When used in this Code, the following terms shall have the meanings herein ascribed to them:
A Scale Sound Level
The measurement of sound approximating the auditory sensitivity of the human ear and used to measure the relative noisiness or annoyance of common sounds.
Abut
Physically touch or border on or to share a common boundary, property line, or right-of-way.
Access
The place, means, or ways by which pedestrians, vehicles, or both shall have safe, adequate, and usable ingress/egress to a property or use. A private access is an access not in public ownership and controlled by means of deed, dedication, or easement.
Accessory Dwelling Unit
A separate, complete housekeeping unit with a separate entrance, kitchen, sleeping area, and full bathroom facilities, which is an attached or detached extension to an existing single-family structure.
Accessory Structure or Use
A use of land or of a building or structure, or portion thereof customarily incidental and subordinate to the principal use or structure and located on the same lot with such principal use or structure. An accessory structure shall be built either simultaneously or after the construction of the principal structure. Such accessory structures can include restroom facilities, to include a sink, shower, and water closet, provided they meet applicable plumbing codes.
Acre
An acre is a land measurement and contains 43,560 square feet.
Addition
An extension or increase in floor area or height of a building or structure.
ADHS
The Arizona Department of Health Services.
Adjacent
When something is adjacent, it is within 5 feet of a structure.
Adjoining Lot or Land
A lot or parcel of land sharing all, or part of, a common lot line with another lot or parcel of land.
Adult Bookstore
An establishment having as a substantial or significant portion of its stock in trade, books, magazines, periodicals, cassette tapes or videotapes, which excludes minors by virtue of age; and if a substantial or significant portion of such items are distinguished or characterized by an emphasis on the depiction or description of "specified sexual activities" or "specified anatomical areas or parts". No obscene item or activity in violation of A.R.S. § 13, Chapter 35 shall be allowed.
Adult Cabaret
An establishment which provides dancing or other live entertainment during any four or more days within any continuous 30-day period, which excludes minors by virtue of age; and if such dancing or entertainment is distinguished or characterized by an emphasis on "specified sexual activities" or "specified anatomical areas or parts." No obscene item or activity in violation of A.R.S. § 13, Chapter 35 shall be allowed.
Adult Care Home
A residential care institution which provides supervisory care, personal care, or custodial care services to adults who are unrelated to the manager or owner of the home and who require the assistance of no more than one person to walk or to transfer from a bed, chair, or toilet but who are able to self-propel a wheelchair.
Adult Conversation/Rap Parlor
A conversation/rap parlor which excludes minors by virtue of age, and which provides the service of engaging in or listening to conversation, talk, or discussion, if such service is distinguished or characterized by an emphasis on "specified sexual activities" or "specified anatomical areas or parts.” No obscene item or activity in violation of A.R.S. § 13, Chapter 35 shall be allowed.
Adult Day Health Services
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 24-hour period. Adult day health services may also include preventive, therapeutic, and restorative health related services that do not include behavioral health services.
Adult Foster Care
A residential setting which provides room and board and adult foster care services for at least one and no more than four adults in a family environment who are participants in the Arizona long-term care system.
Adult Foster Care Services
Supervision, assistance with eating, bathing, toileting, dressing, self-medication, and other routines of daily living services.
Adult Hotel or Motel
A hotel or motel which provides as a predominant part of its major business the presentation of material for viewing by patrons in exchange for any form of consideration or gratuity material which is predominantly distinguished or characterized by an emphasis on matters depicting, describing or relating to "specified sexual activities" or "specified anatomical areas or parts" which rents its facilities on an hourly or less than daily basis, and excludes minors by virtue of age. No obscene item or activity in violation of A.R.S. § 13, Chapter 35 shall be allowed.
Adult Mini-Motion Picture Theater
An enclosed building with a capacity of less than 50 persons used for presenting materials if such building excludes minors by virtue of age, and if such material is distinguished or characterized by an emphasis on the depiction or description of "specified sexual activities" or "specified anatomical areas or parts" for observation by patrons. No obscene item or activity in violation of A.R.S. § 13, Chapter 35 shall be allowed.
Adult Motion Picture Theater
An enclosed building with a capacity of 50 persons or more used for presenting material if such building, as a prevailing practice, excludes minors by virtue of age, and if such material is distinguished or characterized by an emphasis on the depiction or description of "specified sexual activities" or "specified anatomical areas or parts" for observation by patrons. No obscene item or activity in violation of A.R.S. § 13, Chapter 35 shall be allowed.
Adult Sauna or Bathhouse
A sauna or bathhouse which excludes minors by virtue of age, or which provides a bath, steam bath, or heat bathing room used for the purpose of bathing, relaxation, or reducing; utilizing water, steam or hot air as the cleaning, relaxing or reducing agent, if the service provided is distinguished or characterized by an emphasis on "specified sexual activities" or "specified anatomical areas or parts." No obscene item or activity in violation of A.R.S. §13, Chapter 35 shall be allowed.
Adult Uses
Adult uses include: adult bookstores, adult cabarets, adult conversation/ rap parlors, adult massage parlors or health clubs, adult mini-motion picture theaters, adult motion picture theaters, adult saunas or bathhouses or other premises, enterprises, businesses or places open to some or all members of the public at or in which there is an emphasis on the performance, depiction or description of "specified sexual activities" or "specified anatomical areas or parts" which are capable of being seen by members of the public, and excludes minors by virtue of age. No obscene item or activity in violation of A.R.S. § 13, Chapter 35 shall be allowed.
Adverse Effect
For floodplain management purposes: the cumulative effect of the proposed development, when combined with all other existing and anticipated development, will increase the water surface elevation of the base flood more than 1/10th of 1 foot at any point.
Agent
Any person, firm, partnership, association, joint venture, corporation, or any other entity or combination of entities representing or acting for or on behalf of a declarant.
Agricultural Animals
Animals considered accessory to an agricultural use, whether used for personal enjoyment or for commercial purposes, including horses, mules, sheep, cattle, rabbits, pigs, goats, ostrich, emu, or similar animals.
Air Pollution
The presence of contaminants in the air of concentrations that interfere directly or indirectly with a person’s health, safety, or comfort, or with the full use and enjoyment of property.
Air Quality Criteria
Air Quality Criteria establishes the pollution levels and pollution exposure length and identifies when the levels are such that cause adverse effects upon a health and welfare.
Airport
An area of land or water that is used or is intended to be used for the landing and take-off of aircraft, including its buildings and facilities, if any.
Airport Elevation
The elevation established, in feet above mean sea level, of the highest runway.
Airport Hazard
Any structure or object or man-made and/or natural growth located on or in the vicinity of an airport, or any use of land near such airport, which obstructs the airspace required for, or is otherwise hazardous to, the flight of aircraft in landing or take-off at such airport.
Aisle
The vehicular travel-way by which vehicles enter and depart parking spaces.
Alley
A dedicated right-of-way providing a secondary means of public access to abutting property and not intended for general traffic circulation.
Alteration
An alteration may be a change in construction or a change in occupancy. Where the term of alteration is applied to a change of construction, it is intended to apply to any change, addition, or modification in construction. When the term is used in connection with a change of occupancy, it is intended to apply to changes of occupancy from one trade or use to another.
Alternative Energy System
Any facility or installation such as a windmill, hydroelectric unit or solar collecting or concentrating array, which is designed and intended to produce energy from natural forces such as wind, water, sunlight, or geothermal heat as an accessory use for on-site use or as a primary use for off-site use.
Ambulatory Person
Any individual, including one who uses a cane or other ambulatory support device, who is physically and mentally capable under emergency conditions of finding a way to safety without assistance.
Americans with Disabilities Act
42 U.S.C. Subsection 1281 et. seq. Pub. L 101-336 and implementing regulations at 28 C.F.R. parts 35 and 36.
Animal Hospital
The place where animals or pets are given medical or surgical treatment and the boarding of animals is limited to short-term care incidental to the hospital use.
Antenna Support Structure
Any building or structure other than a tower that can be used for location of telecommunications facilities.
Apartment
One building or portion thereof, containing three or more dwelling units, which is designed, built, rented, or leased to occupy residents of three or more families living independently of each other and doing their own cooking in the same building.
Applicant
The applicant is the person who submits the application for development, rezoning, or other action.
Application
The process by which the owner of a parcel of land requests to develop, construct, build, modify, or erect a structure upon such parcel of land. Application includes all written documentation, verbal statements, and representations, in whatever form or forum made by an applicant to the city concerning such a request.
Approach Surface
A plane surface longitudinally centered on the extended runway center line, extending outward and upward from the end of the primary surface and at the same slope as the approach zone height limitation slope set forth in this article. In plan view, the perimeter of the approach surface coincides with the perimeter of the approach zone.
Approval Conditional
An affirmative action by the Commission and Council indicating that approval of a preliminary plat or plan will be forthcoming upon satisfaction of certain specified stipulations.
Approval, Final
When the Council unconditionally approves the final plat or plan. The final approval must be evidenced by certification by the City Clerk.
Approval, Preliminary
Unconditional approval of a preliminary plat or plan by the Commission and Council as evidenced by meeting minutes and noted upon copies of the preliminary plat or plan.
Architectural Feature
A prominent or significant part or element of a building or site. Architectural features may include special lines, massing, projections, recesses, and texture.
Articulation
Describes the degree or manner in which a building wall or roofline is made up of distinct parts or elements. A highly articulated wall will appear to be composed of a number of different planes, usually made distinct by their change in direction (projections and recesses) and/or changes in materials, colors or textures.
Artist Studio
An establishment engaged in the sale or exhibit of art works, such as paintings, sculpture, macramé, knitted goods, stitchery, or pottery. Art studios are also engaged in the creations of such art works and often offer instruction in their medium.
Assisted Care Facilities
See Congregate Care Facility
Attention Getting Device
A device designed or intended to attract by noise and/or a sudden, intermittent, or rhythmic movement, physical change or lighting change, such as banners, flags, streamers, balloons, propellers, whirligigs, search lights, and flashing lights.
Audiometer
The instrument used in measuring hearing sensitivity.
Automobile
An automobile is a self-propelled free-moving vehicle with four or more wheels, primarily for conveyance on a street or roadway.
Automobile Service Station
Any building, land area, or other premises or portion thereof used, or intended to be used, for the retail dispensing or sales of vehicular fuels, including as an accessory use, the sale and installation of lubricants, batteries, tires, and similar accessories.
