Terms Used In Arizona Laws > Title 11 > Chapter 6 - County Planning and Zoning

• Adult: means a person who has attained eighteen years of age. See Arizona Laws 1-215
• Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
• Aggregate: means cinder, crushed rock or stone, decomposed granite, gravel, pumice, pumicite and sand. See Arizona Laws 11-801
• Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
• Area of jurisdiction: means that part of the county outside the corporate limits of any municipality. See Arizona Laws 11-801
• Associate director: means the associate director of the division. See Arizona Laws 3-901
• Attended facility: means an underground storage tank facility at which it is the usual and customary practice for the owner or operator, or any employee of the owner or operator, to be present on site during normal hours of operation. See Arizona Laws 49-1081
• Audit report: means an audit report prescribed by section 49-1402. See Arizona Laws 49-1401
• Authority: means the water infrastructure finance authority of Arizona. See Arizona Laws 49-1201
• Bankruptcy: Refers to statutes and judicial proceedings involving persons or businesses that cannot pay their debts and seek the assistance of the court in getting a fresh start. Under the protection of the bankruptcy court, debtors may discharge their debts, perhaps by paying a portion of each debt. Bankruptcy judges preside over these proceedings.
• Baseline: Projection of the receipts, outlays, and other budget amounts that would ensue in the future without any change in existing policy. Baseline projections are used to gauge the extent to which proposed legislation, if enacted into law, would alter current spending and revenue levels.
• Being used: means not having been taken out of operation. See Arizona Laws 49-1001
• Board: means the board of supervisors. See Arizona Laws 11-801
• Board: means the water infrastructure finance authority board established by section 49-1206. See Arizona Laws 49-1201
• Board of adjustment: means the official body designated by local ordinance to hear and decide applications for variances from the terms of the zoning ordinance and appeals from the decision of the zoning administrator. See Arizona Laws 9-462
• Bonds of a political subdivision: means bonds issued by a political subdivision as authorized by law. See Arizona Laws 49-1201
• business changes: includes improvements in operating practices, spill and leak prevention measures, inventory control and other changes that proportionately reduce or eliminate the release of pollutants to the overall environment but does not include the transfer or relocation of an operation or process to another facility in this state with no subsequent proportionate reduction in toxics use or the release of pollutants to the overall environment. See Arizona Laws 49-961
• Clean water act: means the federal water pollution control act amendments of 1972 (P. See Arizona Laws 49-1201
• Closure: means the removal of an underground storage tank from operation. See Arizona Laws 49-1001
• Commission: means the county planning and zoning commission. See Arizona Laws 11-801
• Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
• Concession agreement: means any lease, ground lease, franchise, easement, permit or other binding agreement transferring rights for the use or control, in whole or in part, of water-related facilities by the authority to a private partner in accordance with this chapter. See Arizona Laws 49-1201
• Contract: A legal written agreement that becomes binding when signed.
• Corrective actions: means those actions that are prescribed pursuant to section 49-1005. See Arizona Laws 49-1001
• Deed: The legal instrument used to transfer title in real property from one person to another.
• Department: means the Arizona department of agriculture. See Arizona Laws 3-101
• Design: means street alignment, grades and widths, alignment and widths of easements and rights-of-way for drainage and sanitary sewers and the arrangement and orientation of lots. See Arizona Laws 9-463
• Designated representative: means a person to whom an owner or an operator, or both, assign in writing any right, title or interest that the owner or operator, or both, may have in and to the proceeds of a reimbursement for a corrective action made under article 3 of this chapter. See Arizona Laws 49-1001
• Director: means the director of environmental quality who is also the director of the department. See Arizona Laws 49-101
• Disposal: means discharging, depositing, injecting, dumping, spilling, leaking or placing a toxic substance or hazardous waste into or on land or water so that the toxic substance or hazardous waste or any constituent of hazardous waste may enter the environment, be emitted into the air or be released into or commingled with any waters, including groundwater. See Arizona Laws 49-961
• Division: means the environmental services division of the Arizona department of agriculture. See Arizona Laws 3-901
• Eligible entity: means any of the following:

  (a) A water provider that distributes or sells water outside of the boundaries of an initial active management area in which part of the central Arizona project aqueduct is located. See Arizona Laws 49-1270

