Section 1.12 Definitions
For the purpose of this ordinance, certain words and terms used herein are defined as follows: All words used in the present tense include the future tense; all words in the plural number include the singular number, all words in the singular number include the plural number, unless the natural construction of the wording indicates otherwise. Gender shall be universal; any reference to one gender shall also implicitly refer to the other gender. The word "shall" is mandatory and not discretionary. Other words and phrases used in the ordinance shall have the following meanings:
Abutting: The condition of two (2) adjoining properties having a common property line or boundary, including cases where two (2) or more lots adjoin only a corner or corners.
Access or Access Way: The place, means, or way by which pedestrians and vehicles shall have safe, adequate and usable ingress and egress to a property or use as required by this ordinance.
Acre: An area of land containing forty-three thousand five hundred sixty (43,560) square feet.
Adaptive Lighting Controls: Devices such as motion sensors, timers and dimmers used in concert with outdoor light fixtures to vary the intensity or duration of operation of lighting.
Adjacent: Nearby, not distant or having a common endpoint or border.
Adjoining: Touching or bounding at a point or line.
Adult Oriented Facilities: Which shall include the following:
A. Adult Bookstore:
1. Having as a substantial portion of its stock in trade, videos, film, books, magazines and other periodicals depicting, describing, or relating to "specified sexual activities" or which are characterized by their emphasis on matter depicting, describing or relating to "specified anatomical areas", or
2. Having as a substantial portion of its stock in trade, books, magazines and other periodicals, and which excludes all minors from the premises or a section thereof.
B. Adult Live Entertainment Establishment: An establishment, which features topless female or bottomless dancers, go-go dancers, exotic dancers, strippers or similar entertainers.
C. Adult Theater: An enclosed building or open-air drive-in theater:
1. Regularly used for presenting any film or plate negative, film or plate positive, film or tape designed to be projected on a screen for exhibition or films, glass slides or transparencies, either in negative or positive form, designed for exhibition by projection on a screen depicting, describing or relating to "specified sexual activities" or characterized by an emphasis on matter depicting, describing or relating to "specified anatomical areas"; or
2. Used for presenting any film or plate negative, film, or plate positive, film or tape designed to be projected on a screen for exhibition, or films, glass slides or transparencies, either in negative or positive form, designed for exhibition by projection on a screen and which regularly excludes minors.
D. Specified Sexual Activities:
1. Human genitals in a state of sexual stimulation or arousal.
2. Acts of human masturbation, sexual intercourse, or sodomy.
3. Fondling or other erotic touching of human genitals, pubic region, buttocks, or breasts.
E. Specified Anatomical Areas:
1. Less than completely and opaquely covered: (a) human genitals, pubic region; (b) buttock; and, (c) breast below a point immediately above the top of the areola; and,
2. Human male genitals in a discernible turgid state, even if completely and opaquely covered.
Agriculture: The tilling of the soil, raising of crops, horticulture, viticulture, sulviculture, including all uses customarily incidental thereto but not including slaughterhouses, fertilizer yards, or plants for the reduction of animal matter, or any other industrial use which is similarly objectionable because of noise, odor, smoke, dust or fumes.
Airport: Any area which is used or is intended to be used primarily for the taking off and landing of aircraft, and any appurtenant areas which are used or intended to be used for airport buildings or facilities including open spaces, taxiways and tie-down areas, hangars, transition and clear zones, and other accessory buildings.
Alley: A right-of-way, dedicated to public use, affording a secondary means of access to abutting property and not intended for general traffic circulation.
Ambulatory Person: Any individual including one who uses a cane or other ambulatory support, who is physically and mentally capable, under emergency conditions, of finding a way to safety without assistance.
Amendment: In reference to this ordinance, a change in the wording or substance of this ordinance, or an addition or deletion or a change in the zone district boundaries or classifications of the zoning map.
Animal Hospital: Facilities for the care, treatment, and boarding of animals including facilities within the term "veterinary clinic."
Antique: A product that is old or exchanged because of value derived, because of oldness as respects the present age, and not simply because same is not a new product.
Appeal: An action which permits anyone to arrange for a hearing before an individual or a group other than the individual or group from whose decision the appellant seeks redress, or a first request for action, depending on context; Chapter 2 addresses the appeal procedures available to aggrieved parties.
Area of Jurisdiction: The Town of Fountain Hills as it exists now and as it is lawfully changed; plus any area allowed by Arizona Revised Statute outside of the corporate limits which permits review by the Town of Fountain Hills.
Automotive Junk: Any vehicle missing one or more body parts; or is incapable of operating under its own power; or is missing any wheels; or has missing or severely shattered glass which prohibits safe operation; or has one or more flat tires for a period of seventy-two (72) or more hours.
Automobile Repair: All aspects of the repair of motor vehicles including, but not limited to, lubrication, tune-up and preventive maintenance.
Automobile Sales: An agency selling motor vehicles and providing services commonly associated with motor vehicle sales.
Bar or Cocktail Lounge: An establishment whose primary business is the serving of alcoholic beverages to the public for consumption on the premises.
Basketball Court: A basketball court as defined by the National Federation State High School Association regulations.
Basement: A space in a structure that is partly or wholly below grade.
Bed and Breakfast Establishment: A dwelling in which the occupants of the dwelling provide, for compensation, the short term lodging and meals for guests, occupying not more than two (2) guest rooms, located within the same dwelling.
