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ORDINANCE NO.: 808-02 Ds 0- 0 I T: 0.00
06/23!02 Opty ;itrk
AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF ZEPHYRHILLS, FLORIDA, A
MUNICIPAL CORPORATION, AMENDING
CHAPTER 1 (DEFINITIONS), SECTION 1010
(DEFINITION OF TERMS) OF THE LAND
DEVELOPMENT CODE OF THE CITY OF
ZEPHYRHILLS, FLORIDA, IN ITS ENTIRETY;
AND PROVIDING FOR AN EFFECTIVE DATE.
BE IT ORDAINED by the City Council of the City of Zephyrhills, Florida, sitting
in regular meeting that:
Section 1: That Chapter One, (Definitions), Section 1010 (Definition of Terms)-of
the Zephyrhills Land Development Code is deleted in its entirety and shall henceforth read
as follows: . Era •:-iT' -kStA ;. ,4 •� ::�.ENK �,
' i*'28 �'+2: `19:.'8e.n 1 ..:4 21
CHAPTER ONE-Definitions-
V`'l l ', 4991 547
SECTION 1010-Definitions for Zoning, Development and Planning Terms
SEE EXHIBIT "A" ,ATTACHED HERETO AND KNOWN AS
DEFINITIONS FOR ZONING, DEVELOPMENT,AND PLANNING TERMS
Section 2: The provisions of this Ordinance are severable, and if any section,
111 sentence, clause, or phrase is for any reason held to be unconstitutional, invalid, or
ineffective, this holding shall not affect the validity of the remaining portions of the
Ordinance, it being expressly declared to be the City Council's intent that it would have
passed the valid portions of this Ordinance without the inclusion of any invalid portion or
portions.
Section 3:•,;This'"Ordinance shall become effective immediately upon its passage.
•
0' heflofog�iig Ordinance No. 808-02 was read and passed on its first reading by the
•Citz ouncil of the-Cit of Zephyrhills, Florida, on t 's �O t_Lday of ,�, _ A.D., 2002.
I , �(o //
( b .- ' _,-; C E C. BRACKNELL
- resident of City Council
t- ' -,/, 0� c, e.-41-).
Attest ��,
O City...lerk :` ]
' DA D. BOAN
nUP41Y
The,foregoing',Ordinance No. 808-02 was read and passed on its second reading in
ope �:and-reAa .i' neeting by the City Council of the City of Zephyrhills, Florida, on this
a Lk OCClay'Of•• , A.D., 2002. /Z e /
,. 64„,
I ,9 A •
c; ; ; ;.,; ;.,..;.... C E C. BRACKNELL
k P esident of City Council
Attest: • , l 0 f - - L/
r 0...- CitS .flerk,LIND p."�BOAN
n
ORDIN ; 40.4$08-02
The,foregoing:Ordinance No. 808-02 was approved b me this a4day of
. 9tyk.t....., • ' - • , A.D., 2002. 41%
Mayor-W..a IFF cD!'AIE
Record and Return to:
City Clerk's Office =_ ''-i
;
I
5335 8th Street
. Zephyrhills, FL 33540 -'1 - ,
Exhibit A OR BK 4991 PG 548
2 of 2.
A GLOSSARY OF ZONING, DEVELOPMENT, AND PLANNING TERMS
Abandonment To stop the use the comfort,convenience,or licensed by the state. This
II • of property intentionally. When necessity of the principal use; definition does not include an
the use of a property has ceased and(3)is located on the same lot athletic club,health club,school,
and the property has been and in the same zoning district as gymnasium,reducing salon,spa,
for grope, y abandonment vacantothe principal use. or similar establishment where
massage or similar manipulation
use will be presumed unless the
owner can show that a diligent •
Acreage,gross: The acreage of the human body is offered as
effort has been made to sell, rent, within theperimeter of a an incidental or accessory
or use the property for a legally development tract,plus one-half service.
•
permissible use. the right-of-way of all adjoining
streets and alleys. • Adverse impact: A negative
consequence for the physical,
• Abutting: Having a common • Acre,net: The area within lot social,or economic environment
border with,or being separated boundaries of all lands resulting from an action or
from such a common border by a comprising the building site. A project.
right-of-way,alley,or easement. net acre shall not include any
means of portion of the abutting dedicated • Aesthetic zoning: The
• Access:pedAn ears of vehicular entul streets,alleys,waterways, regulation of building or site
oor exitd from roe canals,lakes,or any such design to achieve desirable
property.�. dedicated right-of-way by appearance.
whatever name known.
• Access Connection: Any
• Affordable housing: Housing
driveway,street,turnout,or other • Adaptive reuse: Rehabilitation units where the occupant is
means of providing for the ' or renovation of existing paying no more than 30 percent
movement of vehicles to or from building(s)or structures for any of gross income for housing
the public roadway system. use(s)other than the present costs,including taxes and
use(s). utilities.
• Access Management: The
process of providing and • Addition: Any construction that • Aggrieved party: 1. Any person
managing access to land increases the size of a building or or persons or entity or entities
development while preserving the structure in terms of site who can demonstrate that their
regional flow of traffic in terms of coverage,height,length,width, property will be injured by a
safety,capacity,and speed. or gross floor area. decision of either the zoning
officer or the planning board or
• Access Point: 1. A driveway,a
• Adult use,Adult Bookstore: the zoning board of review or any
local street,or a collector street An establishment that has a official of the city involved in the
intersecting an arterial street;2. substantial portion of its stock-in- enforcement of this zoning code;
A driveway or a local street trade and offers for sale,for any or 2. Anyone requiring notice
intersecting a collector street;or form of consideration,any one or pursuant to this zoning code.
3. A driveway or a local street more of the following: 1)books,
intersecting a local street. magazines,periodicals,or other • Agricultural protection zoning:
• Accessory Apartment: A printed matter,or photographs, Regulations that protect the
secondaryunit films,motion pictures,video agricultural land base by limiting
dwelling conjunction with cassettes,slides,or other visual nonfarm uses,prohibiting high-
establishedesinnbo a representation that are density development,requiring
and cle clearlydwsubordinate
din ato a characterized by an emphasis houses to be built on small lots,
part of same whethersutructure as rhe upon the depiction or description and restricting subdivision of the
primary the e unit a of specified sexual activities or land into parcels that are too
specified anatomical areas;or 2) small to farm.
• detached dwelling unit on the instruments,devices,or
same lot paraphernalia that are designed • Agricultural-related industry:
for use in connection with -1. Packaging plants: May
• Accessory Structure: A specified sexual activities. include,but are not limited to,the
subordinate structure detached following activities: washing
from but located on the same lot • Adult use,massage parlor:- An sorting,crating,and other
as a principal building. The use establishment where,for any functional operations such as
of an accessory structure must form of consideration,massage, drying,field crushing,or other
be identical and accessory to the alcohol rub,fomentation,electric preparation in which the chemical
use of the principal building. or magnetic treatment,or similar and physical composition of the
Accessory structures include treatment or manipulation of the agricultural product remains
garages,decks,and fences. human body is administered, essentially unaltered. Does not
unless such treatment or include processing activities,or
• Accessory Use: A structure or manipulation is administered by a slaughterhouse,animal reduction
use that(1) is subordinate in medical practitioner,chiropractor, yards,and tallow works. 2.
area,extent,and purpose to the acupuncturist,physical therapist, Processing plants: May include,
principal use; (2)contributes to or similar professional person but are not limited to,those
1
activities which involve the • Air rights: The ownership or — modernizing shall not be
fermentation or other substantial control of all land,property,andc considered a structural alteration.
chemical and physical alteration that area of space at and above a 71
of the agricultural product. Does horizontal plane over the ground ;,, • Amateur radio tower: A
not include slaughterhouses or surface of and used for railroad freestanding or building-mounted
rendering plants. 3. Storage or expressway purposes. The structure,including any base,
facilities: Includes controlled horizontal plane shall be at a tower or pole,antenna,and
atmosphere and cold storage height that is reasonable, c..) ILO
appurtenances,intended for
warehouses and warehouses for necessary,or legally required for : '� airway communication purposes
the storage of processed and/or the full and free use of the ground by a person holding a valid
packed agricultural products. surface. amateur radio(HAM)license
issued by the Federal
• Air traffic pattern: A pattern of c'i Communications Commission.
• Agriculture: The use of land for aircraft routes set out by United
agricultural purposes,including States Government authorities to gy • Amenity: Aesthetic or other
farming,dairying,pasturage regulate the movements of characteristics of a development
agriculture,horticulture, aircraft approaching or departing ¢.^ that increase its desirability to a
floriculture,viticulture,and animal an airport. ..ami community or its marketability to
and poultry husbandry,and the the public. Amenities may differ
necessary accessory uses for • Airport approach area: An from development to
storing the products. The term imaginary surface longitudinally development but may include
shall include incidental retain centered on the runway such things as a unified building
sales by the producer of products centerline,extending outward design,recreational facilities
raised on the farm. and upward from the end of the (e.g.,a swimming pool or tennis
runway,and is based upon the court),security systems,views,
• Agriculture,commercial: The type of approach available or landscaping and tree
production principally for the sale planned for that runway end. preservation,or attractive site
to others of plants,animals,or design.
their products,including,but not • Alley: A public or private way
limited to: forage and sod crops, permanently reserved as a • Amortization: A method of
grain and feed crops,dairy secondary means of access to eliminating nonconforming uses
animals and dairy products; abutting property. An unnamed or structures by requiring the
livestock,including dairy and beef public or private right-of-way less termination of the nonconforming
cattle,poultry,sheep,swine, than 22 feet wide that is primarily use or structure after a specified
horses,ponies,mules,and goats; designed to serve as secondary period of time.
including the breeding and access to the rear or side of
grazing of all such animals;bees those properties whose principal • Animal boarding place: Any
and apiary products;fruits of all frontage is on some other street. structure,land,or combination
kinds including grapes,nuts,and thereof used,designed,or
berries,vegetables;nursery, • Alteration: Any change, arranged for the boarding,
floral ornamental and greenhouse addition,or modification in breeding or care of dogs,cats,
products and other commodities construction or occupancy of an pets,fowl,horses,or other
as described in the Standard existing structure. Any domestic animals for profit,but
Industrial Classification for enlargement;addition;relocation; exclusive of animals used for
agriculture,forestry,fishing,and repair;remodeling,change in agricultural purposes.
trapping. Commercial number of living units;
agricultures shall not include development of or change in an • Annexation: The act or process
poultry or swine.production or open area;development of or of adding land to a governmental
animal feedlot operations. change in a sign,by painting or unit,usually an incorporated
otherwise;or other change in a place,by an ordinance,a court
• Agriculture,home: The facility,but excluding painting order,or other legal action.
production,principally for use or except as provided above for
consumption of the property signs;ordinary maintenance for • Antenna: Any system of wires,
owner,of plants,animals,or their which no building permit is poles,rods,reflecting discs,or
products and for sale to others required;and demolition or similar devices used for the
where such sales are incidental, removal. transmission or reception of
including,but not limited to: electromagnetic waves external
gardening,fruit production and • Alteration incidental: to or attached to the exterior of
poultry and livestock products for Modifications to a building or any building.
household use only. structure that are of a cosmetic
nature,replacement of utilities, • Antique Mall: A building that is
• Agriculture,intensive: rearrangement of internal partitioned to provide spaces for
Agricultural uses that include but partitions. The replacement of the sale of antiques by antique
are not necessarily limited to: (1) load bearing walls is not dealers,for items such as clocks,
slaughter areas, (2)areas for the permitted. lamps,clothing rugs,toys,
storage or processing of manure, furniture,and the like.
garbage,or spent mushroom • Alteration,structural: Any
compost,(3)structures housing change in the supporting • Apartment: A room or suite of
more than 50 animal units. members of a building or rooms,with toilet and culinary
II Under(state law)a farm is
allowed to have no more than two
structure,such as bearing walls, accommodations,used or
columns,beams,or girders; designed for use as a residence
animal units per acre,with an provided,however,that the by a family,located in a building
animal unit defined as 1,000 application of any exterior siding containing two or more such
pounds. to an existing building for the rooms or suites or located in a
purpose of beautifying and building devoted primarily to
nonresidential use.
