For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ACCESSORY. A use, building, structure, part of a building, or part of a structure that is subordinate to, and the use of which is customarily incidental to, that of the main building, structure, or use on the same lot and that does not alter the character of the principal use or adversely affect other properties within the district.
ACCESSORY DWELLING UNIT or ADU. A subordinate living unit added to, created within, or detached from a single-family dwelling that provides basic requirements for independent living, sleeping, eating, cooking and sanitation.
ACT, THE. The National Manufactured Home Construction and Safety Standards Act of 1974 and Title VI of the Housing and Community Development Act of 1974 (Pub. Laws 93-383, as amended by Pub. Law No. 95-128, 95-557, 96-153 and 96-339).
AMENDMENT. A change in the wording, context or substance of this ordinance, or an addition or deletion or a change in the zone district boundaries or classifications of the zoning map.
AREA MEDIAN INCOME. A number set by the United States Department of Housing and Urban Development based on a variety of factors and representing wages and earnings in the community. AREA MEDIAN INCOME is relative to family size and community dynamics.
A.R.S. The Arizona Revised Statutes.
AUTOMOBILE REPAIR GARAGE. A structure or part thereof, other than a private garage, where motor vehicles are repaired or painted.
AUTOMOBILE SERVICE STATION. A facility for the servicing of motor vehicles, including tire repairs, battery charging and changing, storage of merchandise and supplies related to the servicing of motor vehicles, pumps and storage tanks for the sale and dispensing of gasoline into motor vehicles, sale of lubricants, automobile washing and grease racks, minor engine repair but excluding body and fender works, engine overhauling or other similar activities.
AUTOMOBILE, TRUCK AND TRAILER SALES LOT. An open area used for the display, sales, and/or rental of new or used automobiles, and trailer coaches, but where no repair, repainting or remodeling is performed.
BED AND BREAKFAST. A dwelling in which three or more sleeping rooms are provided for daily rental, usually including one or more meals, and not serving as a primary residence.
BOARDING HOUSE. A dwelling in which three, four or five sleeping rooms are provided and that serves as the principal residence of the occupants. A common dining room may be provided for the residents.
BUILDING. A permanent structure having a roof supported by columns or walls.
BUILDING, ACCESSORY. A detached building the use of which is customarily accessory and incidental to the main use of the principal building or premises.
BUILDING CODE. The currently adopted Building Code as amended by the city.
BUILDING, FACTORY-BUILT. A residential or non-residential building including a dwelling unit or habitable room thereof which is either wholly or in substantial part manufactured at an off-site location to be assembled on-site, except that it does not include a manufactured home, recreational vehicle or mobile home as defined in this section. (See A.R.S. §§ 40-4001 et seq.)
BUILDING HEIGHT. The vertical distance measured from the finished grade level to the highest level of the building.
BUILDING PERMIT. A permit required for the erection, construction, modification, addition to or moving of any building, structure or use in the incorporated area of the city.
BUILDING, PRINCIPAL. A building that houses the principal use of the lot.
BUILDING SETBACK. The distance required between a property line and the closest point of any building or structure.
CABANA. A structure that is constructed as an independent building adjacent to and not supported by a mobile home for the purpose of additional living or storage space to the permitted use.
CAMPGROUND. A lot developed or used for occupancy by tents and/or recreational vehicles for transient dwelling purposes.
CARPORT. A permanent roofed structure with not more than two enclosed sides used or intended to be used for automobile shelter and storage.
CEMETERY. The land used or intended to be used for the burial of the dead, and dedicated for such purposes, including columbiums, crematoriums, mausoleums and mortuaries when operated in conjunction with and within the boundaries of such premises.
CHURCH. A permanently located building together with its accessory buildings and uses commonly used for religious worship fully enclosed with walls (including windows and doors) and having a structurally solid roof. A CHURCH is not a “public building”.
