Planning & Zoning Ordinance

Article 29-2 Definitions

Section 29-2-1 Purpose

It is the purpose of this Article to define words, terms, and phrases contained within this Code for the purpose of promoting consistency and precision in the interpretation of the Code.

Section 29-2-2 Word Usage

In the interpretation of this Code, the provisions and rules of this Section shall be observed and applied, except when the context clearly requires otherwise:

1. Words used or defined in one tense or form shall include other tenses and derivative forms.
    
2. Words in the singular number shall include the plural number, and words in the plural number shall include the singular number.
    
3. The masculine gender shall include the feminine, and the feminine gender shall include the masculine.
    
4. The word "shall" is mandatory.
    
5. The word "may" is permissive.
    
6. The word "person" includes individuals, firms, corporations, associations, trusts, and any other similar entities.
    
7. In case of any difference of meaning or implication between the text of this Code and any captions, illustration, or table, the text shall control.

Section 29-2-3 For Brevity of Text

1. Commission. The Town of Thatcher Planning and Zoning Commission.
2. Council. The Town of Thatcher Council.
3. Committee. The Development Review Committee.
4. Comprehensive Plan. The Town of Thatcher General Plan.

Section 29-2-4 Definitions

When used in this Ordinance, the following terms shall have the meanings herein ascribed to them:

Abut. To physically touch or border upon or to share a common boundary, property line, or right-of-way. Paro&s having only one common corner are not considered as abutting pa roe is.

Access. The place, means, or ways by which pedestrians, vehicles, or both shall have safe, adequate, and usable ingress/egress to a property or use. A private access is an access not in public ownership and controlled by means of deed, dedication, or easement.

Accessory Dwelling Unit. A dwelling unit on the same lot with and of a nature customarily incidental and subordinate to the principal structure or use.

Accessory Structure or Use. A use of land or of a building or portion thereof customarily incidental and subordinate to the principal use of the land or building and located on the same lot with such principal use or building.

Acre. A measure of land area containing 43,560 square feet.

ADA. Americans with Disabilities Act, including the requirements in the 1992 Arizonans with Disabilities Act.

Addition. An extension or increase in floor area or height of a building or structure. ADHS. The Arizona Department of Health Service.

Adjoining. Lot or Land. A lot or parcel of land which shares all or part of a common lot line with another lot or parcel of land.

Agent. Any person, firm partnership, association, joint venture, corporation, or any other entity or combination of entities who represents or acts for or on behalf of a declarant.

Agricultural Use. The production, keeping or maintenance for sale, lease, or personal use of plants or animals useful to man, including but not limited to forages and sod crops, grains and seed crops, dairy animals and dairy products, poultry and poultry products, livestock, including beef cattle, sheep, swine, horses, ponies, mules, or goats or any mutations or hybrids thereof, including the breeding and grazing of any or all such animals, bees and apiary products, fur animals, trees and forest products, fruits of all kinds, including grapes, nuts, and berries, vegetables, nursery, floral, ornamental and greenhouse products or lands devoted to a soil conservation or forestry management program.

Air Pollution. The presence of contaminants in the air of concentrations that interfere directly or indirectly with man's health, safety, orcomfort, or with the full use and enjoyment of his property.

Airport. An area of land or water that is used or intended to be used for the landing and take-off of aircraft, including its buildings and facilities, if any.

Airport Elevation. The established elevation in feet above mean sea level of the highest runway threshold.

Airport Hazard. Any structure or object or man-made and/or natural growth located on or in the vicinity of an airport, or any use of land near such airport, which obstructs the airspace required for, or is otherwise hazardous to, the flight of aircraft in landing or take-oft at such airport.

Aisle. The travel way by which cars enter and depart parking spaces. See Figure 1.

Alley. A dedicated right-of-way providing a secondary means of public access to abutting property and not intended for general traffic circulation.

Alteration. An alteration may be a change in construction or a change in occupancy. Where the term of alteration is applied to a change of construction, it is intended to apply to any change, addition, or modification in construction. When the term is used in connection with a change of occupancy, it is intended to apply to changes of occupancy from one trade or use to another.

Amendment. Any change, modification, deletion, or addition to the wording, text, or substance of this Code, or any change, modification, deletion, or addition to the application of the Code to property within the Town. An amendment may include any alteration.

Amusement and Recreation Services. Establishments engaged in providing amusement or entertainment for fee or admission charge and including such activities as dance halls, studios, theatrical productions, bands, orchestras, and other musical entertainment, bowling alleys, and billiard and pool establishments. Commercial sports such as arenas, rings, racetracks, public golf courses, and coin-operated devices, amusement parks, membership sports and recreation clubs, swimming pools, riding clubs, carnival operations, expositions, game parlors, and horse shows.

Animal Hospital. The place where animals or pets are given medical or surgical treatment and the boarding of animals is limited to short-term care.

