Abandoned Vehicle. Any vehicle which is without the required current license plates or tabs, inoperable, stripped, unclaimed, scrapped, junked or discarded. Inoperable shall also mean a vehicle being repaired, other than at a commercial facility intended for such use, when such repairs take seventy two hours or more.

Abutting. Two adjoining properties sharing a common property line; also where two or more adjoin only at a corner, but not including cases where adjoining lots are separated by a street or alley.

Access or Access Way. Designated area, means or way by which pedestrians and vehicles have safe, adequate and usable ingress to a property or use, as required by this Ordinance.

Accessory Building. A structure in a zoning district which:

Accessory Use. Use customarily incidental, related, appropriate and clearly subordinate to the main use of a lot or building, which does not alter the principal use of subject lot or building, or adversely affect other properties in the district.

Adjacent. Condition of being near to (e.g., properties separated by a street or alley) or abutting.

Administrative Process Manual. The City of Goodyear Administrative Process Manual as adopted and amended from time to time by the City Council.

Adult Businesses. The following terms relate to definitions, distinctions and types of Adult Business:

Airport. Property used or intended primarily for taking off and landing of aircraft, and appurtenant areas used or intended for airport buildings or facilities (e.g., open spaces, taxiways and tie down areas, hangers and accessory buildings).

Alley. Public thoroughfare which affords only secondary vehicular access to abutting property and is not intended for general traffic circulation.

Amendment. Change in wording, context, or substance of this Ordinance (e.g., addition or deletion, or change in district boundaries or classifications on district map) which imposes any regulation not heretofore imposed, or removes or modifies any regulation heretofore imposed.

Amusement Park. An outdoor facility, which may include structures and buildings, where there are various devices for entertainment, including rides, booths for the conduct of games or sale of items, and buildings for show and entertainment.

Analogous Use. Comparable, similar, or resembling listed uses. Analogous uses shall not be any more deleterious, obnoxious, or harmful than uses permitted.

Animals. The following terms relate to definitions, distinctions, and types of animals.

Apartment. Suite of rooms, with cooking facilities and private bath and toilet facilities, used for living purposes. Each apartment shall be considered a dwelling unit.

Assisted Living Facility. A facility, licensed by the State of Arizona to provide supervised care for more than ten (10) adults who are living together by reason of age, disability, illness, infirmity or companionship and for whom meals, recreation or other diversion, and general health care is provided.

Assisted Living Home. Assisted Living Home. A single family detached dwelling having common kitchen facilities that provides resident rooms and is shared as a primary residence by one (1) to ten (10) persons with a disability or by one (1) to ten (10) elderly persons living together as a single housekeeping unit, which is licensed by the State of Arizona and which the operator provides or contracts to provide 24-hour supervisory care services, personal care services or directed care services on a continuous basis.

Attached Building. Building with parts of exterior wall in common with another building, or connected to another building by roof.

Automatic Car Wash. A structure containing facilities for washing automobiles using chain conveyor or other method of moving the cars along, and automatic or semi automatic application of cleaner, brushes, rinse water and heat for drying.

Automobile Dealer, New. Franchised agency selling new motor vehicles and providing services commonly associated with motor vehicle sales. New automobile dealership may include sale of used motor vehicles.

Automobile Dealer, Used. Agency selling used motor vehicles not in conjunction with or on same site as new motor vehicle franchise and providing services commonly associated with motor vehicle sales.

Automobile Storage Facility. Building or lot designed or used for storing of four or more vehicles.

Automobile Repair. All aspects of repair of motor vehicles including, but not limited to, lubrication, tune up and preventive maintenance.

Awning. Structure of canvas or metal projecting above a window or door, or over patio as protection from sun and rain.

Balcony. Portion of building projecting into required yard, and floor height is four feet or more above grade.

Bar or Cocktail lounge. Business establishment devoted primarily to alcoholic beverage service to which food service is only incidental, i.e. where state sales tax receipts from the sale of alcoholic beverages equals or exceeds fifty-five percent (55%) of the total state sales tax receipts including food.

Bar/Microbrewery. Facility with provision for the brewing of beer for on-premises consumption only. Maximum of 25% of the floor area shall be devoted to the brewery.

Barrel. A barrel container that can hold no more than 31 gallons.

Basement. Portion of a building located partly underground but having not less than half its floor to ceiling height below the average grade of the adjoining ground.

Block. Property abutting one side of the street, and lying between two nearest intersecting streets or railroad rights of way, unsubdivided acreage, or waterway (but not an alley or utility easement), of sufficient width as to interrupt continuity of development on both sides of block.

Boardinghouse or Lodging house. Building where, for definite periods, lodging (with or without meals) is provided for three to twenty persons.

Body Piercing Studio. A business that as one of its principal uses implants, perforates, or pierces the skin or other body part to make a hole, mark or scar for a non-medical purpose. A Body Piercing Studio shall not include a Jewelry Store, Boutique, Beauty Parlor or similar establishment that uses a mechanized, pre-sterilized ear piercing system that penetrates the outer perimeter or lobe of the ear or both as an accessory use to a principal use.

Brewery. A facility for the brewing of beer and wholesale distribution of beer produced onsite.