CLINIC. A building or part thereof in which ambulatory patients are provided diagnostic, therapeutic, or preventative medical, surgical, dental or optical treatment by a group of doctors acting conjointly, but not providing for overnight residence of patients.
CLUB. An association of persons (whether or not incorporated), religious or otherwise, for social purpose, but not including groups that are organized primarily to render a service carried on as a business for profit.
CLUBHOUSE. A structure and related facilities for conducting or continuing the social purposes for which the club was organized.
COMMON PROPERTY. One or more parcels of land, together with the improvements thereon, the maintenance, use and enjoyment of which are shared by the owners and occupants of the development.
CONDITIONAL USE. A use that requires a special degree of control to make such uses consistent and compatible with other existing or permissible uses in the same district.
CONDOMINIUM. An individual ownership of a dwelling unit in a multi-unit structure and/or development, including an undivided interest in the common areas associated therewith. A CONDOMINIUM may include separately owned single-story and/or multi-story dwelling units.
CONDOMINIUM CONVERSION. An existing apartment building, apartment complex, motel or hotel that is converted to condominium ownership; provided that, such building shall have been constructed in accordance with or shall have been upgraded to conform to all applicable Building Code regulations and zoning requirements.
CONGREGATE CARE FACILITY. A long-term residential facility for elderly persons within which are provided living and sleeping rooms, a common dining room, laundry services and room cleaning. Such FACILITIES may also provide other services such as transportation for routine social and medical appointments.
CONTRACTOR’S YARD. An operation where building materials and construction equipment are stocked while waiting to be used for various projects.
COVENANTS, CONDITIONS AND RESTRICTIONS or CC&Rs. A legal declaration recorded for a platted subdivision or other property and imposing certain covenants, conditions and restrictions, as well as easements and/or other requirements, upon said property.
DAY CARE CENTER. A facility in which child care is regularly provided for five or more children under the age of 16, not related to the provider or his or her employees for all or any part of a 24-hour day. The facility must meet all federal and state licensing requirements. This definition shall not include public or private schools operating in accordance with the laws of the state.
DRIVE-IN ESTABLISHMENT. An enterprise, activity or use of land consisting primarily of sales or services rendered to patrons who normally receive the products or utilize the services while in motor vehicles upon the premises, including, but not limited to, gas service stations, drive-in laundry and dry cleaning pick-up stations.
DWELLING. A building or portion thereof designated for or occupied exclusively for residential purposes, including one-family and multiple dwellings, but not including hotels or motels.
(1) MULTIPLE-FAMILY DWELLING. A building, or portion thereof, containing three or more dwelling units.
(2) SINGLE-FAMILY ATTACHED DWELLING. An attached building containing multiple dwelling units; such as townhouses or condominiums.
(3) SINGLE-FAMILY DWELLING. A detached building containing only one dwelling unit.
(4) TWO-FAMILY DWELLING. A detached building containing two dwelling units (duplex).
EASEMENT. The right-to-use that a person or public entity may have on the land of another.
EDIBLE FOOD PRODUCT. A substance, beverage or ingredient used or intended for use or for sale in whole or in part for human consumption.
FLOODPLAIN. Any land area susceptible to being inundated by flood waters from any source.
FLOODPLAIN ADMINISTRATOR. The City Manager or designee.
FLOODPLAIN BOARD. The city’s governing body as regulated by the state’s Department of Water Resources and by the Federal Emergency Management Agency.
FLOODPLAIN REGULATIONS. Codes, ordinances and other regulations relating to the use of land and construction within the channel, floodway and floodplain areas, including zoning ordinance, subdivision regulations, building codes, housing codes, setback requirements, open area regulations and similar methods of control affecting the use and development of the areas.
GENERAL PLAN. The plan developed and adopted by the Planning and Zoning Commission and City Council as a guide for future growth and development within the city.
GRADE. The highest elevation of the finished ground surface adjacent to the exterior walls of a building or base of a structure; except that, in the case of fences or freestanding walls, the GRADE shall be the finished ground surface along the base of the fence or wall and nearest the point of measurement.
