A. Definitions "A."
1. Accessory building: A subordinate building on the same lot or building site as a main building, the use of which is incidental to that of the main building and which is used exclusively by the occupants of the main buildings or their nonpaying guests or employees.
2. Accessory structure: Any structure not defined as an "accessory building" on the same lot or site as a main building, the use of which is incidental and subordinate to that of the main building on the same lot or site.
3. Accessory use: A use customarily incidental and subordinate to the principal use of a lot or building located upon the same lot or building site.
4. Acre: A land area of forty-three thousand five hundred sixty square feet.
5. Adaptive reuse: The conversion of an existing one-family dwelling or portions of a one-family dwelling located on a lot abutting a major street, as designated on the major streets and scenic routes plan, to an office use or a use that is similarly low intensity and low traffic generating.
6. Adult activities facility: A retail, commercial, recreational or industrial establishment which includes, as a regular and substantial portion of its business, conduct or matter distinguished or characterized by emphasis on specified sexual activities or specified anatomical areas. Adult activities facilities include, but are not limited to the following: adult arcades, adult bookstores, or video stores, cabarets, adult live entertainment establishments, adult motion picture theaters, adult theaters, and massage establishments that offer adult services or nude model studios.
7. Adult arcade: Any place to which the public is permitted or invited and in which coin-operated or slug-operated or electronically, electrically or mechanically controlled still or motion picture machines, projectors or other image producing devices are maintained to show images involving specific sexual activities or specific anatomical areas to persons in booths or viewing rooms.
8. Adult bookstore or video store: A commercial establishment that offers for sale or rent any of the following as one of its principal business purposes:
a. Books, magazines, periodicals or other printed matter, photographs, films, motion pictures, videocassettes or reproductions or slides or other visual representations that depict or describe specific sexual activities or specific anatomical areas.
b. Instruments, devices or paraphernalia that are designed for use in connection with specific sexual activities.
9. Adult care home service: A home occupation providing care for up to ten elderly or functionally impaired adults in a protective setting for a portion of a twenty-four-hour day.
10. Adult live entertainment establishment: An establishment that features either:
a. Persons who appear in a state of nudity.
b. Live performances that are characterized by the exposure of specific anatomical areas or specific sexual activities.
11. Adult motion picture theater: A commercial establishment in which, for any form of consideration, films, motion pictures, videocassettes, slides or other similar photographic reproductions that are characterized by the depiction or description of specific sexual activities or specific anatomical areas are predominantly shown.
12. Adult oriented businesses: Adult arcades, adult bookstores or video stores, cabarets, adult live entertainment establishments, adult motion picture theaters, adult theaters, and massage establishments that offer adult services or nude model studios.
13. Adult oriented business manager: A person on the premises of an adult oriented business who is authorized to exercise overall operational control of the business.
14. Adult service: Dancing, serving food or beverages, modeling, posing, wrestling, singing, reading, talking, listening or other performances or activities conducted for any consideration in an adult oriented business by a person who is nude or seminude during all or part of the time that the person is providing the service.
15. Adult service provider or erotic entertainer: Means any person who provides an adult service.
16. Adult theater: A theater, concert hall, auditorium or similar commercial establishment that predominantly features persons who appear in a state of nudity or who engage in live performances that are characterized by the exposure of specific anatomical areas or specific sexual activities.
17. Agriculture: The tilling of the soil, the raising of crops, horticulture, animal husbandry and uses customarily incidental thereto, but not including commercial slaughterhouses, stockyards, meat packing plants, fertilizer yards, bone yards, or plants for the reduction of animal matter.
18. Alley: A way dedicated to the public which affords a secondary means of access to abutting property.
19. Animal rescue and sanctuary facility: Those premises that provide humane care for domestic animal(s) and/or any other animal(s) not under the jurisdiction of the Arizona Game and Fish Department, operate as an animal welfare facility, and provide adoption services for adoptable animals. Animals maintained at such premises are not, for commercial purposes, bought, sold, intentionally bred, or traded. Individual residences where animals are fostered under the auspices of a third-party, non-profit 501(c)(3) animal welfare organization or Pima County animal care are not considered to be an animal rescue and sanctuary facility so long as they comply with any limits on the number of animals set forth in the applicable zone.
20. Apartment: One or more rooms occupying all or part of a floor or floors in a building of one or more floors or stories, but not the entire building, whether the apartment is intended for use as a residence, office, for the operation of any industry or business, or for any other use permitted in the zone in which it is located.
21. Apiary: A place where bees are kept and permitted to propagate or produce honey.
22. Artisan: Person working at a craft such as ceramics, metalworking, woodworking, jewelry making, leatherworking, weaving, antique furniture repairing and the making of custom furniture.
23. Artist: Practitioner of drawing, painting, sculpting, writing, photography or similar activity.
24. Assisted living center: A state licensed residential care institution that provides or contracts to provide supervisory care services, or directed care services, for eleven or more residents on a continuing basis.
25. Assisted living home: A single housekeeping unit in a dwelling where lodging, meals, assistance and care can be provided to ten or fewer adult individuals who are elderly or have physical or mental disabilities and who are not related to the owner or manager.
26. Average finished grade: The mean average elevation of ground after site preparation, measured five feet from a building at five-foot intervals.
B. Definitions "B."
1. Basement: A space which is partly underground and has at least half of its height, from floor to finished ceiling, below the average finished grade. See also story.
2. Bed and breakfast establishment: A residential property that is occupied by an owner or a full-time resident as his or her principal residence and is also being used for short term commercial lodging or lodging for compensation and breakfast service for a limited number of overnight guests of not more than sixty consecutive days each stay.
3. Board: One of the boards of adjustment appointed under the authority of this code.
4. Boarding/rooming house: A building, other than a hotel, where lodging is provided, with or without meals, for compensation, for five or more persons and not primarily for transients.
5. Buildable area: The net portion of the lot remaining after deducting all required yards from the gross area of a lot or building site.