Animal Kennel. Any structure or premises where animals are kept, boarded, bred, trained or sold for commercial gain.

Apartment. One building or portion thereof which is designed, built, rented, or leased to occupy residents living independently of each other and doing their own cooking in the same building.

Apartment Unit. One or more rooms with a private bath and kitchen facilities comprising an independent, self-contained dwelling unit in a building containing three or more dwelling units.

Applicant. A person submitting an application for development, rezoning or other action.

Approach Surface. A plane surface longitudinally centered on the extended runway centerline, extending outward and upward from the end of the primary surface and at the same slope as the approach zone height limitation slope set forth in this Article. In plan view, the perimeter of the approach surface coincides with the perimeter of the approach zone.

Approval. Conditional. An affirmative action by the Commission and Council indicating that approval of a preliminary plat or plan will be forthcoming upon satisfaction of certain specified stipulations.

Approval, Final. Unconditional approval of a final plat or plan by the Council as evidenced by certification thereon by the Town Clerk.

Attic. The part of a building which is immediately below and wholly or partly within the roof framing.

Automatic Car Wash. A structure containing facilities for washing automobiles using a chain conveyor or other method of moving the cars along and in an automatic or semiautomatic application of cleaner, brushes, rinse water and heat for drying.

Automobile. A self-propelled free-=moving vehicle with four or more wheels, primarily for conveyance on a street or roadway.

Automobile Sales. The use of any building, land area, or other premises for the display and sale of new or used automobiles, panel trucks or vans, trailers, or recreation vehicles and including any warranty repair work and other repair service conducted as an accessory use.

Automobile Service Station. Any building, land area, or other premises or portion thereof used, or intended to be used, for the retail dispensing or sales of vehicular fuels, including as an accessory use, the sale and installation of lubricants, batteries, tires and similar accessories.

Automobile Wrecking Yard. See Junkyard.

Automobile Repair Service and Garages. Establishments primarily engaged in furnishing automotive repair, rental, leasing, and parking services to the general public.

Bar. An establishment including, but not limited to, a cocktail lounge, discotheque, night club or tavern, the main use of which is to serve spirituous liquors for on-site consumption. Such a facility may serve food, provide dancing and entertainment.

Base Flood. The flood having a one-percent chance of being equaled or exceeded in any given year.

Base Map. A map having sufficient points of reference such as State, County, or Municipal boundary lines, streets, easements, and other selected physical features to allow the plotting of any other data.

Basement. A space having one half or more of its floor to ceiling height below the average level of the adjoining ground and with a floor-to-ceiling height of not less than six and a half (6-1/2) feet.

Bedroom. A private room planned and intended for sleeping, separable from other rooms by a door and accessible to a bathroom without crossing another bedroom or living room.

Berm. A mound of earth or the act of pushing earth into a mound.

Block. That property abutting one side of the street and lying between the two nearest intersecting streets or nearest intersecting street on subdivided land.

Board. The Town of Thatcher Board of Adjustment.

Boarding House. A dwelling in which three, four, or five rooms are occupied as guest rooms and in which food may be served to the occupants thereof. Any dwelling in which more than five rooms are occupied as guest rooms shall be deemed to be a motel or hotel. A boarding house shall not include buildings for persons requiring physical or mental care by reasons of age, infirmity, or disease.

Building Area. The area of a lot remaining after the minimum yard and open space requirements have been met.

Building. Any structure, either temporary or permanent, having a roof, supported by columns or walls, and used or built for the shelter or enclosure of persons, animals, channels, or property of any kind. This shall include tents, awnings, or vehicles situated on private property and used for the purposes of a building.

Building. Accessory. A subordinate structure on the same lot as the principal or main building or use occupied or devoted to use incidental to a principal use.

Building Coverage. The horizontal area measured within the outside of the exterior walls of the ground floor of all principal and accessory buildings on a lot. See Figure 4.

Building Height. The vertical distance of a building measured from the average elevation of the finished grade within (20) twenty feet of the structure to the highest point of the roof, fascia, or parapet.

Building footprint. The ground area within the outside edges of the exterior walls of a building at design grade.

Building. Line. Line parallel to the street line at a distance therefrom equal to the depth of the front yard required for the zoning district in which the lot is located.

Building Permit. Written permission issued by the Building Inspector for the construction, repair, alteration, or addition to a building or structure.

Building. Principal. A building in which is conducted the principal use of the lot on which it is located.

Bulk Storage. The storage of chemicals, petroleum products, and other materials and above ground containers for subsequent resale to distributors or retail dealers or outlets.

Carport. A roofed structure providing space for the parking or storage of motor vehicles and entirely open on two or more sides.

Certificate of Occupancy. A document issued by the Director of Community Development allowing the occupancy or use of a building and certifying that the structure or use has been constructed or will be used in compliance with all the applicable codes of the Town of Thatcher.

Ceiling Height. Clear vertical distance from the finished floor to the finished ceiling.