GROSS FLOOR AREA. The area contained inside the building or structure as measured along the exterior walls of the building or structure.
GROUP HOME. A long term residential care service functioning as a single housekeeping unit providing meals, supervision, and other support services for six to ten elderly, physically, emotionally, and/or mentally disabled individuals not related to the owner/manager of the group home. Typical uses include adult care homes, homes for the developmentally disabled, group foster homes and homes for the chronically mentally ill. A GROUP HOME does not include nursing homes, shelter facilities or community correctional facilities.
HOSPITAL. A building, or portion thereof or group of buildings, in which sick or injured persons are given medical or surgical treatment, examination or care, including overnight residence, together with related facilities (e.g., laboratories, training facilities, staff residences, outpatient department and similar facilities) that are an integral part of the principal use (e.g., alcoholic sanitariums, institutions for the care of chronic drug addicts and residential treatment facilities for mental patients).
HOTEL. A building other than a boarding house as defined herein, in which there are five or more rooms where lodging with or without meals is provided for compensation, usually on a transient basis.
INDUSTRY, LIGHT. Uses that do not result in extensive open yard area, storage of extensive raw materials, nor otherwise result in noise, odors, dust, lights, vibration, waste products or adversely affect the surrounding properties.
INFUSION or INFUSE. The act or process of mixing, blending, combining or otherwise mixing medical marijuana or the active ingredients of medical marijuana into an edible food product.
INFUSION FOOD ESTABLISHMENT. A food processing or other food establishment of any type or size, not operated by a medical marijuana dispensary and not located at a medical marijuana facility or a medical marijuana cultivation site, but which is or may be permitted by state law to contract with and does provide to a medical marijuana dispensary edible food products infused with medical marijuana.
JUNK YARD. An open area where waste, used or secondhand materials are bought and sold, exchanged, stored, baled, packed, disassembled, processed or handled; including, but not limited to, scrap iron and other metals, paper, rags, rubber tires and bottles.
KENNEL. An establishment housing more than five dogs, cats or other household pets and where grooming, breeding, training, raising, caring for or selling of animals is conducted as a business or pleasure and whether or not for profit.
LAUNDRY, SELF-HELP. A building in which washing machines and/or dryers are provided on a rental basis for use by individuals doing their laundry.
LODGE. An order or society of persons organized for some common non-profit purpose, but not including groups organized primarily to render a service that is customarily carried on as a business.
LOT. A parcel or unit of land with a separate and distinct number or other designation shown on a plat recorded in the office of the County Recorder and held or intended to be held in a separate lease or ownership, and having frontage on at least one street unless otherwise allowed by this chapter.
LOT AREA. The total area of a lot within the lot lines as measured on a horizontal plane.
LOT COVERAGE. The part or percentage of a lot that is occupied by principal and/or accessory buildings.
LOT DEPTH. The horizontal distance between the front and rear lot lines, measured along the median between the side lot lines.
LOT LINE, FRONT. The lot boundary line which abuts a street, or in the case of a corner lot, that boundary line which abuts the narrowest street frontage of a lot and which the front of the building faces or will face.
LOT LINE, INTERIOR. A lot line separating two adjacent lots.
LOT LINE, REAR. The lot line that is opposite and most distant from the front lot line and in the case of an irregular shaped lot, the line within the lot parallel to and at a maximum distance from the front lot line, having a length of not less than ten feet.
LOT LINE, SIDE. A lot boundary line not a front lot line or a rear lot line.
LOT WIDTH. The width of a lot as measured at the minimum required front setback line.
MANUFACTURED HOME. A structure built in accordance with the Act.
MEANINGFUL OPEN SPACE. Space that can be enjoyed by people.
MEDICAL MARIJUANA. All parts of any plant of the genus cannabis whether growing or not, and any seeds of such plant, used to treat or alleviate a debilitating medical condition or the symptoms associated with a debilitating condition of a person who is registered with and identified by the state’s Department of Health Services as a registered qualified patient.