2
create articulation of the building sale of used automobiles,panel
• Apartment hotel': A building wall and/or to provide space for truck or vans,trailers or
designed for or containing both windows or doors,provided such recreations vehicles.
apartments and individual hotel recesses are not part of the x
guest rooms under resident required public space or open • Automobile repair services:
supervision(maintaining)an space of a lot. ,,,fti Any building,structure,
inner lobby through which all E improvements,or land used for
Area of Shallow Flooding: A the repair and maintenance of
tenants must pass to gain access p
to apartments and hotel rooms. designated AO Zone on a Flood automobiles,motorcycles,trucks,
Insurance Rate Map(FIRM)with
to—P'- trailers,or similar vehicles
• Aquaculture: The hatching, base flood depths from one to including but not limited to body,
raising,and breeding of fish or three feet where a clearly defined N fender,muffler or upholstery
other aquatic plants or animals channel does not exist,where the work,oil change and lubrication,
for sale or personal use. path of flooding is unpredictable painting,tire service and sales,or
and indeterminate,and where installation of CB radios,car
• Aquifer: A geologic formation, velocity flow may be evident. r_r alarms,stereo equipment or
group of formations,or part of a SS cellular telephones.
formation that contains sufficient • Area of Special Flood Hazard:
saturated,permeable material to Land in the flood plain subject to • Automobile sales lot: Premises
yield significant quantities of a one percent or greater change on which new or used passenger
water to wells and springs. of flooding in any given year. automobiles,trailers,mobile
homes or trucks in operating
• Arcade: An area contiguous to a • Art gallery: An establishment condition are displayed in the
street or plaza that is open and engaged in the sale,loan,or open for sale or trade. Any such
unobstructed to a height of not display of art books,paintings, lot where vehicles are sold.
less than 12 feet and that is sculpture,or other works of art. Vehicles on these lots must be
accessible to the public at all This clarification does not include able to pass state vehicle
times. Any portion of an arcade libraries,museums,or non- inspection requirements.
occupied by building columns, commercial art galleries.
landscaping,statuary,pools,or • Awning: A temporary hood or
fountains shall be considered part • Art,public: Any visual work of cover that projects from the wall
of the arcade for the purpose of art displayed for two weeks or of a building and that may include
computing a floor-are premium more in an open city-owned area a type which can be retracted,
credit. The term"arcade"shall on the exterior of any city-owned folded,or collapsed against the
not include off-street parking facility,within any city-owned face of a supporting building.
areas,or open pedestrian facility in areas designated as
walkways. The floor of any public area,lobbies,or public • Banner: A mounted piece of
arcade shall be level with the assembly areas,or on non-city cloth,fabric,or other nonrigid
adjoining street,or plaza. property if the work of art is material displaying or not
installed or financed,either displaying an emblem,insignia,
• Archaeological resources: wholly or in part,with city funds motto,slogan,or other message.
Material evidence of past human or grants procured by the city. Examples of such banners
activity found below the surface include,but are not limited to,
of the ground or water,portions • Automobile Compact: Any streamers,bunting,pennants,
of which may be visible above the vehicle less than six feet wide ensigns,and standards which are
surface. and 15 feet long. not included under the definition
of flag.
• Archery range: An outdoor • Automobile Dealership: A retail
facility that may include buildings business primarily housed in a • Bar: An area primarily devoted
or structures used for target structure and characterized by a to the serving of alcoholic ,
practice with bows and arrows. mixture of related uses upon a beverages and in which the
commercial site;however,the service of food is only incidental
• Architectural principal use of the site shall be to the consumption of such
controUarchitectural review: the marketing of new or used beverages.
Regulations and procedures automobiles,whether by sale,
requiring the exterior design of rent,lease,or other commercial • Base flood: The flood,from
structures to be suitable, or financial means. Secondary whatever source,having a 1
harmonious,and in keeping with supporting uses may also exist percent chance of being equaled
the general appearance,historic upon the same site,such as or exceeded in any given year,
character,and/or style of maintenance,repair and service otherwise commonlyreferred to
surrounding areas. A process areas,parts storage areas,and as the 100-year flood.
used to exercise control over the financial service areas.
design of buildings and their • Base flood elevation: That
settings. • Automobile Dealership,new: elevation,expressed in feet
The use of any building,land above mean sea level,to which
• Architectural features: area,or other premises or portion flooding can be expected to occur
Architectural features of a thereof,for the display,sale,or on a frequency of once in every
building shall include cornices, lease of new automobiles,panel 100 years,or which is subject to
eaves,gutters,belt courses,sills, trucks or vans,trailers or a 1 percent or greater chance of
lintels,by windows,chimneys, recreational vehicles and flooding in any given year.
and decorative ornaments. including any warranty repair
work and other repair service Beauty salon: Any commercial
• Architectural recesses: conducted as an accessory use. establishment,residence,
Portions of a building wall at vehicle,or other establishment,
street level which are set back • Automobile dealership,used: place,or event wherein
from the street line so as to The use of land for the display or cosmetology is offered or
3
practiced on a regular basis for regardless of the condition of _ completed by real or perceived
compensation;may include the other properties in the environmental contamination.
training of apprentices under neighborhood.
regulations of the board. • Buffer: A strip of land,fence,or
• Block: An area of land bounded co border of trees,etc.,between one
• Bed-and-Breakfast(B&B): A by a street,or by a combination x use and another,which may or
transient lodging establishment,
generally in a single-family
dwelling and/or detached
of streets and public parks, may not have trees and shrubs
cemeteries,railroad rights-of "�' planted for screening purposes,
way,exterior boundaries of a (0 designed to set apart one use
guesthouses,primarily engaged subdivision,shorelines of
(.0
area from another. An
in providing overnight or waterways,or corporate appropriate buffer may vary
otherwise temporary lodging for boundaries. -, depending on uses,districts,
the general public and mayPQ .0 size,etc.,and shall be
provide meals for compensation. • Board of adjustment: A local c, determined by the appropriate
body,appointed by the city local board.
• Berm: An earthen mound council,whose responsibility is to PR
designed to provide visual hear appeals from decisions of • Buffer strip: A portion of a lot
interest on a site,screen the director of planning and or a land area used to visually
undesirable views,reduce noise, development and to consider ia..k separate one use from another
or fulfill other such purposes. A requests for variances and through the use of vegetation,
man-made mound of earth in exceptions. screening and distance;to shield
excess of two feet in vertical or obstruct noise illumination,
height used to shield or buffer • Boarding house: A single- visual,or other incompatibilities
properties from adjoining uses, family dwelling where more than or nuisances. A buffer is
highways,or noise,or to control two,but fewer than six rooms are measured from the common
the direction of surface water provided for lodging for definite property line of the different uses.
flow. A mound or embankment of periods of times. Meals may or
earth,usually two to six feet in may not be provided,but there is • Buffer yard: A unit of land,
height. one common kitchen facility. No together with a specified type and
meals are provided to outside amount of planting thereon,and
• Best Management Practices: guests. any structures which may be
Conservation practices or required between land uses to
systems of practices and • Borrow pit: An area from which eliminate or minimize conflicts
management measures that: (a) soil or other unconsolidated between them.
control soil loss and reduce material are removed to be use,
water-quality degradation caused without further processing,as fill • Buffer zone: An area of land
by nutrients,animal waste, for activities such as landscaping, separating two distinct land uses
toxins,and sediment; (b) building construction,or highway that acts to soften or mitigate the
minimize adverse impacts to construction and maintenance. effects of one land use on the
surface water and groundwater Any place or premises where dirt, other.
flow,circulation patters,and to soil,sand,gravel,or other
the chemical,physical,and material is removed below the • Build out: Development of land
biological characteristics of grade of surrounding land,for to its full potential.
wetlands;and(c)includes any purpose other than that
allowing proper use and storage necessary and incidental to site • Buildable area: The area of a
of fertilizers/pesticides. grading or building construction. lot remaining after the minimum
yard and open space
• Big-box retail: A singular retail • Boundary: A line,which may or requirements of the zoning
or wholesale user who occupies may not follow a visible feature, ordinance have been met.
no less than 75,000 square feet that defines the limits of a
of gross floor area,typically geographic entity such as a • Building,unsafe: All buildings
requires high parking to building block,block numbering area, or structures that have any or all
area ratios and has a regional census tract,county,or place. of the following defects shall be
sales market. Regional deemed dangerous buildings: A.
retail/wholesale sales can • Breakaway Wall: A wall that is Whenever the building or
include,but are not limited to, not part of the structural support structure or any portion thereof,
membership warehouse clubs of the building and is intended because of(1)dilapidation,
that emphasize bulk sales, through its design and deterioration,or decay;(2)faulty
discount stores,and department construction to collapse under construction;(3)the removal,
stores. specific lateral loading forces movement,or instability of any .
without causing damage to the portion of the ground necessary
• Billboard: A billboard is any off- elevated portion of the building or for the purpose of supporting
site sign and governed by those the supporting foundation such building;(4)the
sections regarding off-site signs. system. deterioration,decay,or
inadequacy of its foundation;or
• Blight: Unsightly condition • Breezeway: A structure for the (5)any other cause,is subject to
including the accumulation of principal purpose of connecting structural failure under its design
debris,litter,rubbish,or rubble; the main building or buildings on usage. B. Whenever the
fences characterized by holes, a property with other main building or structure has been so
breaks,rot,crumbling,cracking,
peeling or rusting;landscaping
buildings or accessory buildings. damaged by fire,wind,
earthquake,or flood,or has
that is dead,characterized by • Brownfield: Abandoned,idled, become(1)an attractive
uncontrolled growth or lack of or underused industrial and nuisance to children;(2)a harbor
maintenance,or damaged;and commercial facilities where for vagrants,criminals,or
any other similar conditions of expansion or redevelopment is immoral persons;or as to(3)
disrepair and deterioration enable persons to resort thereto
4
for the purpose of committing on which the building is located is --- terms of occupants,seats,
unlawful or immoral acts. C. conducted. persons,employees,or other
Whenever a building or structure, T units specified by the building
because of inadequate • Cabin/cottage: Living quarters code.
maintenance,dilapidation,decay, in a building separate from and in R
damage,faulty construction or addition to the main residential • Capital improvement: Any
arrangement,inadequate light,air building on a lot,used for 4.