Board of Adjustment: (See Section 1.07).
Building: Any structure used for the support, shelter, housing or enclosure of persons, animals, chattels or property of any kind, with the exception of doghouses, playhouses and similar structures.
Building, Accessory: A building that does not share a livable, enclosed connection to the principal building, and that is subordinate to, and the use of which is customarily incidental to, that of the principal building on the same lot or parcel.
Building Area: The total areas, taken on a horizontal plane at the mean grade level, of the principal buildings and all accessory buildings, exclusive of uncovered porches, terraces and steps.
Building, Attached: A building which has at least part of a wall in common with another building, or which is connected to another building by a roof.
Building, Detached: A building, which is separated from another building or buildings on the same lot.
Building, Footprint: The area of the primary structure measured from the outside walls (excluding any overhanging portions) which includes indoor uses such as attached garage, carports, utility room, laundry, etc. (including covered patios and breezeways which are an integral part of the roof structure of the structure.
Building, Height of: The vertical distance measured at any point from the natural, pre-existing grade level or proposed grade, whichever is lower, to the highest point of the structure. If the structure is located in a platted subdivision where grading was done as a part of the subdivision’s improvements, the building height shall be the vertical distance measured at any point from the finished grade as shown on the subdivision grading plans or the natural, pre-subdivision grade, whichever is lower, to the highest point of the structure. If the structure has a basement, where the basement floor pad grade is lower than the preexisting grade and where all exterior walls to the basement are completely back-filled to the pre-existing grade and no ingress or egress is proposed directly from the basement to the exterior of the building, building height shall be measured at any point along the pre-existing grade to the highest point of the structure above that point. If the structure is proposed as a walk-out, where the walk-out or lower floor pad grade is lower than the pre-existing grade and where ingress and egress is proposed on only one side of the walk-out floor and where the other nonwalk-out sides of the walk-out floor are completely back-filled to the pre-existing grade and no ingress or egress is proposed directly from the nonwalk-out sides of the walk-out floor to the exterior of the building, building height above the walk-out level shall be measured at any point along the pre-existing grade to the highest point of the structure above that point. In the event that terrain problems prevent an accurate determination of height, the Zoning Administrator shall rule as to height and appeal from that decision shall be to the Board of Adjustment.
Building, Principal: 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 of the lot on which the same is situated. Guest houses or other accessory buildings with sleeping quarters shall not be considered a principal building.
Building Permit: A permit required for erection, construction, modification, addition to or moving of any building, structure or use in the incorporated area of the Town of Fountain Hills as more fully defined in Section 417 of the Uniform Building Code adopted by the Town Council.
Building Setback: The minimum distance as prescribed by this ordinance between any property line and the closest point of the foundation or any supporting post or pillar of any building or structure related thereto. (See: Yard, front, side and rear).
Campground: Any lot, parcel, or tract of land used, designed, maintained, and intended for rent of plots or sites to accommodate temporary camping by the traveling public with or without sanitary facilities and water, whether or not a charge is made for the use of the park and its facilities.
Cantilever: Any part of a structure projecting horizontally for more than three feet from the structure and anchored at one end only.
Canyon-side Lot: Within a single-family residential zoning district, any lot or parcel with slopes equal to or greater than 30% as determined using the methods described in Section 5.10 of this Zoning Ordinance.
Carport: A roof supported by pillars or cantilevers, which shelters a car or other vehicle. May either extend from a structure (usually a house) or be constructed separately (often to accommodate several cars).
Cemetery: Land used or intended to be used for the burial of the dead, and dedicated for such purposes, including columbaria, crematoriums, mausoleums and mortuaries when operated in conjunction with and within the boundaries of such premises.
Church: A permanently located building commonly used for religious worship fully enclosed with walls, but including windows and doors, and having a structurally solid and sound roof.
Clearing: The removal and disposal of all obstructions such as fences, walls, foundations, buildings and existing structures, and accumulations of rubbish of whatever nature. Also, the substantial removal of trees, also the substantial removal of trees, shrubs, cacti, and other indigenous vegetation, but not including grass and weeds considered to be a potential fire hazard.
Clinic: A place for the provision of group medical services, not involving overnight housing of patients.
Clubhouse: A building, located on a golf course with nine (9) or more holes, that contains one or more of the following facilities: pro shop for the retailing of clothing and golf accessories; the golf course's own cart rental and maintenance facility (does not include the golf cart sales and the maintenance of golf carts not owned by the golf course); restaurant with or without alcoholic beverage service; and the golf course's administrative office.
Cluster Housing: Houses built close together with little yard space and a large common area, rather than each house having a large separate yard.
Commission: The Town of Fountain Hills Planning and Zoning Commission. (See Section 1.06).
Common Open Space: Open space usable by all the people within a certain development and such area is owned by all the property owners in that development.
Community Corrections Facility: A facility, which provides lodging and meals and, primarily, counseling, treatment, and rehabilitation to adjudicated delinquents, parolees, and individuals in pre-release (transitional) or diversionary programs from correction institutions.
Community Development Director: The person appointed by the Town Manager to be the Community Development Director. If there is no such person designated by the Town Manager, the Town Manager is the Community Development Director.
