(1) Words used in the present tense include the future; words used in the singular include the plural; and words in the plural include the singular.

(2) The words “shall” and “will” are mandatory. The words “may,” “could” and “should” are permissive. The words “guidelines,” “provisions,” “standards” and “regulations” are used interchangeably and are mandatory.

(3) The word “person” includes an individual, firm, partnership, joint venture, corporation, association, organization, estate, trust, receiver, or any other group or combination acting as a singular entity, including the federal government, another city or town, county, or school district, except as exempt by law.

(4) The following words or terms when applied in this title may be used interchangeably unless contrary to the circumstances: “lot,” “plot,” “parcel” or “premises”; and “building” applies to the word “structure.”

ABUTTING. The condition of two adjoining properties having a common property line or boundary or being contiguous to each other.

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 title.

ACCESSORY BUILDING. A detached building, situated on the same lot or building site, the use of which is customarily incidental to that of a principal use of the main building or premises. This does not include manufactured homes or recreational vehicles.

ACCESSORY USE. A subordinate use of a building, other structure, or land that is clearly incidental to the use of the primary building, other structure, or use of the land and is conducted on the same lot with the primary building, other structure or use of land.

ADJACENT. Nearby, but not necessarily touching.

ADJOINING. Touching at some point.

ADMINISTRATIVE DECISION. Any decision on a development application made by the Zoning Administrator or his/her authorized representative pursuant to this title.

ADULT ARCADE. Any place to which the public is permitted or invited, wherein coin-operated or slug-operated or electronically, electrically, or mechanically controlled still or motion picture machines, projectors, or other image-producing devices are regularly maintained to show images to five or fewer persons per machine at any one time, and where the images so displayed are distinguished or characterized by their emphasis upon matters exhibiting “specified sexual activities” or “specified anatomical areas.”

ADULT BOOKSTORE, ADULT NOVELTY STORE or ADULT VIDEO STORE. A commercial establishment which has as a significant or substantial portion of its stock-in-trade or derives a significant or substantial portion of its revenues or devotes a significant or substantial portion of its interior business or advertising, or maintains a substantial section of its sales or display space for sale or rental for any form of consideration any one or more of the following:

ADULT CABARET. A nightclub, bar, restaurant, or similar commercial establishment which regularly features:

ADULT MOTEL. A hotel, motel, or similar commercial establishment which:

ADULT MOTION PICTURE THEATER. A commercial establishment where, for any form of consideration, films, holograms, computer simulations, motion pictures, video cassettes, slides or similar photographic reproductions are regularly shown or displayed which are characterized by the depiction or description of “specified sexual activities” or “specified anatomical areas.”

ADULT ORIENTED BUSINESS. This term is synonymous with “sexually oriented business” and means an adult arcade, adult bookstore, adult cabaret, adult motel, adult theater, adult motion picture theater, adult video store, escort agency, nude model studio, or sexual encounter center. (Chapter 5.20 SLCC, Sexually Oriented Businesses.)

ADULT THEATER. A theater, concert hall, auditorium, or similar commercial establishment which regularly features persons who appear nude or semi-nude, or in live performances which are characterized by the exposure of “specified anatomical areas” or by “specified sexual activities.”

ADULT VIDEO STORE. See ADULT BOOKSTORE.

AGRICULTURAL ANIMALS.

AGRICULTURAL BUILDING. A structure designed and constructed to house farm implements, hay, grain, poultry, livestock or other horticultural products. This structure shall not be a place of human habitation or a place used by the public.

ALLEY. A public or private thoroughfare, other than a street, which affords a secondary means of vehicular access to abutting property and not intended for general traffic circulation.

ALTERATION. Any architectural, structural, or use change to a building that requires a permit under the building code of the City.

AMATEUR RADIO TOWER. A freestanding or building-mounted structure, including any base, tower or pole, antenna and appurtenances, intended for airway communication purposes by a person holding a valid amateur radio (ham) license issued by the Federal Communications Commission.

AMENDMENT. A change in the wording, application, or substance of this title, or an addition or deletion or change in the zoning district boundaries or classifications of the zoning map.

ANTIQUE SHOP. A retail business specializing in the sale of merchandise made in, or typical of, a previous era. Typical merchandise includes, but is not limited to, furniture, silverware, glassware, and other collectibles. Items shall not be donated for resale, but may be displayed on consignment.

ARCHEOLOGICALLY SIGNIFICANT. A site which has revealed or has the potential of revealing important information regarding the lifestyles of prehistoric peoples and/or cultures which occupied the City and surrounding region in prehistoric and historic times.

A.R.S. The abbreviation for the Arizona Revised Statutes.

ASSISTED LIVING FACILITY. Providing a homelike environment where people can remain as independent as possible, for as long as possible and are licensed by the Arizona Department of Health Services. This designation is determined by the level of care given and not by the number of residents.

ATTACHED BUILDING. Any structure sealed from the elements with a permanent slab foundation and architecturally integrated with the main structure.

AUTOMOBILE REPAIR (GENERAL). Servicing of motor vehicles including tire repair, battery changing, engine rebuilding and transmission repair, storage of merchandise and supplies related to the servicing of motor vehicles, sale of lubricants, automobile washing and lubrication, but excluding body work and painting of vehicles, or other similar activities.

