§ 17.04.040. Definitions
For the purposes of this title, certain words and terms are defined as follows:
Words in the present tense include the future and the future includes the present; the singular number includes the plural and the plural the singular; the word "lot" includes the word "plot," "tract" or "parcel of land," as the sense may require it; the term "erected" means "constructed," "altered," "moved" or "repaired;" the words "shall" and "must" are always mandatory. The word "district" is synonymous with the word "zone," and the term "building inspector" is synonymous with the term "zoning administrator." Words not included herein, but which are defined in the Building Code shall be construed as defined therein.
"Alley" means a passage or way open to public travel, affording generally a secondary means of vehicular access to abutting lots or upon which service entrances of building abut, and not intended for general traffic circulation.
"Application details." Every application for a permit shall be accompanied with a drawing indicating roadways, mobilehome sites, water and sewer services.
"Boarding house" means a dwelling otherwise permitted in the district in which it is situated in which more than one half of the rooms other than bathrooms or kitchens, but not more than five rooms, are occupied or offered for occupancy as guest rooms.
"Building" means a structure having a roof supported by columns or walls.
Building, accessory. "Accessory building" means a subordinate building the use of which is incidental to that of a main building on the same lot.
Building, community. "Community building" means a public building designed or used for community activities of an educational, recreational or public service nature.
"Building height" means the vertical distance from grade to the weighted average level of exterior walls of the building.
Building, main. "Main building" means a building in which is conducted the principal use of the lot on which it is situated. In any residential district, any dwelling shall be deemed to be the main building on the lot on which the same is situated.
"Car port" means any shelter open on two or more sides provided for storage of a moveable vehicle and provided that any such shelter shall not have more than four feet of enclosed wall space on the side next to the abutting lot.
"Dwelling group" means a group of two or more buildings designed or used as dwellings which occupy a parcel of land in one ownership.
Dwelling, multiple. "Multiple dwelling" means a building containing two or more family dwelling units.
Dwelling, one-family. "One-family dwelling" means a detached building containing a one-family dwelling unit.
"Family dwelling unit" means a group of rooms including cooking accommodations occupied exclusively by one or more persons living as a single, nonprofit housekeeping unit.
Garage, private. "Private garage" means an accessory building occupied, or intended for occupancy, by the motor vehicles of the families resident on the lot.
Garage, public. "Public garage" means any building, except a building herein defined as a private garage, used for the storage or care of motor vehicles or where any such vehicles are equipped for operation, or kept for remuneration, hire or sale.
"Guest room" means a room which is designed or intended for occupancy by, or which is occupied by, one or more guests for compensation, but in which no provision is made for cooking.
"Home occupation" means any use customarily conducted entirely within a dwelling and carried on by the inhabitant thereof which does not occupy more floor space than twenty-five (25) percent of the ground floor and which use is clearly incidental and secondary to the use of the dwelling for dwelling purposes and does not change the character thereof. Clinics, hospitals, barber shops, beauty parlors, tea rooms, tourist homes, real estate offices, animal hospitals, and all other uses which are similar to the foregoing by reason of the number of clients or customers involved, special machinery, apparatus or equipment used, or objectional noise, odor or dust produced, shall not be deemed to be home occupations. However, offices of professional persons meeting the requirements of a home occupa tion shall be considered as a home occupation. There shall be no window display or other public display of any material or merchandise in connection with any home occupation.
"Hospital," unless otherwise specified, means and includes sanitarium, preventorium, clinic, maternity home or rest home, and shall be deemed to mean a place for the treatment or other care of human ailments.
"Hotel" means a building or group of buildings, other than a tourist court, or boarding house, as defined herein, which building or group of buildings have two or more guest rooms.
"Launderette-help yourself laundry" means a building within which washing machines are provided on a rental basis for use by individuals for doing their own laundry only. There shall be no outdoor drying facilities in connection with any help-yourself laundry.
"Lot" means a parcel of land placed on record in accordance with laws and ordinances, or a parcel of land described by metes and bounds as shown on the records of the county.
Lot, corner. "Corner lot" means a lot abutting two intersecting or intercepting streets, where the interior angle of intersection or interception does not exceed one hundred thirty-five (135) degrees. For purposes of this title, the shorter of the two street frontages of a corner lot shall be considered to be the front lot line.
Lot, interior. "Interior lot" means a lot other than a corner lot.
"Manufactured house" means a structure manufactured in a factory 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 site-built houses, and the house must be eligible for thirty (30) year real estate mortgage financing.
"Medical marijuana" means of all parts of the genus cannabis whether grown or not, and the seed of such plants that may be administered to treat or alleviate a qualifying patients debilitating medical condition or symptoms associated with the patients debilitating medical condition.
"Medical marijuana dispensary" means a not-for-profit entity approved by the Arizona Department of Health Services (ADHS) as defined in A.R.S. Section 36-2801(11), that acquires, possesses, cultivates, manufactures, delivers, transfers, transports, stores, supplies, sells or dispenses marijuana or related supplies and educational materials to cardholders.