6. Building: A structure having a roof supported by columns or walls.
7. Building height:
a. The vertical distance between the level of the average finished grade and:
1) The highest point of the parapet of a flat roof,
2) The deckline of a mansard roof, or
3) The mean average point between the eaves and ridge of the highest gable, hip, gambrel or other such roof element; provided, that the ridge line of the roof shall not exceed four feet above the maximum permitted building height of the zone;
b. The height of a stepped or terraced building shall be the maximum of any segment of such building, as measured from the average finished grade of that building segment;
c. This definition shall not apply to Chapter 18.61 (HD hillside development overlay zone).
8. Building official: The county official or authorized representative of the county department of planning and development services charged with the administration and enforcement of the county building codes (Title 15).
9. Building site: The ground area of a building or buildings together with all open spaces adjacent thereto as required by this code.
10. Bulk station: A place where liquefied petroleum, gas, crude petroleum, gasoline, naphtha, benzene, benzol, kerosene or any other liquid, except such as will stand a test of one hundred fifty degrees Fahrenheit, closed cupped testers, are stored in wholesale quantities where the aggregate capacity of all storage tanks is more than ten thousand gallons.
C. Definitions "C."
1. Cabaret: A nightclub, theater or other establishment which features live performances by topless and/or bottomless dancers, "go-go" dancers, exotic dancers, strippers, or similar entertainers, where such performances are distinguished or characterized by an emphasis on specified sexual activities or specified anatomical areas.
2. Cargo container: A standardized, reusable vessel that is or appears to be: (1) originally, specifically or formerly designed for or used in the packing, shipping, movement or transportation of freight, articles, goods or commodities, or (2) designed for or capable of being mounted on a chassis or bogie for movement by truck trailer or loaded on a ship.
3. Carport: A roofed structure, permanently open on at least two sides, designed for the parking of one or more motor vehicles.
4. Child care center: A facility providing compensated nonresidential care and supervision to more than four children and licensed by the state of Arizona. Also termed a day nursery.
5. Child care home service: A home occupation providing compensated nonresidential care and supervision to no more than ten children at the same time.
6. Church:
a. A building or group of buildings used primarily as a place of communion or worship;
b. Includes convents, religious educational buildings and parish houses, but not parochial schools.
7. Cistern: The storage component of a rainwater harvesting system. Cisterns are also known as water tanks or rain barrels.
8. Civil engineer: A professional engineer registered in the state of Arizona to practice civil engineering.
9. Club or lodge: A regularly constituted association of persons who are bona fide members paying regular dues, primarily organized for some common social purpose, and which derives not more than one-half of its revenue or income from the sale of goods and services to its members or others.
10. Code: The Pima County Zoning Code (Title 18).
11. Commercial vehicle: A vehicle designed or used primarily for business rather than personal transportation. This includes vehicles having a gross vehicle weight rating (GVWR) exceeding sixteen thousand one pounds, vehicles which have been modified for business use, or vehicles which are normally loaded with materials to support a business use and display any type of commercial signage.
12. Commission: The Pima County planning and zoning commission.
13. Communication tower: A free-standing structure including appurtenances used for the following communication purposes:
a. VHF and UHF television;
b. AM and FM radio;
c. Two-way radio;
d. Common carriers;
e. Wireless communication;
f. Microwave.
g. Amateur (ham) radio towers over one hundred feet in height.
14. Communication tower co-location: Use of a single communication tower structure by more than one utility or wireless communication service, or both.
15. Communication tower equipment: The equipment, except antennas, necessary to the operation of a communication tower.
16. Communication tower equipment area: The area located on, at, or near a communication tower in which equipment necessary to the operation of the communication tower is placed.
a. Equipment cabinets attached to the communication tower are included in the definition of a "communication tower equipment area."
b. Flush mounted antennas and utility meters and pedestals are not included in the definition of "communication tower equipment area" and construction of such equipment does not, by itself, create a communication tower equipment area.
17. Communication tower - lattice type: A communication tower featuring an open framework of lateral cross members which stabilize the communication tower.
18. Communication tower - monopole type: A communication tower that consists of a single upright pole or antenna, engineered to be self-supporting that does not require lateral cross supports but may utilize guys.
19. Communication tower - flush-mounted antenna: An antenna mounted within eighteen inches of the pole or lattice framework is considered flush-mounted.
20. Communication tower equipment vault ("vault"): An underground structure containing a communication tower equipment area, having an entry hatch which does not exceed thirty inches above ground level.
21. Communication tower - monopalm: A communication tower monopole camouflaged to look like a palm tree.
22. Communication tower - monopine: A communication tower monopole camouflaged to look like a pine tree.
23. Community food pantry: a facility operated by a non-profit corporation to collect, store, package, and distribute food, such as fresh produce, perishables, canned goods, or food staples to persons and households in need. Facility shall primarily distribute food but may also include toiletries and hygienic items, diapers, pet food, clothing, and incidental household items.
24. Community service agency: An organization such as an orphanage, home for the aged, Y.M.C.A., Y.W.C.A., Boy Scouts, C.Y.O., Y.M.H.A., Campfire Girls, or any similar organization organized as a nonprofit corporation or supported in whole or in part by public subscription and primarily established to serve the social or welfare needs of the community or any part thereof, and not organized for the personal profit of any individual, group of individuals, or corporation.
25. Condominium:
a. Real estate, portions of which are designated for separate ownership and the remainder of which is designated for common ownership solely by the owners of the separate portions. Real estate is not a condominium unless the undivided interest in the common elements are vested in the unit owners.
b. If in existence before January 1, 1986, the ownership of single units or apartments with common elements located on property within a horizontal property regime recorded pursuant to former A.R.S. Section 33-551, et seq.
26. Contour line: A line on a topographic map comprising points of equal elevation.
27. Contractor's yard: Any land or building used for the storage of equipment, vehicles, machinery (new or used), building materials, paints, pipe or electrical components used by the owner or occupant of the premises in the conduct of any building trades or building craft.