R physical asset constructed or
or sanitation facilities,or
intermittent or temporary s o purchased to provide,improve or
otherwise is determined by the occupancy by non-paying guests; replace a public facility and which
City or County Health Officer to provided that the quarters have is large scale and high in cost.
be unsanitary,unfit for human no kitchen,cooking facilities,or o o The cost of a capital
habitation or in such a condition kitchen sink. The quarters shall improvement is generally
that is likely to cause sickness or not be rented,leased,or ;; <, nonrecurring and may require
disease. D. Whenever any otherwise made available for C` multi-year financing.
building or structure,because of compensation of any kind.
obsolescence,dilapidated 01 • Capital improvements budget:
condition,deterioration,damage, • Cabinet or Woodworking Shop: CI The capital improvement program
inadequate exits,lack of sufficient Any business that stores,saws, I put into dollars and cents terms,
fire resistive construction,faulty shapes,or fabricates wood indicating the prorated amount to
electric wiring,gas connections products for assembly on or off of be expended for each project
or heating apparatus,or other the premises. listed over a given period,and
cause is determined to be a fire including the sources of revenue.
hazard. E. Whenever any • Caliper: A horticultural method
portion of a building or structure of measuring the diameter of • Capital improvements element
remains on a site after the nursery stock.For trees less than (CIE): That portion of the
demolition or destruction or four inches in diameter,the Comprehensive Plan
whenever any building or measurement should be taken at which...guides the provision of
structure is vacant and open to six inches above ground level. the needed capital improvements
unauthorized entry for a period in For trees greater than four inches identified in the other plan
excess of six months so as to in diameter up to and including elements.
constitute such building or portion 12 inches,the caliper
thereof an attractive nuisance or measurement must be taken at • Capital improvements program
hazard to the public. F. 12 inches above the ground level. (CIP): A proposed schedule of
Whenever the exterior walls or For trees greater than 12 inches all future projects listed in order
other vertical structural members in diameter,the trunk is of construction priority together
list,lean or buckle to such an measured at breast height with cost estimates and the
extent that a plumb line passing (diameter at breast height or anticipated means of financing
through the center of gravity does DBH),which is 4.5 feet above the each project.Included are all
not fall inside the middle one-third
of the base. G. Whenever the
building or structure,exclusive of •
ground. major projects requiring the
expenditure of public funds,over
Camp/recreation: An and above the annual local
the foundation,shows 33 percent establishment consisting of a government's operating
or more damage or deterioration permanent building or group of expenses,for the purchase,
of its supporting member or permanent buildings used construction,or replacement of
members,or 50 percent damage periodically by an association of the physical assets for the
or deterioration of its persons where seasonal community.
nonsupporting members, accommodations for recreational
enclosing or outside walls or purposes are provided only to the • Car wash,industrial:
coverings. H. Whenever any members of such association and Mechanical facilities for the
portion thereof has been not anyone who may apply. washing,waxing,and vacuuming
damaged by fire,earthquake, of automobiles,heavy trucks,and
wind,flood,or by any other • Campground: Temporary or buses.
cause,to such an extent that the permanent buildings,tents,or
structural strength or stability , other structures established or • Car wash,self-service: A car
thereof is materially less than itmaintained as a temporary living. wash wherein the customer
was before such catastrophe. I. quarter,operated continuously for provides labor and where no self-
Whenever any portion or member a period of five days or more for propelled wash racks are
or appurtenance thereof is likely recreation,religious,education, provided.
to fail,or to become detached or or vacation purposes.
dislodged,or to collapse and •
thereby injure persons or damage Carnival:ortlA traveling o or
• Candlepower: Luminous transportable group or
property. intensity expressed in candelas. aggregation of rides,shows,
The amount of light that will games or concessions or any
• Building,detached: Any illuminate a surface one foot combination thereof.
building or structure separated by distant from a light source to an
at least five feet in horizontal intensity of one footcandle. • Carport: A permanent roofed
distance from any other building Maximum(peak)candlepower is structure permanently open on at
or structure. the largest amount of least two sides,designed for or
candlepower emitted by any occupied by private passenger
• Building frontage: Those
building elevations that face upon
•
a road or parking area between
lamp,light source,or luminaire. vehicles.
Capacity: The maximum lawful • Carrying capacity analysis:
the building and the road. level of designed use of any Used in determining the potential
structure,or part thereof,as of an area to absorb
• Building,principal: A building determined by the city's adopted development. (1) The level of
in which the primary use of the lot building code and expressed in land use,human activity,or
5
development for a specific area limited to churches mosques, roadway and railroad track edges
that can be accommodated synagogues,or other religious from the intersection of the
permanently without an , institutions. Not included in this o roadway edges,or roadway edge
irreversible change in the quality definition are social organizations - and railroad track and connecting
of air,water,land,or plant and and clubs. x. those points,and vertically by
animal habitats. (2) The upper measuring between three feet
iilimits of development beyon •d
II
which the quality of human life,
Child care center: Any place and 10 feet into the lot as
operated by a person,society, ,`a measured from the sidewalk
health,welfare,safety,or agency,corporation,institution, f, u edge that is closest to the
community character within an or any other group that is property line(or from the property
area will be impaired. (3) The licensed by the state wherein are line if no sidewalk exists),and 20
maximum level of development received seven or more children N feet along the sidewalk edge(or
allowable under current zoning. under 17 years of age who are ren property line if no sidewalk exists)
A measure of the ability of a not related to such person and parallel to the street,and
region to accommodate the whose parents or guardians are ; vertically by measuring between
growth and development within not residents in the same house '-•: three feet and 10 feet above
the limits defined by existing and with such person,society, " grade. An area of unobstructed
infrastructure and nature agency,corporation,or institution ` vision at street intersections
resource capabilities. responsible for the control and between three and eight feet
care of children enrolled therein. above the gutter line and within a
• Catering service: An A facility other than a private triangular area at the street
establishment that serves and residence,receiving one or more corner,which area is bounded
supplies food to be consumed off minor children for care for by: (1) The street property lines
premises. periods of less than 24 hours a of the corner lot and a line
day,and where the parents or connecting points 25 feet distant
• Central business district guardians are not immediately from the intersection of the
(CBD): A business,office,and available to the child. Child care property lines of such lot;or(2)
residential district to provide a full center or day care center does The curb lines of an intersection
range of services,and a variety not include a facility that provides and a line connecting points 35
of uses in a downtown care for less than two - feet distant from the corner of the
atmosphere. consecutive weeks,regardless of intersection,such corner
the number of hours or care per determined by projecting the curb
• Certificate of appropriateness: day. The facility is generally lines out to a specific point,
A permit issued by the historic described as child care center, whichever is the lesser.
architecture review board day care center,day nursery,
granting an applicant approval for nursery school,parent • Clubhouse: A building to house
the alteration,change, cooperative pre-school,play a club or social organization not
demolition,relocation, group,or drop-in center. Child conducted for private profit,as
excavation,or new construction
of contributing site,contributing
care center or day care center documented by state or federal
does not include a Sunday school records,and which is not an
structure,or noncontributing site conducted by a religious adjunct to or operated by or in
in an historic district. organization where children are connection with a public tavern,
cared for during short periods of cafe,or other public place.
• Certificate of completion: A time while persons responsible
written document required prior to for such services are attending • Cluster development: A
occupancy,issued for a use upon religious activities. An development design technique
a developer's compliance with establishment that provides that concentrates buildings in
the provisions of this code and regular shelter,care,activity,and specific areas on a site to allow
any applicable development supervision(with or without remaining land to be used for
agreement. academic instruction)for five or recreation,common open space,
more children. or the preservation of historically
• Certificate of occupancy: A or environmentally sensitive
document issued by the proper • Child day care home: A private features. A residential use that
authority allowing the occupancy home in which more than six but divides land into not more than
or use of a building and certifying not more than 12 minor children the number of lots permissible in
that the structure or use has been are given care and supervision a conventional subdivision of the
constructed or will be used in for periods of less than 24 hours same property in the same zone,
compliance with all the applicable a day,unattended by a parent or but where the size of individual
municipal codes and ordinances. legal guardian,except children lots may be reduced in order to
related to an adult member of the gain common open space.
• Change of occupancy: A family by blood,marriage,or Development in which a number
discontinuance of an existing use adoption. Group day care home of dwelling units are placed in
of a different kind or class. includes a home that gives care closer proximity than usual,or
Change of occupancy is not to an unrelated minor child for are attached,with the purpose of
intended to include a change of more than four weeks during a retaining an open space area.
tenants or proprietors unless calendar year. The site planning technique of
accompanied by a change in the grouping dwelling units around
type of use. • Clear-cutting: Removal of an courts,parking areas,common
entire stand of trees and shrubs. open spaces and private drives
• Charitable organization:
•Nonprofit organizations that are
supported primarily by charity
as opposed to fronting all on a
Clear vision triangle: The public street.
vision triangle at a street
and whose principal function is intersection or street and railroad • Coffee house: An informal
the performance of charitable intersection shall be formed restaurant primarily offering
works or religious activities. This horizontally,by measuring 40 feet coffee,tea,and other beverages,
definition shall include but not be along the roadway edges or and where light refreshments and
6
limited menu meals may alio be • Condominium: A multiple Such stores do not include those
sold. dwelling or development e, selling vehicle,auto parts,scrap
containing individually owned x or waste.
• Commercial use: A land-use dwelling units and jointly owned u,
classification that permits and shared areas and facilities, " • Consistent: Free from variation
facilities for the buying and selling which dwelling or development is , or contradiction. Programs in the
of commodities and services. subject to the provisions of(state General Plan are to be
and local laws). Real estate, °i '4 consistent,not contradictory or
• Common area: Land within a portions of which are designated preferential. State law requires
development,not individually for separate ownership and the Pala between a general
owned or dedicated for public remainder of which is designated plan and implementation
use,which is designed and for common ownership solely by o� measures such as the zoning
intended for the common use or the owners of those portions. ordinance.
enjoyment of the residents of the Real estate is not a condominium
development. May include unless the undivided interests in _'. • Construction field office: A
complementary structures and, the common elements are vested U'r mobile home,travel trailer,truck
improvements. in the unit owners. The trailer,and/or other structure
ownership of individual dwellingt;I used as an office in conjunction
• Communication Tower: Any units located on a lot or lots with a construction project. Only
structure over thirty feet in height which are owned in common by one construction or field office
above ground level designed to individual unit owners,or any shall be allowed per construction
support antennas or transmission division of the interests in real site.
cables. property,including easements
and leases of over five years,that • Contiguous: In contact,
• Compatibility: The have the effect of permitting more, adjoining,or touching another
characteristics of different land than one dwelling unit on a lot object or item,as distinguished
uses or activities that permit them without the division of the fee from being adjacent.
to be located near each other in simple interest in said lot.
harmony and without conflict. It • Contributing building: A
is a general but important • Cone of Influence:Zones building within an historic district
concept which forms the basis for delineated by iso-travel time that the city finds is consistent
the separation of uses,through contours and the one foot with the description of the
zoning,into districts. drawdown contour within cones characteristics of the historic
of depression of wells which district,justifying its designation
• Compatible: (1)Having obtain water from the unconfined and is in substantially original
harmony in design and/or or surficial aquifer system. These condition,has had minimal
appearance between two or more zones are calculated,based on changes to the defining
attributes of a structure;(2) the rate of movement of characteristics of the building,or
III Having harmony in design and/or groundwaters in the vicinity of has been appropriately restored
appearance between two or more
structures; (3)Having harmony in
wells at a specific pumping rate. to a substantially original
condition. Contributing buildings
design and/or appearance • Conservation: The may have been previously altered
between two or more attributes of management of natural resources with compatible additions.
a neighborhood;or(4)Having to prevent waste,destruction,or
harmony in use or function degradation. • Convalescent center: A
between two or more attributes of building wherein for
a neighborhood or area. • Conservation element: One of compensation,nursing care is
the seven state-mandated provided for persons suffering
• Comprehensive plan: A plan elements of a local general plan, from illness,other than mental or
for development of an area it contains adopted goals, contagious,which is not of
which recognizes the physical, policies,and implementation sufficient severity to require
economic,social,political, programs for the conservation, hospitalization,or persons
aesthetic,and related factors of development,and use of natural requiring further institutional care
the community involved. resources,including water and its after being discharged from a
hydraulic force,forests,soils, hospital other than a mental
• Concurrency management rivers,and other waters,harbors, hospital. Occupancy of a
system: The process used to fisheries,wildlife,minerals,and convalescent home by any
determine that public facilities other natural resources. patient shall not exceed 30 days
and services needed to support within any calendar year.
development are available • Consignment store: A retail
concurrent with the impacts of establishment engaged in selling • Convenience store: A small
such development. used merchandise,such as retail establishment,usually
clothing,furniture,books,shoes, located within or associated with
• Conditional zoning: The or household appliances,on another use,that offers for sale
attachment of special conditions consignment,or retail convenience goods,such as
'to a rezoning that are not spelled establishment engaged in selling prepackaged food items,
out in the text of the zoning donated used merchandise that tobacco,periodicals,and other•
chapter. Conditions can include is operated by an organization household goods.
restrictions as to use,size, granted federal tax exemption
design,and development timing
and can be stipulated by the city
pursuant to section 501(c)(3)of • Cornice: Any horizontal
the Internal Revenue Service member,structural or
council as a means to mitigate Code as amended. Merchandise nonstructural,of any building,
potential adverse impacts that is brought to the establishment projecting outward from the
could be expected to occur and processed by marking, exterior walls at the roof line,
without imposing such conditions. cleaning,sorting,and storing as a including eaves and other roof
major part of the principal use. overhang.