"Medical marijuana dispensary off-site cultivation location" additional locations where marijuana is cultivated or stored by a medical marijuana dispensary as defined in A.R.S. Section 36-2804(B)(1)(b)(ii).
"Medical Marijuana food establishment" (infusion or manufacturing) means place that supplies one dispensary with edible food products which are infused with medical marijuana.
"Medical marijuana qualifying patient" means a person who has a debilitating medical condition as defined in A.R.S. Section 36-2801.13.
"Mobilehome" means a single dwelling unit, factory built and assembled, designed for conveyance, after fabrication, on the streets and highways, on its own wheels or on a flat bed or other trailers, and arriving at the site where it is to be occupied as a dwelling unit, complete and ready for occupancy, except for minor and incidental unpacking and assembly operations; such as location on a permanent foundation, permanent connections to all utilities, and water, sewer and electricity connections.
"Mobilehome park" means a piece of land with a minimum of ten acres, owned and operated by a private individual, meeting all the requirements of the Zoning Code and/or all other ordinances of the town of Hayden.
"Mobilehome park permits." Permits for mobilehome parks shall be issued to owners of said property, or a corporation seeking to operate the park with the approval of the owner of the land to be used upon application to the town manager, including a drawing of the plat or park by a registered architect.
"Mobilehome subdivision" means a plat of land not less than ten acres, subject to the approval of the planning and zoning commission and shall be prepared according to the zoning ordinances of the town of Hayden and shall be recorded in the office of the county recorder of Gila county.
"Nonconforming use" means a use of a building or of land that does not conform to the regulations as to use for the zone in which it is situated.
"Permit fees." Permit fees for mobile-home parks, or permits to place mobile-homes on individual lots, shall be set by resolution of the town council.
Professions, recognized. Members of "recognized professions" shall be deemed to include doctors, dentists, lawyers, architects, artists and engineers registered with State Board of Registration.
"Residential use" means and includes one-family and multiple dwelling, dwelling groups.
"Rooming house." See "boarding house."
"School," unless otherwise specified, shall be limited to places of general instructions and shall not include nursery schools, dancing schools, riding academies, or trade or specialized vocational schools.
"Sign" means any display of any letters, words, numerals, figures, devices, emblems, pictures, or any parts or combinations thereof by any means whereby the same are made visible and for the purpose of making anything known, whether such display be made on, attached to or as a part of a structure erected for the purpose, or on, attached to or as part of any other structure, surface or thing, including, but not limited to, the ground or any rock, tree, or other natural object, which display is visible beyond the boundaries of the lot on which the same is made.
"Story" means that portion of a building included between the surface of any floor and the surface of the next floor above it, or if there is no floor above it, then the space between the floor and the ceiling next above it. A mezzanine floor shall be counted as a story if it covers over forty (40) percent of the area of the floor next below it, or if the vertical distance from the floor next below it to the floor next above is over twenty (20) feet. A basement shall be counted as a story if its ceiling, or the bottom surface of the floor joists or beams if there is no ceiling, is not less than eight feet above the basement floor with at least fifty (50) percent of such height being above the level from which the building height is measured, or if it is used for business purposes or dwelling purposes.
"Street" means a public thoroughfare, including road, highway, drive land, avenue, place, boulevard and any other thoroughfare, which affords the principal means of access to abutting property.
"Structural alteration" means any change in the supporting members of a building, such as bearing walls, columns, beams or girders.
"Tourist court—motel" means a building or group of buildings containing one or more guest rooms, having separate outside entrances for each such room or suite of rooms.
"Trailer court" means a parcel of land on which are located or intended to be located two or more house trailers occupied for living purposes.
Trailer, house. "House trailer" means a vehicle designated for movement on a public highway and designed or arranged to provide living accommodations.
Use, accessory. "Accessory use" means a use incidental and accessory to the principal use of a lot or a building located on the same lot with the accessory use.
"Yard" means an open space of uniform width or depth on the same lot with a building or group of buildings, which open space lies between the building or group of buildings and the nearest lot line and is unoccupied and unobstructed from the ground upward except for planting. In measuring a yard, as hereinafter provided, the line of a building shall be deemed to mean a line parallel to the nearest lot line drawn through the point of a building or the point of a group of buildings nearest to such lot line, and the measurement shall be taken at right angles from the line of the building to the nearest lot line.
Yard, front. "Front yard" means a yard lying between the front line of the lot and the nearest line of the main building and extending across the full width of the lot.
Yard, rear. "Rear yard" means a yard lying between the rear line of the lot and the nearest line of the main building and extending across the full width of the lot.
Yard, side. "Side yard" means a yard lying between the side line of the lot and the nearest line of the main building and extending from the front yard to the rear yard, or, in the absence of either of such yards, to the front or rear lot line, as the case may be.
(Ord. 107 § 1, 1998; Zoning ordinance, Art. 8)
(Ord. No. 128, § 1, 5-16-11)