For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
AS-BUILT SURVEY. A drawing reflecting the results of a survey of the completed project, as approved, showing all improvements and structures.
BUILDING ENVELOPE. The ground area occupied or which may be occupied by the principal structure, together with any attached accessory structures, (e.g., house and attached garage), which is, or is intended to be, placed on a building site.
BUILDING FOOTPRINT. An outline of the size and shape of the structure as it meets the land.
BUILDING SITE. The condominium unit location.
CITY or CITY COUNCIL. The City of Memphis or Memphis City Council.
CONDOMINIUM. A system of separate ownership of individual units in multi-unit projects created according to Public Act 59 of 1978,being M.C.L.A. §§ 559.101 through 559.276, as amended. In addition to the interest acquired in a particular unit, each unit owner is also a tenant in common in the underlying fee and in the spaces and building parts used in common by all the unit owners.
CONDOMINIUM ACT. The Public Act 59 of 1978, being M.C.L.A. §§ 559.101 through 559.276, as amended.
CONDOMINIUM PROJECT or PROJECT. A plan or project consisting of not less than two condominium units established in conformance with the Condominium Act. A CONDOMINIUM PROJECT may consist of multiple-family structures (traditional) or single-family homes (site condominium) or nonresidential structures (non-residential site condominiums).
CONDOMINIUM SUBDIVISION. A subdivision where there is no division of land, no platting of the land under the State Subdivision Control Act of 1967, Public Act 288 of 1967 being §§ 560.101 through 560.293, as amended, and where the land is owned by the association of co-owners.
CONDOMINIUM SUBDIVISION PLAN. The drawings and information prepared pursuant to § 66 of the Condominium Act.
CONDOMINIUM UNIT. The portion of the condominium project designed and intended for separate ownership and use, as described in the master deed, regardless of whether it is intended for residential, office, industrial, business, recreational, used as a time-share unit or any other type of use.
CONSOLIDATING MASTER DEED. The final amended master deed for a contractible condominium project, an expandable condominium project or a condominium project containing convertible land or convertible space, which final amended master deed fully describes the condominium project as completed.
CONTRACTIBLE CONDOMINIUM. A condominium project from which any portion of the submitted land or buildings may be withdrawn in accordance with Public Act 59 of 1978, being M.C.L.A. §§ 559.101 through 559.276, as amended.
CONVERSION CONDOMINIUM. A condominium project containing condominium units some or all of which were occupied before the filing of a notice of taking reservations under § 71 of the Condominium Act.
CONVERTIBLE AREA. A unit or a portion of the common elements of the condominium project referred to in the condominium documents within which additional condominium units or general or limited common elements may be created in accordance with the Condominium Act.
CONVEY. To transfer ownership of or title to such structures to the city as public structures.
DEDICATE. To set apart for a special use by the public of such structures, facilities or conveniences and the like.
DIAMETER AT BREAST HEIGHT or D.B.H. The diameter in inches of an existing tree measured at four and one-half feet above the existing grade.
EASEMENT. A right of a person, government agency or utility company to use public or private land owned by another for a specific purpose. A grant of one or more of the property rights by the owner(s) to or for the use by, the public, a corporation or another person or entity.
EQUIVALENT WORD, TERM. Those words and terms and phrases in this chapter which correspond to that word, term or phrase set forth in this definition section.
EXPANDABLE CONDOMINIUM. A condominium project to which additional land may be added in accordance with the Condominium Act.
FRONT SURROGATE LOT LINE. An imaginary line or real front lot line which is superimposed on the front right-of-way line and extends the full distance between the surrogate side lot lines.
FRONT YARD. The open space between the front surrogate lot line and the front yard line extending the full width between the surrogate side lot lines.
FRONT YARD LINE. A location line on the principal structure parallel to, and against the wall surface nearest, the front surrogate lot line and which faces the front yard. The FRONT YARD LINE extends the full distance between surrogate side lot lines.
FRONT YARD SETBACK. The minimum horizontal distance between the front surrogate lot line and the front yard line.
GENERAL COMMON OR COMMON ELEMENTS. The common elements other than the limited common elements and the condominium unit.
GREENBELT. A strip of land of definite width and location reserved for the planting of a combination of shrubs, trees and ground cover to serve as an obscuring screen and buffer for noise or visual enhancement, in accordance with the requirements of this subchapter.