MEDICAL MARIJUANA DISPENSARY. A not-for-profit entity registered with and approved to operate by the state’s Department of Health Services that acquires, possesses, cultivates, manufactures, delivers transfers, transports supplies, sells or dispenses medical marijuana or related supplies and educational materials as that term is defined in A.R.S. § 36-2801.
MEDICAL MARIJUANA FACILITY. The physical location from which a medical marijuana dispensary operates to acquire, possess, supply, sell or dispense in any matter or form medical marijuana or related supplies and educational materials to cardholders, as that term is defined in A.R.S. § 36-2801.
MEDICAL MARIJUANA CULTIVATION SITE. The physical location from which a medical marijuana dispensary operates to grow, cultivate, manufacture, infuse or store medical marijuana, or from which it delivers, transfers, transports or supplies medical marijuana to another medical marijuana facility or cultivation site.
MICROBREWERY. A business licensed under A.R.S. § 4-205.08 to produce more than 5,000 gallons of beer per calendar year of operation and not to exceed 1,240,000 gallons of beer production in a calendar year. It must serve its beers for sampling on the premises, and may also have wholesale and resale privileges for sales of beer produced on the premises subject to limits and conditions stated in said A.R.S. Title 4.
MIXED USE. The development of a single building containing more than one type of land use or a single development of more than one building and use, including, but not limited to, residential, office, retail, recreation, public or entertainment, where the different land use types are in close proximity, are planned as a unified complementary whole, and have shared pedestrian and vehicular access and parking areas that are functionally integrated.
MOBILE HOME or MOBILE HOUSING. A movable or portable dwelling over 40 feet in length or over eight feet wide, constructed to be towed on its own chassis and designed so as to be installed with or without a permanent foundation for human occupancy as a residence and that may include one or more components that can be retracted for towing purposes and subsequently expanded for additional capacity, or two or more units separately towable, but designed to be joined into one integral unit, as well as a portable dwelling composed of a single unit, but not including mobile homes that were constructed prior to 6-15-1976 which are prohibited from being placed within the city limits after the effective date of this chapter.
MOBILE HOME PARK. A lot, parcel, or tract of land having as its principal use the rental of space for occupancy by two or more mobile homes, including any accessory buildings, structures or uses customarily incidental thereto and comprising five or more acres.
MODULAR HOME. A prefabricated or factory built dwelling intended to be assembled at and permanently affixed to a site and used for human occupancy as a residence. (See also BUILDING, FACTORY BUILT.)
MOTEL. A building or group of buildings containing guest rooms or apartments, each of which maintains a separate outside entrance, used primarily for the accommodation of automobile travelers, and providing automobile parking space on the premises.
NET LOT AREA. The area of a lot, not including any area in a public right-of-way.
NON-CONFORMING BUILDING. A building or portion thereof lawfully existing at the time the ordinance codified in this chapter became effective and which was designed, erected or structurally altered for a use that does not conform to the use of the zone in which it is located, or that does not comply with all the height and area regulations of the district in which it is located.
NON-CONFORMING USE. A use of a building or land, existing at the time of the adoption of the ordinance codified in this chapter, which does not conform to the regulations for the zone in which it is located, as set forth in this chapter.
NURSERIES. Commercial operations for the growth and sale of plants.
NURSERY SCHOOL. An institution for the care of children.
NURSING HOME. A structure operated as a lodging house in which nursing, dietary and other personal services are rendered to convalescents, not including persons suffering from contagious diseases, and in which surgery is not performed and primary treatment, such as customarily is given in hospitals and sanitariums, is not provided.
OFFICE. One or more rooms and accessory facilities for managing or conducting a business.
OFF-STREET LOADING FACILITY. A site or portion of a site provided for the temporary parking of a commercial vehicle while loading or unloading merchandise or materials, situated on the same lot with a building and entirely outside the right-of-way of any public street or alley, including loading berth, aisles, access drives and landscaped areas.
