Town of Pinetop-Lakeside, AZ: Definitions.

For the purposes of these regulations, certain words are defined:

means a person aggrieved by a decision of the Community Development Director, the legislative body or Planning and Zoning Commission who owns or leases the affected property, the adjacent property, or property within three hundred (300) feet from the boundary of the affected property, an officer or a department of the municipality affected by a decision of the legislative body or Planning and Zoning Commission; provided, that for appeals to the Navajo County Superior Court the definition of "Aggrieved Party" shall be governed by A.R.S. § 9-462.06, as may be amended.

"Airport"

means a landing area used regularly by aircraft for receiving or discharging passengers or cargo.

"Heliport"

means a landing area solely for the use of helicopter. A heliport may include one (1) or more helipads.

"Landing area"

means any locality, either land or water, including airports, and landing fields, which is used or intended to be used for the landing and take-off of aircraft, whether or not facilities are provided for the shelter, servicing or repair of aircraft, or for receiving or discharging passengers or cargo.

"Landing area boundary"

means the outer limit of the land or water of a landing area.

"Alley"

means a passage or way open to public travel which affords generally a secondary means of vehicular access to abutting lots and is not intended for general traffic circulation.

"Alley line"

means the boundary which separates the right-of-way of an alley from the abutting property.

"Area of jurisdiction"

means that area within the incorporated limits of the Town.

"Automobile graveyard"

means any establishment or place of business which is maintained, used, or operated for storing, keeping, buying, or selling wrecked, scrapped, ruined, or dismantled motor vehicles or motor vehicle parts.

"Basement"

means that portion of a building between floor and ceiling which is partly below and partly above grade, but so located that the vertical distance from grade to floor below is less than the vertical distance from grade to ceiling.

"Boarding house"

means a building where, for compensation and by prearrangement for definite periods, meals, or lodging and meals, are provided for three (3) or more persons, but not exceeding twenty (20) persons.

"Buildable area"

means the portion of a lot which is within the envelope formed by the required yards. See "Yard, Required."

10.

"Building"

means a structure having a roof supported by columns or walls for housing, shelter or enclosure of persons, animals, chattels or property of any kind.

11.

"Building, accessory"

means a building or structure which is subordinate to, and the use of which is incidental to, that of the principal building, structure, or use on the same lot.

12.

"Building, community"

means a public building designed or used for community activities of an educational, recreational or public service nature.

13.

"Building height"

means the vertical distance from grade to the highest point of the roof.

14.

"Building, principal"

means a building in which is conducted the principal use of the lot on which it is situated. In a residential zoning district any dwelling is deemed to be the principal building on the lot on which it is situated.

15.

"Carport"

means a roofed structure with two (2) or more open sides under which a vehicle may be driven.

16.

"Cellar"

means that portion of a building between floor and ceiling which is partly below and partly above grade, but so located that the vertical distance from grade to floor below is greater than the vertical distance from grade to ceiling.

17.

"Condominium"

means 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.

18.

"Corral"

means a pen or enclosure for containing animals. (Does not include a pasture.)

19.

"County Health Department"

means the Navajo County Health Department.

20.

"Deteriorated" or "deterioration"

means an excessive lowering in the quality of the condition or appearance of a building or structure or any part thereof, characterized by the process of decay or degeneration, holes, breaks, rot, leaning, collapse, crumbling, cracking, rusting, substantial peeling of paint, vermin infestation, exposed electric wiring, leaking or inoperable plumbing, unsafe conditions, or crumbling asphalt or concrete; or by being used by one (1) or more persons for criminal activity; or by any other evidence of physical decay, excessive neglect, or lack of maintenance.

21.

"Dwelling"

means a building or portion thereof designed or used exclusively for residential occupancy, including single-family, two (2) family, and multi-family dwellings, but not including hotels, boarding and lodging houses.

22.

"Dwelling group"

means a group of three (3) or more buildings which occupy a parcel of land in one (1) ownership and have a yard in common.

Dwelling, Multiple.

"Multiple dwelling" means a building or portion thereof designed for occupancy by three (3) or more families.

Dwelling, Single-Family.

(See "Single-family residence.")

Dwelling, Duplex.

"Duplex dwelling" means a building designed for occupancy by two (2) families.

Dwelling, Unit.

"Unit dwelling" means one (1) or more rooms in a dwelling designed for occupancy by one (1) family for living purposes and having its own cooking and sanitary facilities.

