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HomeMy WebLinkAboutORD1093ORDINANCE NO.1093 AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA,ADOPTING BY REFERENCE THAT CERTAIN DOCUMENT ENTITLED "AMENDMENTS TO THE APACHE JUNCTION CITY CODE,VOL.II,LAND DEVELOPMENT CODE,CHAPTER 1,ZONING ORDINANCE,ARTICLE 5,DEFINITIONS",PURSUANT TO ARIZONA REVISED STATUTES ANNOTATED SECTION 9-802;REPEALING ANY CONFLICTING PROVISIONS;PROVIDING FOR SEVERABILITY. SECTION I IN GENERAL That certain document entitled "Amendments to the Apache Junction City Code,Vol. II,Land Development Code,Chapter 1,Zoning Ordinance,Article 5,Definitions", three copies of which was made a public record by Resolution No.99-43,is hereby referred to,adopted and made a part hereof as i f fully set out in this Ordinance,and as authorized by A.R.S.§9-802. SECTION I I REPEALING ANY CONFLICTING PROVISIONS All ordinances and parts of ordinances in conflict with the provisions of this ordinance or any part of the code adopted herein by reference are hereby repealed. SECTION III PROVIDING FOR SEVERABILITY If any section,subsection,sentence,phrase,clause or portion of this ordinance or any part of the Code adopted herein by reference is for any reason held to be invalid or unconstitutional by any court of competent jurisdiction,such decision shall not affect the validity of the remaining portions thereof. PASSED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA,THIS 20TH DAY OF JULY 1999. SIGNED AND ATTESTED TO THIS 20TH DAY OF JULY ,1999. DOUGLAS C Mayor ORDINANCE 1093 PAGE ONE OF TWO EMAN ATTEST: KATHLEEN CONNELLY City Clerk APPROVED AS TO FORM: 7 -4o -f? RICHARD J.STERN City Attorney ORDINANCE 1093 PAGE TWO OF TWO AMENDMENTS TO THE APACHE JUNCTION CITY CODE,VOL.II,LAND DEVELOPMENT CODE,CHAPTER 1,ZONING ORDINANCE,ARTICLE 5, DEFINITIONS SECTION 5.0101-PURPOSE For the purpose of this Ordinance,certain words and terms used herein are herewith defined.When not consistent with the context,words used in the present tense include the future;words in the singular include the plural, and words in the plural include the singular;the word "building"includes the word "structure";and the work "shall"is mandatory and not directory."City Council"shall mean the City Council of Apache Junction,Arizona;"Commission" shall mean the Planning and Zoning Commission of Apache Junction,Arizona; "Board"shall mean the Board of Adjustment appointed under the authority of this Ordinance;and "City"shall mean Apache Junction,Arizona. ABUT shall mean to touch or adjoin along a common border or property line. ABUTTING shall mean two or more lots or parcels of land sharing a common boundary line. ACCESS OR ACCESS WAY shall be the means of ingress and egress connecting a property to the public roadway system. ACCESSORY BUILDING shall mean a building,part of a building,or structure, which is incidental or subordinate to the main building or use on the same building site,detached or attached thereto. ACCESSORY USE shall mean a use incidental,related,appropriate and clearly subordinate to the primary use of the lot or building,which accessory use does not alter the principal use of such lot or building. ADULT CARE HOME shall mean a residential care institution licensed by the Arizona Department of Health Services,which provides supervisory care, personal care,or custodial care services to not more than ten (10)adults who are unrelated to the manager or owner of the home and who require the assistance of not more than one (1)person to walk or to transfer from a bed, chair or toilet,but who are able to self -propel a wheelchair. ORDINANCE NO.1093 PAGE ONE OF THIRTY-THREE ADULT DEVELOPMENT HOME shall mean a residential setting in a family home in which to care,physical custody,and supervision of the adult client are the responsibility,under a 24 -hour care model,of the licensee pursuant to Arizona Revised Statutes Annotated §36-551 et seq.,who,in that capacity,is not an employee of the Division of Developmental Disabilities of the State Department of Economic Security or of a service provider.The home provides the following services for a group of siblings or up to three (3)adults with developmental disabilities:a)room and board;b)rehabilitation;c) appropriate personal care;and d)appropriate supervision. ADULT FOSTER CARE shall mean a residential setting which provides room and board and adult foster care services for at least one (1)and not more than four (4)adults in a family environment who are participants in the Arizona Long-term case system pursuant to Arizona Revised Statutes Annotated §36-2931 et seq. ADULT FOSTER CARE SERVICES shall mean supervision,assistance with eating, bathing toileting,dressing,self -medication and other routines of daily living or services authorized by Arizona Revised Statutes Annotated §36- 2939(C),and administrative rules as adopted under that Section. ADULT HOUSEHOLD MEMBER shall mean a person who is at least eighteen (18)years of age and who resides in an adult developmental home,child development foster home,secure setting or home and community based setting for at least thirty (30)calender days or who resides in the household throughout the year for more than a cumulative total of thirty (30)calender days. ADULT USES:FOR THE PURPOSES OF THIS ORDINANCE [NO.1037,JUNE 2,1998], ADULT USES ARE: ADULT ARCADE OR PEEP SHOW shall mean any place to which the public is permitted or invited where coin -operated or slug -operated,or for any form of consideration,electronically,electrically,or mechanically controlled still or motion picture machines,projectors,video or laser disc players,or other image -producing devices are maintained to show images to a person in a booth or a viewing room where the images so displayed depict or describe "specified anatomical areas"or "specified sexual activities". ORDINANCE NO.1093 PAGE TWO OF THIRTY-THREE ADULT BOOKSTORE,ADULT VIDEO STORE OR ADULT NOVELTY STORE shall mean a commercial establishment which as one of its principal business purposes offers for sale or rental for any form of consideration any one or more of the following: A.Books,magazines,periodicals,or other printed matter,or photographs,films,computer generated images,motion pictures, video cassettes or video reproductions,slides,or other visual representations that depict or describe "specified anatomical areas"or "specified sexual activities";or B.Instruments,devices or paraphernalia that are designed for use in connection with "specified sexual activities,"excluding condoms and other birth control and disease -prevention products. A commercial establishment may have other principal business purposes that do not involve the offering for sale or rental of material depicting or describing "specified anatomical areas"or "specified sexual activities"and still be categorized as Adult Bookstore,Adult Video Store,or Adult Novelty Store.Such other business purposes will not serve to exempt such commercial establishments from being categorized as an Adult Bookstore,Adult Video Store,or Adult Novelty Store so long as one of its principal business purposes is the offering for sale or rental for consideration the specified materials which depict or describe "specified anatomical areas"or "specified sexual activities." ADULT CABARET shall mean a nightclub,bar,restaurant,or other commercial establishment licensed to serve alcoholic beverages pursuant to Arizona Revised Statutes Annotated §4-209(B),which regularly features,exhibits or displays as one of its principal business purposes: A.Individuals who appear in a state of nudity or semi -nudity;or B.Live performances which are characterized by the exposure of "specified anatomical areas"or "specified sexual activities";or C.Films,motion pictures,video cassettes,slides or other photographic reproductions which depict or describe "specified anatomical areas"or "specified sexual activities." ORDINANCE NO.1093 PAGE THREE OF THIRTY-THREE ADULT HOTEL/MOTEL shall mean a hotel or motel or similar commercial establishment that: A.Offers public accommodations for any form of consideration; provides patrons with closed-circuit television transmissions, films,computer generated images,motion pictures,video cassettes,slides,or other photographic reproductions that depict or describe "specified anatomical areas"or "specified sexual activities"as one of its principal business purposes;and has a sign visible from the public right-of-way which advertises the availability of these adult -types of photographic reproductions; or B.Offers a single sleeping room for rent less than ten (10)hours in a twenty-four (24)hour period;or C.Allows a tenant or occupant of a sleeping room to sublet the room for a period of time that is less than ten (10)hours in a twenty- four (24)hour period. ADULT LIVE ENTERTAINMENT ESTABLISHMENT shall mean a commercial establishment that offers any of the following entertainment during any part of any two (2)or more days within any continuous thirty (30)day period: A.Male or female adult services providers and employees who are nude or are in a state of nudity;or B.Nude models;or C.Mud wrestling,wet T-shirt or other similar entertainment. Adult Motion Picture Theater shall mean