Brewpub. A restaurant with facilities for the brewing of beer for onsite consumption and retail sale at the restaurant. A brewpub must derive at least 40% of its gross revenue from the sale of food.

Building. Any structure, including patio and similar type coverings for shelter, housing or enclosure of persons, animals, chattels, or property of any kind, (with the exception of dog houses, play houses, and similar structures). Each portion of a building separated by a dividing wall without openings may be deemed a separate building when issuing building permits.

Building Coverage. That portion of a lot occupied by any building or structure, including those buildings or structures not intended for human occupancy, calculated by dividing the total building ground floor area by the net site area. Portals to be excluded from the calculation.

Building Envelope. That area of a lot lying between the front, rear, and side yard setback lines and between ground level and the maximum allowable building height amounting to the three dimensional area available for potential building construction.

Building, Height of. Vertical distance measured from point of reference elevation (fourteen inches above average elevation at top of crown of roadway, if no curb) to the highest point of 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. When drainage considerations supersede this Ordinance, the point of reference elevation shall be subject to the approval of the Chief Building Official, or his designee.

Building Site. Area of building, plus associated parking areas and open space required by this Ordinance. Building site may encompass more than one lot.

Bungalow. A one-storied house with a low-pitched roof.

Carport. Accessory building, or portion of a main building, with two or more open sides, designated or used for parking of motor vehicles. Enclosed storage facilities may be a part of a carport.

Casita. A living area in an accessory building used as a bedroom, home office or other use that would be allowed and typically provided within the main building. The casita may also include a bathroom, but no kitchen facilities.

Cellar. That portion of the building between floor and ceiling wholly or partly below grade (vertical distance from grade to floor is equal to or greater than from grade to ceiling).

Church, Synagogue or Temple. Permanently located building commonly used for religious worship.

City Code or Goodyear City Code. The Goodyear Code of Ordinances as adopted and amended from time to time by the City Council.

Clinic. A place for group medical services not involving overnight housing of patients.

Club. An association of persons, whether or not incorporated, religious or otherwise, for social purpose, but not including groups which are organized primarily to render a service carried on as a business for profit.

Coin Operated Laundry and Cleaning Service. Establishments primarily engaged in the operation of a coin operated self service laundry and dry cleaning equipment for use on the premises.

College. Private or public places of general instruction (not including day nursery schools, dancing schools, riding academies, or trade or specialized vocational schools) authorized to award baccalaureate or higher degrees.

Commercial Use. Use operated for profit or compensation that provides retail of goods or rendering of service.

Committee. The Development Review Committee as described in Section 1-2-6 of this Ordinance.

Common Open Space. Useable open space, other than private open space or required setbacks, may include recreation oriented areas.

Community Development Department. The Development Services Department.

Community Development Director. The Development Services Department Director, or designee.

Condominium. Ownership in real property consisting of undivided interest in common in a portion of a parcel or real property, together with a separate, undivided interest in air space in residential, industrial or commercial buildings on such real property (e.g., apartment, office or store).

Convalescent Home or Nursing Home. Place or institution with provisions for bed care, or for chronic or convalescent care for one or more persons (exclusive of relatives). Persons with communicable diseases (including contagious tuberculosis) shall not be admitted or cared for in homes licensed under the State of Arizona as convalescent or nursing homes.

Convenience Use

Convenience uses include those commercial uses in which:

Cul-de-Sac. Local street having one end open to vehicular traffic, and other terminated by a vehicular turnaround.

Curb Elevation. Average elevation of the curb adjacent to a development from which height of building is determined.

Day Care Facility. A facility not occupied as a residence that is used to provide day time care and supervision for more than ten (10) children or more than ten (10) adults not related to the proprietor.

Decibel (dB). A unit used to measure the intensity of a sound by comparing it with a given level on a logarithmic scale.

Decibel, A-Weighted Scale (dBA). The sound level, in decibels, measured using an electronic filter in a sound level meter which approximates the frequency response of the human ear.

Density. Ratio of the number of dwelling units to net land area in acres as provided in the Goodyear General Plan as amended from time to time.

Development Policy Committee. The Development Review Committee as described in Section 1-2-6 of this Ordinance.

District. An area classification as shown on zoning map, having uniform regulations governing use of buildings and premises, or height and area of buildings.

District Map. Official zoning map (part of Zoning Ordinance) of the City of Goodyear.

Donation Drop-Off Box. Any container, storage unit or structure, other than an accessory building or shed, that can or is used for the holding of charitable or for-profit donated items by the general public, including but not limited to clothing, toys, books, and newspapers, with the collection of those donated items made at a later date or time and which is located for such purposes outside an enclosed building.

Drive-In Restaurant has the same meaning as Restaurant, Drive-in.

Drive-Through Restaurant has the same meaning as Restaurant, Drive-through.

Dust Free. Treatment of native soil with covering of asphalt, concrete, or masonry.

Dwelling Group. Two (2) or more buildings on the same lot, each containing one (1) or more dwelling units.

Dwelling Unit. A room or group of rooms within a building containing cooking accommodations and occupied exclusively by one (1) family. An apartment shall be considered a dwelling unit.

