ARTICLE II

 

DEFINITIONS

 

SECTION 25.7

 

 

ARTICLE II

SECTION 25.7- DEFINITIONS

 

 

A

ABANDONMENT - The relinquishment of property, or a cessation of the use of the property, by the owner with the intention neither of transferring rights to the property to another owner nor of resuming the use of the property.

ABUT - To physically touch or border upon; or to share a common property line. See ADJOINING LOT or LAND and CONTIGUOUS.

ACCESS - A way or means of approach to provide physical entrance to a property.

ACCESSORY STRUCTURE - A subordinate structure detached from but located on the same lot as the principal structure, the use of which is incidental and accessory to that of the principal structure. (see FIG. 20)

ACCESSORY USE - A use customarily incidental to the principal use of a building, lot or land, or part thereof.

ALTERATION OF A BUILDING OR STRUCTURE - Any change in supporting members of a building except such change as may be required for its safety; any enlargement to a building; or removal of a building from one location to another. Ordinary repairs shall not be deemed to constitute alterations.

AREA OF PRINCIPAL BUILDING - The horizontal area measured around the outside of the foundation walls and of the floors of roofed porches and roofed terraces inclusive.

ACRE - A measure of land area containing 43,560 square feet.

ADDITION - A structure added to the original structure at some time after the completion of the original.

ADJOINING LOT OR LAND - A lot or parcel of land which shares all or part of a common lot line with another lot or parcel of land. See ABUT and CONTIGUOUS.

ADULT BOOK STORE - A retail establishment selling publications and other material of a sexual nature.

ADVERTISING DISPLAY - See SIGN

 

 

 

AGRICULTURE - The production, keeping or maintenance, for sale, lease or personal use, of plants and animals useful to man, including but not limited to: Forages and sod crops; grains and seed crops; dairy animals and dairy products, poultry and poultry products; livestock, including beef cattle, sheep, swine, horses, ponies, mules, or goats, or any mutations or hybrids thereof, including the breeding and grazing of any or all of such animals; bees and dairy products; fur animals; trees and forest products; fruits of all kinds, including grapes, nuts and berries; vegetables

 

AISLE - The traveled way by which cars enter and depart parking spaces. (See FIG. 2)

 

ALLEY - A service way providing a secondary means of public access to abutting property and not intended for general traffic circulation.

 

AMUSEMENT AND RECREATION SERVICES - Establishments engaged in providing amusement or entertainment for a fee or admission charge and include such activities as dance halls; studios; theatrical producers; bands, orchestras, and other musical entertainment; bowling alleys and billiard and pool establishments; commercial sports such as arenas, rings, racetracks, public golf courses and coin-operated devices; amusement parks; membership sports and recreation clubs; amusement and bathing beaches; swimming pools; riding academies; carnival operations; expositions; game parlors and horse shows.

 

ANIMAL HOSPITAL - A place where animals or pets are given medical or surgical treatment and the boarding of animals is limited to short-term care incidental to the hospital use.

 

APARTMENT UNIT - One or more rooms with private bath and kitchen facilities comprising an independent self-contained dwelling unit in a building containing more than two dwelling units.

 

APARTMENT UNIT, EFFICIENCY - See DWELLING UNIT, EFFICIENCY.

 

APPROVED PLAN - A plan which has been granted final approval by the appropriate approving authority.

 

ATTENTION GETTING DEVICE - A devise designed or intended to attract by noise, sudden intermittent or rhythmic movement, physical change or lighting change, such as banners, flags, streamers, balloons, propellers, whirligigs, search lights and flashing lights.

 

ATTIC - That part of a building which is immediately below and wholly or partly within the roof framing. See STORY, HALF.

 

AUTOMATIC CAR WASH - A structure containing facilities for washing automobiles using a chain conveyor or other method of moving the cars along, and automatic or semiautomatic application of cleaner, brushes, rinse water and heat for drying.

 

 

AUTOMOBILE - A self-propelled free moving vehicle, with four or more wheels, primarily for conveyance on a street or roadway.

 

AUTOMOBILE REPAIR - See GARAGE, REPAIR

 

AUTOMOBILE SALES - The use of any building, land area or other premise for the display and sale of new or used automobiles, panel trucks or vans, trailers, or recreation vehicles and including any warranty repair work and other repair service conducted as an accessory use.

 

AUTOMOBILE SERVICE STATION - Any building, land area or other premises, or portion thereof, used or intended to be used for the retail dispensing or sales of vehicular fuels; and including as an accessory use the sale and installation of lubricants, tires, batteries and similar accessories.

 

AUTOMOBILE WASH - Any building or premises or portions thereof used for washing automobiles.

 

AUTOMOBILE WRECKING YARD - See JUNKYARD

 

AUTOMOTIVE REPAIR SERVICES AND GARAGES - Establishments primarily engaged in furnishing automotive repair, rental, leasing and parking services to the general public.

 

AWNING - A roof-like cover that is temporary in nature and that projects from the wall of a building for the purpose of shielding a doorway or window from the elements. (See FIG. 24)

 

 

B

 

 

 

BACK TO BACK LOTS - Separate land parcels which have at least half of each rear lot line coterminous.

 

BASE FLOOD ELEVATION - The highest elevation, expressed in feet above sea level, of the level of flood waters occurring in the regulatory base flood.

 

BASEMENT - A space having one half or more of its floor to ceiling height above the average level of the adjoining ground and with a floor to ceiling height of not less than 6 ˝ feet. (See FIG. 3)

 

BED & BREAKFAST - An owner-occupied dwelling unit that contains no more than three guest rooms where lodging, with or without meals, is provided for compensation.

 

 

BERM - A mound of earth, or the act of pushing earth into a mound. (See FIG. 23)

 

BILLBOARD - See SIGN, BILLBOARD.

 

BLOCK - An area bounded by intersecting streets, public park, railroad right-of-way, boundary line of a trace of unsubdivided land, encroachment line of a river, boundary line of the city, or by any combination of the above. (See FIG. 18)

 

BLOCK FRONTAGE - That portion of a block which abuts a single street.

 

BOARD OF APPEALS - An officially constituted body whose principal duties are to grant variances from the strict application of the zoning ordinance.

 

BOARDING HOUSE - A dwelling or part thereof, in which lodging is provided by the owner or operator to more than three boarders.

 

BUFFER STRIP - Land area used to visibly separate one use from another or to shield or block noise, lights, or other nuisances. (See FIG. 2)

 

COMMENT: Buffer strips may be required to include fences or berms, as well as shrubs and trees.

 

 

BUILDABLE AREA - The area of a lot remaining after the minimum yard and open space requirements of the zoning ordinance have been met. (See FIG. 20)

 

BUILDING - Any structure having a roof supported by columns or walls and intended for the shelter, housing or enclosure of any individual, animal, process, equipment, goods or materials of any kind or nature.

 

BUILDING, ACCESSORY - A subordinate structure on the same lot as the principal or main building or use occupied or devoted to a use incidental to the principal use.

(See FIG. 20)

BUILDING COVERAGE - The horizontal area measured within the outside of the exterior walls of the ground floor of all principal and accessory buildings on a lot. (See FIG. 20)

 

BUILDING HEIGHT - The vertical distance of a building measured from the average elevation of the finished grade within twenty feet of the structure to the highest point of the roof. (See FIG. 3)

 

COMMENT: Building heights usually exclude penthouses containing mechanical equipment such as air conditioning or elevator equipment and church spires, water towers, radio antennas, etc. The provision for measuring the finished lot grade within 20 feet of the structure is to prevent the deliberately building up of a portion of the site on which the building will sit in order to permit an additional story to be constructed. See HEIGHT.

 

BUILDING OFFICIAL - That individual designated by the appointing authority to enforce the provisions of the building code.

 

BUILDING LINE - A line parallel to the street line at a distance therefrom equal to the depth of the front yard required for the zoning district in which the lot is located. See SETBACK LINE. (See FIG. 20)

 

BUILDING PERMIT - Written permission issued by the proper municipal authority for the construction, repair, alteration or addition of a structure.

 

BUILDING, PRINCIPAL - A building in which is conducted the principal use of the lot on which it is located. (See FIG. 22)

 

BUSINESS SIGN - See Sign, Business.

 

 

C

 

 

CAMPUS - The grounds and building of a public or private college, university, school or institution.

 

CAR WASH - See AUTOMATIC CAR WASH AND AUTOMOBILE WASH.

 

CARRY-OUT RESTAURANT - An establishment which by design of physical facilities or by service or packaging procedures permits or encourages the purchase of prepared ready-to-eat foods intended primarily to be consumed off the premises, and where the consumption of food in motor vehicles on the premises is not permitted or not encouraged.

 

CELLAR - A space with less than one-half of its floor-to-ceiling height above the average finished grade of the adjoining ground or with floor-to-ceiling height of less than 6 ˝ feet. (See FIG. 3)

 

CERTIFICATE OF COMPLIANCE - A document issued by the proper authority that the plans for a proposed use meets all applicable codes and regulations.