28. County: Pima County, Arizona.
29. County engineer: The director or authorized representative of the county department of transportation and flood control district.
30. Cut: The land surface which is shaped through the removal of soil, rock or other earth materials.
D. Definitions "D."
1. Discernibly turgid state: Means the state of being visibly swollen, bloated, inflated or distended.
2. Dwelling, duplex: A building containing only two dwelling units.
3. Dwelling, multiple: A building or portion thereof containing three or more dwelling units.
4. Dwelling, one-family: A building containing only a single dwelling unit.
5. Dwelling group: A group of two or more detached or semi-detached one-family, duplex or multiple dwellings occupying a parcel of land in one ownership and having any yard or court in common, including house court and apartment court, but not including motel.
6. Dwelling unit: A room or suite of two or more rooms that is designed for, or is occupied by, one family doing its own cooking with internal unimpeded access to all kitchens, and no more than two kitchens.
E. Definitions "E."
1. Earth material: Rock, soil or sand, or any combination thereof.
F. Definitions "F."
1. Factory-built (modular) building:
a. A residential or nonresidential building including a dwelling unit or habitable room thereof which is either wholly or in substantial part manufactured at an off-site location to be assembled on site, except that it does not include a manufactured home, a multisectional manufactured home, trailer, recreational vehicle or mobile home, as defined in A.R.S. Section 41-2142 and this code.
b. A factory built building includes all the plumbing, heating, cooling and electrical systems of the building and shall bear the Arizona insignia of approval for factory-built building pursuant to A.R.S. Section 41-2142.
2. Family:
a. Any number of individuals related by blood or marriage, or not more than five unrelated persons customarily living together as a single housekeeping unit, and using common cooking facilities, as distinguished from a group occupying a hotel or club.
b. Family includes group homes certified by Pima County or the department of economic security as an adult foster care home.
c. A family shall be deemed to include domestic servants.
3. Fertilizer yard/processing plant: A place where animal matter is collected, processed or stored on a commercial basis.
4. Fill: The placement of earth material upon an existing grade.
5. Floor Area Ratio (FAR): The gross floor area, as defined in Section T.020B, of all buildings or structures on a site divided by the gross area of the site.
G. Definitions "G."
1. Garage, private: An accessory building or portion of the main building, designed or used for the shelter or storage of self-propelled vehicles owned or operated by the occupants of the main building.
2. Garage, public: Premises, except those herein defined as a private garage or storage garage, used for the storage or care of self-propelled vehicles, or where such vehicles are equipped for operation, repaired, or kept for hire or sale.
3. Garage, storage: Premises, except those herein defined as a private garage or public garage, used exclusively for the storage of self-propelled vehicles, and for no other purpose whatever.
4. Gasoline service station: A retail establishment primarily engaged in selling petroleum products, but not including auto repair shops, body and fender works, similar repairing and painting uses, or mechanical or steam washracks.
5. Grazing: The feeding of domestic livestock on an open range or fenced pasture for commercial purposes and uses customarily incidental thereto, but not including commercial slaughter houses, stockyards, fertilizer yards, bone yards or plants for the reduction of animal matter.
6. Green building: A structure or elements of a structure that incorporate the principles of sustainable design - design in which the impact of a building on the natural environment or human health will be less than a building that solely meets the minimum requirements of the building code. Green buildings incorporate:
a. Principles of energy and resource efficiency;
b. Practical applications of waste reduction and pollution prevention;
c. Good indoor air quality and natural light to promote occupant health and productivity; or
d. Transportation efficiency in siting and construction, during use and reuse.
7. Green infrastructure (GI): Practices that use or mimic natural systems and processes to promote infiltration, evapotranspiration, and harvesting of stormwater for retention and use in the landscape, generally by using vegetation and soil to manage stormwater where it falls.
8. Group home: A licensed home suitable for accommodating more than five, but fewer than eleven minor children in addition to those minor children related to the operators in residence by blood or adoption; or a licensed home suitable for accommodating more than five but fewer than eleven persons who require special care for physical or mental reasons.
9. Guest house: A detached structure consisting of a minimum of two rooms and a bathroom, which may have a kitchen, used primarily by members of the family occupying the main dwelling and their non paying guests.
10. Guest room: Living quarters designed to provide lodging for compensation to short-term guests.
H. Definitions "H."
1. Hangar: See private aircraft hangar.
2. Home occupation: A commercial activity carried on by the occupant of a dwelling as a secondary use. Refer to Section 18.09.030.
3. Hospital: A building or group of buildings arranged, intended, designed or used for the housing, care, observation and treatment of sick human beings.
4. 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.
I. Definitions "I."
1. Inoperable motor vehicle: Any non-commercial unlicensed and unregistered motor vehicle, including recreation vehicles and trailers that cannot legally or mechanically be operated on a public roadway, or a watercraft that does not meet safety requirements for operation on public waterways.
J. Definitions "J."
1. Junk yard:
a. The use of more than two hundred square feet of the area of any lot for the storage, keeping or abandonment of junk, including scrap metals or other scrap materials, or for the dismantling, demolition, abandonment of automobiles or other vehicles or machines or parts thereof;
b. Shall include salvage yards, auto wrecking yards, and impoundment storage yards.
K. Definitions "K."
1. Kennel, commercial: A structure, shelter, animal run, or fenced area used for the breeding, feeding, raising, keeping, training, boarding or selling on the premises of five or more dogs or cats for compensation.
2. Kitchen: Any room in a building which is used, intended or designed to be used for cooking or preparation of food.
L. Definitions "L."
1. Landscape architect: A professional registered with the state of Arizona to practice landscape architecture.
2. Large scale retail establishment: A single building that includes retail and related uses, occupying more than eighty thousand square feet under one roof and in one ownership. This includes wholesale clubs and related uses.
3. Lot: A parcel of land with fixed boundaries as reflected on a deed, subdivision plat, record of survey or court order.