a commercial establishment, where for any form of consideration,films,motion pictures,video cassettes,slides,or similar photographic reproductions are regularly shown as one of its principal business purposes that depict or describe "specified anatomical areas"or "specified sexual activities." Adult Theater shall mean a commercial establishment which regularly features,exhibits or displays,as one of its principal business purposes, individuals who appear nude,in a state of nudity or semi -nudity,live or by film,or plate negative,film or plate positive,film or tape designed to be projected on a screen for exhibition,or films, ORDINANCE NO.1093 PAGE FOUR OF THIRTY-THREE glass slides or transparencies,either in negative or positive form,designed for exhibition by projection on a screen,or any type of viewing booth or equipment,that expose or depict "specified anatomical areas"or "specified sexual activities." Escort Agency shall mean a person or business that furnishes,offers to furnish,or advertises to furnish escorts as one of his,her or its principal business purposes for a fee,tip,or other consideration. Modeling Studio shall mean a business which provides,for pecuniary compensation,monetary or other consideration,hire or reward,figure models who,for the purpose of sexual stimulation of patrons,display "specified anatomical areas"to be observed,sketched,photographed, painted,sculpted,or otherwise depicted by persons paying such consideration. SEXUAL ENCOUNTER CENTER shall mean a business that as one of its primary purposes offers for any form of consideration physical contact in the form of wrestling or tumbling between persons of the opposite sex;or activities between male and female persons and/or persons of the same sex when one or more of the persons is in a state of nudity or semi -nudity. THE FOLLOWING DEFINITIONS ARE APPLICABLE TO THE DEFINITION OF "ADULT USES": ADULT SERVICES shall mean dancing,service of food or beverage, modeling,posing,wrestling,singing,reading,talking,sitting or listening,or other performances or activities conducted for any consideration in a sexually oriented business by an individual who is nude or is in a state of nudity during all or part of the time the person is providing such service. ADULT SERVICES PROVIDER shall mean any individual who provides any adult services,whether an employee or independent contractor. BOOTH shall mean a partitioned area in which coin or token operated video machines,projectors or other electronically or mechanically controlled devices are used in the regular course of business to produce still or moving picture images,that expose or depict "specified anatomical areas"or "specified sexual activities." EMPLOYEE shall mean any individual who performs any service on the ORDINANCE NO.1093 PAGE FIVE OF THIRTY-THREE premises of a sexually oriented business on a full-time,part-time or contract basis,whether or not the person is denominated as an employee,independent contractor,agent,or otherwise and whether or not such individual is paid a salary,wage or other compensation by the operator.Employee does not include a person exclusively on the premises for repair or maintenance of the premises or for delivery of goods to the premises. ESCORT shall mean an individual who for tips or any other consideration agrees or offers to act as a companion,guide or date for another individual or who agrees or offers to privately model or otherwise be clothed in lingerie or to privately perform a striptease for another individual. ESTABLISHMENT shall mean the opening or commencement of any sexually oriented business as a new business;or the conversion of an existing business,whether or not a sexually oriented business,to any sexually oriented business;or the addition of any sexually oriented business to any other sexually oriented business;or the relocation of any sexually oriented business. FIGURE MODEL shall mean any individual who for pecuniary compensation, consideration,hire or reward,poses in a modeling studio to be observed,sketched,painted,drawn,sculpted,photographed or otherwise depicted. MANAGER'S STATION shall mean a permanently designated area marked accordingly within a sexually oriented business where a sexually oriented business manager is located in the normal course of operations. NUDE,NUDITY OR STATE OF NUDITY shall mean the showing of the human male or female genitals,pubic area,vulva,anus,anal cleft/cleavage or buttocks with less than a fully opaque covering;the showing of the female breast with less than a fully opaque covering of any part of the nipple;or the showing of the covered male genitals in a discernibly turgid state. OPERATE A SEXUALLY ORIENTED BUSINESS;OPERATOR shall mean supervising, managing,inspecting,directing,organizing,controlling,or being responsible for or in charge of the conduct of activities of a sexually oriented business. ORDINANCE NO.1093 PAGE SIX OF THIRTY-THREE PATRON OR CUSTOMER shall mean an individual invited or permitted to enter and remain upon the premises of a sexually oriented business, whether or not for consideration. PREMISES shall mean interior and exterior areas of a sexually oriented business establishment including the parking lot. SEMI-NUDE OR SEMI-NUDE CONDITION shall mean a state of dress in which clothing covers no more than the genitals,pubic region,buttocks, areola of the female breast,as well as portions of the body covered by supporting straps or devices. SEXUALLY ORIENTED BUSINESS shall mean an adult arcade,adult bookstore,adult cabaret,adult live entertainment establishment,adult hotel/motel,adult motion picture theater,adult novelty store,adult theater,adult video store,escort agency,modeling studio,sexual encounter center,and any combination thereof. SEXUALLY ORIENTED BUSINESS MANAGER,OR MANAGER shall mean an individual on the premises of a sexually oriented business who is authorized to exercise overall operational control of the business. SPECIFIED ANATOMICAL AREAS shall mean: A.Less than completely and opaquely covered human genitals,pubic region,buttocks,and female breast below a point immediately above the top of the areola; B.Human male genitals in a discernibly turgid state,even i f completely and opaquely covered; C.Any device,costume or covering that simulates any of the body parts included in (A)and (B)as referenced above. SPECIFIED SEXUAL ACTIVITIES shall mean whether performed directly or indirectly through clothing or other covering: A.The fondling or other erotic touching of human genitals,pubic region,buttocks,anus or female breast; B.Sex acts,actual or simulated,including intercourse,oral copulation,or sodomy; ORDINANCE NO.1093 PAGE SEVEN OF THIRTY-THREE C.Masturbation,actual or simulated; D.Excretory functions as part or in connection with any of the other activities described in (A)through (C),as referenced above. ADVERTISING DEVICE shall mean any figure,symbol,design or model,whether i t contains a lettered message or not,used to attract attention or convey a message and which is visible to any area outside a building. AGRICULTURE shall mean the tilling of the soil,raising of crops, horticulture,viticulture,silviculture,small livestock farming,dairying and/or pasture and range livestock production,including all uses customarily incidental thereto but not including slaughter houses,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. Agriculture does not include the concentrated single -use operation of feed lots,hog,turkey,chicken,fur -bearing animals or other similar farms,unless these operations are operated in conjunction with or are a part of the crop production of the same or adjoining parcels under common ownership. AIRPORT,COMMERCIAL shall mean an airport,landing strip or landing field used by,or available to,commercial carriers,flight training schools, private pilots or owners of noncommercial aircraft on a commercial basis. AIRPORT,PRIVATE shall mean an airport,landing strip or landing field owned and used by owners of noncommercial aircraft,including private bona fide flying clubs,on a noncommercial basis. ALLEY shall mean any dedicated way,intended for vehicular service to the rear or side of property served by a street.An alley is not intended for general traffic circulation. AMBULATORY PERSONS shall mean any individual,including one who uses a cane or other support device,who is physically and mentally capable under emergency conditions of finding a way to safety without assistance. ANIMAL HOSPITAL shall mean a place where animals are given medical or surgical treatment and are cared for during the time of such treatment.Use as kennel shall be limited to recovery time and shall be only incidental to such hospital use. APARTMENT:See DWELLING,MULTIPLE. ORDINANCE NO.1093 PAGE EIGHT OF THIRTY-THREE AUTO LUBRICATION AND OIL CHANGE OPERATION shall mean any building or premise used primarily for the purpose of lubrication,fluid replenishment and oil changing.Such servicing shall not entail the overnight storage of vehicles, nor shall such services include tire recapping,wheel repair,sale or rebuilding of engines,battery manufacturing or rebuilds,radiator repair, transmission repair,engine steam cleaning,auto -body work,welding,re- upholstering