§ 9-6-9 — DEFINITIONS

9-6-9: - DEFINITIONS

The definitions in this Section 9-6-9 apply only to Title 9 of the City Code unless expressly stated. AFFIDAVIT OF CHANGE/CORRECTION: A document to effect a minor change or correction to a recorded plat such as lot line adjustments, lot combinations, bearing or distance changes, minor corrections to language of dedication, notes, or legal description. ALLEY: A public or private right-of-way used to provide secondary vehicular access to abutting properties. APPLICANT: An individual, firm, corporation, partnership, association, syndicate, trust, or other legal entity who submits an application to the City for review or approval under the provisions of Title 9 of the City Code. A.R.S.: The Arizona Revised Statutes, as amended and supplemented. BERM: A mound of soil, either natural or man-made. BLOCK: A piece or parcel of land or group of lots entirely surrounded by public or private streets, streams, railroads, parks, or a combination thereof. CHANNEL: The bed and banks of a natural or man- made stream which convey the constant or intermittent flow of the stream. CITY ENGINEER: The person designated by the City as its City Engineer, or their designee. CITY MANAGER: The person designated by the City as its City Manager, or their designee. COMMON OPEN SPACE: Land within or related to a development, not individually owned or dedicated for public use, which is designed and intended for the common use or enjoyment of the residents of the development. It may include complementary structures and improvements. DEDICATION: the transfer of private property to the city for public use. DENSITY: The number of dwelling units per unit of land area. DESERT UPLANDS AREA: The area of Mesa, Arizona that is bounded by the Central Arizona Project Canal on the west, Meridian Road and Usery Mountain Regional Park on the east, University Drive on the south, and the Tonto National Forest boundary on the north. DEVELOPER: An individual, firm, corporation, partnership, association, syndicate, trust, or other legal entity that initiates and carries out the division, construction, or improvement of land, including the installation of infrastructure, buildings, or other site improvements, whether for personal use or for sale, lease, or other disposition. DRAINAGE, ONE HUNDRED- (100-) YEAR STORM (PEAK DISCHARGE): Local drainage resulting from a storm which has a 1% chance of occurring annually, based upon a "design storm" within a defined area. A design storm is a rainfall event of specific frequency and duration which produces the design flow. For the purpose of this definition, local drainage is water that accumulates as a result of local storms and flows over land not included in a delineated floodplain, including sheet flow and such flow as may be concentrated in local drainage systems, with or without defined channels, but excluding delineated floodplains. EASEMENT RELATED DEFINITIONS: EASEMENT: A grant by the owner of any parcel of land to a public agency, a corporation, or persons for specific uses and purposes and so designated and recorded. EASEMENT, DRAINAGE: An area designed and used for conveyance or retention of runoff in which nothing can be placed which will impede, divert, or cause the runoff to have an adverse effect on adjoining property. PUBLIC UTILITY AND FACILITIES EASEMENT: An easement for overhead and underground utility facilities provided, including water, storm drainage, sewage, electricity and communication, owned and operated by any person, firm, corporation, municipal department, or board duly authorized by state or municipal regulations ELECTRIC SERVICE AREA: The area of Mesa, Arizona that receives electric utility service from the City of Mesa, commonly referred to as the City of Mesa Electric Service Area. ENGINEERING PLANS: Plans, profiles, cross sections, and other required details for the construction of public improvements, prepared by a civil engineer registered in the State of Arizona, in accordance with the approved preliminary plat and in compliance with standards of design and construction approved by the City Engineering Department. ENGINEERING AND DESIGN STANDARDS MANUAL: Requirements formulated by the City Engineer and available from the Engineering and Development Services Departments for the planning and design of public improvements. EXCEPTION: Any parcel of land within the boundaries of the subdivision which is not owned by the subdivider. EXPOSED FILL: All of the face of a fill slope resulting from development, from the toe to the top of the fill, whether the surface treatment is retaining wall, rip-rap, natural vegetation, or other treatment. FILL: The deposit of soil, rock, or other material placed by man. FLOOD RELATED DEFINITIONS: FLOOD: A general and temporary overflow of water onto normally dry land areas. FLOOD, REGULATORY: The 100-year flood as determined by criteria established by the City Engineering Department. FLOOD, FIFTY- (50-) YEAR: A flood that has a 2% chance of occurring annually, based upon the criteria established by the City Engineering Department. FLOOD, ONE HUNDRED- (100-) YEAR: A flood that has a 1% chance of occurring annually, based upon the criteria established by the City Engineering Department. FLOODPLAIN, DELINEATED: That area delineated and mapped as a floodplain, as approved by the Planning & Zoning Board and as shown on the National Flood Insurance Program, flood insurance rate maps, and floodway maps. FLOODPLAIN, REGULATORY: That portion of the natural water course that would be inundated by the regulatory flood and in which land use is regulated by the Floodplain Regulations. FULL CUTOFF STREETLIGHT FIXTURE: Streetlight fixtures where no light is