Community Residence: A community residence is a residential living arrangement where individuals live as a family in a single dwelling unit who are in need of the mutual support furnished by other residents of the community residence as well as the support services, if any, provided by the staff of the community residence. Residents may be self-governing or supervised by a sponsoring entity or its staff, which provides habilitative or rehabilitative services related to the residents’ disabilities. A community residence seeks to emulate a biological family to foster normalization of its residents and integrate them into the surrounding community. Its primary purpose is to provide shelter in a family-like environment. Medical treatment is incidental as in any home. Supportive inter-relationships between residents are an essential component. Community residence includes sober living homes and assisted living homes but does not include any other group living arrangement for unrelated individuals who are not disabled nor any shelter, rooming house, boarding house or transient occupancy.
Condominium: 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.
Contiguous: In actual contact.
Convalescent Home: (Same as nursing home).
Corral: A pen or enclosure for confining animals.
Correlated Color Temperature (CCT): The temperature, in Kelvin, of a black body whose spectrum approximates the spectral power distribution of a given light source. Correlated color temperature is a measure of the quality of “warmness” or “coolness” of a lamp.
Council: Town Council of the Town of Fountain Hills, Arizona.
County: Maricopa County, Arizona.
Day Care Center: A residential facility in which care for nonresidents is provided for periods of less than twenty-four hours per day, for more than five (5) people.
Density: The average number of families, persons or housing units per unit of land; usually density is expressed "per acre." Thus, the density of a development of three hundred (300) units occupying forty (40) acres is seven and one-half (7.5) units per acre. The control of density is one of the basic purposes of zoning.
Disturbance: Clearing, grubbing, excavation and/or filling.
Drive-in Restaurant: Any establishment where food or beverages are dispensed and may be consumed on the premises, but outside a closed building.
Drive-in Theater: An open-air theater where the performance is viewed by all, or part, of the audience from motor vehicles.
Dwelling: A building or portion thereof, built in accordance to the building code adopted in the Town or, if built prior to incorporation, adopted by Maricopa County, designed exclusively for residential purposes, including single-family and multiple-family dwellings; but not including hotels, motels, boarding and lodging houses, fraternity and sorority houses, rest homes and nursing homes, or child care nurseries.
Dwelling, Multiple-Family: A building, built in accordance to the building code adopted in the Town or, if built prior to incorporation, adopted by Maricopa County, designed exclusively for occupancy by or occupied by two (2) or more families living independently of each other. Such building(s) shall have a connection, which is comprised, of a full ground to roof wall and a roof structure of not less than eight (8) feet in depth.
Dwelling, Single-Family: A detached building, built in accordance to the building code adopted in the Town or, if built prior to incorporation, adopted by Maricopa County, designed exclusively for occupancy by or occupied by one (1) family for residential purposes.
Dwelling, Two-Family: A building, built in accordance to the building code adopted in the Town or, if built prior to incorporation, adopted by Maricopa County, designed exclusively for occupancy by or occupied by two (2) families living independently of each other. Such building(s) shall have a connection, which is comprised, of a full ground to roof wall and a roof structure of not less than eight (8) feet in depth.
Dwelling Unit: A room or suite of rooms including permanent provisions for living, sleeping, eating, sanitation, and cooking, and designed or occupied as separate living quarters.
Easement: A specified area on a lot or parcel of land reserved or used for the location of and/or access to, utilities, drainage or other physical access purposes, or for preservation of undisturbed terrain for the benefit of the general public.
Elderly: A person who is sixty-five – (65) years of age or older.
Erect: The word "erect" includes build, build upon, add to, alter, construct, reconstruct, move upon, or any physical operations on the land, required for a building.
Excavation: The removal of earthen material, resulting in a lowering of the grade at the location.
Family: An individual, or two (2) or more persons related by blood or marriage, or a group of not more than four (4) persons not related by blood or marriage, living together as a single housekeeping group in a dwelling unit. In spirit but not direct application, families maintain legal domicile at the particular dwelling unit and legal ownership or tenancy of the dwelling unit as evidenced on a deed or lease.
Family Community Residence: A community residence with five (5) to eight (8) beds, including resident staff, that is a relatively permanent living arrangement with no limit on the length of tenancy as determined in practice or by the rules, charter, or other governing documents of the community residence. The minimum length of tenancy is typically a year or longer.
Farm: 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, cotton, 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. 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 feeding or offal to swine or other animals.
Fence: Any device built to enclose a parcel of land, to separate two (2) parcels of land, or to separate a parcel of land into different use areas.
Filling: The dumping or depositing of earthen material resulting in the raising of the grade at that location.
Floor Area: The gross square footage of a building. When considering minimum off-street parking area, floor area may also include the open land needed for service to the public as customers, patrons, clients, or patients, including area occupied by fixtures and equipment used for display or sale of merchandise.
Fractional Ownership Interest: A contractual right of occupancy in a Fractional Ownership Project, whether by membership, agreement, share, tenancy in common, sale, deed, license, right-to-use agreement or otherwise, where such right is divided into eleven (11) or more undivided interests, whether or not such interest is coupled with an estate in real property, where a purchaser, in exchange for consideration, receives a right to use a portion of a Fractional ownership Project for a period of time less than six months during any given year.
Fractional Ownership Interest shall include interests otherwise known as “Interval Ownership” or “Time Share Ownership.”