Change of Use. Any use which differs from the previous use of a building or land.

Child Care Center. A private facility maintained for the purpose of providing care, supervision or training for five (5) or more children under the age of sixteen (16) years and not related to the proprietor, for periods of more than one (1) hour but less than twenty-four (24) hours per day, apart from their parents or guardians, for compensation.

Chimney. A structure containing one or more flues for drawing off emissions from stationary sources of combustion

Church. A permanently located building or group of buildings or structure wherein people regularly assemble for religious worship and which is maintained and controlled by a religious body to sustain public worship and church-related uses.

Clinic. An establishment where patients are admitted for examination and treatment by one or more medical practitioners typically physicians, dentists, psychologists, or social workers and where patients are not usually lodged overnight.

Club. A group of people organized for a common purpose to pursue common goals, interest, and activities, and usually characterized by certain membership qualifications, payment of fees and dues, regular meetings, and constitutions and bylaws.

Commercial Vehicle Any motor vehicle licensed by the State as a commercial vehicle. Common Ownership. Ownership by one or more individuals in any form of ownership.

Common Accessory. A commonly shared or used pedestrian or vehicular way that connects or serves two or more properties.

Common Wall. See Party Wall.

Conditional Use. A use permitted in any particular zoning district only upon a showing that such use in a specified location will comply with all the conditions and standards for the location or operation of such use as specified in this Code.

Condominium. Real estate, portions of which are designated for separate ownership with the remainder designated for common ownership by the owners of the separate portions. Real estate is not a condominium unless the undivided interests in the common elements are vested in the unit owners.

Condominium Association. Community association which administers and maintains the common property and common elements of a condominium.

Construction Permit. A permit required for the erection, alteration, or extension of the structure.

Contiguous. In contact with.

Court. A space, open and unobstructed to the sky, located at or above grade level on a lot and bounded on three or more sides by walls of a building.

Cul-de-sac. See Street, Cul-De-Sac.

Curb Cut. The opening along the curb line at which point vehicles may enter or leave the roadway.

Dedication. The designation of land by its owner for any general or public use. Density. The number of dwelling units per unit of land.

Detention Basin. A storage facility for the temporary storage of storm water runoff with metered discharge.

Developer. The legal or beneficial owner or owners of a lot or of any land included in the proposed development including a holder of an option or contract to purchase or other person's having enforceable, proprietary interests in such land.

Display Surface. The area made available by the sign for the purpose of displaying the message.

District. A portion of the Town within which certain uniform regulations and requirements or various combinations thereof apply under the provisions of this Code.

Drainage.

1. Surface water run-off.
    
2. The removal of surface water from land from drains, grading, or other means which include run-off controls to minimize erosion and sedimentation during and after construction of development. The means for preserving the water supply and the prevention or alleviation of flooding.

Drainage way. Any natural or artificial watercourse, trench, ditch, swale, or similar depression into which surface water flows.

Drive-In Restaurant. A building or portion thereof where food and/or beverages are sold in a form ready for consumption and where all or a significant portion of the consumption takes place or is designed to take place outside the confines of the building often in a motor vehicle.

Driveway. A private roadway providing access for vehicles to a parking space, garage, dwelling, or other structure.

Dwelling. An enclosed space providing complete independent living facilities for a family including permanent provisions for living, sleeping, eating, cooking, and sanitation.

Dwelling, Attached. A one-family dwelling attached to two or more one-family dwellings by common vertical walls.

Dwelling, Detached. A dwelling which is not attached to any other dwelling by any means.

Dwelling, Multi-Family. A building designed exclusively for occupancy by two or families living independently of each other.

Dwelling. Semi-Detached. A one-family dwelling unit attached to another one-family dwelling by common vertical wall in which each dwelling is located on a separate lot.

Dwelling, Single Family. A building containing one dwelling unit.

Dwelling, Single Family Detached. A dwelling which is designed for and not occupied by more than one family and surrounded by open space or yards and which is not attached to any other building by any means.

Dwelling, Townhouse. One family dwelling in a row of at least three (3) such units in which each unit has its own front and rear access to the outside. No unit is located over another unit and each unit is separated from any other unit by one or more common fire resistant walls.

Dwelling, Two Family. A structure on a single lot containing two dwelling units each of which is totally separated from each other by an unpierced wall extending from ground to roof or an unpierced ceiling and floor extending from exterior wall to exterior wall except for a common stairwell exterior to both dwelling units. Also known as a duplex.

Dwelling Unit, Efficiency. A dwelling unit consisting of not more than one habitable room together with kitchen or kitchenette and sanitary facilities.

Easement. A grant of one or more of the property rights by the property owner to and/or for the use by the public, a corporation, or other person or entity.

Egress. An exit.

Elevation.

1. A vertical distance above or below a fixed reference level.
    
2. A flat scale drawing of the front, rear, or side of a building.

Enlargement. An increase in the size of an existing structure.