AUTOMOBILE SERVICE STATION. A convenience use having pumps and storage tanks or other facilities from which gasoline, diesel or alternative fuels are dispensed into motor vehicles.

AWNING. An architectural projection that provides weather protection, identity or decoration and is wholly supported by the building to which it is attached. An AWNING is comprised of a lightweight, rigid skeleton structure over which a covering is attached.

BABY-SITTING. Any residential dwelling in which child care is regularly provided for compensation for no more than four children who do not reside in the home.

BAR or COCKTAIL LOUNGE. An establishment whose primary business is the serving of alcoholic beverages to the public for consumption on the premises and where food may be available for consumption as an accessory use.

BED AND BREAKFAST ESTABLISHMENT. A dwelling in which the occupants of the dwelling provide, for compensation, short-term lodging and meals for guests, occupying not more than four guest rooms, located within the same principal dwelling. Any dwelling in which more than four guest rooms are provided shall be deemed a hotel.

BOARD. The City of San Luis Board of Adjustment.

BUILDABLE AREA. The portion of a lot which is within the envelope formed by the required setbacks or building envelope, if applicable. See YARD definitions within this section.

BUILDING. Any structure having a roof supported by columns or walls for the shelter, use, occupancy, or enclosure of persons, animals, or chattel or property of any kind, with the exception of dog houses, playhouses and similar structures.

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, steps, roof overhangs, and balconies.

BUILDING HEIGHT. The vertical distance measured from the natural grade to the highest point of the coping of a flat roof, or to the highest point of a mansard roof, or to the highest gable of a pitch or hip roof.

BUILDING OFFICIAL. An employee of the City authorized to issue building permits and certificates of occupancy and to administer all applicable construction codes.

BUILDING PERMIT. An authorization to construct, repair, alter, or add on to a building or structure as issued by the Building Official and authorized by the Zoning Administrator.

BUILDING, PRINCIPAL. A building or structure in which the principal or dominant use of the property is conducted.

BUILDING SETBACK LINE. The required minimum distance, as prescribed by this title, between the property line and the closest point of any building or structure.

CARGO CONTAINER. A standardized, reusable vessel that is or appears to be originally, specifically or formerly designed for or used in the packing, shipping, movement or transportation of freight articles, goods or commodities. Also frequently referred to as a “sea container.”

CARPORT. A roofed structure which may be attached or unattached to the principal structure providing space for the storage of motor vehicles, at least two sides of which shall be at least 50% open. Enclosed storage facilities may be provided as part of a CARPORT.

CEMETERY. Land used or intended to be used for the burial of the dead and dedicated for cemetery purposes including columbariums, crematoriums, mausoleums, and funeral establishments, when operated in conjunction with and within the boundary of such cemetery.

CHEMICAL EXTRACTION. The process of removing a particular component of a mixture from others present, including removing resinous tetrahydrocannabinol from marijuana.

CHEMICAL SYNTHESIS. Production of a new particular molecule by adding to, subtracting from, or changing the structure of a precursor molecule.

CHILD CARE CENTER (DHS LICENSED CHILD CARE CENTER). Any facility in which the care, supervision and guidance of a child or children are regularly provided for compensation for ten or more children. The CHILD CARE CENTER shall meet all requirements for certification by the appropriate state agencies and City departments.

CHILD CARE, HOME-BASED (DHS CERTIFIED GROUP HOME). Any residential dwelling in which child care is regularly provided for compensation for no more than ten children who do not reside in the home. The home-based child care center shall meet all requirements for certification by the appropriate state agencies and City departments.

CITY. The City of San Luis.

CLUSTER DEVELOPMENT. A development design technique that concentrates development/buildings in specific areas on a site, rather than distributing them evenly, thereby allowing the remaining land to be retained as natural open space for the preservation of sensitive lands, parks, and public open space areas.

COMMISSION. The Planning and Zoning Commission of the City of San Luis.

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

CONSUME, CONSUMING, and CONSUMPTION. The act of ingesting, inhaling or otherwise introducing marijuana into the human body.

CONSUMER. An individual who is at least 21 years of age and who purchases marijuana or marijuana products.

CONTIGUOUS. See ABUTTING.

CONVENIENCE MARKET. A small-scale retail establishment the primary purpose of which is the sale of fresh or packaged food, dry goods, and nonprescription medicine primarily to customers from the immediate neighborhood or area. A CONVENIENCE MARKET shall not exceed 5,000 square feet of gross floor area.

CORRAL. A fenced area for the confinement of large agricultural animals.

COUNCIL. The City Council of the City of San Luis.

CULTIVATE and CULTIVATION. To propagate, breed, grow, prepare and package marijuana.

DECORATIVE WALL. A decorative wall shall mean stucco or masonry that matches the architectural style of adjacent on-site buildings.

DEMOLISH. To pull down or tear down a structure without regard to maintaining the visual or structural integrity of its various components.

DELIVER and DELIVERY. The transportation, transfer or provision of marijuana or marijuana products to a consumer at a location other than the designated retail location of a marijuana establishment.