4. Lot, corner:
a. A lot located at the junction of two or more intersecting streets, having an interior angle of less than one hundred thirty-five degrees, with a boundary line thereof bordering on two of the streets;
b. The point of intersection of the street lot lines is the corner.
5. Lot, interior: A lot which is not a corner lot.
6. Lot, key: A lot:
a. Abutting along the entire length of at least one of its side lot lines, either directly or across an alley, the rear lot line of any other lot; or
b. Situated between two such key lots.
7. Lot, through: An interior lot having frontage on two parallel or approximately parallel streets.
8. Lot, depth: The horizontal distance between the front and rear lot lines measured in the mean direction of the side lot lines.
9. Lot line: A property line bounding a lot.
10. Lot line, front:
a. In the case of a lot abutting only one street, the line separating such lot from the street;
b. In the case of a corner or through lot, the owner may elect any street lot line as the front lot line, provided such choice, in the opinion of the zoning inspector, will not be injurious to the existing or desirable future development of adjacent properties.
11. Lot line, rear:
a. The lot line which is opposite and most distant from the front lot line;
b. The rear lot line of an irregular, triangular or gore lot shall, for the purpose of this code, be a line entirely within the lot at least ten feet long and parallel to and most distant from the front lot line.
12. Lot line, side:
a. Any lot line not a front lot line or a rear lot line;
b. A side lot line separating a lot from a street is a street lot line;
c. A side lot line separating a lot from another lot is an interior side lot line.
13. Lot line, street or alley: A lot line separating a lot from a street or alley.
14. Lot width: The mean horizontal width of the lot measured at right angles to the lot depth.
15. Low impact development (LID): A land development or re-development approach that preserves or restores on-site natural systems and hydrologic functions, and reduces impervious or disturbed areas to manage stormwater as close to its source as possible.
M. Definitions "M."
1. Manufactured home:
a. A structure transportable in one or more sections which:
1) In the traveling mode, is at least eight body feet in width or forty body feet in length, or, when erected on a site, is three hundred twenty or more square feet, and
2) Is built on a permanent chassis, and
3) Is designed to be used as a dwelling, with or without a permanent foundation, when connected to the required utilities, which include the plumbing, heating, cooling, and electrical systems contained therein;
b. This definition applies only to units constructed after June 15, 1976, except that this term shall include any structure which meets all the requirements of the definition except the size requirements, provided such structure has received a special size reduction certificate pursuant to Section 603(b) of the Housing and Community Development Act of 1974, as may be amended.
2. Manufactured home, multisectional:
a. A multisectional dwelling unit, manufactured after June 15, 1976 built to HUD standards with a HUD seal affixed, that when joined measures twenty by forty feet or larger, does not exceed two stories in height, and is installed on a permanent foundation, provided that:
1) If a perimeter foundation wall is not installed, all sides of the home shall extend to meet the ground, or a facade with the appearance of a foundation wall shall be used on all sides of the home; and
2) Each side of the home shall have roofing and siding materials similar in appearance and kind to conventional homes and shall have one or more of the following:
a) A parapet roof style, or
b) A flat or pitched roof with eaves that overhang sixteen inches or more;
b. Building permits for these structures may be issued only in accordance with Section 18.09.070 (General residential and rural zoning provisions) or in those zones in which manufactured homes are a permitted use.
3. Manufactured home park: A site as defined in this section, under a single or unified ownership:
a. containing spaces with required improvements and utilities that are leased for the long-term placement of four or more manufactured or mobile homes for dwelling purposes, or
b. upon which four or more manufactured or mobile homes are occupied as dwellings, regardless of whether or not a charge is made for such accommodations. The development of manufactured or mobile homes on contiguous lots in a recorded subdivision is not a manufactured home park under this definition.
4. Massage establishment: An establishment in which a person, firm, association or corporation engages in or permits massage activities, including any method of pressure on, friction against, stroking, kneading, rubbing, tapping, pounding, vibrating or stimulating of external soft parts of the body with the hands or with the aid of any mechanical apparatus or electrical apparatus or appliance. This paragraph does not apply to licensed physicians; registered nurses; licensed practical nurses or technicians who are acting under the supervision of a licensed physician; persons who are employed or acting as trainers for a bona fide amateur, semiprofessional or professional athlete or athletic team; or persons who are licensed pursuant to Arizona Revised Statutes, title 32, chapter 3 (barbers) or 5 (cosmetologists) if the activity is limited to the head, face or neck.
5. Medical marijuana designated caregiver cultivation location: An enclosed facility, that does not exceed two hundred fifty square feet of cultivation space, where a designated caregiver, as defined by A.R.S. Section 36-2801(5), cultivates marijuana if the designated caregiver's registry identification card provides that the designated caregiver is authorized to cultivate marijuana. The location must comply with the security requirements of A.R.S. Title 36, Chapter 28.1.
6. Marijuana dispensary: A nonprofit medical marijuana dispensary defined in A.R.S. § 36-2801(12) or a marijuana establishment defined in A.R.S. § 36-2850(21)(a) that acquires, possesses, cultivates, manufactures, delivers, transfers, transports, supplies, sells or dispenses marijuana or related supplies and educational materials to customers.
7. Marijuana dispensary offsite cultivation location: The additional location where marijuana is cultivated by a medical marijuana dispensary as referenced in A.R.S. § 36-2804(B)(1)(b)(ii) or the additional location where marijuana is cultivated by a marijuana establishment as referenced in A.R.S. § 36-2850(21)(a), except that marijuana product manufacturing shall not take place at the cultivation location.
8. Marijuana Product Manufacturing Location: The location, separate from a marijuana dispensary, where marijuana products are manufactured; marijuana products include edible products, ointments, and tinctures.