or installation of auto glass. AUTOMOBILE SERVICE STATION shall mean any premises used or intended to be used for the retail sales of vehicular fuels and for servicing and light maintenance activities such as engine tuneups,lubrication,sale and service of tires and batteries,and minor repairs.Service stations shall not include premises where heavy automobile maintenance activities such as engine overhauls,painting,body repair,and transmission repair are conducted. Service stations shall entail only incidental overnight parking of vehicles there for service or repairs. AUTOMOBILE WRECKING YARD shall mean any premises used or intended to be used for the dismantling or wrecking of motor vehicles or trailers,or the storage, sale,or dumping of dismantled,partially dismantled,obsolete,or wrecked vehicles or their parts,outside of an enclosed building,but not including the incidental storage of vehicles in connection with the operation of a repair garage,providing the repair period for any one vehicle does not exceed thirty (30)calender days. AUTOMOTIVE REPAIR GARAGE shall mean an establishment engaged in furnishing automotive and light -truck repair and servicing to the general public.These facilities shall not include tire recapping or battery manufacturing or rebuilding. BASEMENT shall mean a story partly or wholly underground.A basement shall be counted as a story for purpose of height measurement where more than one-half (11)of its height is above finished grade. BILLBOARD shall mean any sign designated for use with changing advertising copy and which is normally used for the advertisement of goods produced or services rendered at locations other than the premises on which the sign is located. BOARD OF ADJUSTMENT shall mean the Board of Adjustment of the City of Apache Junction,Arizona. ORDINANCE NO.1093 PAGE NINE OF THIRTY-THREE BOARDING HOUSE shall mean a dwelling in which the owner(s)or primary occupant(s)provides three (3),four (4),or five (5)bedrooms as lodging for compensation,and in which food may be served to the occupants thereof.The term shall include dormitories,congregate living arrangements,but shall not include hospitals,nursing homes,hotels,group homes for the handicapped or disabled,social service facilities,facilities subject to the Tax Code set forth in Chapter 8,Article 8A of the City of Apache Junction City Code,or a dwelling occupied by one (1)or more individuals living together without supervision as a single housekeeping unit. BORROW PIT shall mean any place or premises where dirt,soil,sand,gravel or other earthy material is removed by excavation for any purpose other than that necessary and incidental to grading or to building construction or operation on the premises. BUILDABLE AREA shall mean the net portion of the lot remaining after deducting all required yards from the gross area of a lot or building site. BUILDING shall mean a structure having a roof supported by columns or walls. BUILDING FRONT shall mean that side of a building which contains the main entrance for pedestrian ingress and egress and which faces the street or access easement.On a corner lot the side of the building with the smallest lineal dimension containing a main entrance shall be considered the building frontage.The front may be designated by the owner if the orientation is consistent with other lots and improvements in the immediate vicinity. BUILDING HEIGHT shall mean the vertical distance above a referenced datum measured to the highest point of the coping of a flat roof or to the deck line of a mansard roof or to the average height of the highest gable of a pitched or hipped roof.The referenced datum shall be selected by either of the following,whichever yields a greater height of building: A.The elevation of the highest adjoining sidewalk or ground surface within a five foot (5')horizontal distance of the exterior wall of the building when such sidewalk or ground surface is not more than ten feet (10')above lowest grade. B.An elevation ten feet (10')higher than the lowest grade when the sidewalk or ground surface described in Item 1 above is more than ten fedt (10')above lowest grade. The height of a stepped or terraced building is the maximum height of any segment of the building. ORDINANCE NO.1093 PAGE TEN OF THIRTY-THREE BUILDING PERMIT shall mean a permit required for the erection,construction, modification,addition to or moving of any building,structure or use in the unincorporated areas of City of Apache Junction ,pursuant to building codes adopted by the City Council . BUILDING SITE shall mean a legally created parcel or contiguous parcels of land,which provides the area and the open space required by this ordinance, exclusive of all vehicular and pedestrian rights -of -way and all other easements that prohibit the surface use of the property by the owner thereof. BULK STATION shall mean a place where liquefied petroleum,gas,crude liquid; except such as will stand a test of 150 degrees Fahrenheit,closed cupped testers,are stored in wholesale quantities where the aggregate capacity of all storage tanks is more than 10,000 gallons. CAMPGROUND shall mean any place where any bedding,sleeping bag or other sleeping matter is placed,established or maintained,whether or not such place incorporates the use of a tent,lean-to,shack or other structure or vehicle or part thereof. CANOPY shall mean a roof -like structure supported by a permanent foundation and open on all four sides. CARPORT shall mean a permanent roofed structure or a portion of a main structure with not more than two (2)enclosed sides used or intended to be used for automobile storage for the occupants of the premises. CARWASH shall mean a facility for the cleaning and washing of motor vehicles including interior cleaning,vacuuming waxing and detailing by means of self- service,automated mechanical equipment,manual labor,or combination thereof. CEMETERY shall mean 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. CHILD DEVELOPMENT FOSTER HOME shall mean a residential setting in a family home in which the care,physical custody and supervision of the child are the ORDINANCE NO.1093 PAGE ELEVEN OF THIRTY-THREE responsibility under a twenty-four (24)hour care model,of the licensee pursuant to Arizona Revised Statutes Annotated §36-551 et seq.who serves as the foster parent of the child in the home setting and who,in that capacity, is not an employee of the Division of Developmental Disabilities in the Department of Economic Security or of a service provider and the home provides the following services for a group of siblings or up to three (3)children with developmental disabilities:a)room and board;b)rehabilitation;c) appropriate personal care;and d)appropriate supervision. CHURCH shall mean a building,portion of a building or group of buildings used primarily as a place of communion or worship,including convents, religious educational buildings and parish houses,but not parochial schools. CITY shall mean the City of Apache Junction,Arizona,unless the context indicates otherwise. CLUB OR LODGE shall mean a regularly constituted association of persons, whether or not incorporated regardless of form of ownership;who are bona fide members paying regular dues,primarily organized for some common social purpose and which derives not more than one-half of its revenue or income from the sale of goods and services to its members or others. COMMERCIAL ACRE shall mean 36,000 square feet of land,exclusive of streets and alleys. COMMERCIAL MACHINERY shall mean any motorized or non -motorized piece of machinery designed for construction,demolition,excavation,logging, shipping,warehousing,freight -hauling,etc.,including but not limited to backhoes,bulldozers,equipment trailers,fork lifts,front-end loaders,etc. COMMERCIAL USE shall mean the buying,selling,leasing or storage of real or personal property,or the furnishing of services for compensation.This term shall also include the storage of equipment,machinery or supplies to be used exclusively for compensation. COMMISSION shall mean the City of Apache Junction Planning and Zoning Commission. COMMUNICATION TOWER shall mean a freestanding structure including appurtenances (greater than 34 feet in height)used for the following commercial communication purposes: A.VHF and UHF television; ORDINANCE NO.1093 PAGE TWELVE OF THIRTY-THREE B.AM and FM radio; C.Two-way radio; D.Common carriers; E.Cellular telephone; F.Microwave. Amateur (HAM)towers for the personal use of the property owner are excepted from this definition unless in excess of 100 feet in height. COMMUNITY SERVICE AGENCY shall mean an organization organized as a nonprofit corporation or supported in whole or in part by public subscription and primarily established to serve the social or welfare needs of the community or any part thereof,and not organized for the personal profit of any individual, group of individuals,or corporation. COMMUNITY RESIDENTIAL SETTING shall mean a child development foster home,an adult development home or secure setting operated or contracted by the State of Arizona Department of Economic Security in which persons with developmental disabilities live and are provided with