 

CERTIFICATE OF OCCUPANCY (CO) - A document issued by the proper authority allowing the occupancy or use of a building and certifying that the structure or use has been constructed or will be used in compliance with all the applicable municipal codes and ordinances.

 

CHAIN STORE - Retail outlets with the same name, selling similar types of merchandise, operating under a common merchandising policy and usually owned or franchised by a single corporate entity.

 

CHANGE OF USE - Any use which substantially differs from the previous use of a building or land.

 

 

CHILD CARE CENTER - A private establishment enrolling four or more children between 2 and 5 years of age and where tuition, fees, or other forms of compensation for the care of the children is charged, and which is licensed or approved to operate as a child care center.

 

CHIMNEY - A structure containing one or more flues for drawing off emissions from stationary sources of combustion.

 

CHURCH - A building or structure, or groups of buildings or structures, which by design and construction are primarily intended for the conducting of organized religious services and accessory uses associated therewith.

 

CLUB - A group of people organized for a common purpose to pursue common goals, interests or activities and usually characterized by certain membership qualifications, payment of fees and dues, regular meetings, and a constitution and by-laws.

 

COMMENT: Typically, clubs were usually permitted in residential neighborhoods under the phrase, "clubs, lodges and social buildings." These clubs were related to the neighborhood in terms of the ethnic, religious or cultural characteristics of the residents.

 

COMMERCIAL GARAGE - See GARAGE, PUBLIC.

 

COMMERCIAL GREENHOUSE - A structure in which plants, vegetables, flowers and similar materials are grown for sale.

 

COMMERCIAL USE - Activity carried out for pecuniary gain.

 

COMMERCIAL VEHICLE - Any motor vehicle licensed by the state as a commercial vehicle.

 

COMMISSION - The Derby Planning and Zoning Commission.

 

COMMON ELEMENTS - Land amenities, parts of buildings, central services and utilities, and any other elements and facilities owned and used by all condominium unit owners and designated in the master deed as common elements.

 

COMMON OPEN SPACE - See OPEN SPACE, COMMON.

 

COMMON OWNERSHIP - Ownership by one or more individuals in any form of ownership, of two or more contiguous lots.

 

COMMON PASSAGEWAY - A commonly shared or used pedestrian or vehicular way that connects or serves two or more properties. See, PARTY DRIVEWAY.

 

COMPLETE APPLICATION - An application form completed as specified by ordinance and the rules and regulations of the municipal agency and all accompanying documents required by ordinance for approval of the application.

 

CONDITIONAL USE – A use permitted in a particular zoning district only upon showing that such use in a specified location will comply with all the conditions and standards for the location or operation of such use as specified in a zoning ordinance and authorized by the Commission.

 

CONDITIONAL USE PERMIT - A permit issued by the authorized board stating that the conditional use meets all conditions set forth in local ordinances.

 

CONDOMINIUM - A building, or group of buildings, in which units are owned individually, and the structure, common areas and facilities are owned by all the owners on a proportional, undivided basis.

 

COMMENT: By definition, a condominium has common areas and facilities and there is an association of owners organized for the purpose of maintaining, administering and operating the common areas and facilities. It is a legal form of ownership of real estate and not a specific building style. The purchaser has title to his or her interior space in the building and an undivided interest in parts of the interior, the exterior, and other common elements. The property is identified in a master deed and recorded on a plat with the local jurisdiction. The common elements usually include the land underneath and surrounding the building, certain improvements on the land, and such items as plumbing, wiring, and major utility systems, the interior areas between walls, the public interior spaces, exterior walls, streets and recreational facilities.

 

CONDOMINIUM ASSOCIATION - The community association which administers and maintains the common property and common elements of a condominium.

 

COMMENT: Condominium associations differ from other forms of community associations in that the condominium association does not have title to the common property and facilities. These are owned by the condominium owner on a proportional, undivided basis.

 

CONDOMINIUM, BUSINESS - A building (or group of buildings) used for office, businesses, professional services and other commercial enterprise organized, owned and maintained as a condominium.

 

CONDOMINIUM, HOTEL - A condominium set up like a hotel in which each room is individually owned and in which some or all rooms are available to transients for rent.

 

CONDOMINIUM, INDUSTRIAL - An industrial building (or group of buildings) organized, owned and maintained as a condominium.

 

CONDOMINIUM, OFFICE - An office building (or group of buildings) organized, owned and maintained as a condominium.

 

CONFERENCE CENTER - A facility used for business or professional conferences and seminars, often with accommodations for sleeping, eating and recreation.

 

COMMENT: Communities face the decision whether or not to allow conference centers to rent rooms and facilities to transients. Very often a specific percentage of rooms must be devoted to conference use and only a small percentage of rooms must be devoted to conference use and only a small percentage can be made available for transient trade.

 

CONGREGATE HOUSING - A dwelling providing shelter and services for the elderly which may include meals, housekeeping, and personal care assistance.

 

CONTIGUOUS - Next to, abutting, or touching and having a boundary or portion thereof, which is coterminous. See ABUT AND ADJOINING LOT OR LAND.

 

CONVERSION - A change in the use of land or a structure.

 

CONVENIENCE STORE - Any retail establishment offering for sale prepackaged food products, household items, and other goods commonly associated with the same and having a gross floor area of less than 2,000 square feet.

 

COURT - Any open space, unobstructed from ground to sky, other than a yard, that is on the same lot with and bounded on two or more sides by the walls of a building. See PLAZA AND SQUARE. (See FIG. 13)

 

COURT, INNER - An open area, unobstructed from the ground to sky which is bounded on more than three sides by the exterior walls of one or more buildings. (See FIG. 4)

 

COURT, OUTER - An open area, unobstructed from the ground to the sky, which is bounded on not more than three sides by the exterior walls of one or more buildings.

(See FIG. 4)

 

CURB CUT - The opening along the curb line at which point vehicles may enter or leave the roadway. (See FIG. 2)

 

D

 

DAY CARE CENTER / DAY NURSERY - See CHILD CARE CENTER.

 

DECK LINE - The intersection of two roof surfaces of a mansard roof forming the highest horizontal line of the steeper roof slope. (See FIG. 26)

 

DENSITY - The number of families, individuals, dwelling units or housing structures per unit of land.

 

DISCOUNT CENTER - A single story, or group of stores advertising a wide variety of merchandise for sale at less-than-retail cost.

 

DISTANCE OF SIGN PROJECTION - The distance from the exterior wall surface of a building to the sign element farthest distance from such surface. (See FIG. 27)

 

DOWN ZONE - To increase the intensity of use by increasing density or floor area ratio or otherwise decreasing bulk requirements.

 

DRAINAGE - 1.) Surface water runoff; 2.) The removal of surface water or ground water from land by drains, grading or other means which include runoff controls to minimize erosion and sedimentation during and after construction or development, the means for preserving the water supply and the prevention or alleviation of flooding.

 

DRAINAGE AREA - That area in which all of the surface runoff resulting from precipitation is concentrated into a particular stream.

 

DRIVE-IN RESTAURANT - A building or portion thereof where food and/or beverages are sold in a form ready for consumption and where all or a significant portion of the consumption takes place or is designed to take place outside the confines of the building, often in a motor vehicle on the site.

 

DRIVE-IN USE - An establishment which by design, physical facilities, service, or by packaging procedures encourages or permits customers to receive services, obtain goods, or be entertained while remaining in their motor vehicles.

 

DRIVEWAY - A private roadway providing access for vehicles to a parking space, garage, dwelling or other structure.

 

DUPLEX - See DWELLING, TWO FAMILY.

 

DWELLING - A structure or portion thereof which is used exclusively for human habitation.

 

DWELLING, ATTACHED - A one-family dwelling attached to two or more one-family dwellings by common vertical walls.

 

DWELLING, DETACHED - A dwelling which is not attached to any other dwelling by any means. (See FIG. 5)

 

COMMENT: The detached dwelling does not have any roof, wall or floor in common with any other dwelling unit.

 

DWELLING, GARDEN APARTMENT - See DWELLING, MULTIFAMILY. (See FIG. 10)

 

DWELLING, HIGH-RISE - An apartment building of eight or more stories. (See FIG. 12)

 

DWELLING, MID-RISE - An apartment building containing from three to seven stories. (See FIG. 11)

 

DWELLING, MULTI-FAMILY - A dwelling containing more than two dwelling units.

 

DWELLING, PATIO HOUSE - A one-family dwelling on a separate lot with open space setbacks on three sides and with a court. (See FIG. 6)

 

COMMENT: Patio homes may be attached to similar houses on adjacent lots and still meet this definition. Also known as zero lot line homes.

 

DWELLING, QUADRUPLEX - Four attached dwellings in one structure in which each unit has two open space exposures and shares one or two walls with adjoining unit or units.

(See FIG. 8)

 

DWELLING, SEMI-DETACHED - A one-family dwelling attached to one other one-family dwelling by a common vertical wall, and each dwelling located on a separate lot.

(See FIG. 7)

 

COMMENT: The semidetached dwelling is part of a two family structure with the dwelling units side-by-side as opposed to one on top of the other. The semidetached dwelling also could be the end unit of a townhouse row, a patio house and a duplex.

