§ 154-01.07  Definitions.
   (A)   For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning. Where a land use is presented to the city and it is not defined below, then the presented land use shall be classified to the defined land use to which it is the most reasonably related.
   (B)   If the word or term is not defined in the zoning code, it shall be defined according to the most recent edition of Webster’s New International Dictionary of the English Language, Unabridged.
(Ord. O2009-54, passed 10-21-2009)
      ACCESSIBLE PEDESTRIAN ROUTE.  A pedestrian route designed in compliance with the Arizonians with Disabilities Act Accessibility Guidelines (ADAAG).
      ACCESSORY BUILDING OR STRUCTURE.  An accessory building or structure is one which:
         (a)   Is subordinate and incidental to the principal building or principal use;
         (b)   Is subordinate in building area, intensity of use or purpose to the principal building or principal use;
         (c)   Contributes to the comfort, convenience and necessity of the occupants of the principal building or principal use; and
         (d)   Is located on the same lot with the same zoning as the principal building or principal use.
      ACCESSORY DWELLING. An additional dwelling unit established in conjunction with a single-family dwelling on the same lot. An accessory dwelling is a site-built unit on a permanent foundation featuring a kitchen, sleeping and full bathroom facilities; the accessory dwelling is subordinate in size and intensity in comparison to the principle dwelling unit. An accessory dwelling unit may also be referred to as a guest house, a converted pool house, a carriage house and/or a garage apartment.
(Ord. O2017-013, passed 5-3-2017)
      ACCESSORY USE.  Any use which serves a principal use or building and is subordinate to the principal use or building in terms of either area, extent or purpose.
      ADULT ORIENTED BUSINESS.  This term is synonymous with “sexually oriented business” and means an adult arcade, adult bookstore, adult cabaret, adult motel, adult theater, adult motion picture theater, adult video store, escort agency, nude model studio or sexual encounter center.
         (a)   ADULT ARCADE.  Any place to which the public is permitted or invited wherein coin-operated or slug-operated or electronically, electrically or mechanically controlled still or motion picture machines, projectors or other image-producing devices are regularly maintained to show images to five or fewer persons per machine at any one time, and where the images so displayed are distinguished or characterized by their emphasis upon matters exhibiting “specified sexual activities” or “specified anatomical areas”.
         (b)   ADULT BOOKSTORE, ADULT NOVELTY STORE or ADULT VIDEO STORE.  A commercial establishment which has as a significant or substantial portion of its stock-in-trade, or derives a significant or substantial portion of its revenues or devotes a significant or substantial portion of its interior business or advertising, or maintains a substantial section of its sales or display space for sale or rental for any form of consideration any one or more of the following:
            1.   Books, magazines, periodicals or other printed matter or photographs, films, computer simulations, holograms, motion pictures, video reproductions, compact discs, slides or other visual representations which are characterized by their emphasis upon the exhibition or display of “specified sexual activities” or “specified anatomical areas”; or
            2.   Instruments, devices or paraphernalia which are designed for use or marketed primarily for stimulation of human genital organs or for sadomasochistic use or abuse of the user or others.
         (c)   ADULT CABARET.  A nightclub, bar, restaurant or similar commercial establishment which regularly features:
            1.   Persons who appear semi-nude;
            2.   Live performances which are characterized by the exposure of  “specified anatomical areas” or by “specified sexual activities”; or
            3.   Films, motion pictures, computer simulations, holograms, video cassettes, slides or other photographic reproductions, which are characterized by the exhibition or display of “specified sexual activities” or “specified anatomical areas”.
         (d)   ADULT MOTEL.  A hotel, motel or similar commercial establishment which:
            1.   Offers accommodations to the public for any form of consideration; provides patrons with closed-circuit television transmissions, films, computer simulations, holograms, motion pictures, video cassettes, slides or other photographic reproductions which are characterized by the exhibition or display of “specified sexual activities” or “specified anatomical areas”; and has a sign visible from the public right-of-way which advertises the availability of this adult type of photographic reproductions;
            2.   Offers a sleeping room for rent for a period of time that is less than ten hours; or
            3.   Allows a tenant or occupant of a sleeping room to subrent the room for a period of time that is less than ten hours.
         (e)   ADULT MOTION PICTURE THEATER.  A commercial establishment where, for any form of consideration, films, holograms, computer simulations, motion pictures, video cassettes, slides or similar photographic reproductions are regularly shown which are characterized by the depiction or description of “specified sexual activities” or “specified anatomical areas”.
         (f)   ADULT THEATER.  A theater, concert hall, auditorium or similar commercial establishment which regularly features persons who appear nude or semi-nude, or in live performances which are characterized by the exposure of “specified anatomical areas” or by “specified sexual activities”.
         (g)   ADULT VIDEO STORE.  See ADULT BOOKSTORE, ADULT NOVELTY STORE or ADULT STORE.
         (h)   ESCORT.  A person who, for consideration, and for another person, agrees or offers to act as a companion, guide, date or to privately model lingerie or to privately perform a striptease.
         (i)   ESCORT AGENCY.  A person or business association who furnishes, offers to furnish or advertises to furnish escorts as one of its primary business purposes for a fee, tip or other consideration.
         (j)   NUDE, NUDITY or A STATE OF NUDITY.  The showing of the human male or female genitals, pubic area, vulva, anus or anal cleft with less than a fully opaque covering, the showing of the female breast with less than a fully opaque covering of any part of the nipple or the showing of the covered male genitals in a discernibly turgid state.
         (k)   NUDE MODEL STUDIO.  Any place where a person who appears in a state of nudity or displays “specified anatomical areas”; a commercial establishment which regularly features a person (or persons) who appears semi-nude and is provided to be observed, sketched, drawn, painted, sculptured, photographed or similarly depicted by other persons who pay money or any form of consideration. A NUDE MODEL STUDIO does not mean a modeling class or the facility for such class, operated:
            1.   By a proprietary school licensed by the State Of Arizona; a college, junior college or university supported entirely or partly by taxation; or
            2.   By a private college or university which maintains and operates educational programs in which credits are transferable to a college, junior college or university supported entirely or partly by taxation.
         (l)   SEMI-NUDE or in A SEMI-NUDE CONDITION.  The showing of the female breast below a horizontal line across the top of the areola at its highest point or the showing of the male or female buttocks. This definition shall include the entire lower portion of the human breast, but shall not include any portion of the cleavage of the human female breast, exhibited by a dress, blouse, skirt, leotard, bathing suit or other wearing apparel, provided the areola is not exposed in whole or in part.
         (m)   SEXUAL ENCOUNTER CENTER.  A business or commercial enterprise that, as one of its principal business purposes, offers for any form of consideration, a place where two or more persons may congregate, associate or consort for the purpose of “specified sexual activities”. The definition of SEXUAL ENCOUNTER CENTER or any sexually oriented businesses shall not include an establishment where a medical practitioner, psychologist, psychiatrist or similar professional person licensed by the state engages in medically approved and recognized sexual therapy.
         (n)   SPECIFIED ANATOMICAL AREAS.  Human genitals in a state of sexual arousal.
            1.   The human male genitals in a discernibly turgid state, even if completely and opaquely covered; or
            2.   Less than completely and opaquely covered human genitals, pubic region, buttocks or a female breast below a point immediately above the top of the areola.
         (o)   SPECIFIED SEXUAL ACTIVITIES.  Any of the following:
            1.   The fondling of another person’s genitals, pubic region, anus or female breasts;
            2.   Sex acts, normal or perverted, actual or simulated, including intercourse, oral copulation, masturbation or sodomy; or
            3.   Excretory functions as part of, or in connection with, any of the activities set forth in divisions 1. through 2. above.
      AIRPORT.  For the purpose of the Airport Overlay District (AD), the following definitions shall apply unless the context clearly indicates or requires a different meaning.
         (a)   ACCIDENT POTENTIAL ZONE ONE (APZ-1).  The area within a 3,000 foot wide by 5,000 foot long rectangle that starts at the end of each clear zone. It is centered and measured on the extended runway centerline, terminating 8,000 feet from the end of each main military runway(s).
         (b)   ACCIDENT POTENTIAL ZONE TWO (APZ-2).  The area within a 3,000 foot wide by 7,000 foot long rectangle that starts at the end of each Accident Potential Zone One. It is centered and measured on the extended runway centerline, terminating 15,000 feet from the end of each main military runway(s).
         (c)   AIRPORT INDUSTRIAL OVERLAY DISTRICT 1 (AIOD-1).  Area of intermediate intensity use; directly under some regular flight paths but not under straight-in approaches and departures to Runway 8-26. It consists of that property located within an area bounded by the north right-of-way line of 32nd Street on the north, the west right-of-way line of Avenue 3 E on the west, the east right-of-way line of Avenue 4 E on the east, and that area which is more than one-eighth of a mile (nominal) north of the extended centerline of Runway 8-26 following existing property lines. Additionally, this overlay district shall apply to property located within an area bounded by the future alignment of 36th Street (the east-west mid-section line) on the south, the west right-of-way line of Avenue 3 E on the west, the east right-of-way line of Avenue 4 E on the east and a northern boundary that is one-eighth of a mile (nominal) south of the extended centerline of Runway 8-26 following existing property lines.
         (d)   AIRPORT INDUSTRIAL OVERLAY DISTRICT 2 (AIOD-2).  Most intensive use/least restrictive area, AIOD; areas which are not directly under either the regular straight-in approaches and departures to Runway 8-26 or other regular flight paths but whose proximity to flight paths demonstrates a need for enhanced public safety measures. It consists of that property located within an area bounded by the future alignment of 36th Street (east-west mid-section line) on the south, the west right-of-way line of 4th Avenue on the west, the west airport property line on the east, and that area which is more than one-eighth of a mile (nominal) south of the extended centerline of Runway 8-26 following existing property lines.