9. Medical marijuana qualifying patient cultivation location: An enclosed facility, that does not exceed fifty square feet of cultivation space for each location, where a qualifying patient, as defined by A.R.S. § 36-2801(15), cultivates marijuana if the qualifying patient's registry identification card states that the qualifying patient is authorized to cultivate marijuana. Medical marijuana cultivation as an accessory use to the qualifying patient's primary residence must not be detectable from the exterior of the building in which the cultivation takes place. The qualifying patient cultivation location must comply with the security requirements of A.R.S. Title 36, Chapter 28.1.
10. Metallurgical: Includes the land used in treating and reducing metal-bearing ores by mechanical, physical or chemical methods on a commercial basis and uses incidental thereto, but does not include permanent residential housing or the fabricating of metals or metal materials.
11. Mining: Includes the land necessary or incidental to the digging, excavating or otherwise procuring of minerals and ores found in their natural state, but does not include permanent residential housing or the operating of a rock crusher.
12. Mobile home:
a. A transportable structure suitable for year-round single-family occupancy and having water, electrical, and sewage connections similar to those of conventional dwellings;
b. This definition applies only to units constructed prior to June 15, 1976. Compare with manufactured home.
13. Motel:
a. A building or group of buildings on the same lot, whether detached or in connected rows, containing individual sleeping or dwelling units and designed for, or occupied by, automobile travelers or other transient tenants;
b. Shall include tourist courts, autocourts, and automobile courts.
14. Motor Vehicle:
a. A self-propelled vehicle.
b. Does not include a motorized wheelchair, an electric personal assistive mobility device or a motorized skateboard.
N. Definitions "N."
1. Neighborhood Market: A small- to moderate-scale grocery store oriented to serving the immediate area as a source of fresh food that dedicates at least 10% of the sales floor area to the sale of a variety of fresh food. The fresh food selection must include fruits, vegetables, dairy, eggs, meat, fish, or poultry.
2. Non-chartered financial institution: Means a business other than a state or federally chartered bank, credit union, mortgage lender or savings and loan association, that offers check cashing services and loans for payment of a percentage fee. Specifically included are check-cashing businesses that charge a percentage fee for cashing a check or negotiable instrument, "payday loan" businesses that make loans upon assignments of wages received, or businesses that function as deferred presentment services.
3. Notification area: A property subject to a public hearing on a planning or zoning matter and all properties, any portion of which is within a specified radius of the subject property, which receive mailed notice of the hearing from Pima County.
4. Nude model studio: A place in which a person who appears in a state of nudity or who displays specific anatomical areas is observed, sketched, drawn, painted, sculptured, photographed or otherwise depicted by other persons who pay money or other consideration. Nude model studio does not include a proprietary school that is licensed by this state, a college, community college or university that is supported entirely or in part by taxation, a private college or university that maintains and operates educational programs in which credits are transferable to a college, community college or university that is supported entirely or in part by taxation or a structure to which the following apply:
a. A sign is not visible from the exterior of the structure and no other advertising appears indicating that a nude person is available for viewing.
b. A student must enroll at least three days in advance of a class in order to participate.
c. No more than one nude or seminude model is on the premises at any time.
5. Nude, nudity or state of nudity: Means any of the following:
a. The appearance of a human anus, genitals, buttocks, or female breast below a point immediately above the top of the areola.
b. A state of dress that fails to opaquely cover a human anus, genitals, buttocks, or female breast below a point immediately above the top of the areola.
6. Nursery (plant nursery):
a. A place where young trees or other plants are raised for transplanting or for sale;
b. Does not include commercial fertilizer yard or processing plant.
O. Definitions "O."
1. Off-road vehicle: Any motorized vehicle when used off paved or unpaved roadways, including motorcycles, motorbikes, motor scooters, minibikes, pocket bikes, three-wheelers, quads, four-wheel drive vehicles, go-carts, sandrails, and other similar vehicles.
2. Off-road vehicle facility: A place where off-road vehicles are operated such as a track, vehicle jumping area, or any other constructed facility, generally with berms, hills, banked turns, and other grading. Off-road vehicle facility also includes any path or trail over which vehicles traverse repetitively for recreational or training purposes on any private real property within Pima County, other than a dedicated or private street, road, or alley.
3. Open space, functional:
a. Open space that is a designed element of the development and has a functionally described and planned use as an amenity for the direct benefit of the residents of a development, with not more than three percent of man-made impervious surface within such designated areas;
b. Examples include landscaped areas which provide visual relief, shade, screening, buffering and other environmental amenity; nature trails; exercise trails; open playgrounds, e.g., baseball, multiuse; picnic areas and facilities; recreation areas and facilities, e.g., swimming pools, tennis courts; and golf courses in accordance with Chapter 18.59 (Golf Course Zone.)
4. Open space, natural: Any area of land, essentially unimproved and not occupied by structures or man-made impervious surfaces, except pedestrian and nonmotorized access trails, that is set aside, dedicated or reserved in perpetuity for public or private enjoyment as a preservation of conservation area.
P. Definitions "P."
1. Parking area: Area that contains parking spaces, associated drive lanes, and internal landscaping required by Section 18.75.040(3).
2. Pedestrian entry architectural feature: A doorway into a site, along with the architectural treatments that accompany it, that is used by people traveling on foot.
3. Planning director: The director or authorized representative of the county department of planning and development services.
4. Private aircraft hangar: An enclosed structure designed for the storage and routine maintenance of aircraft located on a lot that has recorded access to a private airport facility, ultra light facility, or general aviation airstrip.
5. Planning unit: A portion of a proposed development containing a unique land use, density, or residential or nonresidential building style separated from other planning units by a natural or manmade feature.
6. Professional means accountants, architects, chiropodists, chiropractors, dentists, engineers, lawyers, naturopaths, osteopaths, physicians, surgeons, surveyors.
7. Public assembly facility: A building or group of buildings arranged, intended, designed or used for indoor public assembly for social, recreational, entertainment, educational or religious purposes, such as an arena, coliseum, convention center, exhibition hall, auditorium or theater. A "public assembly facility" may include ancillary facilities and activities such as food and beverage preparation and sales, retail and service commercial uses, and recreational and health club.