DENSITY. A ratio expressing the number of dwelling units, lots or spaces per acre. For the purpose of calculating DENSITY the equation shall be as follows:

DENSITY TRANSFER. Permitted unused allowable densities in one area to be used in another area of the same development. (Examples: within a subdivision clustering of homes on smaller lots to retain larger open space areas; within the floodplain area to cluster homes at a higher elevation to retain undisturbed floodplains.)

DEPARTMENT. The State of Arizona Department of Health Services or its successor agency.

DESIGNATION. The process through which a site, structure, object or district is officially recognized as worthy of preservation.

DEVELOPER. A person, firm, partnership, joint venture, trust, syndicate, association, corporation, limited liability company or other legal entity who desires to improve or otherwise engage in any development of property within the City of San Luis, including the owner of the property, except that an individual serving as agent for such legal entity is not a DEVELOPER.

DRIVEWAY SHADE STRUCTURE. A structure with a roof or a canopy located on the principal driveway that, if unattached, is open on all sides. If the DRIVEWAY SHADE STRUCTURE is attached to the principal structure, its only closed side is the one side attached to the principal structure. A DRIVEWAY SHADE STRUCTURE consists of no more than four columns to support that structure; said columns shall not be wider than six inches by six inches in width. A DRIVEWAY SHADE STRUCTURE may have an overhang of up to two feet and shall follow the same yard setback as the principal driveway. Its only function is to provide a place for shading motor vehicles.

DUAL LICENSEE. An entity that holds both a nonprofit medical marijuana dispensary registration and a marijuana establishment license.

DUSTPROOF SURFACE. Includes one or more of the following dustproof paving methods:

DWELLING, MULTIPLE RESIDENCES. A building or buildings containing two or more housekeeping units.

DWELLING, SINGLE RESIDENCE. A building containing only one housekeeping unit.

DWELLING UNIT. A room or group of rooms within a building containing provisions for living, sleeping, eating, cooking, and sanitation which is designed to be occupied exclusively by a single housekeeping unit.

EMPLOYEE, EMPLOY, and EMPLOYMENT. Describe and pertain to any person who performs any service on the premises of a sexually oriented business on a full-time, part-time, or contract basis, regardless of whether the person is denominated as an employee, independent contractor, agent, or by another status. EMPLOYEE does not include a person exclusively on the premises for repair or maintenance of the premises, or for the delivery of goods to the premises.

ENCLOSED AREA. A building, greenhouse, or other structure that:

ENFORCEMENT OFFICER. The Chief of Police, City Zoning Administrator or such person as may be designated by the City Council.

ESCORT. A person who, for consideration, and for another person, agrees or offers to act as a companion, guide, date or to privately model lingerie or to privately perform a striptease.

ESCORT AGENCY. A person or business association who furnishes, offers to furnish, or advertises to furnish escorts as one of its primary business purposes, for a fee, tip, or other consideration.

ESTABLISH or ESTABLISHMENT. Any of the following:

EXHIBIT. Any graphic representation noted as “Exhibit” within this title that is used to illustrate and exemplify certain standards and regulations contained within the language of this title. If an EXHIBIT and text of this title conflict, the written text of the ordinance shall control.

EXTRACTION. The process of extracting or separating resin from marijuana to produce or process any form of marijuana concentrates using water, lipids, gases, solvents, or other chemicals or chemical processes.

FACTORY-BUILT BUILDING. 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 it does not include a manufactured home, recreational vehicle or mobile home as defined elsewhere in this title.

FARM/AGRICULTURE. An agricultural use, and all accessory structures customarily associated with such use, where the growing and harvesting of field, tree or bush crops including flowers is the primary land use, along with the incidental raising of agricultural animals takes place, and which may or may not utilize employees who are not owners or family of the owners. Does not include: dairies, concentrated animal feeding operations (CAFO), slaughter and meat packing plants, or fertilizer yards.

FENCE or WALL HEIGHT. Where a fence or wall faces a public street, highway or alley, height shall be measured from the top of the curb, or, where no curb exists, the centerline of the street, highway, or alley. Where a fence or wall is between two properties, the height shall be the average measured from each side of the base of the fence as established at the time of final grading. A retaining wall will be counted as part of the total wall or fence height where the minimum horizontal distance between the retaining wall and the fence is less than the average height of the retaining wall. Where the minimum horizontal distance between the retaining wall and the fence is greater than the average height of the retaining wall the fence or wall height shall be measured from the base of the fence or wall.

FLOOD HAZARD ZONE. Any land area partially or wholly within a delineated floodplain susceptible to flood-related damage as designated on the flood management maps. Such FLOOD HAZARD ZONES may include, but not be limited to, areas highly susceptible to erosion, stream meander sensitivity, moveable bed, scour, wave action, and subsidence.

FLOODPLAIN. Areas adjoining the channel of a watercourse, or areas where drainage is or may be restricted by manmade structures which have been or may be covered partially or wholly by floodwater from the 100-year flood. It means the combined areas of the floodway and the floodway fringe (see illustration below). A FLOODPLAIN may be that area further defined by the Yuma County Flood Control District and as shown on Federal Emergency Management Agency (FEMA) flood insurance rate maps (FIRM) or an approved flood control study.

FLOODPLAIN ADMINISTRATOR. The Yuma County Floodplain Administrator.

