Medical clinic: A building containing an association or group of physicians, dentists, clinical psychologists, or similar professional health care practitioners, including allied professional assistants who are assembled for the purpose of carrying on their professions. The health care facility may include pharmacy, dental and medical laboratories, tissue labs, and/or X-ray facilities, but shall not include inpatient care or operating rooms for major surgery.
124. Medical marijuana dispensary: A nonprofit medical marijuana dispensary duly registered and certified pursuant to A.R.S. § 36-2804.
125. Micro-hospital: A medical facility providing services offered by a traditional full-service hospital but located in a smaller-scale facility of 15,000 to 50,000 square feet.
126. Mixed-use: Development physically and functionally integrating at least one primary residential use with at least one primary non-residential use.
127. Model home: A dwelling unit used initially for display purposes which typified the type of units that will be constructed in the subdivision.
128. Modular home: A dwelling unit which is either wholly or in substantial part manufactured at an offsite location to be assembled on site, and which complies with the building code adopted by the town.
129. Motel: A facility offering transient lodging accommodations of six or more rental units. A majority of all rental units have direct access to the outside without the necessity of passing through the main lobby of the building. Guests are generally traveling by automobile and parking is located convenient to each unit.
130. Native vegetation: Plants indigenous to an area.
131. Natural features: Include but are not limited to floodplains and surface drainage channels, washes, stream corridors and other bodies of water, steep slopes, prominent ridges, bluffs, or valleys, and existing trees and vegetation.
132. Nearby land: For purposes of significant land use change notice and protest requirements applicable in zones A-E, land lying within (a) one-quarter of a mile of a proposed significant land use change on a lot containing 2.5 acres or less, (b) one-half mile of a proposed significant land use change on a lot containing more than 2.5 acres but less than 25 acres, or (c) one mile of a proposed significant land use change on a lot containing 25 acres or more.
133. Nonconforming: A parcel of land, or a building or structure, or portion thereof, or a use, which does not conform to the provisions of this land development code, and which was legally established prior to the effective date of the provision of this land development code to which it does not conform.
134. Nuisance: Annoying, unpleasant or obnoxious and out of character with the neighboring area.
135. Nursery: A place where young trees or other plants are raised for transplanting or for sale, but does not include commercial fertilizer yard or processing plant.
136. Office: A building or portion of a building where predominantly administrative, professional, or clerical services are performed.
137. Off-site: Any premises not on-site.
138. Off-street parking: Parking of motor vehicles in a location other than a street or public way.
139. On-site: Of or pertaining to a space within the boundaries of a subdivision lot or parcel.
140. Open space:
a. General: Any area to be kept in open uses including recreational lands such as golf courses and parks, desert, floodways, floodplains, greenbelts, common areas, and other unbuilt, vegetated areas.
b. Natural undisturbed open space (NUOS): An area of land with natural vegetation that is unimproved and not occupied by structures or man-made impervious surfaces that is set aside, dedicated or reserved in perpetuity as a conservation area.
141. Open storage: The use of premises for keeping or storing goods, commodities, containers or equipment other than in a wholly enclosed building. Public parking, or the parking or storing of an operable vehicle in a parking space, is not open storage.
142. Orient: To bring in relation to, or adjust to, the surroundings, situation, or environment; or to set or arrange in a determinate position.
143. Pad site building: A commercial building that is physically separate from the principal or primary building.
144. Parcel: An area of land defined by a legal description and recorded with the county recorder.
145. Parking lot: Any area of a site or structure used as a parking area for more than four motor vehicles.
146. Parking space: A space for the parking of a motor vehicle, exclusive of driveways and ramps.
147. Permitted use: A land use allowed as a property right within a zoning category subject only to the requirements listed for that use.
148. Person: Any individual, partnership, co-partnership, firm, company, corporation, association, joint stock company, trust, estate, governmental entity, or any other legal entity; or their legal representatives, agents, or assigns.