OFF-STREET PARKING FACILITY. A site or a portion of a site devoted to the off-street parking of motor vehicles including parking spaces, aisles, access drives and landscaped areas.
OUTDOOR ADVERTISING.
(1) A sign of any type or character whatsoever and of any material whatsoever, placed for outdoor advertising purposes on the ground or on any structure or thing whatsoever; and
(2) The term “placed”, as used herein, shall include erecting, constructing, posting, painting, printing, tacking, nailing, gluing, sticking, carving or otherwise fastening, affixing or making visible in any manner.
PARK. A public or private parcel of land developed and used for passive or active recreation.
PARKING AREA, PUBLIC. An open area other than a street or alley that is used for the temporary parking of more than four automobiles and that is available for public use whether free, for compensation or as an accommodation for clients or customers.
PARKING SPACE. A fully accessible space adequate for the temporary parking of vehicles, situated entirely outside the right-of-way of any public street or alley.
PUBLIC BUILDING. A facility for conducting public business. Includes all federal, state, county and city offices and buildings.
PUBLIC UTILITY. Any person, firm corporation, municipality or municipal board duly authorized under state or municipal regulations, to furnish to the public electricity, gas, steam, communications, water, drainage, flood control, irrigation, garbage, or trash disposal, or sewage disposal.
RECREATIONAL VEHICLE. A vehicular type unit primarily designed as temporary living quarters for recreational, camping or travel use, that either has its own motive power or is mounted on or drawn by another vehicle.
RECREATIONAL VEHICLE PARK. Facilities for the temporary storage, parking and maneuvering of recreational vehicles (motor homes, travel trailer, campers and the like) with roads and sites, including sanitary and water facilities.
RELATED SUPPLIES. Any equipment, product or material of any kind that is primarily intended or designed for the purpose of assisting a person who is registered with and identified by the state’s department of health services as a registered qualifying patient in smoking or otherwise consuming medical marijuana.
REPAIR GARAGE. An establishment where the following services, in addition to the normal activities of a gas service station, may be provided: general repair; engine rebuilding; rebuilding or reconditioning of motor vehicles; collision services such as body, frame or fender straightening and repair; general painting and under-coating of automobiles; highspeed washing; auto, boat or trailer rental; and general sales of auto parts or accessories.
RESTAURANT. An establishment that serves food or beverages.
REST HOME. See NURSING HOME.
RETAIL STORE. A commercial business for selling goods, services, wares or merchandise directly to customers.
RIGHT-OF-WAY. A right of road and/or utility access across or through one property to reach another property.
ROOMING HOUSE. A building with not more than five guest rooms where, for compensation and by prearrangement for definite periods of time, lodging is provided.
RUMMAGE SALE. A residential use in which donated personal property of one or more individuals or organizations is offered for sale by a church, civic, fraternal or other association for charitable or non-profit purposes.
SCHOOL, PUBLIC OR PRIVATE. A building, or a group of buildings, used for purposes of primary or secondary education, meeting all requirements of the compulsory education laws of the state.
SCHOOL, TRADE. A school offering instruction in the technical, commercial or trade skills, such as real estate schools, business colleges, electronic schools, automotive and aircraft technicians schools and similar commercial establishments operated by a non-governmental organization.
SCREEN WALL. A masonry wall so constructed as to obscure the view of enclosed activities or uses from outside the wall.
SETBACK. The minimum horizontal distance between a lot line and the nearest point of a building, structure or use, as the context indicates, located on a lot.
SHELTER CARE. A short-term residential care service that provides temporary lodging, meals and counseling to individuals and groups such as the homeless, pregnant teenagers, victims of domestic violence, neglected children and runaways. Short-term residential care is typically less than 30 days.
SHOPPING CENTER. A cluster or grouping of stores organized in a balanced arrangement for retail trade with adequate provisions for on-site parking.
SIGN. See OUTDOOR ADVERTISING.