FLOODWAY. The channel of a river or other watercourse and the adjacent land areas necessary in order to discharge the 100-year flood without cumulatively increasing the water surface elevation more than one foot.

FLOODWAY FRINGE. That area of the floodplain on either side of the floodway where encroachment may be permitted.

FLOOR AREA, GROSS (GFA). The combined gross area of all of the floor(s) within the exterior walls of a building. Included shall be any basement floor, interior balconies and mezzanines, elevator shafts and stairwells and enclosed porches. The floor area of accessory uses and of accessory buildings on the same lot shall be included.

FLOOR AREA RATIO (FAR). The ratio of the floor area of all structures on a parcel to the net lot area of the parcel expressed as a percent or decimal.

FAR = (total floor area) / (total net lot area)

FRONTAGE. The frontage of a parcel of land is that distance where a property line is common with a road right-of-way.

FUNERAL PARLORS and MORTUARIES. An establishment primarily engaged in the provision of services involving the care, preparation, or disposition of the human dead and conducting memorial services. Typical uses may include a crematory, columbarium, mausoleum, or mortuary.

GARAGE SALE. The sale on residential property of goods typically associated with residential use, conducted by a resident of the property.

GENERAL PLAN. A comprehensive plan pursuant to A.R.S. § 9-461.05, providing for the future growth and improvement of the City and for the general location of streets, schools and recreation areas, public building sites, and other physical development, and including any part of such plan separately adopted and any amendment to such plan, or parts thereof.

GRADE, FINISH. 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. Building elevations for purposes of height limitations shall be measured from NATURAL GRADE.

GROCERY STORE. A retail establishment which primarily sells food, but also may sell other convenience and household goods, and which occupies at least 5,000 square feet but not more than 25,000 square feet of gross floor area.

GROUP HOME. Dwelling unit shared as their primary residence by handicapped, elderly or other persons living together as a single housekeeping unit in which staff persons provide on-site care, meals, supervision, and other support services for the residents. The facility shall be licensed by the State of Arizona.

GUEST HOUSE. Living quarters for immediate family or guests on the premises in an accessory building or attached to the principal residence. A GUEST HOUSE shall not be rented and/or otherwise used for income purposes.

HOME OCCUPATION. A business activity conducted as an accessory use to a dwelling unit.

HOTEL. A building designed for occupancy by persons for which lodging or boarding is provided and offered to the public for compensation and in which ingress and egress to and from all guest rooms are made through an inside lobby or office. A HOTEL shall customarily provide housekeeping, bellhop, laundry, and on-site recreation services.

HOUSEKEEPING UNIT. Any number of related persons living together within a single-dwelling unit; provided, however, that it shall not include a group of more than five persons living together who are unrelated by blood, marriage or adoption.

INDIVIDUAL. Any private individual, tenant, lessee, owner, or any commercial entity including, but not limited to, companies, partnerships, joint ventures or corporations.

JUNK AUTOMOBILE. 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 72 or more hours.

JUNK YARD. The use of a lot, or portion thereof, for the storage, keeping, baling, packing, disassembly, exchange or handling of, including but not limited to junk, scrap iron and other metals, paper, rags, rubber tires, bottles, dismantled or wrecked automobiles or other motor vehicles or machinery but does not include uses confined entirely within enclosed buildings.

KENNEL. Any premises in which four or more dogs three months of age or older are kept; or where the business of buying, selling, breeding, grooming, training or boarding of dogs is conducted; does not include veterinary hospitals or humane societies.

LARGE RETAIL ESTABLISHMENT. A retail establishment (store) with any commercial retail uses or combination of such commercial retail uses comprised of greater than 25,000 square feet. The 25,000 square feet of floor area includes gross floor area and ancillary outdoor storage or merchandise display areas. The floor area does not include motor vehicle parking or loading areas. For purpose of determining the applicability of the 25,000 square foot area, the aggregate square footage of all adjacent stores with common check stands, management, a controlling ownership interest, and storage areas, shall be considered one establishment, e.g., a plant nursery associated with a general merchandise area such as a home improvement area.

LICENSEE. A person in whose name a license to operate a sexually oriented business has been issued, as well as the individual listed as an applicant on the application for a license; and in the case of an employee, a person in whose name a license has been issued authorizing employment in a sexually oriented business.

LOADING SPACE. An off-street space or berth on the same lot with a building, or contiguous to a group of buildings, for the temporary parking of a commercial vehicle while loading or unloading merchandise or materials.

LOT. A single piece of property located in a recorded subdivision, having frontage on a publicly dedicated and accepted street or a private road approved and accepted by the City, which is described and denoted as such. A LOT also includes a parcel of land, shown in the records of the Yuma County Assessor’s Office, divided to be used separately from other parcels of property by description, as on a recorded survey map, or by metes and bounds, for purposes of sale, lease, or separate use in a legal manner pursuant to all state, county, and City requirements for the development and proposed use of that property.

LOT AREA (NET). The area of a horizontal plane within the lot lines of a lot but not including any area in a public way such as right-of-way, alleys, or easements.

LOT, CORNER. A lot located at the intersection of two or more streets.