 

DWELLING, SINGLE-FAMILY - A building containing one dwelling unit.

 

DWELLING, SINGLE-FAMILY DETACHED - A dwelling which is designed for and occupied by not more than one family and surrounded by open space or yards and which is not attached to any other dwelling by any means. See, DWELLING, DETACHED.

 

DWELLING, TOWNHOUSE - A one-family dwelling in a row of at least three such units in which each unit has its own front and rear access to the outside, no unit is located over another unit, and each unit is separated from any other unit by one or more common fire resistant walls. (See FIG. 9)

 

DWELLING, TRIPLEX - A dwelling containing three dwelling units, each of which has direct access to the outside or to a common hall.

 

DWELLING, TWO-FAMILY- A structure on a single lot containing two dwelling units, each of which is totally separated from the other by an unpierced wall extending from ground to roof or an un-pierced ceiling and floor extending from exterior wall to exterior wall, except for a common stairwell exterior to both dwelling units.

 

DWELLING UNIT - One or more rooms, designed, occupied or intended for occupancy as separate living quarters, with cooking, sleeping and sanitary facilities provided within the dwelling unit for the exclusive use of a single family maintaining a household. See, HOUSING UNIT.

 

DWELLING UNIT, EFFICIENCY - A dwelling unit consisting of not more than one habitable room together with kitchen or kitchenette and sanitary facilities.

 

 

E

 

 

EASEMENT - A grant of one or more of the property rights by the property owner to and/or for the use by the public, a corporation or another person or entity.

 

EASEMENT, CONSERVATION - An easement precluding future or additional development of the land.

 

 

 

EASEMENT, DRAINAGE - An easement required for the installation of storm water sewers or drainage ditches, and/or required for the preservation or maintenance of a natural stream or water course or other drainage facility.

EAVE - The projecting lower edges of a roof overhanging the wall of a building.

 

EDUCATIONAL INSTITUTION - A college or university authorized by the State to award degrees.

 

EFFICIENCY UNIT - See DWELLING UNIT, EFFICIENCY

 

ELEEMOSYNARY OR PHILANTHROPIC INSTITUTION - A private or nonprivate organization which is not organized or operated for the purpose of carrying on a trade or business and no part of the net earnings of which are for the benefit of any individual.

 

ENCROACHMENT - Any obstruction in a delineated floodway, right-of-way or adjacent land. (See FIG. 15)

 

ENLARGEMENT - An increase in the size of an existing structure.

 

EXISTING GRADE OR ELEVATION - The vertical location of the ground surface prior to excavating or filling.

 

EXISTING USE - The use of a lot or structure at the time of the enactment of a zoning ordinance.

 

EXTENEDED CARE FACILITY - A long-term facility or a distinct part of a facility licensed or approved as a nursing home, infirmary unit of a home for the aged or a governmental medical institution. See LONG-TERM CARE FACILITY AND NURSING HOME.

 

EXTERIOR WALL - Any wall which defines the exterior boundaries of a building or structure.

 

F

 

FACADE - The exterior wall of a building exposed to public view or that wall viewed by persons not within the building. (See FIG. 13)

 

FACTORY - A building in which semifinished or finished materials are converted to a different form or state or where goods are manufactured, assembled, treated, or processed.

 

FACTORY-BUILT HOUSE - A dwelling unit that is constructed and assembled at a factory and transported to the building’s site and placed on a prebuilt foundation.

 

FAIR MARKET VALUE - The price of a building or land which would be agreed upon voluntarily in fair negotiations between a knowledgeable owner willing, but not forced, to sell and a knowledgeable buyer willing, but not forced, to buy.

FAMILY - One or more individuals occupying a dwelling unit and living as a single household unit.

 

FAST-FOOD RESTAURANT - An establishment whose principal business is the sale of pre-prepared or rapidly prepared food directly to the customer in a ready-to consume state for consumption either within the restaurant building or off premises.

 

FENCE - An artificially constructed barrier of any material or combination of materials erected to enclose or screen areas of land.

 

FINAL APPROVAL - The last official action of the Planning & Zoning Commission taken on a development plan which has been given preliminary approval, after all conditions and requirements have been met, and the required improvements have been installed or guarantees properly posted for their installation, or approval conditioned upon the posting of such guarantees.

 

FINISH ELEVATION - The proposed elevation of the land surface of a site after completion of all site preparation work. See GRADE, FINISHED.

 

FLAG LOT - A lot not fronting on or abutting a public road and where access to the public road is by a narrow, private right-of-way. (See Sec. 25-20) (See FIG. 18)

 

FLEA MARKET - An occasional or periodic market held in an open area or structure where groups of individual sellers offer goods for sale to the public.

 

FLOATING ZONE - An unmapped zoning district where all the zone requirements are contained in the ordinance and the zone is fixed on the map only when an application for development, meeting the zone requirements, is approved.

 

FLOOD, BASE FLOOD ELEVATION - See BASE FLOOD ELEVATION.

 

FLOOD DAMAGE POTENTIAL - The susceptibility of a specific land use at a particular location to damage by flooding, and the potential of the specific land use to increase off-site flooding or flood related damages.

FLOOD FRINGE AREA - That portion of the flood hazard area outside of the floodway based on the total area inundated during the regulatory base flood plus twenty-five percent of the regulatory base flood discharge. See FLOODWAY, FLOOD, REGULATORY BASE AND FLOOD REGULATORY, BASE FLOOD DISCHARGE. (See FIG. 15)

 

FLOOD HAZARD AREA - The flood plain consisting of the floodway and the flood fringe area. See FLOOD PLAIN. (See FIG. 15)

 

FLOOD HAZARD DESIGN ELEVATION - The highest elevation, expressed in feet above sea level, of the level of floodwaters which delineates the flood fringe area.

 

FLOOD INSURANCE RATE MAP - The official map on which the Federal Insurance Administration has delineated both the areas of special flood hazards and the risk premium zones applicable to the community.

FLOOD PLAIN - The channel and the relatively flat area adjoining the channel of a natural stream or river which has been or may be covered by floodwater. (See FIG. 15)

 

FLOODPROOFING - A combination of structural provisions, changes or adjustments to properties and structures subject to flooding for the reduction or elimination of flood damage to properties, water and sanitary facilities and other utilities, structures and the contents of buildings.

 

FLOODWAY - The channel of a natural stream or river and portions of the flood plain adjoining the channel, which are reasonably required to carry and discharge the floodwater or flood flow of any natural stream or river. See FLOODWAY, REGULATORY.

(See FIG. 15)

 

FLOODWAY, REGULATORY - The channel and the adjacent land areas that must be reserved in order to discharge the regulatory base flood without cumulatively increasing the water surface elevation more than two tenths of one foot.

 

FLOOR AREA, GROSS - The sum of the gross horizontal areas of the several floors of a building measured from the exterior face of exterior walls, or from the centerline of a wall separating two buildings, but not including interior parking spaces, loading space for motor vehicles, or any space where the floor-to-ceiling height is less than six feet.

 

COMMENT: Interior parking spaces and loading spaces are excluded in order not to penalize applicants that include these facilities.

 

FLOOR AREA, NET - The total of all floor areas of a building, excluding stairwells and elevator shafts, equipment rooms, interior vehicular parking or loading; and all floors below the first or ground floor, except when used or intended to be used for human habitation or service to the public.

 

COMMENT: Very often, for ease of administration, net floor area is expressed as gross floor area minus a certain percentage. Empirically, stairwells, elevator shafts, equipment room and utility rooms generally average out to about 15% of the gross floor area. Thus, net floor area may be defined as gross floor area minus 15%.

 

FLOOR AREA RATIO - The gross floor area of all buildings on a lot divided by the lot area.

(See FIG. 14)

 

FRATERNAL ORGANIZATION - A group of people formally organized for a common interest, usually cultural, religious or entertainment, with regular meetings, rituals and formal written membership requirements.

 

FRONTAGE - That side of a lot abutting on a street; the front lot line. (See FIG. 20)

 

COMMENT: On corner or through lots the frontage may be designated by the owner but it should be consistent with the orientation of the other lots and improvements on the same side of the street. On improved lots the frontage is usually the side where the main building entrance is located and in the general direction in which the principal building faces.

FRONT FOOT - A measure of land width, being one foot along the front lot line of a property.

 

FRONT LOT LINE - See LOT LINE, FRONT.

 

FRONT YARD - See YARD, FRONT.

 

FUNERAL HOME - A building used for the preparation of the deceased for burial and the display of the deceased and ceremonies connected therewith before burial or cremation.

 

G

 

 

GARAGE - A deck, building or structure, or part thereof, used or intended to be used for the parking and storage of vehicles.

 

GARAGE, COMMUNITY - A garage used exclusively for the parking and storage of vehicles owned or operated by residents of nearby dwelling units and their guests, which is not operated as a commercial enterprise and is not available to the general public, and which is owned, leased or cooperatively operated by such residents.

 

GARAGE, MUNICIPAL - A structure owned or operated by a municipality and used primarily for the parking and storing of vehicles owned by the general public.