Automobile Wrecking Yard
See Junk Yard.
Aviary
An enclosure specifically constructed to hold live birds in confinement.
Awning
A structure made of cloth, metal, or other material affixed to a building in such a manner that the structure may be raised or retracted to a position against the building.
Balanced Basin
A drainage basin which contains floodwater channels, natural or man-made, and/or flood control structures that are adequate to contain existing runoff from the base storm produced by the basin; but in which additional runoff cannot be safely contained by said channels or structures.
Bar/Lounge
An establishment including, but not limited to, a cocktail lounge, discotheque, or nightclub, the main use of which is to serve spirituous liquors for on-site consumption. A bar may serve food and provide dancing and entertainment.
Base Map
A map having sufficient points of reference such as state, county, or municipal boundary lines, streets, easements, and other selected physical features to allow the plotting of any other data.
Basement
A space having one half or more of its floor to ceiling height below the average level of the adjoining ground and with a floor-to-ceiling height of not less than 6½ feet (See Figure 1.)
Bed and Breakfast
A transient lodging establishment, generally in a single- family dwelling or detached guesthouse, primarily engaged in providing overnight or otherwise temporary lodging for the general public and may provide meals for compensation.
Bedroom
A private room planned and intended for sleeping, separable from other rooms by a door and accessible to a bathroom without crossing another bedroom or living room.
Berm
A berm is mound of earth or the act of pushing earth into a mound.
Block
That property abutting one side of the street and lying between the two nearest intersecting streets or nearest intersecting street on subdivided land.
Breakaway Wall
A wall that is not part of the structural support of the building and is intended, through its design and construction, to collapse under specific lateral loading forces without causing damage to the elevated portion of the building supporting foundation system.
Brewpub
An establishment where food, beer, and malt beverages are duly-licensed to be made on the premises.
Brick
A masonry unit made of clay, formed into a rectangular prism.
Buildable Area
The areas of a lot remaining after the minimum yard and open space requirements have been met. See Figure 2.
Building
Any structure, either temporary or permanent, having a roof, supported by columns or walls, and used or built for the shelter or enclosure of persons, animals, chattels, or property of any kind. This shall include tents, awnings, or vehicles situated on private property and used for the purposes of building.
Building, Accessory
See Accessory Structure or Use.
Building Coverage
The horizontal area measured within the outside of the exterior walls on the ground floor of all principal and accessory building on a lot. See Figure 2.
Building Elevation
The horizontal view and measurement of a side of a building.
Building Frontage
Building frontage shall be defined as that portion of a building, which abuts a public street and the side of the building that provides the primary public access. Businesses located within a shopping center (single parcel) are excluded from using this definition.
Building Height
The vertical distance to the highest point of the roof for a flat roof and to the average height between the eaves and ridge for gable, hip, and gambrel roofs measured from finished grade.
Building Line
Line parallel to the street line at a distance there from equal to the depth of the front yard required for the zoning district for which the lot is located. See Figure 2.
Building Mass
The three dimensional bulk of a building which includes the height, width, and depth.
Building Permit
An official document or certificate issued by the building official authorizing performance of a specified activity.
Building, Principal
A building in which is conducted the principal use of the lot on which it is located.
Building Scale
Building scale refers to building elements and details as they proportionally relate to each other and to humans.
Bulk Storage
When chemicals, petroleum products, and other materials to be used for resale to distributors, retail dealers, or outlets are stored in aboveground containers.
Business Name
The commonly recognized name used by a business or applicant. Slogans or product information or names shall not be considered as the business name.
Business Service Establishment
Services rendered to a business establishment or individual on a fee or contract basis including actuarial, advertising, credit reporting, janitorial, office or business equipment leasing, photofinishing, telecommunications, window cleaning, blueprinting and photocopying and such services.
Campground, Developed
Means any parcel or tract of real property that is designed for camping and containing ten or more camping spaces offered for the use of the public or members of an organization where sites are substantially developed and tables, refuse containers, flush toilets, bathing facilities, and water are provided. These sites may have individual water, sewer, and electrical connections.
Campground, Primitive
A campground accessible only by walk-in or pack-in where no facilities are provided for the comfort or convenience of the campers.
Camping Unit
Means a portable structure, shelter, or vehicle designed and intended for occupancy by persons engaged in RVing or camping. This term is intended to be generic to include, but is not limited to, recreational vehicles, tents, and cabins.
Canopy
A structure other than an awning made of cloth, metal, or other material with frames affixed to a building and carried by a frame that is supported by the ground.
Car Wash
The use of a site for washing and cleaning of passenger vehicles, recreational vehicles, or other light duty equipment.
Carport
A roofed structure that is entirely open on two or more sides used for parking or storage of motor vehicles.
Cemetery
Land designated and maintained for the internment of a human body or bodies or remains thereof and for no other purpose.
Certificate of Occupancy
A document issued by the Building Official allowing the occupancy or use of a building and certifying that the structure or use has been constructed or will be used in compliance with all the applicable codes of the City of Sierra Vista.
Change of Use
Any use which differs from the previous use of a building or land.
Chemical Extraction
The process of removing a particular component of a mixture from others present, including removing resinous tetrahydrocannabinol from marijuana.
Chemical Synthesis
Production of a new particular molecule by adding to, subtracting from, or changing the structure of a precursor molecule.
Chimney
A structure containing one or more flues used to draw off emissions from stationary sources of combustion.
Clinic
An establishment where patients are admitted for examination and treatment by one or more physicians, dentists, psychologists, or social workers and where patients are not usually lodged overnight.
Columbarium
A structure or building substantially exposed above ground intended to be used for the internment of the cremated remains of a deceased person or animal.
Commercial Recreation (Indoor)
An indoor recreation facility operated as a business and open to the public for a fee or membership.
Commercial Recreation (Outdoor)
An outdoor recreation facility operated as a business and open to the public for a fee or membership.
Commercial Vehicle
Any motor vehicle licensed by the state as a commercial vehicle.
Common Accessway
A commonly shared connection between two or more properties and is used by pedestrians or vehicles.
Common Ownership
Any form of ownership by one or more individuals.
Common Wall
See Party Wall.
Community Center, Public
A building owned by the city that is open to the public and is used for meetings, recreation, or social activities and may have outdoor recreational facilities.
Community Garden
A private or public facility for the cultivation of fruits, flowers, vegetables, or ornamental plants by more than one person or family.
Community Service Use
A building or structure owned and operated by a governmental agency to provide a governmental service to the public.
Compatibility
The characteristics of different uses or activities or design which allows them to be located near or adjacent to each other in harmony. Some elements affecting compatibility include [the following]: height, scale, mass and bulk of structures, pedestrian or vehicular traffic, circulation, access and parking impacts, landscaping, lighting, noise, odor and architecture. Compatibility does not mean “the same as.” Rather, compatibility refers to the sensitivity of development proposals in maintaining the character of existing development.
Concrete Masonry Units (CMU - Ground Faced, Split Face and Standard)
A precast masonry unit of Portland cement, fine aggregate, and water, molded into various shapes. The description refers to the finish on the face of the unit.
Conditional Use
A use permitted in any particular zoning district only upon a showing that such use in a specified location will comply with all the conditions and standards for the location or operation of such use and will comply with all the conditions and standards for the location or operation of such use as specified in this Code.
Condominium
Real estate, portions of which are designated for separate ownership with the remainder designated for common ownership by the owners of the separate portions. Real estate is not a condominium unless the undivided interests in the common elements are vested in the unit owners.
Condominium Association
Community association administers and maintains the common property and common elements of a condominium.
Conference Center
A conference center is an enclosed space that provides public meeting facilities.
Congregate Care Facility
Congregate Care Facilities shall mean a dwelling unit for 16 or more residents which otherwise meets the definition of an Adult Care Home. Congregate Care Facilities are for people needing assistance with Activities of Daily Living (ADLs) but wishing to live as independently as possible for as long as possible. Residents in congregate care facilities are not able live by themselves but do not require constant care either. Moreover, these facilities offer help with ADLs such as eating, bathing, dressing, laundry, housekeeping, and assistance with medications.
Construction Material Establishment
Where the primary use of the site is the retail selling of lumber, hardware or building material.
Construction Permit
See Building Permit.
Construction Service Establishment
Any establishment where the primary use is the provision of services that result in the fabrication, construction, alteration, repair, or development of land or structures.
Context
Factoring the existing built environment into the design of a building.
Contiguous
In contact with.
Cornice
A molded and projecting horizontal feature that crowns a facade or divides it horizontally for composition purposes.
Court
A space, open and unobstructed to the sky, located at or above grade level on a lot and bounded on three or more sides by walls of a building.
Crematorium
A location containing properly installed, certified apparatus intended for the use in the act of cremation.
Critical Basin
A drainage basin that contains floodwater channels, natural or man made, and/or flood control structures that cannot contain existing runoff produced by the base flood within the basin, and which has a documented history of severe flooding hazards.
Critical Feature
An integral and readily identifiable part of a flood protection system without which the flood protection provided by the entire system would be compromised.
Cul-De-Sac
See Street, Cul-de-sac.
Curb Cut
The curb cut is an opening along the curb line where vehicles may enter or leave the roadway.
Custodial Care Services
Incontinence care, care of confused or agitated persons and other services which are offered primarily to meet personal and functional needs and which can be provided by persons without professional skills or professional training. Custodial care services also means assistance in securing licensed in-home medical services provided by licensed professionals as ordered by a resident's personal physician.
Day Care Center
An establishment which receives for care and supervision seven (7) or more children or adults for less than 24 hours per day.
Day Care Home
A private residence which receives for care and supervision not more than six (6) children or adults for less than 24 hours per day.
Decibel
A decibel is the unit expressing the relative intensity of sounds from 0 (average least perceptible) to 130 (average pain level).
Dedication
The dedication is the designation of land by its owner for any general or public use.
Density
Density is the number of dwelling units per unit of land.
Detention Basin
A storage facility for the temporary storage of stormwater runoff with metered discharge.
Detention System
A type of flood control system which delays the downstream progress of flood waters in a controlled manner, generally through the combined use of a temporary storage area and a metered outlet device which causes a lengthening of the duration of flow, and thereby reduces downstream flood peaks.
Developer
The legal or beneficial owner or owners of a lot or of any land included in the proposed development including a holder of an option or contract to purchase or other person's having enforceable, proprietary interests in such land.