Fractional Ownership Project: A project consisting of any dwelling unit, hotel, lot or parcel in which a purchaser receives a Fractional Ownership Interest.
Front Plane of a Principal Building: A line running parallel to the front lot line and which touches the point of the principal building closest to the front property line.
Fully Shielded: Providing internal and/or external shields and louvers so that light rays emitted by the fixture, either directly from the lamp or indirectly from the fixture, are projected only below a horizontal plane running through the lowest point on the fixture where light is emitted or reflected.
Garage, Private: A building or portion thereof, used for the shelter or storage of self-propelled vehicles, or owned or operated by the occupants of a main building where there is no service or storage for compensation.
Garage, Public: Any building, except one herein defined as a "private garage" used for the storage of self-propelled vehicles or where any such vehicles are equipped for operation or kept for hire.
Glare: The sensation produced by luminance within the visual field that is sufficiently greater than the luminance to which the eyes are adapted to cause annoyance, discomfort, or loss in visual performance and visibility. The magnitude of glare depends upon such factors as the size, position, and luminance of the source and the luminance to which the eyes are adapted.
Grade: The elevation of the land.
Grade, Finished: Final elevation of the ground surface conforming to the approved grading plans.
Grade, Natural: Elevation of the natural or undisturbed ground surface prior to any grading operation. If "natural grade" can no longer be determined, then the grade elevation existing on September 20, 1991, as shown on the Town's topographical maps of that date, shall be used in lieu thereof. If a parcel of land is not shown on the September 20, 1991, topographical maps, "natural grade" shall be as shown on a topographical map that has been both prepared after September 20, 1991, and that is acceptable to the Town Engineer.
Grading: The process of changing gradients of land by contouring, smoothing or otherwise shaping land areas, by excavating, filling, or combination thereof.
Grubbing: The elimination of roots from the ground by digging or pulling.
Guest: Any transient person who rents or occupies a room or structure for sleeping purposes.
Guest House: Living or sleeping quarters within an accessory building for the sole use of occupants of the premises, guests of such occupants or persons employed on the premises. The accessory building may be attached to or detached from the main building. Such quarters shall not be rented, and/or otherwise used for income producing purposes.
Guest Ranch: 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 for the use primarily by guests of the guest ranch, but not including bars and restaurants which cater primarily to other than guests of the guest ranch.
Guest Room: A room designed for occupancy by one (1) or more guests for sleeping purposes, but having no cooking facilities and not including dormitories.
Handicapped: A person who: (a) has a physical or mental impairment which substantially limits one or more of such person's major life's activities so that such person is incapable of living independently; (b) has a record of having such an impairment; or (c) is regarded as having such an impairment. However, "handicapped" does not include current, illegal use of or addiction to a controlled substance as defined in the Controlled Substance Act (21 United States Code 802).
Hazardous Materials: Any substance characterized as flammable solids, corrosive liquids, radioactive materials, oxidizing materials, highly toxic materials, poisonous gases, reactive materials, unstable materials, hypergolic materials and pyrophoric materials and any substance or mixture of substances which is an irritant, a strong sensitizer or which generates pressure through exposure to heat, decomposition or other means.
Home Day Care Center: A residential facility in which care for nonresidents is provided for periods of less than twenty-four hours per day, for five or less people.
Home Occupation: Any occupation or profession which is incidental and subordinate to the use of the dwelling unit for dwelling purposes and which does not change the character thereof, and in connection with which there are no employees other than members of the immediate family residing in the dwelling unit. A home occupation may not generate traffic as a result of patronage and/or shipping and receiving of materials beyond five (5) trips a day. Shipping and receiving shall only be by a vehicle customarily used for residential purposes.
Hospital: Includes establishments known and licensed as general medical and surgical hospitals primarily engaged in providing diagnostic and medical treatment (both surgical and nonsurgical) to inpatients with any of a wide variety of medical conditions. These establishments maintain inpatient beds for patients who can stay for more than twenty-four (24) hours. These establishments usually provide other services, such as outpatient services, anatomical pathology services, diagnostic X-ray services, clinical laboratory services, operating room services for a variety of procedures, and pharmacy services. This definition shall not include nor have provisions for outpatient or inpatient services defined or classified under the umbrella of behavioral health, including chemical dependency, with the exception of emergent, initial point of care treatment typical of an emergency department.
Hotel: A building or group of buildings, other than a motel, boarding house or lodging house, containing individual guest rooms, suites of guest rooms, and dwelling units, and which furnishes services customarily provided by hotels.
Individual: Any private individual, tenant, lessee, owner or any commercial entity including, but not limited to, companies, partnerships, joint ventures or corporations.
Indoor Shooting Range: An enclosed permanent building open to the public or members of an organization where firearms are discharged at targets.
Initial Lumens: The lumens rating of a lamp when new, not including any age-related depreciation of light output.
Installed: Set up and fixed in position for use.
Junk: Any old or scrap metal, rope, rags, batteries, paper, trash, wood, glass, plastic and/or rubber debris, waste, or junked dismantled, or wrecked automobiles, or parts thereof, iron, steel, and other old or scrap ferrous or nonferrous material.
Junkyard: Any land or building used for the abandonment, storage, keeping, collecting, or baling of paper, rags, scrap metals, other scrap or discarded materials, or for the abandonment, demolition, dismantling, storage, or salvaging of automobiles or other vehicles not in running condition, or machinery, or parts thereof.