 

GARAGE, PRIVATE CUSTOMER AND EMPLOYEE - A structure which is accessory to a non-retail commercial or manufacturing establishment, building or use and is primarily for the parking and storage of vehicles operated by the customers, visitors and employees of such building, and which is not available to the general public.

 

GARAGE, PRIVATE RESIDENTIAL - A structure which is accessory to a residential building and which is used for the parking and storage of vehicles owned and operated by the residents thereof, and which is not a separate commercial enterprise available to the general public.

 

GARAGE, PUBLIC - A building, or portion thereof, other than a private customer and employee garage or private residential garage, used primarily for the parking and storage of vehicles and available to the general public.

 

GARAGE, REPAIR - Any building, premises and land in which or upon which a business, service or industry involving the maintenance, servicing repair or painting of vehicles is conducted or rendered. See AUTOMOTIVE REPAIR, SERVICES AND GARAGES.

 

GARBAGE - Animal and vegetable waste resulting from the handling, storage, sale, preparation, cooking and serving of foods. See SOLID WASTE.

 

GARDEN APARTMENT - See DWELLING, MULTIFAMILY.

 

GASOLINE STATION - See AUTOMOBILE SERVICE STATION.

 

GLARE - The effect produced by brightness sufficient to cause annoyance, discomfort, or loss in visual performance and visibility.

 

GOVERNMENT AGENCY - Any department, commission, independent agency or instrumentality of the United States, of a state, county, incorporated or unincorporated municipality, township, authority, district or other governmental unit.

 

GRADE - The degree of rise or descent of a sloping surface. (See FIG. 16)

 

GRADE, FINISHED - The final elevation of the ground surface after development. See FINISH ELEVATION. (See FIG. 21)

 

GRADE, NATURAL – The elevation of the ground surface in its natural state, before man-made alterations.

 

GRAPHIC SCALE - See SCALE.

 

GRAVEL PIT - An open land area where sand, gravel and rock fragments are mined or excavated for sale or off-tract use.

 

GREEN AREA - Land shown on a development plan, master plan or official map for preservation, recreation, landscaping or park.

 

GREENBELT - An open area which may be cultivated or maintained in a natural state surrounding development or used as a buffer between land uses or to mark the edge of an urban or developed area.

 

GREENHOUSE - A building whose roof and side are made largely of glass or other transparent or translucent material and in which the temperature and humidity can be regulated for the cultivation of delicate or out-of-season plants for subsequent sale or for personal enjoyment. See NURSERY.

 

GROSS FLOOR AREA - See FLOOR AREA, GROSS AND NET.

 

GROSS HABITABLE FLOOR AREA - See FLOOR AREA, NET.

 

GROSS LEASEABLE AREA - The total floor area for which the tenant pays rent and which is designed for the tenant’s occupancy and exclusive use.

 

COMMENT: Gross leaseable area does not include public or common areas such as utility rooms, stairwells, malls, etc.

 

GROUND COVER - Grasses or other plants grown to keep soil from being blown or washed away.

 

GROUND COVERAGE - See LOT COVERAGE.

 

GROUND FLOOR - The first floor or a building other than a cellar or basement.

 

 

 

 

GROUP CARE FACILITY - A facility or dwelling unit housing persons unrelated by blood or marriage and operating as a group family household.

 

COMMENT: A group care facility may include half-way houses; recovery homes; and homes for orphans, foster children, the elderly, battered children and women. It also could include a specialized treatment facility providing less than primary health care. See GROUP FAMILY HOUSEHOLD.

 

GROUP FAMILY HOUSEHOLD - A group of individuals not related by blood, marriage, adoption or guardianship living together in a dwelling unit as a single housekeeping unit under a common housekeeping management plan based on an intentionally structured relationship providing organization and stability. See FAMILY.

 

H

HALF STORY - See STORY, HALF

 

HEALTH CARE FACILITY - A facility or institution, whether public or private, principally engage in providing services for health maintenance, diagnosis or treatment of human disease, pain, injury, deformity or physical condition, including, but not limited to, a general hospital, special hospital, mental hospital, public health center, diagnostic center, treatment center, rehabilitation center, extended care facility, skilled nursing home, nursing home, intermediate care facility, tuberculosis hospital, chronic disease hospital, maternity hospital, outpatient clinic, dispensary, home health care agency, boarding home or other home for sheltered care, and bioanalytical laboratory or central services facility serving one or more such institutions but excluding institutions that provide healing solely by prayer. See HEALTH SERVICES.

 

HEALTH SERVICES - Establishments primarily engaged in furnishing medical, surgical or other services to individuals, including the offices of physicians, dentists, and other health practitioners, medical and dental laboratories, out-patient care facilities, blood banks, and oxygen and miscellaneous types of medical supplies and services.

 

HEIGHT - The vertical distance of a structure measured from the average elevation of the finished grade within 20 feet of the structure to the highest point of the structure. See BUILDING HEIGHT. (See FIG. 3)

 

HEIGHT OF STRUCTURE - The height of any structure other than a building is the vertical dimension measured from the average graded level of the ground immediately contiguous to its base up to its highest point.

 

HIGH-RISE - See DWELLING, HIGH-RISE.

 

 

 

 

 

HIGHEST AND BEST USE - An appraisal concept that determines the use of a particular property likely to produce the greatest net return in the foreseeable future.

 

COMMENT: The term highest and best use has little validity in planning or zoning studies. Its major application is probably as a comparison between several uses to determine which is more profitable.

 

HISTORIC AREA - A district or zone designated by a local authority, state or federal government within which the buildings, structures, appurtenances and places are of basic and vital importance because of their association with history, or because of their unique architectural style and scale, including color, proportion, form and architectural detail, or because of their being a part of or related to a square, park, or area the design or general arrangement of which should be preserved and/or developed according to a fixed plan based on cultural, historical or architectural motives or purposes.

 

COMMENT; Designation by the appropriate state agency is a prerequisite for listing by the National Register of Historic Places.

 

HISTORIC BUILDING - Any building or structure which is historically or architecturally significant.

 

HISTORIC BUILDING STYLES - Recognized architectural styles such as Colonial; Federal; Greek Revival; Victorian; Gothic Revival; Victorian Gothic; Romanesque Revival.

(See FIG. 19)

 

COMMENT: The definition is actually a partial listing of major American historic building styles. For purposes of historic district zoning for a particular area, this listing might be revised as appropriate and detailed architectural definitions of each style are added.

 

HISTORIC DISTRICT - See HISTORIC AREA.

 

HISTORIC PRESERVATION - The protection, rehabilitation, and restorations of district sites, buildings, structures and artifacts significant in American history, architecture, archaeology or culture.

 

HOME OCCUPATION - An accessory use of a dwelling unit for gainful employment which: a.) is clearly incidental and subordinate to the use of the dwelling unit as a residence; b.) is carried on solely within the main dwelling and does not alter or change the exterior character or appearances of the dwelling; c.) is located in a residential district; and d.) is created and operated as a sole proprietorship.

 

HOME PROFESSIONAL OFFICE - A home occupation consisting of the office of a practitioner of a recognized profession, provided that not more than two persons are employed who are not members of the family, and that such office shall be in the main building only, and shall not occupy more than the equivalent of 50 percent of the area of the first floor of the principal building. For the purposes of this paragraph, a "teacher" shall be restricted to a person giving individual instruction in a musical instrument, in singing, or in academic or scientific subjects to a single pupil at a time. A home professional office shall not include the office of any person professionally engaged in the purchase or sale of economic goods. Dancing instruction, band instrument or voice instruction in groups, tea rooms, tourist homes, beauty parlors, barber shop, hairdressing and manicuring establishments, real estate offices, convalescent homes, mortuary establishments, travel agencies, and stores, trades or businesses of any kind not herein excepted shall not be deemed to be home professional offices.

 

HOSPITAL - An institution providing primary health services and medical or surgical care to persons, primarily inpatients, suffering from illness, disease, injury, deformity and other abnormal physical or mental conditions, and including, as an integral part of the institution, related facilities such as laboratories, outpatient facilities or training facilities.

 

HOTEL - A facility offering transient lodging accommodations to the general public and providing additional services such as restaurants, meeting rooms, and recreation facilities. See BOARDING HOUSE; MOTEL; RESORT AND TOURIST HOME.

 

HOUSEHOLD - A family living together in a single dwelling unit, with common access to, and common use of, all living and eating areas and all areas and facilities for the preparation and storage of food within the dwelling unit.

 

HOUSING FOR THE ELDERLY - Multifamily housing designed for people 60 years of age or older.

 

COMMENT: Such housing usually has wider doors, elevators that can accommodate wheelchairs, special support and hand bars, and bathroom and kitchen facilities designed specifically for the elderly. It also may include care facilities, central recreation areas, and accessory medical facilities. Elderly person housing may be private or subsidized under one or more governmental programs.

 

HOUSING UNIT - A room or group of rooms used by one or more individuals living separately from others in the structure, with direct access to the outside or to a public hall and containing separate toilet and kitchen facilities. See DWELLING UNIT.