EPA. The Environmental Protection Agency.

Excavation. Removal or recovery by any means whatsoever of soil, rocks, minerals, mineral substances, or organic substances other than vegetation from water or land on or beneath the surface thereof or beneath the land surface whether exposed or submerged.

Existing Grade or Elevation. The vertical location of the ground surface prior to excavating or filling.

Existing Use. The use of a lot or structure at the time of the enactment of this Code. Exterior Wall. Any wall which defines the exterior boundaries of a building or structure.

Facade. The exterior wall of a building exposed to public view or that wall viewed by persons not within the building.

Family. A family is:

1. An individual or two (2) or more persons related by blood, marriage, or adoption, living together as a single housekeeping unit in a dwelling unit, or
    
2. Not more than five (5) persons, who need not be related, living together as a single, housekeeping unit within a dwelling.

Fast Food Service. The retail sales in a building of convenience food or specialty menu items, and ordered and served at a counter or window, whether for consumption on or off the premises, when the facility is designed primarily to serve customers arriving by automobile.

Fence. An artificially constructed barrier of any material or combination of materials erected to enclose or screen acres of land.

Findings. A written statement of facts, conclusions and determinations based on the evidence presented in relation to the approval criteria and prepared by the approval authority in support of a decision.

Flood or flooding. A temporary inundation of land not normally covered by water due to unusual and rapid accumulation or runoff of surface waters from any source, or a rise in flow or stage of any stream or watercourse that results in water overtopping its banks and adjacent areas that are not normally covered by water.

Flood Fringe Area. That land outside the flood way and below the base flood elevation. Flood Hazard Area. The flood plain consisting of the flood way and the flood fringe area.

Flood Hazard Design Elevation. The highest elevation, expressed in feet above sea level, of the level of flood waters which delineates the flood fringe area.

Flood insurance Rate Map (FIRM). The official map on which the Federal Emergency Management Administration has delineated both the areas of special flood hazards and the risk premium zones applicable to the community.

Flood of Record. A flood which has occurred for which there are accurate local records available.

Flood, Regulatory Elevation. The elevation which is one foot above the base flood elevation for a watercourse for which the base flood elevation has been determined by the criteria developed by the Director of the Department of Water Resources for all other watercourses.

Flood, Regulatory Base Flood Discharge. The rate of flow produced by the regulatory base flood measured in cubic feet per second.

Flood Plain. The relatively flat areas or low lands adjoining the channel of a watercourse or areas where drainage is or may be restricted by manmade structures which have been or may be covered partially or entirely by flood water. See Figure 9.

Flood Proofing. A combination of structural provisions, changes, or adjustments to properties and structures object to flooding primarily used for the reduction or elimination of flood damages to properties, water and sanitary facilities, structures, and contents of buildings in flood hazard areas.

Flood way. The channel of a river or other watercourse of that area within a flood plain which must be reserved for discharge of the base flood without increasing the water surface elevation more than one (I) foot and without creating hazardous velocities of flood waters. The flood way is delineated on the Flood Boundary Flood way Map.

Floor Area, Gross. The sum of the gross horizontal areas of the several floors of a building measured from the exterior face of exterior walls, or from the centerline of a wall separating two buildings, but not including interior parking spaces, loading space for motor vehicles, or any space where the floor-to-ceiling height is less than six feet.

Floor Area. Net. The total of all floor areas of a building, excluding stairwells and elevator shafts, equipment rooms, interior vehicular parking or loading; and all floors below the first or ground floor when used or intended to be used for human habitation or service to the public.

Floor Area Ratio (FAR). A ratio expressing the amount of square feet of floor area permitted for every square foot of land area within the site.

Fowl. Means chickens, ducks, geese, turkeys, pigeons, peacocks and peahens.

Fraternal Organization. A group of people formally organized for a common interest, usually cultural, religious or entertainment, with regular meetings, rituals and formal written membership requirements.

Frontage. The length of any one property line which abuts a legally accessible street right-of -way.

Garage, Private. A building, or portion thereof, in which only motor vehicles used by the tenants of the building, or buildings on the premises are stored or kept.

Garage, Public. A building, other than a private garage. designed or used for servicing, repairing, or storing motor vehicles.

Grade. The lowest point of elevation of the finished surface of the ground, paving or sidewalk within the area between the building and the property line, or when the property line is more than five (5) feet from the building, between the building and a line five (5) feet from the building.

Grade, Finished. The final elevation of the ground surface after development.

Grade, Natural. The elevation of the ground surface in its natural state, before man-made alterations.

Height. For the purpose of determining the height limits in all zones set forth in this Article, the datum shall be mean sea level elevation unless otherwise specified.

Home Occupation. A lawful use conducted in a residential district in or on the premises of a dwelling unit by the permanent residents thereof, only said use being secondary to the use of the dwelling purposes, and which complies with the terms and conditions of this Code.