Developmental Disability
Physical or mental impairment such as autism, cerebral palsy, epilepsy, or mental retardation.
Disabled Person
A person who has a physical or mental impairment, or both, that substantially limits one or more major life activities, including caring for oneself, performing manual tasks, walking, seeing, hearing, speaking, breathing, learning, or working.
Display Surface
The area made available by the sign for the purpose of displaying the message.
District
Portions of the city that have certain uniform regulations and requirements or various combinations thereof apply under the provisions of this Code.
Dormitory
A space in a building where group sleeping accommodations are provided in one room, or in a series of closely associated rooms, for persons not members of the same family group, under joint occupancy and single management, as in college dormitories.
Drainage
The means used to prevent or alleviate flooding. Can also be used to preserve the water supply.
1. Surface water run-off.
2. The removal of surface water from land by drains, grading, or other means which include run-off controls to minimize erosion and sedimentation during and after construction or development.
Drainageway
Developer/Subdivider may or may not dedicate drainageways to the public.
1. If dedicated to the public, it shall be for the purpose of constructing and maintaining drainage improvements and such other public uses and improvements as may be compatible therewith.
2. If not dedicated, an easement shall be required for the purpose of constructing and maintaining drainage improvements only.
Drive-In Restaurant
A building or portion thereof where food and/or beverages are sold in a form ready for consumption and where all or a significant portion of the consumption takes place or is designed to take place outside the confines of the building often in a motor vehicle.
Driveway
A private roadway providing access for vehicles to a parking space or parking lot, garage, dwelling, or other structure.
Dual Licensee
Means an entity that holds both a nonprofit medical marijuana dispensary registration and a marijuana establishment license with the Arizona Department of Health.
Dwelling
A building designed or used as the living quarters for one or more families.
Dwelling (Multi-Family)
One structure containing more than two (2) dwelling units on a single lot or parcel or a single lot or parcel containing more than two (2) dwelling units.
Dwelling, Single Family
A building that contains one dwelling unit. Dwelling,
Single-Family (Attached)
One family dwelling in a row of at least three such units in which each unit has its own front and rear access to the outside (also known as a townhome). No unit is located over another unit and each unit is separated from any other unit by one or more common fire resistant walls.
Dwelling, Single-Family (Detached)
A dwelling which is designed for and occupied by one family and surrounded by open space or yards and which is not attached to any other building by any means.
Dwelling, Single-Family (Semi-Detached)
A one-family dwelling unit attached to another one-family dwelling by common vertical wall in which each dwelling is located on a separate lot.
Dwelling, Two Family or Duplex
One structure containing two (2) units on a single lot or parcel or a single lot or parcel containing two (2) dwelling units.
Dwelling Unit
An enclosed space of one or more rooms providing complete independent living facilities for one family including permanent provisions for living, sleeping, sanitation, and kitchen facilities.
Dwelling Unit (Accessory)
An ancillary or secondary living unit that has a separate kitchen, bathroom, and sleeping area, either within the same structure, or on the same lot, as the primary dwelling unit.
Dwelling Unit, Efficiency
A dwelling unit consisting of not more than one habitable room together with kitchen or kitchenette and sanitary facilities.
Easement
When the property owner grants the use of land for a specific or designated purpose to the public, a corporation, or other persons.
Eating Establishment
Any restaurant, coffee shop, cafeteria, short order café, lunch room, dinner theater, tavern, fast food restaurant, or other establishment where food and drink is prepared, served, and consumed primarily on site. Entertainment may also be provided as an accessory use.
Eave
The horizontal or downward projecting overhang at the lower edge of a roof.
Egress
An exit.
Elevation
1. A vertical distance above or below a fixed reference level.
2. A flat scale drawing of the front, rear, or side of a building.
Emergency Shelter
A facility, other than a community living arrangement, managed by a public or nonprofit agency that provides short-term housing and a protective sanctuary for victims of fire, natural disaster, economic hardship, crime, abuse, or neglect, and emergency housing during crisis intervention for victims which contains individual sleeping rooms and may or may not have food preparation facilities and private shower or bath facilities.
Engineer
Any engineer licensed by the State of Arizona.
Enlargement
Increasing the size of an existing structure.
EPA
The Environmental Protection Agency.
Erosion
When landmasses gradually wear away.
Excavation
Removal or recovery by any means whatsoever of soil, rocks, minerals, mineral substances, or organic substances other than vegetation from water or land on or beneath the surface thereof or beneath the land surface whether exposed or submerged.
Existing Grade or Elevation
The vertical location of the ground surface prior to excavating or filling the land.
Existing Use
The use of a lot or structure at the time this Code is enacted.
Expression Line
A horizontal linear element extending across a facade evidenced as a noticeable difference of projection or recess, change of color or material, or identified as a clear architectural feature of ornamentation such as a cornice.
Exterior Wall
Any wall which defines the exterior boundaries of a building or structure.
Façade
The exterior wall of a building exposed to public view or that wall viewed by persons not within the building.
Facility
The plant, equipment, and property, including but not limited to, poles, wires, pipe, conduits, pedestals, antenna, and other appurtenances placed in, on, or under the streets and public ways and not owned by the city.
Fair Housing Laws
Means (1) the Federal Fair Housing Act (42 U.S.C. § 3601) and (2) A.R.S. Title 41, Chapter 9, Article 7.
Family
Any number of individuals customarily living together as a single household and use common cooking facilities.
Farming
An incidental use to a residential dwelling, farming includes all types of agriculture and horticulture, such as flower and vegetable gardening, field crops, berry and bush crops, tree crops, and orchards, beekeeping and the storage of their products.
Fenestration
The arrangement and design of windows and other openings on a building’s facade.
Fence
An artificially constructed barrier of any material or combination of materials erected to enclose or screen areas of land.
Financial Assistance
Any form of loan, grant, guaranty, insurance, payment, rebate, subsidy, disaster assistance loan or grant, or any other form of direct or indirect Federal assistance, other than general or special revenue sharing or formula grants made to states.
Financial Institution
Any building wherein the primary occupation is concerned with such federal or state- regulated businesses as banking, savings and loans, loan companies and investment companies.
Findings
A written statement of facts, conclusions, and determinations based on the evidence presented in relation to the approval criteria and prepared by the approval authority in support of a decision.
Flood or Flooding
A general and temporary condition of partial or complete inundation of normally dry land areas from (1) overflow of flood waters, (2) the unusual and rapid accumulation or runoff of surface waters from any source, and/or (3) the collapse or subsidence of land along the shore of a lake or other body of water as a result of erosion or undermining caused by waves or currents of water exceeding anticipated cyclical levels or suddenly caused by an unusually high water level in a natural body of water, accompanied by a severe storm, or by an unanticipated force of nature such as flash flood or an abnormal tidal surge, or by some similarly unusual and unforeseeable event which results in flooding as defined in this definition.
Floor Area, Gross
The sum of the gross horizontal areas of the several floors of a building measured from the exterior face of exterior walls, or from the center line of a wall separating two buildings but not including interior parking spaces, loading space for motor vehicles, or any space where the floor to ceiling height is less than 6 feet.
Floor Area, Net
The total of all interior useable floor areas of a building measured from the interior face of interior walls, excluding stairwells and elevator shafts, unenclosed porches, public corridors and public toilets, light shafts, equipment rooms and equipment chases (vertical).
Floor, Lowest
The lowest floor of the lowest enclosed area (including basement). An unfinished or flood- resistant enclosure, usable solely for parking of vehicles, building access or storage in an area other than a basement area is not considered a building's lowest floor; provided that such enclosure is not built so as to render the structure in violation of the applicable non- elevation design requirements of this Code. Fraternal Organization
A group of people formally organized for a common interest, usually cultural, religious or entertainment, with regular meetings, rituals, and formal written membership requirements.
Frontage
That portion of a parcel of property which abuts a public street.
Frontage, Primary
The side of the lot or parcel that abuts the more intensive functional street classification. If street classification is the same for both streets, then the street that the parcel is addressed shall be considered the primary frontage.
Frontage, Secondary
The side of the lot or parcel that abuts the less intensive functional street classification.
Full Cut-Off Light Fixture
A light fixture constructed, installed, and maintained in such a manner that all light emitted by the fixture, either directly from the lamp or indirectly by reflection or refraction from any part of the fixture, is projected below a horizontal plane running through the lowest part of the fixture. Also considered fully shielded.
Funeral Home
An establishment used for the preparation of the deceased for burial and ceremonies connected therewith before burial or cremation.
Garage, Private
A building, or portion thereof, not more than 1000 square feet in area, in which only motor vehicles used by the tenants of the building, or buildings on the premises are stored or kept.
Garage Sale
A sale of household items conducted on a residential site and incidental to the principal dwelling. Garage sales shall be held on an infrequent or occasional basis only, and shall not constitute a business.
Glare
The sensation produced by a bright light source within the visual field that is sufficiently brighter than the level to which the eyes are adjusted, causing discomfort and/or loss in visual performance or visibility.
Governing Body
The local governing unit, i.e. county or municipality, that is empowered to adopt and implement regulations to provide for the public health, safety and general welfare of its citizenry.
Grade
The lowest point of elevation of the finished surface of the ground, paving or sidewalk within the area between the building and the property line, or when the property line is more than five feet from the building, between the building and a line five feet from the building.
Grade, Finished
The final elevation of the ground surface after alteration at the highest point. See Figure 4.
Grade, Natural
The elevation of the ground surface in its natural state, before man-made alterations. See Figure 4.
Hazardous Materials
Those chemicals or substances which are physical hazards or health hazards as defined and classified in the International Fire Code and the State of Arizona Department of Environmental Quality list for hazardous materials (Title 40, Part 302.4 of the U.S. Code of Federal Regulations), whether the materials are in usable or waste condition.
Health and Fitness Studio
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.
Health Care Institution
Any institution, building or agency, whether organized for profit or not, which provides facilities with medical services, nursing services, health screening services, other health-related services or supervisory care services and includes home health agencies, custodial care services, and hospice service agencies.
Height
For the purpose of determining the height limits in all zones set forth in this article and shown on the Official Zoning Map, the datum shall be mean sea level elevation unless otherwise specified.
Highest Adjacent Grade
The highest natural elevation of the ground surface prior to construction next to the proposed walls of a structure.