emitted by the fixture above an angle of 90 degrees above nadir (no light emitted above the horizontal). GENERAL PLAN: A comprehensive plan, or parts thereof, providing for the future growth and improvement of the City of Mesa, including the general location and coordination of streets and highways, schools and recreation areas, public building sites, and other physical development, including general land use patterns. GRADE: The vertical difference (in feet) between two (2) points on the ground divided by the length of horizontal distance (in feet) between the same two (2) points, multiplied by 100. (Example: 2'/100 = .02 × 100 = 2% grade.) GRADING: Any excavating, filling, or combination thereof, including the conditions resulting from any excavation or fill, involving changes to the natural drainage pattern. GUNITE: Concrete or mortar conveyed through a hose and pneumatically projected at a high velocity onto a surface. HEARING OFFICER: The City staff person responsible for hearing appeals under this Chapter, or other such individual contracted with the City to hear appeals under this Chapter. HIGHWAY: Includes any expressway, freeway, or parkway. IRRIGATION FACILITIES: Includes canals, laterals, ditches, conduits, pipes, gates, pumps, and allied equipment necessary for the supply, delivery, and drainage of irrigation water and the construction, operation, and maintenance of such. LAND DIVISION RELATED DEFINITIONS: LAND DIVISION: The act or process of dividing a parcel, lot, or tract of land into two or more parts for the purpose of sale, lease, transfer of ownership, or development, whether immediate or future. A land division may include the subdivision of land into lots or parcels, the creation of easements that affect property boundaries, or the adjustment of existing lot lines. LAND DIVISION, MINOR: The land division process for Minor Plats and Land Splits. LAND DIVISION, MAJOR: The land division process for Preliminary Plats, Final Plats, and Maps of Dedication. LAND SPLIT: The division of improved or unimproved land whose area is 2.5 acres or less into two (2) or three (3) tracts or parcels of land for the purpose of sale or lease. LED: Light Emitting Diode. LOOP ROAD: A local or minor collector street that begins and ends on the same roadway or within the same development, forming a continuous loop. A loop road provides internal circulation while limiting through traffic. It may connect to the same or different points on a perimeter street but does not function as a through- arterial. LOT RELATED DEFINITIONS: LOT: A piece or parcel of land separated from other pieces or parcels by description, as in a subdivision, or on a record survey map or by metes and bounds for purposes of sale, lease, or separate use. LOT COMBINATION. The merger of two (2) or more adjacent lots, tracts, or parcels of land into s single, unified lot, tract, or parcel for the purpose of development, sale, or lease. LOT, CORNER: A lot or parcel of land situated at the intersection of two (2) or more parkways, highways or streets, which parkways, highways or streets have an angle of intersection measured within said lot or parcel of land of not more than 135 degrees. LOT LENGTH: A. If the side property lines are parallel, the length of the lot shall be determined to be the average length of the two (2) sides. B. If the side property lines are not parallel, then a line bisecting the angle formed by the two (2) sides between the front and the rear lot lines shall be determined to be the lot length. LOT LINE ADJUSTMENT. Process by which land is taken from one (1) parcel and added to an adjacent parcel without creating a new lot. LOT LINE, FRONT: A line separating the front yard from the parkway, highway or street upon which the yard fronts; or, in the case of a flag lot where the front yard is oriented toward an adjoining lot, the line separating such front yard from the adjoining lot. LOT LINE, REAR: A lot line which is opposite and most distant from the front lot line. For a triangular shaped lot, the rear lot line shall mean a line ten (10) feet to the length within the lot, which is parallel to the front lot line, or parallel to the chord of a curved front lot line, and the maximum distance from the front lot line. LOT LINE, SIDE: Any lot boundary line which is not a front lot line or a rear lot line. LOT LINES: Those lines, either straight or curved, that define the front, rear, and sides of a lot, parcel, or tract of land. LOT WIDTH: The width of a lot shall be: A. If the side property lines are parallel, the distance between these side lines. B. If the side property lines are not parallel, the width of the lot shall be the length of a line at right angles to the axis of the lot at a distance equal to the required front or rear building setback line, whichever is the lesser. The axis of a lot shall be a line generally perpendicular to the fronting street which divides the lot into two (2) equal parts. MAP OF DEDICATION: A legal document that sets the location and gives the dimensions of rights-of-way and easements. Used to dedicate land to the City of Mesa or to grant an easement to the city for roadway, drainage, flood control, wet or dry utilities, emergency or service vehicle access, other public uses or the granting of an easement for a utility line. NATURAL AREA OPEN SPACE (NAOS): Within the Desert Uplands Area, that open space which consists of undisturbed natural area open space and revegetated open space. NAOS shall contain no more than thirty percent (30%) revegetated open space. NAOS shall be located within common tracts controlled by the homeowners' association, land trust, or similar entity created to preserve the NAOS; or may be located on- lot