appropriate supervision by the service provider responsible for the operation of the residential setting. CONDOMINIUM shall mean an estate in real property consisting of an undivided interest in common in a portion of a parcel of real property together with a separate interest in space in a residential complex located on such real property.A condominium may include,in addition,a separate interest in other portions of such real property. CONDOMINIUM CONVERSION shall mean the development of land and existing structures as a condominium,regardless of the present or prior use of such land or structure,and regardless of whether substantial improvements have been made to such structures. CONTRACTOR'S YARD shall mean the use of any lot or parcel of land for the commercial or noncommercial parking,storage,maintenance of commercial vehicles;and/or more than one piece of commercial machinery;and/or outdoor storage of building materials,aggregates,lumber,piping,vehicle parts, tires,etc. CONVALESCENT HOME shall mean a facility licensed by the State of Arizona Departments of Public Health and Social Welfare,or any County,or City,which provides bed and ambulatory care for patients with post -operative convalescent chronically ill or dietary problems,and aged or infirm persons unable to care for themselves. ORDINANCE NO.1093 PAGE THIRTEEN OF THIRTY-THREE CONVENIENCE MARKET shall mean a retail store that is intended to attract stop- and -go traffic,with or without gasoline sales,and sells primarily food, beverages and other household supplies to customers who purchase only a few items. CONVENTIONAL CONSTRUCTION shall mean a building constructed pursuant to the Uniform Building Code as adopted by the City of Apache Junction,Arizona,on a permanent site foundation,using individual structural components and requiring normal phase inspection by the City Building Official. COUNCIL shall mean the common council of the City of Apache Junction, Arizona.[CC] COUNTY shall mean Pinal County or Maricopa County,depending on the applicability,context and location of a specific parcel of property. COUNTY RECORDER shall mean the County Recorder of Pinal and Maricopa Counties, depending on the applicability,context and location of a specific parcel of property. CUSTODIAL CARE SERVICES shall mean incontinence care,care of confused or agitated persons and other services which are offered primarily to meet personal and functional needs and which can be provided by persons without professional skills or professional training.Custodial care services also means assistance in securing licensed in -home medical services provided by licensed professionals as ordered by a resident's personal physician. Custodial care services may include the safe administration and documentation of medications and treatment if administered by a nurse licensed pursuant to Arizona revised Statutes Annotated Title 32,Chapter 15,or as otherwise provided by law. DAY CARE shall mean the care,supervision and guidance of persons unaccompanied by parent,guardian or custodian,on a regular basis for periods of less than twenty-four (24)hours per day in a place other than the person's own home. DAY CARE CENTER shall mean a facility in which day care is regularly provided for compensation for six (6)or more persons not related to the proprietor. The care of five (5)or less persons who are not members of the household shall not be considered a day care center. ORDINANCE NO.1093 PAGE FOURTEEN OF THIRTY-THREE DAY CARE GROUP HOME shall mean a residential facility,certified by the Arizona Department of Health services,in which day care is regularly provided for compensation for periods of less that twenty-four (24)hours per calendar day for not less than five (5)full-time and part-time children,but not more than ten (10)full-time children through the age of twelve (12)years. DENSITY shall mean the total number of dwelling units permitted on an acre of land exclusive of all streets and rights -of -way that restrict the surface use of the property in question. DETACHED (FREESTANDING)SIGN shall mean a ground sign with no form of support other than its own structural members. DEVELOPMENT shall mean construction of residential,commercial or industrial projects or major additions or alterations to existing structures and including new buildings or structures on property having existing buildings or structures situated thereon.When such property is zoned for agricultural or single-family residential use at the time of assessment,subsequent development shall require a change of use or purpose (construction of buildings or structure on vacant,undeveloped property is considered a change of use of purpose). DEVELOPMENTAL DISABILITY shall mean either a strong demonstrated potential that a child under the age of six (6)years is developmentally disabled or will become developmentally disabled,as determined by a test performed under Arizona Revised Statutes Annotated §36-694,et seq.,or by other appropriate tests,or a severe,chronic disability,which is described in Arizona Revised Statutes Annotated §36-551(17)(a)through (e). DIRECTOR shall mean the Director of Development Services of City of Apache Junction,Arizona. DISABLED and DISABILITY,unless otherwise specified,such definition shall be the same definition as set forth in Arizonans with Disabilities Act of 1992, as codified in Arizona Revised Statutes Annotated §41-1492(5)and/or in the Americans with Disabilities Act, as codified in 42 U.S.C.§§12101,et seq.and 47 U.S.C.§§225 and 611,which shall include with respect to an individual,any of the following:(a)a physical or mental impairment that substantially limits one or more of the major life activities of the individual;(b)a record of such an impairment; or (c)being regarded as having an impairment. ORDINANCE NO.1093 PAGE FIFTEEN OF THIRTY-THREE DISCRIMINATORY HOUSING PRACTICE shall mean an act prohibited by Arizona Revised Statutes Annotated §41-1491 et seq.,andlor 42 U.S.C.§3601 et seq. DORMITORY shall mean a building intended or used principally for sleeping accommodations,where such building is related to an educational or religious institution. DRIVE-IN RESTAURANT shall mean an establishment that primarily delivers prepared food and/or beverages to customers in motor vehicles or to customers at a service window for consumption either on or off the premises. DRIVE-IN THEATER shall mean an outdoor structure designed for theatrical performances,displays or shows where the performance is viewed by all or part of the audience from a vehicle. DWELLING shall mean a building or portion thereof designed exclusively for residential occupancy in conformance with the provisions of the Uniform Building Code adopted and amended by the City. Dwelling,Duplex shall mean a building containing only two (2)dwelling units. DWELLING,GROUP shall mean a group of two (2)or more detached,one -family, duplex or multiple dwellings occupying a parcel of land in one (1)ownership, and having any yard or court in common,including house court and apartment court,but not including tourist court. DWELLING,MULTIPLE shall mean a building containing two (2)or more dwelling units or a combination of two (2)or more separate,single-family dwelling units on one lot or building site. DWELLING,SINGLE-FAMILY shall mean a building containing only one (1)dwelling unit,other than mobile homes and recreational vehicles. DWELLING UNIT shall mean one or more rooms and a single kitchen or cooking accommodation and a bathroom in a single-family dwelling,apartment house or hotel designed as a unit for occupancy by one family for living and sleeping purposes. EASEMENT shall mean a space on a lot or parcel of land reserved or used for location and/or access to utilities,drainage or other physical operations on the land. ORDINANCE NO.1093 PAGE SIXTEEN OF THIRTY-THREE EDUCATIONAL INSTITUTIONS shall mean public and other non-profit institutions conducting regular academic instruction at preschool,kindergarten, elementary,secondary,collegiate levels,and including graduate schools, universities,non-profit research institutions and religious institutions. Such institutions must either (1)offer general academic instruction,or (2) confer degrees as a college or university of undergraduate or graduate standing,or (3)conduct research,or (4)give religious instruction.This definition does not include commercial or trade schools. FACTORY BUILT BUILDING shall mean a residential or nonresidential building including a dwelling unit or habitable room thereof which is either wholly or in substantial part manufactured at an off -site location to be assembled on- site,except that i t does not include a manufactured home,recreational vehicle or mobile home.Factory built buildings are often referred to as "modular"buildings or units. FAMILY shall mean any number of individuals living together as a single housekeeping unit and using common cooking facilities as distinguished from a group of individuals occupying a hotel,motel,club,fraternity,sorority, lodging house,nursing home,or group home. FERTILIZER YARD OR PROCESSING PLANT shall mean a place where animal matter is collected,processed,or stored on a commercial basis. FLOOR AREA