Home-Based Business
The use of a dwelling unit for gainful employment provided the occupational use is incidental to the primary use of the dwelling unit as a residence.
Hospital
An institution providing primary health services and medical or surgical care to persons, primarily inpatients, suffering from illness, disease, injury, deformity and other abnormal physical or mental conditions, and including, as an integral part of the institution, related facilities such as laboratories, outpatient facilities or training facilities.
Hotel
A facility, consisting of six or more guest rooms, offering transient lodging accommodations to the general public and may provide additional services such as restaurants, meeting rooms, and recreation facilities.
Household
A family living together in a dwelling unit, with common access to, and use of, all living, eating, kitchen and storage areas within the dwelling unit.
Human Scale
Used to describe the quality of a building that includes structural or architectural components of size and proportions that relate to the human form and/or that exhibits through its structural or architectural components the human functions contained within.
Illuminance
The amount of light striking a surface area. Illuminance is measured in lux (lx) or lumens per square meter.
Impervious Surface
Impervious surfaces are those that do not absorb water. They consist of all buildings, parking areas, driveways, road, sidewalks, and any areas of concrete or asphalt. In the case of lumberyards, areas of stored lumber constitute impervious surfaces.
Impound Yard
A facility that provides temporary outdoor storage for Class I vehicles that are to be claimed by titleholders or their agents. No vehicle shall be stored at said facility for more than 45 days and must remain mechanically operable and licensed at all times; provided however, the facility may store wrecked motor vehicles usually awaiting insurance adjustment or transport to a repair shop and where motor vehicles are kept for a period of time not exceeding 14 days.
Industrial Workshops and Services
Establishments providing industrial services to individuals or businesses. This classification includes dry cleaning plants, metal, machine, and welding shops; cabinetry and woodworking shops; furniture upholstery shops; and similar business engagements in custom fabrication and repair.
Ingress
Access or entry.
Itinerant Vendor
A vendor that sells goods at a location for no more than 2 hours at a time. The vendor will need to be located on a vacant lot and not a parking lot, unless all parking requirements can be maintained.
Junk
Scrap iron, scrap tin, scrap brass, scrap copper, scrap lead or scrap zinc and all other scrap metals and their alloys, and bones, rags, used cloth, used rubber, used rope, used tinfoil, used bottles, old or used machinery, used tools, used appliances, used fixtures, used utensils, used lumber, used boxes or crates, used pipe or pipe fittings, used tires, and other manufactured goods that are so worn, deteriorated or obsolete as to make them unusable in their existing condition, but are subject to being dismantled.
Junkyard
Any area, lot, land, parcel, building or structure or part thereof used for the storage, collection, processing, purchase, sale or abandonment of waste paper, rags, scrap metal or other scrap or discarded goods, materials, machinery or two or more unregistered, inoperable motor vehicles, or other type of junk.
Kennel
Any place where four or more dogs, cats, or other animals over six months of age other than household pets are kept, raised, sold, boarded, bred, shown, treated, or groomed.
Kitchen
A room used or designed to be used for the preparation of food.
Kitchen Facilities
A room or area used or designed to be used for the preparation of food. The installation of plumbing to allow the installation of a sink shall determine permanent provisions for kitchen facilities.
Landscape Service Establishment
An establishment where the primary use involves the maintenance of landscaping and open areas as a service usually performed by contract.
Landscaping
Shall consist of any of the following or combinations thereof: material such as, but not limited to, grass, groundcovers, shrubs, vines, hedges, trees or palms; and non-living durable material commonly used in landscaping, such as but not limited to rocks, pebbles, sand, walls or fences but excluding paving.
Levee
A man-made structure, usually an earthen embankment, designed and constructed in accordance with sound engineering practices to contain, control, or divert the flow of water so as to provide protection from temporary flooding.
Levee System
A flood protection system consisting of a levee, or levees, and associated structures, such as closure and drainage devices, which are constructed and operated in accordance with sound engineering practices.
Light Emitting Diode (LED)
A semiconductor diode or bulb that emits light when voltage is applied to it and is used in electronic devices.
Livestock
Livestock are meat animals, cattle, sheep, swine, horses, ponies, or goats or any mutations or hybrids thereof.
Lot
The smallest legally platted parcel of real property created in a subdivision. See Figure 5.
Lot Area
The lot area is the total area within the boundary lines of a lot.
Lot, Corner
A lot abutting two or more intersecting streets having an interior angle of intersection not exceeding 135 degrees.
Lot Coverage
Lot coverage is that portion of the lot that is covered by buildings and structures.
Lot, Depth
The horizontal distance between front and rear lot lines measured along the median between the two side lot lines.
Lot, Double Frontage
To have double frontage, a lot must have frontage on two parallel streets.
Lot, Interior
An interior lot is a lot other than a corner lot with frontage only on one street.
Lot, Key
An interior lot, one side of which is contiguous, or separated only by an alley, from the rear line of a corner lot. See Figure 6.
Lot Line
A line of record bounding a lot that divides one lot from another lot or from a public or private street or any other public space.
Lot Line, Front
The Director of Community Development shall determine the front lot line in accordance with one of the following:
1. Corner Lot: The front lot line of a corner lot shall be the shorter of the two lines adjacent to the streets. Where lines are equal, the front lines shall be that line which is obviously the front by reason of the prevailing frontage of the other lots on the block. If such front is not evident, then either may be considered the front of the lot but not both.
2. Interior Lot: The front lot line of an interior lot shall be the line abutting with the street frontage.
3. Through Lot: All abutting street lines shall be considered front lot lines, regardless of their relative length or the actual facing of building or buildings on the lot.
4. Combined Lots: Where two or more lots are used as a building site and where the main building crosses lot lines, then the entire area shall be considered as one lot, except that the front of the parcel shall be determined to be the front of the individual lots as originally platted or laid out. See Figure 7.
Lot Line, Interior
An interior lot line is any side lot line not adjacent to a street.
Lot Line, Rear
A lot line which is opposite to and most distant from the front lot line. In the case of a corner lot, the Director of Community Development shall determine the rear lot line. In the case of an irregular or triangular shaped lot, a lot line 10 feet in length within the lot parallel to and at the maximum distance from the front lot line See Figure 8.
Lot Line, Side
A lot line that is not a front or rear lot line.
Lot, Minimum Area of
The smallest lot area established by this Code on which a use or structure may be located in a particular district.
Lot, Reverse Frontage
A through lot that is not accessible from one of the parallel or non-intersecting streets upon which it fronts.
Lot, Through
A lot which fronts upon two parallel streets, or which fronts upon two streets which do not intersect at the boundaries of the lot.
Lot Width
The horizontal distance between the sidelines of a lot measured at right angles to its depth along a straight line parallel to the front lot line at the minimum required building setback line. See Figure 9.
1. If the side lot lines are parallel, the shortest distance between these side lot lines.
2. If the side lot lines are not parallel, the width of the lot shall be the length of a line measured at right angles to the axis of the lot at a point that is equal to or greater than the required front yard setback for the district in which located. The axis of a lot shall be a line joining the midpoints of the front and rear lot lines.
Lumen
A unit used to measure the total amount of light that is produced by a luminaire.
Luminaire
A light fixture, including the complete lighting assembly (including lamps, housings, reflectors, lenses and shields), but excluding the support assembly.
Luminance
The amount of light reflected from a surface. The luminance indicates how much luminous power will be detected by an eye looking at the surface from a particular angle of view. Luminance is thus an indicator of how bright the surface will appear. Luminance is measured in candela per square meter (cd/m
2
) or “nits”.
Maintain
To cause or allow to continue in existence; when the context indicates, maintain shall mean to preserve and care for a structure, improvement, conditions or area so that it remains attractive, safe, and presentable and carries out the purposes for which it was installed, constructed or required.
Manufactured Home
A single-family home dwelling, manufactured after June 15, 1976, in an offsite manufacturing facility for installation or assembly at the building site, built in compliance with the federal Manufactured Home Construction and Safety Standard Act, originally bearing an appropriate insignia of approval issued by the United States Department of Housing and Urban Development (HUD).
Manufactured Home Park
Real property under single ownership that is used as the location for two or more manufactured homes that are, or are intended to be, occupied as dwellings, upon lots which are not conveyable.
Manufacturing (Heavy)
An establishment engaged in the mechanical or chemical transformation of materials or substances into new products, and which may involve significant air, water, noise, radiation, visual, odorous, or other pollution, and which would have a significant impact upon surrounding properties. The term heavy manufacturing shall include junk or salvage yards.
Manufacturing (Light)
The manufacture, predominantly from previously prepared materials, finished products or parts, including processing, fabrication, assembly, treatment and packaging of such products, and incidental storage, sales, and distribution of such products, provided all manufacturing activities are contained entirely within a building and noise, odor, smoke, heat, glare, and vibration resulting from the manufacturing activity are confined entirely within the building.
Marijuana
1. Means all parts of the plant of the genus cannabis, whether growing or not, as well as the seeds from the plant, the resin extracted from any part of the plant, and every compound, manufacture, salt, derivative, mixture or preparation of the plant or its seeds or resin.
2. Includes cannabis as defined in A.R.S. § 13-3401.
3. Does not include industrial hemp, the fiber produced from the stalks of the plant of the genus cannabis, oil or cake made from the seeds of the plant, sterilized seeds of the plant that are incapable of germination, or the weight of any other ingredient combined with marijuana to prepare topical or oral administrations, food, drink, or other products.
Marijuana Concentrate
1. Means resin extracted from any part of a plant of the genus cannabis and every compound, manufacture, salt, derivative, mixture or preparation of that resin or tetrahydrocannabinol.
2. Does not include industrial hemp or the weight of any other ingredient combined with cannabis to prepare topical or oral administrations, food, drink, or other products.
Marijuana - Consume, Consuming, and Consumption
Consume means the act of ingesting, inhaling, or otherwise introducing marijuana into the human body.
Marijuana - Cultivate and Cultivation
Means to propagate, breed, grow, prepare and package marijuana.
Marijuana - Deliver and Delivery
Means the transportation, transfer or provision of marijuana or marijuana products to a consumer at a location other than the designated retail location of a marijuana establishment.