STORAGE CONTAINER. Any storage box, portable warehouse or similar moveable roofed enclosure placed on a lot for the purpose of storing equipment or other goods and having a gross coverage exceeding 50 square feet.
STORAGE TRAILER. The trailer portion of any tractor-trailer or any similar towable roofed enclosure placed on a lot for the purpose of storing equipment or other goods and having a gross coverage exceeding 50 square feet.
STREET. A public thoroughfare or right-of-way other than an alley, dedicated, deeded or condemned for use as such, that affords the principal access to abutting property, including those designated as avenue, place, way, drive, lane, boulevard, highway, road or by any other suffix.
STREET LINE. A right-of-way line of a street that abuts a lot line.
STRUCTURE. Any constructed or erected material or combination of materials the use of which requires location on the ground or attachment to something located on the ground, including buildings, stadiums, radio towers, sheds, storage bins, fences and signs.
SWAP MEET. A commercial use in which personal property of two or more individuals is offered for sale to the public.
SWIMMING POOL. A constructed pool, used for swimming, bathing or wading, whether above or below the ground surface and regardless of depth or water surface area.
TOWNHOUSE.
(1) A single-family attached residence in which the owner owns their unit and the ground it sits on.
(2) The community association maintains the building’s exterior and common areas.
TRAILER, TRAVEL. A vehicle without motive power, or other portable structure with wheels built on a chassis, designed as a temporary dwelling for travel recreation and vacation purposes, having a body width not exceeding eight feet and a body length not exceeding 40 feet.
TRAILER, UTILITY. A vehicle without motive power, designed and constructed to travel on the public thoroughfares in accordance with the provisions of the state’s Vehicle Code, and to be used only for carrying property.
TRUCK STOP or TRAVEL CENTER. A business establishment providing goods and services to travelers, especially long-haul truck drivers, including, but not limited to, accessories, fueling, overnight accommodations, parts, repair, restrooms, restaurant, self-help laundry, showers and the like.
USE. The purpose for which a site or structure is arranged, designed, intended, constructed, moved, erected, altered or enlarged or for which either a site or structure is or may be occupied and maintained.
VARIANCE. A modification of the literal provisions of this chapter granted by the Board of Adjustment upon a finding that strict enforcement of this chapter would cause undue hardship owning to circumstances unique to the individual property for which the VARIANCE is granted.
WATERWAY or WATERCOURSE. A defined landform that carries water.
WORKFORCE HOUSING. Housing that is affordable to residents, or potential residents, who earn up to 150% of the area median income for their family size, when they are spending no more than 35% of their gross income on housing.
WRECKING YARD. A junk yard.
YARD. A required space unobstructed from the ground upward and measured as the minimum horizontal distance from a building or structure to the property line.
(1) FRONT. A yard extending across the full width of the lot, the depth of which is the minimum horizontal distance between the front lot line and the front line of the main building.
(2) REAR. A yard extending across the full width of the lot between the main building and the rear lot line; the depth of the REAR YARD shall be the minimum horizontal distance from the nearest part of the rear lot line to the main building.
(3) SIDE. A yard between the main building and the side lot line; the width of the SIDE YARD shall be the minimum horizontal distance from the nearest part of the side lot line to the main building.
YARD SALE/GARAGE SALE. A sale of personal property (commonly household goods), of one family, held on the premises, said sale lasting no longer than 48 hours at a time and held no more frequently than four times in any 12-month period.
ZONE. Any area shown on the zoning map of the city for which there are uniform regulations governing the use of buildings and land and the height and area of buildings.
ZONING MAP. The map entitled “The Zoning Map of the City of Williams, Arizona” and maintained in the office of the City Clerk.
(Prior Code, § 12-3.02) (Ord. 747, passed - -1995; Ord. 833, passed - -2006; Ord. 892, passed - -2008; Ord. 906, passed - -2008; Ord. 916, passed 4-28-2011; Ord. 937, passed 12-12-2013)