Dwelling, Multiple. A building containing three (3) or more dwelling units.

Dwelling, Single Family. A building containing only one (1) family unit.

Dwelling, Two Family. A building containing only two (2) units; a duplex.

Efficiency Apartment. Dwelling unit with only one combined living and sleeping room (may also have a separate room containing only kitchen facilities, and separate room containing only sanitary facilities).

Energy Generation Facility. A facility designed and operated for the generation and distribution of electricity for the primary purpose of selling electricity generated to the electric power grid, including facilities which use fossil fuels, solar energy, hydroelectric energy, geothermal energy, biomass energy or wind energy as a resource. This definition does not apply to on-site electric generation equipment as defined herein when such use is an accessory use to a principal permitted use.

Engineering Standards. The City of Goodyear Engineering Design Standards and Policies Manual as adopted and amended from time to time by the City Council.

Farm. Area of five or more contiguous acres used for raising of farm animals and/or production of crops (e.g., vegetables, fruit trees, fiber or grain) and their storage.

Flood Prevention Regulations. Chapter 16 of the Goodyear City Code as adopted and amended from time to time by the City Council.

Floor Area Ratio (F.A.R.). Ratio of gross building floor area to gross lot area of a building site.

Freeway. The Papago Freeway (Interstate 10), the Loop 303 Freeway, the future Tres Rios Freeway (Arizona State Route 30), future Interstate 11, and any other future controlled-access highway or controlled-access highway modification located or to be located within the City.

Frontage. All property on one side of a street between two intersecting streets (crossing or terminating) measured along the line of a street (if street is dead end, then all property abutting one side between an intersecting street and the street’s termination), including property fronting on a cul-de-sac.

Garage, Repair. Building or portion thereof, other than a private or storage garage, designed or used for servicing, repairing, equipping, hiring, selling or storing vehicles.

Garage, Storage. Building, or portion thereof, designed or used exclusively for housing of four or more vehicles.

Golf Course. Facility, other than a miniature golf course, for playing of golf which includes a clubhouse with rest rooms and locker rooms as well as additional services customarily furnished (swimming, outdoor recreation and related retail sales, including restaurant and cocktail lounge if approved as part of required Use Permit).

Goodyear CHAA. Designated areas within the City of Goodyear where Marijuana Dual Facilities may be located.

Goodyear CHAA Map. The map that identifies the Goodyear CHAA(s).

Grade. (Adjacent ground elevation) Lowest point of elevation of finished surface of ground between the exterior wall of a building and a point five feet from the wall, or the lowest point of elevation of a finished surface of the ground between an exterior wall of a building and a property line, if less than five feet from a wall, or if walls are parallel to and within five feet of a public sidewalk, alley or public way, then the grade shall mean the top of the crown of a street (if no curb exists) established at the midpoint of a front of lot. For establishing heights of walls, fences or other screening devices, see Section 5-2. Walls, Fences.

Gross Floor Area. Sum of gross areas of several floors of a building or buildings, measured from the exterior wall, or from a center line of a wall separating two buildings. Gross floor area shall not include: underground parking space; uncovered steps; portals; or exterior balconies.

Gross Lot Area. Area of a lot including one half of all dedicated streets and alleys abutting the property.

Guest House. Attached or detached accessory building used to house guests of occupants of the principal building, which is never rented or offered for rent. Any guest house providing cooking facilities shall be considered a dwelling unit.

Guest Ranch. Building or group of buildings located on ten (10) or more contiguous acres, containing guest rooms or dwelling units, some or all of which share separate entrances leading directly from outside of a building, with garage or parking space located on the lot and designed primarily for accommodation of guests, but having not more than two (2) rental units per acre, and having outdoor recreational facilities (horseback riding, swimming, tennis courts, shuffle board courts, barbecue and picnic facilities). (See also: Resort).

Guest Room. Room designed to be occupied by one or more guests for sleeping purposes, having no kitchen facilities (not including dormitories for sleeping).

Hazardous Materials/Explosives. Any substance characterized as flammable solids, corrosive liquids, radioactive materials, oxidizing materials highly toxic materials, poisonous gases, reactive materials, unstable materials, hypergolic materials and pyrophoric materials and any substance or mixture of substances which is an irritant, a strong sensitizer or which generates pressure through exposure to heat, decomposition or other means.

Heliport. Area used or intended for landing and takeoff of helicopters; may include areas of buildings appropriate to accomplish these functions.

High Rise Building. Building which exceeds thirty six (36) feet in height.

Home Business

An occupation or profession carried on entirely within the confines of a Dwelling, Single Family, detached, including an attached garage, a manufactured home, or in a mobile home by a member of a family residing on the premises, which is clearly incidental to the use of the structure for dwelling purposes and meets all of the following requirements:

Home Day Care. A residential dwelling used by persons residing on the premises to provide day time care and supervision for up to ten (10) children or up to ten (10) adults not related the residents. It is a form of Home Business.

Hospital. Facility for general and emergency treatment of human ailments, with bed care (e.g., sanitarium), but not a convalescent or nursing home.

Hotel. Building in which lodging is provided and offered to the public for compensation; open to transient guests.