Kennel: Any premises where more than four (4) dogs or cats are bred, boarded, and/or trained. Having one litter up to six (6) weeks of age is not considered to be a kennel.
Kitchen: Any room in a building or dwelling unit, which is used or intended to be used for cooking or the preparation of food.
Landscaping: An area which has been improved through the harmonious combination and introduction of trees, shrubs, and ground cover, and which may contain natural topping material such as boulders, rock, stone, granite or other approved material. The area shall be void of any asphaltic or concrete pavement except for pedestrian walkways.
A. "Fully-abutting" areas are those landscaped or revegetated areas, such as a disturbed area that is proposed to look as if no disturbance activity has occurred, where natural undisturbed areas abut one or both sides of a revegetated area.
B. "Partially-abutting" areas are those landscaped or revegetated areas, such as a disturbed area that is proposed to look as if no disturbance activity has occurred, where natural undisturbed areas abut one side of a revegetated area.
C. "Nonabutting" areas are those landscaped or revegetated areas that are not intended to fully resemble the preexisting natural undisturbed landscaping of the site.
Laundry, Self Service: 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 or dry cleaning. Self-service laundry does not include outdoor drying facilities.
Lot: A single piece of property located in a recorded subdivision,having frontage on a publicly dedicated and accepted street or an approved private road, which is described and denoted as such.
Lot Area: The total horizontal area within the lot lines of a lot.
Lot, Canyon-side: Within a single-family residential zoning district, any lot or parcel with slopes equal to or greater than thirty (30) percent as determined using the methods described in Section 5.10 of this Zoning Ordinance.
Lot, Corner: A lot that 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.
Lot Coverage: That portion of a lot or building site, which is occupied by any building or other covered structure, excepting paved areas, walks and swimming pools.
Lot Depth: The horizontal length of a straight line connecting the midpoints of the front and rear lot lines.
Lot Frontage: The horizontal length of the front lot line.
Lot, Interior: A lot other than a corner lot.
Lot, Key: A lot adjacent to a corner lot having its side lot line in common the rear lot line of the corner lot and fronting on the street that forms the side boundary of the corner lot.
Lot Line: The line bounding a lot.
Lot Line, Front: In the case of an interior lot, a line separating the lot from the street right-of-way. In the case of a corner lot, the narrower of the two lot lines adjoining a street right-of-way.
Lot Line, Rear: A lot line, which is opposite and most distant from the front lot line. In the case of a lot having five (5) or more sides, the rear lot line shall be any lot line, other than the front lot line, which intersects a side or a street side lot line at any angle less than one hundred thirty-five (135) degrees.
Lot Line, Side: Those lot lines other than a street side lot line that connects the front and rear lot lines.
Lot Line, Street Side: That lot line or lines on a corner lot adjoining a street right-of-way that connects the front lot line to a rear lot line.
Lot, Through: A lot, which has street right-of-way frontage on two nonadjoining sides.
Lot Width: For rectangular lots, lots having side lot lines not parallel, and lots on the outside of the curve of a street, the distance between side lot lines measured at the required minimum front yard line on a line parallel to the street or street chord; and for lots on the inside of the curve of a street, the distance between side lot lines measured thirty (30) feet behind the required minimum front yard line on a line parallel to the street or street chord.
Lumen: The SI (International System of Units) unit of light output. A lumen is approximately the amount of light that falls on a one – square – foot surface one foot away from a candle flame.
Luminaire: A body that gives light.
Manufacturing: The fabricating or assembling of materials into finished or partially finished products by hand or by the use of machinery.
Massage Establishment: Any establishment having its place of business where any person, firm, association or corporation engages in or carries on or permits to be engaged in or carried on any massage activities defined as any method of pressure on, friction against, or stroking, kneading, rubbing, tapping, pounding, vibrating, or stimulating of external soft parts of the body with the hands or with the aid of any mechanical apparatus or electrical apparatus or appliance.
Master-Planned Village Sales and Information Center: A facility that meets the adopted version of the Uniform Building Code of the Town of Fountain Hills, that is used as an information/sales facility by the developer of a master-planned village.
Master-Planned Village: A development containing over 200 contiguous acres contained in a master subdivision plat by a single developer.
Mobile Home: A structure transportable in one or more sections, including the plumbing, heating, air conditioning and electrical systems contained in such structure which meets the standards specified in the National Manufactured Housing and Safety Standards Act of 1976, as amended, which erected on site meets all of the following criteria: (a) eight (8) body feet or more in width; (b) Thirty-two (32) body feet or more in length; (c) built on a permanent chassis; and (d) designated to be used as a portable home with or without a permanent foundation, and shall be classified as a mobile home whether or not its wheels, rollers, skids or other rolling equipment have been removed. For purposes of these regulations, mobile homes are a special form of single-family detached dwellings and are subject to such special regulations as are set forth herein and shall not be considered a modular or factory built building as defined in this section.
Mobile Home Park: Any lot, parcel or tract of land, designed, maintained, used and intended for rent or lease of individual lots or sites to accommodate one or more mobile homes, including all buildings, structures, vehicles, accessory buildings, and appurtenances to be used or intended as equipment as a trailer court park, whether or not a charge is made for the use of the site or the use of its facilities. A mobile home park does not include lots upon which unoccupied mobile homes or unoccupied travel or commercial trailers are parked for display, inspection, and sale.