LOT COVERAGE. The percentage of the area of a lot that is occupied by all buildings or other covered structures using the roof outline for all outer dimensions.

LOT DEPTH. The horizontal length of a straight line connecting the midpoints of the front and rear lot lines; and for triangular shaped lots, the shortest horizontal distance between the front lot line and 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 feet.

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 with the rear lot line of the corner lot and fronting on the street that forms the side boundary of the corner lot.

LOT LINE. A line dividing one lot from another or from a street or any public place.

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, except that in the absence of a REAR LOT LINE as is the case of the triangular shaped lot, the rear lot line may be considered as 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 feet.

LOT LINE, SIDE. The boundary of a lot that is not a front lot line or a rear lot line.

LOT, THROUGH. A lot having a pair of opposite lot lines abutting two streets, and which is not a corner lot (also known as a “double frontage lot”). On such lot, both lot lines are front, except that where a nonaccess easement has been established on such a lot, the front lot line shall be considered as that lot line most distant from the lot line containing the nonaccess easement.

LOT WIDTH.

1. 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 setback line on a line parallel to the street or street chord.
2. For lots on the inside of the curve of a street, the distance between side lot lines measured at the required minimum front yard setback line on a line parallel to the street or street chord.

MANUFACTURE and MANUFACTURING. To compound, blend, extract, infuse or otherwise make or prepare a marijuana product.

MANUFACTURED HOME. A residential dwelling built in accordance with and certified as a manufactured home under the Federal Manufactured Housing Construction and Safety Standards Act of 1974, which became effective June 15, 1976, and the laws of the State of Arizona Office of Manufactured Housing.

MANUFACTURED HOME PARK (LAND LEASE) DEVELOPMENT. A residential development, typified by single ownership of the land within the development, approved pursuant to this title for placement of manufactured homes used for residential purposes.

MANUFACTURED HOME SPACE. A plot of ground within a manufactured home park (land lease) development designed for the accommodation of one manufactured home with an annual lease.

MARIJUANA.

MARIJUANA CONCENTRATE.

MARIJUANA ESTABLISHMENT. An entity licensed by the Department to operate all of the following:

MARIJUANA PRODUCTS. Marijuana concentrate and products that are composed of marijuana and other ingredients and that are intended for use or consumption, including edible products, ointments, and tinctures.

MARIJUANA TESTING FACILITY. The Department or another entity that is licensed by the Department to analyze the potency of marijuana and test marijuana for harmful contaminants.

MASTER PLAN DEVELOPMENT. A development application which provides information and graphics meeting the requirements of this title, and an overall master plan meeting the requirements of the subdivision ordinance, for the purpose of implementing an integrated development scheme for all phases of the proposed development.

MEDICAL MARIJUANA DISPENSARY. A nonprofit medical marijuana dispensary duly registered and certified pursuant to A.R.S. § 36-2804.

MEDICAL MARIJUANA DISPENSARY OFF-SITE CULTIVATION LOCATION. The one additional location, if any, duly identified pursuant to A.R.S. § 36-2806(E) during the process of registering a nonprofit medical marijuana dispensary, where marijuana will be cultivated for sale at a nonprofit medical marijuana dispensary duly registered and certified pursuant to A.R.S. § 36-2804.

MOBILE FOOD VENDOR. A vehicle-mounted food service establishment designed to be readily movable. This term includes self-propelled kitchens, trailer-mounted kitchens, and/or any vehicle-mounted food service facility where food is composed, compounded, processed, or prepared and/or from which food in any form is sold or given away.

MOBILE HOME. A residential dwelling that was fabricated or built prior to enactment of the Federal Manufactured Housing Construction and Safety Standards Act of 1974, which became effective June 15, 1976. MOBILE HOMES are not permitted within the City of San Luis.

MOBILE VENDOR. A vehicle-mounted establishment designed to be readily movable. This term includes self-propelled units, trailer-mounted units, and/or any vehicle-mounted facility where goods in any form are sold or given away.

MODULAR HOME. A structure intended for residential use and manufactured off-site in accord with the Uniform Building Code (UBC) or International Building Code (IBC) as adopted by the City of San Luis. (See FACTORY-BUILT BUILDING).

MOTEL. A building or group of buildings containing guest rooms or rooming units, each of which maintains a separate entrance leading directly from the outside of the building. Such building or group of buildings being designed, intended, or used primarily for the accommodation of automobile travelers, and provide automobile parking conveniently located on the premises. MOTELS include motor courts, motor lodges and tourist courts, but not mobile home parks or recreational vehicle parks.

NET ACRES. The total acreage of a tract or parcel of land exclusive of the area existing or required for arterial or collector street right-of-way dedications and school/public site reservations. When calculating NET ACRES within a residential PUD any commercial and industrial zoned land must be excluded in addition to those uses previously listed herein.

NET LOT AREA. The area of a lot or parcel excluding all dedicated streets, alleys, roadway or alley easements.

NONCONFORMING BUILDING. A building or portion thereof which was lawful when established but which does not conform to a subsequently established district or district regulations.

NONCONFORMING LOT. A parcel of land which was lawful when established but which does not conform to a subsequently established district or district regulations and now has less area, frontage or dimensions than required in the district in which it is located.