23.

"Family"

means one (1) or more persons occupying a premises and living as a single housekeeping unit as distinguished from a group occupying a boarding house, lodging house, or hotel as herein defined.

24.

"Farm"

means an area of not less than two (2) contiguous acres which is used for the commercial production of farm crops such as vegetables, fruit trees, grain and other crops and their storage on the area, as well as the raising thereon of farm poultry and farm animals, such as horses, cattle and sheep for commercial purposes. Swine are not permitted within the Town. The term "farm" includes the operating of such an area for one (1) or more of the above uses, including dairy farms, with the necessary accessory uses for treating or storing the produce; provided, that the operation of any such accessory use is secondary to that of the farm activities; and provided further, that the farm activities do not include commercial pen feeding or commercial feed lots, or the commercial feeding of garbage or offal to animals.

25.

"Floor area"

means the sum of the gross horizontal areas of every floor of all buildings on the lot measured from the exterior faces of the exterior walls or from the centerline of walls separating the buildings, including basement floor area, elevator shafts and wells at each floor, floor space used for mechanical equipment, penthouses, attic space whether or not a floor has actually been laid and having headroom of seven (7) feet or more, interior balconies and mezzanines, and enclosed porches, but not including any space devoted to parking, or to loading and unloading.

26.

Garage, Private.

"Private garage" means an accessory building or portion of a principal building designed or used for the parking or temporary storage of motor vehicles of occupants in the building to which such garage is accessory, but not including the parking or temporary storage of delivery or truck motor vehicles having a capacity in excess of one (1) ton.

27.

Garage, Public.

"Public garage" means a building or portion thereof, other than a private garage, designed or used for servicing, repairing, equipping, hiring, selling or storing motor vehicles.

28.

Grade.

For buildings having walls adjoining one (1) street only, the elevation of the sidewalk at the center of the wall adjoining the street, or if there is no sidewalk, then the elevation of the roadway at the center of the wall adjoining the street.

For buildings having walls adjoining more than one (1) street, the average of the elevation of the sidewalk at the centers of all walls adjoining the streets, or if there is no sidewalk, then the average of the elevation of the roadway at the centers of all walls adjoining the street.

For buildings having no walls adjoining the street, the average level of the finished surface of the ground adjacent to the centers of all exterior walls of the building.

Any wall parallel or nearly parallel to and not more than five (5) feet from a street line is to be considered as adjoining the street.

29.

"Guest"

means any transient person who rents or occupies a room for sleeping purposes.

30.

"Guest ranch"

means a building or group of buildings containing two (2) or more guest rooms, other than a boarding house, hotel or motel, and including outdoor recreational facilities such as, but not limited to, horseback riding, swimming, tennis courts, shuffleboard courts, barbecue and picnic facilities and dining facilities intended only for the use by guests of the guest ranch.

31.

"Guest room"

means a room which is designed for occupancy by one (1) or more guests for sleeping purposes, but having no cooking facilities and not including dormitories.

32.

"Home occupation"

means an activity or pursuit in which the owner or possessor of a home is engaged and which is a permitted or accessory use in residential districts conducted in accordance with Section 17.104.130. All home occupations shall be conducted in such a manner that they are compatible with the residential character of the neighborhood.

33.

"Hospital"

means an institution for the diagnosis, treatment or other care of human ailments. The term "hospital" is deemed to include sanitarium, preventorium, clinic, rest home, nursing home, convalescent home and maternity home.

34.

"Hotel"

means a building in which lodging or boarding and lodging are provided for more than twenty (20) persons and offered to the public for compensation and in which ingress and egress to and from all guest rooms are made through an inside lobby or office.

35.

Hotel, Resort.

"Resort hotel" means a building or group of buildings, other than a motel, boarding house or lodging house, containing individual guest rooms, suites or guest rooms, and dwelling units, and which furnishes services customarily provided by hotels.

36.

"Junk"

means any old scrap copper, brass, rope, rags, batteries, paper, trash, wood and rubber debris, waste, or junked, dismantled, or wrecked automobiles, or parts thereof, iron, steel, and other old or scrap ferrous or nonferrous material.

37.

"Junkyard"

means an establishment or place of business which is maintained, operated, or used for storing, keeping, buying, or selling junk, or for the maintenance or operation of an automobile graveyard. The term "junkyard" includes garbage dumps and sanitary fills.

38.