• Eligible entity: means any of the following:

  (a) A water provider. See Arizona Laws 49-1301

• Energy policy act: means the underground storage tank compliance act, title XV, subtitle B of the energy policy act of 2005 (P. See Arizona Laws 49-1001
• Entitlement: A Federal program or provision of law that requires payments to any person or unit of government that meets the eligibility criteria established by law. Entitlements constitute a binding obligation on the part of the Federal Government, and eligible recipients have legal recourse if the obligation is not fulfilled. Social Security and veterans' compensation and pensions are examples of entitlement programs.
• Environmental law: means a federal, state or local law, rule, regulation or ordinance, or a permit issued under a federal, state or local law, rule, regulation or ordinance, relating to protection of the environment. See Arizona Laws 49-1401
• Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. ^{Source: U.S. Courts}
• Ex officio: Literally, by virtue of one's office.
• Executor: A male person named in a will to carry out the decedent
• Facility: means all buildings, equipment, structures and other stationary items located on a single site or on contiguous or adjacent sites and owned or operated by the same person or by any person who controls, is controlled by or is under common control with any person. See Arizona Laws 49-961
• Fair market value: The price at which an asset would change hands in a transaction between a willing, informed buyer and a willing, informed seller.
• Fiduciary: means :

  (a) A trust company or bank certified or authorized to engage in the trust business pursuant to Title 6, Chapter 8, Article 1. See Arizona Laws 49-1001

