(A) (1) Words, phrases and terms defined in the Unified Development Code (UDC) shall be given the defined meaning as set forth below. Words, phrases and terms not defined in the UDC shall be given their usual and customary meanings, except where the context clearly indicates a different meaning.
(2) The text of this section shall control captions, titles and maps.
(3) The word “shall” is mandatory and not permissive; the word “may” is permissive and not mandatory.
(4) Words used in the singular include the plural; words used in the plural include the singular.
(5) Words used in the present tense include the future tense; words used in the future tense include the present tense.
(6) Within this chapter, sections prefaced “purpose and findings” are included. Each purpose statement is intended as an official statement of legislative finding or purpose. The “purpose and findings” statements are legislatively adopted, together with the formal text of the UDC. They are intended as a guide to the administration and interpretation of the UDC and shall be treated in the same manner as other aspects of legislative history. However, they are not binding standards.
(7) In their interpretation and application, the provisions of the UDC are considered minimal in nature. Whenever the provisions, standards or requirements of any other applicable division of the UDC are higher or more restrictive, the latter shall control.
(8) In computing any period of time prescribed or allowed by this section, the day of the notice or final application, after which the designated period of time begins to run, is not to be included. Further, the last day is to be included unless it is not a working day, in which event the period runs until the next working day.
(B) For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ABANDONMENT. The discontinuance of a non-conformity voluntarily for a period of 12 months with an intent to abandon, or the commission of an overt act of substantial discontinuance for a period of 12 months with or without voluntary intent.
ABUT or ABUTTING. Having property lines in common.
ACCESSORY APARTMENT. A dwelling unit located within the principal dwelling, which is accessory, supplementary and secondary to the principal dwelling unit. May be constructed as an attached addition to the principal use or be occupied as an accessory to the principal use and is located within the same building as the principal dwelling unit.
ACCESSORY DETACHED DWELLING UNIT. A dwelling unit that is accessory, supplementary and secondary to the principal dwelling, which may be constructed as an addition to the principal structure or as an accessory to the principal structure. An accessory dwelling unit is detached from the principal dwelling.
ACCESSORY DWELLING. An accessory detached dwelling unit or an accessory apartment.
ACCESSORY DWELLING STANDARDS. See Division 16 of the UDC.
ACCESSORY USE OR BUILDING. A subordinate use or building customarily incidental to and located on the same lot with the main use or building.
ACCESSORY USE REGULATIONS. See Division 16 of the UDC.
ADDITION. A completely new structure or new component to an existing structure.
ADEQUATE PUBLIC FACILITY. A public facility or system of facilities that has sufficient available capacity to service the physical area and designated intensity and use of development at adopted specified levels of service. See CONCURRENCY.
ADJACENT. Two properties, lots or parcels are “adjacent” where they abut, or where they are separated by a roadway or street, right-of-way or railroad line, or any stream, river, canal, lake or other body of water.
ADOPTED LEVEL OF SERVICE (LOS). The LOS standards adopted, as referenced in Division 15 of the UDC for a particular public facility. All applications are evaluated for the purposes set forth in this chapter in accordance with these ADOPTED LOSs. The ADOPTED LOS also provides a basis for the establishment or expansion of a public facility or service that is subject to Division 15 of this chapter.
ADVERSE EFFECT. A negative change in the quality of the historical, architectural, archaeological or cultural significance of a resource, or in the characteristics that qualify the resource as historically, architecturally, archaeologically or culturally important.
AFFORDABLE HOUSING. Housing that is affordable to very low-income, low-income or moderate-income persons as defined by the Department of Housing and Urban Development regulation for the city, and is maintained for occupancy exclusively for such very low-income, low-income or moderate-income person or persons for a period of at least 30 years, through the use of a covenant or deed restriction, by a development agreement or by transferring an interest to a state or municipal housing agency or non-profit housing organization.
AFFORDABLE UNIT. A designated unit of affordable housing that is sold or rented to a household of very low, low or moderate income.
AIRPORT. Any area of land or water, whether of public or private ownership, designed and set aside for the landing and taking off of aircraft, including all contiguous property that is held or used for airport purposes.
AIRPORT HAZARD. Any structure, tree or use of land that obstructs the air space required for the flight of aircraft. The term “obstructs” includes any interference with or any situation that creates a hazard to the control of tracking and/or data acquisition in handling, taking off or flight at any airport, or any installation or facility relating to flight and tracking and/or data acquisition of flight craft that is hazardous to or interferes with tracking and/or data acquisition pertaining to flight and flight vehicles.
AIRPORT HAZARD AREA. Any area of land or water upon which an airport hazard might be established if not prevented as provided in this section, and for the purposes hereof, in that area underlying or within the lateral limits of the imaginary surfaces that are within the controlled area of these regulations.
ALLEY. A public or private right-of-way primarily designed to serve as secondary access to the side or rear of those properties whose principal frontage is on some other street.
ALTERATION. Generally, as applied to a building or structure, a change or rearrangement in the structural parts or an enlargement, whether by extending on a side or by increasing in height, or the moving from one location or position to another.
AMERICANS WITH DISABILITIES ACT. 42 U.S.C. §§ 1281 et seq., Pub. Law No. 101-336, and implementing regulations at 28 C.F.R. parts 35 and 36.
AMORTIZATION. The required removal of a non-conformity after a stated period of time without compensation.
ANCILLARY APPURTENANCES. Equipment associated with a wireless communications facility, including, but not limited to, antennas, attaching devices, transmission lines and all other equipment mounted on or associated with a wireless communications facility. Does not include equipment enclosures.
ANNEXATION. The addition of unincorporated territory to an incorporated area pursuant to state statutes.
ANTENNA. Any apparatus designed for the transmitting and/or receiving of electromagnetic waves for telephonic, radio or television communications. This includes omni-directional (whip) antennas, sectorized (panel) antennas, microwave dish antennas, multi-bay or single bay (frequency modulation and television), yaggie or parabolic (dish) antennas, but does not include satellite earth stations.
ANTENNA, DISH. A parabolic, spherical or elliptical antenna intended to receive wireless communications.
ANTENNA, FLUSH-MOUNTED. An antenna that is attached flush to an antenna supporting structure, without the use of sidearms or other extension devices.
ANTENNA, PANEL. A directional antenna designed to transmit and/or receive signals in a directional pattern that is less than 360 degrees and is not a flush-mounted or dish antenna.
ANTENNA SUPPORTING STRUCTURE. A vertical projection, including a foundation, designed and primarily used to support one or more antennas or that constitutes an antenna itself. This does not include stealth wireless communications facilities, but does include roof-mounted antenna supporting structures that extend above the roof lines by more than 20 feet, or that have an overall height of greater than 50 feet. In addition, this does not include utility equipment.
ANTENNA SUPPORTING STRUCTURE, BROADCAST. An antenna supporting structure, including replacements, that contains antennas that transmit signals for radio and television communications.
ANTENNA SUPPORTING STRUCTURE, REPLACEMENT. The construction of an antenna supporting structure intended to replace an antenna supporting structure in existence at the time of application.
ANTENNA SUPPORTING STRUCTURE, ROOF-MOUNTED. An antenna supporting structure mounted on the roof of a building that extends above the roof line by 20 feet or less and that has an overall height of 50 feet or less.
ANTENNA, SURFACE-MOUNTED. An antenna that is attached to the surface or facade of a building or structure other than an antenna supporting structure.
ANTENNA, WHIP. A cylindrical, omnidirectional antenna designed to transmit and/or receive signals in a 360-degree pattern.
ANTIQUATED SUBDIVISION. Any subdivision or partition of land into lots, parcels or building sites that was recorded prior to the adoption of land development regulations by the city requiring governmental planning and regulatory approval pursuant to the state enabling act, and that has two or more vacant undeveloped lots, parcels or building sites.
ANTIQUE. An object d’art or household furnishing that was not mass produced and was characteristic of a specific period in a specific country.
APARTMENT. See DWELLING, MULTI-FAMILY.
APPEAL. An appeal to the Board of Adjustment where it is alleged that there is an error in any order, requirement, decision or determination made by an administrative official in the enforcement of the UDC.
APPLICANT. The owner of land proposed to be subdivided or its representative who shall have express written authority to act on behalf of the owner. Consent shall be required from the legal owner of the premises.
APPLICATION. Any application for a development order or a development approval.
APPROACH DEPARTURE PATH. A path for flight in a plane leading outward and upward from the end of the take-off and landing area, under which adequate areas are located to permit a safe landing in the event of a malfunction.
APPURTENANCE. Any accessory or ancillary building, object, structure, fence, street furniture, fixture, vending machine, fountain, public artwork or bicycle rack located on the grounds of a historic landmark, in a historic district, on public property or in the public right-of-way.
ARCHAEOLOGY. The science or study of the material remains of past life or activities and the physical site, location or context in which they are found, as delineated in the Archaeological Resources Protection Act of 1979, being 16 U.S.C. §§ 470aa through 470mm, as amended.
ARCHITECT. A professional architect holding a valid registration by the state’s Office of Professional Regulation.
AREA. A geographical and functional basis for ordering of zoning districts based upon location within a rural, suburban and urban setting.
AREA OF BENEFIT. An area of land that is designated by the Planning Commission as receiving benefits from or creating the need for the construction, acquisition or improvement of a public facilities project.
AREA OF FLOOD INUNDATION. Sites that are subject to flooding as a result of water ponding in the controlled storage areas of dams and detention and retention ponds.
AREA OF SHALLOW FLOODING. A Federal Emergency Management Agency-designated AO, AH or VO zone on a community’s Flood Insurance Rate Map with a 1% chance or greater annual chance of flooding to an average depth of one to three feet where a clearly defined channel does not exist, where the path of flooding is unpredictable and where velocity flow may be evident. Such flooding is characterized by ponding or sheet flow.
AREA OF SPECIAL FLOOD HAZARD. The land in the floodplain within a community subject to a 1% or greater chance of flooding in any given year. The area is designated as a Federal Emergency Management Agency Zone A, AE, AH, AO, A1-99, VO, V1-30, VE or V on the Flood Insurance Rate Maps. See FLOOD, FLOODING, FLOODPLAIN and 100-YEAR FLOODPLAIN.
AREA-RELATED FACILITY. A capital improvement that is designated in the capital improvements program as serving new development and that is not a site-related facility. May include land dedication or construction of an oversized capital improvement, whether located off site or within or on the perimeter of the development site.
AVERAGE DENSITY. See CLUSTER ZONING.
BALCONY. A cantilevered platform that projects from the wall of a building above the first level and is surrounded by a rail, balustrade or parapet that does not extend more than 42 inches above the platform surface.
BALUSTRADE. A rail or row of posts that support the rail, as along the edge of a staircase.
BASE DENSITY. The total permitted dwelling units computed by dividing the minimum lot size by the gross acreage for conventional subdivisions, or the maximum density applied to gross acreage for conservation subdivisions.
BASE FLOOD. The flood having a 1% chance of being equaled or exceeded in any given year. (Also called 100-YEAR FREQUENCY FLOOD.)
BASE FLOOD ELEVATION. The elevation for which there is a 1% chance in a given year that flood levels will equal or exceed it.
BASEMENT. Any area of the building having its floor subgrade (below ground level) on all sides.
BASE ZONING DISTRICT. Any of the zoning districts established pursuant to § 153.0182 of this chapter.
BEST MANAGEMENT PRACTICES. An effective integration of storm-water management systems, with appropriate combinations of landscape conservation, enhancement, structural controls, impervious cover, schedules of activities, prohibitions of practices, maintenance procedures and other management practices that provide an optimum way to convey, store and release run-off, in order to reduce peak discharge, remove pollutants and enhance the environment.
BICYCLE FACILITY. Any bicycle path, bicycle trail, bicycle lane or bicycle route.
BICYCLE LANE. A designated portion of a street pavement for the exclusive use of bicycles. Bicycle signs and pavement markings designate the presence and limits of a BICYCLE LANE.
BICYCLE PATH. A designated paved travelway intended for bicycle use, to the exclusion of routine motor vehicle use. Typically used by two-way bicycle traffic.
BICYCLE ROUTE. A street that is used by motor vehicles and is designated by the presence of specific bicycle route signing, for use by bicycles.
BICYCLE TRAIL. See BICYCLE PATH.
BLOCK. A tract of land bounded by streets, or by a combination of streets and public parks, cemeteries, railroad rights-of-way, shorelines of waterways or boundary lines of local governments.
BOARDING HOUSE. A building other than a hotel where lodging is provided for definite periods for compensation pursuant to previous arrangements.
BOND. Any form of a surety bond in an amount and form satisfactory to the City Attorney. All bonds shall be approved by the City Attorney whenever a bond is required by these regulations.
BOUNDARY STREET. A public street that is adjacent to and that abuts one or more sides of the proposed site.
BROKEN-BACK CURVE. A curve consisting of two curves in the same direction joined by a short tangent.
BUFFER YARD. The required installation of landscaping and screening materials between zoning districts and certain uses.
BUILDING. A structure designed, built or occupied as a shelter or roofed enclosure for persons, animals or property. For the purpose of this definition, “roof” shall include an awning or other similar coverings, whether or not they are permanent in nature. Without limiting the generality of the foregoing, the following shall be considered a BUILDING: a house, a barn, a church, a hotel, a warehouse, or a similar structure, or an historically related complex, such as a courthouse and a jail or a house and a barn.
BUILDING ELEVATION. The view of any building or other structure from any one of four sides showing features, such as construction materials, design, height, dimensions, windows, doors, other architectural features and the relationship of grade to floor level.
BUILDING FOOTPRINT. The horizontal area measured within the outside of the exterior walls of the ground floor of the main structure.
BUILDING INSPECTOR or BUILDING OFFICIAL. See CODE ENFORCEMENT OFFICER.
BUILDING PERMIT. See DEVELOPMENT APPROVAL.
BUILDING SETBACK LINE. See SETBACK LINE.
BUILDING SITE. The lot or portion of a lot that is designated on the development approval application and any existing buildings and appurtenant parking on the lot.
BULK PLANT. A facility where flammable or combustible liquids are received by tank vessel, pipelines, tank car or tank vehicle, and which are stored or blended in bulk for the purpose of distributing such liquids by tank vessel, pipeline, tank car, tank vehicle, portable tank or container. See TERMINAL.
BUS SHELTER. A roofed structure with at least three walls located on or adjacent to the right-of-way of a street, and which is designed and used primarily for the protection and convenience of bus passengers.
BUSINESS. See SCHOOL, BUSINESS OR COMMERCIAL TRADE.
BUSINESS PARK. A master planned development with a common theme and name intended to be used primarily for office, showroom, service, warehouse and/or distribution purposes.
BUSINESS SERVICES. Establishments primarily engaged in rendering services to business establishments on a fee or contract basis, such as advertising and mailing, building maintenance, employment services, management and consulting services, protective services, equipment rental and leasing, commercial research, development and testing, and photo finishing.
BUSWAY. A bus route, as designated in the major thoroughfare plan, with an existing or projected peak-hour headway not exceeding 26 minutes.
CALIPER. The minimum diameter of a tree measured six inches above the ground for trees up to and including four inches in diameter, and 12 inches above the ground for trees having a larger diameter.
CANOPY. Any structural protective cover that is not enclosed on any of its four sides and is provided for a service area designated for the dispensing or installation of gasoline, oil, antifreeze, headlights, wiper blades and similar products.
CANOPY TREE. Either a medium or large deciduous tree with a mature height of more than 25 feet at maturity.
CAPACITY. The maximum demand that can be accommodated by a public facility or service without exceeding the adopted level of service (LOS). For streets, CAPACITY shall be measured by the maximum number of vehicles that can be accommodated by an intersection or street link, during the time period specified in Division 15 of this chapter, under prevailing traffic and control conditions at that street’s adopted LOS.
CAPITAL IMPROVEMENT. A public facility with a life expectancy of three or more years, to be owned and operated by or on behalf of the city.
CAPITAL IMPROVEMENTS BUDGET. The list of recommended capital improvements to be constructed during the forthcoming five-year period.
CAPITAL IMPROVEMENTS PLAN. A plan setting forth, by category of public facilities, those capital improvements and that portion of their costs that are attributable to serving new development or resolving existing infrastructure deficiencies within designated service areas for such public facilities over a period of specified years (e.g., ten to 20).
CARPORT. Space for the housing or storage of motor vehicles and enclosed on not more than two sides by walls.
CARRYING CAPACITY. A measure to determine environmental infrastructure or fiscal criteria upon which to ground developmental approval. Refers to the extent to which land in its natural or current state can be developed without degrading the environment’s infrastructure, level of service or fiscal impact.
CAR WASH, AUTOMATIC. A structure where chairs, conveyors, blowers, steam cleaners or other mechanical devices are used for the purpose of washing motor vehicles and where the operation is generally performed by an attendant.