"Kennel"

means any establishment at which dogs and cats are bred or raised for sale, or boarded, cared for, commercially or on a nonprofit basis, exclusive of dental, medical or surgical care, or for quarantine purposes.

39.

"Labor camp"

means any camp or similar place of temporary abode, establishment by or for the care of workmen engaged in construction, repair or alteration work on roads or highways, railroads, or in lumbering or agricultural operations, or in other industrial activities.

40.

Laundry, Self-Service.

"Self-service laundry" means a building within which clothes washing and drying machines, and clothes dry cleaning machines, either coin operated or attendant operated, are provided on a rental basis for use by individuals for doing their own laundry and dry cleaning. Self-service laundry does not include outdoor drying facilities.

41.

"Loading and unloading spaces"

means a permanently maintained space on the same lot as the principal building accessible to a street or alley and not less than ten (10) feet in width, twenty (20) feet in length, and fourteen (14) feet in height.

42.

"Lodging house"

means a building where lodging only is provided for compensation to three (3) or more persons, but not exceeding twenty (20) persons.

43.

"Lot"

means any lot, parcel, tract of land, or combination thereof shown on a plat of record or recorded by metes and bounds that is occupied or intended for occupancy by a use permitted in these regulations, including one (1) principal building together with its accessory buildings, the unbuilt lot area and parking spaces required by these regulations, and having its principal frontage upon a street or upon an officially approved place.

44.

"Lot area"

means the area of a horizontal plane within the lot lines of a lot.

45.

Lot, Corner.

"Corner lot" means a lot which has an interior angle of one hundred thirty-five (135) degrees or less at the intersection of two (2) street lines. A lot abutting upon a curved street is considered a corner lot if the tangents to the curve at the points of intersection of the side lot lines intersect at an interior angle of one hundred thirty-five (135) degrees or less.

46.

"Lot coverage"

means the percentage of the area of a lot which is occupied by all buildings or other covered structures.

47.

"Lot depth"

means, for lots having front and rear lot lines which are parallel, the shortest horizontal distance between such lines; for lots having front and rear lot lines which are not parallel, the shortest horizontal distance between the midpoint of the front lot line and the midpoint of the rear lot line; and for triangular shaped lots, the shortest horizontal distance between the front lot line and line within the lot, parallel to and at a maximum distance from the front lot line, having a length of not less than ten (10) feet.

48.

Lot, Interior.

"Interior lot" means a lot other than a corner lot.

49.

Lot, Key.

"Key lot" means a lot adjacent to a corner lot having its side lot line in common with the rear lot line of the corner lot and fronting on the street which forms the side boundary of the corner lot.

50.

"Lot line"

means any line bounding a lot.

51.

Lot Line, Front.

"Front lot line" means the boundary of a lot which separates the lot from the street; and in the case of the corner lot, the front lot line is the shorter of the two (2) lot lines separating the lot from the street except that where these lot lines are equal or within fifteen (15) feet of being equal, either lot line may be designated the front lot line but not both.

52.

Lot Line, Rear.

"Rear lot line" means the boundary of a lot which is most distant from, and is, or is most nearly, parallel to the front lot line; except that in the absence of a real lot line, as in the case of the triangular shaped lot, the rear lot line may be considered as a line with the lot, parallel to and at a maximum distance from the front lot line, having a length of not less than ten (10) feet.

53.

Lot Line, Side.

"Side lot line" means the boundary of a lot which is not a front lot line or a rear lot line.

54.

"Lot of record"

means a lot which is part of a subdivision, the plat of which has been recorded in the Office of the County Recorder of Navajo County; or a lot, parcel or tract of land, the deed of which has been recorded in the Office of the County Recorder of Navajo County.

55.

Lot, Through.

"Through lot" means a lot having a pair of opposite lines abutting two (2) streets, and which is not a corner lot. On such lot, both lot lines are front lot lines.

56.

Lot Width.

The width of a lot is the shortest distance between the side property lines measured at the front lot line, except along cul-de-sac lots where the following apply:

If the side property lines are not parallel, but are fan-shaped and on a curved frontage with a radius of less than one hundred (100) feet, width of the lot shall be the length of a line at right angles to the lot axis, at a distance midway along the lot axis line measured from the front lot line to the rear lot line. The axis of the lot shall be determined by a line through the midpoint of the rear lot line and through the midpoint of the curve length of the front lot line.