Household Employee’s Quarters. Accessory building located on the same premises with a dwelling unit, used solely as a dwelling for persons employed on the same premises as a dwelling unit, and having no cooking facilities.

Inert Material Landfill. An area in which construction debris that is neither chemically reactive nor biodegradable and will not decompose, such as concrete, brick, rocks and uncontaminated sands, soils and earth may be deposited to facilitate land reclamation for a public project borrow pit.

Institution. Building or buildings occupied by a nonprofit corporation or nonprofit establishment for public use.

Irrigation System. Underground watering system or access to water resource district lateral canal used for the purpose of sustaining and promoting plant life.

Junkyard. The use of more than two hundred (200) square feet of the area of any lot, whether inside or outside a building, for the dismantling or wrecking of automobiles or other motor vehicles or machinery, or for the storage or keeping of abandoned and/or inoperable vehicles, parts, and/or equipment resulting from such dismantling or wrecking, or for the storage or keeping of junk including scrap metal or other scrap materials.

Kennel. Premises where five (5) or more dogs or cats are bred, boarded and/or trained.

Large Retail User. A singular retail user, who occupies no less than one-hundred thousand (100,000) square feet of floor area, typically requires high parking to building ratios, and/or has a regional sales market. The floor area shall include any associated tenant spaces having common access within the confines of the primary use. It shall also include any outside area, which provides associated services to the public such as, but not limited to, outdoor merchandise display or snack bar. Excluded from floor area shall be underground parking spaces, parking structures, uncovered steps, exterior balconies, and mezzanines so long as these areas are not used for the sale or display of merchandise. This definition does not extend to industrial land uses.

L_eq. The equivalent steady-state sound level which in a stated period of time contains the same acoustic energy as the time-varying sound level during the same time period.

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, and for which appropriate means of access is provided.

Lot. Legally created parcel of land occupied, or intended for occupancy by one (1) main building, with its accessory building(s), and uses customarily incidental to it, including open spaces required by this Ordinance, and having its principal frontage upon a street.

Lot Area. Net area included within lot lines after all rights of way dedications have been made.

Lot, Corner. Lot adjoining two (2) or more streets at their intersections.

Lot Depth. Horizontal distance between front and rear lot lines.

Lot, Through lot, Double Frontage. Lot having frontage on two non intersecting parallel (or approximately parallel) streets.

Lot, Interior. Lot other than a corner lot or key lot.

Lot, Key. Lot adjacent to a corner lot, having its side lot line in common with rear lot line of a corner lot, and facing on a street which forms a side boundary of a corner lot.

Lot Lines. Property lines bounding a lot.

Lot Line (Front)

Front lot line shall be determined as follows:

Lot Line (Rear). Rear lot line shall be determined as the lot line opposite to the front lot line. Where side lot lines meet in a point, the rear lot line shall be the line not less than ten (10) feet long, lying within the lot and parallel to the front lot line. If the front lot line is curved, then the rear lot line shall be a line not less than ten (10) feet long, lying within the lot and parallel to a line tangent to the front lot line at its midpoint.

Lot Line (Side). Side lot lines are those lines connecting the front and rear lot lines.

Lot Length

Length (depth) of a lot shall be:

Lot, Zoning. Single tract located within a block, designated by the owner or developer as a tract to be used, developed, or built on as a unit, under single ownership or control.

Maneuvering Area. Any portion of a lot that is used for the circulation of vehicles into or from off-street parking spaces or loading spaces, including but not limited to, off-street parking spaces or loading spaces, driveways, drive aisles, and fire lanes.

Manufactured Housing. Dwelling that has been certified as a manufactured home by the applicable State of Arizona or United States government agency, which may be fabricated, in whole or in part, off the site and delivered to the site for final assembly and construction in compliance with applicable building and fire codes.

Manufactured Home Lot. Parcel of land within an approved manufactured home subdivision, shown in the records of the Maricopa County Recorder's Office and designed and intended for accommodation of one manufactured home or pre-existing mobile home.

Manufactured Home Park. Approved residential development shown on the City records, with accessory buildings and uses for enjoyment and benefit of residents, in which individual spaces are provided for placement of manufactured homes or pre-existing mobile homes or recreational vehicles for dwelling units or sleeping purposes, whether or not a charge is made for accommodation.

Manufactured Home Space. Parcel within an approved manufactured home park, shown on the City records, and designed and intended for accommodation of one manufactured home.

Manufactured Home Subdivision. Residential subdivision shown on the records of the Maricopa County Recorder's Office, with accessory buildings and uses for enjoyment and benefit of residents, in which the individual ownership of a lot is permitted, for placement of a manufactured home or pre-existing mobile home for a dwelling unit or sleeping purposes.

Manufacturing. Fabricating or assembling of materials into finished or partially finished products by hand or machinery.

Marijuana Dual Facility. A marijuana establishment that is co-located with a non-profit medical marijuana dispensary and/or a medical marijuana dispensary cultivation location.

Marijuana Dual Licensee. An entity that holds both a nonprofit medical marijuana dispensary registration and a marijuana establishment license.