Marijuana Establishment
Means an entity licensed by the Arizona Department of Health and Human Services to operate all of the following:
1. A single retail location at which the licensee may sell marijuana and marijuana products to consumers, cultivate marijuana and manufacture marijuana products;
2. A single off-site cultivation location at which the licensee may cultivate marijuana, process marijuana, and manufacture marijuana products, but from which marijuana and marijuana products may not be transferred or sold to consumers;
3. A single off-site cultivation location at which the licensee may cultivate marijuana, process marijuana, and manufacture marijuana products, but from which marijuana and marijuana products may not be transferred or sold to consumers.
Marijuana Extraction
Means the process of extracting or separating resin from marijuana to produce or process any form of marijuana concentrates using water, lipids, gases, solvents, or other chemicals of chemical processes.
Marijuana - Processes and Processing
Means to harvest, dry, cure, trim or separate parts of the marijuana plant.
Marijuana Products
Means marijuana concentrate and products that are composed of marijuana and other ingredients and that are intended for use or consumption, including edible products, ointments, and tinctures.
Marijuana - Smoke
Means to inhale, exhale, burn, carry or possess any lighted marijuana or lighted marijuana products, whether natural or synthetic.
Marijuana Testing Facility
Means the Department or another entity that is licensed by the Department to analyze the potency of marijuana and test marijuana for harmful contaminants.
Medical Marijuana
Means all parts of the genus cannabis whether growing or not, and the seed of such plants that may be administered to treat or alleviate a qualifying patient’s debilitating medical condition or symptoms associated with the patient’s debilitating medical condition.
Medical Marijuana Cultivation
The process by which a person grows a marijuana plant. A facility shall mean a building, structure, or premises used for the cultivation or storage of medical marijuana that is physically separate and offsite from a medical marijuana dispensary.
Medical Marijuana Dispensary
Means a not-for-profit entity, defined in A.R.S. § 36-2801.11, that acquires, possesses, cultivates, manufactures, delivers, transfers, transports, supplies, sells or dispenses marijuana or related supplies, and educational materials to medical marijuana qualifying patients.
Medical Marijuana Dispensary Offsite Cultivation Location
Means the additional location where marijuana is cultivated by a medical marijuana dispensary as referenced in A.R.S. § 36-2804.B.1(b)(ii).
Medical Marijuana Infusion Facility
A facility that incorporates medical marijuana (cannabis) by the means of cooking, blending, or incorporation into consumable/edible goods.
Medical Marijuana Qualifying Patient
A person who has been diagnosed by a physician as having a debilitating medical condition as defined in A.R.S. § 36-2801.13.
Microbrewery
An establishment where beer and malt beverages are duly-licensed to be made on the premises and then sold or distributed, and which produces less than 15,000 barrels (465,000 U.S. gallons) of beer per year.
Micro-Distillery
A duly-licensed establishment primarily engaged in on-site distillation of spirits in quantities not to exceed 75,000 gallons per year. The distillery operation processes the ingredients to make spirits by mashing, cooking, and fermenting. The micro-distillery operation does not include the production of any other alcoholic beverage.
Mineral Extraction
The excavation or extraction of any earth products of natural mineral deposit, except where such excavation is for purposes of grading for a building lot or roadway or where materials are excavated from a lot for use on that same lot by the owner of the property.
Mini-Warehouse
An establishment providing separate storage spaces at varying sizes leased or rented on an individual basis primarily for the storage of personal or household goods.
Minor
Person under the age of 18 years.
Mixed-Use Building
A building which contains one or more residential dwelling units located above the ground floor of a non-residential use(s) permitted in the zone.
Mixed Use Development
A development consisting of one or more lots developed as a cohesive project and designed with a blend of various compatible uses such as commercial, residential and institutional in a compact urban form. The uses may be located in the same building or in separate buildings.
Mobile Food Vendor
Means a person who sells, serves, or offers for sale, or gives away only food from a food from a mobile food vending unit parked or located on a private parcel of property. This term does not include a person who operates a mobile food vending unit at a location for no more than two hours at a time.
Mobile Home
A residential structure built on or before June 15, 1976, on a permanent chassis, capable of being transported in one or more sections and designed to be used with or without a permanent foundation as a dwelling when connected to on-site utilities, except recreational vehicles and other factory-built buildings constructed to meet or exceed the State of Arizona and local building codes.
Module
An arbitrary unit adopted to regulate the dimensions, proportions, or construction of the parts of a building.
Motel
Shall mean hotel as defined herein.
Motion Picture Theater/Cinema
A building or part of a building devoted to showing motion pictures.
Motor Freight Terminal
An establishment where the primary use is the storage, routing and reshipment of freight by truck.
Motor Home
A vehicular type unit primarily designed as temporary living quarters for camping or travel use.
Motor Pool Facility
An establishment where the primary uses the outdoor or indoor storage, service, maintenance or repair of motor vehicle fleets.
Motor Vehicle
Any vehicle that is self-propelled.
Multi-Tenant Building
A commercial or industrial development in which there exists two or more separate commercial or industrial activities in which there are shared facilities (such as parking) and which is designed to provide a single internal access area in which the public can obtain varied products or services. Distinguishing characteristics of a multi-tenant building may, but need not include, common ownership of the real property upon which the center is located, common wall construction, and multiple tenant commercial or industrial use in a single structure.
Murals
Murals are noncommercial pictures, not advertising a product or service sold on the premises, painted on or attached to the exterior walls.
Muted Color
Subdued or softened color.
Neighborhood Meeting
A meeting setup between the applicant and adjacent property owners. Adjacent property owner means all neighbors within a 500-foot radius of the development.
Nits
A measure of luminance that describes the amount of light that passes through or is emitted from a particular object. The unit of measurement is candela per square meter (cd/m
2
).
Noise Pollution
Noise pollution is the continuous or episodic excessive noise in the human environment.
Nursing Home
A home for the aged or infirm in which two or more persons not of the immediate family are received, kept, or provided with food and shelter, or inpatient services for compensation on a 24-hour per day basis; but not including hospitals, clinics, or similar institutions devoted primarily to the diagnosis and treatment of the sick or injured.
Nursing Services
Those services pertaining to the curative, restorative, and preventive aspects of nursing care that are performed at the direction of a physician by or under the supervision of a registered nurse licensed in this state.
Obscene
Offensive to accepted standards of decency or modesty.
Occupancy
The purpose for which a building, or part thereof, is used or intended to be used.
Occupant
An occupant is the individual or individuals in actual possession of the premises. Any person, permittee, licensee, or franchisee that places or maintains facilities in the city streets and public ways.
Occupied
The residing of an individual or individuals overnight in a dwelling unit, or the installation, storage, or use of equipment, merchandise, or machinery in any public, commercial or industrial building.
Odor, Noxious
Any odor that is offensive to human beings.
Office (Business and Professional)
A place where a particular kind of business is transacted or a service is supplied, excluding retailing, according to the following:
1. A place in which functions, such as consulting, record keeping, or clerical work are performed, or
2. A place in which a professional person (e.g. a physician or lawyer) conducts professional services.
Off-Street Parking Space
A storage area for a motor vehicle that is directly accessible to an access aisle and which is not located on a dedicated street right-of-way.
On-Street Parking Space
A temporary storage area for a motor vehicle that is located on a dedicated street right-of- way.
One Hundred-Year Flood
The one-hundred-year flood is the flood having a 1 percent chance of being equaled or exceeded in any given year.
Open Space
Any parcel or area of land or water essentially unimproved and set aside, dedicated, designated or reserved for public or private use or enjoyment, or for the use and enjoyment of owners and occupants of land adjoining or neighboring such open space.
Open Space, Common
Land within or related to a development, not individually owned or dedicated for public use, which is designed and intended for the common use or enjoyment of the residents of the development and may include such complementary structures and improvements as are necessary and appropriate. Such space does not include private or public street right-of- way.
Open Space, Private
Common open space held in private ownership, the use of which is normally limited to the occupants of a single dwelling or building.
Open Space, Public
Open space owned by a public agency and maintained by it for the use and enjoyment of the general public.
Outdoor Storage
The storing or displaying in any open area of any goods, equipment, material or vehicles affiliated with the business operating on the same property.
Owner
Any person with fee title or a long-term (exceeding 10 years) leasehold to any parcel of land within the city who desires to develop or construct, build, modify, or erect a structure upon such parcel of land.
Parapet or Parapet Wall
The parapet is the part of any wall extending above the roofline.
Park
A tract of land designated and used by the public for active and passive recreation.
Parking Access
The area of a parking lot that allows motor vehicles ingress and egress from the street.
Parking Area
Any public or private land area designed and used for parking motor vehicles including parking lots, garages, private driveways, and legally designated areas of public streets.
Parking Area, Private
A parking area used for private use of the owners or occupants of the lot on which the parking area is located.
Parking Area, Public
A parking area available to the public, with or without compensation, used to accommodate clients, customers, or employees.
Parking Bay
The parking module consisting of one or two rows of parking spaces and the aisle from which motor vehicles enter and leave the spaces.
Parking Lot
An off-street, ground level area, surfaced or improved for the temporary storage of motor vehicles.
Parking Lot (Commercial)
An off-street parking lot that is not affiliated with a specific other use that provides parking, in whole or majority part, as a commercial enterprise, for a fee on a first come-first-served basis by hourly or monthly contract.
Parking Space
A parking space is a space designated for parking a motor vehicle within a public or private parking area.
Particulates
Finely divided solid or liquid particles in the air or in an emission including dust, smoke, fumes, mist, spray, and fog.
Party Wall
A party wall is the shared wall between two separate structures, buildings, or dwelling units.
Peak-Hour Traffic
The peak-hour traffic is the largest number of vehicles passing over a designated section of street during a 24-hour period.
Person
Any person, firm, partnership, association, social or fraternal organization, corporation, estate, trust, receiver, syndicate, branch of government, or any other group or combination acting as a unit.
Personal Service Establishment
Establishments primarily engaged in providing services involving the care of a person or their apparel, and engaged in rendering services to business establishments on a fee or contract basis. Personal services include laundry, cleaning and garment services, linen supply, coin operated laundromats, tailors, carpet and upholstery cleaning, photographic studios, beauty shops, barber shops, shoe repair, and similar uses.
Pet Grooming Service
Any place or establishment where animals are bathed, clipped, or combed for the purpose of enhancing their aesthetic value or health and for which a fee is charged.
Pet Shop
A retail sales establishment primarily involved in the sale of domestic animals, such as dogs, cats, fish, birds, and reptiles, excluding exotic animals and farm animals such as horses, goats, sheep, and poultry.