If the side property lines are not parallel, width of the lot shall be the length of a line at right angles to the axis of the lot, at a distance equal to the required front or rear building setback lines, whichever is the lesser. The axis of a lot shall be a line generally perpendicular to the fronting street which divides the lot into two (2) equal parts.

57.

"Mobile home" or "manufactured home"

means a dwelling unit, factory built and factory assembled, bearing a label certifying it is constructed in compliance with the Federal Manufactured Housing Construction and Safety Standards Act of 1974 (the HUD Code, which became effective on June 15, 1976), designed for conveyance after fabrication, on streets and highways on its own wheels or on flatbed 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 locating on blocks, permanent visible foundation and connection to utilities.

58.

"Mobile home, manufactured home park"

means any parcel of land upon which two (2) or more mobile homes or manufactured homes, occupied for dwelling or sleeping purposes, are located regardless of whether or not a charge is made for such accommodations.

59.

"Mobile home, manufactured home space"

means a plot of ground within a mobile home, manufactured home park designed for the accommodation of one (1) mobile home, or manufactured home, together with its accessory structures, including carports, ramadas, cabanas, patios, patio covers, awnings, and similar appurtenances.

60.

"Mobile home, manufactured home subdivision"

means a subdivision designed and intended for residential use where residence is in mobile homes, manufactured homes, and/or modular homes exclusively.

61.

"Modular home"

means a dwelling unit fabricated, either wholly or partially, off site that is transported to the site and assembled on a conventional home foundation. A modular home meets the standards of the Uniform Building Code, Uniform Mechanical Code, Uniform Plumbing Code, and National Electrical Code as adopted by the Town.

62.

"Motel"

means a building or group of buildings containing guest rooms or dwelling units, some or all of which have a separate entrance leading directly from the outside of the building with garage or parking space located on the lot and designed, used or intended wholly or in part for the accommodation of automobile transients. "Motel" includes motor courts, motor lodges and tourist courts, but not manufactured home parks or travel trailer parks.

63.

"Nonconforming use"

means the lawful use of any building, lot, parcel or tract of land existing at the time the ordinance codified in this chapter, or amendments thereto, becomes effective which does not conform with the use regulations of the zoning district in which it is located.

64.

"Open space"

means a zoning district designation and a single lot or larger.

65.

"Parking lot"

means an area, other than a street or alley, devoted to unenclosed parking spaces.

66.

"Parking space"

means a permanently surfaced area, enclosed or unenclosed, of not less than eight (8) feet, six (6) inches in width and having an area of not less than one hundred eighty (180) square feet, together with a driveway connecting the parking space with a street or alley and permitting ingress and egress of an automobile.

67.

"Pasture"

means a field, plot or area set aside for the grazing of allowable livestock. All allowable livestock shall be kept confined by stock-tight fences or other restraints of sufficient strength and durability to prevent the livestock from roaming at large. Usable pasture is the area exclusive of coverage by dwelling units, accessory buildings (except accessory buildings used exclusively for the care and keeping of allowable livestock), parking and driveway areas.

68.

"Qualified forester"

means a person who has knowledge and practical experience in forestry or a related science and has been recently employed as a professional in the field of forestry.

69.

"Recreational vehicle (RV)"

means a vehicular type unit, not exceeding eight (8) feet in width nor more than forty (40) feet in length, primarily designed as temporary living quarters for recreational, camping or travel use. The unit may have its own motive power or may be mounted on or drawn by another vehicle upon the highway.

70.

"Recreational vehicle (RV) park"

means any parcel of land upon which two (2) or more recreational vehicles, for dwelling or sleeping purposes, are located regardless of whether or not a charge is made for such accommodations.

71.

"Recreational vehicle (RV) space"

means a plot of ground within a recreational vehicle (RV) park designed for the accommodation of one (1) recreational vehicle together with its accessory structures including carports or other off-street parking areas, storage lockers, ramadas, cabanas, patios, patio covers, awnings and similar appurtenances.

72.

"School"

means an institution of learning, such as elementary and secondary schools, colleges and universities, which offers instruction in several branches of learning and study, but not including business colleges, nursery schools, dancing schools, riding academies, or trade or vocational schools.

73.

"Service station"

means a building or use devoted to the retail sale of fuels, lubricants, and other supplies for motor vehicles, including minor repair or activities which are subordinate to the sale of petroleum products.

74.

"Setback line"

means a line which defines the future right-of-way of streets.

75.