Mobile Structure: A movable or portable structure thirty-two (32) feet or more in length and eight (8) feet or more in width, constructed to be towed on its own chassis and designed so as to be installed with or without a permanent foundation for occupancy classification as an office, retail store, airport hangar, classroom, or any other occupancy classification. It may include one or more components that can be retracted for towing purposes and subsequently expanded for additional capacity, or two (2) or more units separately towable, which can be joined to form a single unit. The removal of the wheels and running gear shall not change the meaning of this term.
Mobile Home Subdivision: A subdivision designed for residential use where the residences are mobile homes and structures conforming to the adopted building codes of the Town.
Modular or Factory Built Buildings: A building complying with the adopted building codes of the Town which is manufactured, constructed, or fabricated off-site and capable of being towed to a permanent site to be installed on a permanent foundation. Does not include a mobile home. Such a structure must be certified by the Office of Manufactured Housing of the State of Arizona.
Motel: A building or group of buildings containing guest rooms or apartments each of which maintains a separate entrance, used primarily for the accommodation of motorists, and providing automobile parking space on the premises.
Native Vegetation: Indigenous plant materials of the Sonoran Desert.
Natural: The condition of the land, vegetation, rocks, and other surface features, which have not been, physically disturbed, changed or added to by any action of man or machine.
Nit: A unit of measurement of luminance, or the intensity of visible light, where one nit is equal to one candela per square meter. Nits are used to describe the brightness of display devices such as televisions, computers, and electronic message boards.
Nonconforming Structure: A structure which was lawfully erected prior to the adoption of this ordinance but which, under this ordinance, does not conform with the standards of coverage, yard spaces, height of structures or distance between structures prescribed in the regulations for the district in which the structure is located.
Nonconforming Use: The use of a structure or land which was lawfully established and maintained prior to the adoption of this ordinance but which, under this ordinance, does not conform to the use regulations for the district in which it is located.
Nuisance: Anything, condition or use of property, which endangers life or health, gives offense to the senses, and/or obstructs the reasonable and comfortable use of other property.
Nursing Home: A structure operated as a lodging house in which nursing, dietary and other personal services are rendered to convalescents, not including persons suffering from contagious diseases, and in which surgery is not performed and primary treatment, such as customarily is given in hospitals and sanitariums, is not provided. A convalescent home shall be deemed a nursing home.
Nursery: A commercial operation for the growth and sale of plants, storage of equipment for landscaping and the wholesale or retail sale of commercial gardening supplies.
Office: A room or rooms and accessory facilities for the managing or conducting of a business.
Off-Street Loading and Unloading Space: A designated off-street space located on the same site as the site for which berths are required for temporary parking of motor vehicles for active loading and unloading of merchandise or materials.
Open Space: Any parcel or area of land or water unimproved or improved and set aside, dedicated, designated, or reserved for the public or private use and enjoyment of owners and occupants of land adjoining or neighboring such open space.
Outdoor Light Fixture: An artificial illuminating fixture, lamp, or other device, located in the open air, not within an enclosed structure, that is permanent or portable, and is used for illumination or advertisement. Such devices shall include, but are not limited to, search, spot or floodlights for:
1. Buildings and structures
2. Recreation areas
4. Landscape lighting
5. Billboards and other signage (advertising or other)
6. Street lighting.
Park: A public or private parcel of land developed and used for passive or active recreation.
Parking Area: An area designed and constructed, and used exclusively for the parking, storage and maneuvering of vehicles.
Parking Shade Structures: A roofed, detached, accessory structure, which may be lighted, with four (4) open sides, designated or used exclusively for the parking and sheltering of operable motor vehicles.
Parking Space: A permanently surfaced area, enclosed or unenclosed, of not less than nine (9) feet in width, and nineteen (19) feet in depth, together with a driveway connecting the parking space with a street and permitting ingress and egress of the automobile, (See Chapter 7).
Partially shielded: As applied to outdoor lighting fixtures, means a fixture that is shielded so that the bottom edge of the shield is below the plane centerline of the light source (lamp), minimizing the emission of light above the horizontal plane.
Planned Unit Development: A development of five (5) or more acres in size, in which flexibility can be permitted in lot size, lot width, lot coverage, and setbacks, in order to encourage more creative and imaginary design, thereby preserving natural features, protecting environmentally-sensitive areas and/or providing usable open spaces within the development.
Planning and Zoning Commission: The Town of Fountain Hills Planning and Zoning Commission.
Professional Office: Any building, structure, or portion thereof, used or intended to be used as an office for a lawyer, architect, engineer, surveyor, planner, optometrist, accountant, doctor, dentist, or other similar professions.
Public Building: Facilities for conducting public business occupied by various public agencies. This includes all federal, state, county, and town offices and buildings.
Public Hearing: A hearing held to receive public testimony as required by law.
Public Meeting: A meeting held in conformance to the Arizona Open Meeting Law as contained in A.R.S. 38-431 et seq.
Public Utility: Private or public facilities for distribution of various services, such as water, power, gas, communication, etc., to the public.
Recreation Facilities: Includes buildings, structures or areas built or developed for purposes of entertaining, exercising or observing various activities participated in either actively or passively by individuals or organized groups.