shall mean the total area of a building measured by taking the outside dimensions of the building at each floor level intended for occupancy or storage,but excluding courts,carports,and garages used for the parking of motor vehicles. FOSTER HOME shall mean a dwelling maintained by an individual or individuals having care or control of one (1)but not more than six (6)minor children, other than those related by blood,marriage or adoption,to those who are legal wards of such individuals,which is licensed by the Arizona State Department of Economic Security. FOSTER HOME,GROUP shall mean a foster home suitable for the placement of more than six (6)but not more than ten (10),minor children,which is licensed by the Arizona Department of Economic Security. FRONTAGE shall mean that side of a lot abutting on a street. ORDINANCE NO.1093 PAGE SEVENTEEN OF THIRTY-THREE GARAGE,PRIVATE shall mean a detached accessory building or a portion of a main building on the same lot for the parking and storage of vehicles of the occupants of the premises. GARAGE,PUBLIC shall mean premises,except those herein defined as a private or storage garage,used for the storage of cars or self-propelled other vehicles,or where such vehicles are equipped for operation,or repaired,or kept for hire or sale. GARAGE,STORAGE shall mean premises,other than those herein defined as a private or public garage used exclusively for the storage of self-propelled vehicles and for no other purpose whatever. GENERAL PLAN shall mean the City of Apache Junction General Plan or Comprehensive Plan and all special area plans adopted as amendments to the General or Comprehensive Plan. GRAZING shall mean the feeding of domestic livestock on an open range or fenced pasture for commercial purposes and uses customarily incidental thereto,but not including commercial slaughter houses,stockyards,fertilizer yards,bone yards,or plants for the reduction of animal matter. GROUP HOME FOR THE HANDICAPPED OR DISABLED shall mean a dwelling shared as their residence by handicapped or disabled persons who reside together as a single housekeeping unit,in which staff persons may provide supervision, counseling,treatment or therapy for the residents therein,and which may be licensed by,certified by,registered with,or otherwise authorized,funded or regulated,in whole or in part,by an agency of the state or federal government.The term shall include adult care homes,homes for the chronically mentally ill,homes for the developmentally disabled,group care agencies,and similar residential living arrangements for handicapped or disabled persons,but shall not include boarding houses,nursing homes, substance abuse treatment facilities,or any facility providing treatment, counseling,or therapy to patients or clients who do not reside on the premises. GUEST RANCH shall mean a resort hotel and/or group of buildings containing sleeping units,having a building site of not less than four (4)commercial acres. HALFWAY HOUSE shall mean a residential facility which providers shelter,as well as food counseling,supervision,or other supportive services for persons ORDINANCE NO.1093 PAGE EIGHTTEEN OF THIRTY-THREE transitioning from a health care institution,other than a health care environment,criminal incarceration,or criminal probation to an independent living arrangement;or persons with a history of substance abuse who elect to reside in and utilize the substance abuse programs and services available at the facility.The term shall include any boarding house,dormitory,or apartment building,when operated as a halfway house as defined herein,but shall not include hospitals,nursing homes group homes for the handicapped or disabled,child crisis and domestic violence shelters,facilities subject to the Tax Code set forth in Chapter 8,Article 8A-5 of the Apache Junction City Code,or any facility providing treatment or therapy to patients or clients who do not reside on the premises. HANDICAPPED shall mean a mental or physical impairment that substantially limits at least one major life activity,a record of such an impairment,or being regarded as having such an impairment.Handicap does not include current illegal use of or addiction to any drug or illegal or federally controlled substance as defined in Section 102 of the Controlled Substance Act [21 United States Code Annotated §802].Handicapped shall be defined as the term is defined by the American with Disabilities Act of 1990,42 U.S.C. §§12101 et seq.,47 U.S.C.§§225 and 611. HELIPORT shall mean a place designed or designated for the landing and taking off of helicopters. HOME BASED OCCUPATION shall mean an activity carried on by the occupant of a dwelling as a secondary use,including professional and semi-professional offices,when conducted and entered from within the dwelling,in connection with which there is no public display of stock in -trade upon the premises,not more than one (1)nonresident of the premises is employed and not more than one-fourth of the floor area of one (1)story of the main building or a detached home workshop of not more than 200 square feet in area is used for such home occupation;and provided that the residential character of the dwelling is not changed by said use and that such occupation does not cause any sustained or unpleasant or unusual noises or vibrations,or noxious fumes or odors which unreasonably interfere with the use and enjoyment of the surrounding property by their owners or occupants,or cause any parking or traffic congestion in the immediate neighborhood. HOME HEALTH AGENCY shall mean an agency or organization,or subdivision thereof,which meets all of the following requirements: A.Is primarily engaged in providing skilled nursing services and other therapeutic services: ORDINANCE NO.1093 PAGE NINETEEN OF THIRTY-THREE B.Has policies established by a group of professional personnel, associated with the agency or organization,including one or more physicians and one or more registered professional nurses,to govern services referred to in (a)above,which i t provides and provides for supervision of such services by a physician or registered professional nurse;and C.Maintain clinical records on all patients. HOSPITAL shall mean an institution for the diagnosis,care and treatment of human illness,including surgery,primary treatment,and observation. HOTEL -MOTEL shall mean a structure or portion thereof or a group of attached or detached structures containing completely furnished individual guest rooms or suites occupied less than thirty (30)calender days,by an one individual or group of individuals,for compensation. HOTEL RESORT shall mean an American -plan hotel,the buildings of which occupy not more than thirty percent (30%)of the building site. INCONTINENCE CARE shall mean hygienic care to assure that a resident who cannot control bowel or bladder function is kept clean,dry,and odor free. For a resident whose bladder function is controlled by an indwelling catheter, incontinence care provided by unlicensed personnel includes:hygienic care,emptying the drainage bag and measuring the drainage bag's contents in accordance with directions provided by a licensed home health agency as ordered by a resident's physician. INDUSTRIAL USE shall mean the excavation,transporting,manufacture, fabrication,processing,reduction or destruction of any article,substance or commodity,or any other treatment thereof in such a manner as to change the form,character,or appearance thereof,and including storage elevators,truck storage yards,warehouses,wholesale storage and other similar types of enterprise. INOPERABLE VEHICLE shall mean any whole,dismantled or partially dismantled, or obsolete vehicle which can not be started and driven under its own power. INTERMEDIATE CARE FACILITY FOR THE MENTALLY RETARDED shall mean a facility that primarily provides health and rehabilitative services to persons with developmental disabilities that are above the service level of room and board, ORDINANCE NO.1093 PAGE TWENTY OF THIRTY-THREE supervisory care services or personal care services as defined in Arizona Revised Statutes Annotated §36-401,but are less intensive than skilled nursing services. JUNK YARD shall mean the use of more than 200 square feet of the area of any lot or the use of any portion of that half of any lot,but not exceeding a depth or width,as the case may be,of 100 feet,of which half adjoins any street for the storage,keeping,or abandonment of junk,including scrap material,or for the dismantling,demolition,or abandonment of automobiles, or other vehicles or machinery parts thereof,provided that a close boarded fence or solid wall not less than six feet (6')in height,nor more than eight feet (8')in height be constructed around the perimeter of the site. KITCHEN shall mean any room or portion thereof in a building or dwelling unit which is used or intended to be used for cooking or the preparation of food. LANDSCAPING shall mean the placement of trees,shrubs,vegetative and organic or inorganic materials in a prescribed area.Organic and inorganic materials include gravel,cinders,rock and bark materials. LARGE GROUP SETTING shall mean a setting which,in addition to residential care,provides supportive