• Final plat: means a map of all or part of a subdivision essentially conforming to an approved preliminary plat, prepared in accordance with the provision of this article, those of any local applicable ordinance and other state statute. See Arizona Laws 9-463
• Financial assistance: means loans provided by the authority to eligible entities and credit enhancements purchased for an eligible entity's bonds or other forms of indebtedness pursuant to section 49-1307. See Arizona Laws 49-1301
• Financial assistance loan repayment agreement: means an agreement to repay a loan provided to design, construct, acquire, rehabilitate or improve water or wastewater infrastructure, related property and appurtenances or a loan provided to finance a water supply development project. See Arizona Laws 49-1201
• Foreclosure: A legal process in which property that is collateral or security for a loan may be sold to help repay the loan when the loan is in default. ^{Source: OCC}
• Fraud: Intentional deception resulting in injury to another.
• fund: means the water supply development revolving fund established by section 49-1271. See Arizona Laws 49-1270
• Generator: means a person who, by virtue of ownership, management or control, is responsible for causing or allowing to be caused the creation of hazardous waste. See Arizona Laws 49-961
• Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
• Guarantor: A party who agrees to be responsible for the payment of another party's debts should that party default. ^{Source: OCC}
• Guarantor: means a person, other than an owner or operator, who provides evidence of financial responsibility for an owner or operator pursuant to this chapter. See Arizona Laws 49-1001
• Hazardous waste: means hazardous waste as defined in section 49-921. See Arizona Laws 49-901
• Hazardous waste: means hazardous waste as defined in section 49-921. See Arizona Laws 49-961
• Import water: means to make water originating outside of this state available to water users within this state by conveyance, exchange or otherwise through projects that are funded or financed in whole or in part with monies from the long-term water augmentation fund. See Arizona Laws 49-1201
• Imported water: means any water that originates outside of this state and that is made available to water users within this state by conveyance, exchange or otherwise through projects that are funded or financed in whole or in part with monies from the long-term water augmentation fund. See Arizona Laws 49-1201
• Improvement: means required installations, pursuant to this article and subdivision regulations, including grading, sewer and water utilities, streets, easements, traffic control devices as a condition to the approval and acceptance of the final plat thereof. See Arizona Laws 9-463
• Indian reservation: means all lands that are held in trust by the United States for the exclusive use and occupancy of Indian tribes by treaty, law or executive order and that are currently recognized as Indian reservations by the United States department of the interior. See Arizona Laws 11-801
• Indian tribe: means any Indian tribe, band, group or community that is recognized by the United States secretary of the interior and that exercises governmental authority within the limits of any Indian reservation under the jurisdiction of the United States government, notwithstanding the issuance of any patent and including rights-of-way running through the reservation. See Arizona Laws 49-1201
• Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
• Inspector: means the county zoning inspector. See Arizona Laws 11-801
• Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
• Land splits: as used in this article means the division of improved or unimproved land whose area is two and one-half acres or less into two or three tracts or parcels of land for the purpose of sale or lease. See Arizona Laws 9-463
• Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
• Lien: A claim against real or personal property in satisfaction of a debt.
• Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
• Loan: means leases, loans or other evidence of indebtedness for water supply development purposes issued from the water supply development revolving fund. See Arizona Laws 49-1270
• Loan: means a bond, lease, loan or other evidence of indebtedness pertaining to financial assistance for water supply development projects issued from the long-term water augmentation fund. See Arizona Laws 49-1301
• Loan repayment agreement: means an agreement to repay a loan issued from the water supply development revolving fund entered into by an eligible entity. See Arizona Laws 49-1270
• Loan repayment agreement: means an agreement to repay a loan that is issued from the long-term water augmentation fund and that is entered into by an eligible entity. See Arizona Laws 49-1301
• Long-term water augmentation bonds: means bonds that are issued by the authority in accordance with article 4 of this chapter. See Arizona Laws 49-1201
• Long-term water augmentation fund: means the fund established by section 49-1302. See Arizona Laws 49-1201
• Minority leader: See Floor Leaders
• Motor fuel: means petroleum or a petroleum based substance that is motor gasoline, aviation gasoline, number 1 or number 2 diesel fuel or any grade of oxygenated gasoline typically used in the operation of a motor engine. See Arizona Laws 49-1001
• municipality: means an incorporated city or town. See Arizona Laws 9-462
• municipality: means an incorporated city or town. See Arizona Laws 9-463
• natural gas storage facility: means a facility that is either underground or above ground with a capacity of at least five hundred thousand cubic feet and that is used primarily for the storage of natural gas, excluding liquefied natural gas. See Arizona Laws 49-1501
• New piping component: means any underground pipe or combination of pipes that contains and conveys a regulated substance between a tank and a motor fuel dispenser, including any valve, elbow, connector or joint that is added to an underground storage tank on or after January 1, 2009 and that was not originally included or installed as part of the underground storage tank. See Arizona Laws 49-1001
• Newspaper of general circulation in the county seat: means a daily or weekly newspaper if any is published in the county seat. See Arizona Laws 11-801
• Nonpoint source project: means a project designed to implement a certified water quality management plan. See Arizona Laws 49-1201
• Occurrence: means an incident or accident, including continuous or repeated exposure to conditions, which results in a release from an underground storage tank. See Arizona Laws 49-1001
• Operator: means a person in control of, or having responsibility for, the day-to-day operation of an underground storage tank. See Arizona Laws 49-1001
• Organization: means a company, corporation, political subdivision, firm, enterprise or institution, or any part or combination thereof, whether incorporated or not, public or private, that has its own functions and administration. See Arizona Laws 49-1401
• Out of operation: means having been closed in accordance with all applicable fire codes and other statutory and regulatory requirements for closure in effect on the date that closure was accomplished. See Arizona Laws 49-1001
• Partially shielded: means that fixtures are shielded in such a manner that the bottom edge of the shield is below the plane of the center line of the lamp reducing light above the horizontal. See Arizona Laws 49-1101
• Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
• Person: means an individual, trust, firm, joint stock company, corporation, joint venture, partnership, association, consortium, state, municipality, interstate body, commission, political subdivision of a state and the United States government. See Arizona Laws 49-1001
• Person: means an individual, the United States, this state or a public or private corporation, local government unit, public agency, partnership, association, firm, trust or estate or any other legal entity. See Arizona Laws 49-961
• Person: includes a corporation, company, partnership, firm, association or society, as well as a natural person. See Arizona Laws 1-215
• Petroleum: means petroleum, including crude oil or any fraction of crude oil, which is liquid at sixty degrees Fahrenheit and 14. See Arizona Laws 49-1001
• Planning agency: means the official body designated by local ordinance to carry out the purposes of this article and may be a planning department, a planning commission, a hearing officer, the legislative body itself or any combination thereof. See Arizona Laws 9-462
• Planning agency: means the official body designated by local ordinance to carry out the purposes of this article and may be a planning department, a planning commission, the legislative body itself, or any combination thereof. See Arizona Laws 9-463
• Plat: means a map of a subdivision:

  (a) "Preliminary plat" means a preliminary map, including supporting data, indicating a proposed subdivision design prepared in accordance with the provisions of this article and those of any local applicable ordinance. See Arizona Laws 9-463

• Pledged revenues: means any monies to be received by an eligible entity, including property taxes, other local taxes, fees, assessments, rates or charges that are pledged by the eligible entity as a source of repayment for a loan repayment agreement. See Arizona Laws 49-1301
• Political subdivision: means a county, city, town or other taxing district other than the state that is authorized to take property by eminent domain. See Arizona Laws 49-1001
• Political subdivision: means a county, city, town or special taxing district authorized by law to construct wastewater treatment facilities, drinking water facilities or nonpoint source projects. See Arizona Laws 49-1201
• Pollution: means the disposal of a toxic substance or hazardous waste into the air, land, surface water or groundwater. See Arizona Laws 49-961
• Pollution prevention: means operational procedures and processes and improvements in housekeeping or management techniques that reduce potential or actual releases of pollutants to the overall environment including all air, water and land resources affected by those pollutants. See Arizona Laws 49-961
• Population: means the population according to the most recent United States decennial census. See Arizona Laws 1-215
• Precedent: A court decision in an earlier case with facts and law similar to a dispute currently before a court. Precedent will ordinarily govern the decision of a later similar case, unless a party can show that it was wrongly decided or that it differed in some significant way.
• Private partner: means a person, entity or organization that is not the federal government, this state or a political subdivision of this state. See Arizona Laws 49-1201
• Process: means a citation, writ or summons issued in the course of judicial proceedings. See Arizona Laws 1-215
• Property: includes both real and personal property. See Arizona Laws 1-215
• Public law: A public bill or joint resolution that has passed both chambers and been enacted into law. Public laws have general applicability nationwide.
• Public-private partnership project: means any water supply development project that is the subject of a public-private partnership agreement in accordance with this chapter. See Arizona Laws 49-1201
• Quorum: The number of legislators that must be present to do business.
• Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
• Recourse: An arrangement in which a bank retains, in form or in substance, any credit risk directly or indirectly associated with an asset it has sold (in accordance with generally accepted accounting principles) that exceeds a pro rata share of the bank's claim on the asset. If a bank has no claim on an asset it has sold, then the retention of any credit risk is recourse. ^{Source: FDIC}
• Recycling: means a reuse, further use, reclamation or extraction through a process or activity that is separate from the process or activity that produced the waste stream but does not include combustion or incineration. See Arizona Laws 49-961
• Regulated facility or operation: means a facility or operation that is regulated under an environmental law. See Arizona Laws 49-1401
• Regulated substance: means :

  (a) Petroleum. See Arizona Laws 49-1001

• Release: means a spill, leak, emission, discharge, escape, leach or disposal of a regulated substance from an underground storage tank into groundwater, surface water or soils. See Arizona Laws 49-1001
• Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant.
• Remand: When an appellate court sends a case back to a lower court for further proceedings.
• Rescission: The cancellation of budget authority previously provided by Congress. The Impoundment Control Act of 1974 specifies that the President may propose to Congress that funds be rescinded. If both Houses have not approved a rescission proposal (by passing legislation) within 45 days of continuous session, any funds being withheld must be made available for obligation.
• Rezoning: means a change in the zoning ordinance changing the zoning district boundaries within an area previously zoned. See Arizona Laws 11-801
• Right-of-way: means any public or private right-of-way and includes any area required for public use pursuant to any general or specific plan as provided for in article 6 of this chapter. See Arizona Laws 9-463
• Safe drinking water act: means the federal safe drinking water act of 1974 (P. See Arizona Laws 49-1201
• Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
• State agency: means any agency or political subdivision of the state. See Arizona Laws 3-901
• State land: includes land owned by this state or by a state agency. See Arizona Laws 3-901
• Street: means any existing or proposed street, avenue, boulevard, road, lane, parkway, place, bridge, viaduct or easement for public vehicular access or a street shown in a plat heretofore approved pursuant to law or a street in a plat duly filed and recorded in the county recorder's office. See Arizona Laws 9-463
• Subdivider: means a person, firm, corporation, partnership, association, syndicate, trust or other legal entity that files application and initiates proceedings for the subdivision of land in accordance with the provisions of this article, any local applicable ordinance and other state statute, except that an individual serving as agent for such legal entity is not a subdivider. See Arizona Laws 9-463
• Subdivision: means any land or portion thereof subject to the provisions of this article as provided in Section 9-463. See Arizona Laws 9-463
• Subdivision regulations: means a municipal ordinance regulating the design and improvement of subdivisions enacted under the provisions of this article or any prior statute regulating the design and improvement of subdivisions. See Arizona Laws 9-463
• Suspected release: means any of the following:

  (a) The discovery by owners and operators or others of released regulated substances at the underground storage tank site or in the surrounding area. See Arizona Laws 49-1001

• Tank: means a stationary device constructed of wood, concrete, steel, plastic or other nonearthen materials and used to contain regulated substances. See Arizona Laws 49-1001
• Tank service: means installation, retrofitting, tank tightness testing, closure, cathodic protection or interior tank lining of an underground storage tank or a part of an underground storage tank. See Arizona Laws 49-1081
• Technical assistance loan repayment agreement: means either of the following:

  (a) An agreement to repay a loan provided to develop, plan and design water or wastewater infrastructure, related property and appurtenances. See Arizona Laws 49-1201

• Testify: Answer questions in court.
• Testify: includes every manner of oral statement under oath or affirmation. See Arizona Laws 1-215
• Tort: A civil wrong or breach of a duty to another person, as outlined by law. A very common tort is negligent operation of a motor vehicle that results in property damage and personal injury in an automobile accident.
• toxics: means a toxic chemical listed pursuant to the pollution prevention act of 1990 (42 United States Code § 13102 (3)). See Arizona Laws 49-961
• Trustee: A person or institution holding and administering property in trust.
• Under-dispenser containment: means a secondary containment device that is beneath a motor fuel dispenser, that is connected to the underground storage tank and that is designed to be liquid tight. See Arizona Laws 49-1001
• Underground storage tank: means a tank or combination of tanks and underground pipes and impact valves connected to tanks being used or having been used to contain regulated substances and which has at least ten percent of the total volume of the tank and underground portions of pipes connected to the tank underground. See Arizona Laws 49-1001
• Uphold: The decision of an appellate court not to reverse a lower court decision.
• Wastewater treatment facility: means a treatment works, as defined in section 212 of the clean water act, that is located in this state and that is designed to hold, cleanse or purify or to prevent the discharge of untreated or inadequately treated sewage or other polluted waters for purposes of complying with the clean water act. See Arizona Laws 49-1201
• Water provider: means any of the following:

  (a) A municipal water delivery system as defined in section 42-5301. See Arizona Laws 49-1201

• Water supply development: means any of the following:

  (a) Acquiring water or rights to or contracts for water to augment the water supply of a water provider, including any environmental or other reviews, permits or plans reasonably necessary for that acquisition. See Arizona Laws 49-1201

• Water-related facilities: means any facility related to the production, delivery, conservation or storage of water, including any canals, pipelines, desalination plants, pumping stations, storage projects, recovery wells, delivery and retention projects, water and wastewater treatment plants, and other equipment and facilities installed for water conservation purposes, together with any land, buildings or other improvements and equipment or personal property related thereto. See Arizona Laws 49-1201
• Zoning administrator: means the official responsible for enforcement of the zoning ordinance. See Arizona Laws 9-462
• Zoning district: means any portion of a county in which the same set of zoning regulations applies. See Arizona Laws 11-801
• Zoning ordinance: means an ordinance that is adopted by the board of supervisors and that contains zoning regulations together with a map setting forth the precise boundaries of zoning districts within which the various zoning regulations are effective. See Arizona Laws 11-801
• Zoning ordinance: means a municipal ordinance regulating the use of the land or structures, or both, as provided in this article. See Arizona Laws 9-462
• Zoning regulations: means provisions that govern the use of land or buildings, or both, the height and location of buildings, the size of yards, courts and open spaces, the establishment of setback lines and such other matters as may otherwise be authorized under this chapter and that the board deems suitable and proper. See Arizona Laws 11-801
• Zoning regulations amendment: means a change in the zoning ordinance that modifies, adds to, transfers or repeals one or more zoning regulations or that adds one or more zoning regulations. See Arizona Laws 11-801