Q. Definitions "Q." Reserved.
R. Definitions "R."
1. Railroad:
a. Includes the land used for general railroad purposes, including mainline and switching trackage, repair shops, stations, communications equipment, roundhouses and storage facilities;
b. Does not include railroad equipment (miniature or otherwise) operated by its owner as a hobby or as a part of the equipment of an amusement resort.
2. Rain barrel: A barrel used as a cistern to store rainwater.
3. Rainwater harvesting system: A system used to capture, convey, store, and release rainwater for future use. A rainwater harvesting system consists of the following primary subsystems: catchment area, first flush diverters (an optional system that diverts the initial pulse of rainfall to remove large debris), roof washer (an optional system that filters small debris), conveyance system (guttering, downspouts, piping, screen filtration, and transfer pump for use of remote cisterns), an above- or below-ground storage tank(s) (typically a cistern or a simple barrel), cistern overflow device for down-gradient discharge, and distribution system (which may include a pump or pressure system if not gravity fed).
4. Renewable energy system—Ancillary scale: A system primarily intended for on-site use only to off-set part or all of a property owner's or occupant's electricity requirements. Selling energy to a utility is incidental.
5. Renewable energy system—Utility scale: A system that generates energy primarily intended for off-site consumption. Accessory uses may include buildings associated with electrical operational infrastructure such as inverters and transformers.
6. Research laboratory:
a. An administrative, engineering, scientific research, design or experimentation facility;
b. Shall include research on such things as electronic components, optical equipment, etc., but not research requiring the use of animal husbandry (including dogs, poultry, or monkeys), heavy equipment (such as construction equipment); and
c. Shall be free of dust, smoke, fumes, odors, or unusual vibrations or noise. The waste from such facilities shall meet the requirements of the appropriate health authority.
7. Residential substance abuse diagnostic and treatment facility: A facility designed to diagnose and treat persons suffering from the abuse of chemical substances and alcohol subject to the licensure procedures of the Arizona Department of Health Services.
8. Resort:
a. A building or group of buildings containing guest rooms, with a large portion of the site devoted to recreational activities such as tennis, horseback riding, swimming, and golf (Refer to Chapter 18.59, GC Golf Course Zone for golf course requirements).
b. Shall include guest ranch.
9. Resort, major: A resort having fifty or more guest rooms.
10. Resort, minor: A resort having less than fifty guest rooms.
S. Definitions "S."
1. Safe routes: A program, based on the nationwide safe routes to school programs, that encourages and enables children to walk and bicycle to school and other associated public use facilities safely through the use of educational programs, by improving bicycle and pedestrian facilities and through careful subdivision layout and street design.
2. Sanatorium/rest home: A building or group of buildings, arranged, intended, designed or used for the housing, care or treatment of sick people or convalescents other than those mentally ill or afflicted with infectious, contagious or communicable diseases.
3. School, charter: A public school established by contract with a school district governing board, the state board of education or the state board for charter schools pursuant to A.R.S. Title 15, Chapter 1 Article 8. Charter Schools are classified as public schools for the purpose of zoning and the assessment of zoning fees, site plan fees and development fees pursuant to A.R.S. Section 15-189.01.
4. School, parochial: A school, affiliated with a religious institution, comprising a building, or group of buildings, the use of which meets state requirements for elementary or secondary education, and which does not secure a major part of its funding from any governmental agency.
5. School, private: Any building, or group of buildings, the use of which meets state requirements for elementary or secondary education, and which does not secure any major part of its funding from a governmental agency.
6. Secondary dwelling: A mobile home or manufactured home, with kitchen facilities, used exclusively by an ill, handicapped, or elderly person in need of special care or supervision, or a care provider for such person, if the ill, handicapped or elderly person is the owner or resident of the main dwelling or a relative of the owner or resident of the main dwelling.
7. Self-storage facility: A facility used only for the storing of household and personal property (no commercial storage) with no commercial transactions permitted other than the rental of the storage units.
8. Seminude: Means a state of dress in which clothing covers no more than the genitals, pubic region, buttocks, and female breast below a point immediately above the top of the areola, as well as portions of the body that are covered by supporting straps or devices.
9. Semi-professional:
a. Includes insurance brokers, photographic studios, public stenographers, real estate brokers, stockbrokers, and other persons who operate or conduct offices which do not require the stocking of goods for sale at wholesale or retail;
b. Does not include barbers, beauty operators, cosmetologists, embalmers or morticians.
10. Setback lines: Such lines are established generally, but not always, parallel to the center line of a street between which no part of a building or structure or any part thereof may be erected or projected except as otherwise provided in this code.
11. Shopping center, neighborhood: A development that contains more than one retail or service use emphasizing neighborhood scale retail and services. The development employs similar access points and unified internal circulation and is approved under one or more associated development plans. No single building occupant shall exceed eighty thousand square feet and the aggregate square footage of the buildings on the site may not exceed one hundred fifty thousand square feet.
12. Shopping center, regional: A regional shopping development that may contain a major commercial anchor building or large scale retail establishment building and may contain one or more attached or detached buildings with permitted uses. The development uses coordinated access and internal circulation and is approved under one or more related development plans. The aggregate square footage of the building on the site may exceed one hundred fifty thousand square feet.
13. Shopping center, small: A development that may contain one or more small scale commercial buildings. The development uses coordinated access and internal circulation and is usually approved under one development plan. No single building occupant may exceed thirty-five thousand square feet and the aggregate square footage of the building on the site shall not exceed one hundred thousand square feet.
14. Site: Refers to a single lot or a combination of contiguous lots, or a leased area on a lot that meets the minimum zoning standards of the applicable zone.
15. Specific plan: A zoning document adopted in accordance with Chapter 18.90 (Specific Plans) that includes text, maps or other exhibits regulating land use and development within a specified area of the county.
16. Specified anatomical areas are: (1) less than completely and opaquely covered human genitals, pubic region, buttocks, anus or female breasts below a point immediately above the top of the areola; or (2) human male genitals in a discernibly turgid state, even if completely and opaquely covered.