         (e)   AIRPORT NOISE AND ACCIDENT POTENTIAL MAP.  A map prepared by the Department of Development Services for the city in the vicinity of the Marine Corps Air Station and Yuma International Airport, dated March, 1979, as amended, from the data contained in Report No. 651-78 and map dated November, 1978, Noise Contour Study, Marine Corps Air Station and Yuma International Airport for the City and County of Yuma, prepared by J.J. Van Houten and Associates (Noise Contour Lines); and from data contained in Federal Aviation Regulations (FAR) Part 152, Airport Aides Program, 1974; and Part 77, Objects Affecting Navigable Space, 1971, for Runways 17-35 and 8-26 (FAA clear zones); and from data contained in Facilities Planning Factor Criteria for Navy and Marine Corps Shore Installations, NAVFAC P-80, Volume 1, (military clear zones) and Department of Navy, Aircraft Accident Potential Zone Guidelines, May, 1976 (APZ-1 and APZ-2), for Runways 3Left/21Right and 3Right/21Left. The provisions of this map hereby create and establish specific airport noise and accident potential zones and are hereby incorporated by this reference and are hereby a part of the official zoning ordinance of the city and a part of the official zoning map of the city for the purpose of establishing various land uses and design criteria within the Airport District.
            1.   65—70 dB NOISE ZONE.  The area between the 65 Ldn noise contour lines developed by the application of the day-night average sound level methodology of sound measurement (Ldn).
            2.   70—75 dB NOISE ZONE.  The area between the 70 Ldn and 75 Ldn noise contour lines developed by the application of the day-night average sound level methodology of sound measurement (Ldn), but, not within any accident potential zone (APZ) or clear zone as defined herein.
            3.   GREATER THAN 75 dB NOISE ZONE. The area within the 75 Ldn and greater noise contour line developed by the application of the day-night average sound level methodology of sound measurement (Ldn), but not within any accident potential zone (APZ) or clear zone as defined herein.
         (f)   AIRPORT RUNWAY APPROACH CLEARANCE MAP.  A map prepared by the Department of Development Services for the city in the vicinity of the Marine Corps Air Station and Yuma International Airport, dated March, 1979, as amended, from the data contained in Federal Aviation Regulations (FAR), Part 77, Objects Affecting Navigable Space, 1971, for Runways 17-35 and 8-26, and from data contained in Naval Facilities (NAVFAC), P-80, Runway Safety Clearances, 1975, for Runways 3Left/21Right and 3Right/21Left. The provisions of this map hereby create and establish specific airport approach clearance zones consisting of the area on or underlying the  primary,  approach, transitional, horizontal and conical surfaces and are hereby incorporated by this reference and are hereby a part of the official zoning ordinance of the city and a part of the official zoning map of the city for the purpose of limiting the height of buildings and structures into the navigable airspace above and surrounding the Marine Corps Air Station and Yuma International Airport.
         (g)   CLEAR ZONE.
            1.   MILITARY CLEAR ZONE.  The area within a 3,000 foot long by 3,000 foot wide square measured along the extended runway(s) centerline beginning at the end of all main military runways and measured at right angles to the extended runway centerline.
            2.   CIVILIAN CLEAR ZONE.  An area on either side of an extension of the centerline of a runway beginning at a line 200 feet from the end of the runway and 500 feet in width and flaring outward to a width of 650 feet for a utility runway (Runway 35), 700 feet for a greater-than-utility runway (Runways 8 and 26) and 800 feet for a utility runway with a nonprecision instrument approach (Runway 17) at a point 1,200 feet from the end of the runway. These clear zones are from data contained in Federal Aviation Regulations (FAR), Part 77, Objects Affecting Navigable Space, 1971.
         (h)   DAY-NIGHT SOUND LEVEL (LDN).  The time-weighted day/night energy average of a noise level for a 24-hour time period. Weighting factors are included which place a penalty on noise events occurring at night between 10:00 p.m. and 7:00 a.m. and for those which occur on weekends. It has as its base the A-weighted sound level which is designed to approximate the response of the human ear to sound.
         (i)   DECIBEL (dB).  The physical unit commonly used to describe noise levels as a measure of sound pressure levels.
         (j)   HIGH NOISE OR ACCIDENT POTENTIAL ZONE.  The area within the noise contours established by the most recent air installation compatible use zone report, including Accident Potential Zone One and Two, plus the land starting 200 feet from the end points of the main military runways and at a width of 3,000 feet and symmetrical about a centerline between the runways extending outward to a point of 30,000 feet from the point of beginning. The outer width is 17,500 feet.
         (k)   HIGH NOISE LEVELS.  Sound levels which equal or exceed that within the 65 Ldn noise contour line developed by the application of the day-night average sound level methodology of sound measurement (Ldn).
         (l)   Ldn.  The day-night sound level.
         (m)   RUNWAY.  An artificially surfaced strip of ground that is designed and used at an airport for the landing and takeoff of aircraft.
         (n)   RUNWAY APPROACH DEPARTURE SAFETY AREA - (RADSA).  Least intensive use/most restrictive area; directly under regular, straight-in approaches and departures to Runway 8-26 and/or directly under other regular flight paths.
            1.   EAST AREA.  All property located in the area bounded by the west right-of-way line of Avenue 3 E on the west, east-west lines one-eighth of a mile (nominal) north and south of the extended centerline of Runway 8-26 following existing property lines and the east right-of-way line of Avenue 4 E on the east.
            2.   WEST AREA.  All property located within one-eighth of a mile (nominal) north and south of the extended centerline of Runway 8-26 following existing property lines between the west property line of the airport and the west right-of-way line of 4th Avenue.
         (o)   TERRITORY IN THE VICINITY OF A MILITARY AIRPORT.  The area five miles to the north, south and west and ten miles to the east of the center of the main runway of a military airport.
('80 Code, App. A, § 122)    (Ord. 583, passed 9-16-1952; Ord. 1837, passed 6-20-1979; Ord. 2352, passed 3-18-1987; Ord. O2001-03, passed 1-3-2001; Ord. O2002-30, passed 8-7-2002)
      ALLEYS.  Any right-of-way dedicated to set aside for vehicular traffic, entering or going through a city block. After the enactment of this chapter no alley shall be less than 16 feet in width.
      ALTERATION.  Any aesthetic, architectural, mechanical or structural change to the exterior surface of any part of an existing building, structure or object.
('80 Code, App. A, § 114)  (Ord. 583, passed 9-16-1952; Ord. 2125, passed 5-4-1983)
      AMBIENT SOUND LEVEL.  The composite noise from all sources near and far. In this context, the ambient noise level constitutes a normal or existing level of environmental noise at a given location and time.
      ANTENNA.  Any device on a tower, building or structure that radiates or captures electromagnetic waves for the purpose of communicating information.
         (a)   PANEL ANTENNA.  A relatively flat rectangular device that transmits or receives communications signals in directional pattern of less than 360 degrees. See Article 19.
         (b)   PARABOLIC ANTENNA.  A dish shaped device that transmits or receives communications signals in a specific directional pattern. See Article 19.
         (c)   WHIP ANTENNA.  A long thin device that transmits or receives communications signals in a 360 degree radial pattern and is minimally viewable. See Article 19.
      APPURTENANCES.  Any architectural feature not used for human occupancy, consisting of spires, belfries, cupolas or dormers, silos, parapet walls and cornices without windows and mechanical and electronic equipment usually carried above the roof level and having no more than 25% total roof coverage, including, without limitation, chimneys, ventilators, skylights, antennas, microwave dishes and solar systems.
      AUTOMOTIVE REPAIR.  All aspects of the repair of motor vehicles including, but not limited to, lubrication, tune-up and preventive maintenance.
      AVERAGE SOUND LEVEL.  A sound level typical of the sound levels at a certain place during a given period of time, averaged by the general rule of combination for sound levels, said general rule being set forth in American National Standard Specifications for Sound Level Meters S1.4-1971. AVERAGE SOUND LEVEL is also called equivalent sound level (Leq).
      BASE STATION/EQUIPMENT CABINET.  The location of all mechanical and electronic devices, relay boxes, switch units, junctions or other devices used in the transmission of information on any personal wireless communication system.
      BED AND BREAKFAST. A dwelling unit or guest house in which four or fewer guest rooms are rented on a nightly basis, where at least one meal is offered in connection with the provision of sleeping accommodations, and a resident host lives on the site. Any dwelling in which more than four guest rooms are provided shall be deemed a hotel.
(Ord. O99-92, passed 1-5-2000)
      BUILDING.  Any covered structure averaging more than six feet in building height which is intended for the shelter, housing or enclosure of persons, animals, chattels or property of any kind.
      BUILDING HEIGHT.  The vertical distance between the mean sea level of the side yards immediately contiguous to the side of the building or structure and the mean level of its roof, except in the absence of a side yard, the vertical measurement shall be made from the mean original level of that portion of the lot built upon, provided that the measurement shall be made from not more than three feet below or six feet above the mean curb level, or in absence of curb level, the mean front street level.
      CAFÉ. A small, informal establishment offering a limited variety of food, beverage, and snack items, which may allow outdoor seating.
(Ord. O2018-033, passed 8-1-2018)
      CHILD DAY CARE SERVICES, SMALL.  Establishments primarily engaged in the care of five or fewer infants or children under 18 years of age, or in providing prekindergarten education, where medical care or delinquency correction is not a major element. These facilities shall not include any persons whose occupancy would constitute a direct threat to the health or safety of other individuals or would result in substantial physical damage to the property of others (SIC 8351).
(Ord. O2008-33, passed 8-6-2008)
      CHILD DAY CARE SERVICES, LARGE.  Establishments primarily engaged in the care of six or more infants or children under 18 years of age, or in providing prekindergarten education, where medical care or delinquency correction is not a major element. These facilities shall not include any persons whose occupancy would constitute a direct threat to the health or safety of other individuals or would result in substantial physical damage to the property of others. Establishments of this type located within any residential districts shall not be located within 1,320 feet of a child day care services (large), a nursing care facility, large or small or a residential care facility, large or small that are also located within any residential district (SIC 8351).