Marijuana Establishment. An entity, other than a medical marijuana dispensary and/or medical marijuana dispensary cultivation location, licensed by the State of Arizona 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 State of Arizona or another entity that is licensed by the State of Arizona to analyze the potency of marijuana and test marijuana for harmful contaminants.

Massage Establishment. Any building, room, place, or establishment where non-medical or non-surgical manipulative exercises or devices are practiced upon the human body manually or otherwise by a state licensed massage therapist with or without the use of therapeutic, electrical, mechanical or bathing devices. Massage establishments, as established herein, shall not include the activities of a licensed physician, surgeon, dentist, occupational or physical therapist, chiropractor, osteopath or a regularly licensed and established hospital or dispensary, and shall not include uses, including but not limited to, beauty parlors, salons, spas and health and exercise facilities where massage services may be available as an accessory use to a permitted principal use.

Medical Marijuana. All parts of any plant of the genus cannabis, whether growing or not, and the seeds of such plant used to treat or alleviate a registered qualifying patient’s debilitating medical condition or symptoms associated with the patient’s debilitating medical condition, as defined in A.R.S. §36-2801.

Medical Marijuana Designated Caregiver Cultivation. The cultivation of marijuana by a registered designated caregiver for a registered qualifying patient, as defined in A.R.S. §36-2801 which is conducted as an accessory use to the primary residence of the registered designated caregiver and in conformance with the standards in Article 4-2-13.

Medical Marijuana Dispensary Cultivation Location. An enclosed, locked facility used for the cultivation of medical marijuana for a registered medical marijuana dispensary and medical marijuana infusion using the product of such cultivation.

Medical Marijuana Dispensary. A building used by a not-for-profit entity that acquires, possesses, cultivates, manufactures (including medical marijuana infusion), delivers, transfers, transports, supplies, sells or dispenses marijuana or related supplies and educational materials to a registered qualifying patient, registered designated caregiver, or a registered nonprofit medical marijuana dispensary agent.

Medical Marijuana Infusion. The process by which medical marijuana is incorporated into consumable or edible goods by means of blending, cooking, processing or other means of incorporation.

Medical Marijuana Qualifying Patient Cultivation. The cultivation of marijuana by a registered qualifying patient, as defined in A.R.S. §36-2801 which is conducted as an accessory use to the primary residence of the registered qualifying patient and in conformance with the standards in Article 4-2-13.

Microbrewery. A facility for the brewing of beer for onsite consumption as well as wholesale and retail sale. Food and/or other alcoholic beverages may also be served.

Mobile Home. Factory assembled portable structure exceeding eight (8) feet wide and/or forty (40) feet long, containing bathroom and kitchen facilities and service connections, and readily movable as a unit on its own chassis and running gear, and designed as a dwelling unit without a permanent foundation.

Mobile Home Room Addition. Building addition or alteration to a mobile home, other than factory designed and assembled.

Motel. Building or group of buildings containing guest rooms or dwelling units, some with separate entrances leading directly from the outside, with garage or parking space located on lot, designed or used for accommodation of automobile travelers (motor court, motor lodge and tourist court, but not mobile home park).

Motor Home. Vehicular unit built on or permanently attached to a self propelled vehicle chassis, van or chassis cab, as an integral part of the complete vehicle, to provide temporary living quarters for recreational, camping or travel use.

Net Floor Area. For determining parking requirements, total floor area of a building measured from interior faces of load bearing walls (excluding air shafts, stair wells, elevator shafts, rest rooms, and mechanical equipment rooms).

Noise Sensitive Uses. Schools, places of worship, childcare facilities, hospitals, nursing homes, libraries, and similar facilities determined pursuant to Section 9-1-2.

Non-Chartered Financial Institutions. Business, other than a state or federally chartered bank, credit union, mortgage lender, or savings and loan association that receives more than 25% of its net income from providing any of the following services or any combination of the following services: (1) check cashing services provided for a percentage fee or for a flat fee that varies on the amount of the check; (2) loans provided for periods of less than six months that are secured by an assignment of wages, the assignment of an auto title, or the holding of an auto title and for which the borrower pays a flat percentage fee, a flat fee that varies on the amount being advanced, or any other fee or interest that is not based on a disclosed annualized percentage rate for the transaction and; (3) pawn brokerage services; and/or (4) deferred present services under which a party accepts a check and agrees for a percentage fee or flat fee that varies on the amount of the check to hold the check for at least five days before presentment for payment or deposit.

Non-Climbable. Not easily climbed by a young child, not having a ladder or horizontal rung effect by which a young child can gain uninvited access to the top, nor having vertical openings through which a four (4) inch sphere can pass.

Nonconforming Building. Building or portion thereof which was lawful when established, but which does not conform to subsequently established district or regulations.

Nonconforming Lot. Parcel which was lawful when established, but having less area, frontage or dimensions than now required in the district in which it is located.

Nonconforming Use. Use of a building or land which does not conform after passage of this Ordinance (or amendment thereto) with the use regulations of the district in which it is located.

Nursery School. Institution for care of children of preschool age. Even though some instruction may be offered, it shall not be considered a "school".

Off-Street Parking Area. Reserved for transient storage of motor vehicles, including parking spaces, maneuvering areas, aisles and driveways completely located on the property it serves. (For further information on standards and requirements please see Article 6, Off-Street Parking.)