149. Personal service: A business that provides personal services directly to customers at the site of the business, or which received goods from or returns goods to the customer which have been treated or processed at another location. Includes but is not limited to travel agency, dry-cleaning and laundry drop-off and pick-up station, tailor, hair stylist, cosmetician, toning or tanning salon, branch office of financial institution, photocopying service, postal substation, package delivery drop-off and pick-up station, shoe repair shop, haberdashery, interior design studio, domestic pet grooming and care service, and art, music, dance and martial arts school.
150. Phase: A portion of a development project scheduled for construction and occupancy as an entity apart from other phases of the development.
151. Place of worship: A building or group of buildings used primarily as a place of communion or worship. Includes convents, religious educational buildings and parish houses, but not parochial schools.
152. Planning commission: The town planning commission.
153. Plat: A map of a subdivision.
a. Final plat: A map of all or part of a subdivision essentially conforming to an approved preliminary plat, and prepared in accordance with the provisions of the town subdivision regulations.
b. Preliminary plat: A preliminary map, including supporting data, indicating a proposed subdivision design prepared in accordance with the provisions of the town subdivision regulations.
c. Recorded plat: A final plat bearing all of the approvals required by state law and local regulations and recorded in the office of the recorder of the county where the land shown on the plat is located.
154. Power plant: A facility that converts one or more energy sources, including but not limited to water power, fossil fuels, or nuclear power into electrical energy or steam. A power generation plant may also perform either or both of the following: (a) operation of a transmission system that conveys the energy or steam from the generation facility to a power distribution system; (b) operation of a distribution system that conveys energy or steam from the generation facility or the transmission system to final consumers.
155. Premises: A lot and the buildings and other structures located on it.
156. Principal building: The building or structure on a commercial development site with the greatest amount of gross floor area.
157. Primary material: Material covering 75% or more of the wall elevation or the individual material that constitutes the majority.
158. Principal use: The primary or predominant use of any lot or parcel.
159. Private school: A privately funded primary, secondary, post-secondary, or vocational educational facility.
160. Quasi-public land use: Use of the land by private, not-for-profit institutions or organizations for purposes which may, in fact, be public uses, or which may be restricted to a particular group, but which generally involve the use of the land or the facility located thereon by a large number of people; including but not limited to churches, private schools, not-for-profit social organizations, hospitals, welfare organizations, or non-profit medical centers.
161. Ratite: Members of the group ratitae; large flightless birds, including emus and ostriches.
162. Recreational vehicle (RV): Any type of vehicle used primarily for recreational pleasure. Examples include but not limited to travel trailers, motor homes, boats, snowmobiles, etc. Recreational vehicles shall include any mobile structure designed for temporary occupancy, but shall exclude manufactured homes.
163. Redevelopment: Development on a tract of land with existing structures where all or most of the existing structures would be razed and a new structure or structures built.
164. Registered engineer: An engineer properly licensed and registered in the state of Arizona.
165. Registered land surveyor: A land surveyor properly licensed and registered in the state of Arizona.
166. Rendering plant: A facility where packing house waste, kitchen grease, and dead animals are processed into industrial fats and oils (such as tallow for soap) and various other products (such as fertilizer, food, or biodiesel).
167. Residences per acre: The permitted number of residences per gross acre (43,560 square feet of land area).
168. Resort. A building or group of buildings containing five or more guest rooms, other than a hotel, and including amenities and outdoor recreational activities intended for the primary use of its guests such as, but not limited to, horseback riding, golf course, swimming, sports courts, and dining facilities.
169. Restaurant: An establishment where food and beverages may be purchased and consumed.
170. Retail establishment: A building, property, or activity whose principal purpose is the sale of goods, products, or materials directly to the consumer. Includes but is not limited to clothing stores, appliance stores, bakeries, food stores, grocers, caterers, pharmacies, book stores, florists, furniture stores, hardware stores, pet stores, toy stores, indoor tool and equipment rental, and variety stores. Does not include restaurants, personal service, commercial amusements, or cleaning or processing establishments.
171. Riding arena: An area used for riding and training horses or other livestock.
172. Right-of-way:
a. General: A strip of land occupied or intended to be occupied by a street, crosswalk, railroad, road, electric transmission line, oil or gas pipeline, water main, sanitary or storm sewer main, or for another special use.
b. Public: Same as above, but owned by a government entity.