(Ord. O2008-33, passed 8-6-2008)
      CLINIC. An institution in which a group of physicians and surgeons, with their allied professional assistants, offer therapeutic, diagnostic or preventive medical or dental care to ambulatory patients.
      CO-LOCATION.  The attaching of any additional antenna to an existing antenna structure.
      COMMUNITY GARDEN.  The use of land for the cultivation and harvesting of food crops and/or non-food ornamental crops, such as flowers, for personal use, consumption, or donation.
(Ord. O2015-021, passed 4-15-2015)
      COMPANY HOUSING. Seasonal or temporary housing made available to an employee by commercial entities, industries or labor contractors.
         (a)   COMPANY HOUSING UNIT (SMALL). Housing provided to an employee and their households by a commercial entity, labor contractor or employer; no more than two occupants shall be permitted in each bedroom, with a maximum of six occupants per unit. A company housing unit (small) allows for a maximum of 12 occupants per complex.
         (b)   COMPANY HOUSING UNIT (LARGE). Housing provided to employees by a commercial entity, labor contractor or employer. Occupancy for a large complex shall be determined by the Property Maintenance Code.
         (c)   COMPLEX. A group of similar buildings or facilities on the same or adjacent sites.
         (d)   EXISTING CONVERSION. A company housing complex that was legally established prior to the adoption of this ordinance.
         (e)   FIRE CODE as adopted and amended by the City of Yuma. A code that addresses fire and life safety for the public and provides property protections in new and existing buildings.
         (f)   GREEN SPACE. An area of grass, trees, or other vegetation set apart for recreational or aesthetic purposes.
         (g)   HOUSING OCCUPANCY REGULATIONS. Rules of conduct for occupants of company housing enforced by the property owner, lessee of the property, on-site manager, and/or other applicable party.
         (h)   LEGALLY ESTABLISHED. A use that had been reviewed and approved in accordance with the International Property Maintenance Code (IPMC), prior to the adoption of this ordinance.
         (i)   NEW CONSTRUCTION. A development constructed after the adoption of this ordinance.
         (j)   NEW CONVERSION. A development, such as an apartment complex or motel that was constructed on or prior to the adoption of this ordinance, which is being converted for the use of company housing.
         (k)   NFPA 101 LIFE SAFETY CODE, as amended. A code developed by the National Fire Protection Agency that addresses life safety for building occupants.
         (l)   PROPERTY MAINTENANCE CODE, as amended: The International Property Maintenance Code (IPMC) adopted by the city and enforced through the Building Safety Division of the Department of Community Development.
         (m)   RECREATION FACILITY, INDOOR. A facility within a building designed and equipped for the conduct of sports and other leisure time activities. Indoor recreation facilities may include fitness centers, swimming pools, billiard tables, a media lounge or similar types of indoor recreation.
         (n)   RECREATION FACILITY, OUTDOOR. A facility wholly or partially open to the weather designed and equipped for the conduct of sports and other leisure time activities. Outdoor recreation facilities include tennis courts, swimming pools, basketball courts, ball fields or similar types of outdoor recreation.
         (o)   TRANSITORY PERSON. A visitor or person who rents or uses a lodging or dwelling unit, or portion thereof, for less than 210 days and whose permanent address for legal purposes is not the lodging or dwelling unit occupied by the visitor.
(Ord. O2019-022, passed 6-5-2019)
      COMPOSTING, AGRICULTURAL COMPOSTING SITE. The use of five or more contiguous acres of farmland for agricultural composting as defined by A.R.S. § 9-462.01(G)(1). "Agricultural composting" means the controlled biological decomposition of organic solid waste under in-vessel anaerobic or aerobic conditions where all or part of the materials are generated on the farmland or will be used on the farmland associated with the agricultural composting operation.
(Ord. O2019-001, passed 1-16-2019)
      COMPOSTING, BACKYARD COMPOSTING SITE. An area that supports no greater than five cubic yards of composting of food scraps, garden wastes and yard wastes from the onsite residential use and intended to be used on site.
(Ord. O2019-001, passed 1-16-2019)
      COMPOSTING, LARGE COMPOSTING SITE. An area of three or more contiguous acres that supports no greater than 120 cubic yards of composting of food scraps, garden wastes, yard wastes and other compostable materials from the onsite residential or agricultural use and intended to be used onsite.
(Ord. O2019-001, passed 1-16-2019)
      CONCENTRATION.  A group of sites, buildings, structures or objects, in proximity, which contribute to a pattern or sense of time and place, with relatively few intrusions (structures which detract from an areas sense of time and place).
('80 Code, App. A, § 114)  (Ord. 583, passed 9-16-1952; Ord. 2125, passed 5-4-1983)
      CONCEALED/DISGUISED.  Any personal wireless communications device that is hidden within an architectural feature or made to appear to be a natural plant or feature.
      CONDOMINIUM.  A development consisting of real estate, portions of which are designated for separate ownership and the remainder of which is designated for common ownership solely by the owners of the separate portions. Real estate is not a CONDOMINIUM unless the undivided interests in the common elements are vested in the unit owners.
(Ord. O2009-55, passed 9-16-2009)
      CONTINUITY.  The state or quality of being in order, forming a continuous or connected whole.
('80 Code, App. A, § 114)  (Ord. 583, passed 9-16-1952; Ord. 2125, passed 5-4-1983)
      CONVENIENCE MARKET.  A commercial establishment having 5,000 square feet or less of gross ground floor area devoted to selling a variety of goods comprised primarily of food and beverages, generally purchased in small quantities. Accessory and other uses within the same building or on the same lot shall not be used to determine gross ground floor area for the CONVENIENCE MARKET.
      CORNER MARKET. A small retail or service-based establishment, which is not required to be located on a street corner, primarily servicing those residents within the neighborhood.
(Ord. O2018-033, passed 8-1-2018)
      CPTED (CRIME PREVENTION THROUGH ENVIRONMENTAL DESIGN).  Site development which provides for:
         (a)   Building forms; environments where provisions are designed to allow a belief that occupants are not vulnerable or isolated;
         (b)   Compatible building placement; environments where provisions are designed to provide placement of compatible building types together to enhance the safety of occupants;
         (c)   Lighting; environments where provisions are designed for natural, night and security lighting and the avoidance of unlighted areas;
         (d)   Natural surveillance; environments where provisions are designed to allow adequate public and police surveillance by such items as window placement, elimination of “blind” spots, and appropriate landscaping and positioning of entrance doors to maintain sight lines; and
         (e)   Territoriality; environments where provisions are designed to allow a “marking” of place to provide a boundary or perceived access control, including appropriate landscaping, fencing and screening.
      CREMATORY.  A service involving the cremation and reduction of the deceased by combustion and evaporation.
(Ord. O2013-02, passed 1-16-2013)
      COLUMBARIUM.  A structure lined with compartments for urns holding cremated remains.
(Ord. O2013-02, passed 1-16-2013)
      DECIBEL.  Decibel shall mean a unit for measuring the amplitude of sound, equal to 20 times the logarithm to the base 10 of the ratio of the pressure of the sound measured to the reference pressure, which is 20 micropascals.
      DEVELOPMENT PLAN.  A plan submitted to and approved by the city pursuant to this chapter prior to December 31, 2000. Such plan shall describe with reasonable certainty the density and intensity of use for a specific parcel or parcels of property. Such plan may include a planned community development plan, planned area development plan, planned unit development plan, development plan approved pursuant to a development agreement, site plan, subdivision plat or any other land use approval designation adopted pursuant to this chapter.
      DIRECT-TO-HOME SATELLITE SERVICES.  The residential reception of video programming signals from direct broadcast satellite, multi-channel multipoint distribution (wireless cable and wireless internet) providers and television broadcast stations.
      DISTURBING, EXCESSIVE OR OFFENSIVE NOISE.
         (a)   Any sound or noise which constitutes a nuisance involving discomfort to persons residing in an area located within a residential district; and/or
         (b)   Any sound or noise exceeding criteria standards, or levels as set forth in this chapter.
      DRIVE-THROUGH FACILITY.  An establishment which by design, physical facilities, service or by packaging encourages or permits customers to receive services, obtain goods or be entertained while remaining in their motor vehicles.
      DWELLING.  A structure or portion thereof which is used exclusively for human habitation.
      DWELLING, SINGLE-FAMILY.  A detached building arranged, intended or designed to be occupied by not more than one family.
      DWELLING, TWO-FAMILY or DUPLEX.  A detached building under one roof, arranged, intended or designed to be occupied by not more than two families, each apartment extending from basement to roof of the structure with a separate entrance to each dwelling, though there may be but one front door and vestibule or hall.
      DWELLING, MULTI-FAMILY.  A building arranged, intended or designed to be occupied by three or more families, or by three or more individuals or groups of individuals, living in separate apartments, including apartment houses and apartment hotels.
      DWELLING UNIT.  One or more rooms within a building used for residential purposes for one family and containing independent sanitary and cooking facilities. The presence of cooking facilities conclusively establishes the intent to use for residential purposes.
      ENTRY FEATURE.  A distinctive object or element located at or near the point at which entrance is made.
      EXCEPTION.  A change in a development standard or dimension granted by the Planning and Zoning Commission in conjunction with the granting of a conditional use permit.
      EXTERIOR TRADE AND STORAGE.  Goods being stored or services being conducted other than within an enclosed building.
      FAMILY.
         (a)   An individual or two or more persons related by blood, marriage or adoption, living together within a single dwelling unit; or
         (b)   A group of not more than five persons, who need not be related, living together within a single dwelling unit.
      FARMERS MARKET.  A place of commercial activity that consists of the following elements:
         (a)   Open to the public for the purchase of fresh grown products, in an open-air setting, or in an enclosed building or structure;
         (b)   Composed of three or more booths, stalls, stands or spaces allotted to vendors, none of whom occupy the same booth, stall, stand or spaces on an uninterrupted continuous daily basis;
         (c)   Primary merchandise for sale is dispensed from individual booths and consists of fresh fruits and vegetables, food products, and flowers;
         (d)   As an auxiliary use, the market may allow the sale of secondary items such as arts and crafts (not including second hand goods), and jewelry; however, the booths for such vendors shall not comprise more than 20% of the total farmers market in number of booths or square footage.