Hospital. An institution providing primary health services and medical or surgical care to persons, primarily inpatients, suffering from illness, disease, injury, deformity and other abnormal physical or mental conditions, and including, as an integral part of the institution, related facilities such as laboratories, outpatient facilities or training facilities.

Hotel. A facility offering transient lodging accommodations to the general public and may provide additional services such as restaurants, meeting rooms, and recreation facilities.

Impervious Surface. Impervious surfaces are those which do not absorb water. They consist of all buildings, parking areas, driveways, roads, sidewalks, and any areas of concrete of asphalt. In the case of lumberyards, areas of stored lumber constitute impervious surfaces.

Ingress. Access or entry.

Junk. Scrap metals and their alloys and bones, used cloth, rubber, rope, tinfoil, bottles, old or machinery, tools, appliances, fixtures, utensils, lumber, boxes or crates, pipe or pipe fittings, tires, and other manufactured goods that are so worn, deteriorated or obsolete as to make them unusable in their existing condition, but are subject to being dismantled.

Junkyard. Any area, lot, land, parcel, building or structure or part thereof used for the storage, collection, processing, purchase, sale or abandonment of waste paper, rags, scrap metal or other scrap or discarded goods, materials, machinery or two or more unregistered, inoperable motor vehicles or other type of junk.

Kennel. Any premises or structure in which more than four (4) dogs and/or more than four (4) cats, six (6) months or older are kept or cared for, boarded or maintained.

Landscaping. Shall consist of any of the following or combinations thereof: material such as, but not limited to, grass, ground covers, shrubs, vines, hedges, trees or palms; and non-living durable material commonly used in landscaping, such as but not limited to rocks, pebbles, sand, walls or fences but excluding paving.

Livestock. Meat animals, cattle, sheep, swine, horses, ponies or goats or any mutations or hybrids thereof.

Lodging House. Any building or portion thereof, containing not more than five (5) guest rooms which are used by no more than five (5) guests, where rent is paid in money, goods, labor or otherwise.

Lot. A tract of land bounded on all sides by property lines, of sufficient size to meet minimum zoning requirements, for use, coverage, area setbacks, and other areas as required by this Code.

Lot Area. The total area within the boundary lines of a lot.

Lot, Corner. A lot abutting on two (2) or more intersecting streets having an interior angle of intersection not exceeding one hundred thirty-five (135) degrees.

Lot Coverage. That portion of the lot that is covered by buildings and structures.

Lot, Depth. The horizontal distance between front and rear lot lines measured along the median between the two side lot lines.

Lot, Double Frontage. A lot having a frontage of two (2) parallel streets.

Lot, Interior. A lot other than a corner lot, with frontage only on one street.

Lot, Key. An interior lot, one side of which is contiguous, or separated only by an alley from the rear line of a corner lot.

Lot Line. A line of record bounding a lot which divides one lot from another lot or from a public or private street or any other public space.

Lot Line, Front. The director of Community Development shall determine the front lot line in accordance with one of the following:

1. Corner Lot: The front lot line of a corner lot shall be the shorter of the two lines adjacent to the streets. Where lines are equal, the front lines shall be that line which is obviously the front by reason of the prevailing frontage of the other lots on the block. If such front is not evident, then either may be considered the front of the lot but not both.
    
2. Interior Lot: The front lot line of an interior lot shall be the line coterminous with the street frontage.
    
3. Through Lot: The front lot line of a through lot shall be that line which is obviously the front by reason of the prevailing frontage of the other buildings on the block.
    
4. Combined Lots: Where two or more lots are used as a building site and where the main building crosses lot lines, then the entire area shall be considered as one lot, except that the front of the parcel shall be determined to be the front of the individual lots as originally platted or laid out.

Lot Line, Interior. Any side lot line not adjacent to a street.

Lot Line, Rear. A lot line which is opposite to and most distant from the front lot line. In the case of a corner lot, the Director of Community Development shall determine the rear lot line. In the case of an irregular or triangular shaped lot, a lot line ten (10) feet in length within the lot parallel to and at the maximum distance from the front lot line.

Lot Line, Side. Any lot line which is not a front or rear lot line.

Lot. Minimum Area of. The smallest lot area established by this Code on which a use or structure may be located in a particular district.

Lot, Reverse Frontage. A through lot which is not accessible from one of the parallel or non-intersecting streets upon which it fronts.

Lot, Through. A lot which fronts upon two parallel streets, or which front upon two streets which do not intersect at the boundaries of the lot.

Lot Width. The horizontal distance between the side lines of a lot measured at right angles to its depth along a straight line parallel to the front lot line at the minimum required building setback line.

1. If the side lot lines are parallel, the shortest distance between these side lines.
    
2. If the side lot lines are not parallel, the width of the lot shall be the length of a line measured at right angles to the axis of the lot at a point which is equal to or greater than the required front yard setback for the district in which it is located.