services and rehabilitative services to persons with developmental disabilities that are above the services such as therapy, recreation and transportation of seven (7)or more developmentally disabled persons who require intensive supervision. LOT shall mean: A.A parcel of real property with a separate and distinct number or other designation shown on a plan or parcel map recorded in the office of the Pinal or Maricopa County Recorder's Office,orA parcel of real property delineated on an approved record of survey,parcel map or subdivision map as filed in the Office of the Pinal or Maricopa County Recorder,and abutting at least one (1)public street or right-of-way,or easement determined to be adequate for the purpose of access,or B.A parcel of real property abutting at least one (1)public street or right-of-way or easement determined to be adequate for the purpose of access and held under separate ownership from abutting property prior to the date of adoption of this Ordinance. ORDINANCE NO.1093 PAGE TWENTY-ONE OF THIRTY-THREE LOT AREA shall mean the total area of a lot measured in a horizontal plane, included within the lot lines of a lot or parcel of land,not including any public street or private access way. LOT,CORNER shall mean a lot located at the intersection or interception of two (2)or more streets at an angle of not more than one hundred thirty-five (135)degrees.If the angle is greater than one hundred thirty-five (135) degrees,the lot shall be considered an interior lot. LOT (SITE)COVERAGE shall mean that portion of a lot or building site which is occupied by any building or structure,excepting paved areas,uncovered parking areas,driveways,walks,lanai,terraces,swimming pools and landscaped areas. LOT DEPTH shall mean the average horizontal distance between the front and rear lot lines measured in the mean direction of the side lot lines. LOT,INTERIOR shall mean a lot other than a corner lot. LOT,KEY shall mean a lot abutting along the entire length of at least one (1)of its side lot lines,either directly or across an alley,the rear lot line of any other lot,or a lot situated between two (2)such key lots. LOT LINE shall mean any line bounding a lot as herein defined. LOT LINE,FRONT on an interior lot shall mean the property line abutting the street.On a corner lot,the front lot line is the shorter property line abutting a street,except in those cases where the subdivision or parcel map specifies another line as the front lot line.On a through lot or a lot with three (3)or more sides abutting a street or a corner lot with lot lines of equal length,the Director shall determine which property line shall be the front lot line for the purposes of compliance with yard and setback provisions of this Ordinance.On a private street or easement,the front lot line shall be designated as the edge of the easement. LOT LINE,INTERIOR shall mean a lot line not abutting a street. LOT LINE,REAR shall mean a lot line not abutting a street which is opposite and most distant from the front lot line.In the case of an irregular -shaped ORDINANCE NO.1093 PAGE TWENTY-TWO OF THIRTY-THREE lot,a 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.A lot which is bounded on all sides by streets may have no rear lot lines. LOT LINE,SIDE shall mean any lot line which is not a front or rear lot line. LOT,THROUGH shall mean a lot having frontage on two dedicated parallel or approximately parallel streets. LOT WIDTH shall mean the horizontal distance between the side lot lines, measured at right angles to the lot depth at a point midway between the front and rear lot lines. MANUFACTURED HOME shall mean a structure transportable in one or more sections which is eight (8)feet or more in width and forty (40)feet or more in length or when erected on -site is three hundred twenty (320)or more square feet, manufactured after June 15,1976 and built to HUD standards with a HUD seal affixed,and which is designed to be used as a dwelling with or without a permanent foundation when connected to the required utilities. MANUFACTURED HOME PARK shall mean any development providing rental spaces for occupancy on a non -permanent basis for mobile homes and manufactured homes, with accessory buildings and uses provided for the benefit of the occupants. MANUFACTURED HOME SPACE shall mean a plot of ground within a manufactured home park designed for the accommodation of one (1)manufactured home,together with its accessory structures,including carports or other off-street parking areas,storage lockers,ramadas,cabanas,patios,patio covers,awnings and similar appurtenances. MANUFACTURED HOME SUBDIVISION shall mean a subdivision designed and intended for residential use with lots for sale where the residence is in manufactured homes exclusively. METALLURGICAL OPERATIONS OR USES shall include the treating and reducing of metal -bearing ores by mechanical,physical,or chemical methods on a commercial basis and uses incidental thereto,or the fabricating of metals or metal materials. digging,excavating,or otherwise procuring of minerals and ores found in their natural state,or the operating of a rock crusher. MOBILE HOME shall mean a structure built prior to June 15,1976 on a permanent ORDINANCE NO.1093 PAGE TWENTY-THREE OF THIRTY-THREE chassis capable of being transported in one or more sections and designed to be used with or without a permanent foundation as a dwelling when connected to on -site utilities,except that i t does not include recreational vehicles and factory -built buildings. MOBILE HOME PARK [SEE MANUFACTURED HOME PARK] MOBILE HOME SPACE [SEE MANUFACTURED HOME SPACE] MOBILE HOME SUBDIVISION [SEE MANUFACTURED HOME SUBDIVISION] MOTEL shall mean the same as "hotel". MUNICIPAL SOLID WASTE LANDFILL shall mean any solid waste landfill that accepts household waste,household hazardous waste or conditionally exempt small quantity generator waste. A.CONDITIONALLY EXEMPT SMALL QUANTITY GENERATOR WASTE shall mean hazardous waste in quantities described in 40 Code of Federal Regulations §261.5,incorporated by reference and adopted and amended in Arizona Revised Statutes §49-701(5),and in Arizona Administrative Code,Title 18,Chapters 1 through 13. B.HOUSEHOLD HAZARDOUS WASTE shall mean solid waste as described in 40 Code of Federal Regulations §261.4(b)(1),incorporated by reference and adopted and amended in Arizona Revised Statutes §49- 701(14),and in Arizona Administrative Code,Title 18,Chapters 1 through 13. C.HOUSEHOLD WASTE shall mean any solid waste including garbage, rubbish and sanitary waste from septic tanks that is generated from households including single and multiple family residences, hotels and motels,bunkhouses,ranger stations,crew quarters, campgrounds,picnic grounds and day -use recreation areas,not including construction debris,landscaping rubble or demolition debris. NET AREA shall mean the total horizontal area within the property lines of a lot or parcel of land excluding all vehicular access ways except those private easements which serve as primary access to no more than four individual lots or parcels. NEW CONSTRUCTION shall mean structures for which the "start of construction" commenced on or after the effective date of this Ordinance. ORDINANCE NO.1093 PAGE TWENTY-FOUR OF THIRTY-THREE NONCONFORMING USE:See Section 3.0103 [ZO No.772,March 7,1991,Section 5.0101] NURSERY shall mean a place where young trees or other plants are raised for transplanting or for sale,but does not include commercial fertilizer yard or processing plant. PARK MODEL OR PARK TRAILER [SEE FACTORY BUILT BUILDING] PARKING AREA shall mean an area designed and constructed for the parking, storage and maneuvering of vehicles. PARKING SPACE shall mean a space within a public or private parking area, exclusive of driveways,ramps,columns,offices and work areas,which space is for the temporary parking or storage of one motor vehicle. PRE-SCHOOL [SEE DAY CARE] PRIVATE ACCESS WAY shall mean a private street or private way of access to one or more lots which is owned by an individual or group of individuals which is burdened with an easement of passage,running with the land,to the benefit of all lots having frontage thereon,and which intersects or connects with a public street.Private access ways are subject to the provisions of Section 20.0108 of the Zoning Ordinance.The distinction between a private access way and a driveway will be determined by the Zoning Administrator. PROFESSIONAL shall include but not be limited to accountants,architects, chiropodists,dentists,engineers,lawyers,naturopaths,osteopaths, physicians,surgeons,surveyors,veterinarians. PROPERTY shall mean any real and personal property. PROPERTY OWNER shall mean the individual,corporation,partnership,trust or other legal entity that owns property. RAILROAD shall include the land used for general railroad purposes, including mainline and switching trackage,repair shops,stations, communications,equipment,round houses,and storage facilities;but does not include railroad equipment (miniature or otherwise)operated by its owner as a hobby or as a part of the equipment of an amusement resort. ORDINANCE NO.1093 PAGE TWENTY-FIVE OF THIRTY-THREE RECOVERY HOME shall mean a residential