7
consideration for land areas - Developable acres,net: The
• Cost-benefit analysis: An required for road rights-of-way, area within the development
analytic method whereby the easements,and other 0 boundaries,not including areas
actual and hidden costs of a nonresidential uses. However,in for public or private streets,
proposed project are measured using gross area to compute c' driveways,or utility easements.
against the benefits to be allowable dwelling units,the
received from the project. overall area of the parcel shall be Developer's agreement: An
adjusted by subtracting the area ca agreement by a developer with
• Day care center: A place other of any sub parcel of unbuildable o,,, the city that clearly establishes
the developer responsibility
than an occupied dwelling that or submerged lands, In "•
provides for the care of children computing the maximum o regarding project phasing,the
or adults;or a large care home. allowable density for any parcel, provision of public and private
Those receiving care are not all any fractional dwelling count shall -( facilities,and improvements and
related to each other by blood or be equal to zero dwelling units. any other mutually agreed to
marriage and are not legal wardsterms and requirements.
or foster children of the attendant • Density,net: The numerical i,,
adults,and for which care a value obtained by dividing the kil • Development impact fees: A
payment,fee,or grant is made. total number of dwelling units in a tan fee or fees imposed upon a
Of those receiving care,only development by the area of the developer to pay for the costs to
dependents of a large care home actual tract of land(in acres) the city of providing services and
operator may reside on the site. upon which the dwelling units are infrastructure required in
proposed to be located and response to a new development.
• Decibel A-weighted(dBA): A including common open space
unit for describing the amplitude and associated recreational - • Development of regional
of sound as measured on a facilities within the area;the impact(DRI): Any development
sound level meter using the A- result being the number of that,because of its character,
weighting network. dwelling units per net residential magnitude,or location,would
acre of land. Net density have a substantial effect upon the
• Delicatessen: An establishment calculations exclude rights-of-way health,safety,or welfare of
where food is sold for of publicly dedicated streets and citizens of more than one county.
consumption off-premises and no private streets. The total number
counters or tables for on- of dwelling units divided by the • Development permit: A permit
premises consumption of food net project area. In determining signifying compliance with the
are provided,but excludes net density,all land area provisions of this ordinance as to
groceries and supermarkets. associated with and accessory to design, use,activity,height,
the dwelling unit,including private setbacks,density,site planning,
• Density: The number of dwelling- streets and driveways,off-street special use status,and/or
units situated on or to be parking facilities,and common planned unit development status.
developed on a net acre(or
smaller unit)of land,which shall
. be calculated by taking the total
open space and recreational
facilities,shall be included in the Development rights: The right
calculation. Net density to develop land by a land owner
gross acreage and subtracting calculations exclude rights-of-way • who maintains fee simple
surface water, undevelopable of publicly dedicated streets and ownership over the land or by a
lands(e.g.,wetlands)and the nonresidential structures,land party other than the owner who
area in rights-of-way for streets uses and accessory facilities. has obtained the rights to
and roads. develop. Such rights usually are
• Design review/design control: expressed in terms of density
• Density bonus: The granting of The comprehensive evaluation of allowed under existing zoning.
the allowance of additional a development and its impact on For example,one development
density in a development in neighboring properties and the right may equal one unit of
exchange for the provision by the community as a whole,from the housing or may'equal a specific
developer of other desirable standpoint of site and landscape number of square feet of gross
amenities from a public design,architecture,materials, floor area in one or more
perspective(e.g.,public open colors,lighting,and signs,in specified zone districts.
spaces,plazas,art,landscaping, accordance with a set of adopted
etc.). criteria and standards. Design • Diameter at breast height
control requires that certain (DBH): Diameter at breast
• Density,gross: The numerical specific things be done and that height,or the diameter in inches
value obtained by dividing the other things not be done. Design of a tree measured at four and
total number of dwelling units in a control language is most often one-half feet above the existing
development by the gross area of found within a zoning ordinance. grade.
the tract of land(in acres)within Design review usually refers to a
a development. This would system set up outside of the • Downzoning: A change in the
include all nonresidential land zoning ordinance,whereby zoning classification of land to a
uses and private streets of the projects are reviewed against classification permitting
development,as well as rights-of- certain standards and criteria by development that is less intensive
way of dedicated streets;the a specially established design or dense,such as from multi-
result being the number of review board or committee. family to single family or from
dwelling units per gross acre of commercial to industrial to
land: • Detention area: An area that is residential. A change in the
designed to capture specific opposite direction is called
• Density,maximum allowable: quantities of stormwater and to "upzoning."
The number of dwelling units gradually release the stormwater
allowed on a parcel of land based at a sufficiently slow rate to avert • Drainage: (1)Surface water
upon the gross,overall area of flooding. runoff;and(2)The removal of
the parcel without any surface water or groundwater
8
from land by drains,grading,or • Easement: A grant by a property ________, linen,and organized social
other means that include runoff owner to the use of land by the activities.
controls to minimize erosion and public,a corporation,or persons
sedimentation during and after for specific purposes as the c • Elderly housing,lifecare or
construction or development,the construction of utilities,drainage 7.7i continuing care services:
means for preserving the water ways and roadways. These were the traditional church
supply,and the prevention or
alleviation of flooding.
or social welfare organization run
Easement,access: An retirement centers where
easement created for the residents turn their entire assets
• Drip line: An imaginary vertical •
purpose of providing vehicular or in exchange for housing,
line that extends from the pedestrian access to a property. o ,•�• personal care,convenience care,
outermost branches of a tree's and some health care. Recently,
canopy to the ground. • Eave: The projecting lower ;,� some of these centers developed
edges of a roof overhanging the other financial arrangement
• Driveway,common: A driveway wall of a building. (instead of turning over all
shared by adjacent property (Jj assets)for those who want these
owners and privately owned and • Elderly housing: A multiple- a';t services. Other terms used for
maintained. family structure,controlled by u; such establishments are:
either a public body,institutional endowment facilities,founder's
• Driveway,cross access: A body,or nonprofit corporation,80 care facilities,continuing care
service drive providing vehicular percent of whose occupants shall retirement centers,etc.
access between two or more be 65 years of age or over,or a
continuous sites so the driver multiple-family structure where • Elderly housing,residential
need not enter the public street each unit is occupied by at least care facility: A facility that
system. one person who is 55 years of provides primarily nonmedical
age or over and is retired,and resident services to seven or
• Duplex: A structure containing where the rental arrangement more individuals in need of
two dwelling units,each of which includes a requirement that all personal assistance essential for
has direct access to the outside. members of each household sustaining the activities of daily
consume at least one meal per living,or for the protection of the
• Dwelling: A building or part of a day in a congregate dining facility individual,excluding members of
building,containing living, contained within the multiple- the resident family or persons
sleeping,housekeeping family structure employed as facility staff,on a
accommodations,and sanitary 24-hour a day basis.
facilities for occupancy by one or • Elderly housing,assisted
more families. A building,or living: Services in these • Elderly/retirement housing: A
structure of portion thereof, establishments include residential complex containing
designed for occupancy by one assistance with daily activities, multifamily dwellings designed for
family for residential purposes as such as dressing,grooming, and principally occupied by
a single housekeeping unit. In no
case shall a motor home,trailer
bathing,etc. These are also senior citizens. Such facilities
referred to as board and care may include a congregate meals
coach,automobile chassis,tent, establishments. program in a common dining
or portable building be area,but exclude institutional
considered a dwelling. • Elderly housing,congregate care such as medical or nursing
care facility: Funded through care and are distinguished from
• Dwelling,multifamily: A the 1978 Congregate Housing life care retirement centers as
dwelling or group of dwellings on Services Act,many of these elsewhere defined.
one lot,containing separate living establishments served meals and
units for three or more families, other services in low-income and • Employee parking area: The
having separate or joint federally subsidized housing. portion of total required parking at
entrances,and including Now,many establishments a development used by on-site
apartments,group homes,row provide such services to other employees. Unless specified in
house,and condominiums;also nonsubsidized housing facilities the city's zoning/building code,
multiple dwellings and the services they offer employee parking shall be
include housekeeping,laundry, calculated as follows:
• Dwelling,single-family: A transportation,recreational commercial: 30 percent(devoted
structure designed for occupancy programs,and other convenient to employees);
by one family. A building stores. A facility for long-term Office/professional: 85 percent;
designed exclusively for and residence exclusively by persons Industrial/manufacturing: 90
occupied exclusively by one 60 years of age or older,and percent.
family. which shall include,without
limitation,common dining and • Endangered species: A species
• Dwelling,three-family: A social and recreational features, of animal or plant is considered to
building designed exclusively for special safety and convenience be endangered when its
or occupied exclusively by no features designed for the needs prospects for survival and
more than three families living of the elderly,such as emergency reproduction are in immediate
independently of each other in call systems,grab bars and jeopardy from one or more
three separate dwelling units. handrails,special door hardware, causes.
cabinets,appliances,
• Dwelling unit: A single unit passageways,and doorways • Extraction: A contribution or
providing complete,independent
living facilities for one or more
designed to accommodate payment required as an
wheelchairs,and the provision of authorized precondition for
persons,including permanent social services for residents receiving a development permit;
provisions for living,sleeping, which must include at least two of usually refers to mandatory
eating,cooking,and sanitation. the following: meal services, dedication(or fee in lieu of
transportation,housekeeping,
9
dedication)requirements found in intended for occupancy or permeable and impermeable
many subdivision regulations. storage. strata such that excess rainfall
not lost by evapotranspiration or
• Façade: The exterior wall of a • Floor area ratio(FAR): The runoff is retained and stored in
building exposed to public view or floor area of a building or subterranean porous layers of
that wall viewed by persons not buildings on a lot divided by the soil. (Components of such a
g-
within the building. lot area. (See illustration on Pg. system could include ponds,
111
10) wetland swales,bay forests,
• " Farmer's Market: The offering dunes,and marsh.)
for sale of fresh agricultural
products directly to the consumer Group home: One main
at an open air market designated F a-�F�'�. 11111110„ system
building,or portion thereof,on
by the council as a community one zoning lot that is licensed by
activity. The seasonal selling or / the commissioner of health as a
offering for sale at retail of home- ` rooming and/or boardinghouse
grown vegetables or produce, N..... ..7"/ and receives 50 percent or more
occurring in a pre-designated � of its residents under a contract
area,where the vendors areor other arrangement with the
generally individuals who have state or local government human
raised the vegetables or produce services agency..Provides
or have taken the same on i
� lodging for people who are
consignment for retail sale. ; E—zo FAsr�.. � mentally ill or chemical)
dependent.
• Fee simple: A form of land `�
ownership that includes all ` Growth management: The use
property rights,including the right ` K .....,.. by a community of a wide range
to develop land. of techniques in combination to
FLOM APEA IZAT10 / determine the amount,type,and
• Fence,decorative: A designed rate of development desired by
open or solid fence or wall that :7o% the community and to channel
meets all of the following: a. It .. that growth into designated
contributes to the identification • Garage apartment: A structure areas. Growth management -
and beauty of the principal use; above a private garage in which policies can be implemented
b. It is not erected to satisfy any provision is made for one 4N through growth rates,zoning,
other provision of this code;c. It dwelling unit. ' (0 capital improvement programs,,-
does not act as a retaining . '— public facilities ordinances,urban
structure;d. It is made of • Grade: The average level of the101, limit lines,standards for levels of
material that typically is not found finished surface of the ground °, service,and other programs.