Maintain. To cause or allow to continue in existence; when the context indicates, maintain shall mean to preserve and care for a structure, improvement, conditions or area so that it remains attractive, safe and presentable and caries out the purposes for which it was installed, constructed or required.

Manufactured Home or Housing. Means a structure manufactured in a factory to standards established by the U.S. Department of housing and Urban Development (after June 15,1976), which is delivered to a home site in more than one section and placed on a permanent foundation. The dimensions of the completed house shall not be less than twenty (20) feet by forty (40) feet, the roof must be sloping,the siding and roofing must be the same as those found in site-built houses, and the house must be eligible for thirty (30) year real estate mortgage financing.

Mobile Home. A transportable, single-family dwelling unit built upon a chassis and containing complete electrical, plumbing and sanitary facilities intended for permanent occupancy, contained in one, two or more units designed to be joined into one integral unit capable of again being separated for repeated towing, and constructed so that it may be used with or without a permanent foundation. For purposes of determining standards which apply, a distinction is made between manufactured housing units mounted on a permanent foundation which meet all the requirements of the adopted Uniform Building Code.

Mobile Home Park. A development providing two (2) or more rental spaces for occupancy by mobile homes together with certain accessory buildings and uses provided for the benefit and enjoyment of the residents of the park.

Mobile Home Subdivision. A subdivision that is to be used specifically as a single-family residential use, for mobile homes. Expressly prohibited for residential purposes are buses, recreational vehicles, motor homes, campers, trailers and other similar vehicles.

Motel. Shall mean hotel as defined herein.

Motor Home. Any vehicular type unit thirty-five (35) feet or less in length and eight (8) feet or less in width, primarily designed as temporary living quarters for camping or travel use.

Motor Vehicle. Any vehicle which is self-propelled.

Noise Pollution. Continuous or episodic excessive noise in the human environment.

Non-Conforming Structures. A building or structure, or portion thereof, lawfully erected or altered, which no longer adheres to the specific development regulations of the code applicable to the zoning category in which the building or structure is located.

Non-Conforming Uses. An activity conducted in a building, structure or on a site, lawfully established or maintained, which no longer adheres to the specific use regulations in the code applicable to the zoning category in which such use is located.

Nursery and Day Care Schools. See Child Care.

Occupancy or Occupied. The residing of an individual or individuals overnight in a dwelling unit, or the installation, storage or use of equipment, merchandise or machinery in any public, commercial or industrial building.

Occupant. The individual or individuals in actual possession of a premises. Odor, Noxious. Any odor which is offensive to human beings.

Office. A place where a particular kind of business is transacted or a service is supplied, excluding retailing, according to the following:

1. A place in which functions, such as consulting, record keeping, or clerical work are performed, or
    
2. A place in which a professional person (e.g. a physician or lawyer) conducts his professional services.

Off-Street Parking Space. A storage area for a motor vehicle that is directly accessible to an access aisle, and which is not located on a dedicated street right-of-way.

On-Street Parking Space. A temporary storage area for a motor vehicle which is located on a dedicated street right-of-way.

Open Space. Any parcel or area of land or water essentially unimproved and set aside, dedicated, designated or reserved for public or private use or enjoyment, or for the use and enjoyment of owners and occupants of land adjoining or neighboring such open space.

Oren Space. Common. Land within or related to a development, not individually owned or dedicated for public use, which is designed and intended for the common use or enjoyment of the residents of the development and may include such complimentary structures and improvements as are necessary and appropriate.

Open Space. Private. Common open space held in private ownership, the use of which is normally limited to the occupants of a single dwelling or building.

Open Space, Public. Open space owned by a public agency and maintained by it for the use and enjoyment of the general public.

Parapet or Parapet Wall. That part of any wall extending above the roof line.

Parking Access. The area of a parking lot that allows motor vehicles including parking lots, garages, private driveways and legally designated areas of public streets.

Parking Area, Private. A parking area for the private use of the owners or occupants of the lot on which the parking area is located.

Parking Area, Public. A parking area available to the public, with or without compensation, used to accommodate clients, customers, or employees.

Parking Bay. The parking module consisting of two and/or three rows of parking spaces and the aisle from which motor vehicles enter and leave the spaces. See Figure 1.

Parking Lot. An off-street, ground-level area, surfaced and improved for the temporary storage of more than four (4) motor vehicles.

Parking Space. An unobstructed space or area other than an street or alley for the parking of one 1 motor vehicle.

Particulates. Finely divided solid or liquid particles in the air or in an emission including dust, smoke, fumes, mist, spray and fog.

Party Wall. A shared wall between two separate structures, buildings, or dwelling units.

Peak Hour Traffic. The largest number of vehicles passing over a designated section of a street during a 24-hour period.

Person. Any person, firm, partnership, association, social or fraternal organization, corporation, estate, trust, receiver, syndicate, branch of government, or any other group or combination acting as a unit.