17. Specified sexual activities are: (1) human genitals in a state of sexual stimulation or arousal; or (2) acts of human masturbation, sexual intercourse or sodomy, oral copulation; or (3) fondling or other erotic touching of human genitals, pubic region, buttocks, anus or female breasts.
18. Stable, commercial: A stable for horses which are let, hired, used or boarded on a commercial basis or for compensation.
19. Stable, community: A noncommercial stable for horses, operated by and for the exclusive use of the members of a nonprofit, incorporated community organization.
20. Stable, private: A stable for horses which are used by the owners of the property and their guests without compensation.
21. Stormwater harvesting system: A system for the on-site collection and retention of precipitation that has reached the ground, collected from paved, impervious or disturbed surfaces. System elements may consist of:
a. Earthworks (including but not limited to depressed landscape areas, basins, berms, swales);
b. Structures (including but not limited to curbs with inlets, scuppers or cuts, gabions, check-dams, permeable paving, rock mulch); and
c. Other green infrastructure and low impact development elements to slow and disperse stormwater and promote its infiltration into the soil.
22. Story: The horizontal division of a building between a floor and the finished ceiling or finished undersurface of the roof directly above it. Shall include:
a. A basement, if the vertical distance from the average finished grade to its ceiling is greater than five feet on any side of the building; and
b. A mezzanine or loft.
23. Street: A way for vehicular traffic dedicated to the public or designated as subdivision common area which affords the principal means of access to abutting property.
24. Structure:
a. Anything constructed or erected, the use of which requires location on the ground or attachment to something having a location on the ground;
b. For the purposes of this ordinance, "structure" does not include:
1) Items constructed or placed roughly parallel to and at the same elevation as the ground surface such as roads, driveways, alleys, uncovered slabs, and recreational courts.
2) Mailboxes, hardscape features, fences, and other items traditionally associated with residential uses when such items are eighty-four inches or less in height.
3) Items placed underground with no surface expression such as utility, water, and sewer lines.
4) Amateur radio towers one hundred or less in height.
5) Underground cisterns.
6) Clothes lines seventy-two inches or less in height.
25. Structural alterations: Any change in the supporting members of a building, such as bearing walls, columns, beams, girders, floor joists or roof joists, or which expands the height, bulk, or area thereof.
26. Studio: Place for the creation or retail sale of the works of an artist or artisan.
27. Substantial portion: As it relates to adult activities facility. Substantial portion of a retail adult activity facility establishment is defined as having 10 percent or more of gross floor area and/or stock in trade consisting of any one or more of the following:
1) books, magazines, or other printed matter, or films, videos, DVD's, or other visual representations which are characterized by an emphasis upon the depiction or description of "specified sexual activities" or specified anatomical areas; or
2) devices, sexual/marital toys/aids or paraphernalia, which are designed for use in connection with "specified sexual activities;" or
3) any business, conduct or matter distinguished or characterized by emphasis on "specified sexual activities" or "specified anatomical areas," for sale or display
28. Supervisors: The board of supervisors of Pima County.
29. Swap meets:
a. A place of commercial activity popularly known as a swap meet, flea market or park-and-swap, which is open to the general public and composed of enclosed, semi-enclosed or outdoor stalls, stands or spaces rented or leased to persons on a daily basis for the purpose of the display and sale, exchange or barter of new or used merchandise;
b. Shall not include occasional craft fairs and benefit sales.
30. Swimming pools: Shall be deemed to consist of the following classes:
a. Private: When consisting of an accessory structure appurtenant to a one-family or duplex dwelling and used only as such by persons residing on the same lot and their private guests (as distinguished from groups of any kind) with no payment of any kind or in any form charged as received for such use;
b. Semi-public: When consisting of an accessory structure appurtenant to a multiple dwelling, hotel, motel, church, school, private club, or country club, and used only as such by persons who reside or are housed on the same lot or who are regular members of such church, club, country club or regular attendants at such school and by individual guests (as distinguished from groups of any kind) of the foregoing where admission to use the pool is included in consideration given for the primary use of the premises. Said pools are divided into the following classes:
1) Type A membership pools: Which include those pools operated not for profit and not open to the general public; there being a limited number of members, and such members usually being limited to that general neighborhood, with the members paying a monthly or annual fee,
2) Type B pools: Maintained by hotels, motels, and like establishments which cater to transient guests,
3) Type C pools: Maintained by apartments, residential-type trailer courts, cooperative or condominium-type housing, for persons residing therein and their guests,
4) Type D pools: Maintained by swim clubs, health clubs and athletic organizations, country clubs and other private organizations, wherein the pool is not open to the general public;
c. Public: A swimming pool maintained and operated by a municipality or other unit of government for the general public, whether or not an admission fee is charged;
d. Commercial: A swimming pool operated for profit, open to the public upon payment of a fee.
31. Swimming school: A school established for aquatic training and swimming instruction.
T. Definitions "T."
1. Tourist camp: An area or tract of land where space is rented or held out for rent to tent campers furnishing their own camping equipment or where free camping is permitted owners or users of tent camping equipment for the purpose of securing their trade.
2. Tourist court: See motel.
3. Townhouse: A duplex or multiple dwelling constructed as a series of dwelling units, all of which are attached to the adjacent dwelling units with no visible separation between walls or roofs, and with areas of individual and common ownership indicated on a subdivision plat.
4. Trailer: A recreational vehicle built on a chassis, designed for highway travel, pulled by a private vehicle and not requiring a special permit.
5. Trailer court: Any parcel of land used or offered for use in whole or in part for the parking or storage of two or more trailers used or intended to be used for living or sleeping purposes.