      FOOD TRUCK.   A food vending unit operated by either a mobile food vendor or a transient food vendor. In any zoning district that a FOOD TRUCK is listed as an accessory use, it is recognized as accessory to any permitted principal use in that zoning district.
(Ord. O2014-20, passed 8-27-2014)
      FOOD VENDING UNIT. Any motorized or non-motorized vehicle, trailer, kiosk, pushcart, or stand, not permanently attached to the ground from which only food is peddled, vended, sold, served, displayed, offered for sale or given away. Each motorized or non-motorized vehicle, trailer, kiosk, pushcart, or stand is considered a separate FOOD VENDING UNIT .
(Ord. O2014-20, passed 8-27-2014)
      FOOTCANDLE.  The basic measure used to indicate illuminance (level of illumination). One FOOTCANDLE is equal to one unit light flux (one lumen) distributed evenly over a one-square-foot area.
      FORM-BASED CODE (FBC).  Comparing it to contemporary zoning district formats, a FORM-BASED CODE (FBC) can be described as follows:  Combined with the requirements of the Smart Growth Overlay (SGO) District, an FBC is a stand-alone document integrated into the SGO land use ordinance addressing the district’s allowed uses, development and design standards. Unlike standard zoning districts, SGO FBCs are site specific, concentrate more on building form than building use, and contain a regulating plan for reference. Regulating plans are equivalent to a Master Plan. FBCs are more flexible, more comprehensive and detailed, making them more equivalent to a zoning code rather than a zoning district. FBCs consolidate additional sections or standards into the district ordinance dealing with topics such as parking, landscaping, architecture and infrastructure. FBCs use an abundance of illustrations and tables to clearly and concisely convey the requirements of the code. At a minimum, FORM-BASED CODES consist of the following sections:  Regulating Plan; Public Space Standards; Building Form Standards; Administration; and Glossary.
      4H AND FFA ANIMAL PROJECT.  A project in which an elementary school age through college age young person participates in and is an active member of 4-H or FFA, has an appropriately tagged or tattooed animal for an educational purpose during a specific period of time each year. Key components to an animal project include the proper feeding, nutrition, housing and grooming of the animals, as well as exhibiting the project animals at the annual county fair. 4-H and FFA members and animal projects must live within eligible boundaries to exhibit at the county fair.
(Ord. O2009-29, passed 10-7-2009)
      FULLY SHIELDED.  That fixtures are shielded in such a manner that light rays emitted by the fixture either directly from the lamp or indirectly from the fixture, are projected below a horizontal plane running through the lowest point on the fixture where light is emitted.
      GARAGE, PRIVATE.  A building devoted partially or wholly to the storage of a motor vehicle or motor vehicles in connection with which no public service is rendered and no business conducted.
      GARAGE, PUBLIC.  Any other than a private garage or a public storage garage.
      GROCERY STORE.  A retail establishment primarily selling food as well as other convenience and household goods. Also known as a SUPERMARKET.
      GUY WIRE TOWER.  Any tower that uses guy wire to stabilize a tower structure.
      HEIGHT.  When referring to a freestanding monopole or lattice tower, the vertical distance measured from the lowest grade level adjacent to the structure to the highest point of the structure directly above the grade. For roof-mounted antennas, the height of the antenna is measured from the roof surface to the highest point of the structure directly above the roof surface. Total height of the roof-mounted antenna is the antenna height plus the building height.
      HILLSIDE.  Any land that has a slope greater than 10%.
      HOME HEALTH CARE SERVICES.  Establishments primarily engaged in providing skilled or medical care in the home, under supervision of a physician. These establishments do not include sales, renting or leasing of health care products (SIC 808).
      HOME OCCUPATION.  An occupation or profession which is customarily carried on in a dwelling unit or in an attached or detached enclosed building and is clearly incidental and subordinate to the use of the dwelling unit for residential purposes. All HOME OCCUPATIONS must comply with § 154-15.08.
      HOSPITAL.  Establishments primarily engaged in providing diagnostic services, extensive medical treatment including surgical services, and other hospital services, as well as continuous nursing services. These establishments have an organized medical staff, inpatient beds and equipment and facilities to provide complete health care. As defined, the term HOSPITAL shall not include convalescent homes with extended care facilities (SIC 806).
      HOSPITAL, ANIMAL OR ANIMAL BOARDING PLACE.  A building, lot or plot of ground in or on which sick, injured or well animals are housed or confined, except that this definition shall not apply to rooms in hotels, private dwellings or rooming houses not intended to be regularly occupied by sick, injured or well animals.
      HOTEL.  A facility offering transient lodging accommodations to the general public and providing additional services such as restaurants, meeting rooms and recreational facilities. Access to all lodging rooms is provided via the main lobby.
      INDIVIDUAL AND FAMILY SOCIAL SERVICES.  Establishments primarily engaged in providing one or more of a wide variety of individual and family social, counseling welfare or referral services, including refugee, disaster and temporary relief services. These facilities shall not include any persons whose occupancy would constitute a direct threat to the health or safety of other individuals or would result in substantial physical damage to the property of others (SIC 8322).
      LANDSCAPE AREA.  Those areas which shall include trees, shrubs and ground cover but exclude vehicular and pedestrian areas as identified in an approved landscaping plan. According to Article 20, the minimum areas within which landscaping shall be installed include the streetscape zone, screening between districts, medians, off-street parking lots, retention/detention basins, and other areas not used for structures, paving, lighting, signage, and other similar improvements.
         (a)   ASSURANCE OF INSTALLATION.  A contract secured by a bond, cash or surety in an amount satisfactory to guarantee the completion of approved landscaping plans.
         (b)   GROUND COVER; INERT.  Materials which are not living materials. They include:  ground cover, nonvegetative (inorganic). Materials such as gravel, decomposed granite, crushed rock, river rock, boulders or other similar materials. Asphalt, gunite and concrete shall not be permitted as INERT GROUND COVER. Examples of acceptable INERT GROUND COVER include gravel, crushed granite, tile, brick, flagstone and river rock.  Aggregate ranging in size from a minimum of "¼-inch minus" up to boulder size rocks, used  to cover the entire ground surface of a lot or parcel.
            1.   INERT GROUND COVER, COLORED GRAVEL.  Gravel of various colors, generally consisting of a palette of more colorful tans, browns, reds, rusts, golds and blond-colored gravel.
            2.   INERT GROUND COVER, YUMA GREY GRAVEL.  Gravel generally referred to as Yuma grey, that has some variation in color but is basically shades of grey.
            3.   INERT GROUND COVER, RIP RAP.  Rocks that are a minimum of three inches in diameter to eight inches in diameter.
            4.   INERT GROUND COVER, BOULDER.  A large rock usually rounded by weathering or abrasion, with an average dimension of 12 inches or more and is too heavy to be lifted readily by hand.
(Ord. O2014-06, passed 2-19-2014)
         (c)   GROUND COVER; VEGETATIVE.  Living plant materials characterized by horizontal as well as vertical growth and which generally do not exceed 18 inches in height. VEGETATIVE GROUND COVER shall include living plant material which are of one gallon size, material planted from flats or turf from seed or sod.
         (d)   IRRIGATION SYSTEM.  The method by which water is distributed to the plant materials in the landscape area in order to sustain growth. Underground irrigation systems, controlled by automatic valves shall be provided for all required landscape areas. Any landscape area to be maintained by the city shall have planting and irrigation plans approved by the Parks and Recreation Department and Public Works Department prior to installation.
         (e)   LANDSCAPE PLAN.  A scaled drawing showing, at a minimum, the plant type(s) and location, size and area (location and square footage), plant counts for each type of plant, the means and location of irrigation and the maintenance schedule. These plans shall provide adequate detail so as to clearly show compliance with the minimum standards of Article 20. Landscape and irrigation plans shall be prepared by a qualified professional landscape architect, landscape designer or landscape contractor. Tree and shrub (vine) staking details shall be shown.
         (f)   MAINTENANCE.  The routine work to support viable, healthy and attractive landscaping including the following. Failure to perform the below noted work shall constitute a violation of the zoning code and will be subject to penalties as prescribed in this chapter.
            1.   Regular irrigation;
            2.   Pruning;
            3.   Fertilizing;
            4.   Clearing of debris and weeds;
            5.   Removal and replacement of dead plants; and
            6.   The repair and replacement of irrigation systems and architectural features within landscaped areas.
         (g)   MAINTENANCE SCHEDULE.  A written statement identifying the frequency of irrigation, fertilization, trimming or pruning if appropriate, and replacement program for annuals or other short-lived plants.
         (h)   PARKWAY.  The area located between the edge of pavement or back of the curb and the property line within the public street right-of-way. The adjacent property owner is responsible for maintenance of the parkway for the full width of the property, except any portion(s) of the parkway maintained by another entity.
         (i)   PUBLIC UTILITY.  Shall include city water, sewer, and traffic facilities, Arizona Public Service (APS), cablevision companies, telecommunication companies, Southwest Gas, the Arizona Department of Transportation (ADOT), other publicly regulated utilities, railroads and irrigation districts.
         (j)   RETENTION BASIN.  An area designed for the collection and storage of stormwater. This definition shall be used in conjunction with Article 20 only.
         (k)   SHRUB.  A plant, including deciduous, succulent, and cacti varieties, which has several stems that rise from the ground level reaching a minimum mature growth height of 18 inches.
         (l)   TREE.  A woody plant which has a single or multiple trunk(s) at ground level but generally produces branches at some height above the ground.
            1.   ACCENT TREE. Small, ornamental trees that typically grow to a mature height of 15 to 20 feet, including some palm trees and saguaro cacti.