Place of Worship
A permanently located building or group of buildings or structure wherein people regularly assemble for religious worship and which is maintained and controlled by a religious body to sustain public worship and related uses.
Plan, Master Development
A preliminary map indicating tentative layout of streets and location of schools, recreation areas, and other community facilities for the entirety of a land holding of which a portion is to be submitted as a preliminary plat; a map meeting the needs of this Code.
Plan, General
The Sierra Vista General Plan together with any supplements thereto.
Plans Engineering
Plans, profiles, cross-sections, specifications and other details of construction of the improvements required under the provisions of this Code, prepared by a registered engineer in the State of Arizona, and in accordance with the approved preliminary plat and in compliance with adopted city standards.
Plant Nursery
Land or greenhouses used to raise flowers, shrubs or plants for sale.
Plat
A map of a subdivision.
Plat, Final
A map of all or part of a subdivision essentially conforming to an approved preliminary plat prepared in accordance with the provisions of this Code.
Plat, Preliminary
A preliminary map including supporting data indicating a proposed subdivision design prepared in accordance with the provisions of this Code.
Plat, Recorded
A final plat bearing all the certificates of approval required by the Code and filed in the Office of the County Recorder.
Portico
An exterior porch or walkway with a roof typically supported by columns, often leading to the entrance of a building.
Principal Use
The principal use is the main use to which the premises are devoted and the primary purpose for which the premises exists.
Private Club
An association organized and operated on a nonprofit basis for persons who are bona fide dues paying members established for the fraternal, social, educational, recreational or cultural enrichment of its members. Food, meals and beverages may be served on premises.
Reasonable Modification
Means providing disabled persons flexibility in the application of a structure’s dimensional standards and lot coverage area requirements and procedures, when necessary to eliminate barriers to housing opportunities. It includes such things as reduced building setbacks, building height that exceeds the maximum requirements, or increasing the lot coverage areas. Reasonable accommodation does not include an accommodation which would (1) impose an undue financial or administrative burden on the city or (2) require a fundamental alteration in the nature of the city’s land use patterns and zoning codes.
Recovery Home
A group residential facility with one or more supervisors residing on the premises, with professional staff services needed, providing board, lodging, supervision, medication and other treatment and counseling, for personal progressing from relatively intensive treatment for mental or emotional illness, alcoholism, drug addiction, or similar conditions to full normal participation in community life and persons otherwise in need of a structured environment to deal with such conditions.
Recreational Vehicle
Recreational vehicle means a vehicular type unit that is:
1. A portable camping trailer mounted on wheels and constructed with collapsible partial sidewalls that fold for towing by another vehicle and unfolds for camping.
2. A motor home designed to provide temporary living quarters for recreational, camping, or travel use and built on or permanently attached to a self-propelled motor vehicle chassis or on a chassis cab or van that is an integral part of the completed vehicle.
3. A park trailer built on a single chassis, mounted on wheels and designed to be connected to utilities necessary for operation of installed fixtures and appliances and has a gross trailer area of not less than 320 square feet and not more than 400 square feet when it is set up, except that it does not include fifth wheel trailers.
4. A travel trailer mounted on wheels, designed to provide temporary living quarters for recreational, camping or travel use, of a size or weight that may or may not require special highway movement permits when towed by a motorized vehicle and has a trailer area of less than 320 square feet. If a unit requires a size or weight permit, it shall be manufactured to the standards for park trailers in Book #A119.5 of the American National Institute Code.
5. A portable truck camper constructed to provide temporary living quarters for recreational, travel, or camping use and consisting of a roof, floor, and sides designed to be loaded onto and unloaded from the bed of a pick-up truck.
Recycling Center
A recycling center is an enclosed building within which recyclable materials are converted into new products by reprocessing or manufacturing. A recycling center may include collection, storage, and processing of recyclables for shipment. Outdoor storage of materials may be acceptable. Recyclable materials are reusable materials including, but not limited to: paper, empty glass bottles, jars, metal cans, and plastic containers, which are intended for re-use or reconstitution for the purposes of using the altered form. This does not include items disassembled and sold for parts, such as automobiles.
Recycling Collection Point
A recycling collection point is an enclosed container that serves as a neighborhood or local drop-off point for temporary storage of recyclable materials, excluding hazardous waste materials.
Regulatory Flood Elevation
An elevation 1 foot above the base flood elevation for a watercourse for which the base flood elevation has been determined and shall be as determined by the criteria developed by the director of water resources for all other watercourses.
Remedy a Violation
This definition is for floodplain management. To remedy a violation, the structure or other development must be brought into compliance with city or local floodplain management regulations, or, if this is not possible, to reduce the impacts of its noncompliance. Ways that impacts may be reduced include protecting the structure or other affected development from flood damages, implementing the enforcement provisions of the ordinance, or otherwise deterring future similar violations, or reducing federal financial exposure with regard to the structure or other development.
Rental Unit
Any housing unit, which is occupied pursuant to a lawful rental agreement, oral or written, expressed or implied.
Repetitive Loss Structure
A structure, covered by a contract for flood insurance issued pursuant to the National Flood Insurance Act, that has incurred flood-related damage on two occasions during any 10-year period ending on the date of the event for which a second claim is made, in which the cost of repairing the flood damage, on average, equaled or exceeded 25 percent of the market value of the structure at the time of each such flood event. In addition to the current claim, the National Flood Insurance Program must have paid the previous qualifying claim.
Research and Development
A business that engages in research, or research and development, of innovative ideas in technology-intensive fields. Examples include research and development of computer software, information systems, communication systems, transportation, geographic information systems, multimedia and video technology. Development and construction of prototypes may be associated with this use.
Residential Treatment Facility
Any residential establishment other than a hospital or nursing home providing relatively intensive diagnostic or therapeutic services for its residents for alcoholism, drug abuse, mental illness, emotional problems, developmental disabilities or similar conditions.
Residential Unit
See Dwelling Unit.
Retail Food Establishment
An establishment where the primary use is the sale of take out (fast) food or delivery with limited accessory seating. Such establishments include ice cream shops, delicatessens, sandwich shops, caterers, and pizza delivery establishments. These types of establishments are often found in association with shopping centers.
Retail Sales
Any establishment where the primary use is the sale of goods or merchandise to the general public for personal or household consumption. Limited processing may be permitted as accessory to the selling activity.
Retention Basin
A pond, pool, or basin used for the permanent storage of water runoff.
Rhythm
Reference to the regular or harmonious recurrence of lines, shapes, forms or colors, incorporating the concept of repetition as a device to organize forms and spaces in architecture.
Riding Academy
An establishment where horses are boarded and cared for, and where instruction in riding, jumping, and showing is offered, and where horses may be hired for riding.
Right-of-Way
The area between boundary lines of a street or other dedicated area.
Ringlemann Chart
The Ringlemann chart is a comparative chart for use in determining the relative amount of particulate matter in smoke.
Riverline
Relating to, formed by, or resembling a river (including tributaries) stream, brook, etc.
Roadway
The roadway is that portion of a road or alley right-of-way that is improved for vehicular traffic and is narrower in width than the right-of-way.
Roof
A roof is a continuous solid sheathing cover on a structure that provides protection from rain, wind, sun, or other natural elements.
School (Public Education Facilities and Charter)
An institution licensed by the Arizona Department of Education.
School of General Education (Private)
A parochial, private school, college, or university, or a school for the mentally or physically handicapped, giving regular instruction typically five (5) days per week except holidays for a normal school year. A school of general education does not include a school of special education or day care center unless conducted as a part of a school of general education.
School of Special Education (Private)
A school of special education is a school devoted primarily to giving instruction in special subjects such as vocational, technical, music, arts, dancing, drama, linguistic, religious, business, secretarial and similar subjects.
Security Fund
Funds deposited with the city as required by ordinance, permit, license, or franchise to secure the faithful performance by the occupant of the terms and conditions for the occupant’s use of the streets and public ways.
Service Drive
See Driveway.
Service Station
See Automobile Service Station.
Setback
The setback is the minimum allowable horizontal distance from a given point or line of reference to the nearest vertical wall or other element of a principal building or structure as defined herein. The point or line of reference will be the lot line following any required dedication or a special or reservation line if one is required pursuant to this Code.
Shopping Center
A group of two or more different commercial establishments which share the same site with common facilities including parking, ingress/egress, landscaping, and pedestrian malls which function as a unit.
Sight Triangle
A triangle shaped portion of land established at street or alley intersections in which nothing is erected, placed, planted or allowed to grow in such a manner as to limit or obstruct the sight distance of motorists entering or leaving the intersection.
Sign
Any object, device, display, or structure, or part thereof, situated outdoors or indoors, which is used to advertise, identify, display, direct, or attract attention to an object, person, institution, organization, business, product, service, event or location by any means, including words, letters, figures, design, symbols, fixtures, colors, illumination, or projected images.
Sign, Abandoned
Any sign located on a premises where the business or activity to which it relates is no longer conducted.
Sign, A-Frame
A sign that is portable, self-supporting, and consists of a structure that resembles an "A".
Sign, Air Puppet
Any inflatable object, except for balloons, which is propelled or moved by forced air and not by atmospheric conditions.
Sign, Animated or Moving
Any sign or part of a sign which changes physical position by any movement or rotation or which gives the visual impression of such movement or rotation.
Sign Area
The sign area is the entire face of a sign including the advertising surface and any framing, trim, or molding, but not including the supporting structure.
Sign, Banner
A banner is constructed of fabric or other suitable material, which is attached or suspended at two ends or continuously across the long side. Detached banners are not attached to a building and are secured to a freestanding temporary support structure, uprights, stakes, or poles. Attached banners are those that are affixed to a permanent structure such as a building.
Sign, Billboard
A sign which directs attention to a business, commodity service, or entertainment conducted, sold or offered at a location other than the premises on which the sign is located.
Sign, Bulletin Board
A sign announcing activities of a permitted educational, governmental, nonprofit, religious institution, or recreation area that is constructed to permit changes of copy; not including flashing, intermittent, or moving electronic message boards. The bulletin board shall be fully enclosed with a transparent cover.
Sign, Construction
A temporary sign erected on the premises on which construction is taking place, during the period of such construction, indicating the names of the architects, engineers, landscape architects, contractors, or similar artisans, and the owners, financial supporter, sponsors, and similar individuals or firms having a role or interest with respect to the structure or project.