CAR WASH, SELF-SERVICE. A structure where washing, drying and polishing of vehicles is generally on a self-service basis without the use of chain conveyors, blowers, steam cleaning or other mechanical devices.
CEMETERY. Any site containing at least one burial, marked or previously marked, dedicated to and used or intended to be used for the permanent interment of the human dead, including perpetual care and non-perpetual care cemeteries.
CENTERLINE (WATERWAY). The centerline of the waterway refers to existing topographically defined channels. If not readily discernible, the centerline shall be determined by the “low flow line” whenever possible; otherwise, it shall be determined by the CENTERLINE of the two-year floodplain.
CENTRAL SEWER SYSTEM. A community sewer system, including collection and treatment facilities.
CENTRAL WATER SYSTEM. A private water company formed by a developer to serve new subdivisions in an outlying area. Includes water treatment and distribution facilities.
CERTIFICATE OF OCCUPANCY. A certificate indicating that the premises comply with all the provisions of the UDC and the Building Code. (Note: The certificate of occupancy is issued after approval of a development approval and construction has occurred pursuant to the development approval.)
CERTIFY. Whenever these regulations require that an agency or official certify the existence of some fact or circumstance, the city by administrative rule may require that such certification be made in any manner, oral or written, which provides reasonable assurance of the accuracy of the certification.
CHILD CARE FACILITY. A facility that provides care, training, education, custody, treatment or supervision for a child who is not related by blood, marriage or adoption to the owner or operator of the facility, for all or part of the 24-hour day, whether or not the facility is operated for profit or charges for the services it offers.
CHILD CARE INSTITUTION (BASIC). A child care facility licensed by the state that provides care for more than 12 children for 24 hours a day. Does not include a 24-hour a day program offered by a specialized child care institution.
CHILD CARE INSTITUTION (SPECIALIZED). A child care facility licensed by the state that provides specialized care for more than 12 children for 24 hours a day. Includes residential treatment centers, emergency shelters, halfway houses, therapeutic camps and institutions serving mentally retarded children.
CHURCH. Any place of worship, including any church, synagogue, temple, mosque or other building or facility, primarily engaged in religious worship. The term CHURCH does not include uses, such as schools, recreational facilities, day care or child care facilities, kindergartens, dormitories or other facilities, for temporary or permanent residences, which are connected or related to the church or the principal buildings on the site, or are located on the same site, even if the curriculum or services offered as part of such use includes religious services and/or training.
CIVIC USES. Any of the following uses, as defined in the use matrix (Table 153.0202(A) of this chapter) and which uses are found to provide focal points for community interaction and foster citizen participation in civic activities: churches, temples, synagogues, mosques and other religious facilities; clubs or lodges; college or university facilities; day care centers; exhibitions and art galleries; grade schools; library buildings; meeting halls or clubhouses; movie theaters; museum, exhibition or similar facilities; performance theaters; postal; public administration; school or university buildings; and trade or specialty school facilities.
CLEAR VISION AREA. The triangular area adjacent to the intersection of any street within which no obstruction may be placed that blocks the sight lines for vehicular traffic.
CLINIC, DENTAL OR MEDICAL. A building in which ten or more physicians and/or dentists or their allied professional assistants carry on their profession; a building that contains one or more physicians, dentists and their assistants, and a laboratory and/or an apothecary limited to the sale of pharmaceutical and medical supplies. Shall not include inpatient care or operating rooms for major surgery.
CLOSE. A front space for buildings interior to the block that includes a roadway loop around a green area. An alternative to the cul-de-sac, as the focus is a greenspace rather than vehicular paving. Provides additional frontage for deep squares and organic blocks.
CLUB. A group of people organized for a common purpose to pursue common goals, interests or activities. Usually characterized by certain membership qualifications, payment of fees and dues, regular meetings, a constitution and bylaws.
CLUBHOUSE. A building and related facilities used by a club, fraternal organization or a membership organization.
CLUSTER. A group of cultural, historical, architectural or archaeological resources with compatible buildings, objects or structures geographically or thematically relating to and reinforcing one another through design, setting, materials, workmanship, congruency and association.
CLUSTER ZONING. A zoning technique where the maximum number of dwelling units on a site is determined by density levels instead of minimum lot size.
COLLECTOR STREET/ROAD. See STREET/ROAD, COLLECTOR.
COLLOCATION. A situation in which two or more providers place an antenna on a common antenna supporting structure, or the addition or replacement of antennas on an existing structure. Includes combined antennas but does not include roof- or surface-mounted wireless communications facilities, or the placement of any personal wireless service antenna on an amateur radio antenna within a residential district.
COMBINED ANTENNA. An antenna designed and utilized to provide services by more than one provider.
COMMERCIAL DRIVEWAY APPROACH. A driveway that provides access to property on which an office, retail or industrial use is located; a building having more than five dwelling units that is located on any driveway approach that accesses property primarily used for a non-residential purpose.
COMMERCIAL/INDUSTRIAL DEVELOPMENTS. Any land area zoned or devoted primarily to commercial or industrial use, including areas zoned as “O” (Office), “CG” (Commercial General), “IL” (Industrial Light) or “IH” (Industrial Heavy).
COMMERCIAL LIVING UNIT. A building that includes commercial uses on the first floor and residential dwelling units above the first floor.
COMMERCIAL PROPERTY. A building, site or structure whose use after rehabilitation or restoration (for ad valorem tax exemption) will be for other than residential use (i.e., for a single-family, duplex or a three- or four-family dwelling).
COMMERCIAL TRADE. See SCHOOL, BUSINESS OR COMMERCIAL TRADE.
COMMERCIAL URBAN DESIGN STANDARDS: See § 153.0999 of this chapter.
COMMITTED DEVELOPMENT. A proposed development that has received final subdivision plat approval or, for a proposed development that does not involve the subdivision of land, an approved master site plan or minor site plan.
COMMON AREA. A parcel or parcels of land, or an area of water, or a combination of land and water, and/or developed facilities and complimentary structures and improvements, including, but not limited to, areas for vehicular and pedestrian access and recreational facilities within the site.
COMMENT ELEMENT. The portion of condominium property that lies outside all owners’ units and is owned, maintained and operated by the condominium association.
COMMON OWNERSHIP. Ownership by the same person, corporation, firm, entity, partnership or unincorporated association, or ownership by different corporations, firms, partnerships, entities or unincorporated associations, in which a stockbroker, partner, associate or a member of his or her family owns an interest in each corporation, firm, partnership, entity or unincorporated association.
COMMON WORKER. An individual who performs labor involving physical tasks that do not require a particular skill; training in a particular occupation, craft or trade; or practical knowledge of the principles or processes of an art, science, craft or trade.
COMMUNITY IMPROVEMENT DISTRICT. See PUBLIC FACILITY SERVICE AREA.
COMPLETELY ENCLOSED STRUCTURE. See STRUCTURE, COMPLETELY ENCLOSED.
COMPREHENSIVE PLAN. A statutorily defined long-range plan intended to guide the growth and development of the city for a period of time and which includes inventory, analytical sections, and elements leading to recommendations for the entire city’s land use, future economic development, housing, recreation, parks, open space, environment, libraries, utilities, public safety, fiscal integrity, transit, transportation, infrastructure, facilities and community design, all related to the goals and objectives, policies and strategies contained within the elements. A COMPREHENSIVE PLAN, depending on a states’s statutory definition, may be denominated as a GENERAL PLAN or MASTER PLAN.
CONCENTRATED ANIMAL FEEDING OPERATION. See 40 C.F.R. part 122.
CONCURRENCY. A requirement that development applications demonstrate in which adequate public facilities be available at prescribed levels of service concurrent with the impact or occupancy of development units. See ADEQUATE PUBLIC FACILITY.
CONDITIONAL LETTER OF MAP REVISION. Will be submitted for Federal Emergency Management Agency approval for all proposed physical changes to the floodplain that will result in a change to the floodplain boundary.
CONDOMINIUM. A unit available for sale in fee simple contained in a multi-occupancy project subject to covenants, conditions and restrictions placing control over the common facilities owned by the condominium. CONDOMINIUM shall mean a condominium, cooperative, trust, partnership or other similar association.
CONSERVATION EASEMENT. A non-possessory interest of a holder in real property that imposes limitations or affirmative obligations designed to: retain or protect natural, scenic or open space values of real property or assure its availability for agricultural, forest, recreational or open space use; protect natural resources; maintain or enhance air or water quality; or preserve the historical, architectural, archeological or cultural aspects of real property.
CONSTRUCTION. The act of adding an addition to an existing building or structure; the erection of a new principal or accessory building or structure on a lot or property; the addition of walks, driveways or parking lots; or the addition of appurtenances to a building or structure.
CONSTRUCTION DRAWINGS. The maps or drawings and engineering specifications accompanying a final plat or final site plan and showing the specific location and design of public and private improvements to be completed as a condition of a development order.
CONSTRUCTION PLAN. The maps or drawings accompanying a subdivision plat and showing the specific location and design of improvements to be installed in the subdivision in accordance with the requirements of the Planning Commission as a condition of the approval of the plat.
CONTIGUOUS. Lots are contiguous when at least one boundary line of one lot touches a boundary line or lines of another lot.
CONTRACTOR. Any person doing work within the building trades or construction professions, either licensed or unlicensed.
CONTROL JOINT. A continuous groove or vertical joint in a masonry wall or concrete slab that is designed to control cracking.
CONTROLLED AREA, AIRPORT. That area within which the airport zoning regulations are effective, and which includes all airport hazard areas that are within the corporate limits of the city and the area outside the corporate limits of the city, which is within a rectangle bounded by lines located one and one-half statute miles (7,920 feet) from the centerline and lines located five statute miles (25,400 feet) from each end of the paved surfaces of each of the runways.
COOPERATIVE. An entire project that is under the common ownership of a board of directors with units leased and stock sold to individual cooperators.
COURTYARD. A space, open and unobstructed to the sky, located at or above grade level on a lot, and bounded on three or more sides by the walls of a building.
CRAFTSMAN. A practitioner of a trade or handicraft, generally recognized by critics and peers as a professional of serious intent and recognized ability, who produces artwork.
CREDIT. The amount of the reduction of an impact fee, fees, rates, assessments, charges or other monetary exaction for the same type of capital improvement for which the monetary exaction has been required.
CRITICAL AREA. Any natural resource or environmentally sensitive area subject to the standards set forth in Division 12 of this chapter in order to protect the public health, safety and general welfare.
CRITICAL ROOT ZONE. A circular region measured outward from a tree trunk, representing the essential area of the roots that must be maintained for the tree’s survival; one foot of radial distance for every inch of tree diameter breast height with a minimum of eight feet.
CROSSWALK. The part of a street at an intersection included within the connections of the lateral lines of the sidewalks on opposite sides of the street (public, private or safety lane) measured from the curbs, in the absence of curbs from the edges of the traversable roadway; any portion of a street (public, private or safety lane) at an intersection or elsewhere distinctly indicated for pedestrian crossing by lines or other markings on the street surfaces.
CROWN. The upper mass or head of a tree, shrub or vine, including branches with foliage.
CUL-DE-SAC. A local street with only one outlet that terminates in a vehicular turnaround, having an appropriate terminal for the safe and convenient reversal of traffic movement.
CULTURAL FACILITIES. Establishments, such as museums, art galleries, botanical and zoological gardens, and other facilities of an historic, an educational or a cultural interest.
CULTURAL RESOURCES. Those resources that possess qualities of significance in American, state or city history, architecture, archaeology and culture present in districts, sites, structures and objects that possess integrity of location, design, setting, materials, workmanship, congruency and association.
CUMULATIVE IMPACT. The impact of a series of development projects taken together to measure the joint and several impacts on the level of service and capacity of a public facility.
CURTAIN WALL. An exterior building wall that carries no roof or floor loads, and consists entirely or principally of metal or a combination of metal, glass and other surfacing materials supported by a metal frame. A CURTAIN WALL that consists of glass has the appearance and function of a solid wall.
CUT-OFF ANGLE. The angle formed by a line drawn from the direction of light rays at the light source and a line perpendicular to the ground from the light source, above which no light is emitted.
DAY CARE CENTER. A child care facility that provides care for more than 12 children under 14 years of age for less than 24 hours a day.
DECIDUOUS. Plants that lose their leaves annually.
DECIDUOUS TREE. A tree that sheds or loses foliage at the end of the growing season.
DECK. A platform extending horizontally from the rear or side yard of the structure, located to the rear of the front building line of the lot and not within the front yard.
DEDICATION. The transfer of fee simple title to, or grant of an easement over lands and improvements from, property to the city subject to the conditions of a development order requiring such transfer and acceptance by the city of such transfer.
DEGRADATION. Pollution of a representative sample of water that unreasonably reduces the quality of such water. The quality of a representative sample of water is unreasonably reduced when such water is rendered harmful, detrimental or injurious to humans, animal life, vegetation or property, or the public health, safety or welfare, or impairs the usefulness or the public enjoyment of the water for any lawful or reasonable purpose.
DEMOLITION. Any act or process that destroys or razes in whole or in part, or permanently impairs the structural integrity, or allows deterioration by neglect of a building or structure, wherever located, or a building, object, site or structure, including interior spaces, located within an historic district, on public property or on the public right-of-way.
DEMOLITION BUSINESS. A business that demolishes structures, including houses and other buildings, in order to salvage building materials, and that stores those materials before disposing of them.
DENSITY. An objective measurement of the number of people or residential units allowed per unit of land, such as residents or employees per acre.
DENSITY, GROSS. The number of dwelling units divided by the total land area subject to an application for development approval, stated as dwelling units per acre.
DENSITY, MAXIMUM. The maximum number of dwelling units that may be constructed where indicated in this appendix, stated as gross density unless otherwise indicated.
DENSITY, MINIMUM. The minimum number of dwelling units that must be constructed where indicated in this appendix, stated as gross density unless otherwise indicated.
DENSITY, NET. The number of dwelling units divided by the net developable area. The “net developable area” means the land area of the site after deducting unbuildable areas, including road rights-of-way, open space and environmentally sensitive areas, stated as dwelling units per net acre.
DESIGN CONSIDERATION/CRITERIA. Guidelines that are set forth in this section by the Historic and Design Review Commission, or that are subsequently adopted by the city, which preserve the historical, architectural, archaeological or cultural character of an area or of a building, object, site or structure; standards that set forth specific improvement requirements.
DESIGN ENHANCEMENTS. Uniquely crafted and decorative artwork in a variety of media that are an integral part of eligible capital improvement projects, and are produced by professional craftspeople, or craftspeople in collaboration with an architect, landscape architect or professional engineer. Works shall be permanent, functional or non-functional.
DESIGNER. The person or entity responsible for preparing site plans, subdivision plats or building elevations that are part of an application.
DESTINATION RESORT. Lodging accommodations and complementary recreational or entertainment facilities that are comprehensively planned and integrated in order to provide a variety of activities, services and amenities that comprise a visitor attraction in and of themselves.
DETACHED STRUCTURE. A structure having no party wall or common wall with another structure unless it is an accessory structure.
DETENTION. The temporary storage of storm water run-off, which is used to control the peak discharge rates, and which provides gravity settling of pollutants.
DETENTION FACILITY. A facility that provides temporary storage of storm water run-off and controlled release of this run-off.
DETENTION TIME. The amount of time a parcel of water is actually present in a storm water basin. Theoretical detention time for a run-off event is the average time a parcel of water resides in the basin over the period of release from the best management practice.
DEVELOPER. A person responsible for any undertaking that requires a development approval.
DEVELOPMENT. Any human-made change in improved and unimproved real estate, including, but not limited to, buildings or other structures, mining, dredging, filling, grading, paving, diking, berming, excavation, drilling operations or storage of equipment or materials.
DEVELOPMENT AGREEMENT. Agreement between the city and the developer regarding the development and use of the property through which the city agrees to vest development use or intensity, or refrain from interfering with subsequent phases of development through new legislation, in exchange for the provision of public facilities or amenities by the developer in excess of those required under current community regulations.
DEVELOPMENT APPROVAL. Any authorized action by an officer or agency of the city that approves, conditions or denies a development of a parcel, tract, building or structure, including any of the following: master site plan; zoning map amendment; concept plan; conditional zoning; conditional use permit; grading or other permit; certificate of occupancy; subdivision plat; certificate of appropriateness; site plan; sketch plan; landscape plan; tree preservation development approval; variance; appeal; and development plan.
DEVELOPMENT ORDER. The official ordinance, resolution or decision of an officer or agency of the city with respect to the granting, granting with conditions or denial of a development application.
DEVELOPMENT PLAN. A proposal for development approval, including such drawings, documents and other information necessary to illustrate completely the proposed development. Shall specifically include such information as required by this section.