173. Rodent: Any member of the order rodentia, such as, but not limited to: mice, rabbits, and hares.
174. Rodeo grounds: An area used for riding, training, or showing horses or livestock, or for competition involving those animals.
175. Roof: The outside top covering of a building.
176. RV park: A parcel of land under single or common ownership where two or more spaces are leased, rented or sold for occupancy of a recreational vehicle. A fee may or may not be charged for the use of the individual space.
177. RV space: An area within the RV park for the placement of a recreational vehicle, in addition to any exclusive use area adjacent to the unit set aside for the occupants of the recreational vehicle, such as patio or parking space.
178. Screen: A barrier that functions to shield, protect or conceal.
179. Setback: The minimum distance a building must be set back from a property line of a parcel or a specified point.
180. Sexually oriented business: Any business regulated by town code chapter 9-7 (sexually oriented businesses).
181. Sign: See definition in chapter 17-10.
182. Single-family dwelling: A dwelling unit with kitchen and sleeping facilities, designed for occupancy by and occupied by one family. Includes "adult developmental home," "child developmental certified home," "child developmental home," "group home," and "intermediate care facility for individuals with intellectual disabilities," each as defined in A.R.S. § 36-551; includes "residential facility" as defined in A.R.S. § 36-581; includes "adult foster care home" and "assisted living home" each as defined in A.RS. § 36-401, and includes "child care group home" as defined in A.R.S. § 36-897.
a. Attached single-family dwelling: A dwelling unit attached to one or more dwelling units by structural elements common to the attached units with each dwelling unit located on its own individual lot. The structural elements include common wall construction, roof, or other similar improvement. Elements like trusses, beams, and patio walls are not included.
b. Detached single-family dwelling: A dwelling unit which is not attached to any other dwelling unit by any structural elements and located on its own separate lot.
183. Site: The land area designated for a development project, exclusive of any abutting public right-of-way. The land area can be a portion of a lot, a single lot, or can consist of more than one lot.
184. Site plan: A drawn-to-scale plan of a site showing the location of existing and proposed uses, structures, lot lines, streets, open spaces, landscape features, and utilities.
185. Slaughterhouse: A facility for the slaughtering and processing of animals and the refining of animal byproducts.
186. Solar energy system or solar power plant: A device or series of mechanisms designed for a utility provider to provide heating, to provide cooling, to produce electrical power, to produce mechanical power, or to provide any combination of the foregoing by means of collecting and transferring solar generated energy into such uses either by active or passive means.
187. Special event venue: A location primarily devoted to special events such as weddings, large parties, and banquets.
188. Specific plan: A precise plan for a specific piece of property, or properties, typically under single ownership, which contains all the elements as specified within these regulations, and which has been adopted by the council, and which may supersede these land use regulations as they might otherwise apply to the specified property.
189. Specimen plant: A plant that is grown in relatively open ground with little competition and therefore develops an unnaturally (in most cases) broad spread and dramatic form. Contrast with masses, drifts, thickets, or groves of plants, in which individual specimens intermingle with each other and may even be hard to distinguish from each other.
190. Sports court: Improved athletic space, typically constructed outdoors, where such games as basketball, volleyball, paddle tennis and other racquet sports and other games and activities can be played.
191. Stables: Structures where animals are kept.
a. Private stables: Structures where animals are kept for private use.
b. Public stables: Structures where animals are kept for sale or hire; breeding, boarding, and or training.
192. Standards: Mandatory regulations. Standards are indicated by use of the term "must."
193. Stockyard: A penned enclosure, or structure, where small or large livestock are maintained temporarily for the purpose of slaughtering, marketing or shipping.
194. Story: A space in a building between the surface of any floor and the surface of the floor next above, or if there is no floor above, then the space between such floor and the ceiling or roof above.