Sin security structures,such as adjacent to the exterior walls of The use by a community of a
chain link;e. It is not available the building. c, wide range of techniques in
for purchase in stores. combination to permit it to
• Grading: The act of excavation determine its own amount,type,
• Flea market: An outdoor or filling or combination thereof oruri and rate of growth,and channel it
commercial activity,not including any leveling to a smooth into designated areas.
shopping centers,individual retail horizontal or sloping surface on a
operations,or sales conducted by property,but not including normal i •. Guest house: An attached or
a non-profit or charitable cultivation associated with an detached building that provide s
organization,that is open to the agricultural operation. living quarters for guests and(a) -
general public and composed of contains no kitchen or cooking
five or more semi-enclosed or • Grandfathered: Describes the facility;(b)is clearly subordinate
outdoor stalls,rooms,stands,or status accorded certain and incidental to the principal
spaces used for the purpose of properties,uses,and activities residence on the same building
display and sale,exchange,or that are legally existing prior to site;and(c)is not rented or
barter of merchandise. the day of adoption of the zoning leased,whether compensation be
ordinance or provisions of the direct or indirect. An attached or
• Flood Hazard Boundary Map zoning ordinance. detached accessory building
(FHBM): An official map used by used to house guests of the
the Federal Emergency • Groundwater: Water that occurs occupants of the principal
Management Agency where the beneath the land surface,also building,and which is never
boundaries of the area of special called subsurface water or rented or offered for rent
flood hazard have been defined subterranean water. ,
as`Zone A". - . Groundwater includes water in • Health care facility: A facility or
the zone of saturation of a water- institution,whether public or
• Flood Insurance Rate Map bearing formation private,principally engaged in
(FIRM): An official map on which providing services for health
the Federal Emergency • Groundwater recharge: The ' maintenance,diagnosis or
Management Agency has natural process of infiltration and treatment of human diseases,
delineated both the areas of percolation of rainwater from land pain,injury,deformity or physical
special flood hazard and the risk areas or streams through condition,including,but not
premiumzones applicable to the permeable soils into water limited to,a general hospital,
community. holding rocks that provide diagnostic center,treatment
underground storage("aquifers"). center,rehabilitation center,
• Floor area,gross: The total extended care center,nursing _
area of a building measured by • Groundwater recharge area: A home,intermediate care facility,
taking the outside dimensions of catchment basin or watershed outpatient laboratory,or central
the building at each floor level underlain by layers of alternating
10
services facility serving one or • Impervious surface: Any hard-
more such institutions. • Housing,low-income: Housing o surfaced,man-made area that
that is affordable,according to 'o does not readily absorb or retain
• Historic preservation: The the U.S.Department of Housing r.+ water,including,but not limited
preservation of historically and Urban Development,for to,building roofs,parking and
significant structures and either home ownership or rental, Pra driveway areas,graveled areas,
neighborhoods until such time as, and that is occupied,reserved,or sidewalks,and paved recreation
and in order to facilitate, marketed for occupancy for areas.
restoration and rehabilitation of households with a gross kJ
the building(s)to a former household income that does not ;, Impervious surface ration(ISR:
A ratio derived by dividing the
condition. exceed 50 percent of the median
gross household income for amount of the site that is covered
• Historic structure: Any households of the same size -) by any material that substantially
structure that is: (a)listed within the housing region in which reduces or prevents the
individually in the National the housing is located. 4,31 infiltration of stomiwater by the
Register of Historic Places(a F :'3 total horizontal area of the lot.
by Impact: The effect of any direct Impervious surfaces include,but
listingmaintained the •
Department of Interior)or man-made actions or indirect are not limited to,roofs,streets,
preliminarily determined by the repercussions of man-made sidewalks,and parking lots paved
Secretary of the Interior as actions on existing physical, with asphalt,concrete,
meeting the requirements for social,or economic conditions. compacted sand,compacted
individual listing on the National The effect on the local public gravel,or clay.
Register;(b)certified or facilities in a given area produced
preliminarily determined by the by the additional population • Improvement: Any building,
Secretary of the Interior as attracted by development. structure,bridge,work of art,
contributing to the historical area,parking facility,public
significance of a registered • Impact fee: A payment of facility,fence,gate,wall,
historic district or a district money imposed by city on landscaping,or other object
preliminarily determined by the development activity pursuant to constituting a physical addition to
Secretary to qualify as a this chapter as a condition of real property,or any part of such
registered historic district;(c) granting development approval addition.
individually listed on a state and/or a building permit in order
inventory of historic places in to pay for the planned facilities • Industry,heavy: A use engaged
states with historic preservation needed to serve new growth and in the basic processing and
programs that have been development activity. "Impact manufacturing of materials or
approved by the Secretary of fee"does not include a products predominately from
Interior;or(d)individually listed reasonable permit fee,an extracted or raw materials,or a
on a local inventory of historic application fee,the administrative use engaged in storage of or
places in communities with fee for collecting and handling manufacturing processes using
historic preservation programs
that have been certified either:
impact fees,the cost of reviewing flammable or explosive materials,
independent fee calculations,or or storage or manufacturing
(1)by an approved state program the administrative fee required for processes that potentially
as determined by the Secretary an appeal. involved hazardous or commonly
of the Interior;or(2)directly by recognized offensive conditions.
the Secretary of the Interior in • Impact fee,transportation: The
states without approved impact fee designated to pay for • Industry,light: A use engaged
programs. public streets and roads. A in the manufacture,
payment of money required from predominately from previously
• Home occupation: An development,as a condition of prepared materials,of finished
occupation carried on in a development approval,to pay for products or parts,including
dwelling unit by the resident transportation facilities needed to processing,fabrication,
thereof;provided that the use is serve new growth and assembly,treatment,packaging,
limited in extent and incidental development and that is incidental storage,sales and
and secondary to the use of the reasonably related to the new distribution of such products,but
dwelling unit for residential development that creates excluding basic industrial
purposes and does not change additional demand and need for processing.
the character thereof. transportation facilities,that is a
proportionate share of the cost of • Infill: Development or
• Homeowner's association: An the public facilities,and that is redevelopment of land that has
incorporated nonprofit used for facilities that reasonably been bypassed,remained
organization operating under benefit the new development. A vacant,and/or is underused as a
recorded land agreements transportation impact fee may be result of the continuing urban
through which: (a)each lot used to pay for system development process. Generally,
owner is automatically a member; improvement costs previously the areas and/or sites are not
and(b)each lot is automatically incurred by the city,to the extent particularly of prime quality,
subject to a proportionate share that new growth and however,they are usually served
of the expenses for the development will be served by by or are readily accessible to the
organization's activities,such as the previously constructed infrastructure(services and
maintaining common property. improvements,provided such fee facilities)provided by the
shall not be imposed to make up applicable local governmental
• Hotel: A building in which
lodging is provided and offered to
for any system improvement entity. Use of such lands for new
deficiencies. A transportation housing and/or other urban
the public for compensation,and impact fee does not include a development is considered a
which is open to transient guests reasonable permit or application more desirable alternative than to
and is not a rooming or boarding fee. continue to extend the outer
house as herein defined. development pattern laterally and
11
horizontally thus necessitating a use or resale at a later date. Development that occurs well
higher expenditure for capital Banked lands have been used for beyond the existing limits of
improvements than would be development of low-and development and thus leaves
required for infill development. moderate-income housing, T.:: intervening vacant land behind.
The use of infill development, expansion of parks,and f: This bypassing of the next-in-line
among others,promotes the best development of industrial and lands at the urban fringe results
use of resources and also will commercial centers. Federal rail in the haphazard shotgun pattern
tend to have a positive impact banking law allows railroads to ti l�' of urbanization known as
upon the tax and other fiscal bank unused rail corridors for w "sprawl".
policies. future rail use while allowing
interim use as trails. ° • Level of service standard
• Infill development: ', (LOS),traffic: A scale that
Development of vacant,skipped- • Land clearing: The removal of w a.7: measures the amount of traffic
over parcels of land in otherwise vegetation from any site,parcel that a roadway or intersection
built-up areas. Local or lot except when land is cleared (i can accommodate,based on
governments are showing and cultivated for bona fide such factors as maneuverability,
increasing interest in infill agricultural or garden use in a '' driver dissatisfaction,and delay.
development as a way of district permitting such use. to Level of Service A indicates a
containing energy costs and Mowing,trimming,pruning,or relatively free flow of traffic,with
limiting costs of extending removal of vegetation to maintain little or no limitation on vehicle
infrastructure into newly it in a healthy,viable condition is movement or speed. Level of
developing areas. Infill not considered clearing. Service B describes a steady flow
development also provides an of traffic,with only slight delays in
attractive alternative to new • Land use element: A plan or vehicle movement and speed. All
development by reducing loss of scheme designating the location queues clear in a single signal
critical and resource lands to new and extent of use for agriculture, cycle. Level of Service C
development and by focusing on timber production,housing, denotes a reasonably steady,
strengthening older commerce,industry,recreation, high-volume flow of traffic,with
neighborhoods. open spaces,public utilities, some limitations on movement
public facilities,and other land and speed,and occasional
• Ingress: Access or entry point or uses as required by the(state's) backups on critical approaches.
entrance. Growth Management Act. Level of Serve D designates the
level where traffic nears an
• Intensity,land-use: The range • Landscaped visual barrier: unstable flow. Intersections still
or scale or concentration of Evergreen trees,and/or function,but short queues
findings,often measured by floor evergreen shrubs providing develop and cars may have to
area ratios or building coverage. equivalent buffering,planted to wait through one cycle during
The magnitude of activity provide a year-round dense short peaks. Level of Service E
affecting the development of screen within three years from represents traffic characterize by
densities,traffic flow, the time of planting. slow movement and frequent.
commercialism,tourism,and land (although momentary)stoppages.
use. Any ratio that assesses the • Landscaping,interior: A This type of congestion is
relative level of activity of a land landscaped area or areas within considered severe,but is not
use,including,but not limited to, the shortest circumferential line uncommon at peak traffic hours,
a floor area ratio,building defining the perimeter or exterior with frequent stopping,
coverage ratio,or impervious boundary of the parking or longstanding queues,and
surface ratio. loading area,or similar paved blocked intersections. Level of
area,excluding driveways or Service F describes
• Junkyard: A building structure, walkways providing access to the unsatisfactory stop-and-go traffic
or parcel of land,or portion facility(as applied to parking and characterized by"traffic jams"
thereof,used for collecting, loading facilities or to similar and stoppages of long duration.
storage,or sale of waste paper, paved areas). Vehicles at signalized
rags,scrap metal,rubber tires, intersections usually have to wait
bottles,or discarded material. • Landscaping,perimeter: A through one or more signal
Where such materials are a landscaped area adjoining and changes,and"upstream"
byproduct of a permitted use, outside the shortest intersections may be blocked by
such activity shall be considered circumferential line defining the the long queues.
outdoor storage. perimeter or exterior boundary of
the parking or loading area,or . • Live-work quarters: Buildings
• Kennel: Any premises,except similar paved area,excluding or spaces within buildings that
where accessory to an driveways or walkways providing are used jointly for commercial
agricultural use,where domestic access to the facility(as applied and residential purposes where
animals,such as dogs and cats, to parking and loading facilities or the residential use of the space is
are boarded,trained,or bred. to similar paved areas). secondary or accessory to the
primary use as a place of work.
• Kiosk: A freestanding structure • Large Retail Project: Any new
upon which temporary commercial retail building,whose • Loading space: An off-street
information and/or posters, total gross leasable area equals space on the same lot with a
notices,and announcements are or exceeds 25,000 square feet, building or group of buildings for
posted,or a freestanding building specifically mercantile uses, temporary parking of a
with one or more open sides from and/or shopping center uses. commercial vehicle while loading
which commercial activities are and unloading merchandise or
conducted. • Leapfrog development: New materials.
development separated from
• Land banking: The purchase of existing •development by • Lot: A parcel of land occupied or
land by a local government for substantial vacant land. intended for occupancy by a use
12
. -i vaua suP.FAGE
permitted in this chapter, • activities or processes would
including one main building, �.1.....,,e-
together
' +1� _ ___:77 necessitate the storage of large
together with any accessory `ci o I. : :, volumes of highly flammable,
buildings,open spaces,and '' ��f► • -� toxic matter or explosive
parking spaces required by this ' materials needed for the
chapter and having its principal #s i I •
:.:i manufacturing process. These
frontage upon a street or upon an >. i activities may involve outdoor
officially approved place. A ,+ i operations as part of their
parcel of land recorded in the ' �� manufacturing process.