 

 

I

 

 

IMPERVIOUS SURFACE - Any material which reduces and prevents absorption of storm water into previously undeveloped land. (See FIG. 36)

 

INDUSTRIAL PARK - A large tract of land that has been planned, developed and operated as an integrated facility for a number of individual industrial uses, with special attention to circulation, parking, utility needs, aesthetics, and compatibility.

 

INGRESS - Access or entry.

 

INTERIOR LOT - See LOT, INTERIOR.

 

INSTITUTIONAL USE – A nonprofit or quasi-public use or institution such as a church, library, public or private school, hospital or municipally owned or operated building, structure or land used for public purpose.

 

INTERMEDIATE CARE FACILITY - A facility which provides, on a regular basis, health related care and services to individuals who do not require the degree of care and treatment which a hospital or skilled nursing facility is designated to provide, but who, because of their mental or physical condition, require care and services (above the level of room and board) which can be made available to them only through institutional facilities such as these.

 

ISLAND - 1.) A land area totally surrounded by water; 2.) In parking lot design, built-up structures, usually curbed, placed at the end of parking rows as a guide to traffic and also used for landscaping, signing or lighting.

 

ISOLATED LOT - An undeveloped substandard lot in separate ownership from surrounding property.

 

J

 

JUNK - Any scrap, waste, reclaimable material or debris, whether or not stored or used in conjunction with dismantling, processing, salvage, storage, baling, disposal or other use or disposition.

 

COMMENT: Junk includes vehicles, tires, vehicle parts, equipment, paper, rags, metal, glass, building materials, household appliances, brush, wood and lumber.

 

JUNKYARD - Any area, lot, land, parcel, building or structure or part thereof used for storage, collection, processing, purchase, sale or abandonment of wastepaper, rags, scrap metal or other scrap or discarded goods, materials, machinery or two or more unregistered, inoperable motor vehicles or other type of junk.

 

K

 

 

KENNEL - An establishment in which more than six dogs or domesticated animals more than one year old are housed, groomed, bred, boarded, trained or sold.

 

KIOSK - A free-standing structure upon which temporary information and/or posters, notices and announcements are posted.

 

 

L

 

LAND SURVEYOR - One who is licensed by the State as a land surveyor and is qualified to make accurate field measurements and mark, describe, and define land boundaries.

LANDSCAPE - 1.) An expanse of natural scenery; 2.) The addition of lawns, trees, plants and other natural and decorative features to land.

 

COMMENT: Landscape treatment can include walks, patios and some elements of street furniture. Natural materials often are referred to as "soft" landscape, and other materials are known as "hard" landscape.

 

LEASE - A contractual agreement for the use of lands, structures, buildings or parts thereof for a fixed time and consideration.

 

LIGHT INDUSTRY - Industrial uses which meet the performance standards, bulk controls, and other requirements established in this ordinance.

 

LOADING SPACE - An off-street space or berth used for the loading or un-loading of commercial vehicles.

 

LONG-TERM CARE FACILITY - An institution or a distinct part of an institution which is licensed or approved to provide health care under medical supervision for 24 or more consecutive hours to two or more patients who are not related to the governing authority or its members by marriage, blood or adoption.

 

COMMENT: A long-term care facility may be either a skilled nursing facility, where patients receive above a certain number of hours of nursing care daily (New Jersey requires 2.75 hours), or intermediate care facility, where patients receive less than the established number of hours of nursing care daily. In addition to a nursing home, other long-term care facilities are governmental medical institutions, or nu

 

LOT - A designated parcel, tract or area of land established by plat, subdivision, or as otherwise permitted by law, to be used, developed or built upon as a unit. (See FIG. 22)

 

LOT AREA - The total area within the lot lines of a lot, excluding any street rights-of-way.

 

LOT AVERAGING - A design technique permitting one or more lots in a subdivision to be undersized providing the same number of lots in the same subdivision are oversized by an equal or greater area.

 

LOT, CORNER - A lot or parcel of land abutting upon two or more streets at their intersection, or upon two parts of the same street forming an interior angle of less than 135 degrees. (See FIG. 18)

 

LOT COVERAGE - That portion of the lot that is covered by buildings and structures.

 

COMMENT: Some definitions expand this to include all other manmade improvements on the ground surface which are more impervious than the natural surface, such as paving, driveways, etc.

 

LOT DEPTH - The distance measured from the front lot line to the rear lot line. (See FIG. 18)

 

COMMENT: For lots where the front and rear lot lines are not parallel, the lot depth should be measured by drawing lines from the front to rear lot lines, at right angles to the front lot line, every ten feet and averaging the length of these lines.

 

LOT, DOUBLE FRONTAGE - See LOT, THROUGH.

 

LOT, FLAG - See FLAG. LOT.

 

LOT FRONTAGE - The length of the front lot line measured at the street right-of-way line.

(See FIG. 20)

 

LOT, INTERIOR - A lot other than a corner lot. (See FIG. 18)

 

LOT, ISOLATED - See ISOLATED LOT.

 

LOT LINE - A line of record bounding a lot which divides one lot from another lot or from a public or private street or any other public space. (See FIG. 20)

 

LOT LINE, FRONT - The lot line separating a lot from a street right-of-way. (See FIG. 20)

 

LOT LINE, REAR - The lot line opposite and most distant from the front lot line; or in the case of triangular or otherwise irregularly shaped lots, a line ten feet in length entirely within the lot, parallel to and at a maximum distance from the front lot line. (See FIG. 20)

 

LOT LINE, SIDE - Any lot line other than a front or rear lot line. (See FIG. 18)

 

LOT, MINIMUM AREA OF - The smallest lot area established by the zoning ordinance on which a use or structure may be located in a particular district.

 

 

LOT REAR – (See FLAT LOT)

 

LOT OF RECORD - A lot which exists as shown or described on a plat or deed in the records of the local registry of deeds.

 

LOT, REVERSE FRONTAGE - A through lot which is not accessible from one of the parallel or non-intersecting streets upon which it fronts. (See FIG. 29)

 

LOT, THROUGH - A lot which fronts upon two parallel streets, or which fronts upon two streets which do not intersect at the boundaries of the lot. (See FIG. 18)

 

LOT, TRANSITION - 1.) A lot in a transition zone; 2.) A lot between two zoning districts permitting the same uses as allowed in each zone but with different areas and/or dimensions.

 

COMMENT: The zoning ordinance normally would establish an intermediate size for the transition lot. For example, if located between a 40,000 square foot residential zone and a 20,000 square foot residential zone, the transition lot might be required to have a minimum of 30,000 square feet. The transition lot also might be part of a lot averaging design.

 

LOT WIDTH - The horizontal distance between the side lines of a lot measured at right angles to its depth along a straight line parallel to the front lot line at the minimum required building setback line. (See FIG. 18)

 

 

M

 

MALL - 1.) A shaded walk or public promenade; 2.) A shopping center where stores front on both sides of a pedestrian way which may be enclosed or open.

 

MANUFACTURING - Establishments engaged in the mechanical or chemical transformation of materials or substances into new products including the assembling of component parts, the manufacturing of products, and the blending of materials such as lubricating oils, plastics, resins or liquors.

 

MARQUEE - Any hood, canopy, awning or permanent construction which projects from a wall of a building, usually above an entrance.

 

MEDIAN ISLAND - A barrier placed between lanes of traffic flowing in opposite directions.

 

MEDICAL BUILDING - A building that contains establishments dispensing health services. See HEALTH SERVICES.

 

MEZZANINE - A partial story between two full stories. (See FIG. 3)

 

 

MINI-MALL - A shopping center between 80,000 to 150,00 square feet on site of 8 to 15 acres where tenants are located on both sides of a covered walkway with direct pedestrian access to all establishments from the walkway.

 

COMMENT: Mini-malls usually function as neighborhood shopping centers or specialty shopping centers. Mini-malls usually do not require an anchor store. See SHOPPING CENTER AND SPECIALITY SHOPPPING CENTER.

 

MINI-WAREHOUSE - A structure containing separate storage spaces of varying sizes leased or rented on an individual basis.

 

MIXED USED ZONING - Regulations which permit a combination of different uses within a single development.

 

MOBILE HOME - A structure, transportable in one or more sections, which is at least 8 feet in width and 32 feet in length, which is built on a permanent chassis and designed to be used as a dwelling unit, with or without a permanent foundation when connected to the required utilities.

 

MOBILE HOME PARK - A site with required improvements and utilities for the long-term parking of mobile homes which may include services and facilities for the residents.

 

MOTEL - An establishment providing transient accommodations containing six or more rooms with at least 25% of all rooms having direct access to the outside without the necessity of passing through the main lobby of the building.

 

MOTION PICTURE THEATER - A place where motion pictures are shown to the public for a fee.

 

MOTOR FREIGHT TERMINAL - A building or area in which trucks, including tractor or trailer units, are parked, stored, or serviced, including the transfer, loading or unloading of goods. A terminal may include facilities for the temporary storage of loads prior to transshipment.

 

MOTOR VEHICLE REPAIR SHOP - Any building, place or location, that is used or designed to be used for making repairs to motor vehicles by a "repairer", as defined in chapter 245, section 14-51 of the General Statutes, as amended.