DEVELOPMENT STANDARDS. Standards and technical specifications for improvements to land required for development approval, including specifications for the placement, dimension, composition and capacity of: streets and roadways; sidewalks and pedestrian and bicycle paths; signage for traffic control and other governmental purposes, including street name signs, and other traffic control devices on streets, roadways and pedestrian and bicycle paths; lighting of streets, pedestrian and bicycle paths; water mains and connections, including facilities and connections for the suppression of fires; sanitary sewer facilities, mains and connections; utility lines and poles, conduits and connections; off-street parking and access; landscaping and contouring of land, and other provisions for drainage, sedimentation and erosion control; open space, parks, recreational facilities and playgrounds; public elementary and secondary school sites; and storm drainage culvert facilities, including drains, conduits and ditches.
DIAMETER BREAST HEIGHT. The average cross-sectional measurement of the trunk of an existing tree at four and one-half feet above grade. If the tree is on a slope, it shall be measured from the high side of the slope. Newly planted trees shall be measured six inches above grade.
DIAMETER INCHES. See DIAMETER BREAST HEIGHT.
DISABLED PERSON. A person who has a physical or mental impairment, or both, that substantially limits one or more major life activities, including caring for oneself, performing manual tasks, walking, seeing, hearing, speaking, breathing, learning or working.
DISCONTINUANCE. See ABANDONMENT.
DISCRETIONARY DECISION. Any development approval in which an official or official body of the city exercises legislative, administrative or quasi-judicial authority involving the exercise of discretion and which is subject to a public hearing.
DISTRICT. A geographically definable area, urban or rural, possessing a significant concentration, linkage or continuity of buildings, objects, sites or structures united by past events or aesthetically by plan or physical development, which may also comprise individual elements separated geographically, but thematically linked by association or history.
DRAINAGE SYSTEM. All streets, gutters, inlets, swales, storm sewers, channels, streams or other pathways, either naturally occurring or human-made, which carry and convey storm water during rainfall events.
DRIP LINE. A vertical line of a tree canopy or shrub branch extending from the outermost edge to the ground.
DRIVE-THROUGH USE. An establishment that by design, physical facilities, service or packaging procedures encourages or permits customers to receive services, to obtain goods or to be entertained while remaining in their motor vehicles.
DRIVEWAY. Entrance to and exit from premises where it is possible to park completely off the street, and which is not open for vehicular traffic, except by permission of the owner of such private property.
DRIVEWAY APPROACH. A way or place, including paving and curb returns, between the street travel lanes and private property, which provides vehicular access between the roadway and such private property.
DRIVEWAY, FRONT-LOADED. A driveway that begins at, or abuts, the front property line of a lot or parcel.
DUPLEX. See DWELLING, TWO-FAMILY (DUPLEX).
DWELLING. One or more rooms providing complete living facilities for one family, including kitchen facilities or equipment for cooking or provisions for same, and including a room or multiple rooms for living, sleeping, bathing and eating. Also known as a DWELLING UNIT.
DWELLING, ATTACHED. Two or more dwelling units with common walls between the units.
DWELLING, FOUR-FAMILY (QUADRAPLEX). A detached house with common walls between the units, designed for and occupied exclusively as the residence of not more than four families, each living as an independent housekeeping unit.
DWELLING, MULTI-FAMILY. A dwelling or group of dwellings on one lot containing separate living units for five or more families, but which may have joint services or facilities.
DWELLING, SINGLE-FAMILY. A single structure occupied exclusively by not more than one family.
DWELLING, SINGLE-FAMILY ATTACHED. Two or more dwelling units with common walls between the units.
DWELLING, SINGLE-FAMILY DETACHED. A single-family dwelling that is not attached to any other dwelling by any means and is surrounded by open space or yards.
DWELLING, THREE-FAMILY (TRIPLEX). A detached house designed for and occupied exclusively as the residence of not more than three families, each living as an independent housekeeping unit.
DWELLING, TWO-FAMILY ATTACHED. Any two dwelling units with a common wall between the units, under single ownership, which may be attached by a common wall to the units.
DWELLING, TWO-FAMILY (DUPLEX). A detached house designed for and occupied exclusively as the residence of not more than two families, each living as an independent housekeeping unit.
DWELLING UNIT. See DWELLING.
EARTH CHANGE. Excavating, grading, regrading, landfilling, berming or diking of land.
EASEMENT. Authorization by a property owner for another to use the owner’s property for a specified purpose.
EASEMENT, UTILITY. An easement granted for installing and maintaining utilities across, over or under land, together with the right to enter the land with machinery and other vehicles necessary for the maintenance of utilities.
EASEMENT, VEHICULAR NON-ACCESS. An easement established on a lot for the purpose of prohibiting ingress and egress to vehicular traffic.
ECONOMIC RETURN. A profit or capital appreciation from the use or ownership of a building, object, site or structure that accrues from investment or labor.
EFFECT. A change in the quality of the historical, architectural, archaeological or cultural significance of a resource, or in the characteristics that qualify the resource as historically important.
ELEVATED BUILDING. A non-basement building built, in the case of a building in Federal Emergency Management Agency Zones A 1-30, AE, A, A99, AO, AH, B, C, X and D, to have the top of the elevated floor, or in the case of a building in Zone V 1-30, VE or V, to have the bottom of the lowest horizontal structure member of the elevated floor elevated above the ground level by means of pilings, columns (posts and piers) or shear walls parallel to the flow of the water, and adequately anchored so as not to impair the structural integrity of the building during a flood of up to the magnitude of the base flood. In the case of Zones A 1-30, AE, A, A99, AO, AH, B, C, X and D, ELEVATED BUILDING also includes a building elevated by means of fill or solid foundation perimeter walls with openings sufficient to facilitate the unimpeded movement of flood waters. In the case of Zone V 1-30, VE or V, ELEVATED BUILDING also includes a building otherwise meeting the definition of “elevated building”, even though the lower area is enclosed by means of breakaway walls if the breakaway walls meet the standards of § 60.3(e)(5) of the National Flood Insurance Program regulations.
EMERGENCY, UTILITY-RELATED. A break or leak in an underground utility line or a disruption in a utility service.
EMERGENCY VEHICLE. A vehicle of the police or fire departments or ambulances, and vehicles conveying an airport official or airport employee in response to any emergency call.
EMPLOYMENT AGENCY. An establishment whose business is to find jobs for people seeking them or to find people to fill jobs that are open.
ENCLOSURE RATIO. The ratio of building height to the distance between buildings facing across a street. The distance between buildings shall be measured from the front facade, including any porch, stoop or other area integral to the building.
ENGINEER. See PROFESSIONAL ENGINEER.
ENVIRONMENTAL IMPACT ASSESSMENT. A process to examine the adverse on- and off-site environmental impacts to the ecosystem by a development project.
EQUIPMENT ENCLOSURE. An enclosed structure, cabinet or shelter used to contain equipment necessary for the related purpose, but not primarily to store equipment or to use as a habitable space.
EQUIVALENT DWELLING UNIT. The service unit used that is equal to 750 gallons per day of peak wastewater flow and 300 gallons per day of average wastewater flow. For purposes of applying parks and open space requirements to non-residential uses, EQUIVALENT DWELLING UNITS shall be measured as described in Table 153.0008(A) below.
Principal Building Activity | Square Feet per Employee | Employees per 1,000 Square Feet | Equivalent Dwelling Unit (Square Footage Needed to Equal 1 Residential Dwelling Unit) |
Principal Building Activity | Square Feet per Employee | Employees per 1,000 Square Feet | Equivalent Dwelling Unit (Square Footage Needed to Equal 1 Residential Dwelling Unit) |
Education | 767 | 1.30 | 1,764 |
Food sales | 984 | 1.02 | 2,263 |
Food service | 578 | 1.73 | 1,329 |
Health care | 520 | 1.92 | 1,196 |
Lodging | 1,317 | 0.76 | 3,029 |
Mercantile and service (commercial) | 945 | 1.06 | 2,174 |
Office | 387 | 2.58 | 890 |
Public assembly | 1,317 | 0.76 | 3,029 |
Public order and safety | 746 | 1.34 | 1,716 |
Religious worship | 726 | 1.38 | 1,671 |
Warehouse and storage | 1,730 | 0.58 | 3,979 |
Other | 544 | 1.84 | 1,251 |
NOTES TO TABLE: Source: United States Department of Energy, Energy Information Administration, A Look at Commercial Buildings in 1995: Characteristics, Energy Consumption, and Energy Expenditures (Washington, DC: US DOE, EIA, October 1998). | |||
ESCROW. A deposit of cash with the city or escrow agent to secure the promise to perform some act.
ESTOPPEL. See VESTED RIGHTS.
EVERGREEN. Plants that retain their foliage throughout the year.
EVERGREEN SCREEN. A dense vegetative screen that grows over 20 feet high at maturity and Table 153.0008(A) retains foliage year round; used for purposes of equivalent dwelling units, visual mitigation between zoning districts.
EVERGREEN TREE. A tree that holds green leaves, either broadleaf or needle-shaped, throughout the year.
EXACTION. The requirement for development to dedicate a portion of land or a payment in lieu of land or facilities costs of public facilities as a condition of a development order.
EXISTING STRUCTURE. A structure that is built and completed as of the effective date of this code.
EXPENDITURE. A sum of money paid out in return for some benefit or to fulfill some obligation. Includes binding contractual commitments, whether by development agreement or otherwise, to make future expenditures as well as any other substantial change in position.
EXTERNAL BUFFER. A naturally vegetated area or a vegetated area along the exterior boundaries of an entire development processed in accordance with a multi-phase or phased subdivision application, which is landscaped and maintained as open space in order to eliminate or minimize conflicts between such development and adjacent land uses.
FABRICATION. The manufacturing, excluding the refining or other initial processing of basic raw materials, such as metal ores, lumber or rubber. Relates to assembling, stamping, cutting or otherwise shaping the processed materials into useful objects.
FACADE. The exterior wall of a building exposed to public view or that wall viewed by persons not within the building.
FAIR SHARE. A properly balanced and well-ordered plan to meet the housing needs of the community and the region.
FAMILY. One or more persons occupying a dwelling and living together as a separate housekeeping unit in one or more rooms with complete living facilities, including kitchen facilities or equipment for cooking or provisions for same, and including a room or rooms for living, sleeping, bathing and eating.
FENESTRATION. Window treatment in a building or facade.
FILTRATION BASIN. Secondary treatment structures that follow sedimentation basins and release storm water run-off through a filter media to remove additional pollutants.
FINAL SUBDIVISION PLAT. A map of a subdivision to be recorded after approval by the Planning Commission and any accompanying material as described in these regulations.
FIRST FLUSH. At least the first one-half inch of run-off from a storm event that flushes off and contains a disproportionately large loading of the accumulated pollutants from impervious and non- impervious surfaces.
FISCAL IMPACT ANALYSIS. The process of assessment of land development proposals as to the positive or negative impact they will have on the community’s revenues and expenditures for public improvements, delivery of services and net cash flow.
FLEA MARKET. See OUTDOOR RESALE BUSINESS.
FLEXIBLE ZONING. Zoning that permits uses of land and density of buildings and structures different from those that are allowed as of right within the zoning district in which the land is situated. FLEXIBLE ZONING APPLICATIONS shall include, but not be limited to, all special development approvals and special uses, planning developments, group housing projects, community unit projects and average density or density zoning projects.
FLEX SPACE. A building designed to accommodate a combination of office, wholesale and warehousing functions, the exact proportions of each use being subject to user needs over time. FLEX-SPACE buildings are typically located in business or industrial parks, which usually have a footprint exceeding 10,000 square feet, and which are usually designed with loading docks to the rear and parking in the front. The front facade is often treated with a higher quality of architectural finish than the rear and sides.
FLOOD FRINGE. That portion of the floodplain outside of the floodway.
FLOOD INSURANCE RATE MAP. An official map of a community on which the Federal Emergency Management Agency has delineated both the areas of special flood hazards and the risk premium zones applicable to the community.
FLOOD INSURANCE STUDY. The official report provided by the Federal Emergency Management Agency, which contains flood profiles, water surface elevation or the base flood, as well as the flood boundary map.
FLOOD or FLOODING. A general and temporary condition of partial or complete inundation of normally dry land areas from the overflow of inland or tidal waters or the unusual and rapid accumulation of run-off of surface waters from any source.
FLOODPLAIN. Any land area susceptible to being inundated by water from any source. See AREA OF SPECIAL FLOOD HAZARD, FLOOD, FLOODING and 100-YEAR FLOODPLAIN.
FLOODPLAIN, 100-YEAR. See 100-YEAR FLOODPLAIN.
FLOODWAY. A channel, river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood; the 100-YEAR FLOODPLAIN.
FLOOR AREA. The sum of the gross horizontal areas of all floors of a structure, including interior balconies and mezzanines, measured from the exterior face of exterior walls or from the centerline of a wall separating two structures. Shall include the area of roofed porches having more than one wall and of accessory structures on the same lot. Stairwells and elevator shafts shall be excluded.
FLOOR AREA RATIO. The ratio of the total building floor area in square feet to the total land area in square feet, based upon a 1:0 ratio, constituting a one-story building or structure occupying 100 percent of the underlying land.
FOSTER FAMILY HOME. A child care facility certified or licensed by the state that provides care 24 hours a day for not more than six children.
FOSTER GROUP HOME. A child care facility licensed by the state that provides care 24 hours a day for seven to 12 children.
FRATERNAL ORGANIZATION. A group of people formally organized for a common interest, usually for cultural, religious or entertainment purposes, with regular meetings, rituals and formal written membership requirements.
FRONTAGE. That distance where a property line is common with a street right-of-way line.
FRONTAGE STREET. Any street to be constructed by the developer or any existing street where development shall take place on both sides.
FRONT YARD. An area extending the full width of a lot between the front lot line and the nearest principal structure.
FUEL PUMP. Any device that dispenses liquid or any hydro-carbon fuel. A FUEL PUMP may contain multiple hoses or be capable of serving more than one fueling position simultaneously.
FUNCTIONALLY DEPENDENT USE. A use that cannot perform its intended purpose unless it is located or carried out in close proximity to water. Includes only docking facilities, port facilities that are necessary for the loading and unloading of cargo or passengers and ship building and ship repair facilities. Does not include long-term storage or related manufacturing facilities.
GABION. A wire basket containing primarily stones deposited to provide protection against erosion.
GARAGE, PRIVATE. A building or building appendage that is accessory to a main building, providing for the storage of automobiles and in which no occupation or business for profit is carried on, and enclosed on all four sides and pierced only by windows and customary doors.
GATED COMMUNITY. A residential area in which access to the subdivision streets is restricted by the use of a guard house or electronic arms, and in which residents may gain entry by using electronic cards, identification stickers, codes or remote control devices.
GENERAL PLAN. See COMPREHENSIVE PLAN.
GEOGRAPHIC SEARCH AREA. An area in which the proposed antenna must be located in order to provide the designed coverage or capacity. Must be based on radio frequency engineering considerations, including grids, frequency coordination, propagation analyses and levels of service consistent with accepted engineering standards and practices.
GLARE. The sensation produced by luminance within the visual field that is sufficiently greater than the luminance to which the eyes are adapted to cause annoyance, discomfort or loss in visual performance and visibility.
GLIDE PATH. A ratio equation used for the purposes of limiting the overall height of vertical projections in the vicinity of private airports. The ratio limits each foot of height for a vertical projection based upon a horizontal distance measurement.
GRADE. The slope of a road, street or other public way specified in percentage terms.
GRADING DEVELOPMENT APPROVAL. A development approval required when land disturbance or excavation exceeds ten cubic feet, but less than 100 cubic feet.
GRAVEL PIT. See SAND OR GRAVEL PIT.
GREENSPACE. The land shown on an urban corridor site plan that may be improved or maintained in a natural state and that is reserved for preservation, recreation or landscaping.
GROSS ACREAGE. The total acreage of a development.
GROSS FLOOR AREA. The aggregate floor area of an entire building or structure enclosed by and including the surrounding exterior walls.
GROUND COVER. A prostrate plant growing less than two feet in height at maturity that is used for ornamental purposes, alternatives to grasses and erosion control on slopes.
GROUND WATER. Any water percolating below the surface of the ground.
GROUP DAY CARE HOME. A child care facility that provides care for seven to 12 children under 14 years of age for less than 24 hours a day.
GUYED. A style of antenna supporting structure consisting of a single truss assembly composed of sections with bracing incorporated. The sections are attached to each other, and the assembly is attached to a foundation and supported by a series of guy wires that are connected to anchors placed in the ground or on a building.
HABITABLE STRUCTURE. A structure that has facilities to accommodate people for an overnight stay, including, but not limited to, residential homes, apartments, condominiums, hotels, motels and manufactured homes, and which does not include recreational vehicles.
HABITABLE USE. See INHABITABLE USE.