Office Building

A place where a particular kind of business is transacted or a service is supplied, excluding retailing, according to the following:

On-Site Electric Generation Equipment. Equipment located on-site which is an accessory use to the principal permitted use on the premises and supplies electricity predominantly for use on the same site from backup generators for emergency use only or alternative energy sources, such as solar or wind, provided such equipment otherwise complies with adopted design guidelines and development standards.

Open Space. Land area devoted to passive or active outdoor enjoyment for purposes of recreation, leisure, scenic and visual enjoyment. (Golf courses, desert land, portions of natural washes and preserved agricultural land may contribute to a portion of required common open space. See: District Development Standards, e.g., Section 3-2-12-B-2.)

Ordinance. The Zoning Ordinance of the City of Goodyear, Arizona as adopted and amended from time to time by the City Council.

Parking Lot. A parcel or portion of a parcel of land in which members of the general public may park their motor vehicles for the purpose of utilizing an adjacent use or facility. (For further information on standards and requirements please see Article 6, Off-Street Parking.)

Parking Lot, Commercial. Lot upon which public operating vehicles and parking thereon may be charged for usage of the lot.

Parking Space. Permanently surfaced area, enclosed or unenclosed, having a minimum width of nine (9) feet and an area of 180 square feet, which will accommodate a car. Parking is off street, with access from streets or secondary means.

Parking Structure. A parking garage consisting of one (1) or more levels, including other primary or accessory uses. A parking structure may be located above or below ground.

Paved. A surface covered in hard materials such as concrete, masonry, bricks, pavers, cobblestone, asphalt and the like.

Permitted Use. Use specifically permitted, or use analogous to those specifically permitted.

Portable Storage Container. A readily mobile prefabricated structure transported to a site for the purpose of temporary and/or periodic storage of merchandise, goods, or materials related to the primary permitted use. The term shall include any such structure whether placed directly on the ground or having an attached axle and wheels.

Portal. An architecturally defined covered pedestrian entry into a yard within a defined lot.

Preschool. Public or private establishment providing supervision and educational training for four or more children two years of age or older, not related to proprietor.

Private Open Space. Usable area intended for exclusive use of the occupant(s) of a dwelling unit to which it is adjacent.

Private Use. Restricted to occupants of a lot or building with their guests, where compensation for use is not received, and where no business or commercial activity is associated with the use or building.

Professional Use

The rendering of a service of a professional nature by:

Prohibited Use. Use not specifically permitted, or a use analogous to those not specifically permitted.

Public project borrow pit. An area where material has been removed from the ground for use in a public construction project.

Public Utility Facilities. Buildings, structures, or equipment used by a public utility for delivery of utility service including, but not limited to, electric substations, gas pressure regulating stations, water production, water treatment and water storage facilities and equipment, office buildings, and maintenance and storage yards, but not including water reclamation facilities, wastewater treatment plants or energy generation facilities.

Ranch. Area of ten (10) or more contiguous acres used for the raising of livestock on a commercial basis (does not include commercial pen feeding/feed lots). Ranch includes horse breeding and training, but not riding stables.

Recreational Vehicle

The following definitions delineate different types of Recreational Vehicles:

Recreational Vehicle Awning. Light weight overhead structure used in conjunction with a recreational vehicle, for shading or weather protection of carports, patios, porches, and windows. Awnings shall not be permitted to have attached siding.

Recreational Vehicle Park. Approved residential development shown in City records, with accessory buildings and uses for enjoyment and benefit of the patrons, in which individual spaces are provided for parking of recreational vehicles for temporary portable housing and sleeping purposes, whether or not a charge is made for accommodation.

Recreational Vehicle Space. Parcel within an approved recreational vehicle park shown in the City records, designed for accommodation of one recreational vehicle.

Residential Facility. Home in which persons with development disabilities live; licensed, operated, supported, or supervised by the State of Arizona. Developmental disability shall mean autism, cerebral palsy, epilepsy or mental retardation.

Residential facility serving six (6) or fewer persons shall be considered a residential use property if the facility provides care on a twenty four (24) hour per day basis. Residents and operators of the facility shall be considered a family. Limitation of six (6) or fewer persons does not include the operator of the residential facility, members of the operator's family, or persons employed as staff (except that the total number of all persons living at the residential facility shall not exceed eight (8)).

Residential Uses. Single, two and multiple family dwelling units, hotels, motels, dormitories, mobile homes, and residential facilities.

Resort. Group of buildings containing more than five (5) dwelling units and/or guest rooms, and providing outdoor recreational activities (e.g., golf, horseback riding, swimming, shuffleboard, tennis). May furnish services customary to hotels (e.g., restaurant, cocktail lounge, and convention facilities).

Rest Home. Premises used for the housing of and caring for the ambulatory, aged or infirm. There shall be only incidental convalescent care not involving either trained nurse or physician residing on the premises. There shall be no surgery or other activities as are customarily provided in hospitals.

Restaurant. Establishment whose primary business is serving food to the public.

Restaurant, Drive-in (also referred to as Drive-In Restaurant). Building where food and drink are served for consumption on the premises, by order from and service to vehicular passengers.