Plans, Engineering. Plans, profiles, cross sections, specifications and other details of construction of the improvements required under the provisions of this Code, prepared by a registered engineer in accordance with the approved preliminary plat and in compliance with adopted Town standards.

Plan, Master Development. A preliminary map indicating tentative layout of streets and location of schools, recreation areas, and other community facilities for the entirety of a landholding of which a portion is to be submitted as a preliminary plat; a map meeting the needs of this Code.

Plan, Comprehensive. The Thatcher Comprehensive Plan together with any supplements thereto.

Plat. A map of a subdivision.

Plat, Preliminary. A preliminary map including supporting data indicating a proposed subdivision design prepared in accordance with the provisions of this Code.

Plat, Final. A map of all or part of a subdivision essentially conforming to an approved preliminary plat prepared in accordance with the provisions of this Code.

Plat, Recorded. A final plat bearing all the certificates of approval required by this Code and filed in the Office of the County Recorder.

Principal Use. The main use to which the premises are devoted and the primary purpose for which the premises exist.

Recreational Vehicle. A vehicular type unit eight (8) feet or less in width and forty (40) feet or less in length, primarily designed as temporary living quarters for recreational camping or travel use and not designed for permanent residential or commercial purposes, which either has its own motive power or is mounted on or drawn by another vehicle.

Rental Unit. Any housing unit, which is occupied pursuant to a lawful rental agreement, oral or written, express or implied, which was not owned as a condominium unit or cooperative unit on the effective date of this Code.

Retention Basin. A pond, pool or basin used for the permanent storage of water runoff.

Restaurant. An establishment where meals are prepared and served to the public for consumption on the premises entirely.

Restaurant, Drive-Through. See Drive-Through Restaurant.

Retail Services. Establishments providing services of entertainment, as opposed to products, to the general public, including eating and drinking places, hotels and motels, finance, real estate and insurance, personal services, motion pictures, amusement and recreation services, health, educational and social services, museums and galleries.

Right-of-Way. The area between boundary lines of street or other dedicated area.

Roadway. That portion of a road or alley right-of-way that is improved for vehicular traffic and is narrower in width than the right-of-way.

Roof. A continuous solid sheathing top covering on a structure which provides protection from rain, wind, sun or other natural elements.

Schools. An institution licensed by the Arizona Department of Education.

Screen. A barrier that functions to shield, protect, or conceal.

Service Station. See Automobile Service Station.

Setback. The minimum allowable horizontal distance from a given point or line of reference to the nearest vertical wall or other element of a principal building or structure as defined herein. The point or line of reference will be the lot line following any required dedication, or a special or reservation line it one is required pursuant to this Code.

Sight Triangle. A triangular-shaped portion of land established at street or alley intersections in which nothing is erected, placed, planted or allowed to grow in such a manner as to limit or obstruct the sight distance of motorists entering or leaving the intersection.

Sign, Home Occupation. A sign containing only the name and occupation of a permitted home occupation.

Site. The land area designated for development, exclusive of any right-of-way. The land area may be a portion of a lot, a single lot, or consist of more than one lot.

Site Plan. The development plan for one or more lots on which is shown the existing and proposed conditions of the lot including: topography, vegetation, drainage, flood plains, marshes and waterways; open spaces, walkways, means of ingress and egress, utility services, landscaping, structures and signs, lighting and screening devices; any other information that reasonably may be required in order that an informed decision can be made by the approving authority.

Slope. The degree of deviation of a surface from the horizontal, usually expressed in percent or degrees, or as a ratio.

Square Footage, Net. The net square footage is determined by subtracting from the total square footage of the parcel that area deemed necessary for street dedication and that area used for private streets and common driveways, if any.

Start of Construction. The first placement of permanent construction of a structure (other than a mobile home) on a site, such as the pouring of slabs or footings or any work beyond the stage of excavation. Permanent construction does not include land preparation such as clearing, grading and filling, nor does it include the installation of streets and/or walkways; nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not as part of the main structure.

Story. That portion of a building included between the upper surface of any floor and the upper surface of the floor next above, except that the topmost story shall be that portion of a building included between the upper surface of the topmost floor and the ceiling or roof above. If the finished floor level directly above a usable or unused under-floor space is more than six (6) feet above grade, as defined herein, for more than fifty percent (50%) of the total perimeter, or is more than twelve (12) feet above grade as defined herein, at any point, such usable or unused under-floor space shall be considered as a story.

Story, First. The lowest story in a building which qualifies as a story, as defined herein, except that a floor level in a building having only one floor level shall be classified as a first story, provided such floor level is not more than four (4) feet below grade, as defined herein, for more than fifty percent (50%) of the total perimeter, or not more than eight (8) feet below grade, as defined herein, at any point. See Figure 2.