HALF STORY. An uppermost story usually lighted by dormer windows, in which a sloping roof replaces the upper part of the front wall, and habitable areas on the uppermost story do not exceed a floor area derived by multiplying the floor area of the ground floor by 50%.
HALF-WAY HOUSE. See TRANSITIONAL HOME.
HEAD SHOP. Any retail establishment having a substantial or significant portion of its stock in trade in, or which has as its main purpose the offering for sale of, paraphernalia or items designed or marketed for use with illegal cannabis or drugs.
HEADWAY. The amount of time between transit vehicles, including buses operating on a particular transit route.
HEALTH DEPARTMENT AND HEALTH OFFICER. The agency and person designated by the city to administer the health regulations of the city.
HEIGHT, BUILDING. The vertical dimension measured from the average elevation of the finished lot grade at the front of the building to the highest point of the ceiling of the top story in the case of a flat roof; to the deck line of a mansard roof; and to the average height between the plate and ridge of a gable, hip or gambrel roof.
HEIGHT LIMIT. For purposes of the “AO” (Airport Overlay) District, the elevation in feet above mean sea level, the projection above which a proposed structure or tree is not permitted, except as otherwise provided in this chapter.
HELIPORT. That area used by helicopters or other steep gradient aircraft for take-offs and landings. Such area may include passenger, cargo, maintenance and overhaul facilities, plus fueling service, storage space, tie-down area, hangars and other accessory buildings and open spaces.
HELISTOP. That area used by helicopters or other steep gradient aircraft for the purpose of take-offs and landings. May be used for the pickup or discharge of passengers and cargo, storage space and tie-down, but shall not include maintenance, overhaul or fueling services and facilities.
HERITAGE TREE. A tree, of any species, having a trunk size of 30 inches diameter breast height or larger.
HIGH DENSITY. Those residential zoning districts in which the density is equal to or greater than one dwelling unit per 10,000 square feet.
HIGHEST ADJACENT GRADE. The highest natural elevation of the ground surface, prior to construction, next to the proposed walls of a structure.
HIGHWAY, LIMITED ACCESS. A freeway or expressway providing a trafficway for through traffic where owners or occupants of abutting property on lands and other persons have no legal right to access to or from same, except at such points and in such manner as may be determined by the public authority having jurisdiction over the trafficway.
HISTORIC DISTRICT. An area, urban or rural, defined as an historic district by the city, state or federal authority, and which may contain, within definable geographic boundaries, one or more buildings, objects, sites or structures designated as exceptional or significant historic landmarks or clusters, as defined herein, including their accessory buildings, fences and other appurtenances, and natural resources having historical, architectural, archaeological and cultural significance, and which may have within its boundaries other buildings, objects, sites or structures, which, while not of such historical, architectural, archaeological or cultural significance as to be designated landmarks, nevertheless contribute to the overall visual setting of or characteristics of the landmark or landmarks located within the district.
HISTORIC TREE. A tree that has been officially found by the city to be of a character (e.g., age, size, species or historic association) and/or to have had a role in local, state or federal historical events that warrant its protection.
HOME OCCUPATION. Any activity carried out for gain by a resident conducted as an accessory use in the resident’s dwelling unit.
HOMEOWNERS’ ASSOCIATION. See PROPERTY OWNERS’ ASSOCIATION.
HORIZONTAL ZONE. An area longitudinally centered on the perimeter of a private airport’s runway that extends outward from the edge of the primary surface a distance equivalent to one statute mile.
HORTICULTURIST. A qualified professional who has studied the science or art of cultivating plants especially for ornamental use.
HOSPITAL. An institution providing health services, primarily for inpatients and medical or surgical care of the sick or injured, including as an integral part of the institution such related facilities as laboratories, outpatient departments, training facilities, central service facilities and staff offices.
HOTEL. A building containing rooms intended or designed to be used or that are used, rented or hired out to be occupied or that are occupied for sleeping purposes by guests, and where only a general kitchen and dining room are provided within the building or in an accessory building.
HOUSEHOLD. Any person or persons who reside or intend to reside in the same housing unit.
HOUSING FACILITY FOR OLDER PERSONS. Any apartment that complies with the provisions of 24 C.F.R. §§ 100.304 through 100.307.
HOUSING UNIT. A dwelling unit, as defined in the federal or state statutes.
HUD CODE MANUFACTURED HOME. A structure, constructed on or after 6-15-1976, according to the rules of the United States Department of Housing and Urban Development (HUD), transportable in one or more sections, which, in the traveling mode, is eight body feet or more in width or 40 body feet or more in length, or, when erected on site, is 320 or more square feet, and which is built on a permanent chassis and designed to be used as a dwelling with or without a permanent foundation when connected to the required utilities, and which includes plumbing, heating, air conditioning and electrical systems.
IMPACT ANALYSIS. See FISCAL IMPACT ANALYSIS AND ENVIRONMENTAL IMPACT ASSESSMENT.
IMPACT AREA. The area within which a proposed development is presumed to create a demand for public services and/or facilities and is evaluated for compliance pursuant to Division 15 of this chapter; that area in which the capacity of public facilities will be aggregated and compared to the demand created by existing development, committed development, and the proposed development. The IMPACT AREAS for specific public facilities are defined in Division 15 of this chapter.
IMPACT FEE. A charge or assessment imposed by the city against new development in order to generate revenue for funding the costs of capital improvements or facility expansions necessitated by and attributable to the new development.
IMPERVIOUS COVER. Roads, parking areas, buildings, pools, patios, sheds, driveways, private sidewalks and other impermeable construction covering the natural land surface, including, but not limited to, all streets and pavement within the subdivision. PERCENT IMPERVIOUS COVER is calculated as the area of impervious cover within a lot, tract or parcel or within the total site being developed divided by the total area within the perimeter of such lot, tract, parcel or development. Vegetated water quality basins, vegetated swales, other vegetated conveyances for overland drainage and public sidewalks shall not be calculated as IMPERVIOUS COVER.
IMPROVEMENT. Any one or more of the following that is required by a development order or legislation requiring financing of capital facilities, the need for which is generated by a development project: streets, roadways and bicycle paths; sidewalks and pedestrian paths; signage for traffic control and other governmental purposes, including street name, signs and other traffic-control devices on streets, roadways and pedestrian and bicycle paths; lighting of streets and pedestrian and bicycle paths; water mains and connections, including facilities and connections for the suppression of fires; sanitary sewers and storm drainage sewer mains and connections; utility lines and poles, conduits and connections; off-street parking and access; landscaping and contouring of land and other provisions for drainage, sedimentation and erosion control; open space, parks, recreation facilities and playgrounds; and public elementary and secondary school sites.
IMPROVEMENT GUARANTEE. A security instrument, including, but not limited to, a bond, a letter of credit or other sufficient surety, accepted by the city to ensure that all public and non-public improvements required as a condition of approval of a development project will be completed in compliance with the plans and specifications of the development approved in the development order.
INDIVIDUAL SEWAGE DISPOSAL SYSTEM. A septic tank, seepage tile sewage disposal system or any other approved sewage treatment device.
INFILL DEVELOPMENT. Development designed to occupy scattered or vacant parcels of land that remain after the majority of development has occurred in an area.
INFRASTRUCTURE. Any physical system or facility that provides essential services, such as transportation, utilities, energy, telecommunications, waste disposal, parklands, sports, buildings, housing facilities and the management and use of resources regarding same. Includes drainage systems, irrigation systems, sidewalks, roadways, sewer systems, water systems, driveways, trails, parking lots and other physical systems or facilities as generally described above that may not be specifically enumerated in this definition.
INFRASTRUCTURE EXPENSES. Those expenses that shall include engineering costs, impact fees, platting fees (including the amount of bond, trust agreement, or irrevocable letter of credit posted with the city to assure compliance with platting requirements), as well as necessary development costs actually paid (if such costs actually paid exceed or are necessary, but are not included infrastructure costs covered by the bond, trust agreement or irrevocable letter of credit), including off-site infrastructure costs that are necessary for plat approval of a specific parcel of real property. A property owner or developer shall be allowed to include as INFRASTRUCTURE EXPENSES costs incurred by voluntary compliance with development ordinances, including, by way of example but not limitation, tree survey costs.
INHABITABLE USE. A use that involves the construction or placement of permanent or temporary dwelling units.
INSTITUTION FOR CHILDREN OR THE AGED. An establishment providing residence and care for children or the aged.
INTENSITY. The number of square feet of development per acre by land-use type with respect to non-residential land uses.
INTERMEDIATE CONSTRUCTION PHASE. On land development projects with multiple phases of construction, there may be several INTERMEDIATE CONSTRUCTION PHASES that precede the final construction phase. The final construction phase is completed in the build-out year.
INTERMEDIATE FLOODPLAIN. Any channel, creek, stream, branch or watercourse for surface water drainage that drains an area greater than 320 acres, but less than 640 acres.
INTERMITTENT STREAM. A stream in which surface water is absent during a portion of the year, as shown on the most recent 7.5-minute topographic quadrangle published by the United States Geologic Survey as confirmed by field verification.
INTERSECTION. The area embraced within the prolongation or connection of the lateral curb lines or, if none, then the lateral boundary lines of two or more roadways, including a public street, a private street, a commercial driveway, a residential driveway, a driveway approach or an alley that join one another at, or approximately at, right angles, or the area within which vehicles traveling upon different roadways joining at any other angle may come into conflict.
INTRUSION. A building, object, site or structure that detracts from the historical significance of a district or cluster because of its incompatibility with the sense of time and place and historical development of a district or cluster; because of its incompatibility of scale, materials, texture or color; whose integrity has been irretrievably lost; or whose physical deterioration or damage makes it infeasible to rehabilitate.
INVENTORY. A systematic listing of cultural, historical, architectural or archaeological resources prepared by a city, state or federal government or a recognized local historical authority, following standards set forth by federal, state and city regulations for evaluation of cultural properties.
JUNK. Any worn-out, cast-off or discarded article or material that is ready for destruction or has been collected or stored for salvage or conversion to some use. Does not include any article or material that, unaltered or unchanged and without further reconditioning, can be used for its original purpose as readily as when new.
JUNKYARD. Any premises where junk, articles or materials, including junked, wrecked or inoperable vehicles, that are ready for destruction or that have been collected are stored for salvage or conversion to some use. Also known as SALVAGE YARD.
KENNEL. Any lot or premises on which domestic or wild animals are kept, boarded or raised for sale.
KINDERGARTEN. See NURSERY SCHOOL.
LABORATORY. A building or part of a building devoted to the testing and analysis of any product or animal. No manufacturing is conducted on the premises, except for experimental or testing purposes.
LAND DEVELOPMENT REGULATIONS. All ordinances including zoning, subdivision, official mapping, capital improvements programming, building, housing, safety and environmental codes that relate to land use.
LANDSCAPE ARCHITECT. A landscape architect licensed by the state’s Department of Professional Registration.
LANDSCAPE PLANTING AREA. An area that accommodates the installation of trees, shrubs and ground covering consistent with the standards of Division 12 of this chapter.
LANDSCAPING. The process or product of installing plants for purposes of screening or softening the appearance of a site, including grading, installation of plant materials and seeding of turf or ground cover.
LAND-USE ASSUMPTIONS. A description of changes in projected wastewater demand contained in the land-use assumptions plan.
LAND-USE CATEGORY. A classification of uses as set forth in the use matrix (Table 153.0202(A) of this chapter).
LARGE SHRUB. Any plant, deciduous or evergreen, that is generally multi-stemmed and reaches a height of six feet or more upon maturity.
LARGE TREE. A tree of a species that normally reaches a height of 30 feet or more upon maturity.
LATTICE. A style of antenna supporting structure, not supported by guy wires, which consists of vertical and horizontal supports with multiple legs and cross-bracing and metal-crossed strips or bars to support antennas.
LATTICE ANTENNA STRUCTURE. A steel lattice, self-supporting structure with no guy-wire support, so designed to support fixtures that hold one or more antennas and related equipment for wireless communications transmission.
LEASE. See SALE OR LEASE.
LEED® BUILDING RATING SYSTEM. The document entitled “Green Building Rating System for New Construction & Major Renovations (LEED®-NC) Version 2.2” (October 2005), published by the United States Green Building Council, which document is hereby incorporated by this reference.
LEED® NEIGHBORHOOD RATING SYSTEM. The document entitled “LEED for Neighborhood Developments Rating System - Preliminary Draft” (10-6-2005), published by the United States Green Building Council, which document is hereby incorporated by this reference.
LEVEE. A man-made structure, usually an earthen embankment, designed and constructed in accordance with sound engineering practices, to contain, control or divert the flow of water in order to provide protection from temporary flooding.
LEVEE SYSTEM. A flood protection system that consists of a levee or levees and associated structures, such as closure and drainage devices, which are constructed and operated in accordance with sound engineering practices.
LEVEL OF SERVICE. An indicator of the extent or degree of service provided by, or proposed to be provided by, a facility based upon and related to the operational characteristics of the facility. Indicates the capacity per unit of demand for each public facility, including the cumulative impacts or capacity of a series of development projects taken together to measure the joint and several impacts.
LIGHT RAIL LINE. A public rail transit line that usually operates at grade level and that provides high-capacity, regional-level transit service. Does not include low-capacity, district level or excursion rail transit service, such as a vintage trolley line. Designed to share a street right-of-way, although it may also use a separate right-of-way.
LINK. See STREET LINK.
LINKAGE. A system by which a developer who creates a need for affordable or workforce housing is required to build housing on or off site, or make a payment in lieu of such construction, or dedicate land for construction of such housing by public or non-profit entities.
LIVE-WORK UNIT. A building in which offices, studios or other commercial uses are located on the first floor and a dwelling unit is located above the first floor.
CITY OF GREENVILLE. The city, which is established by state statute or home rule to adopt land development regulations.
CITY ATTORNEY. The licensed attorney designated by the city to furnish legal assistance for the administration, interpretation, enforcement and implementation of these regulations.
CITY ENGINEER. The licensed professional engineer designated by the city to furnish engineering assistance for the administration of these regulations.
LODGE. The place where members of a club or fraternal organization hold their meetings.
LOT. A tract, plot or portion of a subdivision or other parcel of land intended as a unit for the purpose, whether immediate or future, of transfer of ownership or possession, or for building development. See TRACT.
LOT, CORNER. A lot or parcel of land abutting upon two or more streets at their intersection, or upon two parts of the same street forming an interior angle of less than 135 degrees.
LOT DEPTH. The mean horizontal distance between the front and rear lot lines.
LOT IMPROVEMENT. Any building, structure, place, work of art or physical object situated on a lot.
LOT, REVERSED CORNER. A corner lot, the rear of which abuts upon the side of another lot whether across an alley or not.
LOT WIDTH. The width of a lot at the front setback line.
LOW DENSITY. Those residential zoning districts in which the density is equal to or less than one dwelling unit per 40,000 square feet.
LOWEST FLOOR. The lowest floor of the lowest enclosed area (including the basement). An unfinished or flood-resistant enclosure, usable solely for parking of vehicles, building access or storage in an area other than a basement area, is not considered a building’s LOWEST FLOOR; provided that, such enclosure is not built in order to render the structure in violation of the applicable non-elevation design requirement of § 60.3 of the National Flood Insurance Program regulations.
LOW-INCOME HOUSING. A household composed of one or more persons with a combined annual net income for all adult members that does not exceed the qualifying limit for a lower-income family of a size equivalent to the number of persons residing in such household, as set forth in the state statutes.
LUX. The standard unit of illuminance. One LUX is equal to one lumen per square meter.
MAINTENANCE EASEMENT. An easement granted by the owner of a lot adjacent to a zero lot line development, exclusively for the purpose of allowing the occupant of a residence on the lot line access to the adjoining property in order to maintain that portion of his or her dwelling situated on the property line.
MAINTENANCE GUARANTEE. Any security instrument required by a city to ensure that public or non-public improvements will be operated, maintained and repaired for a period of time following construction of the improvement as specified in a development order.
MAJOR ARTERIAL. A street that connects two or more subregions; provides secondary connections outside cities; complements freeway in high-volume corridors, as designated in the city’s Comprehensive Plan.
MAJOR BUS BOARDING LOCATION. The right-of-way of any street link or series of street links in which at least four bus shelters are located within a distance of one mile.
MAJOR FLOODPLAIN. Any channel, creek, stream, branch or watercourse for surface water drainage that drains 640 acres or more.
MAJOR SUBDIVISION. All subdivisions not classified as minor subdivisions, including, but not limited to, subdivisions of four or more lots, or any size subdivision requiring any new street or extension of the city facilities or the creation of any public improvements. Includes the resubdivision amendment or modification of a major subdivision, or series of related minor subdivisions on contiguous land that cumulatively amount to the creation of four or more lots.