Restaurant, Drive-through (also referred to as Drive-Through Restaurant). Building where food and drink are served for consumption within a building or off premises, by order from vehicular passengers outside a structure, including but not limited to, service from an outdoor service window.

Retail. Sale of tangible personal property for any purpose other than for resale.

Rooming House. See “Boarding house”.

School. Private or public places of general instruction (not day nursery schools, dancing schools, riding academies, or trade or specialized vocational schools).

Screening Wall. A solid masonry wall designed and constructed so as to conceal areas used for refuse, mechanical equipment, parking, storage, and service and loading bays from street and public view, and to separate potential incompatible land uses.

Service Station, Automotive. Retail business engaged primarily in the sale of motor fuels, but also in supplying goods and services generally required in the operation and maintenance of automotive vehicles (sale of petroleum products; sale and servicing of tires, batteries, automotive maintenance and repair; and supplying of incidental customer services and products). Major automotive repairs, painting and body and fender work, rental and sales of motor bikes, automobiles, boats, trailers, trucks, and any other type of sales or services not specifically approved as part of the original Use Permits must be approved prior to an area being used for these purposes.

Shopping Center. Group of facilities for retail commercial use, planned and designed for a site on which built, functioning as a unit, with off-street parking, landscaped areas and pedestrian malls or plazas provided on the property as an integral part of a unit.

Signs. Any identification, description, illustration, symbol or device which is affixed directly or indirectly upon a building, vehicle, structure or land and which identifies or directs attention to a product, place, activity, person, institution or business.

Additional definitions related to signs may be found in Article 7-5.

Site Area, Gross. The total area of a development site including, where applicable, dedicated portions of abutting streets.

Site Area Net. Developable portions of a site not including abutting streets.

Site Plan. A plan of development showing proposed and existing structures; circulation, access and maneuvering areas; open space, landscaping, parking lots and other amenities and or required features. The plan is submitted for evaluation by the Site Plan Review Committee as described in Section 1-2-7.

Site Plan Review Committee. The Development Review Committee as described in Section 1-2-6 of this Ordinance.

Sleeping Room. Room, other than a guest room, in which no cooking facilities are provided.

Specified Anatomical Areas

(See: Adult Business). Areas that depict, describe or relate to:

Specified Sexual Activities

(See: Adult Business). Activities that depict, describe, or relate to:

Stable, Private. Detached accessory building for the keeping of horses, mules or ponies owned by the occupants of the premises (not kept for remuneration, hire or sale).

Stable, Commercial. Area of ten (10) or more contiguous acres containing stables for horses, mules or ponies which are bred, hired, shown or boarded on a commercial basis.

Story. Portion of a building between the upper surface of a floor and the upper surface of the floor next above; the top most story shall be a portion of the building included between the upper surface of the top most floor and the ceiling or roof above. If the finished floor level directly above a basement, cellar or unused underfloor space is more than six (6) feet above grade or more than fifty (50) percent of the total perimeter, or is more than twelve (12) feet above grade at any point, the basement, cellar or unused underfloor space shall be considered a story.

Street. Dedicated public or private passageway which affords the principal means of access to abutting property.

Street, Centerline. Centerline of a street right of way determined by the City Engineer.

Street, Line. Dividing line between a lot, tract or parcel and a contiguous street (right of way).

Structural Alterations. Change in supporting members of a building (bearing walls, or partitions, columns, beams, or girders) or the complete rebuilding of a roof.

Structure. Piece of work constructed or erected, use of which requires location on the ground or attached to something having location on the ground (not a tent, vehicle, trailer coach or mobile home).

Structure, Temporary. Piece of work readily movable and used or intended for a period not to exceed ninety (90) consecutive days. Structure shall be subject to applicable property development standards for the district in which it is located.

Subdivision Regulations. Chapter 15 of the Goodyear City Code as adopted and amended from time to time by the City Council.

Swimming Pool, Private. A contained body of water used for bathing or swimming purposes either above or below ground level with the container being eighteen (18) inches or greater in depth at any point.

Swimming Pool, Public. Same as private pool, but operated as a commercial business. Public swimming pools shall conform with Maricopa County health requirements.

Tattoo Studio. A business that marks the skin with any indelible design, letter, scroll, figure, symbol or any other mark that is placed by the aid of needles or other instruments upon or under the skin with any substance that will leave color under the skin and that cannot be removed, repaired or reconstructed without a surgical procedure. A Tattoo Studio may or may not be operated in conjunction with a Body Piercing Studio.

Teen Entertainment Center. Facility at which no alcoholic beverages are served and is open to persons from fifteen (15) through twenty (20) years of age unaccompanied by adults at which entertainment activities are furnished including, but not limited to social dancing, billiards, arcade games, etc.

Temporary Use. A use, business, sale, display, or event which is conducted for a specified, limited amount of time that are generally related to a particular seasonal, cultural, traditional or community activity.

Townhouse. Single family dwelling with party walls and no side yards between abutting dwellings.