            2.   SHADE TREE. Trees that grow to an average mature height of 30 feet or more, an average spread of 30 feet or more, and typically have a dense canopy that provides shade. The branching structure can be more spreading, vase-shaped, or layered than street trees.
            3.   STREET TREE. Trees that grow to an average mature height of 30 feet or more, generally have a high branching pattern, and upright or rounded crown form. Street trees are planted near the sidewalk or street to provide shade to pedestrians and visual enclosure to the street.
         (m)   TREE BELT. The area between the curb and the sidewalk or trail, typically within the public street right-of way. Where there is no curb, the edge of pavement shall delineate the tree belt.
         (n)   VISIBILITY TRIANGLE (CITY).  For lots adjoining city rights-of-way, a triangular area formed by two intersecting curblines and a line intersecting them at a point 33 feet from the intersection of those curblines. The VISIBILITY TRIANGLE shall also conform to the requirements of A Policy on Geometric Design of Highways and Streets 1990 and its successors which is published by the American Association of State Highway and Transportation Officials (AASHTO).
(Ord. O2009-04, passed 1-21-2009)
         (o)   VISIBILITY TRIANGLE (ADOT).  The visibility triangle as defined by the Arizona Department of Transportation (ADOT) which is required on all state routes within the city. For lots adjoining State of Arizona rights-of-way, a rectangular area formed to allow a clear line of sight in either direction for at least 400 feet from the front of a vehicle located ten feet behind the edge of the highway to be entered.
         (p)   XERISCAPE.  Water-saving landscape practices that take into account soil and drainage factors, microclimates, grouping of plants with similar water requirements, efficient irrigation systems, native vegetation, paving permeability, and low-water-using and drought tolerant vegetation.
('80 Code, App. A, § 181)  (Ord. 583, passed 9-16-1952; Ord. 2584, passed 9-16-1992; Ord. O96-77, passed 8-7-1996; Ord. O2017-024, passed 8-2-2017)
      LATTICE TOWER.  Any tower that uses three or more poles to form the base and lattice bracing to connect the poles and increase structural support.
      LINE, REAR.  A dividing line between two lots or between a lot and an alley or easement, provided it runs parallel to the shorter dimension of said lot. Any bounding line of a lot, which is not herein defined as a rear line or street line shall be deemed a side line.
      LINE, SIDE.  A dividing line between two lots, or a lot and a street, provided it runs parallel to the longer dimensions of said lot.
      LINE, STREET.  The dividing line between the street and the lot.
      LINKAGE.  The association or correlation of two or more sites, buildings, structures or objects because of location, setting and similarity of time, place and/or other characteristics.
('80 Code, App. A, § 114)  (Ord. 583, passed 9-16-1952; Ord. 2125, passed 5-4-1983)
      LIVE/WORK BUILDING.
         (a)   A structure in which a combination of permitted principal uses, including residential uses, is permitted provided that the building units are:
            1.   Separated by having separate entrances and are clearly independent of each other: or
            2.   Are live/work spaces with limited combinations of principal permitted uses and provide a minimum of residential facilities as defined under live/work space.
         (b)   A LIVE/WORK BUILDING may have a combination of separated units and live/work spaces.
         (c)   LIVE/WORK BUILDINGS are subject to the residential density limits of the zoning district in which it is located.
      LIVE/WORK SPACE.  A unit within a building that is jointly used for commercial and residential purposes where the residential use of the space is clearly secondary or accessory to the primary use as a place of work. As a minimum, a LIVE/WORK SPACE will need to provide residential facilities equivalent to those provided in what is variously described as an efficiency unit or a studio apartment.
      LOT.  A lot shall be considered as being a parcel of land surveyed or apportioned for sale or other purposes, as shown by the plat of the subdivision of which it is a part filed in the office of the County Recorder, or any tract of land the use of which is controlled or managed by any person or group of persons under a unified and specific plan. No parcel of land in a residence district shall be considered as being a LOT having an area less than 6,000 square feet.
      LOT, CORNER.  A lot which occupies the angle at the intersection of two streets.
      LOT COVERAGE.  The area of a lot covered by the footprint of all structures, including any area under roof and on the ground, expressed as a percentage of the total lot area. Driveways, walkways, swimming pools and other similar structures as determined by the Zoning Administrator shall not be considered when calculating LOT COVERAGE.
(Ord. O2009-60, passed 10-21-2009)
      LOT, DEPTH.  The depth of a lot is the mean distance between its front street line and its rear line.
      LOT OF RECORD.  A lot which is part of a subdivision, the plat of which has been recorded in the office of the County Recorder; or a lot, parcel or tract of land, the deed of which has been recorded in the office of the County Recorder.
      LOT, THROUGH.  A lot having frontage on two parallel or approximately parallel streets. A THROUGH LOT having a depth of 200 feet or more shall provide front yard setbacks on both parallel frontages.
      LOT, WIDTH.  The width of a lot is its mean width measurement at right angles to its depth.
      MAINTAINED FOOTCANDLE.  Predicted footcandles, at a given location, calculated through application of a light loss factor.
      MANUFACTURED HOME PARK.  Any parcel of land used or offered for use in whole or in part, with or without charge for parking manufactured homes for dwelling or sleeping purposes.
      MANUFACTURED HOME SPACE.  A parcel of land for rent which has been designed to accommodate a manufactured home and provides the required sewer and utility connections.
      MANUFACTURED HOME SUBDIVISION.  A subdivision designed and intended for residential use where residence is in manufactured homes exclusively, and lots are individually owned.
      MANUFACTURED HOUSING.  Any dwelling unit or units, to which is affixed a United States Department of Housing and Urban Development seal, which are fabricated either in whole or in large sections at a factory, are designed and constructed on a chassis for transportation to the site, do not require substantial assembly on site other than connection to utilities, and are installed with or without a permanent foundation for residential occupancy exclusively. For the purposes of this chapter, this category shall include manufactured homes and factory-built buildings which are constructed on a chassis for transportation to a building site, and designed to be installed with or without a permanent foundation for residential occupancy. A MANUFACTURED HOME means a factory assembled portable structure containing more than 400 square feet, and which exceeds eight feet in width and/or 40 feet in length, and designed to be used as a dwelling unit, made to be readily moveable on its own chassis and running gear. This category shall not include modular housing or any dwelling unit or units which require substantial assembly on site, nor shall this category include recreational vehicles as defined by this chapter.
      MEDICAL AND DENTAL LABORATORIES.  Establishments primarily engaged in providing professional analytic or diagnostic services to the medical profession, to the patient on prescription of a physician, or in making dental appliances to order for the dental profession, excluding establishments primarily engaged in manufacturing artificial teeth, except to order (SIC 807).
      MEMBERSHIP-BASED LODGING.  Dwelling unit or units operated by membership organizations for the benefit of their constituents, and not open to the general public. Included are fraternity and sorority residential houses (SIC 7041).
      MINOR VARIANCE.  In any district, a variance not exceeding a 20% reduction of a minimum, or increase of a maximum, zoning code required standard or dimension.
      MISCELLANEOUS HEALTH AND ALLIED SERVICES.  Establishments primarily engaged in various out-patient treatments and other medical services not elsewhere classified. Included are kidney dialysis centers, specialty outpatient facilities and blood banks (SIC 809).
      MOBILE FOOD VENDOR.
         (a)   Any person who sells, serves, offers for sale, or gives away only food from a food vending unit which is parked or located on one lot of record throughout the day with customers traveling to the food vendor. This term does not include a person who operates as a transient food vendor.
         (b)   MOBILE FOOD VENDORS can be a primary use, an accessory use, or an interim use in a zoning district, as noted in each district.
            1.   If a primary use mobile food vendor, the owner must comply with all site improvement standards as required by code for new construction on a vacant site (including setbacks, lot coverage, paved parking, lighting, landscaping, storm drainage, etc.) and must provide permanent restroom facilities, permanent seating area, and a way to secure the site. Primary use mobile food vendors are exempt from the following regulation: § 154-15.13(B)(1)(b).
            2.   If an accessory use mobile food vendor, the owner must comply with regulations as outlined in § 154-15.13.
            3.   If an interim use mobile food vendor, the owner must comply with regulations as outlined in § 154-15.13. An interim use mobile food vendor shall be allowed for a period not to exceed one year and may be exempt from the following regulation: § 154-15.13(B)(1)(b).
            4.   If an interim use mobile food vendor is on a site longer than one year, the rules and requirements for the mobile food vendor as a primary use apply and shall be met in order to be a legal use on the site.
            5.   If an interim use mobile food vendor is on a site and the vacant building on-site becomes occupied (primary use), the mobile food vendor is then considered an accessory use on the site and all provisions of § 154-15.13 apply.
(Ord. O2014-20, passed 8-27-2014)
      MOBILE HOME.  See MANUFACTURED HOUSING.
      MOBILE VENDING SITE. The lot of record where the food vending unit is located.
(Ord. O2014-20, passed 8-27-2014)
      MODULAR HOUSING.  Any dwelling unit or units which are fabricated either in whole or in sections at a factory wherein such sections, or modules, are not constructed on a chassis. For the purposes of this chapter, this category shall not include manufactured housing as defined herein, but shall be considered equivalent to any dwelling or dwellings which require substantial assembly on-site.
      MONOPOLE.  A self-supporting singular pole structure that supports one or more antenna for communication purposes without the use of any guy wire or lattice bracing.
      MORTUARY FUNERAL PARLOR or UNDERTAKING ESTABLISHMENT.  A building or portion thereof which is designated, arranged or let to be used or which is used for purposes connected with funerals.
      MOTEL.  A facility providing transient lodging accommodations to the general public. At least 25% of all rooms shall have direct access to the outside without the necessity of passing through the main lobby of the building.
      MOTOR FUEL DISPENSER.  An above-ground housing which uses a remote submersible pump or other similar device, which is used for dispensing motor fuels. For the purpose of calculating the parking spaces required for motor fuel sales, the factor shall be the maximum number of vehicles which can be serviced by a dispenser at one time.