U. Definitions "U."
1. Ultralight aircraft: Any vehicle that:
a. If unpowered, weighs less than one hundred fifty-five pounds; or
b. If powered:
1) Weighs less than three hundred fifty pounds empty weight, excluding floats and safety devices;
2) Has a fuel capacity of not exceeding five U.S. gallons;
3) Is not capable of more than fifty-five knots calibrated airspeed at full power in level flight; and
4) Has a power-off stall speed which does not exceed twenty-nine knots calibrated airspeed.
2. Urban heat island: A developed urban or suburban area that is significantly warmer (two degrees to ten degrees Fahrenheit or one degree to six degrees Celsius) than surrounding rural areas due to the retention of heat by un-shaded buildings and paved surfaces. Urban heat islands can increase energy demands, air conditioning costs, air pollution and greenhouse gas emissions, and heat-related illness and mortality.
V. Definitions "V."
1. Vehicular entry architectural feature: An entry or a gate into a site, along with the architectural treatments that accompany it, that is used primarily by motor vehicles.
2. Vegetated roof: A roof partially or fully covered by vegetation, used to manage water runoff and provide additional insulation in the winter and cooling in the summer. The vegetation is typically grown in a growing medium above a waterproof membrane that is part of a multi-component engineered system, but can also be grown in containers. Also known as a green roof, eco-roof, or living roof, it can range from a tended roof garden to a low-maintenance ecology.
W. Definitions "W."
1. Wildlife rehabilitation facility: The premises where a licensed operator or their agent(s) and assistant(s), as authorized and licensed by the Arizona Game and Fish Department, rehabilitate orphaned, injured, sick, or otherwise debilitated wildlife to a physical condition whereby the wildlife can be restored to the wild. This term includes those premises where a licensed operator or their agent(s) and assistant(s), as authorized and licensed by the Arizona Game and Fish Department, hold wildlife for purposes of education, scientific collection, humane treatment, or other permissible uses under the Arizona Game and Fish Commission Rules, Title 12, Chapter 4.
2. Wireless communication tower and appurtenances: A structure and appurtenances used exclusively for wireless communication purposes, such as cellular telephone and paging services, which may include a monopole or a lattice tower with antenna, or an antenna mounted on a building roof or facade or other existing structure, with or without an equipment area used to house equipment necessary for the operation of the wireless communication tower.
X. Definitions "X." Reserved.
Y. Definitions "Y."
1. Yard: An open and unoccupied space on a building site and, except as otherwise provided in this code, open and unobstructed from the ground to the sky.
2. Yard, front: A yard extending full width of the building site between the front lot line and the nearest line of the main building or the nearest line of any enclosed or covered porch.
3. Yard, rear: A yard extending across the full width of the building site between the rear lot line and the nearest rear line of the main building or the nearest line of any enclosed or covered porch.
4. Yard, side: A yard extending from the front yard to the rear yard between the side lot line and the nearest line of the main building.
Z. Definitions "Z."
1. Zoning inspector: The county official or authorized representative of the county department of planning and development services charged with the enforcement of this code.
(Ord. 2022-16 § 1, 2022; Ord. 2019-5 § 1, 2019; Ord. 2018-29 § 1, 2018; Ord. 2016-21 § 1, 2016; Ord. 2015-7 § 1, 2015; Ord. 2013-42 § 2, 2013; Ord. 2012-71 § 1, 2013; Ord. 2012-15 § 1, 2012; Ord. 2012-22 § 1, 2012; Ord. 2011-60 § 1, 2011; Ord. 2011-59 § 1, 2011; Ord. 2011-2 § 2, 2011; Ord. 2010-59 § 1, 2010; Ord. 2009-101 § 1, 2009; Ord. 2009-98 § 1, 2009; Ord. 2009-70 § 1, 2009; Ord. 2008-118 § 1, 2008; Ord. 2008-70 § 1, 2008; Ord. 2007-81 § 1, 2007; Ord. 2007-3 § 1, 2007; Ord. 2006-92 § 1, 2006; Ord. 2006-85 § 1, 2006; Ord. 2006-30 § 1, 2006; Ord. 2005-105 § 1, 2005; Ord. 2005-87 § 1, 2005; Ord. 2005-85 § 1, 2005; Ord. 2005-34 § 1, 2005; Ord. 2004-59 § 2, 2004; Ord. 2003-85 § 1, 2003; Ord. 2003-42 § 1, 2003; Ord. 2002-67 § 1, 2002; Ord. 2001-165 § 1 (part), 2001; Ord. 2000-77 § 1 (part), 2000; Ord. 1999-78 § 1, 1999; Ord. 1998-51 § 1, 1998; Ord. 1998-37 § 1, 1998; Ord. 1998-36 § 1, 1998; Ord. 1997-74 § 1, 1997; Ord. 1997-40 § 1, 1997; Ord. 1997-28 § 1, 1997; Ord. 1997-20 § 1, 1997; Ord. 1997-1 § 1, 1997; Ord. 1996-59 § 1, 1996; Ord. 1994-136 § 1, 1994; Ord. 1994-114 § 1, 1994; Ord. 1994-112 § 1 (part), 1994; Ord. 1994-82 (part), 1994; Ord. 1992-93 (part), 1992; Ord. 1992-6 § 1 (part), 1992; Ord. 1991-33 § 1 (part), 1991; Ord. 1991-6 § 1 (part), 1991; Ord. 1990-11 § 1 (part), 1990; Ord. 1989-1 § 1 (part), 1989; Ord. 1988-78 § 1 (part), 1988; Ord. 1987-64 § 1 (part), 1987; Ord. 1986-215 (part), 1986; Ord. 1986-187 § 1 (part), 1986; Ord. 1986-188 § 1 (part), 1986; Ord. 1986-150 (part), 1986; Ord. 1986-67 (part), 1986; Ord. 1986-43 § 1 (part), 1986; Ord. 1986-42 § 1 (part), 1986; Ord. 1986-41 § 1 (part), 1986; Ord. 1986-19 § 1 (part), 1986; Ord. 1985-153 § 1 (part), 1985; Ord. 1985-152 § 1 (part), 1985; Ord. 1985-82 (part), 1985)