MAJOR THOROUGHFARE. Street routes as set forth in the major thoroughfare plan, and as may from time to time be amended, which are devoted to moving large volumes of traffic over long distances.
MAJOR THOROUGHFARE PLAN. The major thoroughfare plan as adopted by the city.
MANUFACTURED HOME. A United States Department of Housing and Urban Development Code (HUD Code) manufactured home. For purposes of the floodplain ordinance, a MANUFACTURED HOME means a structure transportable in one or more sections, which is built on a permanent chassis and is designed for use with or without a permanent foundation when connected to the required utilities. Does not include a “recreational vehicle”. Also known as MANUFACTURED HOUSING.
MANUFACTURED HOME LAND-LEASE COMMUNITY. A parcel in which individual spaces are leased for the purpose of installing, placing or occupying a manufactured home.
MANUFACTURED HOME PARK. A plot or tract of land separated into two or more spaces or lots, which are rented or leased or offered for rent or lease to persons for the installation of manufactured homes for use and occupancy as residences; provided that, the lease or rental agreement is for a term of less than 60 months and contains no purchase option.
MANUFACTURED HOME SITE. A plot of ground within a manufactured home park that is designed for and designated as the location for only one manufactured home and customary accessory uses.
MANUFACTURED HOME STAND. The part of a manufactured home site that has been reserved for the placement of the manufactured home, appurtenant structures or additions.
MANUFACTURED HOUSING. See MANUFACTURED HOME.
MANUFACTURING. Operations required in the mechanical, biological or chemical transformation of materials or substances into new products, including the assembling of component parts; the manufacture of products; and the blending of materials, such as lubricating oils, plastics, resins or liquors. Covers all mechanical, biological or chemical transformations, whether the new product is finished or semifinished as raw materials in some other process.
MARGINAL ACCESS. The type of street used to provide direct access to abutting properties and protection from through traffic.
MASS. The size, height, symmetry and overall proportion of a structure in relation to the original style and/or to surrounding structures.
MASS TRANSIT. The transportation of passengers and hand-carried packages or baggage of a passenger by a surface, overhead or underground means of transportation, or a combination of those means, including motorbus, trolley coach, rail and suspended overhead rail transportation. Does not include taxicab transportation.
MEAN SEA LEVEL. For purposes of the National Flood Insurance Program, the National Geodetic Vertical Datum of 1929 or other datum to which base flood elevations shown on a community’s Flood Insurance Rate Map are referenced.
MEDIUM DENSITY. Those residential zoning districts in which the density is between 10,000 and 40,000 square feet per dwelling unit.
MEDIUM TREE. A tree of a species that normally reaches a height exceeding 15 feet, but less than 30 feet upon maturity.
MEMBERSHIP ORGANIZATION. An organization operating on a membership basis with preestablished formal membership requirements and with the intent to promote the interests of its members. Includes trade associations, professional organizations, unions and similar political and religious organizations.
MENTAL IMPAIRMENT. See PHYSICAL OR MENTAL IMPAIRMENT.
MINISTERIAL DECISION. A decision on a development approval application rendered by an administrative official that does not require legislative, administrative or quasi-judicial discretion and is not subject to a public hearing.
MINIWAREHOUSE. A storage enterprise dealing with the reception of goods of residential or commercial orientation that lie dormant over extended periods of time. Separate storage units are rented to individual customers who are entitled to exclusive and independent access to their respective units.
MINOR FLOODPLAIN. Any channel, creek, stream, branch or watercourse for surface water drainage that drains an area greater than 100 acres, but less than 320 acres.
MINOR SUBDIVISION. Any subdivision containing not more than three lots fronting on an existing street, not including any new street, the extension of municipal facilities or the creation of public improvements, and not adversely affecting the remainder of the Comprehensive Plan, official map or zoning regulations. A series of related minor subdivisions on contiguous land cumulatively totaling four or more lots shall be construed to create a major subdivision.
MITIGATION. A system by which a developer causing some adverse agricultural, environmental or fiscal impact is required to counterbalance that impact by creating an equivalent benefit through dedication, payments, offsets and alternative construction of self-imposed restrictions.
MITIGATION TREE. A tree used for the purpose of mitigating the destruction or removal of a protected or heritage tree pursuant to the requirements of Division 12 of this chapter. Must have a trunk size of at least two and one-half inches, measured at six inches above grade for single-trunk species trees or one and one-half inches measured at six inches above grade for multi-trunk species trees. In the case of multi-trunked species trees, a tree will be qualified as a MITIGATION TREE based on the measured diameter of the largest of the existing trunks at six inches together with one-half of the measured diameter of the remaining trunks at the same height.
MIXED-USE BUILDING. A building that contains two or more of the following major use types: residential, office or retail.
MOBILE HOME. A manufactured home that does not conform to the United States Department of Housing and Urban Development Code (HUD Code) or the local Building Code.
MODEL HOME. A dwelling unit used initially for display purposes, which typifies the type of units that will be constructed in the subdivision and which will not be permanently occupied during its use as a model.
MOLDING. Any linear plane that deviates from a flat surface. On buildings, molding consists of strips of wood used to conceal joints and to provide a decorative finished appearance. No portion of a control joint shall be considered a MOLDING.
MONEY IN LIEU OF LAND. Payment of money into a municipally earmarked fund to provide for acquisition of facilities off site in place of dedicating land or providing such facility on site.
MONOPOLE. A style of free-standing, antenna supporting structure, which is composed of a single shaft that is attached to a foundation. This type of antenna supporting structure is designed to support itself without the use of guy wires or other stabilization devices, and is mounted to a foundation that rests on or in the ground or on a building’s roof.
MONOPOLE ANTENNA STRUCTURE. A self-supporting, pole-type structure with no guy-wire support, tapering from base to top, and so designed to support fixtures that hold one or more antennas and related equipment for wireless telecommunications transmission.
MOTEL. A building or group of detached, semi-detached, or attached buildings on a lot containing guest dwellings, each of which has a separate outside entrance leading directly to rooms, with a garage or parking space conveniently located with each unit, and which is designed, used or intended to be used primarily for the accommodation of automobile transients. MOTELS may include bed and breakfast inns or boarding houses if they meet the above-defined criteria.
MULCH. Non-living organic and inorganic materials customarily used in landscape design to retard erosion, retain moisture, maintain even soil temperature, control weeds and enrich the soil.
MULTIPLE RESOURCE HISTORIC DISTRICT. An area defined by the city, state or federal authority within a defined geographical area that identifies specific cultural resources having historic, architectural, cultural or archaeological significance.
MULTI-TRUNK TREE. A tree having two or more main trunks arising from the root collar or main trunk. National Historic Preservation Act, 16 U.S.C. § 470.
NATURAL STATE. The topography that exists at the time information is gathered for Flood Insurance Rate Maps or any subsequent approved revisions to those maps.
NEIGHBORHOOD PARK AND RECREATION IMPROVEMENT FUND. A special fund established by the city to retain monies contributed by developers in accordance with the “money-in-lieu-of-land” provisions of these regulations.
NEIGHBORHOOD UNIT. An area that includes residences, businesses, parks, schools and other community facilities. Populations may range from 4,000 to 10,000, depending on the geographic area and boundaries, and which usually contains at least 1,500 housing units.
NET ACREAGE. The gross acreage of a development site excluding those portions of a development dedicated to public use, such as street rights-of-way, drainage and open space.
NEW DEVELOPMENT. Any new demand that increases the number of equivalent dwelling units, including, but not limited to, the subdivision and/or resubdivision of land; the construction, reconstruction, redevelopment, conversion, structural alteration, relocation or enlargement of any structure; or any use or extension of the use of land, any of which increases the number of equivalent dwelling units.
NODE. The terminus or intersection of two or more streets, including the head or bulb of a cul-de-sac.
NON-CONFORMING LOT, PARCEL OR USE. A lot or parcel (subdivided or unsubdivded) that was lawfully established or commenced prior to the adoption or amendment of the city’s land development regulations and that fails to meet the current requirements for area, height, yards, setback or use generally applicable in the district because of a change in the applicable zoning district regulations, annexation, condemnation of a portion of the lot or other governmental action.
NON-CONFORMING SIGN. A sign that was lawfully constructed or installed prior to the adoption or amendment of the city’s land development regulations, which was in compliance with any land development regulations then in effect, but which does not presently comply with the land development regulations.
NON-CONFORMING SITE. A lot, parcel or development site that was lawfully established but that does not comply with the area, height, yards, setback or other bulk standards of this chapter.
NON-CONFORMING STRUCTURE. A building or structure that was lawfully erected prior to the adoption or amendment of the city’s land development regulations, but that no longer complies with all the regulations applicable to the zoning district in which the structure is located.
NON-CONFORMITY. Any non-conforming use, sign, lot, parcel, building, site or structure.
NON-CONTRIBUTING. A building, object, site or structure that neither adds to, nor detracts from, a sense of time and place or historical development of a district or cluster.
NON-LIVING MATERIALS. Plant materials used for landscaping, such as river rock, stone, bark and similar materials.
NON-PUBLIC IMPROVEMENT. Any improvement for which the owner of the property, a homeowners’ association or some other non-governmental entity is presently responsible and which the city will not be assuming the responsibility for maintenance or operation.
NON-RESIDENTIAL SUBDIVISION. A subdivision whose intended use is other than residential, such as commercial or industrial.
NOTICE OF NON-COMPLIANCE. A notice issued by the administrative assistant to the Planning Commission informing the applicant for approval of a major subdivision that the sketch plat is not in compliance with these regulations and that the applicant may not apply for preliminary plat approval.
NURSERY. Land or greenhouses used to raise flowers, shrubs, trees, grass and other plants for sale.
NURSERY SCHOOL. A child care facility offering a program for children between two and seven years of age for four hours or less per day.
OBJECT. A material thing of functional, aesthetic, cultural, historical, archaeological or scientific value that may be, by nature or design, movable yet related to a specific setting or environment.
OBSTRUCTION. Any structure, growth or other object, including a mobile object, that exceeds a limiting height established by federal regulations or by the airport zoning regulations.
OCCUPANCY. The presumed level of build-out as estimated by the property owner of the proposed development at the later of five years or build-out.
OFFICE. A building used primarily for conducting the affairs of a business, profession, service, industry, government or like activity, which may include ancillary services for office workers, such as a restaurant, coffee shop or newspaper or candy stand.
OFFICIAL MAP. A map established by law showing the streets, highways, parks, drainage systems and setback lines laid out, adopted and established by law. The OFFICIAL MAP shall be amended from time to time to show any amendments or additions resulting from the recording and filing of approved subdivision plats.
OFFICIAL ZONING MAP. The map of all zoning districts, including, but not limited to, Overlay and “PD” (Planned Development) Districts, that is on file with the City Clerk/Finance Director and the Code Enforcement Officer’s office.
OFFSET. The amount of the reduction of an impact fee designed to fairly reflect the value of area-related facilities or other oversized facilities pursuant to rules or administrative guidelines provided in the city’s fee schedule.
OFF SITE. Any premises not located within the area of the property subject to development approval, whether or not in the common ownership of the applicant.
OFF-SITE FACILITY. Any structure, facility, equipment or installation, the purpose and function of which is to receive wastewater from a development’s internal collection system and to transport, treat and ultimately discharge that wastewater to a receiving stream at a permanent location determined by the Board.
OFF-SITE MAINS. Sewer or water mains totally outside of a subdivision.
100-YEAR FLOODPLAIN. The land in the floodplain within a community subject to a 1% or greater chance of flooding in any given year, and the area designated as a Federal Emergency Management Agency Zone A, AE, AH or AO on the Flood Insurance Rate Maps. See AREA OF SPECIAL FLOOD HAZARD, FLOOD, FLOODING and FLOODPLAIN.
100-YEAR FREQUENCY FLOOD. See BASE FLOOD.
100-YEAR FREQUENCY RAINSTORM. The rainstorm having an average statistical frequency of occurrence in the order of once in 100 years, although the rainstorm may actually occur in any year.
ON SITE. Development, construction, installation of infrastructure or any other activity that occurs on the site that is the subject of an application.
ON-SITE FACILITY. Any structure, facility, equipment or installation that collects and transports wastewater generated from within a development to the off-site system at a designated point.
ON-SITE MAINS. Sewer or water mains totally within a subdivision, including mains lying along one or more sides of a subdivision that serve such subdivision exclusively.
OPAQUE. Incapable of transmitting light.
OPEN SPACE. An area that is intended to provide light and air, and is designed, depending upon the particular situation, for environmental, scenic or recreational purposes. May include, but need not be limited to, lawns, decorative plantings, bikeways, walkways, outdoor recreation areas, wooded areas, greenways and watercourses. The computation of open space shall not include driveways, parking lots or other surfaces designed or intended for motorized vehicular traffic, or to buildings. The term OPEN SPACE also includes any land, water or submerged land that is provided for, preserved for or used for park or recreational purposes; conservation of land or other natural resources; cultural, historic or scenic purposes; assisting in the shaping of the character, direction and timing of community development; or wetlands.
ORDER. See DEVELOPMENT APPROVAL.
ORDINANCE. Any legislative action, however denominated, of the city that has the force of law, including any amendment or repeal of any ordinance.
ORDINARY REPAIR AND MAINTENANCE. Any work, the purpose and effect of which is to correct any deterioration or decay of or damage to a building, object or structure, and to restore it as nearly as practicable to its condition prior to the deterioration, decay or damage.
OUTDOOR RESALE BUSINESS. A business that sells used merchandise, other than automobiles, logging equipment or other agricultural equipment, and stores or displays the merchandise outdoors.
OUTDOOR STORAGE. The keeping, in an unroofed area, of any goods, junk, material or merchandise in the same place for more than 24 hours.
OVERALL HEIGHT. The height of a wireless communications facility, which includes all antennas and other ancillary appurtenances.
OVERLAND FLOW. Storm water run-off that is not confined by any natural or human-made channel, such as a creek, drainage ditch or storm sewer. Involves the movement of run-off in a thin layer (usually less than one inch in depth) over a wide surface, which begins when water ponded on the surface of the land becomes deep enough to overcome surface retention forces. Also known as SHEET FLOW.
OVERLAY ZONING DISTRICT. A district that is superimposed over one or more zoning districts or parts of districts and that imposes specified requirements in addition to those applicable in the underlying base zoning district.
OVERSIZED VEHICLE. A motor vehicle, trailer, or boat that by itself, or together with other structure or structures or vehicle or vehicles attached to it, exceeds 24 feet in length, eight feet in width or eight feet in height, exclusive of appurtenances, such as antennas, air conditioners, luggage racks and mirrors.
OWNED UNIT. A designated unit that is a condominium, stock cooperative, timeshare or other legal or equitable instrumentality that creates a legal or equitable title in the property.
OWNER. The record owners of the fee or a vendee in possession, including any person, group of persons, firm or firms, corporation or corporations, or any other legal entity having legal title to or sufficient proprietary interest in the land sought to be subdivided under the definition of same ownership.
PARK. Land and facilities, such as playgrounds, fountains or swimming pools, used or to be used as a park, as defined in §§ 153.1015 through 153.1023 of this chapter, regardless of location, including the acquisition of such land, the construction of improvements, provision of pedestrian and vehicular access and purchase of equipment for the facility.
PARKING LOT. An off-street, ground-level open area for the temporary storage of motor vehicles. Does not include an area used exclusively for the display of motor vehicles for sale as part of an automobile dealership.
PARKING LOT PLANTINGS. Plantings that shade and improve the appearance of large areas of pavement that are located within planting areas adjacent to parking areas.
PARKING STRUCTURE, COMMERCIAL. An area or structure area used exclusively for the temporary storage of motor vehicles.
PARKWAY. The area located within a public right-of-way between the outer curb line and the adjacent property line.
PARKWAY TREE. A tree ten inches or larger, which is located within the parkway and which may be used for meeting tree preservation requirements and landscape requirements, but is not required to be counted in calculating the minimum tree preservation percentage.
PAROLEE. A convicted felon who has been approved for parole, but who is to be housed in a short-term “transitional home” prior to entering society with the privileges and conditions of a parolee.
PATTERN BOOK. A visual presentation of the architectural styles of buildings, including the height of cornice lines, roof profiles, finish materials, windows and ornamentation.
PAVEMENT SECTION. The portion of a municipal street that is improved, designed or ordinarily used for vehicular travel. Does not include a curb, berm or shoulder. Where curbs are laid, the portion between the face of curbs.
PAWNSHOP. A business that lends money on the security of pledged goods. May also purchase merchandise for resale from dealers and traders.
PEAK-HOUR TRIPS. The number of traffic units generated by and attracted to the proposed
development during its heaviest hour of use, dependent on type of use.
PEAK SHAVING. Controlling post-development peak discharge rates to pre-development levels by providing temporary detention in a best management practice.
