For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning. These definitions shall be supplemented by the definitions contained in §§ 153.020 through 153.032, and also by the definitions contained in §§ 153.045 through 153.050. All of the foregoing definitions shall be applicable to this subchapter.
BENEFITTING PARCELS. Parcels of land which will be entitled to receive the benefit of the transferred development rights from the controlled parcel.
BUILDABLE AREA. The net area of a benefitted parcel remaining after deducting any non-buildable area contained therein.
COMPREHENSIVE PLAN. The same as Comprehensive Land Use Plan which means the official public document adopted by the Town Council as a legislative policy guide to present and future land use decisions.
CONSERVATION PURPOSES. The conservation of land or water areas, the preservation of buildings or sites of historical or cultural significance and the preserving of land or water areas dominantly in their natural scenic, open or wooded condition.
CONTROLLED PARCELS. Parcels of land from which the development rights shall be identified, severed and detached for purposes of transfer to benefitted parcels.
DEVELOPMENT RIGHT. The right of the owner of the fee interest in the land to change the use of the land.
NON-BUILDABLE AREAS. Land or water areas within the gross area of a benefitted parcel which are not available to the owner for the placement, location or construction of buildings or structures. This may be due either to the physical inability of the surface area to support such construction or to the operation and effect of conservation or preservation restrictions imposed on the area prohibiting or limiting construction thereof.
OUTDOOR RECREATIONAL OR PARK PURPOSES. Includes, but is not necessarily limited to, boating, golfing, camping, swimming, horseback riding and archaeological, scenic or scientific sites and applies only to land which is open generally to the owners, residents of the park and their guests and invitees.
OWNER. As applied to a building or land area, the term OWNER shall include any part owner, joint owner, corporate owner, any unit owner in a cooperative form of property ownership, any
shareholder in a corporate form of cooperative ownership, trustee, tenant in common, tenant in partnership, joint tenant or tenant by the entirety of the whole or of a part of such building, mobile home, land or water area.
OWNER OF PROPERTY. Same as OWNER.
PRESERVATION PURPOSE. The protection and continuation of unique ecological characteristics, rare or limited combinations or geological formations or features of a rare or limited nature constituting habitat suitable for fish, plants or wild life, and like uses which would be consistent with conservation, recreation and open space, and coastal protection elements of the Town Comprehensive Plan.
PUBLIC PURPOSES. A benefit gained by the public by way of conservation of land or water areas, preservation of unique ecological characteristics, or the dedication of land areas in the town which serve the conservation, preservation, outdoor recreation or park purposes of the public or which otherwise facilitates the timely and orderly donation of lands needed by the town for beneficial and aesthetic public purposes or other necessary public purposes.
SITE. A parcel of land that contains more than one use or principal structure.
SITE COVERAGE. The portion of a site, expressed as a percentage, occupied by all buildings or structures which are roofed or otherwise covered and that extend more than one foot above the surface ground level.
SITE PLAN. A graphic and/or narrative description of the details of design relevant to a proposed development. Typically, a SITE PLAN shows the size, nature, setbacks and type of the proposed development with exterior elevations or schematic illustrations of representative buildings and structures which are intended to be included in the application.
TRANSFER OF DEVELOPMENT RIGHTS. A mechanism which permits the development rights of the controlled parcel to be transferred to one or more benefitted parcels of land for future use.
UNITY OF TITLE, AS A RECORDED INSTRUMENT. A document recorded in the office of the Clerk of the Circuit Court of the county stipulating that a lot, lots or parcel of land shall be held under single ownership, shall not be eligible for further subdivision and shall not be transferred, conveyed, sold or divided in any unit other than in its entirety.
UNITY OF TITLE, AS A NON-RECORDED AGREEMENT. A document placed on file in the office of the corporation owner which manages and administers the cooperative association of the town mobile home park. This document may be in the form of a combined stock certificate or as a separate agreement or declaration stipulating that a lot, lots or parcel of land shall be held under single ownership, shall not be eligible for further subdivision and shall not be transferred, conveyed, sold or divided in any unit other than in its entirety.
USE. The specific purpose for which land, buildings or structures are designated, arranged, intended, used or for which purpose it is or may be occupied, used or maintained; or any activity,
occupation, business or operation carried on, or intended to be carried on, in a building or other structure or on a tract of land.
USE-BY-RIGHT. The uses which are enumerated in the district regulations and are compatible with the intent provided for that district.
ZONING ORDINANCE. An ordinance which rezones specific parcels of real property or which changes the permitted use categories or the regulations pertaining to use and occupancy in a specific zoning district.
(Ord. 1-90, passed 1-31-1991)