 

MULTIFAMILY DWELLING - See DWELLING, MULTIFAMILY.

 

MULTIPHASE DEVELOPMENT - A development project that is constructed in stages, each stage being capable of existing independently of the others.

 

MULTIUSE BUILDING - A building containing two or more distinct uses.

 

COMMENT: A multiuse building might include retail stores on the first floor and apartments on the upper floors.

 

N

 

NATIONAL FLOOD INSURANCE PROGRAM - A federal program which authorizes the sale of federally subsidized flood insurance in communities where such flood insurance is not available privately.

 

NATURAL GRADE - See GRADE, NATURAL.

 

NET AREA OF LOT (NET ACREAGE) - The area of the lot excluding those features or areas which the development ordinance excludes from the calculations.

 

NONCONFORMING LOT - A lot, the area, dimensions or location of which was lawful prior to the adoption, revision or amendment of the zoning ordinance, but which fails by reason of such adoption, revision or amendment to conform to the present requirements of the zoning district.

 

NONCONFORMING SIGN - Any sign lawfully existing on the effective date of an ordinance, or an amendment thereto, which renders such sign nonconforming because it does not conform to all the standards and regulations of the adopted or amended ordinance.

 

NONCONFORMING STRUCTURE OR BUILDING - A structure or building the size, dimensions or location of which was lawful prior to the adoption, revision or amendment to a zoning ordinance, but which fails by reason of such adoption, revision or amendment, to conform to the present requirements of the zoning district.

 

NONCONFORMING USE - A use or activity which was lawful prior to the adoption, revision or amendment of a zoning ordinance, but which fails, by reason of such adoption, revision or amendment, to conform to the present requirements of the zoning district.

 

NURSERY - Land or greenhouses used to raise flowers, shrubs and plants for sale. See GREENHOUSE.

 

NURSERY SCHOOL - See CHILD CARE CENTER.

 

NURSING HOME - An extended or intermediate care facility licensed or approved to provide full-time convalescent or chronic care to individuals who, by reason of advanced age, chronic illness or infirmity, are unable to care for themselves.

 

COMMENT: Nursing homes are now usually referred to as long-term facilities. See EXTENDED CARE FACILITY; INTERMEDIATE CARE FACILITY AND LONG-TERM CARE FACILITY.

 

 

 

 

 

O

 

OCCUPANCY OR OCCUPIED - The residing of an individual or individuals overnight in a dwelling unit, or the installation, storage or use of equipment, merchandise or machinery in any public, commercial or industrial building.

 

OCCUPANCY PERMIT - A required permit allowing occupancy of a building or structure after it has been determined that the building meets all the requirements of applicable ordinances.

 

COMMENT: The occupancy permit may be a temporary one for a given period of time to permit completion of certain improvements. For example, installation of landscaping may be delayed because of weather. Obviously, a temporary permit would not be granted if the unfinished or incomplete improvement is essential to the use or affects health or safety.

 

OFFICE - A room or group of rooms used for conducting the affairs of a business, profession, service, industry or government.

 

OFFICE BUILDING - A building used primarily for conducting the affairs of a business, profession, service, industry or government, of like activity, that may include ancillary services for office workers such as a restaurant, coffee shop, newspaper or candy stand.

 

COMMENT: Standards for office buildings vary enormously. Typical controls include floor area ratio, height, ground coverage and parking.

 

OFFICE PARK - A development on a tract of land that contains a number of separate office buildings, supporting uses and open space designed, planned, constructed and managed on an integrated and coordinated basis.

 

OFFICE -AT-HOME - A home occupation in which a part of a dwelling unit is used primarily as the resident’s office. See HOME OCCUPATION AND HOME PROFESSIONAL OFFICE.

 

OFF-SITE - Located outside the lot lines of the lot in question but within the property (of which the lot is a part) that is the subject of a development application, or within a contiguous portion of a street or other right-of-way. (See FIG. 25)

 

OFF-STREET PARKING SPACE - A temporary storage area for a motor vehicle that is directly accessible to an access aisle, and which is not located on a dedicated street right-of-way. (See FIG. 2)

 

OFF-TRACT - Not located on the property that is the subject of a development application not on a contiguous portion of a street or other right-of-way. (See FIG. 25)

 

ON SITE - Located on the lot that is the subject of an application for development. (See FIG. 25)

 

ON-STREET PARKING SPACE - A temporary storage area for a motor vehicle which is located on a dedicated street right-of-way. (See FIG. 2)

 

ON TRACT - Located on the property that is the subject of a development application or on a contiguous portion of a street or other right-of-way.

 

OPEN SPACE, COMMON – Land within or related to a development, not individually owned or dedicated for public use, which is designed and intended for the common use or enjoyment of the residents of the development and may include such complementary structures and improvements as are necessary and appropriate.

 

P

 

PARAPET - The extension of the main walls of a building above the roof level. (See FIG. 13)

 

PARCEL - A lot or tract of land. (See FIG. 22)

 

PARK - A tract of land, designated and used by the public for active and passive recreation.

 

PARKING ACCESS - The area of a parking lot that allows motor vehicles ingress and egress from the street. (See FIG. 2)

 

PARKING AREA - Any public or private land area designed and used for parking motor vehicles including parking lots, garages, private driveways and legally designated areas of public streets. See GARAGE.

 

PARKING AREA, PRIVATE - A parking area for the private use of the owners or occupants of the lot on which the parking area is located.

 

PARKING AREA, PUBLIC - A parking area available to the public, with or without compensation, or used to accommodate clients, customers or employees.

 

PARKING BAY - The parking module consisting of one or two rows of parking spaces and the aisle from which motor vehicles enter and leave the spaces.

 

PARKING LOT - An off-street, ground level area, usually surfaced and improved, for the temporary storage of motor vehicles. See GARAGE, PARKING AREA.

 

PARKING SPACE - A space for the parking of a motor vehicle within a public or private parking area. See OFF-STREET PARKING SPACE; ON-STREET PARKING SPACE.

 

PAROCHIAL SCHOOL - See SCHOOL, PAROCHIAL.

 

PARTY DRIVEWAY - A single way providing vehicular access to two adjoining properties.

(See FIG. 22)

 

PARTY IMMEDIATELY CONCERNED - For purposes of notice, party immediately concerned means any applicant for development, the owners of the subject property, and all owners of property and government agencies entitled to notice under a zoning ordinance, subdivision regulations or other development controls.

 

PARTY WALL - A common shared wall between two separate structures, buildings or dwelling units. (See FIG. 22)

 

PATH - A cleared way for pedestrians and/or bicycles which may or may not be paved.

 

PATIO - See TERRACE.

 

PAVEMENT - 1.) Brick, stone, concrete or asphalt placed on the surface of the land; 2.) That part of a street having an improved surface.

 

PERFORMANCE GUARANTEE - Any security that may be accepted by a municipality as a guarantee that improvements required as part of an application for development are satisfactorily completed.

 

PERIMETER - The boundaries or borders of a lot, tract, or parcel of land.

 

PERIMETER LANDSCAPED OPEN SPACE - A landscaped area intended to enhance the appearance of parking lots and other outdoor auto related uses or to screen incompatible uses from each other along their boundaries.

 

PERMIT - Written governmental permission issued by an authorized official, empowering the holder thereof to do some act not forbidden by law, but not allowed without such authorization.

 

PERMITTED USE - Any use allowed in a zoning district and subject to the restrictions applicable to that zoning district.

 

PERSONAL SERVICES - Establishments primarily engaged in providing services involving the care of a person or his or her apparel.

 

COMMENT: Personal services usually includes the following: laundry, cleaning and garment services, garment pressing, linen supply, diaper service, coin-operated laundries, dry cleaning plants, carpet and upholstery cleaning, photographic studios, beauty shops, barber shops, shoe repair, hat cleaning, funeral services, steam baths, reducing salons and health clubs, clothing rental, locker rental, porter service, etc..

 

PERVIOUS SURFACE - Any material that permits full or partial absorption of storm water into previously unimproved land. See IMPERVIOUS SURFACE. (See FIG. 36)

 

PLAZA - An open space which may be improved and landscaped; usually surrounded by streets and buildings. See COURT. (See FIG. 13)

 

PLOT - 1.) A single unit parcel of land; 2.) A parcel of land that can be identified and referenced to a recorded plat or map.

 

PORCH - A roofed open area, which may be glazed or screened, usually attached to or part of and with direct access to or from a building. (See FIG. 24)

 

COMMENT: A porch becomes a room when the space enclosed is heated or air conditioned and, if glazed, when the percentage of window area to wall area is less than 50%.

 

PREMISES - A lot, parcel, tract or plot of land together with the buildings and structures thereon.

PRINCIPAL BUILDING - See BUILDING, PRINCIPAL.

 

PRINCIPAL USE - The primary or predominant use of any lot.

 

PRIVATE CLUB OR LODGE - A building and related facilities owned or operated by a corporation, association or group of individuals established for the fraternal, social, educational, recreational or cultural enrichment of its members and not primarily for profit, and whose members meet certain prescribed qualifications for membership and pay dues.

 

PRIVATE SCHOOL - See SCHOOL, PRIVATE.