Office of the Clerk of the Court,or ......:IV al '
a parcel described by metes and '•::* • ,, •• ��'• ) • Manufacturing,light: The
bounds,the description of which ' ^' �" "
p .'',,,...:,.......1.........,.....,4 rix, manufacture,predominantly from
has been so recorded. A �� - - previously prepared materials,of
contiguous parcel of land in PCEVIOLI5 5l1EFACE finished products or parts,
identical ownership throughout, including processing,fabrication,
bounded by other lots or streets, CT coveeAgs assembly,treatment and
and used or set aside and packaging of such products,and
available for use as the site of 0 incidental storage,sales,and
one or more buildings or other. distribution of such products,but
definite purpose. For the - • Lot,double frontage: A lot R excluding basic industrial
purpose of this title,a lot may or having frontage on two processing and custom
may not coincide with a lot of nonintersecting streets,as 41 1 manufacturing.
record. distinguished from a comer lot. ,. (.0
•" [ Master plan: A comprehensive
• Lot,nonconforming: A lot that long-range plan intended to guide
lawfully existed prior to the o growth and development of a
enactment of the requirements of _ community or region and one that
this chapter,but which does not o includes analysis,
meet the minimum lot size or lot recommendation,and proposals
J
I? \ width requirements of the zoning for the community's population
N. district in which it is located. economy,housing,.
�--� transportation,community
I + • Lot of record: A lot that is part facilities,and land use.
ooh �riesrb� of a recorded subdivision or a
LOT 1 LOT L 1 parcel of land that has been ,• Megachurch: A large,
recorded at the county recorder's specialized type of house of
I . office containing property tax worship that includes such
! records. nontraditional accessory uses as
retail sales,residential uses,
LO LOT • Lumber yard: An area used for amusement parks,and sports
LOT the storage,distribution and sale and entertainment facilities,as an
....---1
_� of finished or rough-cut lumber integrated part of the
and lumber products,but not development.
including the manufacture orqfC Cwt fabrication of lumber,lumber • Metes and bounds: A
11
LOT I LOT
LOT products,or firewood. - description of land prepared by a
state-registered,land surveyor
• Main Street: A neighborhood providing measured distances
• shopping area...sometimes and courses from known or
a having a unique character that established points on the surface
draws people from outside the of the earth. -
-area.
• Metropolitan planning
• Manufactured housing: A . organization(MPO): A local
factory-built,single-family governmental unit that has legal
structure that is manufactured jurisdiction over a geographic
under the authority of 42 U.S.C. area for government service
• Lot coverage: A measure of Sec.5401,the National planning such as transportation
intensity of land use that Manufactured Home Construction and land-use planning.
represents the portion of a site and Safety Standards Act,is
that is impervious(i.e.does not transportable in one or more • Mining: All or any part of the
absorb water). This portion sections,is built on a permanent process involved in the mining of
includes,but is not limited to,all chassis,and is used as a place of minerals by removing overburden
areas covered by buildings, human habitation;but which is and mining directly from'the
parked structures,driveways, not constructed with a permanent . mineral deposits,open pit mining
roads,sidewalks,and any area of hitch or other deviceallowing or minerals naturally exposed,
concrete asphalt. In the case of transport of the unit other than for mining by,auger method,
lumberyards,areas where lumber the purpose of delivery to a dredging and quarrying,
is stored also constitutes permanent site,and which does underground mining and surface
impervious surfaces. not have wheels or axles work incidental to an
permanently attached to its body underground mine.
or frame.
• Mitigation: Measures taken to
• Manufacturing,heavy: The eliminate or minimize damages
manufacture or compounding from development activities,such
process of raw materials. These as construction in wetlands or
13
regulatory floodplain filling„by • Multiple-family building: A O located or does not conform to
replacement of the resource or detached building designed and the off-street parking or loading
other means of compensation. used exclusively as a dwelling by m requirements,performance
three or more families occupying standards,or other requirements
• Mixed-use development: A • separate suites. , applying to activities. However,
single building containing more an activity of the character
•.-. .° described above shall not be
than one type of land use or a • Mural: Artwork applied to the u: 'mob
single development of more than wall of a building that covers all deemed a nonconforming activity
one building and use,where the or substantially all of the wall and to the extent that it has been or is
different types of land uses are in depicts a scene or event of -^...)
^ hereafter authorized by a
close proximity,planned as a natural,social,cultural,or historic t...) subsisting conditional use permit,
unified complementary whole, significance. • �; variance,or other special zoning
and functionally integrated to the approval.
use of shared vehicular and • Native vegetation: Any t i
pedestrian access and parking indigenous tree,plant,or shrub •"t • Nonconforming building: A
areas. adapted to soil and climatic structure or building,the size,
conditions occurring on site. dimensions,or location of which
• Mobile home: A transportable was lawful prior to the adoption
structure suitable for year round • Neighborhood convenience of,revision,or amendment to a
single-family occupancy and store: Establishments primarily zoning ordinance,but which fails
having water,electrical,sewage engage in the provision of by reason of such adoption,
connections similar to those of frequently or recurrently needed revision,or amendment to
conventional dwellings. This goods for household conform to the present
definition applies only to units consumption,such as requirements of the zoning
constructed prior to June 15, prepackaged food and beverages district.
1976. Compare with and limited household supplies
manufactured home. and hardware. Convenience • Nonprofit organization: Any
stores shall not include fuel person(s),partnership,
• Mobile home park: A parcel of pumps or the selling of fuel for association,corporation or other
land under one ownership that motor vehicles. Typical uses group whose activities are
has been planned and improved include neighborhood markets conducted for unselfish,civic,or
for the placement of two or more and country stores. humanitarian motives,or for the
mobile homes for rental purposes benefit of others,and not for the
for nontransient use. • Neighborhood plan: The gain of any private individual or
master plan for a particular group and may include,but shall
• Moratorium: A freeze on all new neighborhood or district that not be limited to patriotic,
development pending the ' provides specific design philanthropic,social service,
completion,adoption,or revision standards and guidelines welfare,benevolent,educational,
of a comprehensive plan. regulating the development and civic,fraternal,cultural,
use of the property. charitable,scientific,historical,
athletic,or medical activities.
• Motel: A building or group of
buildings in which lodging is • Neotraditional development:
provided to transient guests, An approach to land use planning • Nursing home: A home
offered to the public for and urban design that promotes licensed by the(state)for the
compensation,and in which the building of neighborhoods aged or chronically or incurably ill
access to and from each room or with a mix of uses and housing persons in which five or more
unit is through an exterior door. types,architectural variety,a such persons not of the
central public gathering place, immediate family are provided
• Motor vehicle,abandoned: A interconnecting streets and with food and shelter or care for
vehicle that does not bear a alleys,and edges defined by compensation,but not including
current license plate unless said greenbelts or boulevards. The hospitals,clinics,or similar
vehicle is stored within a basic goal is integration of the institutions devoted primarily to
completely enclosed building or activities of potential residents the diagnosis and treatment of
unless it is stored on a bona fide with work,shopping,recreation, the sick or injured.
sales lot and is in a satisfactory and transit all within walking
operating condition. distance. • Office,professional:The office
of a member of a recognized
• Motor vehicle,commercial: • New Urbanism: The process of profession maintained for the
Any vehicle used or designed to reintegrating the components of conduct of that profession. A
be used for business or modern life--housing,workplace, profession is a vocation,calling,
commercial purposes that shopping and recreation--into occupation,or employment
infringes on the residential compact,pedestrian-friendly, requiring training in the liberal
character of residential districts mixed-use neighborhoods linked arts or sciences,or combination
and includes,but is not by transit and set in a larger thereof, requiring advanced study
necessarily limited to: a bus, regional open space framework. in a specialized field;any
cement truck,commercial tree- Initially dubbed"Neotraditional occupation requiring licensing by
trimming equipment,construction • planning",the principles that the state and maintenance of
equipment,dump truck,garbage define new urbanism can be professional standards applicable
truck,panel truck,semi-tractor, applied successfully to infill and to the field.
semi-trailer,stake bed truck,step redevelopment sites within
van,tank truck,tar truck,or other
commercial type vehicle licensed
existing urbanized areas. • Office/professional district:
(The district that includes)the
by the(state)as a commercial • Nonconforming activity: An less intensive office and
vehicle or truck. activity that,under the zoning professional center land uses
regulations,is not itself a including low-rise office parks,
permitted activity where it is single freestanding office
14
buildings,depository facilities, An arrangement of parking
such as banks,and residential • Park,neighborhood: City-or spaces such that one or more
structures converted to office county owned land intended to kt spaces must be driven across in
use. Office land uses tend to be serve the recreation needs of order to access another space or
single-use oriented and have less people living or working within W spaces.
intensive employee/acre ratios. one-half mile radius of the park.
• � • Patio house: A detached,
• Oil change facility: Operations • Park,passive use: A park k-4, single-family unit typically
that provided lubrication and/or featuring passive recreation situated on a reduced size lot
checking,changing,or additions pursuits,such as interpretive that orients outdoor activity within
of those fluids and filters programs and trail systems that rear or side yard patio areas for
necessary to the maintenance of take advantage of geological, better use of the site for outdoor
a vehicle. It is intended that biological,or scenic resources ;a ;G living space.
these services will be provided located within the park but not
while customers wait,generally including recreational facilities, b • Pedestrian-oriented
within a 15-to 20-minute time such as swimming pools,gyms, _ development: Development
period. and playing fieldsdesigned with an emphasis
primarily on the street sidewalk
• Open space: Any land or area, • Park,private: A tract of land and on pedestrian access to the
the preservation of which in its presently owned or controlled site and building,rather than on
present use would: (1)conserve and used by private or semi- auto access and parking areas.
and enhance natural or scenic public persons,entities,groups, The building is generally placed
resources;or(2)protect streams etc.for active and/or passive close to the street and the main
or water supply:or(3)promote recreational purposes. entrance is oriented to the street
conservation of soils,wetlands, sidewalk. There are generally
beaches,or tidal marshes;or(4) • Parking area,public: An open windows,or display cases along
enhance the value to the public of area,excluding a street or other building facades which face the
abutting or neighboring parks, public way,used for the parking street. Typically,buildings cover
forests,wildlife preserves,nature of automobiles and available to a large portion of the site.
reservations,or sanctuaries;or the public,whether for free or for Although parking areas may be
(5)enhance recreation compensation. provided,they are generally
opportunities. limited in size and they are not
• Parking lot: An off-street, emphasized by the design of the
• Open space,common: An surfaced,ground level open area, site.
open space within a residential for the temporary storage of five
development reserved for the or more motor vehicles. • Performance bond: A
exclusive use of residents of the document issued by a surety,in
development,and their guests. • Parking lot,commercial: A return for a fee or premium,
parcel of land or portion thereof guaranteeing the performance of
• Outdoor display area: An area used for the parking or storage of the terms and conditions of a
of designated size used for the motor vehicles as a commercial development approval.
display of merchandise or enterprise for which any fee is
tangible property normally charged independently of any • Performance standards:
vended within the contiguous other use of the premises. Zoning regulations that permit
business or organization. uses based on a particular set of
Multiple items may be displayed • Parking,off-street: Space standards of operation rather
on a rack but shall not be stacked occupied by automobiles on than on particular type of use.
upon each other. The placement premises other than streets. A Performance standards provide
of goods for sale or for space adequate for parking a specific criteria limiting noise,air
advertisement,outside of the motor vehicle with room for pollution,emissions,odors,
building or structure,including but opening doors on both sides, vibration,dust,dirt,glare,heat,
not limited to vehicles,garden together with property related fire hazards,wastes,traffic
supplies,gas,tires,motor oil, access to a public street or alley impacts,and visual impact of a
food and beverages(vending and maneuvering room. use.
machines),boats and farm
equipment,motor homes and • Parking,on-street: The storage • Permit,special use: A permit
clothes. space for an automobile that is issued by the board of
located within the street right-of- adjustment(with the exception of
• Overlay zone: Provides for the way. planned unit developments,
possibility of superimposing telecommunication towers,and
certain additional requirements • Parking,shared: A public or planned neighborhood
upon a basic use zoning district private parking area used jointly developments)that authorizes
without disturbing the by two or more uses. the recipient to make use of
requirements of the basic use property in accordance with the
district. In the instance of • Parking space,compact: A requirements of this ordinance as
conflicting requirements,thespace in a garage or parking well as any additional
stricter of the conflicting area,not less than 7.75 feet wide requirements imposed by the
requirement shall apply. clear dimension and 16 feet long board of adjustment.
clear dimension,reserved for the
• Parapet: That portion of a wallparking of only one compact • Pervious surface: A surface
which extends above the roof
line.
automobile. that presents an opportunity for
precipitation to infiltrate into the
• Parking space,tandem: A ground.