NONCONFORMING USE. A use of land that:

NONPROFIT MEDICAL MARIJUANA DISPENSARY or MEDICAL MARIJUANA DISPENSARY. A nonprofit entity as defined in A.R.S. § 36-2801(12).

NUDE, NUDITY, or A STATE OF NUDITY. The showing of the human male or female genitals, pubic area, vulva, anus, or anal cleft 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.

NUDE MODEL STUDIO. Any place where a person who appears in a state of nudity or displays “specified anatomical areas” [a commercial establishment which regularly features a person (or persons) who appears semi-nude and] is provided to be observed, sketched, drawn, painted, sculptured, photographed, or similarly depicted by other persons who pay money or any form of consideration. A NUDE MODEL STUDIO does not mean a modeling class, or the facility for such class, operated:

NURSERIES, RETAIL. The use of land, buildings, or structures for the sales of plant materials, landscape materials, gardening supplies and fertilizer, excluding production of plant materials.

NURSING HOME. An extended health care facility licensed by the Arizona Department of Health Services (Office of Long Term Care Licensing) which provides lodging, meals, personal services, and skilled nursing and medical care on a long-term basis to individuals who, because of advanced age, chronic illness, or infirmity, are unable to care for themselves. They provide long-term care services to chronically ill persons, including those with chronic mental illness. Many NURSING HOMES also offer short-term rehabilitative services (such as those needed to help people continue to recover from recent hospitalization) and special units for people with Alzheimer’s disease or other types of dementia. NURSING HOMES are licensed by the Arizona Department of Health Services.

OPEN SPACE. A public park, public sidewalk, public walkway or public pedestrian thoroughfare.

OPEN SPACE, COMMON. Open space usable by all people within a certain development and such area is owned in common by all property owners in that development.

OPEN SPACE, NATURAL AREA. Open space areas required for the preservation and conservation of plant and animal life, including habitat for fish and wildlife species; and areas required for ecological, cultural and other scientific study purposes for long-term public benefit.

OPEN SPACE, PUBLIC. An open space area conveyed or otherwise dedicated to a municipality, municipal agency, school district, state or county agency, or other public body for recreational or conservational uses.

OPEN SPACE, USABLE. Land which can be actively used by people. This could include landscaped or hardscaped plazas, paseo and promenades, fountains and sitting areas meant to provide an open park like atmosphere. Also playgrounds, golf courses, bicycle trails (but not bike lanes), pedestrian trails (not residential sidewalks), and trail heads. USABLE OPEN SPACE does not include parking areas and vacant or undeveloped lots.

OPERATE or CAUSE TO BE OPERATED. To cause to function or to put in a state of doing business. “Operator” means any person on the premises of a sexually oriented business who is authorized to exercise operational control of the business, or who causes to function or who puts or keeps in operation, the business. A person may be found to be operating or causing to be operated a sexually oriented business regardless of whether that person is an owner, part owner, or licensee of the business.

OUTDOOR LIGHTING. See Chapter 18.85 SLCC.

OUTDOOR SALES. The display of products or services which are intended for retail or wholesale purchase not within a completely enclosed building.

OUTDOOR STORAGE. The location of any goods, wares, merchandise, commodities, junk, debris, or any other item outside of a completely enclosed building for a continuous period longer than 24 hours.

PARK(S). A public tract of land that contains a mix of active and passive recreation facilities including tot lots, defined and improved play fields and/or sport court areas, and picnic/seating/shade areas that are landscaped or hardscaped in a pleasing manner.

PARK MODEL RECREATIONAL UNIT. A unit built on a single chassis mounted on wheels, or originally mounted on wheels and from which the wheels have been removed, 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 320 square feet and not more than 400 square feet when it is set up, except that it does not include fifth-wheel trailers.

PERSON. An individual, partnership, corporation, association, or any other entity of whatever kind or nature.

PERSONAL DOG KENNEL. Any premises in which seven to a maximum of 12 dogs of three months of age or older are kept in accordance with Chapter 6.05 SLCC.

PLANNED UNIT DEVELOPMENT (PUD). A development of a minimum 40 or more contiguous acres, as specified by this title, in which flexibility can be sought in the zoning standards, in order to encourage more creativity and sustainable design, thereby providing usable open space within and about the development and enhancing the residential character of the City. PLANNED UNIT DEVELOPMENTS shall be subject to Planning Commission and City Council approval.

PLANT NURSERIES and GREENHOUSES. The use of land, buildings, or structures for the growth and production of flowers, plants and trees for transplanting or sale. It may also include, as accessory to the above activities, the sale of materials commonly used for landscaping purposes, such as soil, rock, bark, mulch and other materials determined by the Zoning Administrator to be landscaping materials.

PRINCIPAL USE. The main or primary use on any lot or parcel that establishes the basic land use characteristics of the property, as opposed to an accessory use. In some instances, a property may have more than one PRINCIPAL USE.

PROCESS and PROCESSING. To harvest, dry, cure, trim or separate parts of the marijuana plant.

PRODUCE STAND (FARMERS MARKET). A temporary open-air stand or place for the seasonal selling of agricultural produce. A produce stand must be portable and capable of being dismantled or removed from the sales site.