Street. Any existing or proposed street, avenue, boulevard, road, lane, parkway, place, bridge, viaduct, or easement for public vehicular access, or a street shown in a plat heretofore approved pursuant to law, or a street in a plat duly filed and recorded in the Graham County Recorder's Office. A street includes all land within the street right-of-way, whether improved or unimproved, and includes such improvements as pavement, shoulders, curbs, gutters, sidewalks, parking spaces, bridges and viaducts, bike lanes, pedestrian facilities, utility areas, and other such design features.

Street, Arterial. A street so designated on the Traffic Circulation Plan whose primary function is to carry traffic between and through major traffic generators.

Street, Collector. A street so designated on the Traffic Circulation Plan whose primary function is to carry traffic from local streets to arterial streets and whose secondary-function is to provide access to abutting properties.

Street, Cul-D-Sac. A short local street with a maximum length of four hundred (400) feet having one end permanently terminated in and including a vehicular turning area.

Street, Frontage. A local street parallel and adjacent to an arterial street which provides access to abutting property, intercepts other local streets and controls access to the arterial street.

Street, Local. A street serving the primary function of providing access to abutting property including.

Street, Major. A principal traffic route for contiguous streets which is also a means of access to arterial streets.

Structure. A combination of materials forming a construction for use, occupancy, or ornamentation whether installed on, above, or below the surface of land or water.

Substantial Improvement. Any repair, reconstruction or improvement of a structure, the cost of which equals or exceeds fifty percent (50%) of the market value of the structure either:

1. Before the improvement is started, or
    
2. If the structure has been damaged and is being restored, before the damage occurred. For the purposes of this definition, "substantial" improvement is considered to occur when the first alteration of any wall, ceiling, floor, or other structural part of the building commences, whether or not that alteration affects the external dimensions of the structure.

Swap Meet. An occasional or periodic commercial activity held in an open or enclosed structure where: 1) groups or sellers rent space on a short-term basis to display, barter, or sell goods or services to the public; or 2) one or more sellers bring goods for auctioning to the public.

Temporary Structure. A structure without any foundation or footings and which is removed when the designated time period, activity, or use for which the temporary structure was erected has ceased.

Tenant. Any person who occupies or has a leasehold interest in a rental unit under a lawful rental agreement whether oral or written, express or implied.

Theater. A building or part of a building devoted to showing motion pictures, or for dramatic, musical or live performances.

Theater, Drive-In. An open lot with its appurtenant facilities devoted primarily to the showing of motion pictures or theatrical productions on a paid-admission basis to patrons seated in automobiles.

Traffic Generator. A use in a particular geographic area which is likely to attract into the area substantial vehicular or pedestrian traffic.

Tree. Any self-supporting woody plants or species which normally grow to an overall height of a least fifteen (15) feet.

Trip. A single or one-way vehicle movement either to or from a subject property or study area.

Trip Ends. The total of trips entering and leaving a specific land use or site over a designated period of time.

Trip Generation. The total number of trip ends produced by a specific land use or activity. Use. The purpose or activity for which land or buildings are designed, arranged, or intended, or for which land or buildings are occupied or maintained.

Use Permit. Shall be a Permit required of this Planning Ordinance (see Article 29-5) for uses which may under the circumstances of a specific case be permissible, but use in general may not be permitted.

Use, Principal. The main or primary purpose for which land or a structure is designed, arranged or intended or for which it is occupied or maintained.

Use, Temporary. A use established for a fixed period of time with the intent to discontinue such use upon the expiration of the time period.

Utility, Public. Any agency which, under public franchise or ownership, or under certificate of convenience and necessity, provides the public with electric, gas, heat, communication, rail transportation, water, sewage collection, or other similar service;

Utility Services. Establishments engaged in the generation, transmission and/or distribution of electric, gas, including water and irrigation systems and sanitary systems used for the collection and disposal of garbage, sewage and other wastes by means of destroying or processing materials.

Vehicle Repair. The general repair, alteration, rebuilding, maintenance or reconditioning of vehicles, including motor, body, frame, upholstery, interior or paint work.

Vehicle Sales Lot. A lot used for display, sale or rental of new or used vehicles, including but not limited to, automobiles, boats, trailers and recreational vehicles.

Wholesale. The bulk sale of goods generally for resale to a person other than the direct consumer.

Yard. A required open space on the same lot with a principal use, unoccupied and unobstructed by any structure or portion of a structure above the general ground level of the graded lot upward, provided however, that fences, walls, poles, posts, other customary yard accessories, ornaments and furniture or other allow accessory structures or uses may be permitted in any yard subject to height limitations and requirements limiting obstruction of visibility.

Yard, Front. A required open space extending the full width of the lot between a building and the front lot line or reservation line.

Yard, Side A required open space extending from the required front yard to the required rear yard between a building and the nearest side lot line or reservation line, unoccupied and unobstructed from the ground upward except as specified elsewhere in this Code.

Zoning. The dividing of the Town into districts or zones and the establishment of regulations of governing the use, placement, spacing, and size of land and buildings within each zone or district.