195. Street: Any existing or proposed street, avenue, boulevard, road, land, parkway, place, bridge, viaduct or easement for public vehicular access or a street shown in a plat approved pursuant to town, county, state of Arizona or other governmental unit regulations, or a street on a plat which has been approved by a unit of government and duly filed and recorded in the office of the county recorder. A street includes all land within the street right-of-way whether improved or unimproved, and includes such improvements as pavement, shoulders, curbs, gutters, sidewalks, parking space, bridges and viaducts.
a. Arterial: A street that serves or is intended to serve as a major way by which traffic may be conveyed between the town and other communities as well as between major population or activity concentrations within the town. Arterials are designated in the transportation plan element of the town general plan, and are generally one-mile apart on section lines.
b. Collector: A street that is supplementary to an arterial and serves, or is intended to serve, to convey traffic between neighborhoods or similar areas within town. Collectors are typically at half-mile points within a section.
c. Half street: A right-of-way dedicated for a new street by a developer equal to only one-half of the total right-of-way width required.
d. Local street: A street used primarily to gain access to the property bordering it. Does not include arterials or collectors.
e. Major street: A street shown on the future circulation map.
The future circulation map is figure 2-4 of the Marana General Plan
f. Minor street: A street not shown on the future circulation map.
g. Primary arterial: A road intended to move traffic to and from such major attractions as villages, regional shop-ping centers, colleges and/or universities, major industrial areas and similar traffic generators within the town and/or as a route for traffic between communities or large areas.
h. Walkable mixed-use street: A local multi-modal thoroughfare with a range of speeds and capacities.
196. Street center line: The centerline or monument line of a street or road right-of-way as established by an official survey.
197. Street right-of-way width: The distance between property lines measured at right angles to the center line of the street.
198. Streetscreen: An evergreen hedge, opaque fence, wall, or similar feature built along a street frontage that screens a parking lot from the street, provides privacy to a side yard, or delineates the public right-of-way.
199. Structure: Anything constructed or erected which requires location on or in the ground or is attached to something having a location on the ground. Structures do not include ditches and their appurtenances, poles, lines, cables, or transmission or distribution facilities of public utilities, freestanding mailboxes, on grade slabs, walks, driveways, landscaping materials and fences.
200. Subdivider: Has the same meaning as in the definition of "subdivider" under Arizona law.
201. Subdivision: A division of land that meets the definition of "subdivision" under Arizona law.
202. Subdivision design: Street alignment, grades and widths, alignment and widths of easements and rights-of-way for drainage and sanitary sewers and the arrangement and orientation of lots as set forth in the town subdivision regulations or design manuals, or both.
203. Subdivision improvements: Infrastructure and improvements required to be constructed or installed as a condition of subdivision approval pursuant to town subdivision regulations or state law, including but not limited to grading, sewer and water utilities, streets, easements, and traffic control devices.
204. Swine: Any hoofed animal of the porcine species, such as a pig.
205. Temporary retail: A temporary retail activity, including but not limited to:
a. Automobile, boat, or RV sales;
b. Seasonal sale of products, such as Christmas trees, pumpkins, and fireworks;
c. Street vendors. Does not include "mobile food vendors" as defined in section 9-13-2(C).
206. Temporary use: Any use allowed for a specified period of time. A use not of a permanent nature.
207. Television, radio, or film studio: A facility for the production of films and/or the production and broadcast of television and radio programs including but not necessarily limited to offices, dressing rooms, studios, sound stages, file rooms, and set stage, but not including transmitting facilities, unless a conditional use permit is obtained under chapter 17-18.
208. Townhouse: A single-family dwelling in a row of at least three, attached, in which each unit has its own separate front entrance, and no unit is located over another unit.
209. Transitional housing: A dwelling shared as a primary residence by adult persons with disabilities, as that term is defined under federal law for purposes of the Fair Housing Act, who live together in an environment that may provide self-support or resident staff persons providing care, education, or activities for the residents. Transitional housing's primary purpose is to provide shelter in a residential family-like environment. Examples of transitional housing include but are not limited to sober living homes as defined in A.R.S. § 36-2061, and adult behavioral health therapeutic homes as defined in A.R.S. § 36-401.