PROTECTED DEVELOPMENT RIGHT. The right to undertake and complete the development and use of property under the terms and conditions of a protected development right plan, without compliance with subsequent changes in zoning regulations and development standards during the term of the PROTECTED DEVELOPMENT RIGHT, except as provided by A.R.S. § 9-1204.

PROTECTED DEVELOPMENT RIGHT PLAN. A development plan identified as a PROTECTED DEVELOPMENT RIGHT PLAN at the time of the landowner’s submission, that, if approved by the Council, grants to the landowner a protected development right to undertake and complete development and use of the property as shown thereon for a specified period of time.

PUBLIC PLACE. Has the same meaning prescribed in the Smoke-Free-Arizona Act, A.R.S. § 36-601.01.

RANCH. An area of not less than five contiguous acres used for the keeping of agricultural animals, along with necessary accessory uses and limited crop production. Allowed RANCH uses shall include: equine boarding, breeding, training, and lessons; the sale of ranch animals; 4-H and other youth-related activities. Allowed RANCH uses do not include: dairies; concentrated animal feeding operations, liveries; the retail sale of hay, feed or tack; or equine activities open to the general public.

RANCH, COMMERCIAL. An area not less than ten contiguous acres which may be open to the general public and may be used for the following equine uses: polo fields; riding arenas used for scheduled public or club events or activities such as barrel racing, bull riding, cutting, gymkhanas, roping, team penning or other rodeo related activities. COMMERCIAL RANCH uses do not include: dairies; concentrated animal feeding operations, liveries; the retail sale of hay, feed or tack; or livestock auctions. A COMMERCIAL RANCH requires a conditional use permit.

RECREATIONAL FACILITIES, INDOOR. Establishments providing indoor amusement or recreation. Typical uses include: martial arts studios, billiard and pool halls, electronic and coin-operated game rooms, bowling alleys, skating rinks, and health and fitness establishments.

RECREATIONAL FACILITIES, OUTDOOR. Long-term facilities providing outdoor amusement and entertainment. Typical uses include miniature golf, skateboard parks, amusement parks, go-kart race tracks, and batting cages.

RECREATIONAL VEHICLE. A vehicular type of unit 40 feet or less in length and eight feet or less in width, primarily designed for temporary living quarters, recreation, camping, or travel use, which either:

RECREATIONAL VEHICLE PARK. An integrated development, in accordance with the provisions of this title, where recreational vehicles are used for temporary residential purposes.

RECREATIONAL VEHICLE SPACE. A parcel of land which is designated and intended for the accommodation of one recreational vehicle on a short-term basis.

REGULARLY FEATURES or REGULARLY SHOWN. A consistent or substantial course of conduct, such that the films or performances exhibited constitute a substantial portion of the films or performances offered as a part of the ongoing business of the sexually oriented business.

REGULATORY FLOOD ELEVATION. An elevation one foot above the base flood elevation.

RELIGIOUS INSTITUTION. A building, together with its accessory buildings, where the principal uses are for religious worship and related activities including meeting hall, administrative offices, private school, and clergy housing.

RELOCATED DWELLING UNITS. Either relocated site-built or factory-built structures which must meet current I.B.C. or U.B.C. codes for on-site work when placed at the new location. If the structure does not meet I.B.C. or U.B.C. codes, it will not be allowed.

RESIDENTIAL FACILITY FOR THE DEVELOPMENTALLY DISABLED. A home in which persons with developmental disabilities live and that is licensed, operated, supported or supervised by the Department. As per A.R.S. § 36-581 et seq., no conditional use permit, zoning variance or other zoning clearance shall be required of a residential facility which serves six or fewer persons which is not required of a single-family residence in the same zone. No RESIDENTIAL FACILITY FOR THE DEVELOPMENTALLY DISABLED shall be established within a 1,200-foot radius of an existing RESIDENTIAL FACILITY FOR THE DEVELOPMENTALLY DISABLED in a residential area.

RESORT. A building or group of buildings containing guest rooms providing outdoor recreational activities such as golf, tennis, horseback riding or swimming for guests. A RESORT may provide services customarily furnished by a hotel including restaurant, bar and convention facilities. A RESORT may contain dwelling units in conjunction with guest rooms.

SATELLITE DISH ANTENNA. An antenna designed to receive electromagnetic transmissions from a satellite.

SATELLITE EARTH STATION. A device consisting of an antenna and reflector, having any dimension of more than one and one-half meters, and is a solid or open mesh configured structure used for reception or transmission of radio energy to or from an earth orbit satellite or celestial body.

SEMI-NUDE or IN A SEMI-NUDE CONDITION. The showing of the female breast below a horizontal line across the top of the areola at its highest point or the showing of the male or female buttocks. This definition shall include the entire lower portion of the human breast, but shall not include any portion of the cleavage of the human female breast, exhibited by a dress, blouse, skirt, leotard, bathing suit, or other wearing apparel, provided the areola is not exposed in whole or in part.

SETBACK. The minimum required distance between a structure and a property line(s) of a parcel of land or other established reference point.