PERENNIAL STREAM. A stream that contains surface water throughout an average rainfall year, as shown on the most recent 7.5-minute topographic quadrangle published by the United States Geologic Survey, as confirmed by field verification.
PERENNIAL WATER BODY. A lake, pond or other water body (other than a stream) that contains surface water throughout an average rainfall year, as shown on the most recent 7.5-minute topographic quadrangle published by the United States Geologic Survey, as confirmed by field verification.
PERFORMANCE STANDARDS. Regulation of development based on open space ratio, impervious surface ratio, density and floor area ratio.
PERIMETER STREET. A street adjoining the exterior boundaries of a subdivision plat or site plan.
PERMANENT FOUNDATION. A system of supports for a structure that supports its maximum design load, is constructed of concrete or masonry materials, and is placed at a sufficient depth below grade adequate to prevent frost damage.
PERMANENT RESIDENCE. The residential address inhabited and maintained by the property owner, which is also listed with the United States Postal Service and with the state as the property owner’s official residence.
PERMEABILITY. The capacity of a material to transmit a liquid, which is expressed in terms of hydraulic conductivity of water in centimeters-per-second units of measurement.
PERMIT. See DEVELOPMENT APPROVAL.
PERSON. Any natural person, corporation, partnership, joint venture, association (including homeowners’ or neighborhood associations), trust or any other entity recognized by law.
PERSONAL SERVICES. Establishments primarily engaged in providing services involving the care of a person or his or her apparel, such as laundry cleaning and garment services, garment pressing, linen supply, diaper service, coin-operated laundries, dry cleaning plants, carpet and upholstery cleaning, photographic studios, beauty shops, barber shops, shoe repair, hat cleaning, funeral services, reducing salons and health clubs, and clothing rental.
PERSONAL WIRELESS SERVICE. Commercial mobile services (including cellular, personal communication services, specialized mobile radio, enhanced specialized mobile radio and paging), unlicensed wireless services, and common carrier wireless exchange access services, as defined in the Telecommunications Act of 1996, being 47 U.S.C. §§ 151 et seq.
PERVIOUS PAVEMENT. A pavement system with traditional strength characteristics, but which allows rainfall to percolate through it rather than running off. A PERVIOUS PAVEMENT SYSTEM uses either porous asphalt, pervious concrete or plastic pavers interlaid in a running bond pattern and either pinned or interlocked in place. Porous asphalt consists of an open graded course aggregate held together by asphalt with sufficient interconnected voids to provide a high rate of permeability. PERVIOUS CONCRETE is a discontinuous mixture of portland cement, coarse aggregate, admixtures and water that allows for passage of run-off and air. Examples of permeable pavement systems include Grasspave2®, Gravelpave2®, Turfstone® and UNI Eco-stone®.
PHASED CONSTRUCTION PROJECT. Any land development project that is developed in greater than a single phase and that is identified by the issuance of development approvals.
PHASED SUBDIVISION APPLICATION. An application for subdivision approval submitted pursuant to a preliminary plat, or at the option of the subdivider, pursuant to a specific plan in which the applicant proposes to immediately subdivide the property, but will develop in one or more individual phase or phases over a period of time. May include an application for approval of, or conversion to, horizontal or vertical condominiums, non-residential development projects, planned developments, mixed-use projects and residential developments.
PHYSICAL OR MENTAL IMPAIRMENT. Orthopedic, visual, speech or hearing impairments; Alzheimer’s disease; presterile dementia; cerebral palsy; epilepsy; muscular dystrophy; multiple sclerosis; cancer; heart disease; diabetes; mental retardation; autism; or emotional illness.
PIPELINE DEVELOPMENT. A project that has received final development approval, but construction has not commenced on the project.
PITCH. The slope of a roof as determined by the vertical rise in inches for every horizontal 12-inch length (called the “run”). Expressed with the rise mentioned first and the run mentioned second (e.g., a roof with a 4-inch rise for every horizontal foot has a 4:12 pitch).
PLANNED CAPITAL IMPROVEMENT. A capital improvement that does not presently exist, but which is included within the capital improvements program, and is funded, constructed or otherwise made available within the time period prescribed by Division 15 of this chapter.
PLANNED DEVELOPMENT. A development constructed on a tract of minimum size under single ownership planned and developed as an integral unit and consisting of a combination of residential and/or non-residential uses on the land.
PLANNING COMMISSION. The City of Greenville’s Planning Commission established in accordance with law.
CODE ENFORCEMENT OFFICER. The Director of the Department of Planning or appointed designee, including the Building Official or Building Inspector where appropriate.
PLAT. A complete and exact map representing a tract of land, showing the boundaries and location of individual lots, easements and streets, which has been approved by the Planning Commission and recorded in the office of the County Clerk. Includes a REPLAT.
POLICE POWER. Inherent, delegated or authorized legislative power for purposes of regulation to secure health, safety and general welfare.
POLLUTANTS. Any element, chemical, compound, organism or material that alters the chemical, physical, biological and/ or radiological integrity of air or water.
POLLUTION. The alteration of the physical, thermal, chemical or biological quality of, or the contamination of, any air or water.
PORCH. A roofed area, which may be glazed or screened, attached to or part of and with direct access to or from a structure, and usually located on the front or side of the structure.
PRELIMINARY PLAT. The preliminary drawing or drawings, described in these regulations, indicating the proposed manner or layout of the subdivision to be submitted to the Planning Commission for approval.
PRIMARY ARTERIAL. A road intended to move through traffic to and from major attractors, such as central business districts, regional shopping centers, colleges and/or universities, military installations, major industrial areas and similar traffic generators within the governmental unit; and/or as a route for traffic between communities or large areas and/or that carries high volumes of traffic.
PRIMARY SURFACE. The area extending a distance of 50 feet to both sides of the centerline of a private airport’s runway, and running the distance of the runway.
PRINCIPAL ARTERIAL. See MAJOR ARTERIAL.
PRINCIPAL BUILDING. A building or structure or, where the context so indicates, a group of buildings or structures, in which the principal use of a lot or parcel is conducted. This includes any buildings that are attached to the principal structure by a covered structure. Also known as PRINCIPAL STRUCTURE.
PRINCIPAL DWELLING. A dwelling unit that constitutes the principal building or principal structure on a lot or parcel.
PRINCIPAL STRUCTURE. See PRINCIPAL BUILDING.
PRINCIPAL USE. The primary or main use of land or structures, as distinguished from a secondary or accessory use.
PRIVATE CLUB. See CLUB.
PROCESS. The act of reviewing and providing a decision on an application. This includes providing notice to the applicant and interested parties, conducting a hearing, making recommendations and rendering a decision.
PROCESSING AND WAREHOUSING. The storage of materials in a warehouse or terminal and where such materials may be combined, broken down or aggregated for transshipment or storage purposes where the original material is not chemically or physically changed.
PROFESSIONAL ENGINEER. An engineer licensed by the state’s Office of Professional Registration.
PROJECTED TRAFFIC. The traffic that is projected to exist on an existing or proposed street exclusive of site-generated traffic.
PROPERTY OWNER. The person, entity, corporation or partnership in whose name a certificate of occupancy is issued; the current owner of the property if a certificate of occupancy is no longer valid; or, if the current owner cannot be contacted after due diligence, the lessee/occupant of the property who is in apparent control of such property.
PROPERTY OWNERS’ ASSOCIATION. An association or organization, whether or not incorporated, which operates under and pursuant to recorded covenants or deed restrictions, through which each owner of a portion of a subdivision - whether a lot, parcel site, unit plot, condominium or any other interest - is automatically a member as a condition of ownership, and each such member is subject to a charge or assessment for a prorated share of expense of the association, which may become a lien against the lot, parcel, unit, condominium or other interest of the member.
PROPORTIONATE SHARE. Bearing a reasonable relationship to the burden imposed by a development project upon the city to provide additional public services to a development; calculated using the same methodology used to determine an impact fee for such services, if any.
PROPOSED DEVELOPMENT. The uses, structures and buildings contained in the application for development approval.
PROTECTED TREE. A tree designated as a protected tree pursuant to § 153.1207 of this chapter.
PROVIDER. A business, corporation, partnership or other entity licensed by the Federal Communications Commission to provide wireless services in the city.
PUBLIC ART. Unique artwork in a variety of media that may be an integral part of eligible capital improvements projects, and produced by a professional artist, or an artist in collaboration with an architect, landscape architect or professional engineer. Works may be permanent or temporary and functional or non-functional.
PUBLIC FACILITIES PROJECT. Any and all public improvements, including, but not limited to:
(a) Water mains, pipes, conduits, tunnels, hydrants and other necessary works and appliances for providing water service;
(b) Lines, conduits and other necessary works and appliances for providing electric power service;
(c) Mains, pipes and other necessary works and appliances for providing gas service;
(d) Poles, posts, wires, pipes, conduits, lamps and other necessary works and appliances for lighting purposes;
(e) Pedestrian facilities, such as sidewalks, bikeways, crosswalks, steps, safety zones, platforms, seats, statuary, fountains, culverts and bridges;
(f) Parks and parkways, recreation areas (including all structures, buildings and other facilities necessary to make parks and parkways and recreation areas useful for the purposes for which they were intended);
(g) Sanitary sewers or instrumentalities of sanitation, together with the necessary outlets, cesspools, manholes, catch basins, flush tanks, septic tanks, disposal plants, connecting sewers, ditches, drains, conduits, tunnels, channels or other appurtenances;
(h) Drains, tunnels, sewers, conduits, culverts and channels for drainage purposes, with necessary outlets, cesspools, manholes, catch basins, flush tanks, septic tanks, disposal plants, connecting sewers, ditches, drains, conduits, channels and appurtenances;
(i) Stations, trucks, pumps, pipes, hydrants and appliances for fire protection;
(j) Breakwaters, levees, bulkheads, groins and walls of rock, or other material to protect the streets, places, public ways and other property from overflow by water, or to prevent beach erosion or to promote accretion to beaches;
(k) Works, systems or facilities for the transportation of people, including rolling stock and other appurtenant equipment such as traffic signs, signals, lights and lighting;
(l) Temporary and permanent school buildings;
(m) Police stations;
(n) Public works maintenance facilities; and
(o) All other work auxiliary to any of the above that may be required to carry out that work, including, but not limited to, administrative, engineering, architectural and legal work performed in connection with establishing, implementing and monitoring public facilities projects; and acquisition of any and all property, easements and rights-of-way that may be required to carry out the purposes of the project.
PUBLIC FACILITY SERVICE AREA. Any area to which public facilities are extended or constructed and that obtain a benefit from the facilities.
PUBLIC HEARING. A proceeding preceded by published notice and actual notice to certain persons and at which certain persons, including the applicant, may call witnesses and introduce evidence. In a quasi-judicial hearing, witnesses are sworn and are subject to cross-examination.
PUBLIC IMPROVEMENT. Any drainage ditch, roadway, parkway, bikeway, park, school site, drainageway, easement, open space, natural resource, sidewalk, pedestrian way, off-street parking area, lot improvement or other facility or land for which the city may ultimately assume responsibility for maintenance and operation, or which may effect an improvement for which the city’s responsibility is established.
PUBLIC MEETING. A meeting of the City Planning Commission, the Board of Adjustment or other administrative agency, preceded by notice, open to the public and, at which, the public may, at the discretion of the body holding the public meeting, be heard.
PUBLIC PROPERTY. Property that is owned by the city or any agency of the state or federal government.
PUBLIC RIGHT-OF-WAY. A strip of land acquired by reservation, dedication, forced dedication, prescription or condemnation, and used or intended to be used, wholly or in part, as a public street, alley, walkway, drain or public utility line.
PUBLIC WORKS OFFICIAL. The official designated by the city to manage the Department of Public Works or his or her designee.
QUADRAPLEX. See DWELLING, FOUR-FAMILY (QUADRAPLEX).
QUARRY. A tract of land used primarily for the extraction of limestone or other similar materials for processing, sale or use for any purpose. Does not include exploration, excavation or extraction of oil or natural gas, or excavation or grading necessary for the development of a lot or tract.
RADIO FREQUENCY EMISSIONS. Any electromagnetic radiation or other communications signal emitted from an antenna or antenna-related equipment on the ground, antenna supporting structure, building or other vertical projection.
REAR YARD. An area extending the full width of a lot between the rear lot line and the nearest principal structure.
RECONSTRUCTION. The act or process of reassembling, reproducing or replacing by new construction the form, detail and appearance of property and its setting as it appeared at a particular period of time by means of the removal of later work, by the replacement of missing earlier work or by the reuse of original materials.
RECREATIONAL VEHICLE. A vehicle that is built on a single chassis; 400 square feet or less when measured at the largest horizontal projections; designed to be self-propelled or permanently towable by a light duty truck; and designed primarily not for use as a permanent dwelling, but as temporary living quarters for recreational, camping, travel or seasonal use.
RECREATION FACILITY, NEIGHBORHOOD. Those recreational facilities operated on a non-profit basis to include a swimming pool, wading pool, tennis courts, badminton courts, play areas and clubhouse, all to be used exclusively by and for the benefit of dwelling owners, tenants and their guests in certain defined adjoining areas.
RECYCLING BUSINESS. A business that is:
(a) Primarily engaged in converting ferrous or non-ferrous metals or other materials into raw material products having prepared grades and having an existing or potential economic value;
(b) Using raw material products of that kind in the production of new products; or
(c) Obtaining or storing ferrous or non-ferrous metals or other materials for a purpose described by subsections (1) or (2) above.
REGIONAL STORM WATER IMPROVEMENTS. Regional detention and retention ponds, watershed protection, land purchase, waterway enlargement, channelization and improved conveyance structures.
REGISTERED ENGINEER. A professional engineer properly licensed and registered in the state.
REGISTERED FAMILY HOME. A child care facility that regularly provides care in the caretaker’s own residence for not more than six children under 14 years of age, excluding the caretaker’s own children, and that provides care after school hours for not more than six additional elementary school children, but where the total number of children, including the caretaker’s own, does not exceed 12 children at any given time.
REGISTERED LAND SURVEYOR. A land surveyor properly licensed and registered in the state.
REGULATORY FLOOD. A flood having a 1% chance of being equaled or exceeded in any given year.
REGULATORY FLOODPLAIN. The land within the community subject to flooding during a 100-year frequency storm event, assuming that ultimate development has occurred throughout the watershed. The REGULATORY 100-YEAR FLOODPLAIN is limited to the reach of the stream that is designated as an area of special flood hazard on the Flood Insurance Rate Maps.
REHAB CENTER. See TRANSITIONAL HOME.
REHABILITATION. The act or process of returning a building, object, site or structure to a state of utility through repair, remodeling or alteration, which makes possible an efficient contemporary use while preserving those portions or features of the building, object, site or structure that are significant to its historical, architectural and cultural values.
RELOCATION. Any change of the location of a building, object or structure in its present setting or to another setting.
RENTAL UNIT. A designated unit that is not a condominium, stock cooperative or community apartment.
REPETITIVE LOSS. Flood-related damages sustained by a structure on two separate occasions during a ten-year period for which the cost of repairs at the time of each such flood event, on the average, equals or exceeds 25% of the market value of the structure before the damage occurred.
RESERVATION. The designation of a portion of a property for a proposed right-of-way without dedication of the right-of-way to the agency providing the facility. Also called RESERVE.
RESERVE. See RESERVATION.
RESIDENTIAL DEVELOPMENT. All areas devoted primarily to residential use.
RESIDENTIAL DISTRICT or RESIDENTIAL ZONING DISTRICT. Any of the following zoning districts:
(a) “RP” (Resource Protection);
(b) “NS” (Neighborhood Suburban); and
(c) “NU” (Neighborhood Urban).
RESIDENTIAL DRIVEWAY APPROACH. A driveway that provides access to property on which a single-family residence, duplex or multi-family building containing five or fewer dwelling units is located.
RESIDENTIAL PROPERTY. A building, site or structure whose use after rehabilitation or restoration (for ad valorem tax exemption) will be for residential uses (i.e., for a single-family, duplex, three- or four-family dwelling).
RESIDENTIAL STREETS. Street routes that provide access to local property owners and that connect property to the major thoroughfare or other collector street networks.
RESIDENTIAL STRUCTURE. A single-family home, an apartment house, a townhouse, a condominium or any type of dwelling unit.
RESOURCE. A source or collection of buildings, objects, sites, structures or areas that exemplify the cultural, social, economic, political, archaeological or architectural history of the nation, state or city.
RESTORATION. The act or process of accurately recovering the form and details of a building, object, site or structure and its setting as it appeared at a particular period of time by means of the removal of later work or by the replacement of missing earlier work.
RESTRICTED PARKING AREA. The area within the front yard of a lot within which the parking of oversized vehicles is regulated. Extends to a depth of 15 feet from the street curb or, if there is no curb, from the edge of the roadway whether paved or unpaved.