• Park,minipark: Small parking space within a group of
neighborhood park of two or more parking spaces • Planned unit development
approximately one acre or less. arranged one behind the other. (PUD): A tract of land developed
15
• as a unit under single ownership • Private recreational ' or sleeping purposes and
or unified control,which includes facility/club: Recreational - including pick-up coaches
one or more principal buildings or center for the exclusive use of (campers),motorized homes,
uses and is processed under the members and their guests withr; boats,travel trailers,and
Planned Unit Development facilities usually including camping trailers not meeting the
provisions of this ordinance. swimming pools and/or tennis specifications required for a
Also,a parcel of land planned as courts,but specifically excluding manufactured home or mobile
a single unit,rather than as an golf courses. home.
aggregate of individual lots,with
design flexibility from traditionalVid
Property,abandoned: Personal • Recreation vehicle(RV)park:
siting regulations(such as side property of any type the owner of A commercial use providing
yards,setbacks,and height which has failed to makespace and facilities for motor
limitations)or land-use satisfactory claim and proof of d, ?i homes or other recreational
restrictions(such as prohibitions ownership within 60 days after vehicles for recreational use or
against mixing land uses within a notice has been provided. ` transient lodging. There is no
development). The greaterminimum required stay in a
flexibility in locating buildings and • Quality of Life: The attributes or VI recreational vehicle park. Uses
in combining various land uses amenities that combine to make ci--• where unoccupied recreation
often makes it possible to an area a good place to live. vehicles are offered for sale or
achieve certain economics in Examples include the availability lease,or are stored,are not
construction,as well as the of political,educational,and included.
preservation of open space and social support systems;good
the inclusion of many amenities. relations among constituent • Request for Proposal(RFP):
groups;a healthy physical Usually issued by a public
• Planting strip: A section of environment;and economic agency and disseminated to
land not less than 10 feet in width opportunities for both individuals consulting or development firms,
intended to contain plant and businesses. a good RFP contains a •
materials and for the purpose of description of: the project or
creating a visual separation • Quarry: An open pit from which program(what is supposed to be
between uses or activities. building stone,sand,gravel, accomplished and for whom);
mineral,or fill is taken to be what services are required;the
• Plat,final: The final map of all or processed for commercial amount budgeted to accomplish
a portion of a subdivision or site purposes. the work;the type of contract
plan that is presented to the (e.g.,fixed price or time-and-
proper review authority for final • Reconstruction: As used in expense);qualifications required
approval. historic preservation,the process (unless using the two-part
of reproducing by new RFQ/RFP process);evaluation
• Plat,preliminary: A map of a construction the exact form and criteria;what to do to submit the
subdivision of land detail of a vanished structure,or RFP properly. APA recommends
showing...required features...that part thereof,as it appeared a two-part process in which
is submitted to the platting during a specific period of time. agencies first issue a request for
authority for purposes of Reconstruction is often qualifications(FRQ)and then
preliminary consideration and undertaken when the property to solicit proposals.
approval. Preliminary approval be reconstructed is essential for
may be given to typical land understanding and interpreting • Request for Qualifications: A
subdivision,abbreviated,right-of- the value of an historic district statement of qualifications
way acquisition,and tideland and sufficient documentation prepared by a consultant and
plats. exists to insure an exact submitted to a community seeing
reproduction of the original. assistance in a project. The RFQ
• Political: A sign or poster should ideally contain contact
advertising a candidate for public • Recreation,active: Leisure information;a description of the
office or political cause,subject to activities,usually performed with form of the organization(e.g.,is it
election. others,often requiring equipment a partnership or corporation);
and taking place at prescribed resumes of key personnel;a
• Porous paving system: A places,sites,or fields. The term statement of qualifications(e.g.,a
system providing erosion control, active recreation includes but is narrative describing work done
softening hard surfaces,reducing not limited to,swimming,tennis, on similar projects);availability
storm water/snow-melt runoff, and other court games,baseball (e.g.,notable time constraints or
and/or providing green space. and other field sports,golf and other commitments);a list of
The system includes concrete, playground activities. 'projects completed by the firm;
plastic,or other systems that may and references.
incorporate grass or other • Recreation,passive:
landscaped surfaces. Recreational activities that • Retention basin: A wet or dry
generally do not require a stormwater holding area,either
• Portable: Any sign whose developed site. This generally natural or manmade,which does
design and/or construction is includes such activities as hiking, not have an outlet to adjoining
manifestly intended to be of a horseback riding,and picnicking. watercourses or wetlands other
portable nature,whether than an emergency spillway.
anchored,carried,left • Recreation vehicle(RV): Any
freestanding,towed,self- building,structure,or vehicle • Right-of-way: A strip of land
propelled,or attached to a designed and/or used for living or acquired by reservation,
vehicle including those attached sleeping and/or recreational dedication,prescription,or
to a truck,trailer,taxi,or other purposes and equipped with condemnation and intended to be
vehicles while in the course of wheels to facilitate movement occupied by a street,trail,water
business. from place to place,and line,sanitary sewer,and/or other
automobiles when used for living public utilities or facilities.
16
. O ,
. erected,or manufactured in any m group on the same structure,and.
• Roundabout/traffic circle: A manner whatsoever,so that the co relating to individual
raised island that is usually same shall be designed or used establishments on the premises.
landscaped and located at the for the information of persons or .Ill All permanent on-site signs
intersection of two streets used to the attraction of persons to anyotherwise allowed for a premises
reduce traffic speeds and place,person,business,activity, m may be combination signs
accidents without diverting traffic service or merchandise, (combination signs shall be
onto adjacent residential streets. whatsoever,and which is 0 considered on-site signs for each
displayed in any manner visible establishment to which they
• Screening: (1)A method of from out-of-doors. o� -, relate,and shall be credited
visually shielding or obscuring `+ '' against the applicable on-site
one abutting or nearby structure Any time the display face of a sign allowances for such
or use from another by fencing, sign is changed significantly,the (1 establishments). •
walls,berms,or densely planted sign shall be considered a new at
vegetation;and(2)The removal sign and shall require review and • Computer: A computer sign is a
of relatively course floating and/or a permit sign conveying messages by
suspended solids by straining means of electrical impulse at
through racks or screens. The following are types of signs: changing intervals and controlled
by a computer.
• Setback: The minimum distance -
by which any building or structure II I • Directional: Any sign used for
must be separated from a streetthe purpose of indicating the
right-of-way orlot line. EC. location or direction of any object,
place,or area.
• Sidewalk café: A portion of an
eating or drinking place,located ,___1� 161\ • Double Face: Any sign having
on a public sidewalk,that Fl�DlECT si • two back-to-back surfaces upon
provides waiter or waitress which copy is displayed.
•
service and is either an enclosed -
or unenclosed sidewalk café as • Flag: The emblem of any nation,
defined. No portion of a sidewalk L
��7 organization of nations,state,
cafe shall be used for any NA city,religious,fraternal,or civic
purpose other than dining and • . 21d organization on cloth,fabric,or
circulation therein. Any outdoor other nonrigid material.
dining area located in any public 5tsidewalk or right-of-way that is Freestanding(ground): A self-
associated with a restaurant or Z supporting sign resting on or
other eating and drinking ( r supported by means of poles,
'
establishment on a contiguous _f---�— •standards,or any other types of
adjacent parcel. Banner: A mounted piece of base on the ground and not
• affixed to a building.
• Sidewalk sale: Outdoor sale, cloth,fabric or other nonrigid
conducted by the proprietor,of material displaying or not • Identification: A sign which
products normally sold inside a displaying an emblem,insignia, indicates no more than the name,
retail establishment. A - motto,slogan or other message. address,company logo,and
promotional sales event Examples of such banners occupation or function of any
conducted outside the confines of include,but are not limited to, establishment or premises.
the commercial or manufacturing streamers,bunting,penants, Identification signs may also
structure in which such business ensigns,and standards which are include other messages of a
• is normally conducted and which not included under the definition nonprofit institutional nature such
occurs on a paved or concrete of flag. as meeting dates,times of
area on the same lot as the • Billboard: A billboard is anyoff-
occasional
service,etc..
structure. A seasonal or
sale held on the site sign and governed by those • Illuminated: Any sign
sidewalk or other structure along sections regarding off-site signs.- illuminated internally or from the
the front or side of a particular rear of the sign by silhouette
store or establishment where • Changeable Copy: Means an lighting or by luminous tubing or
goods are offered for sale to the integral part of a sign not . illuminated from external light
public,typically at a discounted covering more than fifty(50) source such as a spot light or
price. percent of the total sign area and other such light projector.
- designed so as to readily allow
• Slight distance triangle: The the changing of its message by • Marquee: Any sign painted on or
triangular area formed by a • removable letters,panels, otherwise attached to any
diagonal line connecting two posters,etc.. Unless otherwise awning,canopy,or marquee.
points located on intersecting specifically provided,all signs
street right-of-way lines(or a permitted by this chapter may • Multi-face: Any sign having thee
right-of-way line and the curb or • also be changeable copy signs. (3)or more faces which are not
edge of a driveway). parallel nor back-to-back,upon
• Combination: When a single, which the same or dissimilar copy
• Sign: An advertising display in on-site nonanimated sign is displayed.
the form of any letter,figure,
character,mark,design,poster,
composed of one sign relating to
the entire premises on which it is • Occupant: A sign bearing only
picture,sculpture,trademark, located,and one or more address,postbox number,or
reading matter,or device,or any additional signs of substantially name(s)of occupant(s)on
combination of the foregoing, the same size,material,and premises.
placed,attached,painted, design,arranged in a compact
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• Off-site: Any sign relating io sites,reserved open space, carnivals(major and minor),
products,accommodations, buildings,major landscape 0
special auto sales,grand
services,or activities available to features-both natural and 9 openings,festivals,home
the public off the premises on manmade-and,depending on exhibitions,and church bazaars.
which the sign is located. requirements,the locations of
proposed utility lines. Gra • Special exception: A special
• Political: A sign or poster `.;`� exception is a use that would not
advertising a candidate for public • Smart growth: Planning, ‘31 be appropriate generally or
office or political cause,subject to regulatory,and development without restrictions throughout
election. practices and techniques founded the zoning division or district but
upon and promoting the following which,if controlled as to the
• Portable: Any sign whose principles: (1)using land t- number,area,location,or relation
design and/or construction is resources more efficiently to the neighborhood,would
manifestly intended to be of a through compact building forms, LApromote the public health,safety, •
portable nature,whether inf ill development,and : welfare,morals,order,comfort,
anchored,carried,left moderation in street and parking " convenience,appearance,
freestanding,towed,self- standards in order to lessen land La prosperity,or general welfare.
propelled,or attached to a consumption and preserve Such uses may be permitted in
vehicle including those attached natural resources;(2)supporting such zoning division or district as
to a truck,trailer,taxi,or other the location of stores,offices, special exceptions,if specific
vehicles while in the course of residences,schools,recreational provisions for such special
business. spaces,and other public facilities exceptions are made in this
within walking distance of each ordinance.