Recreational Vehicle: A vehicular type unit 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. This includes motor homes, self-contained travel trailers, and campers.
Recreational Vehicle Park: Facilities for the temporary storage, parking and maneuvering of recreational vehicles (motor homes, travel trailers, campers, etc.) with adequate roads and stall sites, including sanitary and water facilities. Site locations are provided on a day-to-day basis. Does not constitute a mobile home park and may not allow mobile homes.
Restaurant: An establishment whose primary business is the serving of food to the public.
Retail Store: A commercial business for selling goods, services, wares or merchandise directly to the customer, but not including a professional office.
Retaining Wall: A wall or terraced combination of walls used to retain earth, but not directly supporting the wall of a building, including stacked rock and imbedded boulder walls.
Revegetation: The replacement of indigenous living plant materials on areas where the natural vegetation has been removed. The areas include disturbed natural areas and man-made cut and fill slopes.
Riprap Material: Material that is a loosely composed layer of rocks and stones used to hinder the flow of water, thereby preventing erosion.
Right-of-Way (ROW): Includes any public or private right-of-way and includes any area required for public use pursuant to any official plan.
Satellite Dish Antenna: A device incorporating a reflective surface that is solid, open mesh, or bar configured and is in the shape of a shallow dish, cone, horn, or cornucopia. Such device shall be used to transmit and/or receive radio or electromagnetic waves between terrestrially and/or orbitally based stations. This definition is meant to include but not be limited to what are commonly referred to as satellite earth stations, television reception-only (TVRO's), and satellite microwave antennas.
School, Elementary, Junior High, High School, College, or Junior College: Public and other nonprofit institutions conducting regular academic instruction at kindergarten, elementary, secondary, and tertiary levels. Such institutions shall offer general academic instructions equivalent to the standards prescribed by the State Board of Education or the State Board of Regents.
School, Nursery: A school or the use of a site or a portion of a site for an organized program devoted to the education or day care of five (5) or more children of elementary school age or younger, other than those residents on the site. This includes day care centers.
School, Private or Parochial: An institution conducting regular academic instruction at kindergarten, elementary, secondary, and tertiary levels operated by a nongovernmental organization.
School, Trade: Schools offering instruction in the technical, commercial or trade skills, such as real estate schools, business colleges, electronic schools, automotive and aircraft technician schools and similar commercial establishments operated by a nongovernmental organization.
Service Station: An occupancy engaged in the retail sales of gasoline, oil, tires, batteries, and new accessories and which provides for the servicing of motor vehicles and operations incidental thereto, including: automobile washing, waxing and polishing, tire changing and repairing, but not including recapping. May also include battery service, radiator cleaning, flushing and repair, installation of minor accessories, lubrication of motor vehicles, rental of utility trailers, testing, adjustment and replacement of motor parts and accessories.
Shelter Care: Short term residential care facilities providing lodging on a temporary basis, meals and counseling to individuals and groups such as, but not limited to, the homeless, pregnant teenagers, victims of domestic violence, neglected children, and runaways.
Shopping Center: A group of retail stores or professional offices planned and designed for the site on which it is built, functioning as a unit, with off-street parking, landscaped areas and pedestrian malls or plazas provided on the property as an integral part of the unit.
Significantly Altered Lot: A residential lot, upon which new construction is occurring on the lot resulting in:
A. Greater than 50% of the lot’s yard area being disturbed; or
B. Greater than 1,000 square feet of the lot’s yard area being disturbed.
Stable: A detached accessory structure including, but not limited to, a corral or paddock for the keeping of one or more horses owned by the occupants of the premises and which are not kept for remuneration, hire or sale.
Stable, Commercial: A structure including, but not limited to, a corral or paddock for the keeping of horses for remuneration, hire or sale.
Store: A building where manufactured or ready-made items can be purchased.
Story: That portion of a building included between the surface of any floor and the finished ceiling next above it or the finished undersurface of the roof directly over the particular floor.
Street: A right-of-way dedicated and accepted by the Town of Fountain Hills, for public uses, which provides the principal vehicular and pedestrian access to adjacent properties.
Street Line: The boundary line between street right-of-way and abutting property.
Street, Public: A right-of-way, dedicated to and accepted by the Town of Fountain Hills, for public uses, which provides the principal vehicular and pedestrian access to adjacent properties.
Street Side Plane of a Principal Building: A line running parallel to the street side lot line and which touches the point of the principal building closest to the street side property line.
Structure: Anything constructed or erected which requires a fixed location on the ground, including a building or mobile home, but not including a fence or wall used as a fence.
Structural Alteration: 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.
Subdivision: Improved or unimproved land or lands divided for the purpose of financing, sale or lease, whether immediate or future, into four (4) or more lots, tracts or parcels of land, or, if a new street is involved, any such property which is divided into two (2) or more lots, tracts or parcels of land, or, any such property, the boundaries of which have been fixed by a recorded plat, which is divided into more than two (2) parts. "Subdivision" also includes any condominium, cooperative, community apartment, townhouse or similar project containing four (4) or more parcels, in which an undivided interest in the land is coupled with the right of exclusive occupancy of any unit located thereon, but plats of such projects need not show the buildings or the manner in which the buildings or airspace above the property shown on the plat are to be divided. "Subdivision" does not include the following:
A. The sale or exchange of parcels of land to or between adjoining property owners if such sale or exchange does not create additional lots.