      MOTOR FUEL PUMP.  A self-contained siphon or other similar device which moves the fuel from the storage tank to the dispenser.
      MOTOR FUEL SALES (RETAIL).  A commercial establishment which engages in retail sales of small quantities of lubrication oils, gasoline or other motor vehicle for internal combustion engines from storage tanks above or below the ground.
      MOTOR FUEL SALES (WHOLESALE).  A commercial establishment which engages in wholesale motor fuel sales and which does not engage in motor fuel sales to the general public.
      NATURAL SURVEILLANCE.  The ability to clearly observe exterior spaces through thoughtful site design.
      NET LOT AREA.  The total lot area minus that area dedicated for public right-of-way.
      NIT. In lighting, the nit is a unit of visible-light intensity, commonly used to specify the brightness of a cathode ray tube or liquid crystal display computer display. One nit is equivalent to one candela per square meter.
(Ord. O2016-028, passed 10-5-2016)
      NOISE LEVEL.  Sound level and the terms may be used interchangeably herein.
      NOISE LEVEL REDUCTION (NLR).  The difference in decibels of the noise level from outside to inside of a building. Such reduction depends primarily upon the construction and materials in the walls, ceilings, windows, doors and vents. The design and construction criteria to achieve various noise level reductions are contained within the City of Yuma Uniform Building Code and successors.
      NURSING AND PERSONAL CARE FACILITIES, LARGE.  Establishments primarily engaged in providing inpatient nursing and health-related personal care to 11 or more residents, such as convalescent homes with health care and rest homes with health care. These facilities shall not include any persons whose occupancy would constitute a direct threat to the health or safety of other individuals or would result in substantial physical damage to the property of others. Establishments of this type located within any residential districts shall not be located within 1,320 feet of a child day care services (large), a nursing care facility, large or small or a residential care facility, large or small that are also located within any residential district (SIC 805).
      NURSING AND PERSONAL CARE FACILITIES, SMALL.  Establishments primarily engaged in providing inpatient nursing and health-related personal care to ten or fewer residents, such as convalescent homes with health care and rest homes with health care. These facilities shall not include any persons whose occupancy would constitute a direct threat to the health or safety of other individuals or would result in substantial physical damage to the property of others. Establishments of this type located within any residential districts shall not be located within 1,320 feet of a child day care services (large), a nursing care facility, large or small, or a residential care facility, large or small that are also located within any residential district (SIC 805).
      OFFICES AND CLINICS, MEDICAL.  Establishments of licensed practitioners primarily engaged in furnishing medical, surgical and other health services to persons. These facilities are limited to outpatient services, and exclude nursing and personal care facilities, hospitals, medical and dental laboratories and home health care services (SIC 8011, 8021, 8031 and 804).
      OFF-STREET PARKING SPACE.  An area usable for the parking of a motor vehicle located entirely on private property consisting of a rectangle measuring no less than ten feet by 20 feet, exclusive of those additional areas required for safe ingress and egress to said space, whether enclosed or open to the sky, with a vertical clearance of at least seven feet, and provided with permanent access as designated by these regulations.
      ORDINARY MAINTENANCE AND REPAIR.  Regular customary or usual care, reconstruction or renewal of any part of an existing building, structure or object, for the purpose of preserving said property and maintaining it in safe and sanitary condition.
('80 Code, App. A, § 114)  (Ord. 583, passed 9-16-1952; Ord. 2125, passed 5-4-1983)
      OUTDOOR LIGHT FIXTURE.  Outdoor artificial illuminating devices, lamps and other devices, permanent or portable, used for illumination or advertisement. Such devices shall include, but are not limited to, search, spot or flood lights for buildings and structures, recreational areas, parking lot lighting, landscape lighting, billboards and other signage and street lighting.
      PARK MODEL.  Any factory assembled portable unit, to which is affixed on Arizona recreational vehicle seal, mounted on a chassis and wheels, not more than 12 feet in width and no greater than 400 square feet nor less than 320 square feet in total area, and permanently connected to utilities that are necessary for the operation of the installed park model with no holding tank.
      PARKING LOT.  Any off-street parking facility designed to accommodate five or more required parking spaces as specified in this chapter. PARKING LOTS shall conform to the design standards contained herein as well as other applicable city standards.
(Ord. O2017-016, passed 5-17-2017)
      PARTIALLY SHIELDED.  That fixtures are shielded in such a manner that the bottom edge of the shield is below the plane of the centerline of the lamp reducing light above the horizontal.
      PATTERN BOOK.  Comparing it to contemporary zoning district formats, a PATTERN BOOK can be described as follows:  Combined with the requirements of the Smart Growth Overlay (SGO) District, a PATTERN BOOK is a stand-alone document integrated into the SGO land use ordinance addressing the district’s allowed uses, development and design standards. Unlike standard zoning districts, SGO PATTERN BOOKS are site specific and normally contain a Master Plan for reference. PATTERN BOOKS are more flexible, more comprehensive and detailed, making them more equivalent to a zoning code rather than a zoning district. PATTERN BOOKS consolidate additional sections or standards into the district ordinance dealing with topics such as parking, landscaping, architecture and infrastructure. PATTERN BOOKS use an abundance of illustrations, photographs and tables to clearly and concisely convey the requirements of the code. At a minimum, PATTERN BOOKS consist of the following required sections:  Introduction; Community Patterns; and Architectural Patterns.
      PERGOLA or SEMI-COVERED STRUCTURE.  An accessory structure consisting of parallel colonnades supporting an open roof of girders and cross rafters over which climbing plants may be trained. Also known as an arbor, trellis or ramada.
      PERSON.  An individual, proprietorship, partnership, corporation, association or other legal entity.
      PERSONAL WIRELESS COMMUNICATIONS FACILITY.  A facility for the provision of personal wireless services as defined by the Federal Telecommunications Act of 1996. PERSONAL WIRELESS COMMUNICATIONS FACILITIES are composed of two or more of the following components:
         (a)   Antenna;
         (b)   Mount of the antenna (tower, wall, roof or other structure);
         (c)   Equipment cabinet/base station; and
         (d)   A wall or security barrier.
      PERSONAL WIRELESS SERVICES.  Per the Federal Telecommunications Act of 1996, commercial mobile services, unlicensed wireless services (excluding direct-to-home satellite service reception) and common carrier wireless exchange access services. PERSONAL WIRELESS SERVICES encompasses many services and includes, but is not limited to: PCS, cellular radio mobile services, paging systems, microwave systems, two-way radio services, common carrier wireless exchange access services (also known as local wireless loop telephone that provides an alternative to traditional wireline local exchange providers) and other communications systems defined by the FCC as a personal wireless service.
      PLANNED UNIT DEVELOPMENT.  A development having a common area owned by a homeowner’s association, or in common by the owners of the separate interests who possess appurtenant rights to the beneficial use and enjoyment of the common area.
(Ord. O2009-55, passed 9-16-2009)
      PORCH, OPEN.  A porch, deck or balcony, with or without a roof, which projects beyond the main wall of a building, but if roofed it shall be so constructed that the view sideways through the porch shall not be obstructed except by columns essential only for the support of the roof.
      PREMISES.  Any property or properties developed as a unit, including all building(s), off-street parking, points of access, common area and any other appurtenances, all of which allows the parcel to function as a whole.
      PRE-SCHOOL.  A facility engaged in educational work with four or more pre-school children not related to the proprietor. Children enrolled are not necessarily in need of supplemental parental care.
      PRINCIPAL OR PRIMARY STRUCTURE OR BUILDING.  A structure or building where the principal or primary use of the lot is conducted. In all residential zoning districts, the PRINCIPAL OR PRIMARY STRUCTURE OR BUILDING shall be a dwelling unit.
      PRINCIPAL OR PRIMARY USE.  The major or predominant use of any lot.
      PROTECTED DEVELOPMENT RIGHT.  A right granted to undertake and complete the development and use of property under the terms and conditions of a protected development right plan without compliance with changes in zoning regulations and development standards adopted during the period of the protected development right plan, except as provided in A.R.S. § 9-1204. In the event of a conflict between the City Code and A.R.S. §§ 9-1201 through 9-1205, as amended, the statutory provisions shall govern.
      PROTECTED DEVELOPMENT RIGHT PLAN.  A city-approved development plan or subdivision plat, identified as a PROTECTED DEVELOPMENT PLAN at the time of the landowner’s submission or a master plan development which the City Council has identified as a phased development for purposes of protected development rights.
      PUBLIC STREET.  The land dedicated, accepted or condemned for use as a highway for the benefit of the public at large or established as such highway by the right of prescription of common user. However, any right-of-way as may be created after the enactment of this chapter shall not be considered to be a PUBLIC STREET unless it is 60 feet or more in width, except where streets are entirely local, when the width of 50 feet may be declared to be PUBLIC STREET if approved by the City Zoning Commission.
      RECREATIONAL VEHICLE.  A vehicular type unit 40 feet or less in length and eight feet or less in width, primarily designed as temporary living quarters for recreational, camping or travel use, which either has its own motive power or is mounted on or drawn by another vehicle.
      RECREATIONAL VEHICLE PARK.  Any parcel of land used or offered for use in whole or in part, with or without charge, for parking of travel trailers, pick-up campers, motor homes or similar devices used for temporary portable housing for a relatively short-term occupancy.
      RECREATIONAL VEHICLE SPACE.  A parcel of land for rent which has been designed to accommodate a recreational vehicle.
      RESIDENT HOST. A person(s) that manages the bed and breakfast activity and that lives on the premises. A RESIDENT HOST does not have to be the property owner.
(Ord. O99-92, passed 1-5-2000)
      RESIDENTIAL CARE FACILITY, LARGE.  Establishments primarily engaged in the provision of residential social and personal care for 11 or more persons with some limits on ability for self-care, such as children, the elderly, but where medical care is not a major element. Included are establishments providing 24-hour year-round care for children. These facilities shall not include any persons whose occupancy would constitute a direct threat to the health or safety of other individuals or would result in substantial physical damage to the property of others. Establishments of this type located within any residential districts shall not be located within 1,320 feet of a child day care services, large, a nursing care facility, large or small or a residential care facility, large or small, that are also located within any residential district (SIC 8361).