 

PROFESSIONAL OFFICE - The office of a member of a recognized profession maintained for the conduct of that profession. See HOME PROFESSIONAL OFFICE.

 

PROHIBITED USE - A use that is not permitted in a zone district.

 

COMMENT: Most ordinances are permissive ordinances and a use not specifically permitted is prohibited.

 

PROJECT - A development with the necessary site improvements, on a particular parcel of land.

 

PROJECTION - 1.) A prediction of a future state based on an analysis of what has happened in the past; 2.) Part of a building or structure which is exempt from the bulk requirements of the zoning ordinance.

 

COMMENT: Usually bay windows and steps may project into required yards, and mechanical equipment on roofs may exceed the height limitation.

 

PROPERTY LINE - See LOT LINE.

 

PUBLIC AREAS - Public parks, playgrounds, trails, paths and other recreational areas and other public open spaces; scenic and historic sites; schools and other public buildings and structures.

 

PUBLIC GARAGE - See GARAGE, PUBLIC.

PUBLIC HEARING - A meeting announced and advertised in advance and open to the public, with the public given an opportunity to talk and participate.

 

PUBLIC IMPROVEMENT - Any improvement, facility or service together with its associated public site or right-of-way necessary to provide transportation, drainage, public or private utilities, energy or similar essential services.

 

PUBLIC NOTICE - The advertisement of a public hearing in a paper of general circulation in the area, and through other media sources, indicating the time, place and nature of the public hearing.

 

PUBLIC UTILITY - A closely regulated private enterprise with an exclusive franchise for providing a public service.

 

PUBLIC UTILITY FACILITIES - Telephone, electric and cable television lines, poles, equipment and structures; water or gas pipes, mains, valves or structures; sewer pipes, valves or structures; pumping stations; telephone exchanges and repeater stations; and all other facilities, equipment and structures necessary for conducting a service by a government or a public utility.

Q

 

QUADRUPLEX - See DWELLING, QUADRUPLEX.

 

QUARRY - A place where rock, ore, stone and similar materials are excavated for sale or for off-tract use. See GRAVEL PIT; SAND PIT.

 

QUASI-PUBLIC - A use owned or operated by a nonprofit, religious or eleemosynary institution and providing educational, cultural, recreational, religious or similar types of public programs.

 

R

 

REAR YARD - See YARD, REAR

 

REASONABLE USE DOCTRINE - A common law principle that no one has the right to use his property in a way which deprives others of the lawful enjoyment of their property.

 

RECREATION, ACTIVE - Leisure time activities, usually of a more formal nature and performed with others, often requiring equipment and taking place at prescribed places, sites or fields.

 

COMMENT: The term active recreation is more a word of art than a precise definition. It obviously includes swimming, tennis and other court games, baseball and other field sports, and playground activities. There may be a legitimate difference of opinion as to whether park use per se may be considered active recreation, although obviously certain activities in parks clearly would qualify. Bike riding, hiking, walking and picnicking are usually not considered active recreation.

 

RECREATION FACILITY - A place designed and equipped for the conduct of sports, leisure time activities and other customary and usual recreational activities.

 

RECREATION FACILITY, COMMERCIAL - A recreation facility operated as a business and open to the public for a fee.

 

RECREATION FACILITY, PERSONAL - A recreation facility provided as an accessory use on the same lot as the principal permitted use and designed to be used primarily by the occupants of the principal use and their guests.

 

RECREATION FACILITY, PRIVATE - A recreation facility operated by a non-profit organization, and open only to bona fide members and guests of such nonprofit organization.

 

RECREATION FACILITY, PUBLIC - A recreation facility operated by a governmental agency and open to the general public.

 

RECREATION, PASSIVE - Any leisure time activity not considered active.

 

REHABILITATION - The upgrading of a building previously in a dilapidated or substandard condition, for human habitation or use.

 

RELIGIOUS USE - A structure or place in which worship, ceremonies, rituals and education pertaining to a particular system of beliefs are held.

 

REPAIR GARAGE - See GARAGE, REPAIR.

 

RESEARCH LABORATORY - An establishment or other facility for carrying on investigation in the natural, physical or social sciences, or engineering and development as an extension of investigation with the objective of creating end products.

 

RESIDENTIAL DENSITY - The number of dwelling units per acre of residential land.

 

COMMENT: The density must be further defined in terms of net or gross. See DENSITY.

 

RESIDENTIAL UNIT - See HOUSEHOLD.

 

RESORT - A facility for transient guests where the primary attraction is generally recreational features or activities.

 

RESOURCE RECOVERY - The process of obtaining materials or energy, particularly from solid waste.

 

REST HOME - See NURSING HOME.

 

 

RESTAURANT - An establishment where food and drink is prepared, served and consumed primarily within the principal building. See CARRY-OUT RESTAURANT; DRIVE-IN RESTAURANT; FAST-FOOD RESTAURANT; RETAIL FOOD ESTABLISHMENT.

 

RESTORATION - The replication or reconstruction of a building’s original architectural features.

 

COMMENT: Restoration is usually used to describe the technique of preserving historic buildings. Rehabilitation, which also accomplishes building upgrading, does not necessarily retain the building’s original architectural features. See REHABILITATION.

 

RETAIL FOOD ESTABLISHMENT - Any fixed or mobile place or facility at or in which food or drink is offered or prepared for retail sale or for service with or without charge on or at the premises or elsewhere.

 

COMMENT: Agricultural markets, covered dish suppers or similar type of church or nonprofit type institution meal services usually are exempt and fall under the definition of a temporary retail food establishment.

 

RETAIL SERVICES: Establishments providing services or entertainment, as opposed to products, to the general public, including eating and drinking places, hotels and motels, finance, real estate and insurance, personal services, motion pictures, amusement and recreation services, health, educational and social services, museums and galleries.

 

RETAINING WALL - A structure constructed to hold back or support an earthen bank.

 

REUSE - A use for an existing building or parcel of land other than for which it was originally intended.

 

REZONE - To change the zoning classification of particular lots or parcels of land.

 

RIDGE LINE - The intersection of two roof surfaces forming the highest horizontal line of the roof. (See FIG. 26)

 

RIDING ACADEMY - An establishment where horses are boarded and cared for and where instruction in riding, jumping and showing is offered and the general public may, for a fee, hire horses for riding.

 

RIGHT OF ACCESS - The legal authority to enter or leave a property.

 

RIGHT-OF-WAY - 1.) A strip of land acquired by reservation, dedication, forced dedication, prescription or condemnation and intended to be occupied or occupied by a road, crosswalk, railroad, electric transmission lines, oil or gas pipeline, water line, sanitary storm sewer and other similar uses; 2.) Generally, the right of one to pass over the property of another. (See FIG. 1)

 

RIGHT-OF-WAY LINES - The lines that form the boundaries of a right-of-way. (See FIG. 1)

ROAD - See STREET

 

ROOF - The outside top covering of a building. (See FIG. 26)

 

ROOF, FLAT - A roof which is not pitched and the surface of which is parallel to the ground. (See FIG. 26)

 

ROOF, GABLE - A ridged roof forming a gable at both ends of the building. (See FIG. 26)

 

ROOF, GAMBREL - A gabled roof with two slopes on each side, the lower steeper than the upper. (See FIG. 26)

 

ROOF, HIP - A roof with sloping ends and sides. (See FIG. 26)

 

ROOF, MANSARD - A roof with two slopes on each of four sides, the lower steeper than the upper. (See FIG. 26)

 

COMMENT: In current use the upper slope may be flat.

 

ROOF, SHED - A roof with one slope. (See FIG. 26)

 

ROOMING HOUSE - See BOARDING HOUSE.

 

ROOMING UNIT - Any habitable room or group of rooms forming a single habitable unit, used or intended to be used for living and sleeping, but not for cooking or eating.

 

ROW HOUSE - See DWELLING, TOWNHOUSE.

 

S

 

SAND PIT - A surface mine or excavation used for the removal of sand, gravel, or fill dirt for sale or for use off-tract. See GRAVEL PIT; QUARRY.

 

SANITARY LAND FILL - A site for solid waste disposal.

 

SANITARY SEWERS - Pipes that carry only domestic or commercial sewage and into which storm, surface and ground waters are not intentionally admitted. See SEWER.

 

SCHOOL, PAROCHIAL - A school supported and controlled by a church or religious organization. See SCHOOL, PRIVATE.

 

SCHOOL, PRIVATE - Any building or group of buildings the use of which meets state requirements for primary, secondary or higher education and which use does not secure the major part of its funding from any governmental agency.

 

 

 

SCREENING: 1.) A method of visually shielding or obscuring one abutting or nearby structure or use from another by fencing, walls, berms or densely planted vegetation; 2.) The removal of relatively coarse floating and/or suspended solids by straining through racks or screens.

 

SEASONAL DWELLING UNIT - A dwelling unit that lacks one or more of the basic amenities or utilities required for all year or all weather occupancy.

 

SEMIDETACHED - See DWELLING, SEMIDETACHED

 

SEMI-PUBLIC - See QUASI-PUBLIC.