SEXUAL ENCOUNTER CENTER. A business or commercial establishment that, as one of its principal business purposes, offers for any form of consideration a place where two or more persons may congregate, associate, or consort for the purpose of “specified sexual activities.” The definition of SEXUAL ENCOUNTER CENTER or any sexually oriented businesses shall not include an establishment where a medical practitioner, psychologist, psychiatrist, or similar professional person licensed by the state engages in medically approved and recognized sexual therapy.

SEXUALLY ORIENTED BUSINESS. This term is synonymous with ADULT ORIENTED BUSINESS and means an adult arcade, adult bookstore, adult novelty store, adult cabaret, adult motel, adult theater, adult motion picture theater, adult video store, escort agency, semi-nude model studio, or sexual encounter center. (Chapter 5.20 SLCC, Sexually Oriented Businesses.)

SIGN. See Chapter 18.80 SLCC.

SITE-BUILT DWELLING. A structure or dwelling constructed on the site by craftsmen utilizing materials delivered to the site. The structure shall consist of footings and foundations poured in place and solidly attached to the walls. Roofing materials, interior and exterior finishes shall be applied on the site. All construction shall be in conformance with all uniform codes in force at the time of construction. This definition does not include relocated site-built homes.

SMOKE. To inhale, exhale, burn, carry or possess any lighted marijuana or lighted marijuana products, whether natural or synthetic.

SPECIFIED ANATOMICAL AREAS. Human genitals in a state of sexual arousal:

SPECIFIED CRIMINAL ACTIVITY.

SPECIFIED SEXUAL ACTIVITIES. Any of the following:

STABLE, COMMERCIAL. A stable of horses, mules, or ponies, which are bred, hired, shown or boarded on a commercial basis and for compensation. This facility may offer equestrian lessons and may include a show arena and viewing stands.

STABLE, PRIVATE. A detached accessory building for the keeping of horses, mules, or ponies owned by the occupants of the premises and not kept for remuneration, hire or sale.

STREET. An arterial street, collector street or local street.

STREET, ARTERIAL. An arterial street which is identified as a principal arterial street or minor arterial street as classified in the San Luis General Plan. The ARTERIAL STREETS carry most of the trips entering and leaving the urban area, control access, and have signalized intersections and restricted parking.

STREET, COLLECTOR. A major collector street or minor collector street as classified in the San Luis General Plan. The COLLECTOR STREETS provide the traffic movement from the neighborhoods or high-volume traffic-generating land uses to the arterial streets.

STREET, LOCAL. A local street permits direct access to abutting lands, traffic movements within neighborhoods, and connections to the collector and arterial street system.

STRUCTURAL ALTERATIONS. 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.

STRUCTURE. Anything constructed or erected which requires location on the ground or attached to something having location on the ground.

SUBSTANTIAL ENLARGEMENT. The increase in floor areas occupied by the business by more than 25%, as the floor areas on the date (Chapter 5.20 SLCC, Sexually Oriented Businesses).

TELECOMMUNICATIONS (WIRELESS COMMUNICATIONS). See Chapter 18.95 SLCC.

TENANT IMPROVEMENTS. The alteration of interior space.

TRANSFER OF OWNERSHIP OR CONTROL OF A SEXUALLY ORIENTED BUSINESS. Any of the following:

TRAVEL PLAZA/TRUCK STOP. Any building, premises, or land in which or upon which a business, service, or industry involving the maintenance, servicing, storage, or repair of commercial vehicles is conducted or rendered, including the dispensing of motor fuel or other petroleum products directly into motor vehicles and the sale of accessories or equipment for trucks and similar commercial vehicles. A TRAVEL PLAZA may also include overnight accommodations and restaurant facilities primarily for the use of truck crews.

USE. The purpose or activity for which land or buildings are designed, arranged, or intended, or for which land or buildings are occupied or maintained.

USE PERMIT. An authorization with appropriate stipulations by the City Council, as set forth in this title, for the development or use of any property that is subject to such a requirement.

YARD. An open area at grade level between a building and the adjoining lot lines, unoccupied and unobstructed by any portion of a structure from the ground upward, except as otherwise provided in this title.

YARD, FRONT. An open unoccupied space on the same lot with a main building, extending the full width of the lot and situated between the street line and the front line of the building projected to the side lines of the lot.

YARD, REAR. An open space on the same lot with a main building between the rear line of the building and the rear line of the lot extending the full width of the lot. The REAR YARD shall always be opposite the front yard.

YARD, SIDE. An open unoccupied space on the same lot with a main building situated between the building and the side line of the lot and extending from the front yard to the rear yard. Any lot line not a rear line or a front line shall be deemed a side lot line. An interior SIDE YARD is defined as the side yard adjacent to a common lot line.

ZONE. A district classification established by this title that limits or permits various and specific uses.

ZONING ADMINISTRATOR. The staff/official responsible for the enforcement and interpretation of this title.

ZONING CLEARANCE. The approval by the Zoning Administrator of a plan that is in conformance with this title.

ZONING DISTRICT. A zone area in which the same zoning regulations apply throughout the district.

ZONING ORDINANCE. The Zoning Ordinance of the City of San Luis. (Ord. 312 § 2(1.12), passed 4-11-2012; Ord. 368 § 1, passed 10-11-2017; Ord. 404 § 1, passed 12-9-2020; Ord. 440 § 1, passed 4-26-2023. Code 2012 § 152.013.)