      RESIDENTIAL CARE FACILITY, SMALL.  Establishments primarily engaged in the provision of residential social and personal care for ten or fewer persons with some limits on ability for self-care, such as children, the elderly, but where medical care is not a major element. Included are establishments providing 24-hour year-round care for children. These facilities shall not include any persons whose occupancy would constitute a direct threat to the health or safety of other individuals or would result in substantial physical damage to the property of others. Establishments of this type located within any residential districts shall not be located within 1,320 feet of a child day care services (large), a nursing care facility, large or small, or a residential care facility, large or small that are also located within any residential district (SIC 8361).
      RESIDENTIAL DISTRICT.  The Suburban Ranch District, Residential Estate District, Low Density Residential (R-1), Medium Density Residential and High Density Residential (R-3), Manufactured Housing District and Residence-Manufactured Housing District of this chapter of their successors.
      RESIDENTIAL USE.  Any structure intended for permanent residency. This includes, but is not limited to, such residential structures as single-family homes, apartment complexes, boarding houses, bed and breakfasts, rental properties, nursing homes, group homes, residential care facilities and similar uses and accessory structures, but does not include hotels, motels or other temporary (a stay of less than 90 days) commercial lodging located in commercial or mixed use zoning districts.
      RETAIL TRADE.  Of, or relating to, the sale of commodities or goods in small quantities to the ultimate consumers.
      ROOF-MOUNTED.  Anything affixed to or located on the roof structure of an existing building.
      ROOMING AND BOARDING HOUSES (LARGE). An owner occupied establishment primarily engaged in renting rooms, with or without board, on a fee basis. No more than two individuals shall be permitted in each designated bedroom with a maximum of six individuals per establishment.
(Ord. O2017-026, passed 8-16-2017)
      ROOMING AND BOARDING HOUSES (SMALL). An owner occupied establishment primarily engaged in renting rooms, with or without board, on a fee basis. No more than one individual shall be permitted in each designated bedroom with a maximum of two individuals per establishment.
(Ord. O2017-026, passed 8-16-2017)
      SCHOOL.  A place for instruction in the arts and sciences, but excluding institutions whose primary purpose is the teaching of dancing, physical culture, music (unless as a home occupation) trades or industries, riding academies or the combination of any two or more of these.
      SEASONAL ITINERANT VENDOR.  A vendor of specific products associated with certain civic, patriotic and/or religious holidays/events.  The following are recognized:
         (a)   Halloween: Sales allowed between October 15 and November 5 inclusive.  Products authorized: Pumpkins and related Halloween accessories.
         (b)   Christmas: Sales allowed between November 25 and December 25 inclusive.  Products authorized: Christmas trees.
         (c)   Silver Spur Rodeo: Sales allowed for seven days prior to the start of the Silver Spur Rodeo and on each day of the rodeo.  Products authorized: Rodeo attire and memorabilia.
         (d)   Independence Day and New Years Eve: Sales allowed for 14 days prior to each holiday.  Products authorized: Permissible consumer fireworks as defined by Arizona state statute.
(Ord. O2013-28, passed 5-15-2013)
      SETBACK BUILDING LINE.  A line established by ordinance or official regulation as specified distance from any lot line.
      SIGN.  Any identification, description, illustration, symbol or device, which is affixed directly or indirectly upon a building, vehicle, structure or land and which identifies or directs attention to a product, place, activity, person, institution or business.
         (a)   ABANDONED SIGNAGE.  Any sign, visible from a position on or off the property upon which erected, which attracts the attention of the public to something which existed at the time of its installation on the property, and which has subsequently ceased to exist on the property.
(Ord. O2010-09, passed 2-3-2010)
         (b)   ANIMATED SIGNS.  Any sign which displays or employs action or movement, whether driven by mechanical means or wind actuated; signs which only rotate shall not be included in this category.
         (c)   BALLOONS/INFLATABLE DEVICES.  One or more balloons or inflatable devices used as a permanent or temporary sign or as a means of directing attention to: any business or profession; a commodity or service sold, offered or manufactured; or to any entertainment.
(Ord.O2007-52, passed 10-3-2007)
         (d)   BANNER.  Any sign consisting of paper, fabric, canvass, rubber, plastic or the like, with no other material for rigid structural support.
         (e)   BILLBOARD, DIGITAL. Any permanent off-site sign, utilizing digital message technology that directs attention to a business, community service or entertainment not exclusively related to the premises where such sign is located.
(Ord. O2016-028, passed 10-5-2016)
         (f)   BUILDING FACADE.  An exterior elevation of a building, extending from the average grade level of the adjoining ground within five feet of the building wall to the top line of the roof or parapet wall, and also extending the entire width of the building elevation.
         (g)   BUSINESS PURPOSES.  Pertaining to economic dealings or mercantile activity, which are engaged in as a means of livelihood.
         (h)   CANOPY.  An architectural projection beyond the external wall of a building forming part of the building facade.
         (i)   COMMERCIAL MESSAGE.  A message displayed or caused to be displayed before the public for business purposes involving or pertaining to the manufacture or sale of products, property, accommodations, services, attractions or activities, which:
            1.   Refers to the offer for sale or existence for sale of products, property, accommodations, services, attractions or activities; or
            2.   Attracts attention to a business or to products, property, accommodations, services, attractions or activities, that are offered or exist for sale or for hire.
         (j)   COPY.  The words, letters, symbols, illustrations or other graphic characters used to convey the message of a sign.
         (k)   DEGREE OF NONCONFORMING.  The extent to which any sign or sign structure does not conform to the standards and requirements of this chapter, such as the height, sign face area, setback, vertical clearance, number of signs or manner of keeping.
         (l)   EMBELLISHMENTS. Letters, figures or mechanical devices that serve as add-ons to the billboard. These add-ons may extend beyond the standard advertising structure, all to produce special effects.
(Ord. O2016-028, passed 10-5-2016)
         (m)   FLAG. A device generally made of flexible material, usually cloth, paper or plastic, used as a symbol of a government, school, or religion, and not containing a commercial message. Flags shall not be considered a sign.
(Ord. O2017-014, passed 5-3-2017)
         (n)   FLASHING SIGN.  Any sign which contains a source of light, internal or external, that intermittently cuts on and off, or which creates the illusion of flashing or intermittent light through animation or other means.
         (o)   FREESTANDING SIGN.  Any sign permanently anchored to the ground which stands alone on its own foundation and structural supports and free of support from any building. Any signage mounted on the roof of any building shall not be considered as a FREESTANDING SIGN.
(Ord. O2010-09, passed 2-3-2010)
         (p)   HEIGHT OF BUILDING.  For the purpose of regulating sign locations, when a building facade has various elevations the height of the predominant elevation shall be the BUILDING HEIGHT. Where a predominant elevation cannot be determined, the lowest height shall govern. In all situations, a sign shall not extend outside the silhouette of the wall/roof to which it is attached.
         (q)   INDEXING SIGN.  Any sign designed with multi-sided sign faces which is operated by some mechanical device, thereby causing the faces to alternately turn and stop.
         (r)   MAXIMUM HEIGHT.  The vertical distance measured from the uppermost point of the sign face or sign structure, whichever is higher, to the street grade of the nearest driving lane.
         (s)   MONUMENT SIGN.  A permanent freestanding sign mounted on a base or other support, and where the entire bottom of the sign is affixed to the ground. Such sign shall provide a solid and continuous background for the sign face from ground level to the highest point of the sign. MONUMENT SIGNS are detached from a building, and the bottom edge of the sign face must be in continuous contact with the structural base and must be a minimum of 12 inches above the ground. The height of any monument base or other structure erected to support or ornament the sign shall be measured as part of the sign height. The sign shall be clad to the ground with a base not less than 75% of the total sign width. The height of the structure erected to support or ornament the sign shall be measured as part of the sign height. See illustration in § 154-17.03(G).
(Ord. O2009-54, passed 10-21-2009)
         (t)   NONCOMMERCIAL MESSAGE.  A message that is not a commercial message.
         (u)   OFF-SITE SIGN.  Any sign that may display a message, whether commercial or noncommercial, that does not necessarily relate to the premises upon which such sign is located.
         (v)   ON-SITE SIGN.  Any sign which pertains to the business operated, activity conducted or products sold or manufactured, on the premises upon which such sign is located, or which displays a noncommercial message installed or caused to be installed only by the property owner and/or lessee of the property upon which the sign is located.
         (w)   PARAPET.  A wall extending above the plateline of the building.
         (x)   PEDESTAL SIGN.  A freestanding, ground mounted sign, detached from a building, and the support structure is a base constructed of a permanent material. The support structure of a PEDESTAL SIGN and sign face shall be designed as one architecturally unified and proportional element. The sign shall be clad to the ground with a base not less than 65% of the total sign width. The height of the structure erected to support or ornament the sign shall be measured as part of the sign height. See illustration in § 154-17.03.
         (y)   PERMANENT SIGN.  Any sign set in the ground with its own foundation, or which is painted on or otherwise anchored to a building, wall or other permanent structure, and any of which are installed to achieve a lasting and enduring condition and location.
         (z)   PLATELINE.  The point where the roof structure first touches an external wall.
         (aa)   POLE SIGN.
            1.   A freestanding sign which is supported by one or more structural elements that are either:
               a.   Architecturally dissimilar to the design of the sign; or
               b.   Which is less than one-fourth of the width of the sign face.
            2.   The bottom edge of the sign face is eight feet or more above finished grade. See illustration in § 154-17.03 .
         (bb)   PORTABLE SIGN SIGNAGE.  Any signage which is designed to be placed upon the ground, rather than anchored to the ground or to any structure, and which may be moved without disassembly or excavation of the sign or sign structure
(Ord. O2010-09, passed 2-3-2010)
         (cc)   PRIMARY BUILDING FACADE.  The particular facade of a building which faces the street to which the address of the building pertains.