Sign, Digital Display
See Electronic Message Center Sign.
Sign, Directional
Signs limited to directional messages, principally for pedestrian or vehicular traffic, such as one-way, entrance, and exit.
Sign, Electronic Message Center
An electronic or electronically controlled message board, or any sign, or portion of sign, that changes its text, copy, display, and/or light intensity electronically or by electronic means.
Sign, Entryway
A sign located at the entryway(s) of a specific geographic region, development, or subdivision and identifies the boundaries of said areas.
Sign, Externally Illuminated
A sign illuminated by an exterior light source or luminous tubing which is primarily designed to illuminate only the sign.
Sign, Facade
See Sign, Wall.
Sign Face
The area or display surface used for the message.
Sign, Feather Banner
A banner sign that is attached to a self-supporting post.
Sign, Flashing
Any sign containing an intermittent or flashing light source, or which includes the illusion of intermittent or flashing light by means of animation, or an externally mounted intermittent light source. Automatic changing signs such as public service, time, temperature, and date signs or electronically controlled message centers are classed as Changing Signs, not Flashing Signs.
Sign, Freestanding
A sign that is erected or mounted on its own self-supporting permanent structure or base detached from any supporting elements of building.
Sign, Government
Signs related to public safety, traffic, municipal boundary and identification to include public buildings located on government owned property. Signs can be either portable or permanent.
Sign, Ground
Any sign, other than a pole sign, placed upon or supported by the ground independent of any other structure.
Sign, Ground Supported
Any sign that requires structural support from the ground.
Sign, H-Frame
Consists of either a metal framed or unframed sign that is supported by two posts inserted into the ground and one or more crossbars between the two poles to make the entire frame one single unit.
Sign Height
Sign Height is measured from the highest adjacent grade or the highest point of the adjacent street grade, whichever provides the greater amount of sign height.
Sign, Illuminated
A sign lighted by or exposed to artificial lighting either by lights in the sign or directed towards the sign.
Sign, Inflatable
Any object used for advertising that is inflated with air through any artificial means.
Sign, Internally Illuminated
An internally illuminated sign is lit wholly or partially from an internal light source.
Sign, Marquee
A sign which is painted, inscribed, or otherwise depicted upon and consisting of any hood or awning of permanent construction attached to or supported by a building and projecting over public property. A marquee is understood to have a frame constructed of noncombustible materials and having a fixed position.
Sign, Monument
A monument sign is a freestanding sign that has been provided with a base of some type (a pole cover or architectural embellishment) or stands alone on its own foundation.
Sign, Multi-Tenant Building
A freestanding or wall sign placed upon a building or premise of a multi-tenant commercial building.
Sign, Noncomplying
Any sign constructed after the effective date of this Code in violation of any of the provisions of this Code.
Sign, Nonconforming
Any sign in existence or under construction on the effective date of this Code which does not conform to the provisions of this Code, but which was or is being constructed, erected, or maintained in compliance with all previous regulations.
Sign, Off Premise
A sign advertising a business, products, goods, services, or facilities provided elsewhere than the premises on which the sign is located.
Sign, On Premise
A sign advertising only the business or the goods, services, or facilities located on the premises on which the sign is located and shall also mean and include a sign advertising for sale or lease the property on which the sign is located.
Sign, Pole
A sign mounted on a freestanding pole or other support so that the bottom edge of the sign face is 10 feet or more above grade.
Sign, Political
A temporary sign announces or supports political candidates or issues in connection with any national, state, or local election.
Sign, Portable
A sign not permanently affixed to a building, structure, or the ground.
Sign, Post and Panel
A sign that is freestanding with a durable panel mounted on removable supporting posts that are embedded into the ground without the use of cement, concrete, or other permanent material.
Sign, Projecting
Projecting sign shall include any sign which is attached to a building and extends more than 12 inches beyond the line of the building or more than 12 inches beyond the surface of that portion of the building to which it is attached.
Sign, Reader Board
A sign display surface that may be changed.
Sign, Roof
A sign that is mounted on the roof of a building or which is wholly dependent upon a building for support and which projects above the point of a building with a flat roof, the eaves line of a building with a gambrel roof, gable or hip roof, or the deck line of a building with a mansard roof.
Sign, Special Event Directional
A sign that directs traffic to a special event or a designated parking area for an event that occurs on a different lot than where the sign is located.
Sign, Unsafe
Unsafe sign is any sign determined to be a hazard to the public by the Building Official or authorized representative.
Sign Walker
Any person who wears, holds, or balances a sign for purposes of advertising.
Sign, Wall
Any sign that is directly mounted to the face of a building or wall.
Sign, Wall Banner
A sign that is painted or displayed upon cloth or other flexible material which is affixed to the wall of a building or structure.
Sign, Windblown
Any object used for advertising that is blown by the wind through natural means.
Sign, Window
A sign that is applied or attached to the exterior or interior of a window or located in such manner within a building that it can be seen from the exterior of the structure through a window.
Sign, Yard
A small portable sign typically constructed on canvas, cardboard, cloth, light fabric, paper, pliable plastic, wallboard, or other material that is affixed to a disposable stake or frame that is embedded into the ground and supported.
Site Plan
The development plan for one or more lots on which is shown the existing and proposed conditions of the lot including; topography, vegetation, drainage, floodplains, marshes and waterways; open spaces, walkways, means of ingress and egress, utility services, landscaping, structures and signs, lighting and screening devices; any other information that reasonably may be required in order that an informed decision can be made by the approving authority.
Slope
The degree of deviation of a surface from the horizontal, usually expressed in percent or degrees, or as a ratio. See Figure 10.
Social Service Agency
A facility operated by an organization which provides services such as training, counseling, health, or the distribution of food or clothing. This term includes but is not limited to a facility offering life skills training, substance abuse counseling, or housing services.
Special Event (Large)
Means a special event involving one hundred fifty (150) or more participants or potentially involving one hundred fifty or more participants, including any special event that provides an open invitation to the public to attend or any special event where the attendance by private invitation of one hundred fifty (150) or more people.
Special Event (Small)
A special event involving less than one hundred fifty (150) participants.
Specified Anatomical Areas or Parts
Anatomical areas or parts consisting of:
1. Less than completely or opaquely covered:
a. Human genitals,
b. Pubic region,
c. Buttock, and
d. Female breast below a point immediately above the top of the areola; and
2. Human male genitals in a discernibly turgid state, even if completely and opaquely covered.
Specified Sexual Activities
Activities consisting of:
1. Actual or simulated sexual intercourse, oral copulation, anal intercourse, oral anal copulation, beastiality, direct physical stimulation of unclothed genitalia, flagellation or torture in the context of a sexual relationship, or the use of excretory functions in the context of a sexual relationship, and any of the following depicted sexually oriented acts of conduct: analingus, buggery, coprophagy, coprophilia, cunnilingus, fellation, necrophilia, pederasty, pedophilia, piquerism, zooerasy; or
2. Clearly depicted human genitalia in a state of sexual stimulation, arousal, or tumescence; or
3. Acts involving the use of human or animal masturbation, sodomy, oral copulation, sexual intercourse, ejaculation; or
4. Fondling or touching of human genitalia, pubic region, buttocks, or female breasts; or
5. Machochism, erotic, or sexually-oriented torture, beating or infliction of pain; or
6. Erotic or lewd touching, fondling, or other contact with an animal by a human being; or
7. Human excretion, urination, menstruation, or vaginal, or anal irrigation.
Split-Face Block
Concrete masonry unit with one or more faces having a fractured or roughened surface. Used in masonry wall construction.
Square Footage, Net
The net square footage is determined by subtracting from the total square footage of the parcel that area deemed necessary for street dedication and that area used for private streets and common driveways, if any.
Start of Construction
Includes substantial improvement, and means the date the building permit was issued, provided the actual start of construction, repair, reconstruction, placement, or other improvement was within 180 days of the permit date. The actual start means either the first placement of permanent construction of a structure on a site, such as the pouring of a slab or footings, the installation of piles, the construction of columns, or any work beyond the stage of excavation; or the placement of a manufactured home on a foundation. Permanent construction does not include land preparation such as clearing, grading the fill, nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure.
Storage Containers
A portable, weather-resistant receptacle designed and used for the storage or shipment of household goods, wares, building materials or merchandise.
Story
That portion of a building included between the upper surface of any floor and the upper surface of the floor next above, except that the topmost story shall be that portion of a building included between the upper surface of the topmost floor and the ceiling or roof above. If the finished floor level directly above a usable or unused under-floor space is more than six feet above grade as defined herein for more than 50 percent of the total perimeter or is more than 12 feet above grade as defined herein at any point, such usable or unused under-floor space shall be considered as a story.
Story, First
The lowest story in a building which qualifies as a story, as defined herein, except that a floor level in a building having only one floor level shall be classified as a first story, provided such floor level is not more than 4 feet below grade, as defined herein, for more than 50 percent of the total perimeter, or not more than 8 feet below grade, as defined herein, at any point.
Strap Work
A type of ornamentation imitating pierced and interlaced straps or bands, usually forming a geometric pattern.
Street
Any existing or proposed street, avenue, boulevard, road, lane, parkway, place bridge, viaduct, or easement for public vehicular access, or a street shown in a plat approved pursuant to law, or a street in a plat duly filed and recorded in the Cochise County Recorder's Office. 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 spaces, bridges, and viaducts.
Street, Arterial
A street designated on the Traffic Circulation Plan whose primary function is to carry traffic between and through major traffic generators.
Street, Collector
A street designated on the Traffic Circulation Plan whose primary function is to carry traffic from local streets to arterial streets and whose secondary function is to provide access to abutting properties.
Street, Cul-De-Sac
A street with only one outlet for purposes of ingress and egress and having a turn around at the other end for the reversal of traffic movement.
Street, Frontage
A local street parallel and adjacent to an arterial street that provides access to abutting property, intercepts other local streets and controls access to the arterial street.
Street, Local
A street serving the primary function of providing access to abutting property and intercepting collector streets.
Street, Public Way
The surface of, space above, space below any public street, sidewalk, right-of-way, alley, right-of-way easement, or other public way of any type.
Structure
That which is built or constructed, an edifice or building of any kind, or any piece of work artificially built up or composed of parts joined together in some definite manner including but not limited to buildings, manufactured homes, towers, smokestacks and earth formation.