Tip out or Slide out. Recreational vehicle component which rides within the main structure of a recreational vehicle while traveling, and either tips or slides out at the site for the use as a living area. Tip out or slide outs shall meet the requirements of the Arizona State Division of Building Codes when installed as an after market modification, and shall not be permanently anchored to the ground.

Trailer, Accessory. Vehicle used or designed for temporary living or sleeping purposes, having axles and wheels (one or more). Dwelling unit for density and parking requirement purposes, but not considered a single or multiple family dwelling, apartment, efficiency apartment, rooming unit or guest room.

Trailer, Travel. Vehicle or portable unit mounted on a chassis and wheels, not exceeding eight (8) feet wide and/or forty (40) feet long, and is drawn by a motor vehicle to provide temporary living quarters for recreational, camping, or travel use.

Trailer, Work. Portable vehicular attachment with axle and wheels used exclusively for business or occupational purposes.

Truck, Camper. Portable unit, consisting of a roof, floor, and sides designed to be loaded onto and unloaded from the bed of a pickup truck, to provide temporary living quarters for recreational, camping, or travel use.

Use. Purpose for which land or a building is occupied or maintained, arranged, designed or intended.

Use, Accessory. Subordinate use customarily incidental to, and conducted on the same lot with, a principal use of a building, including household employee's quarters.

Used Car Dealer. Operation of a used car sales business not connected with a franchised new car dealership.

Use Permit. Permit granted to a property owner by the Council to conduct a permitted use in a zoning district subject to a Use Permit. Use permit may be granted at the discretion of Council after receiving a recommendation from the Planning Commission.

Use Permit Use. A Use Permitted in a particular zoning district only upon showing that such use will comply with all the conditions and standards for the location and/or operations of such use as specified in this Ordinance and authorized by the City Council.

Variance. Modification of the literal provisions of the Zoning Ordinance, granted by the Board of Adjustment upon finding that the strict enforcement would cause undue hardship, owing to circumstances unique to an individual property for which the variance is granted, and not caused by the applicant.

Ventilation Court. An area provided within a building site, open to the sky, for the purpose of providing light and air to rooms intended for human habitation which do not other wise have window exposure to a street, alley or other open space. The width of a court shall be its least horizontal dimension.

Veterinary Hospital. Facility maintained by a licensed doctor of veterinary medicine where all types of animals are given medical and surgical treatment and are cared for during the time of treatment.

Veterinary Office. An office maintained by a licensed doctor of veterinary medicine for the treatment and care of small animals, namely the usual household pets and other animals of a similar size and nature but not livestock.

Volume. Volume of a building occupying a particular site (determined by multiplying gross floor area of individual floors, by height of each story).

Volume Ratio. Ratio of building volume to net lot area of a building site.

Wall. Structure or device required by this Ordinance for screening purposes, forming a physical barrier, so constructed that fifty (50) percent or more of the vertical surface is closed and prevents passage of light, air and vision (concrete, concrete block, wood or other materials that are solids, and are assembled to form a screen). Where a solid wall is specified, one hundred (100) percent of the vertical surface shall be closed, except for approved gates and other access ways. Where a masonry wall is specified, the wall shall be concrete block, brick, stone or other similar material, and one hundred (100) percent of the vertical surface shall be closed, except for approved gates or other access ways.

Warehouse. Building used for the storage of goods of any type, and where no retail operation is conducted.

Wholesale. Sale of tangible personal property for resale by a licensed retailer, for consumption by an ultimate purchaser.

Wireless Communications Facilities. Any facility used for wireless communications, usually consisting of a support structure for antenna(e), an equipment shelter or cabinet, and/or other transmission and reception devices used for business or commercial purposes.

Yard. Open space at grade level between a building and adjoining lot lines, unoccupied and unobstructed by any portion of a structure from the ground upward. Width of side yard, depth of front yard, or depth of rear yard measured as a minimum horizontal distance between lot lines and a main building.

Yard, Front. Open, unoccupied space on the same lot with a main building, extending the full width of the lot, and situated between a street line and the front line of the building projected to the side lines of the lot. Front yard on a residential corner lot is the yard adjacent to the shorter street frontage; front yard of a commercial corner lot is the yard adjacent to the major street, as determined by the Zoning Administrator.

Yard, Rear. Open space on the same lot with a main building, between the rear line of the principal building and the rear line of the lot, extending the full width of the lot.

Yard, Side. 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 line. Interior side yard is defined as a side yard adjacent to a common lot line.

Zoning Administrator. The Development Services Department Director, or designee.

Zoning Conditions. Conditions and/or stipulations imposed by the City Council as a condition of approval of a zoning amendment.

Zoning Ordinance. The Zoning Ordinance of the City of Goodyear, Arizona as adopted and amended from time to time by the City Council.

Zoning Permit. Permit granted to a property owner through the Community Development Department upon a finding that the allowed activity is in conformance with the intent of this Code. Such permit may be limited by specific conditions, restrictions, terms, or time period. (Am. Ord. 20-1469, passed 7-13-20; Am. Ord. 20-1470, passed 7-13-20; Am. Ord. 20-1487, passed 10-26-20; Am. Ord. 22-1534, passed 6-27-22; Am. Ord. 22-1565, passed 12-12-22; Am. Ord. 23-1589, passed 9-25-23)