within designated easements. NAOS shall be identified on the subdivision plat and restricted as necessary to preclude future development. Trails or paths for nonmotorized use, such as hiking, equestrian, or mountain biking are permitted. OPEN SPACE: The area or areas of a lot or parcel intended to provide light and air, and designed for either scenic or recreational purposes, excluding buildings, parking, driveways and other vehicular surfaces. OWNER: The person or persons holding title by deed to land, holding title as vendees under land contract, or holding any other title of record. PARK: An area dedicated to recreational use and generally characterized by its natural, historic, and landscape features. It is used for both passive and active forms of recreation and is designed to serve the residents and visitors of a neighborhood, community, or city. PEAK: A point of maximum elevation on a major or minor hill as indicated by the USGS topographic maps. PEDESTRIAN/BICYCLE WAY: A public way dedicated entirely through a block from street to street and/or providing access to a school, park, recreation area, shopping center, etc. and which excludes vehicles or other motorized transportation. PLANNED AREA DEVELOPMENT (PAD): A zoning overlay and development process that allows for flexibility in the application of zoning standards—such as setbacks, height, and lot size—in order to accommodate innovative design, mixed-use development, and coordinated master planning of larger or more complex sites. PLANNING DIRECTOR: The person designated by the City as its Planning Director, or their designee. PLANNING & ZONING BOARD: The Planning and Zoning Board of the City of Mesa. PLAT RELATED DEFINITIONS: PLAT: A map of a land division. PLAT, AMENDED: See Replat. PLAT, MINOR: The division of land that creates ten (10) or fewer lots, tracts, or parcels of land. PLAT, PRELIMINARY: A preliminary map, including supporting data, indicating a proposed land division, prepared in accordance with these regulations. PLAT, FINAL: A final map of all or part of a land division providing substantial conformance to an approved preliminary plat, prepared by a registered land surveyor in accordance with these regulations. PLAT, RECORDED: A plat bearing all of the certificates of approval required by and duly recorded in the Maricopa County Recorder's Office. PLAT, REPLAT: An amendment to a recorded plat to: modify the number or location of lots, tracts, or easements; adjust lot lines; change roadway alignments; or provide for modifications to dedicated easements, rights-of-way, or tracts. PRE-SUBMITTAL CONFERENCE: A meeting between the applicant and City staff held prior to the formal submission of a development application. The purpose of the conference is to review preliminary project concepts, identify applicable regulations, procedures, and submittal requirements, and provide initial feedback to help ensure a complete and efficient application review process. PUBLIC IMPROVEMENT STANDARDS: A set of regulations setting forth the details, specifications, instructions, and procedures to be followed in the planning, design, and construction of certain public improvements in the City of Mesa, formulated by the City Engineer, the County Health Department, and other City departments. RECREATIONAL VEHICLE PARK: An approved residential development, designed in accordance with the zoning ordinance, that is owned by one entity as shown in the records of the Planning Division in which individual spaces are provided for parking of one recreational vehicle per space for temporary portable housing purposes, whether or not a charge is made for such accommodation. RECREATIONAL VEHICLE SUBDIVISION: An approved residential subdivision, as shown in the records of the Maricopa County Recorder's office, in which individual ownership of a recreational vehicle lot is permitted, that is designed in accordance with the Zoning Ordinance and approved in accordance with planned area development and subdivision regulations. RETAINING WALL: A wall or terraced combination of walls used solely to retain more than 18 inches of earth, but not to support or to provide footing for a structure. RETENTION BASIN: A water collection facility designed to collect storm water runoff and release it at a controlled rate after the storm. A retention basin and park may be joined to serve both recreational needs and as a water collection facility. REVEGETATED OPEN SPACE: Within the Desert Uplands Area, open space disturbed either before or during development that has been revegetated in the following manner: revegetated with plants from the preferred Desert Uplands plant list; revegetated with plants that are the same species mix as the adjacent undisturbed area; and revegetated with plants that are at least equal in size and sufficient in number to be at least the same density as the adjacent undisturbed area. The developer should create provisions for maintaining healthy plants until they are established and shall replace any revegetated plants that die within one (1) year of planting. Subdivision improvements such as storm water retention and detention basins, drainage structures, and utility corridors, may be included in this category if revegetated in the approved manner. Excluded from the revegetated open space are those areas revegetated for the utility exception Section 9-6- 5(J)1(e), driveway exception Section 9-6-5(J)1(d), and the work access areas Section 9-6-5(J)1(b). REVERSE FRONTAGE: A lot having frontage on two (2) nonintersecting streets. The front of the lot shall be considered facing the interior street. RIDGE: The defined topographical line connecting a series of major and minor hills, peaks, or