RESTRICTIVE COVENANT. A covenant creating restrictions applicable to development within a subdivision.
RESUBDIVISION. Any change in a finally approved or recorded subdivision plat that affects any condition of the development order, any street layout on the map, any area that is reserved for public use, or any lot line. Any plat, map, or plan legally recorded prior to the adoption of any regulations controlling subdivisions shall not be valid and no development approval shall be issued on such map, plat or plan until same has been approved through the resubdivision process.
RETAIL TRADE. Establishments engaged in selling goods or merchandise to the general public for personal or household consumption and rendering services incidental to the sale of such goods. Characteristics of retail trade establishments include the following: the establishment is usually a place of business and is engaged in activity to attract the general public to buy; the establishment buys and receives as well as sells merchandise; the establishment may process some of the products, but such processing is incidental or subordinate to the selling activities; and retail establishments sell to customers for their own personal or household use.
RETAIL USE. Any use engaged in retail trade, including any use listed under the category “Commercial Buildings” in the use matrix (Table 153.0202(A) of this chapter).
REVERSE CURVE. A segment of a street at which two horizontal curves reverse direction.
REVIEWING AGENCY. Any agency of the city charged with the authority to render a decision approving, denying, or approving with conditions an application.
REZONING. The redesignation of an area, lot or parcel from one zoning district to another.
RIGHT-OF-WAY. Property that is publicly owned or upon which a governmental entity has an express or implied property interest (e.g., fee title or easement) held for a public purpose. Examples of such public purpose include, by way of example and not by limitation, a highway, a street, sidewalks, drainage facilities, a crosswalk, a railroad, a road, an electric transmission line, an oil or gas pipeline, a water main, a sanitary or storm sewer main, shade trees, or for any other special use. The usage of the term RIGHT-OF-WAY for subdivision platting purposes means that every right-of-way established and shown on a final plat is separate and distinct from the lots or parcels adjoining the RIGHT-OF-WAY, and is not included within the dimensions or areas of such lots or parcels. RIGHTS-OF-WAY involving maintenance by a public agency are dedicated to public use by the maker of the plat on which the RIGHT-OF-WAY is established.
ROOF LINE. In the case of a flat or pitched roof, the uppermost line of the roof of a building; in the case of a parapet, the uppermost height of the parapet.
ROOF SIGN. A sign erected and constructed wholly on or above the roof of a building and supported by the roof structure.
ROOMING HOUSE. See BOARDING HOUSE.
ROOT COLLAR. An encircling structure of swollen tissue or a marked color change (from the tree bark) located at the highest part of the root system joining into the trunk of a tree at or slightly below the surrounding soil line.
ROOT PROTECTION AREA. An area in which limited construction may take place for the purposes of establishing sidewalks, driveways, utility connections, sodding and landscaping within single-, two- and three-family developments.
ROOT PROTECTION ZONE. An area with a radius of one-half foot for each inch of diameter breast height of a trunk or, if branching occurs at four and one-half inches, the diameter is measured at the point where the smallest diameter closest to the branching occurs. The zone need not be exactly centered around the tree or be circular in shape, but it must be positioned so that no disturbance occurs closer to the tree that lesser of one-half of the radius of the zone or within five feet of the tree. For any tree or groups of trees, the zone need not exceed 1,000 square feet in size. The radial ROOT PROTECTION ZONES of trees may overlap one another so that the area of protection required for one tree may be shared by the area of protection required for another tree in order to minimize the total square footage of protected area where possible.
RUNWAY. A defined area in an airport prepared for landing and taking off of aircraft along its length. Includes planned future paved runways and extensions of RUNWAYS, as shown on the official airport layout plan and on the Airport Hazard Zoning Maps of these regulations.
RURAL AREA. See AREA.
SAFETY LANE. A designated area on an approved plat that has a primary purpose of providing access for safety vehicles.
SALE or LEASE. Any immediate or future transfer of ownership, or any possessory interest in land, including contract of sale, lease, devise, intestate succession or other transfer of an interest in a subdivision, whether by metes and bounds or lot and block description.
SALVAGE YARD. See JUNKYARD.
SAME OWNERSHIP. Ownership in whole or in part or separate parcels, tracts or lots, whether contiguous or not, by any corporation, partnership, trust, business entity or any individual owning any stock or legal or equitable interest in such corporation, partnership, trust or business entity, or individually.
SAND OR GRAVEL PIT. A tract of land used primarily for the extraction of soil, sand, gravel, clay and other similar materials, other than oil or gas, which are processed and sold or used for commercial purposes. Does not include the excavation or grading necessary for the development of a lot or tract.
SANITARY LANDFILL. A controlled area of land upon which solid waste is disposed of in accordance with standards, rules or orders established by the state’s Environmental Protection Agency.
SATELLITE DISH ANTENNA. A device incorporating a reflective surface that is solid, open mesh or bar configured; is in the shape of a shallow dish, cone or horn; and is to be used to transmit and/or receive electromagnetic waves between terrestrially and/or orbitally based uses.
SATELLITE EARTH STATION. Any device or antenna, including associated mounting devices or antenna supporting structures, used to transmit or receive signals from an orbiting satellite, including television broadcast signals; direct broadcast satellite services; multi-channel, multi-point distribution services; fixed wireless communications signals; and any designated operations indicated in the Federal Communications Commission’s Table of Allocations for satellite services.
SCALE. The relationship of a building or structure to its surroundings with regard to its size, height, bulk and/or intensity.
SCHOOL. An institution or place for instruction or education, such as kindergarten; elementary, middle or junior high school; high school; college; or university. See SCHOOL, BUSINESS OR COMMERCIAL TRADE.
SCHOOL, BUSINESS OR COMMERCIAL TRADE. A business organized to operate for a profit, offering instruction and training in a trade, a service or an art.
SCHOOL, PUBLIC. A building or structure, including accessory buildings, grounds or areas, owned and operated by a school or university, which is part of a school district or system organized pursuant to state statutes and which is used for teaching, research or the preservation of knowledge.
SCREEN or SCREENING. Vegetation, fence, wall, berm or a combination of any or all of these that partially or completely blocks the view of, and provides spatial separation of a portion or all of a site from, an adjacent property or right-of-way.
SECONDARY ARTERIAL. A road intended to collect and distribute traffic in a manner similar to primary arterials; except that, these roads service minor traffic-generating areas, such as community commercial areas, primary and secondary educational facilities, hospitals, major recreational areas, churches and offices, and are designed to carry traffic from collector streets to the system of primary arterials.
SECURITY. The letter of credit or cash escrow provided by the applicant to secure its promises in the subdivision improvement agreement.
SEDIMENTATION BASINS. Basins that remove pollutants by creating conditions under which suspended solids can settle out of the water column.
SEDIMENTATION FACILITIES. Facilities that include debris basins, sedimentation traps, berms, interceptor ditches, land terraces.
SELF-STORAGE FACILITY. Any building or group of buildings that is composed of contiguous individual rooms, which are rented to the public for the storage of personal property and which have independent access and locks under the control of the tenant.
SEPTIC SYSTEM. A system for the treatment of sewage or waterborne wastes from a dwelling or business establishment. The SEPTIC TANK SYSTEM consists of a water-tight drain line from the house to a water-tight septic tank, a distribution box and an absorption field consisting of trench, gravel and a disposal line or personal sewage disposal system.
SERVANT’S QUARTERS. An accessory building or portion of a main building located on the same lot as the principal building, occupied only by such persons and their families as are employed full time by occupants of the principal residence.
SERVICE PLAN. A plan that identifies existing and future sewer, water or utility capital improvements or expansions within designated service areas.
SETBACK. The distance between a building and the street line nearest to the building. Establishes the minimum required yard and governs the placement of structures and uses on the lot.
SETBACK LINE. The distance from which a building or structure is separated from a designated reference point, such as a property line.
SHADE TREE. A tree in a public place, a street, a special easement or a right-of-way adjoining a street as provided in these regulations.
SHARED USE PLAN. A plan that includes the following: a signed statement from the antenna supporting structure owner agreeing to allow future collocations (including combined antennas) on the facility, where reasonable and structurally feasible, including those initiated by providers other than the applicant or provider signing the application; and a written evaluation of the feasibility of accommodating future collocations, which evaluation must address the following, as appropriate: structural capacity of the proposed antenna supporting structure; radio frequency limitations impacting the ability to accommodate collocations; geographical search area requirements; mechanical or electrical compatibility; any restrictions imposed upon the facility by the Federal Communications Commission that preclude future collocations; and additional relevant information as required by the city.
SHEET FLOW. See OVERLAND FLOW.
SHOP. A use devoted primarily to the sale of a service or a product or products.
SHOPPING MALL. An integrated grouping of commercial activity, primarily of a retail and personal service nature, in a single building complex having the individual establishments joined by a common covered pedestrian mall.
SHRUB, LARGE. An upright plant growing to a mature height of more than ten feet for use as a natural ornamentation or screening.
SHRUB, MEDIUM. An upright plant growing to a mature height of five to ten feet.
SHRUB, SMALL. An upright plant growing to a mature height of less than five feet.
SIDE STREET. A street intersecting another street with a higher street classification (e.g., a collector street adjoining an arterial street).
SIDEWALK. The portion of a municipal street between the curb lines or lateral lines of a roadway and the adjacent property lines, which is improved and designed for or is ordinarily used for pedestrian travel.
SIDEWALK CAFÉ. An outdoor dining area that is located on a sidewalk and that contains removable tables, chairs, planters or related appurtenances.
SIDE YARD. An area extending the depth of a lot from the front yard to the rear yard between the side lot line and the nearest principal structure.
SIGN. Any device, fixture, placard or structure that uses any color, form, graphic, illumination, symbol or writing to advertise, announce the purpose of, or identify the purpose of a person or entity, or to communicate information of any kind to the public.
SIGN AREA. The entire advertising area of a sign excluding any framing, trim or moulding, and the supporting structure.
SIGN, BILLBOARD (OFF PREMISES). Any outdoor sign, description, device, figure, painting, drawing, message, placard, poster, structure, or thing that directs the attention of the traveling public to a business, commercial product, commercial activity or commercial service, which is conducted, sold or offered at a location other than the premises on which the sign is located.
SIGNIFICANT STAND OF TREES OR SHRUBS. A clustering of at least three trees, of two and one-half inches of caliper or greater in size, and trunks spaced at no greater than ten-foot intervals.
SINGLE-FAMILY DWELLING. See DWELLING, SINGLE-FAMILY DETACHED or DWELLING, SINGLE-FAMILY.
SINGLE-FAMILY RESIDENTIAL DEVELOPMENT. A development consisting of a parcel, a lot or lots, containing only one dwelling unit. The dwelling unit may be detached or attached, a townhouse, a small lot, a home, a manufactured home or a mobile home.
SITE. The location of a significant event, a prehistoric or an historic occupation or activity, or a building, structure or cluster, whether standing, ruined or vanished, and where the location itself maintains historical, architectural, archaeological or cultural value regardless of the value of any existing structure.
SITE-GENERATED TRAFFIC. Vehicular trips attracted to, or produced by, the proposed development site.
SITE PLAN. A scaled drawing for a project that shows the proposed development relative to the existing or planned features of the property, including such elements required by the Code Enforcement Officer for development approval of the project.
SKETCH PLAT. A sketch preparatory to the preliminary plat (or final plat in the case of minor subdivisions) to enable the subdivider to save time and expense in reaching general agreement with the Planning Commission as to the form of the plat and the objectives of these regulations, and to indicate all roads, parks, rights-of-way and public sites proposed for dedication to the city.
SLOPE. The ratio of elevation change to horizontal distance, expressed as a percentage. Computed by dividing the vertical distance by the horizontal distance and multiplying the ratio by 100. For purposes of this section, a SLOPE shall include only those areas with a horizontal distance of at least 50 feet.
SMALL ANIMAL BREEDER. Any person or establishment that breeds and/or engages in the feeding or care of more than ten adult animals other than fish that do not normally exceed five pounds at maturity, including, but not limited to, white rats, gerbils, guinea pigs, prairie dogs, gophers, chipmunks, frogs, lizards, the smaller non-poisonous varieties of snakes, and non-poultry fowl, such as parakeets, parrots, doves, pigeons, cockatiels and canaries.
SMALL TREE. A tree of a species that normally reaches a height of less than 30 feet upon maturity.
SOILS. Dirt, sand and other similar earth matter; rocks and other solid or semisolid mass material, whether produced by human or by nature.
SOLID WASTE. Any garbage; refuse; sludge from a waste treatment plant, water supply treatment plant, or air pollution control facility; and other discarded material, including solid, liquid, semi-solid or contained gaseous material resulting from industrial, municipal, commercial, mining and agricultural operations, and from community and institutional activities. Does not include: solid or dissolved material in domestic sewage, solid or dissolved material in irrigation return flows, or industrial discharges subject to regulation by development approval issued pursuant to the state’s Environmental Protection Agency; soil, dirt, rock, sand and other natural or human-made inert solid materials used to fill land if the object of the fill is to make the land suitable for the construction of surface improvements; or waste materials that result from activities associated with the exploration, development or production of oil or gas.
SOLID WASTE FACILITY. All continuous land and structures, other appurtenances and improvements on the land, used for processing, storing or disposing of solid waste, or used for the purpose of processing, extracting, converting or recovering energy or materials from solid waste. A FACILITY may be publicly or privately owned and may consist of several processing, storage or disposal operational units (e.g., one or more landfills, surface impoundments or combinations of them).
SOLID WASTE TRANSFER STATION. A place or facility where waste materials are taken from smaller collection vehicles (e.g., compactor trucks) and placed in larger transportation vehicles (e.g., over-the-road tractors utilizing trailers that are top-loaded) for movement to designated disposal areas (usually landfills).
SPECIAL MERIT. A building, object, site or structure having significant benefits to the city or to the community by virtue of exemplary architecture; specific features of land planning; or historic social, cultural or other benefits having a high priority for community services.
SPECIFIC PLAN. A document encompassing a specific geographic area of the city, which is prepared for the purpose of specifically implementing the city’s Comprehensive Plan by refining the policies of the Comprehensive Plan to a specific geographic area or containing specific recommendation as to the detailed policies and regulations applicable to a focused development scheme. A SPECIFIC PLAN shall consist of goals, objectives, policies and implementing strategies for capital improvements zoning; the level of service required for public facilities and services; physical and environmental conditions; housing and land-use characteristics of the area; and maps, diagrams and other appropriate materials showing existing and future conditions.
SPECIFIED ANATOMICAL AREAS. Any showing of either the adult or minor human male or female genitals, anus or pubic area with less than a full opaque covering, or the showing of the post- puberty female areola with less than a full opaque covering.
SPECIFIED SEXUAL ACTIVITIES. Acts of masturbation, sexual intercourse, homosexuality or lesbianism, sodomy, fellatio, sadomasochism or physical contact with a person’s own or another’s specified anatomical areas.
STABILIZATION. The act or process of applying measures designed to reestablish a weather-resistant enclosure and the structural stability of an unsafe or deteriorated building, object, site or structure while maintaining the essential form as it exists at present.
STEALTH WIRELESS COMMUNICATIONS FACILITY. A wireless communications facility, ancillary appurtenance or equipment enclosure that is not readily identifiable as such, and is designed to be camouflaged and aesthetically compatible with nearby uses. A STEALTH FACILITY may have a secondary function, including, but not limited to, a church steeple, a bell tower, a spire, a clock tower, a cupola, a light standard or a flagpole with a flag.
STEEP SLOPE. A slope exceeding 15%.
STORE. A use devoted exclusively to the retail sale of commodity or commodities.
STORM WATER DRAINAGE FEES. A method or mix of methods for providing adequate, stable and equitable funding for a comprehensive storm water or drainage program. The financing mechanisms included in the method may include, but not be limited to, user fees, new development impact fees or surcharges on other utility fees.
STORM WATER RUN-OFF. The portion of the rainfall that is drained into the storm water drainage system.
STORY. The part of a building between the surface of a floor and the ceiling immediately above.
STREAMFLOW. Water flowing in a natural channel, above ground.
STREET. A right-of-way that provides a channel for vehicular circulation; is the principal means of vehicular access to abutting properties; and includes space for utilities, sidewalks, pedestrian walkways and drainage. Any such right-of-way is included in this definition, regardless of whether or not it is developed. Includes any vehicular way that: is an existing state, county or municipal roadway; is shown upon a plat approved pursuant to law; or is approved by other official action; and includes the land between the street lines, whether improved or unimproved.
STREET, ARTERIAL. A street use primarily for fast or heavy traffic and designated in the major thoroughfare plan as a primary arterial street, secondary arterial street or expressway.
STREET CLASSIFICATION. See Table 153.1067(A) of this chapter.
STREET, CUL-DE-SAC. A street with a single common ingress and egress and with a turnaround at the end.