living facility which provides for the supervision or regulation of the behavior,living conditions,or the use or possession of alcohol,drugs,or controlled substances for persons recovering from abuse,addiction,or behavioral problems involving the use of alcohol, drugs,or controlled substances.Residents may be living in this facility voluntarily or pursuant to a referral,court order,or government agency direction.Such facility may also provide for on -site or off -site supportive services such as food,transportation and counseling to the residents thereof. The term shall include any boarding house,dormitory,apartment building,or other dwelling when developed,presented,advertized,operated as a recovery home as defined herein,but shall not include hospitals,nursing homes,group homes for the handicapped or disabled,child crisis and domestic violence shelters,and supervised living facilities,or any facility providing treatment or therapy to patients or clients who do not reside on the premises. RECREATION FACILITIES shall mean those buildings,structures of areas built or developed for purpose of entertaining,exercising or observing various activities participated in either actively or passively by individuals or organized groups. RECREATIONAL VEHICLE shall mean a vehicular type unit which is: A.A portable camping trailer mounted on wheels and constructed with collapsible partial sidewalls which fold for towing by another vehicle and unfold for camping; B.A motor home designed to provide temporary living quarters for recreational,camping or travel use,and built on or permanently attached to a self-propelled motor vehicle chassis or on a chassis cab or van that is an integral part of the completed vehicle: C.A park trailer [park model]built on a single chassis,mounted on wheels and designed to be connected to utilities necessary for operation of installed fixtures and appliances and has a gross trailer area of not less than three hundred twenty (320)square feet and not more than four hundred (400)square feet when i t is setup,except i t does not include fifth -wheel trailers; D.A travel trailer mounted on wheels,designed to provide temporary living quarters for recreational,camping or travel use,of a size or weight that may or may not require special highway movement permits when towed by a motorized vehicle and has a trailer area of less than three hundred twenty (320)square feet.This includes fifth -wheel trailers.If a unit requires a size or weight permit,it must be manufactured to the standards for park ORDINANCE NO.1093 PAGE TWENTY-SIX OF THIRTY-THREE trailers in Section A119.5 of the American National Standards Institute Code;or E.A portable truck camper constructed to provide temporary living quarters for recreational travel,or camping use and consisting of a roof,floor and sides designed to be loaded onto and unloaded from the bed of a pickup truck.A recreational vehicle shall not be considered a dwelling nor be occupied as such,and is not a manufactured home. RECREATIONAL VEHICLE PARK shall refer to facilities for the temporary storage, parking and maneuvering of recreational vehicles with adequate roads and stall site,including sanitary and water facilities.Site locations are provided on a day-to-day basis.A Recreational Vehicle Park is not a manufactured/mobile home park. RECREATIONAL VEHICLE SPACE shall mean a plot of ground within a recreational vehicle park designed for the accommodation of one (1)recreational vehicle. RECYCLING CENTER shall mean a building within which recoverable resources such as newspaper,glass,and cans are collected,separated,and processed essentially by hand prior to shipment to others for use in the manufacture of new products.This does not include a junk yard. RECYCLING COLLECTION POINT shall mean an incidental use that serves as a neighborhood drop-off point for temporary storage of recoverable resources. Such facilities would consist of small enclosed containers,and would generally be located in shopping center parking lots or other public/quasi- public areas such as at schools or churches. RESIDENTIAL CARE INSTITUTION shall mean a health care institution other that a hospital or a nursing care institution which provides resident beds,custodial care services or health related services for persons who do not need inpatient nursing care. RESIDENTIAL FACILITY shall mean a home in which six (6)or fewer persons with developmental disabilities live and which is licensed,operated or supervised by the Department of Economic Security of the State of Arizona. RESTAURANT shall mean an establishment which serves food or beverages only to persons seated within a building and including cafes,coffee shops and tea rooms. ORDINANCE NO.1093 PAGE TWENTY-SEVEN OF THIRTY-THREE RETAIL shall mean the business of selling personal property directly to the ultimate consumer for any purpose other than for resale,or providing services or entertainment to the general public. RIGHT-OF-WAY shall mean land which by deed,conveyance,agreement,easement, dedication,usage or process of law is reserved for or dedicated to the general public for street,highway,alley,public utility,pedestrian walkway, bikeway,drainage or other purpose. ROADWAY shall mean all or part of any platted or designed public street, highway,alley,lane,parkway,avenue,road,sidewalk,public utility easement or other public way,whether or not i t has been used as such. SANITORIUM (Includes "SANITARIUM"and "REST HOME")shall mean a building or group of buildings arranged,intended,designed or used for the housing,care, treatment of sick people or convalescents other than those mentally ill or afflicted with infectious,contagious or communicable diseases. SECURE FACILITY shall mean a facility that is licensed and monitored by the developmental disability division of the Department of Economic Security of the State of Arizona,that is designed to provide both residential and program services within the facility and that is operated to prevent clients from leaving because of the danger they may present to themselves and the community. SEMI-PROFESSIONAL shall include insurance brokers,photographic studios, public stenographers,real estate brokers,stock brokers,and other persons who operate or conduct offices which do not require the stocking of goods for sale at wholesale or retail,but does not include barbers,beauty operators, cosmetologists,embalmers or morticians. SERVICE PROVIDER shall mean a person or agency that provided services to clients pursuant to a contract or service agreement with the State division of developmental disabilities of the Department of Economic Security of the State of Arizona. SETBACK shall mean the distance between the established lot line and any building. SETBACK LINE,FRONT YARD shall mean the line which defines the depth of the required front yard.Said setback line shall be parallel with the street line and be removed therefrom by the perpendicular distance prescribed for the front yard of the zone in which the property is located. ORDINANCE NO.1093 PAGE TWENTY-EIGHT OF THIRTY-THREE SETBACK LINE,REAR YARD OR SIDE YARD shall mean the line which defines the width or depth of the required rear or side yard.Said setback line shall be parallel with the property line,removed therefrom by the perpendicular distance prescribed •for the yard of the zone in which the property is located. Where the side or rear yard abuts a street,the distance shall be measured as set forth in the "Setback Line,Front Yard." SIGN [SEE ARTICLE 21,SIGN CODE OF THE ZONING ORDINANCE] SIGN,OFF -PREMISE [SEE ARTICLE 21,SIGN CODE OF THE ZONING ORDINANCE] SITE PLAN shall mean a plan,prepared to scale,showing accurately and with complete dimensioning,all of the buildings,structures and uses and the exact manner of development proposed for a specific parcel of land. SOCIAL SERVICE FACILITY shall mean an establishment where the principal function involves providing on -site food,clothing,shelter,employment or other related services primarily intended for economically disadvantaged persons with limited ability for self -care,or those persons in need of counseling for employment,or those persons with personal or behavioral disabilities.The term shall include homeless shelters,charity dining facilities,plasma centers,rescue missions,day labor hiring centers, substance abuse detoxification and treatment centers,halfway houses and similar facilities,but shall not include State licensed care facilities such as homes for the developmentally disabled,child crisis,and domestic violence centers. SOLID WASTE LANDFILL shall mean a facility,area of land or excavation in which solid wastes are placed for permanent disposal.Solid waste landfill does not include a land application unit,surface impoundment,injection well, compost pile or waste pile or an area containing ash from the on -site combustion of coal that does not contain household waste,household hazardous waste or conditionally exempt small quantity generator waste. SPECIAL USE PERMIT shall mean a discretionary authorization issued by the City Council upon a finding,through a public hearing that the proposed activity is in conformance with the intent of this Code,the General