 

SENIOR CITIZEN HOUSING - See HOUSING FOR THE ELDERLY.

 

SERVICE STATION - See AUTOMOBILE SERVICE STATION.

 

SERVICES - Establishments primarily engaged in providing services for individuals, business and government establishments and other organizations; including hotels and other lodging places; establishments providing personal, business, repair and amusement services; health, legal, engineering, and other professional services; educational institutions; membership organizations, and other miscellaneous services.

 

SETBACK - The distance between the street right-of-way line and the front line of a building or any projection thereof, excluding uncovered steps. (See FIG. 20)

 

SETBACK LINE - That line that is the required minimum distance from the street right-of-way line or any other lot line that establishes the area within which the principal structure must be erected or placed. See BUILDING LINE. (See FIG. 20)

 

SEWER - Any pipe or conduit used to collect and carry away sewage or storm water runoff from the generating source to treatment plants or receiving streams.

 

COMMENT: A sewer that conveys household, commercial and industrial sewage is called a sanitary sewer; if it transports runoff from rain or snow, it is a storm sewer. If storm water runoff and sewage are transported in the same system, then it is a combined sewer.

 

SHOPPING CENTER - A group of commercial establishments planned, constructed and managed as a total entity with customer and employee parking provided on-site, provision for goods delivery separated from customer access, aesthetic considerations and protection from the elements.

 

SIDE YARD - See YARD, SIDE.

 

SIDEWALK - A paved, surfaced or leveled area, paralleling and usually separated from the street, used as a pedestrian walkway.

 

 

SIGHT TRIANGLE - A triangular shaped portion of land established at street intersections in which noting is erected, placed, planted or allowed to grow in such a manner as to limit or obstruct the sight distance of motorists entering or leaving the intersection.

(See FIG. 1)

 

SIGN - Any object, device, display or structure, or part thereof, situated outdoors or indoors, which is used to advertise, identify, display, direct or attract attention to an object, person, institution, organization, business, product, service, event or location by any means, including words, letters, figures, design, symbols, fixtures, colors, illumination or projected images.

 

SIGN, ANIMATED OR MOVING - Any sign or part of a sign which changes physical position by any movement or rotation or which gives the visual impression of such movement or rotation.

 

SIGN AREA - The entire face of a sign including the advertising surface and any framing, trim or molding, but not including the supporting structure.

 

SIGN, AWNING, CANOPY OR MARQUEE - A sign that is mounted or painted on, or attached to, an awning, canopy or marquee that is otherwise permitted by ordinance.

(See FIG. 27)

 

SIGN, BILLBOARD - A sign which directs attention to a business, commodity, service or entertainment conducted, sold or offered at a location other than the premises on which the sign is located.

 

SIGN, BULLETIN BOARD - A sign which identifies an institution or organization on the premises of which it is located and which contains the name of the institution or organization, the names of individuals connected with it, and general announcements of events or activities occurring at the institution or similar messages.

 

SIGN, BUSINESS - A sign which directs attention to a business or profession conducted, or to a commodity or service sold, offered or manufactured, or to an entertainment offered on the premises where the sign is located.

 

SIGN, CONSTRUCTION - A temporary sign erected on the premises on which construction is taking place, during the period of such construction, indicating the names of the architects, engineers, landscape architects, contractors or similar artisans, and the owners, financial supporters, sponsors and similar individuals or firms having a role or interest with respect to the structure or project.

 

SIGN, DIRECTIONAL - Signs limited to directional messages, principally for pedestrian or vehicular traffic, such as "one-way", "entrance" and "exit."

 

SIGN, FACADE - See SIGN WALL.

 

SIGN, FACE - The area or display surface used for the message.

SIGN, FLASHING - Any directly or indirectly illuminated sign which exhibits changing natural or artificial light or color effects by any means whatsoever.

 

SIGN, FREE STANDING - Any nonmovable sign not affixed to a building.

 

SIGN, GOVERNMENTAL - A sign erected and maintained pursuant to and in discharge of any governmental functions, or required by law, ordinance or other governmental regulation.

 

SIGN, GROUND - Any sign, other than a pole sign, placed upon or supported by the ground independent of any other structure. (See FIG. 27)

 

SIGN, HOLIDAY DECORATION - Temporary signs, in the nature of decorations, clearly incidental to and customarily and commonly associated with any national, local or religious holiday.

 

SIGN, HOME OCCUPATION - A sign containing only the name and occupation of a permitted home occupation.

 

SIGN, IDENTIFICATION - A sign giving the nature, logo, trademark or other identifying symbol; address; or any combination of the name, symbol and address of a building, business, development or establishment on the premises where it is located.

 

SIGN, ILLUMINATED - A sign lighted by or exposed to artificial lighting either by lights on or in the sign or directed towards the sign.

 

SIGN, MEMORIAL - A sign, table or plaque memorializing a person, event, structure or site.

 

SIGN, NAME PLATE - A sign, located on the premises, giving the name or address, or both, of the owner or occupant of a building or premises.

 

SIGN, OFF-PREMISE - See SIGN, BILLBOARD.

 

SIGN, ON-SITE INFORMATIONAL - A sign commonly associated with, and not limited to, information and directions necessary or convenient for visitors coming on the property, including signs marking entrances and exits, parking areas, circulation direction, rest rooms, and pick-up and delivery areas.

 

SIGN, POLE - A sign that is mounted on a free standing pole or other support so that the bottom edge of the sign is six feet or more above grade. (See FIG. 27)

 

SIGN, POLITICAL - A temporary sign announcing or supporting political candidates or issues in connection with any national, state or local election.

 

SIGN, PORTABLE - A sign that is not permanent, affixed to a building, structure or the ground. (See FIG. 27)

SIGN, PRIVATE SALE OR EVENT - A temporary sign advertising private sales of personal property such as "house sales," "garage sales," "rummage sales’ and the like or private not-for-profit events such as picnics, carnivals, bazaars, game nights, art fairs, craft shows and Christmas tree sales.

 

SIGN, PROJECTING - A sign that is wholly or partly dependent upon a building for support and which projects more than 12 inches from such building. (See FIG. 27)

 

SIGN, REAL ESTATE - A sign pertaining to the sale or lease of the premises, or a portion of the premises, on which the sign is located.

 

SIGN, ROOF - A sign that is mounted on the roof of a building or which is wholly dependent upon a building for support and which projects above the point of a building with a flat roof, the eave line of a building with a gambrel, gable or hip roof or the deck line of a building with a mansard roof. (See FIG. 27)

 

SIGN, TEMPORARY - A sign or advertising display constructed of cloth, canvas, fabric, plywood or other light material and designed or intended to be displayed for a short period of time.

 

SIGN, WALL - A sign fastened to or painted on the wall of a building or structure in such a manner that the wall becomes the supporting structure for, or forms the background surface of the sign and which does not project more than 12 inches from such building or structure. (See FIG. 27)

 

SIGN, WARNING - Signs limited to messages of warning, danger or caution.

 

SIGN, WINDOW - A sign that is applied or attached to the exterior or interior of a window or located in such manner within a building that it can be seen from the exterior of the structure through a window. (See FIG. 29)

 

SINGLE OWNERSHIP - Ownership by one or more persons in any form of ownership of a lot or lots partially or entirely in the same ownership.

 

SINGLE-FAMILY DWELLING - See DWELLING, SINGLE-FAMILY.

 

SINKING - A method of controlling oil spills that employs an agent to entrap oil droplets and sink them to the bottom of the body of water.

 

SITE - Any plot or parcel of land or combination of contiguous lots or parcels of land.

(See FIG. 25)

 

 

 

 

 

 

SITE PLAN - The development plan for one or more lots on which is shown the existing and proposed conditions of the lot including: topography, vegetation, drainage, flood-plains, marshes and waterways; open spaces, walkways, means of ingress and egress, utility services, landscaping, structures and signs, lighting, and screening devices; any other information that reasonably may be required in order than an informed decision can be made by the approving authority.

 

SKILLED NURSING HOME - See EXTENDED CARE FACILITY.

 

SLOPE - The degree of deviation of a surface from the horizontal, usually expressed in percent or degrees. See GRADE. (See FIG. 16)

 

SOIL EROSION AND SEDIMENT CONTROL PLAN - A plan that indicates necessary land treatment measures, including a schedule for installation, which will effectively minimize soil erosion and sedimentation. See SEC. 25-27 FOR SPECIAL DEFINITIONS.

 

SOLID WASTE – Unwanted or discarded material, including garbage with insufficient liquid content to be free flowing.

 

SPECIAL EXCEPTION USE - A use permitted in a particular zoning district only upon showing that such use in a specified location will comply with all the conditions and standards for the location or operation of such use as specified in a zoning ordinance and authorized by the Planning & Zoning Commission.

 

SPECIAL USE PERMIT - A permit issued by the proper governmental authority which must be acquired before a special exception use can be constructed. See CONDITIONAL USE PERMIT.

 

SPECIALITY SHOPPING CENTER - A shopping center whose shops cater to a specific market and are linked together by an architectural, historical or geographic theme or by a commonality of goods and services. Also known as a theme or fashion center. See