Stucco
A course plaster applied in a static state to form a hard covering for exterior walls.
Subdivision
Improved or unimproved land or lands divided for the purpose of financing, sale or lease, whether immediate or future,
1. into four or more lots, tracts, or parcels of land, or
2. if a new street is involved, any such property which is divided into two or more lots, tracts, or parcels of land, or
3. any such property the boundaries of which have been fixed by recorded plat which is divided into more than two parts.
Subdivision also includes any condominium, cooperative, community apartment, townhouse, or similar project containing four or more parcels in which an undivided interest in the land is coupled with the right of exclusive occupancy of any unit located thereon, but plats of such projects need not show the buildings nor the manner in which the buildings or air space above the property shown on the plat are to be divided.
Subdivision does not include the following:
1. The sale or exchange of parcels of land or between joint property owners if such sale or exchange does not create additional lots.
2. The partitioning of land in accordance with other statutes regulating the partitioning of land held in common ownership.
3. The leasing of apartments, offices, stores, or similar space within a building or trailer park.
4. Mineral, oil, or gas leases.
Subdivision, Major
Any subdivision not classified as a minor subdivision.
Subdivision, Minor
A subdivision meeting the following criteria shall be considered a minor subdivision:
1. The number of proposed lots is ten or less;
2. All streets forming the boundary of the subdivision are fully improved, except for sidewalks that may be improved as part of the project;
3. All utility services are available at the subdivision site boundary;
4. The property is not located within a 100-year regulatory floodplain area or erosion hazard setback.
Temporary Structure
A structure that does not have any foundation or footings that is removed when the designated time period, activity, or use for which the temporary structure was erected has ceased.
Temporary Use
Any use of property or of a structure which is not designed nor intended to be permanent in nature.
Tenant
Any person who occupies or has a leasehold interest in a rental unit under a lawful rental agreement whether oral or written, expressed or implied.
Tower
A self-supporting lattice, guyed, or monopole structure constructed from grade which telecommunications facilities. The term tower shall not include amateur radio operators’ equipment, as licensed by the FCC.
Tract
An area, parcel, site, or piece of land or property.
Textured Pavement
The application of imprinted or applied roughened or altered materials that serve to emphasize a change of treatment from regular surfacing.
Traffic Generator
A use in a particular geographic area that is likely to attract into the area substantial vehicular or pedestrian traffic.
Tree
Any self-supporting woody plants of species which normally grow to an overall height of at least 15 feet.
Trip
A single or one-way vehicle movement either to or from a subject property or study area.
Trip Ends
The total of trips entering and leaving a specific land use or site over a designated period of time.
Trip Generation
The total number of trip ends produced by a specific land use or activity.
Unattended Donation Containers
Any unattended receptacle or container located outside an enclosed building and designed, intended, or used for collection and temporary storage of donated items and materials.
Use
The purpose or activity for which land or buildings are designed, arranged, or intended, or for which land or buildings are occupied or maintained.
Use, Principal
The main or primary purpose for which land or a structure is designed, arranged or intended or for which it is occupied or maintained.
Use, Temporary
A use established for a fixed period of time with the intent to discontinue such use upon the expiration of the time period.
Utility, Private or Public
1. Any agency which, under public franchise or ownership or under certificate of convenience and necessity, provides the public with electricity, gas, heat, communication, rail transportation, water, sewage collection, or other similar service;
2. A closely regulated private enterprise with an exclusive franchise for providing a public service.
Utility Service (Heavy)
Establishments engaged in the generation, transmission and/or distribution of utilities including electricity, gas or steam, potable water and sanitary sewer systems, and the collection or disposal of solid waste including sanitary landfills. The term heavy utility service shall include related service and supply yards in excess of one-half (½) acre in size.
Utility Service (Light)
Means any of the following uses:
a. Electric substations and distribution centers;
b. Natural gas, oil and petroleum product distribution centers;
c. Radio, television, and microwave facilities;
d. Stand alone sewage pumping stations not accessory to a project or use of land;
f. Stand alone potable water storage and pumping stations not accessory to a project or use of land;
g. Service and supply yards less than one-half (½) acre in size.
Variance
A relief from the requirements of this Code which permits construction in a manner that would otherwise be prohibited by this Code.
Vehicle Repair (Major)
An establishment where the primary use is the major repair, custom rebuilding and reconditioning of vehicles or related vehicle parts including collision service, welding, machine work, vehicle painting and where services not otherwise classified as minor vehicle repair are provided.
Vehicle Repair (Minor)
An establishment where vehicle accessories may be supplied and/or dispensed for retail sale, and where the following vehicle repair services are performed entirely within an enclosed structure:
a. Tire servicing and repair, provided no recapping and regrooving occurs;
b. Replacement of mufflers, tail pipes, water hose, fan belts, brake fluid, light bulbs, fuses, floor mats, seat covers, wipers and blades, wheel bearings, mirrors and similar service;
c. Replacement of batteries, water pumps, fuel pumps and alternators;
d. Radiator cleaning and flushing;
e. Washing, polishing and detailing;
f. Oil change, greasing and lubrication;
g. Minor servicing, repair and rebuilding of carburetors;
h. Adjusting and repairing brakes;
i. Minor motor adjustments not involving removal of the engine, head or crank case;
j. Warranty maintenance, safety inspections, and regular maintenance activities.
Vehicle Rental Establishment
Any establishment where the primary use is the rental of vehicles such as automobiles, motorcycles, trucks, trailers, boats, travel trailers, farm equipment and construction equipment.
Vehicle Sales Establishment
Any establishment where the primary use is the retail sale of vehicles such as automobiles, motorcycles, trucks, trailers, boats, travel trailers, farm equipment and construction equipment. Accessory vehicle repair (major or minor) and vehicle preparation may be provided.
Veneer
A thin surface layer, as of finely grained wood, or a decorative facing such as brick, stone, or metal applied to the base of an inferior material.
Violation
For floodplain management purposes, the failure of a structure or other development to be fully compliant with the community’s floodplain management regulations. A structure or other development without the elevation certificate, other certifications, or other evidence of compliance required in this Code is presumed to be in violation until such time as that documentation is provided.
Warehouse, Storage and Distribution
An establishment used for the storage, distribution, or transfer of goods and materials which is not a mini-warehouse.
Water Surface Elevation
The height, in relation to the National Geodetic Vertical Datum (NGVD) of 1929, (or other data, where specified) of floods of various magnitudes and frequencies in the floodplains of riverine areas.
Watercourse
Any lake, river, stream, creek, wash, arroyo, or other body of water or channel having banks and beds through which waters flow at least periodically and any depression serving to give direction to a current of storm water where the peak flow is 50 cubic feet per second (CFS), or greater, during the regulatory flood, provided that it shall, upon rule or order of the Floodplain Board, also include other generally and specifically designated areas where substantial flood damage may occur.
Wholesale Trade
Wholesale is the bulk sale of goods generally for resale to a person other than the direct consumer.
Yard
A required open space on the same lot with a principal use, unoccupied and unobstructed by any structure or portion of a structure above the general ground level of the graded lot upward, provided however, that fences, walls, poles, posts, other customary yard accessories, ornaments and furniture or other allowed accessory structures or uses may be permitted in any yard subject to height limitations and requirements limiting obstruction of visibility.
Yard, Required Front
The required front yard is the open space extending the full width of the lot between the front lot line and the front setback line. A front yard setback is established parallel to the front lot line. See Figure 11.
Yard, Required Rear
The required rear yard is the open space extending the full width of the lot between the rear lot line and the rear setback line. A rear yard setback is established parallel to the rear lot line. See Figure 12.
Yard, Required Side
The required side yard is an open space extending from the required front yard to the required rear yard between a side setback and a side lot line. See Figure 13.
('76 Code, Art. 12-1) (Ord. 743, passed 4-10-86; Am. Ord. 764, passed 1-8-87; Am. Ord. 778, passed 6-11-87; Am. Ord. 804, passed 3-24-88; Am. Ord. 834, passed 3-9-89; Am. Ord. 835, passed 3-23-89; Am. Ord. 854, passed 1-25-90; Am. Ord. 875, passed 1-10-91; Am. Ord. 882, passed 4-25-91; Am. Ord. 888, passed 10-10-91; Am. Ord. 896, passed 1-23-92; Am. Ord. 934, passed 10-28-93; Am. Ord. 982, passed 5-25-95; Am. Ord. 990, passed 10-26-95; Am. Ord. 1012, passed 7-25-96; Am. Ord. 1049, passed 11-13-97; Am. Ord. 1086, passed 2-11-99; Am. Ord. 1148, passed 9-26-02; Am. Ord. 2003-008, passed 4-24-03; Am. Ord. 2003-021; passed 11-25-03; Am. Ord. 2003-025, passed 1-22-04; Am. Ord. 2004-002, passed 2-26-04; Am. Ord. 2004-014, passed 12-9-04; Am. Ord. 2005-021, passed 11-22-05; Am. Ord. 2006-023, passed 11-9-06; Am. Ord. 2007-001, passed 1-25-07; Am. Ord.2007-002, passed 1-25-07; Am. Ord. 2007-006, passed 4-26-07; Am. Ord. 2007-016, passed 9-27-07; Am. Ord. 2008-004, passed 1-24-08; Am. Ord. 2008-020, passed 12-11- 08; Am. Ord. 2010-019, passed 12-9-10; Am. Ord. 2011-002, passed 3- 10-11; Am. Ord. 2011-009, passed 6-23-11; Am. Ord. 2011-012, passed 8-11-11; Am. Ord. 2015-003, passed 5-28-15; Am. Ord. 2016-002, passed 2-25-16; Am. Ord. 2018-002, passed 2-8-18; Am. Ord. 2018-004, passed 3-22-18; Am. Ord. 2018-007, passed 4-12-18; Am. Ord. 2019-002, passed 4-11-19; Am. Ord. 2019-008, passed 12-12-19; Am. Ord. 2020-003, passed 4-9-20; Am. Ord. 2021-002, passed 2-11-21; Am. Res. 2021-13, passed 2-25-21; Am. Ord. 2021-003, passed 4-8-21; Am. Res. 2021-056, passed 8-12-21; Am. Ord. 2021-008, passed 9-23-21; Am. Ord. 2023-003,
passed 4-6-23; Am. Ord. 2024-001, passed 2-8-24)
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