Plan,and/or other specified plans or written policies,and will be compatible with,and not detrimental to adjacent properties or the neighborhood in general.Such permit may be limited by specific conditions,restrictions terms or time periods. ORDINANCE NO.1093 PAGE TWENTY-NINE OF THIRTY-THREE SPOT ZONING shall mean zoning not compatible to the area;no other existing like zoning in the area;not an extension of an existing zoning district; zoning which does not fit area or neighborhood plan. STABLE,COMMERCIAL shall mean a structure or site for horses,mules or ponies which are rented,used or boarded on a commercial basis for compensation. STABLE.PRIVATE shall mean an accessory building for the keeping of horses, mules or ponies owned by the occupants of the premises and not rented,used or boarded on a commercial basis for compensation. STATE shall mean the State of Arizona. STORY shall mean that portion of a building included between the surface of any floor and the surface of the floor next above it,or if there be no floor above it,then the space between such floor and the ceiling next above it. STREET shall mean a public thoroughfare or right-of-way or approved private thoroughfare or right-of-way determined by the Commission to be adequate for the purpose of access,which affords the principal means of access for abutting property including avenue,place,way,drive,land,boulevard, highway,road and any other thoroughfare,except as excluded in this Ordinance.The word "street"shall include all major and secondary highways, collector streets,and local streets but shall not include alleys. STRUCTURAL ALTERATION shall mean any change in or alteration to a structure involving a bearing wall,column,beam or girder,floor or ceiling joists, roof rafters,roof diaphragms,foundations,piles,retaining walls,or similar components,or which expands the height,bulk,or area thereof. STRUCTURE shall mean anything constructed or erected,any office or building of any kind,or any piece of work artificially built up or composed of parts joined together in some definite manner,which requires location on or in the ground or is attached to something having a location on or in the ground, including but not limited to manufactured/mobile homes,pre-fab storage sheds,light standards,flag poles,church spires,antennas,swimming and wading pools,and covered patios,excepting paved areas,concrete walks, tennis courts,and similar outdoor areas,and further excepting walls and fences less than four and one-half feet (4-1/2')in height when located in front yards,or less than six feet (6')in height when located in side or rear yards. ORDINANCE NO.1093 PAGE THIRTY OF THIRTY-THREE SUPERMARKET shall mean a market having 10,000 square feet or more of floor area devoted principally to the sale of food. SUPERVISED LIVING FACILITY shall mean a residential living facility which provides supervision or regulation of the behavior,living conditions,or the monitoring of the times residents leave,return,or are absent from the facility or persons on probation,parole,pre-trial release or pursuant to the terms of a conditional release or pre-release from jail,prison,or correctional facility.Such facility may also provide on -site or off -site supportive services such as food,transportation or employment counseling. The term shall include any boarding house,dormitory,apartment building,or other dwelling when developed,promoted,advertised,or operated as a supervised living facility,but shall not include group homes for the handicapped or disabled,recovery homes,facilities providing counseling or other services to individuals who do not reside on the premises. SUPERVISORY CARE HOME shall mean residential care institution which has one or more ambulatory persons who require supervisory care services and who are unrelated to the administrator or owner of such home. SUPERVISORY CARE SERVICES shall mean accommodations,board and general supervision,including assistance to persons in the self -administration of prescribed medications. SUPPORT SERVICES/RELATED SUPPORT SERVICES shall mean services other than home health services which may reasonably be expected to help maintain an individual in his/her home as an alternative to institutionalization.Such services may include but are not limited to nutrition,counseling,meals services,homemaker services,general maintenance services and transportation services. TRANSFER FACILITY shall mean a site that is owned,operated or used by any person for the re -handling or storage for ninety days or less of solid waste that was generated off -site for the primary purpose of transporting that solid waste.Transfer facility includes those facilities that include significant solid waste transfer activities that warrant the facility's regulation as a transfer facility. TRANSITIONAL SHELTER/HOUSING shall mean residential accommodations,including support or counseling services for homeless individuals and/or families or probationers or parolees.The intent of this type of facility is to provide a stable environment for the homeless or parolees or probationers and to facilitate self sufficiency.This type of facility typically involves ORDINANCE NO.1093 PAGE THIRTY-ONE OF THIRTY-THREE a situation wherein the resident is accountable to the owner or operator for his location and conduct among other factors.The use of the United States Department of Housing and Urban Development repossessed single family residences for shelter purposes shall not be defined as "transitional shelter". TRAVEL TRAILER [SEE RECREATIONAL VEHICLE] TRUCK STOP shall mean a facility for the servicing of trucks and tractor trailers,with or without a convenience market.One or more of the following uses shall constitute a truck stop.1).Four (4)or more diesel fuel pumps. 2).Two (2)or more truck washing bays.3).Facilities for the repair of diesel engines. TRUCK YARD shall mean the parking,storage,or maintenance of two (2)or more commercial vehicles on any given lot or parcel of land. UNLICENSED VEHICLE shall mean any motor vehicle which is not currently licensed in the State of Arizona. USE shall mean the purpose for which land or a building is arranged,designed or intended,or for which either land or building is or may be occupied or maintained. USE,PERMITTED shall mean a use specifically allowed or a use analogous to those specifically allowed. USE,PROHIBITED shall mean a use not specifically allowed nor analogous to those specifically allowed. VARIANCE shall mean a grant of relief from the requirements of this Ordinance which permits construction in a manner that would otherwise be prohibited by this Ordinance,generally involving dimensional and locational provisions,but not land use. WAREHOUSE shall mean a building or portion thereof used for the commercial storage of goods or merchandise and where no retail or wholesale operations are conducted at the site. WAREHOUSING shall mean the use of a building or buildings for the storage of goods of any type,when such building or buildings contain more than five hundred square feet (500 sq.Ft).Of storage space and where no retail operation is conducted. ORDINANCE NO.1093 PAGE THIRTY-TWO OF THIRTY-THREE WASTE TIRE COLLECTION SITE shall mean a site where waste tires are collected before being offered for recycling or reuse and where more than five hundred tires are kept on site on any day. A.WASTE TIRE:any tire that 1)is no longer suitable for its original intended purpose because of wear;2)is removed from a motor vehicle and is retained for further use;3)has been chopped or shredded;4)is otherwise defined in Arizona Revised Statutes §49-701(39). WATER OR DRAINAGE COURSE shall mean any lake,river,creek,stream,wash, arroyo,channel,or other course through which waters flow at least periodically.The term may include specifically designated areas in which substantial flood damage may occur. WHOLESALING shall mean the selling of any type of goods or materials for the purpose of resale. YARD shall mean any open space on the same lot with a building or dwelling, which open space is unoccupied and unobstructed from the ground to the sky except for the projections permitted by this Ordinance. YARD,FRONT shall mean a space between the front yard setback line and the front lot line or further street line,and extending the full width of the lot. YARD,REAR shall mean a space between the rear yard setback line and the rear lot line,extending the full width of the lot. YARD,SIDE shall mean a space extending from the front yard,or from the front lot line where no front yard is required by this Ordinance,to the rear yard, or rear lot line,between a side lot line and the side yard setback line. ZONE shall mean a classification established by this Ordinance which limits or permits various and specific uses. ZONING ADMINISTRATOR shall mean the City of Apache Junction official who initially determines zoning and land development compliance,as appointed by the Director of Development Services. ZONING ORDINANCE OR ORDINANCE shall mean the zoning regulations of the City of Apache Junction,Arizona,set forth in the Apache Junction City Code,Vol.II, Land Development Code,Chapter 1. ORDINANCE NO.1093 PAGE THIRTY-THREE OF THIRTY-THREE