"Single-family residence"

means a building designed for occupancy by one (1) family, not including mobile homes, manufactured homes, or recreational vehicles.

76.

"Single-family residential complex"

means a group of single-family dwellings designed for individual separate ownership with unified management that provides common services and outdoor recreational facilities, but not including public bars, public restaurants or any commercial activity in connection therewith.

77.

"Story"

means that portion of a building, other than a cellar, included between the surface of any floor and the surface of the floor next above it, or, if there is no floor above it, then the space between the surface of such floor and the ceiling or roof above it.

78.

"Street"

means all property dedicated or otherwise reserved for public or private street uses, or having thereon a public easement for such use.

79.

"Street line"

means the boundary which separates the right-of-way of a street from the abutting property.

80.

"Structural alteration"

means any change in the supporting members of a building, such as bearing walls or partitions, columns, beams or girders, or any complete rebuilding of the roof or exterior walls.

81.

"Structure"

means anything constructed or erected which requires location on the ground and attached to something having location on the ground, including mobile homes and manufactured homes, but not including tents, vehicles or travel trailers.

82.

"Time share project"

means a project in which a purchaser receives the right in perpetuity, for life or for a term of years, to the recurrent, exclusive use or occupancy of a lot, parcel, unit or segment of real property, annually or on some other periodic basis, for a period of time that has been or will be allotted from the use or occupancy periods into which the project has been divided.

83.

"Townhouse development"

means a subdivision consisting of single dwellings constructed as part of a series of dwellings, all of which are either attached to the adjacent dwelling or dwellings by party walls, or are located immediately adjacent thereto with no visible separation between walls or roofs.

84.

"Unbuilt area"

means an area of land exclusive of structure or pavement.

85.

"Unbuilt common area"

means an area of land within a development that may include trails, drainage areas and recreational facilities held for the use of multiple parties.

86.

"Unbuilt lot area"

means any lot area exclusive of structure or paving.

87.

"Use"

means the purpose or purposes for which land or a building is occupied, maintained, arranged, designed or intended.

88.

Use, Accessory.

"Accessory use" means a use which is customarily incidental and subordinate to the principal use of a lot or a building, including bona fide servant or caretaker quarters, and located on the same lot therewith.

89.

Use, Principal.

"Principal use" means the main use of land or a building as distinguished from an accessory use.

90.

"Yard"

means the unbuilt lot area at grade level between a building and the adjoining lot lines, unoccupied and unobstructed by any portion of a structure from the ground upward, except as otherwise provided in these regulations. In measuring a yard for the purpose of determining the width of a side yard, the depth of a front yard, or the depth of a rear yard, the minimum horizontal distance between the lot line and the principal building is to be used; however, on any lot wherein a setback line has been established by the regulations of this title for any street abutting the lot, such measurement is to be taken from the principal building to the setback line. See "Yard, Required."

91.

Yard, Front.

"Front yard" means a yard extending across the front width of a lot and being the minimum horizontal distance between the street line and the principal building or any projection thereof, other than steps, unenclosed balconies and unenclosed porches. The front yard of a corner lot is the yard adjacent to the designated front lot line.

92.

Yard, Rear.

"Rear yard" means a yard extending between the side yards of a lot or between the side lot lines in the absence of side yards, and being the minimum horizontal distance between the rear lot line and the rear of the principal building or any projection thereof, other than steps, unenclosed balconies or unenclosed porches. On corner lots and interior lots, the rear yard is in all cases at the opposite end of the lot from the front yard.

93.

Yard, Required.

"Required yard" means the minimum unbuilt lot area as specified by the regulations of this title for front, rear and side yards, as distinguished from any yard in excess of the minimum required. See "Buildable area."

94.

Yard, Side.

"Side yard" means a yard between the building and the side lot line of a lot and extending from the front yard to the rear lot line as defined or along the full depth in absence of front and rear yards and being the minimum horizontal distance between a side lot line and the side of the principal building or any projection thereof, other than steps, unenclosed balconies or unenclosed porches. An "interior side yard" is defined as the side yard adjacent to a common lot line.

95.

"Zoning district"

means any portions of the incorporated area of the Town in which the same zoning regulations apply.

(Ord. 09-331 § 2 (Exh. A) (part); Ord. 15-393 § 1 (part); Res. 22-1646 (Exh. A); Ord. 22-455 § 1; Res. 23-1648 (Exh. A); Ord. 23-456 § 1)