210. Transportation corridor: Land occupied by transportation facilities, including airports, railroads, roads, irrigation canals, or public utility line, or which is immediately adjacent to such facilities, and which has been designated for the purpose of accommodating such modes of transportation and related uses.
211. Truck stop: A vehicle fueling station along or near an interstate highway; may include a restaurant, sleeping and showering rooms, a store selling basic items, and similar uses.
212. Use: The purpose for which land or a building is arranged designed or intended, for which either land or building is or may be occupied or maintained.
213. Utilities: Services such as natural gas, electricity, water, telephone, and cable television.
214. Utility facility: Building, structure, or land used by a utility, railroad, or governmental agency for uses such as, but not necessarily limited to, water or sewage treatment plants or pumping stations, substations, telephone exchanges, and resource recovery facilities, but not including a power plant, a solar energy system or solar power plant, an energy storage facility, and land, buildings, or structures used solely for storage and maintenance of equipment and materials.
215. Vacation rental: Has the same meaning as in the definition of “vacation rental” under Arizona law.
216. Variance: An exception to the provisions of these regulations.
217. Veterinary clinic: Any establishment maintained and operated by a licensed veterinarian for the diagnosis and treatment of diseases and injuries of animals and for short-term boarding incidental to treatment.
218. Wall: An upright opaque structure of stone, brick, block, or similar cementitious material, serving to enclose, divide, support, protect, or screen.
219. Warehouse: A building where goods are received and stored indoors for distribution or wholesale sale.
220. Water harvesting: The capture and storage of water, especially rainwater, for later agricultural, industrial, or domestic use.
221. Wireless communication facility: A facility used for the transmission and reception of radio or microwave signals or for commercial wireless communications.
222. Yard: Any open space other than a court on the same lot with a building or dwelling group which open space is unoccupied and unobstructed from the ground upward to the sky except for the projecting and/or accessory buildings permitted by these regulations.
B. The definitions set forth in this section supplement the definitions set forth in chapter 1-3 of this code.
C. Additional definitions that apply to specific chapters of this title may be found in the applicable chapter.
Ordinance 2022.026 added definition 67., 68., and 69. and renumbered subsequent definitions; amended definition 154.; added definition 186; amended definition 214
Ordinance 2023.032 amended definitions 182. and 209.
A.R.S. § 36-401 includes the following definitions:
4. "Adult day health care facility" means a facility that provides adult day health services during a portion of a continuous twenty-four-hour period for compensation on a regular basis for five or more adults who are not related to the proprietor.
5. "Adult day health services" means a program that provides planned care supervision and activities, personal care, personal living skills training, meals and health monitoring in a group setting during a portion of a continuous twenty-four-hour period. Adult day health services may also include preventive, therapeutic and restorative health-related services that do not include behavioral health services.
6. "Adult foster care home" means a residential setting that provides room and board and adult foster care services for at least one and no more than four adults who are participants in the Arizona long-term care system pursuant to [A.R.S. § 36-2931 et seq.] or contracts for services with the United States department of veterans affairs and in which the sponsor or the manager resides with the residents and integrates the residents who are receiving adult foster care into that person's family.
7. "Adult foster care services" means supervision, assistance with eating, bathing, toileting, dressing, self -medication and other routines of daily living or services authorized by rules adopted pursuant to § 36-405 and § 36-2939, subsection C.
8. "Assisted living center" means an assisted living facility that provides resident rooms or residential units to eleven or more residents.
9. "Assisted living facility" means a residential care institution, including an adult foster care home, that provides or contracts to provide supervisory care services, personal care services or directed care services on a continuous basis.
10. "Assisted living home" means an assisted living facility that provides resident rooms to ten or fewer residents.
A.R.S. § 36-881 includes the following definitions:
1. "Child" means any person through the age of fourteen years. Child also means a person who is under eighteen years of age if the child has a developmental disability as defined in § 36-551 or has at least one of the disabilities listed in § 15-761, paragraph 2 and requires special education as defined in § 15-761.
2. "Child care" means the care, supervision and guidance of a child or children, unaccompanied by a parent, guardian or custodian, on a regular basis, for periods of less than twenty-four hours per day, in a place other than the child's or the children's own home or homes.