• Projecting: A sign affixed to any other in compact neighborhoods
building,wall,or structure and that are designed to provide • Spot zoning: (A)change in
extending beyond the building alternate opportunities for easier district boundaries,variances,
wall or structure more than twelve movement and interaction;(3) and other amendments to the
(12)inches. providing a variety of housing zoning code and use and area
choices so that the young and maps that violate sound
• Roof: A sign attached to and/or old,single persons and families, principles of zoning and are
extending above the surface of and those of varying economic characterized by the following:
the roof of any building. ability may find place to live; (4) (a) Individuals seek to have
supporting walking,cycling,and property rezoned for their private
• Vehicle Mounted: Any sign transit as attractive alternatives to use. (b)Usually the amount of
which is displayed on any driving;providing alternative land involved is small and limited
automobile,bus,truck,trailer,or routes that disperse,rather than to one or two ownerships. (c)
vehicle and is incidentally concentrate,traffic congestion; The proposed rezoning would
displayed in connection with the and lower traffic speeds in • give privileges not generally
use of such vehicle for
transportation purposes.
neighborhoods;(5)connecting extended to property similarly
infrastructure and development located in the area. (d)
Allowable signs are painted or decisions to minimize future costs Applications usually show little or
magnetic signs which identify the by creating neighborhoods where no evidence of,or interest in,
company to which a car belongs more people use existing consideration of the general
and painted,magnetic,or services and facilities,and by welfare of the public,the effect on
attached political signs. Vehicle integrating development and land surrounding property(including
signs of a political nature also use with transit routes and adequate buffers),whether all
must meet the criteria for political stations;and(6)improving the uses permitted in the
signs. development review process and classification sought are
development standards so that appropriate in the locations
• developers are encouraged to proposed,or conformity A sign painted on,carved P to the
in,or otherwise affixed to and apply the principles stated above. comprehensive plan or to
mounted parallel to a building comprehensive planning
facade or wall in such manner • Special events: Circuses,fairs, principles(including alterations to
that the facade or wall becomes carnivals,festivals,or other types the population density patterns
the supporting structure for or of special events that(1)run for and increase of load on utilities,
forms the background surface of longer than one day but not schools,and traffic.)
the sign. longer than two weeks,(2)are
intended to or likely to attract • Sprawl: Urban development or
• Window/Advertising Posters: substantial crowds,and(3)are uses that are located in
Signs intended to inform or unlike the customary or usual predominantly rural areas,or
advertise products or events activities generally associated rural areas interspersed with
which are placed in the windows with the property where the generally low-intensity or low
of shops,stores,or similar special event is to be located. A density urban uses,and which
establishments. temporary outdoor use on private are characterized by one or more
property that extends beyond the of the following conditions: (a)
• Sign Face Area: the area of any normal uses and standards The premature or poorly planned
regular geometric shape which allowed by the zoning ordinance conversion of rural land to other
contains the entire surface area of the city. Except as otherwise uses;(b)The creation of areas of
of a sign upon which copy may specifically provided,only those urban development or uses that
be placed. events held on commercial-zoned are not functionally related to
property are subject to the land uses which predominate the
provisions of this ordinance. adjacent area;or(c)The creation
• Site plan: A plan,to scale
showing uses and structures
Special event includes,but is not of areas of urban development or
proposed for a parcel of land as limited to,art shows,sidewalk uses that fail to maximize the use
required by the regulations. sales,pumpkin and Christmas of existing public facilities or the
Includes lot lines,streets,building street sales,haunted houses, use of areas within which public
18
services are currently provided. Sustainable development:
Urban sprawl is typically I '" Development that maintains or
manifested in one or more of the -- , enhances economic opportunity
following land use or ` _- __ ;• and community well-being while
development patterns: Leapfrogu _ protecting and restoring the
or scattered development;ribbon r -� natural environment upon which
or strip commercial or other �J ' people and economies depend.
development;or large expanses Sustainable development meets
of predominantly low-intensity, the needs of the present without
low-density,or single-use ii--i, compromising the ability of future
development. I I. /1/Thi )\.,,.•. �� generations to meet their own
needs.
• Storage,outside: The storage;• l •
collection or display for more than r Y Substandard housing:
three consecutive days,or any J iii!��I��V"'"'J// Residential dwellings that,
part of a day for three because of their physical
consecutive days,of any condition,do not provide safe
products,materials,equipment, and sanitary housing.
appliances,vehicles not in
service,and/or personal property • Street,local: A street with a • Tavern: Any establishment
of any kind on an unenclosed, minimum right-of-way width of 50 serving alcoholic beverages for
uncovered area. feet that is designed to carry on-premises consumption in
residential traffic between 1 N conjunction with or without any
• Street,arterial: A major street collector or other streets or ' cs form of entertainment,or any
for carrying a large volume of highways and abutting properties. (+ establishment selling alcoholic
through traffic in the area; beverages to be called for or
normally controlled by traffic • Street,private: Any right-of-way taken out by customers or to be
signs and signals. or area set aside to provide is.) T delivered. A food service
vehicular access within a .- C' establishment which derives at
• Street capacity: The maximum development that is not dedicated i least 51%of its gross revenue
number of vehicles which have a or intended to be dedicated to the 07 . from the sale of food and non-
reasonable expectation of city and that is not maintained by non-
„,...
Y alcoholic beverages shall not be
passing over a given section of a the city. CP considered a tavern for purposes
lane or a roadway in one of this Land Development Code.
direction,or in both directions for • Street,public: A public
a two-lane,or four-lane highway, roadway,constructed within the ' • Temporary outdoor sale: Any
during a given time period under boundaries of an officially deeded sale made by a person,firm,or
prevailing traffic conditions. In and accepted public right-of-way, corporation engaging in the
the absence of a modifier, which affords principal means of temporary business of selling
capacity is based upon hourlyaccess to abutting property. For goods,wares,or merchandise
volumes. purposes of density calculations, from a tent,truck,vending cart,or
other area outside of a
a public street shall constitute all
• Street,collector: A street of the area within the public right- permanent structure on property
carrying traffic from local streets of-way. owned or leased by the person,
to the major system of arterial firm,or corporation. The
streets and highways and • Subdivision: The division of a temporary outdoor sales,except
including the principal entrance parcel of land,whether improved those conducted by charitable
streets to a residential or unimproved,into three(3)or organizations as defined,must be
development and principal streets more lots or parcels of land for _ secondary to or incidental to the
for circulation within such a the purpose,whether immediate - principal permitted use or
development. or future,of transfer of ownership structure existing on the property,
or building development where: and not incompatible with the
• Street furniture: Those features intent of the district. The outdoor
associated with a street that are _ A. the subdivider advocates, sale of Christmas trees is exempt •
intended to enhance that street's proposes,suggests,or from this definition.
physical character and use by exhibits a proposed plan,
pedestrians,such as benches, map,or-plat of development; • Townhouse: A one-family
trash receptacles,kiosks,lights,. or dwelling unit,with a private
. newspaper racks,etc. B. The subdivider proposed to entrance,which is part of a
• create a street,right-of-way, structure whose dwelling units
• Street,gridlike pattern(or or public easement that joins are attached horizontally in a
flexible grid): A street systemor connects to an existing linear arrangement and having
based upon a standard grid public street. totally exposed front and rear wall
pattern(i.e.,checkerboard C. Any land whether to be used for access,light,and
blocks);however,offset contiguous or not if three(3) ventilation.
intersections,loop roads,and cul- or more lots,parcels,units
de-sacs as well as angled or or interests are offered as • Traditional neighborhood
curved road segments may also part of a promotional plan of development: A development
be used on a limited basis. The advertising and sale. that exhibits several of the
block pattern is characterized by following characteristics: alleys,
regular(i.e.,rectangular or • SustainabilityCommunity use streets laid out in a grid system,
trapezoidal)blocks and irregular of natural resources in a way that buildings oriented to the street,
polygons do not predominate. does not jeopardize the ability of front porches on houses,
future generations to live and pedestrian-orientation,
prosper. compatible,mixed land uses,
village squares and greens.
• . 19
coordinated effort of city and • Xeriscaping: A set of garden
c'
• Traffic calming: Reducing countyofficials.
,. design and landscape
motorist speed,decreasing motor maintenance principles that
vehicle volumes,and increasing • Urban growth boundary(UGB): ? promote good horticultural
safety for pedestrians and The boundary or line marking the practices and efficient use of
nonmotorized vehicles. limit between the urban growth • water. The term xeriscape is a
areas and other areas such as " registered trademark of the
• Traffic impact analysis: An rural and resource areas where a o": National Xeriscape Council and
analysis of the effect of traffic urban growth is not encouraged, means water-conserving,
generated by a development on as designated by the county in », drought-tolerant landscaping.
the capacity,operations,and consultation with cities,under the r..) _ Landscaping characterized by the
safety of the public street and requirements of the GMA. r-; use of vegetation that is drought-
highway system. tolerant or a low water use in
• Use,permitted: A use permitted 7.1 character.
• Transfer of development rights in a district without the need for
Cni
(TDR): The conveyance of special administrative review and • Zero lot line: A planned
development rights by deed, approval,upon satisfaction of the ` arrangement of buildings which
easement or other legal standards and requirements of touch lot lines,thereby providing
instrument authorized by local this ordinance. Any use listed as zero yard on that side.
law to another parcel of land and a principal permitted use or as an
the recordation of that accessory use. The term further • Zoning: The division of a city or
conveyance among the land includes a conditional use,as county by legislative regulations
records of(the municipality). listed for the particular district, into areas,or zones,which
provided a conditional use permit specify allowable uses for real
• Transfer of development rights is obtained. property and size restrictions for
(TDR),receiving area: The area buildings within these areas.
within which development rights • Vacation: The termination of,or Also,a program that implements
transferred from a TDR sending termination of interest in,an policies of the General Plan.
area can be used. easement,right-of-way,or public
dedication of land.
• Transfer of development rights
(TDR),sending area: The area • Variance: A departure from any
from which TDRs can beprovision of the zoning
transferred. requirements for a specific
parcel,except use,without
• Tree bank: A fund established changing the zoning ordinance or
by a city to provide an opportunity the underlying zoning of the
to make a cash payment to the parcel. A variance usually is
city in lieu of providing required granted only upon demonstration
landscape stock on a site. of hardship based on the
peculiarity of the property in
• Trip End: The origin or relation to other properties in the
destination of a trip. Each trip same zone district.
has two ends which constitute a
two-direction vehicle movement • Volume-to-capacity ratio: A
at the origin or destination of the measure of the operating
trip. capacity of a roadway or
intersection,in terms of the
• Trip Generation Rate: The total number of vehicles passing
number of trip ends produced by through,divided by the number of
a specific land use or activity per vehicles that theoretically could
day. pass through when the roadway
or intersection is operating at its
• Triplex: A building containing designed capacity. Abbreviated
three individual dwellings. as"v/c". At a v/c ratio of 1.0,the
Accessory dwelling units are not roadway or intersection is
included in this definition. operating at capacity. If the ratio
is less than 1.0,the traffic facility
• Urban design: The attempt to has additional capacity. Although
give form,in terms of both beauty ratios slightly greater than 1.0 are
and function,to selected urban possible,it is more likely that the
•
areas or to whole cities. Urban peak hour will elongate into a
design is concerned with the "peak period".
location,mass,and design of
various urban components and • Wetland: Those areas that are
combines elements of urban inundated and saturated by
planning,architecture,and surface or groundwater at a
landscape architecture. frequency and duration sufficient
to support,and that under normal
• Urban fringe: Land at the edge circumstances,do support a
of an urban area usually made up prevalence of vegetation typically
of mixed agricultural and urban adapted for life in saturated soil
land uses. This is probably the conditions,including swamps,
most critical area within an urban marshes,bogs,and similar
area and requires adequate areas.
controls wisely administered by a
20