mountains. RIDGE LINE: A ground line located at the highest elevation of the ridge running parallel to the long axis of the ridge. RIGHT-OF-WAY (ROW): An area of land which by deed, conveyance, agreement, easement, dedication, usage or process of law is reserved or dedicated to the City for purposes, including streets, highways, alleys, public utilities, pedestrian walkways, bikeways, or drainage. Within rights-of-way, the City of Mesa coordinates the locations of public or private improvements, underground or overhead; including electricity, gas, steam, communication, telecommunications, data transmission, cable TV, water, storm drainage, sewage, sidewalks, landscaping, traffic signals, streetlights, flood control, pedestrian, roadway purposes, etc. owned and operated by any person, firm, company, corporation, municipal department, or board duly authorized by federal, state or municipal regulations. RIGHT-OF-WAY IMPROVEMENTS: Construction in the public right-of-way or in easements, including streets, alleys, medians, bicycle lanes, curbs and gutters, stormwater facilities, water and sewer lines and services, fire hydrants, gas lines and services, sidewalks, driveways, streetlights, traffic control devices, street name signs, landscaping, underground and overhead utilities as required by the City Engineer. Right-of-way improvements do not include right-of-way land dedications. SLOPE: See Grade. STORM WATER RETENTION: Provision for storage of storm water runoff during and after a flood or storm and the controlled release of such runoff after a flood or storm. STREET RELATED DEFINITIONS: STREET: Any public street, avenue, boulevard, road, lane, parkway, place, viaduct, easement for access, or other way which is an existing state, county, or municipal roadway; or a street or way shown in a plat heretofore approved pursuant to law or approved by official action; or a street or way in a plat duly filed and recorded in the County Recorder's Office. A street includes the land between the right-of-way lines, whether improved or unimproved, and may be comprised of pavement shoulders, curbs, gutter, sidewalks, parking areas, and landscape areas. STREET, ARTERIAL: A general term including section line and major streets and state or county highways providing a system for citywide through traffic movement. STREET, COLLECTOR: Provides the traffic movement within neighborhoods of the City, between major streets and local streets, and for direct access to abutting property. STREET, CUL-DE-SAC: A short local street permanently terminated in a vehicular turnaround; provides direct access to a limited number of adjacent properties. STREET, LOCAL: Provides for direct access to residential, commercial, industrial, or other abutting land; primarily for local traffic movements with connections to collector and/or major streets. STREETLIGHT LUMEN LEVEL: Standard lumen lighting levels of a streetlight required by Roadway Lighting ANSI/IES RP-8. SUBDIVIDER: An individual, firm, corporation, partnership, association, syndicate, trust, or other legal entity that files the application and initiates the division of land pursuant to these regulation. The subdivider is not required to be the owner of the property as defined by this Ordinance. SUBDIVISION: Improved or unimproved land or lands divided or proposed to be divided for the purpose of financing, sale, or lease, whether immediate or future, into four (4) or more lots, tracts, or parcels of land; or if a new street is involved, any such property which is divided into two (2) or more lots, tracts, or parcels of land; or any such property, the boundaries of which have been fixed by a recorded plat, which is divided into more than two (2) parts. Subdivision also includes any condominium, cooperative, community apartment, townhouse, or similar project containing four (4) or more parcels, in which an undivided interest in the land is coupled with the right of exclusive occupancy of any unit located thereon; however, plats of such projects need not show the buildings or the manner in which the buildings or airspace above the property shown on the plat are to be divided. SURVEY CLOSURE REPORT: A technical report prepared and certified by a registered land surveyor that verifies the accuracy and completeness of a legal description by confirming that all boundary segments mathematically close to form a single, contiguous parcel. SURVEY MONUMENT: A physical marker established by a land surveyor to accurately identify a point on the ground that corresponds to a legal boundary, property corner, control point, or other survey reference. TRANSPORTATION DIRECTOR: The person designated by the City as its Transportation Director, or their designee. UNDISTURBED NATURAL AREA OPEN SPACE: Within the Desert Uplands Area, that open space that is completely undisturbed from its original natural state by any residential development on the site. Any preexisting damage within such areas, such as old jeep roads, off-road vehicle trails, or dumping sites, shall be restored with plants from the preferred desert uplands plant list that are the same species mix, that are at least equal in size, and that are sufficient in number to be the same density as the adjacent undisturbed area. Natural features, such as washes, significant rock outcroppings, and concentrations of native vegetation, shall be maintained in their natural state. Trails or paths for nonmotorized use, such as hiking, equestrian, or mountain biking, are permitted. Undisturbed natural areas shall constitute a minimum of seventy percent (70%) of the required natural area open space. This minimum applies to both common tract and on-lot natural area open space.

(Ord. No. 5949, § 1B., 7-1-25)