GROUND COVER. A planting of low-growing plants or sod that, in time, forms a dense mat covering the area, preventing soil from being blown or washed away and the growth of unwanted plants.
LIMITED COMMON ELEMENTS. A portion of the common elements reserved in the master deed for the exclusive use of less than all of the co-owners.
LOT. A surrogate lot.
MASTER DEED. The condominium document recording the condominium project as approved by the City Council to which is attached as exhibits and incorporated by reference, the approved condominium subdivision plans for the project.
MOBILE HOME CONDOMINIUM PROJECT. A condominium project in which the mobile homes are intended to be located upon separate condominium sites which constitute individual condominium units.
PARCEL. A surrogate lot.
PHASE. A portion of the whole which has been separated from the whole with regard to improvement and development activity.
PRIVATE. The area of land has not been dedicated or transferred to the city for future control, maintenance, modification and the like.
REAR YARD. An open space between the rear surrogate lot line and the rear yard line extending the full width between the surrogate side lot lines.
REAR YARD LINE. A location line on the principal structure parallel to and against the wall surface nearest the rear surrogate lot line and which faces the rear yard. The REAR YARD LINE extends the full distance between the surrogate side lot lines.
REAR SURROGATE LOT LINE. An imaginary line opposite the front surrogate lot line or lot line and which joins the rear most ends of the side surrogate lot lines.
REAR YARD SETBACK. The minimum horizontal distance between the rear surrogate lot line and the rear yard line.
RIGHT-OF-WAY. A strip of land reserved and dedicated for a street, alley, walkway or other purpose and which may be occupied by utilities, such as electric transmission lines, gas pipelines, cable television lines, fiber optics lines, water mains, sanitary sewers, storm sewer mains, street trees or other utility uses. RIGHTS-OF-WAY established and shown on the final plan are to be distinct and separate from the yards or building sites adjoining such rights-of-way and are not to be included in the dimensions or areas of such yards or building sites.
SETBACK. The minimum horizontal distance from the principal structure to a surrogate lot line.
SIDE YARD. The open space between the front yard line and the rear yard line on each side of the principal structure considered separately.
SIDE YARD LINE. A location line on the principal structure parallel to, and against the wall surface nearest, the side surrogate lot line and which faces the side yard.
SIDE YARD SETBACK. The minimum horizontal distance between the side surrogate lot line and the side yard line.
SIDE SURROGATE LOT LINE. An imaginary lot line opposite the side yard line and which joins the nearest ends of the front surrogate lot line and the rear surrogate lot line.
SITE CONDOMINIUM. The resulting development of land created under the Condominium Act, Public Act 59 of 1978, being M.C.L.A. §§ 559.101 through 559.2762.
SITE PLAN. A plan showing all salient features of a proposed development, so that it may be evaluated in order to determine whether it meets the provisions of this subchapter.
STAGE. The same as PHASE.
STREET, PRIVATE. A special form of easement use providing for a right-of-way which complies fully with the minimum requirements of §§ 151.35 and 151.58 is for the purpose of containing a means for vehicular and pedestrian transportation, parking areas if allowed, above and beneath ground utility services, sidewalks, lawn extensions, other accommodations which are allowed by city code and standards, and contains the area reserved therefor where the same are not yet constructed. Land within a designated street may be improved or unimproved at a point in time.
SUBDIVISION ORDINANCE or CHAPTER 151.
Chapter 151 of this code of ordinances.
SURROGATE LOT. A building site which is not plated and is not fully bound by recorded adjacent lot lines.
SURROGATE LOT AREA. The total horizontal area within the surrogate lot lines.
SURROGATE LOT DEPTH. The depth determined by the horizontal distance between the front and rear surrogate lot lines measured along a median line between the two side surrogate lot lines.
SURROGATE LOT WIDTH. The width determined by the horizontal straight distance between the side surrogate lot lines measured at the minimum distance of the front setback building line for the district.
YARD. An area of land whose boundary consists of the front surrogate lot line, rear surrogate lot line and both side surrogate lot lines.
YARD AREA. The area contained within the yard boundary lines.
ZONING ORDINANCE or CHAPTER 150.
The Memphis Zoning Ordinance, as amended or this Chapter 150.
(Ord. 155, passed 3-18-2003)