3. "Child care facility" means any facility in which child care is regularly provided for compensation for five or more children not related to the proprietor.
A.R.S. § 8-501 includes the following definitions:
6. "Foster home" means a home that is maintained by any individual or individuals having the care or control of minor children, other than those related to each other by blood or marriage, or related to such individuals, or who are legal wards of such individuals.
8. "Group foster home" means a licensed regular or special foster home that is suitable for placement of more than five minor children but not more than ten minor children.
13. "Regular foster home" means a licensed foster home that is suitable for placement of not more than five minor children.
16. "Special foster home" means a licensed foster home that is capable of handling not more than five minor children who require special care for physical, mental or emotional reasons or who have been adjudicated delinquent. Special foster home includes any home handling foster children aged twelve through seventeen.
A.R.S. § 36-551 includes the following definitions:
2. "Adult developmental home" means a residential setting in a family home in which the care, physical custody and supervision of the adult client are the responsibility, under a twenty-four-hour care model, of the licensee who, in that capacity, is not an employee of the division or of a service provider and the home provides the following services for a group of siblings or up to three adults with developmental disabilities:
(a) Room and board.
(b) Habilitation.
(c) Appropriate personal care.
(d) Appropriate supervision.
11. "Child developmental certified home" means a regular foster home as defined in § 8-501 that is licensed pursuant to § 8-509 and that is certified by the department pursuant to § 36-593.01.
12. "Child developmental home" means a residential setting in a family home in which the care and supervision of the child are the responsibility, under a twenty-four-hour care model, of the licensee who serves as the developmental home provider of the child in the home setting and who, in that capacity, is not an employee of the division or of a service provider and the home provides the following services for a group of siblings or up to three children with developmental disabilities:
(a) Room and board.
(b) Habilitation.
(c) Appropriate personal care.
(d) Appropriate supervision.
23. "Group home" means a community residential setting for not more than six persons with developmental disabilities that is operated by a service provider under contract with the department and that provides room and board and daily habilitation and other assessed medically necessary services and supports to meet the needs of each person. Group home does not include an adult developmental home, a child developmental home or an intermediate care facility for individuals with intellectual disabilities.
28. "Intermediate care facility for individuals with intellectual disabilities" means a facility that primarily provides health and rehabilitative services to persons with developmental disabilities that are above the service level of room and board or supervisory care services or personal care services as defined in § 36-401.
A.R.S. § 36-581 includes the following definitions:
1. "Developmental disability" means autism, cerebral palsy, epilepsy or cognitive disability.
2. "Residential facility" means a home in which persons with developmental disabilities live and that is licensed, operated, supported or supervised by the department.
A.R.S. § 36-897 includes the following definition:
1. "Child care group home" means a residential facility in which child care is regularly provided for compensation for periods of less than twenty-four hours per day for not less than five children but no more than ten children through the age of twelve years.
"Subdivider" is defined at A.R.S. § 33-1202 paragraph 55
The municipal definition of "subdivision" may be found at A.R.S. § 9-463.02
A.R.S. § 36-2061 includes the following definition:
"Sober living home" means any premises, place or building that provides alcohol-free or drug-free housing and that:
(a) Promotes independent living and life skills development.
(b) May provide activities that are directed primarily toward recovery from substance use disorders.
(c) Provides a supervised setting to a group of unrelated individuals who are recovering from substance use disorders.
(d) Does not provide any medical or clinical services or medication administration on-site, except for verification of abstinence.
A.R.S. § 36-401 includes the following definition:
3. "Adult behavioral health therapeutic home" means a residence for individuals who are at least eighteen years of age, have behavioral health issues and need behavioral health services that does all of the following for those individuals:
(a) Provides room and board.
(b) Assists in acquiring daily living skills.
(c) Coordinates transportation to scheduled appointments.
(d) Monitors behaviors.
(e) Assists in the self-administration of medication.
(f) Provides feedback to case managers related to behavior.
"Vacation rental" is defined at A.R.S. § 9-500.39