STREET, DEAD-END. A street with a single common ingress and egress.
STREET, ELBOW. A turn in a minor street that includes extra pavement adequate for a turnaround.
STREET, EYEBROW. A paved area placed along the linear portion of a street that allows both unimpeded through and turnaround traffic movements.
STREET, INTERSECTION. The area in which two or more streets cross at grade.
STREET LAWN. A planting area parallel to a public street designed to provide continuity of vegetation along the right-of-way, and that provides a transition from vehicular thoroughfares, pedestrian areas or the built environment.
STREET LINK. A section of a street on the major thoroughfare plan or a local street, which is defined by a node at each end or at one end. Stubs to adjacent property shall not be considered LINKS.
STREET, LOCAL. A street designed to provide vehicular access to abutting property and to discourage through traffic.
STREET, PRIVATE. Any street not dedicated to the public and to be maintained by a private entity.
STREET RIGHT-OF-WAY WIDTH. The distance between property lines measured at right angles to the centerline of the street.
STREET/ROAD, COLLECTOR. A “collector”, as defined in Table 153.1067(A) of this chapter.
STREETSCAPE. The general appearance of a block or group of blocks with respect to the structures, setbacks from public rights-of-way, open space and the number and proportion of trees and other vegetation.
STREET, STUB. A temporary portion of a street not greater than one lot’s length allowed as a future connection to an adjacent subdivision or phase.
STREET TREE. A tree planted along a street or roadway behind the right-of-way line or between a sidewalk and the edge of the paved surface of a roadway.
STRUCTURE. Anything constructed or a combination of materials that form a construction for use, occupancy or ornamentation, whether installed on, above or below the surface of land or water.
STRUCTURE, COMPLETELY ENCLOSED. A structure that is enclosed on all sides by permanent walls.
STRUCTURED PARKING. The provision of parking in a building involving at least two levels.
STUDY AREA BOUNDARY. For purposes of the adequate public facilities standards, the boundary identified in Division 15 of this chapter for a traffic impact analysis.
SUBDIVIDE. The act or process of creating a subdivision.
SUBDIVIDER. Any person who: having an interest in land, causes it, directly or indirectly, to be divided into a subdivision; directly or indirectly, sells, leases or develops, or offers to sell, lease or develop, or advertises to sell, lease or develop, any interest, lot, parcel site, unit or plat in a subdivision; engages directly or through an agent in the business of selling, leasing, developing or offering for sale, lease or development a subdivision or any interest, lot, parcel site, unit or plat in a subdivision; or is directly or indirectly controlled by, or under direct or indirect common control with, any of the foregoing.
SUBDIVISION. Any land, vacant or improved, which is divided or proposed to be divided into two or more lots, parcels, sites, units, plots, condominiums, tracts or interests for the purpose of offer, sale, lease or development, whether immediate or future, either on the installment plan or upon any and all other plans, terms and conditions. Includes the division or development of residential and non- residential zoned land, whether by deed, metes-and-bounds description, devise, intestacy, lease, map, plat or other recorded instrument, resubdivision approval of antiquated plats and condominium creation or conversion. Any land, vacant or improved, which is divided, or proposed to be divided, into two or more lots, parcels, sites, units, condominium units, tracts, plots or interests for the purpose of offer, sale, lease or development, whether immediate or future, either on the installment plan or upon any and all other plans, terms and conditions. SUBDIVISION includes the division or development of residential and non-residential zoned land, whether by deed, partition, devise, intestacy, lease, map, plat or any other recorded instrument. SUBDIVISION includes resubdivision, approval of antiquated plats, condominium, cooperative or time-share creation or conversion, judicial partition or division into lots, parcels or unit through probate, equitable proceedings or any other judicial proceeding.
SUBDIVISION AGENT. Any person who represents, or acts for or on behalf of, a subdivider or developer, in selling, leasing or developing, or offering to sell, lease or develop, any interest, lot, parcel, unit, site or plat in a subdivision, except an attorney at law whose representation of another person consists solely of rendering legal services.
SUBDIVISION IMPROVEMENT AGREEMENT. A contract entered into by the applicant and the Planning Commission on behalf of the city, which the applicant promises to complete the required public improvements within the subdivision within a specified time period following final subdivision plat approval.
SUBDIVISION, MAJOR. See MAJOR SUBDIVISION.
SUBDIVISION, MINOR. See MINOR SUBDIVISION.
SUBDIVISION PLAT. The final map or drawing, described in these regulations, on which the subdivider’s plan of subdivision is presented to the Planning Commission for approval and which, if approved, may be submitted to the City Clerk/Finance Director or Recorder of Deeds for filing.
SUBJECT PROPERTY. The property subject to an application for development approval.
SUBSYSTEM IMPROVEMENT. A capital improvement that is not a project improvement nor a system improvement, and which may include, but is not necessarily limited to, collector streets, lateral and collector sewer lines and pump stations serving a subdrainage basin, pocket and neighborhood parks, subarea water storage facilities and distribution lines, and subdrainage basin drainage improvements.
SUBURBAN AREA. See AREA.
SWALE. A low lying or depressed stretch of land without a defined channel or tributaries.
SYMMETRY. A balance of architectural components in a structure.
SYSTEM IMPROVEMENT. The following capital improvements: arterial streets, wastewater treatment plants, pump stations and interceptor lines serving a drainage basin, community and regional parks, water supply, mains and storage facilities, and major drainage improvements serving a drainage basin.
TAVERN. Any use in which the primary purpose is the sale of alcoholic beverages for on-premises consumption, which may or may not include dancing.
TEMPORARY COMMON WORKER EMPLOYER. A person or agency that provides common worker employees to a third-party user, that maintains a central location where common workers assemble and are dispatched to work, and that is required to obtain a license from the state.
TEMPORARY IMPROVEMENT. Improvements built and maintained by a subdivider during construction of the subdivision and prior to release of the performance bond.
TERMINAL. A facility where flammable or combustible liquids are received by a tank vessel, pipelines, a tank car or a tank vehicle, and which are stored or blended in bulk for the purpose of distributing such liquids by tank vessel, pipeline, tank car, tank vehicle, portable tank or container. See BULK PLANT.
TERTIARY CONTAINMENT. A method by which a third level of containment is provided for underground storage tanks by means of a wall or barrier installed around a double-walled tank and piping system (or approved alternative) in a manner designed to prevent a release of the regulated substance from migrating beyond the tertiary wall or barrier before the release can be detected if a failure in the secondary containment level occurs.
TERTIARY PROTECTION. A method by which a third level of protection is provided for underground storage tank systems by means of either: a physical level to be installed around a double-
walled tank and piping system, designed to prevent a release of the regulated substance from migrating into the environment, should such a release go undetected at the secondary containment level; or equivalent technology, which includes continuous electronic leak detection for the entire system at a centralized location with dedicated personnel, site-specific training, annual testing for system integrity and reporting to the city any release from the primary system.
THEMATIC GROUP. A finite group of resources related to one another in a clearly distinguishable way, by association with a single historic person, event, or developmental force, as one building type or use, as designed by a single architect, as a single archaeological site form or as a particular set of archaeological research.
TOWNHOUSE. A building that has single-family dwelling units erected in a row as a single building on adjoining lots, each being separated from the adjoining unit or units by a fire wall (to be constructed in accordance with city codes and ordinances), along the dividing lot line, and each such building being separated from any other building by space on all sides.
TRACT. A lot. The term TRACT is used interchangeably with the term LOT, particularly in the context or subdivision, where a TRACT is subdivided into several lots, parcels, sites, units, plots, condominiums, tracts or interests.
TRAFFIC IMPACT REPORT OR ANALYSIS. A study performed by professional engineers with expertise in traffic engineering principles and practice, which reviews development of a specific property and analyzes how it integrates into the existing and proposed city street network and ongoing traffic study. The REPORT OR ANALYSIS utilizes data and conclusions developed in previous studies, and identifies improvements needed to mitigate the impact of traffic generated by a development on the street network system.
TRANSFER OF DEVELOPMENT RIGHTS. The conveyance of development rights by deed, easement or other legal instrument, authorized by ordinance or regulation, to another parcel of land and the recording of that conveyance.
TRANSITIONAL HOME. A residential facility, differentiated from facilities that provide on-site, supervised lodging for individuals who are required to reside at the facility as a term of parole or who are under mandatory supervision. Also called REHAB CENTER or HALF-WAY HOUSE.
TRANSIT STATION. A building, structure or area designed and located on a busway or a light rail line, used for the picking up and/or dropping off of passengers, embarking or changing transportation modes. Facilities and improvements may include shelters, benches, signs, structures and other improvements that provide security, weather protection and access to nearby services.
TRANSPARENT. Capable of transmitting light in a manner that permits a person standing outside of a building to view shapes, tones, and objects inside a building. A tinted window is considered TRANSPARENT if it meets this definition.
TREE. A perennial woody plant, with single or multiple trunks, with few if any branches on its lower part and which, at maturity, will obtain a minimum six-inch caliper.
TREE, ORNAMENTAL. A small to medium tree, growing to a mature height of 15 to 40 feet.
TREE PRESERVATION DEVELOPMENT APPROVAL. An authorization by the City Arborist authorizing specific work as it relates to protected and mitigation tree or trees.
TREE, SHADE. A large tree growing to a height of 40 feet or more at maturity.
TRIP GENERATION SUMMARY. A table summarizing the trip generation characteristics of the development for the entire day and the a.m. and p.m. peak periods, including the rates and units used to calculate the number of trips.
TRIPLEX. See DWELLING, THREE-FAMILY (TRIPLEX).
UNDERGROUND STORAGE TANK. Any one or a combination of underground storage tanks and any connecting underground pipes used to contain an accumulation of regulated substances, the volume of which, including the volume of the connecting underground pipes, is 10% or more below grade.
UNDERGROUND STORAGE TANK SYSTEM. An underground storage tank, all associated piping and ancillary equipment, spill and overfill prevention equipment, release detection equipment, corrosion protection system, secondary and tertiary containment equipment (as applicable), and all other related systems and equipment.
UNDERSTORY. Assemblages of natural, low-level, woody, herbaceous and ground cover species.
UNRATED RESOURCE. A building, object, site or structure that appears on a federal, state or city inventory or survey, but has not been reviewed and rated by the Historic and Design Review Commission following criteria set forth this section.
UNREASONABLE ECONOMIC HARDSHIP. An economic burden imposed upon the owner that is unduly excessive and which prevents a realization of a reasonable rate of return on the value of his or her property as an investment, applying the test utilized by the state case law relating to zoning variances in determining the existence of an unreasonable economic hardship.
URBAN AREA. See AREA.
USE. The purpose for which a land or a structure is designed, arranged or intended to be occupied or used, or for which it is occupied, maintained, rented or leased.
USE MATRIX. The list of uses permitted as of right, prohibited or permitted as a conditional use as set forth in Table 153.0202(A) of this chapter.
USE-TO-USE RELATIONSHIP. Focusing on the unique aspects of established, newly developed and redeveloping neighborhoods, and commercial/industrial areas in order to achieve improved compatibility and fit of infill development projects and, at the same time, assist in the preservation and conservation of stable existing neighborhoods and commercial areas.
VARIANCE. Any of the following: a request to the Planning Commission for permission to vary or depart from a requirement of Divisions 7, 8, 9, 10, 11, 12, 13 and 14 of this chapter where, due to special conditions, a literal enforcement of the requirement will result in an unnecessary hardship; or a request to the Board of Adjustment for permission to vary or depart from a requirement of Divisions 3, 4, 5 and 6 of this chapter where, due to special conditions, a literal enforcement of the requirement will result in an unnecessary hardship.
VERIFICATION. The confirmation by the Historic and Design Review Commission that restoration or rehabilitation work completed on an historically significant site in need of tax relief to encourage preservation was substantially completed.
VERTICALLY ORIENTED. Having a height equal to or exceeding at least one and one-half times the width.
VERY LOW-INCOME HOUSING. A household composed of one or more persons with a combined annual net income for all adult members that does not exceed the qualifying limit for a very low-income family of a size equivalent to the number of persons residing in such household, as set forth in the state statutes.
VESTED RIGHTS. Right to initiate or continue the use or occupancy of land or structures, or to continue construction of a structure or initiation of a use, where such use, occupancy of land or construction is prohibited by a law or regulation in effect. Includes rights obtained under principles of estoppel.
VINE. A woody plant that spreads as it grows over the ground, walls or trellises.
VIOLATION. The failure of a site, building or structure to comply with the UDC. A structure or other development without an approved development approval required by the UDC is presumed to be in VIOLATION until such time as that documentation is provided.
VISTA. A view through or along a street, which, as a view corridor, frames, highlights or accentuates a prominent building, object, site, structure, scene or panorama, or patterns or rhythms of buildings, objects, sites or structures.
VISUALLY COMPATIBLE. The relationship between the scale and design of buildings as defined in § 153.0999 of this chapter.
WAREHOUSING. See PROCESSING AND WAREHOUSING.
WATERCOURSE. A natural or man-made channel through which storm water flows.
WATERSHED. The area drained by a given stream, river, watercourse or other body of water.
WATER SURFACE ELEVATION. The height, in relation to the National Geodetic Vertical Datum of 1929 (or other datum, where specified), of floods of various magnitudes and frequencies in the floodplains of coastal or riverine areas.
WETLAND. Land that has a predominance of hydric soil; is inundated or saturated by surface or ground water at a frequency and duration sufficient to support a prevalence of hydrophytic vegetation typically adapted for life in saturated soil conditions; and, under normal circumstances, supports a prevalence of that vegetation.
WHEELCHAIR RAMP. A sloping concrete pad constructed at crosswalks to assist mobility-impaired citizens using the sidewalks and crosswalks.
WHOLESALE TRADE. Establishments or places of business primarily engaged in selling merchandise to retailers; to industrial, commercial, institutional or professional business users; to other wholesalers; or to those acting as agents or brokers and buying merchandise for, or selling merchandise to, such individuals or companies.
WINDOW. An opening constructed in a wall, which admits light or air to an enclosure, is framed and spanned with glass, and which may be mounted to permit opening and closing.
WIRELESS COMMUNICATIONS. Any personal wireless service, radio and television broadcast services, and any other radio frequency signals, including amateur radio. Does not include signals transmitted to or from a satellite earth station.
WIRELESS COMMUNICATIONS FACILITY. Any staffed or unstaffed facility used for the transmission and/or reception of wireless communications, usually consisting of an antenna or group of antennas, transmission lines, ancillary appurtenances, and equipment enclosures, and may include an antenna supporting structure. The following developments will be considered as WIRELESS COMMUNICATIONS FACILITIES: antenna supporting structures (including replacements and broadcast); collocated antennas; roof-mounted structures; surface-mounted antennas; stealth wireless communications facilities; and amateur radio facilities.
WIRELESS COMMUNICATIONS SYSTEM. Antenna support structures for mobile and land-based telecommunication facilities. Whip antennas, panel antennas, microwave dishes and receive-only satellite dishes, cell enhancers and related equipment for wireless transmission from a sender to one or more receivers, such as for mobile cellular telephones, mobile radio systems facilities and commercial radio service. This facility is inclusive of the placement of the above-referenced equipment on a monopole tower, a steel lattice tower and any self-supporting communications tower that does not utilize guy-wire support. This facility shall also allow as one of its components an unmanned equipment shelter.
WOODLAND. An area of contiguous wooded vegetation where trees are at a density of at least one six-inch or greater caliper tree per 325 square feet of land and where the branches and leaves provide a continuous canopy. For purposes of submitting a site plan or preliminary plat, a WOODLAND shall include areas with a continuous canopy of trees over an area of at least 20,000 square feet, and which may be delineated through an aerial photograph or a ground survey.
XERIC LANDSCAPING. A type of landscaping that conserves water and protects the environment by using site-appropriate plants, an efficient watering system, proper planning and design, soils analysis, practical use of turf, the use of mulches and proper maintenance. Does not refer to the use of cactus and/or rock gardens in a landscape design.
XERISCAPE. Landscaping with native plants that utilizes the existing environmental conditions to the best advantage, conserving water and protecting the native environment.
YARD. An area on a lot between the lot line and the nearest principal structure, unoccupied and unobstructed by any portion of a structure from the ground upward, except as otherwise provided in this section.
ZERO LOT LINE. The location of a building on a lot in such a manner that one or more of the building’s sides rests directly on or immediately adjacent to the lot line.
ZERO LOT LINE DEVELOPMENT. Any subdivision or site plan in which a single-family detached dwelling unit is sited on a lot in such a manner that one or more of the building’s sides rests directly on or immediately adjacent to the lot line.
ZONING MAP. See OFFICIAL ZONING MAP.
(Ord. 3020, passed 9-10-2013; Ord. 3160, passed 1-9-2018)