B. The partitioning of land in accordance with other statutes regulating the partitioning of land held in common ownership.
C. The leasing of apartments, offices, stores or similar space within a building or trailer park, nor to mineral, oil or gas leases.
Supervisory Care Home: A residential care institution, which provides only supervisory care services to no more than four (4) ambulatory persons unrelated to the owner of such a home.
Swale: A low flat depression to drain off excess water.
Swimming Pool: Any permanent structure, containing or intended to contain water eighteen (18) inches or more in depth and/or eight (8) feet or more in width at any point.
Temporary Vehicle Storage Facility: Any land or building used for the temporary storage of abandoned, wrecked or legally impounded automobiles, boats, or other vehicles regardless of running condition. Such a facility is not a facility where dismantling of any vehicle, the storage of any vehicle parts, the retailing or wholesaling of any vehicle or vehicle parts may take place.
Town Council: The Mayor and Common Council of the Town of Fountain Hills.
Transitional Community Residence: A community residence with five (5) to six (6) beds, including resident staff, that provides a relatively temporary living arrangement with a limit on length of tenancy more than thirty (30) days and less than a year, as determined either in practice or by the rules, charter, or other governing document of the community residence.
Transmission Line, Overhead: An electrical power line, which is capable of conveying sixty-nine (69) thousand or more volts of power.
Travel Trailer: A portable structure without motive power, with wheels built on a chassis, designed as a temporary dwelling for travel, recreation, and vacation purposes, having a body width not exceeding eight (8) feet and a body length not exceeding thirty-two (32) feet.
Treatment Center: Facilities providing lodging and meals and, primarily, treatment, training or education as a part of an alcoholism or drug addiction program.
Use: The purpose for which a site or structure is arranged, designed, intended, constructed, moved, erected, altered or enlarged or for which either a site or structure is or may be occupied and maintained.
Use, Accessory: A use which is incidental, related, appropriate, and clearly subordinate to the lot or building, and which does not alter the principal use of the lot or building.
Use, Permitted: A use which is listed as a "permitted use" in any given zone district. Such use shall be allowed to be established within that zone district, subject to the specific requirements of this ordinance.
Use, Prohibited: Any use not specifically permitted or permitted by a special use permit is prohibited.
Use, Special: A use, which is listed as a "special use" in any given zoning district. Such use shall require a "special use permit" in order to be established within that zoning district, and shall be subject to all conditions and requirements imposed by the Town Council in connection with the special use permit.
Use, Temporary: A use, which is listed as a "temporary use" in any given zoning district. Such use shall require a "temporary use permit" in order to be established within that zoning district and shall be subject to all conditions and requirements imposed by the staff or Town Council, whichever issues the permit.
Usable Open Space: Space, which can be enjoyed by people. This could include landscaped plazas, grass and trees, fountains, sitting areas, etc., and is meant to provide an open garden atmosphere. Meaningful open space does not include parking areas, vacant or undeveloped lots or any other space, which does not contribute to the quality of the environment.
Utility Services: Service to the public of water, sewer, gas, electricity, telephone and cable television. The foregoing shall be deemed to include attendant facilities and appurtenances to the above uses, including, without limitation, stations along pipelines, and substations along electric transmission lines; but not including public utility treatment and generating plants or offices.
Wall: Any device forming a physical barrier which is so constructed that fifty (50) percent or more of the vertical surface is closed preventing the passage of light, air and vision through said surface.
Warehouse: A building or buildings used for the storage of goods.
Wholesale: The sale of goods or materials for the purposes of resale.
Yard: A minimum required open area adjacent to a lot line that shall be free from any structure except as specified in the Town of Fountain Hills Zoning Ordinance.
Yard, Front: A yard, the depth of which is the minimum required horizontal distance between the front line and the front yard setback line, which yard extends across the full width of the lot. For a corner lot, the front yard is the narrower of the two street side frontages.
Yard, Rear: A yard, the depth of which is the minimum required horizontal distance between the rear lot line and rear-yard setback line, which yard extends across the full width of the lot, not including any portion of a required street side yard.
Yard, Required: The minimum open space as specified by the regulations of this Ordinance for front, rear, side, and street side, as distinguished from any yard area in excess of the minimum required. See "Building Area".
Yard, Side: A yard, the width of which is the minimum required horizontal distance between the side lot and the side-yard setback line, not including any portion of the required front yard or required rear yard.
Yard, Street Side: Any yard, the depth of which is the minimum required horizontal distance between the street side lot line and the street side-yard setback line, not including any portion of the required front yard.
Zone: A district classification established by this ordinance, which limits or permits various and specific uses.
Zoning Administrator: The person appointed by the Town Manager to be the Zoning Administrator. If there is no such person designated by the Town Manager, the Town Manager is the Zoning Administrator.
Zoning Clearance: The approval by the Community Development Director of a plan that is in conformance with The Zoning Ordinance for the Town of Fountain Hills.
Zoning District: A zone area in which the same zoning regulations apply throughout the district. (22-08, Amended, 01/03/2023; 22-01, Amended, 05/03/2022; 21-09, Amended, 05/18/2021; 21-06, Amended, 09/07/2021; 20-13, Amended, 08/24/2020; 18-15, Amended, 01/15/2019)