As used in this Planning and Zoning Code, except where otherwise defined or where the context otherwise clearly indicates:
(a) "Applicant" means a landowner or developer who has filed an application for development, including his or her heirs, successors and assigns.
(b) "Application for development" means every application, whether preliminary or final, required to be filed and approved prior to the start of construction or development, including, but not limited to, an application for a building permit, for the approval of a subdivision plan or plat or for the approval of a development plan.
(Ord. 4398. Passed 9-10-86.)
(c) "Appointing authority" means the City Manager.
(Ord. 4672. Passed 7-13-94.)
(d) "Common open space" means a parcel of land or an area of water, or a combination of land and water, within a development site and designed and intended for the use or enjoyment of residents of a planned residential development, not including streets, off-street parking areas and areas set aside for public facilities.
(e) "Developer" means any landowner, agent of such landowner or tenant with the permission of such landowner who makes or causes to be made a subdivision of land or a land development.
(f) "Development plan" means the provisions for development of a planned residential development, including a plat of subdivision, all covenants relating to use, location and bulk of buildings and other structures, intensity of use or density of development, streets, ways and parking facilities, common open space and public facilities. "Provisions of the development plan," when used in this Planning and Zoning Code, means the written and graphic materials referred to in this subsection.
(g) "Engineer" means a professional engineer licensed as such in the Commonwealth and duly appointed as the engineer for the City and/or the Planning Commission.
(h) "Land development" means:
(1) The improvement of one or more contiguous lots, tracts or parcels of land for any purpose involving a group of two or more buildings, or the division or allocation of land or space between or among two or more existing or prospective occupants by means of, or for the purpose of, streets, common areas, leaseholds, condominiums, building groups or other features; or
(2) A subdivision of land.
(i) "Landowner" means the legal or beneficial owner of land, including the holder of an option or contract to purchase (whether or not such option or contract is subject to any condition), a lessee if he or she is authorized under the lease to exercise the rights of the landowner, or any other person having a proprietary interest in land.
(j) "Mobile home" means a transportable, single-family dwelling intended for permanent occupancy, an office or a place of assembly contained in one unit, or in two units designed to be joined into one integral unit capable of again being separated for repeated towing, which arrives at a site complete and ready for occupancy except for minor and incidental unpacking and assembly operations, and which is constructed so that it may be used without a permanent foundation.
(k) "Mobile home lot" means a parcel of land in a mobile home park, improved with the necessary utility connections and other appurtenances necessary for the erection thereon of a single mobile home, which is leased by the park owner to the occupants of the mobile home erected on the lot.
(l) "Mobile home park" means a parcel of land under single ownership which has been planned and improved for the placement of mobile homes for nontransient use and which consists of two or more mobile home lots.
(m) "Nonconforming use" means a use, whether of land or of a structure, which does not comply with the applicable use provisions in the Zoning Code or in any amendment thereof heretofore or hereafter enacted, where such use was lawfully in existence prior to the enactment of the Zoning Code (Ordinance 3590, passed January 6, 1964) or such amendment or prior to the application of such Zoning Code or amendment to its location by reason of annexation.
(n) "Nonconforming structure" means a structure or part of a structure manifestly not designed to comply with the applicable use provisions in the Zoning Code or in any amendment thereof heretofore or hereafter enacted, where such structure lawfully existed prior to the enactment of the Zoning Code (Ordinance 3590, passed January 6, 1964) or such amendment or prior to the application of such Zoning Code or amendment to its location by reason of annexation. Such nonconforming structures include, but are not limited to, nonconforming signs.
(o) "Planned residential development" means an area of land, controlled by a landowner, to be developed as a single entity for a number of dwelling units, the development plan for which does not correspond in lot size, bulk or type of dwelling, density, lot coverage and required open space to the regulations established in any one residential district established in the Zoning Code.
(p) "Planning agency" means the Planning Commission of the City.
(q) "Plat" means the map or plan of a subdivision or land development, whether preliminary or final.
(r) "Public grounds" includes:
(1) Parks, playgrounds and other public areas; and
(2) Sites for schools, sewage treatment, refuse disposal and other publicly owned or operated facilities.
(s) "Public notice" means notice published once every week for two successive weeks in a newspaper of general circulation in the City. Public notice shall state the time and place of the hearing and the particular nature of the matter to be considered at the hearing. The first publication shall be not more than thirty days nor less than fourteen days from the date of the hearing.
(t) "Street" includes streets, avenues, boulevards, roads, highways, freeways, parkways, lanes, alleys, viaducts and any other way used or intended to be used by vehicular traffic or pedestrians, whether public or private.
(u) "Structure" means any man-made object having an ascertainable stationary location on or in land or water, whether or not affixed to the land.
(f) "Subdivision" means the division or redivision of a lot, tract or parcel of land by any means into two or more lots, tracts, parcels or other divisions of land, including changes in existing lot lines for the purpose, whether immediate or future, of lease, transfer of ownership or building or lot development. However, the division of land for agricultural purposes into parcels of more than ten acres, not involving any new street or easement of access, shall be exempted.
(g) "Workable program" means the City plan of action, including a statement as to where the City stands to date and what it will strive to do to remove slums and blight, block their return and achieve orderly community growth, utilizing appropriate private and public resources to eliminate and prevent the development or spread of urban blight.
(Ord. 4398. Passed 9-10-86.)