         (dd)   ROOF.  The protective cover of a building.
         (ee)   ROOFLINE.  The highest point of the main roof structure or parapet wall, not including cupolas, pylons, projections or minor raised portions of the roof.
         (ff)   SIGN FACE AREA.  The area of the smallest single geometric figure or figures which entirely encloses both the copy and facing of the sign. The spaces between letters, symbols and numerals, which make words or elements of the sign, and contrasting backgrounds, illustrations, borders or other devices shall be included.
         (gg)   STREET ADDRESS FRONTAGE.  The total linear dimension of the property line which coincides with the edge of the adjoining street right-of-way to which the address of the property pertains.
         (hh)   STREET FRONTAGE.  The total linear dimension of all property lines which coincide with the edge of an adjoining street right-of-way.
         (ii)   SWINGING SIGN.  Any sign face which is suspended at one or more points, but is not rigidly and permanently anchored to a building, wall, post or other support structure.
         (jj)   TEMPORARY SIGNAGE.  Any signage which is set in the ground but not permanently set in its own footing or foundation, nor permanently anchored to a building, wall or other structure.
(Ord. O2010-09, passed 2-3-2010)
         (kk)   TRANSIT BENCH SIGN.  A sign located on a bench at a designated public stop, in a city public right-of-way.
         (ll)   TRANSIT SHELTER SIGN.  A sign located on a transit shelter at a designated public transit stop in a city public right-of-way.
         (mm)   UNAUTHORIZED SIGNAGE.  Any signage, irrespective of the method of installation, which is erected on property without the permission of the property owner.
(Ord. O2010-09, passed 2-3-2010)
         (nn)   UNDER-CANOPY SIGN.  Any sign suspended from the underside of a canopy, roof, covered walkway, porch or cantilever projection from a building.
         (oo)   VERTICAL CLEARANCE.  The vertical distance measured from the bottom edge of a sign face to the street grade of the nearest driving lane.
         (pp)   WALL-MOUNTED SIGN.  Any sign attached to a wall of a building, whether or not parallel to the wall surface, including any sign painted on a wall surface.
('80 Code, App. A, § 161)  (Ord. 583, passed 9-16-1952; Ord. 2193, passed 3-21-1984; Ord. 2243, passed 12-19-1984; Ord. O2001-94, passed 11-20-2001; Ord. O2003-34, passed 8-6-2003; Ord. O2005-91, passed 10-5-2005; Ord. O2010-09, passed 2-3-2010; Ord. O2016-028, passed 10-5-2016; Ord. O2017-014, passed 5-3-2017)
      SITE BUILT. A structure constructed entirely or largely on-site; that is, built on the site which it is intended to occupy upon its completion rather than in a factory or similar facility.
(Ord. O2017-013, passed 5-3-2017)
      SOLID WALL OR FENCE.  A vertical barrier consisting of wood, masonry, metal or other exterior material customarily used in wall or fence construction, without openings in the material or spaces between members, other than gates for necessary walks and driveways, which totally and permanently blocks the horizontal view of any person, object or activity from any adjoining street or property at ground level. This category shall not include any barrier into which slats, plantings or other devices must be inserted in order to achieve a screening effect. Any SOLID WALL OR FENCE as may be required by this chapter shall be maintained in perpetuity by the property owner.
      SOUND LEVEL.  The weighted sound pressure level obtained by the use of a sound level meter and frequency weighting network as specified in American National Standards Institute specifications for sound level meters (ANSI S1.4-1971, or the latest revision thereof). If the frequency weighting employed is not indicated, the A-weighting is implied.
      SOUND LEVEL METER.  An instrument, including a microphone, an amplifier, readout and frequency weighting networks for the measurement of sound levels, which meets or exceeds the requirements pertinent for type S2A meters in the American National Standards Institute Specifications for Sound Level Meters, S1.4-1971, or the latest revision thereof.
      SPECIALTY FOOD STORE.  A retail store specializing in a specific type or class of foods such as an appetizer store, bakery, butcher, delicatessen, fish, gourmet and similar foods.
      SPECIALTY WATER STORE.  A specialty retail business which consists of no more than one water dispensing unit onsite which sells fresh bulk water to walk-up and drive up customers from a self contained, mechanically operated, vending dispenser placed upon portland cement or asphalt slab.
      STANDARD INDUSTRIAL CLASSIFICATION (SIC).  A statistical classification standard underlying all establishment-based federal economic statistics classified by industry, published by the Executive Office of the President, Office of Management and Budget. The classification covers the entire field of economic activities and defines industries in accordance with the composition and structure of the economy. The classification is indicated by a two to four digit numerical code. Example:  SIC 5932 represents “Used Merchandise Stores”.
      STOCK COOPERATIVE.  A development in which a corporation is formed to hold title to improved real property, and in which all of the shareholders of the corporation receive a right of exclusive occupancy in a portion of the real property, title to which is held by the corporation.
(Ord. O2009-55, passed 9-16-2009)
      STORAGE.  The accumulation or keeping of goods, articles, vehicles, equipment or the like, whether for immediate or future purposes.
      STREET, MAJOR ARTERIAL.  The streets defined and classified as such by the 1982 Yuma Circulation and Engineering Study, prepared by Stephen George and Associates, and adopted as an amendment to the circulation element of the General Plan, and its successors.
      STREET, PRIME ARTERIAL.  Those streets defined and classified as such by the 1982 Yuma Circulation and Engineering Study, prepared by Stephen George and Associates, and adopted as an amendment to the circulation element of the General Plan, and its successors.
      STREET FAIR.  A place of commercial activity that consists of the following elements:
         (a)   Open to the public for the purchase of products, in an open-air setting, on a public street;
         (b)   Composed of three or more booths, stalls, stands or spaces allotted to vendors, none of whom occupy the same booth, stall, stand or spaces on an uninterrupted continuous daily basis.
(Ord. O2013-37, passed 8-7-2013)
      STREETYARD SETBACK.  An open space lying between the street line and the setback building line. This area may be located on any side of a lot but is always located adjacent to and parallel to a street.
      STRUCTURE.  Anything that is built, assembled or constructed to be vertical.
      SUPERMARKET.  A retail establishment primarily selling food as well as other convenience and household goods. Also known as GROCERY STORE.
      SUPPLEMENTARY DEFINITIONS OF TECHNICAL NOISE OR SOUND TERMS.  Definitions of technical noise or sound terms not defined herein shall be obtained from the American National Standard, Acoustical Terminology, S1.1961 (R 1971) or latest revision thereof.
      SWAP MEET.  A retail activity, located on private property, that generally has a regional draw of customers, characterized by the barter or sale of merchandise to the general public by two or more vendors, from a leased or rented stall or booth. The leased or rented stall or booth can be located under a canopy or other roof structure, in an open-air setting, or in an enclosed building or structure. This term shall include a flea market, open-air market or similar commercial retail activity, but shall exclude farmer’s markets.
      SWIMMING POOL.  A water-filled enclosure, permanently constructed or portable, having a depth of 18 inches or more which is designed, used and maintained for swimming, bathing or similar activity. This category shall include spas.
      TEMPORARY MOBILE PERSONAL WIRELESS FACILITY.  A monopole structure mounted to a chassis with a movable base station that requires no physical site alterations for installation.
      TRANSIENT FOOD VENDOR. Any person who sells, serves, offers for sale, or gives away only food from a food vending unit that visits one or multiple lots of record on a daily basis for no more than three hours per site per day, changing locations throughout the day to transact with customers.
(Ord. O2014-20, passed 8-27-2014)
      TRIPOD.  A low impact structure consisting of a three-legged base (a tripod base height is less than 15% of the total structure height) that supports a single pole of no greater than a two-inch diameter and less than 20 feet in height, which supports a low impact, small antenna and is placed on a roof top.
      UNLICENSED WIRELESS SERVICE.  Per the Federal Telecommunications Act of 1996, the offering of telecommunications services using duly authorized devices which do not require individual licenses, but does not mean the consumer end user reception of direct-to-home satellite services (see “direct-to-home satellite services” above and as defined in § 303(v) of the Federal Act). Sites dedicated to the distribution of direct-to-home signal, such as, but not limited, to base stations and repeater stations, are governed by Article 19 of this chapter.
      VISIBILITY TRIANGLE.  A triangular area formed by two intersecting curb lines and a line intersecting them at a point 33 feet from the intersection of the curb lines.
      WALL-MOUNTED.  Anything located on an existing building wall.
      WALL STRAPPING.  The use of straps to support a monopole of a two-inch diameter or less or lattice structure of a 24-inch diameter, as circumscribed around the outside of the support poles, or less to wall of a building for support.
      YARD, FRONT.  An open space lying between the street line upon which a building or structure fronts and the front wall of said building, and running entirely across the lot to the two side lot lines.
      YARD, REAR.  The portion of the REAR YARD contiguous to the rear lot line having at no point a depth less than that required for the rear yard setback and excluding that area within the required side yard setback.
      YARD, SIDE.  An open space extending along the side line of a lot between the side line and any building or structure on said lot.
('80 Code, App. A, § 40)  (Ord. 583, passed 9-16-1952; Ord. O95-090, passed 12-20-1995; Ord. O96-24, passed 3-6-1996; Ord. O96-35, passed 4-3-1996; Ord. 02000-32, passed 5-17-2000; Ord. O2000-35, passed 6-21-2000; Ord. O2001-77, passed 9-19-2001; Ord. O2002-08, passed 2-6-2002; Ord. O2003-22, passed 5-21-2003; Ord. O2003-38, passed 8-20-2003; Ord. O2004-52, passed 8-4-2004; Ord. O2010-32, passed 7-7-2010; O2012-20, passed 11-7-12; O2012-22, passed 11-21-12)