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HomeMy WebLinkAbout1111 - DefinitionsSECTION 1111 DEFINITIONS SUBSECTIONS 1111.100: Definitions 1111.100: DEFINITIONS: Whenever the following words or terms are used in the Subdivision Code or Zoning Code, whether or not capitalized, they shall have such meanings herein ascribed to them, unless the term is defined more specifically in an applicable Section or unless the context makes such meaning repugnant thereto: Abutting or Adjoining. Having a common border with, or being separated from such a common border by an alley. Aisle or Access Aisle. The traveled way by which vehicles enter and depart parking spaces. Alley. A public right-of-way, with a width not exceeding 24 feet nor less than 12 feet which affords a secondary means of access to property abutting the alley. Alteration. Any change, addition, or modification in construction or occupancy of an existing structure or modification to the surface of the ground. Antenna. Any structure or device used for the purpose of collecting or transmitting electromagnetic waves, including but not limited to directional antennas, such as panels, microwave dishes, communication towers and equipment, satellite dishes, and omni-directional antennas, such as whip antennas. Automobile. A motor vehicle designed for use on the road, typically with four wheels, powered by an internal combustion engine or electric motor and able to carry a small number of people. Berm. A land alteration where fill is added to the surface of the ground in order to create an earthen mound or hill generally used in conjunction with walls, fences, or plant materials to screen or insulate one parcel of land from another or from a street. Block. An area of land within a subdivision that is entirely bounded by streets, or by streets and the entire boundary or boundaries of the subdivision, or by a combination of the above with a river or lake. Block Front. The distance between intersections along one side of a street. Bluff. A topographic feature such as a hill, cliff, or embankment having all of the following characteristics:  Part or all of the feature is located in a Shoreland area;  The slope rises at least 25 feet above the Ordinary High Water Level of the water body;  The grade of the slope from the toe of the bluff to a point 25 feet or more above the Ordinary High Water Level averages 30% or more; and  The slope must drain toward the water body. Except that an area with an average slope of less than 18% over a distance of 50 feet or more shall not be considered part of the bluff. Parts of a bluff include the following: Bluff, Toe of the. The lower point of a 50-foot segment with an average slope exceeding 18%. Bluff, Top of the. The highest point of the slope, as measured from the toe of the bluff, where the grade becomes less than 30%. Bluff Impact Zone. A bluff and land located within 20 feet from the top of a bluff. Bluff Setback. The required setback from the Top of Bluff which is determined as follows: as measured from the Top of Bluff, the upper end of a segment at least 25 feet in length having an average slope less than 18%. Boat House. A structure used solely for the storage of watercraft or watercraft equipment. Boat Lift: A structure or device, with or without a boat lift canopy but without walls that is designed to lift watercraft above the level of the public water or ground elevation when not in use. This definition also includes rail systems or track systems extending from the land bed to the shore. Boat Lift Canopy: A structure or device no larger than 240 square feet in area with a fabric covered roof that extends no more than 12” below the roof line and without walls or a floor that is attached to or an integral part of the boat lift and/or track system, and is designed to shelter watercraft. Boat Slip. An area of water adjacent to a dock or slip structure which is used for storage of one watercraft. Boulevard. That portion of a street right-of-way between the curb line and property line. Buffer. An area of natural, non-invasive, permanently undisturbed, vegetated ground cover adjoining and surrounding a wetland measured from the delineated edge of the wetland. Bufferyard. An area of land established to protect and screen one type of land use from another land use that is incompatible. Normally, the area is landscaped and kept in open space use. Screening techniques include the addition of vertical elements such as fences, walls, hedges, berms, or other features to mitigate the effects of incompatible land uses. Building. Any structure having a roof which may provide shelter or enclosure of persons, animals or chattel. When separated by a party wall without openings, each portion so separated shall be deemed a separate building. The following parts and descriptions are used to describe Buildings: Building Basement or Basement. That portion of the building having more than 1/2 of the ground floor-to-ceiling height below the average grade of the adjoining ground. Building Facade or Facade. The exterior wall of a building exposed to public view. 25 ’ Building Face. That portion of the exterior wall of a structure which shall lie in a vertical plane. Any break in a building face shall be defined by an exterior angle of at least 210 degrees or a curved portion of such exterior wall which shall have a central angle of 30 degrees or more. Building Height. A distance to be measured from the mean curb level along the front lot line or from the finished grade level for all that portion of the structure having frontage on a public right-of-way to the top of the roofline of a flat roof; to the deck line of a mansard roof; to the uppermost point on a round or other arch type roof; or the mean distance of the highest gable on a pitched or hip roof. Building Roof Line or Roof Line. The lowest plane at which the external upper covering of a building begins. Building Story or Story. That portion of a building included between the surface of any floor and the surface of the floor next above; or if there is not a floor above, the space between the floor and the ceiling next above. A basement shall not be counted as a story. Building, Accessory. See Structure, Accessory Building, Principal. The primary building on the lot as distinguished from an accessory structure. Carport. Space for the housing or storage of motor vehicles and enclosed on not more than 2 sides. Channel. The natural or artificial depression of perceptible extent along a stream or drainageway with a definite bed and bank to confine and conduct flowing water either continuously or periodically. Civil Engineer. A person licensed to practice civil engineering under Minnesota Statutes §326.02 to 326.15. Comprehensive Plan. The group of maps, charts and texts that make up the comprehensive long- range plan of the City including but not limited to the text of the Comprehensive Plan, the Land Use Map, Transportation Plan and the Capital Improvements Program. Concept Plan. A concept plan or informal map of a proposed subdivision of sufficient accuracy to be used for the purpose of discussion with the City staff and classification within the City Code. Curb Level. The grade elevation as established by the City at the curb in front of the center of the building. Where no curb level has been established, the Public Works Director shall determine a curb level or its equivalent for the purpose of the City Code. Deck. A horizontal, unenclosed platform with or without attached railings, seats, trellises, or other features, attached or functionally related to a principal use or site and extending 30 inches or more above ground at any point. Density. The number of dwelling units per net acre of land. Design Standards. The specifications for the preparation of plats, both preliminary and final, indicating among other things the optimum, minimum or maximum dimensions of such items as rights-of-way, blocks, easements and lots. Developer. Any person who undertakes to improve a parcel of land by platting, grading, installing utilities or constructing any building thereon. Development. All structures, land uses, and other modifications of the existing landscape above and below ground or water, on a single parcel, or on more than one parcel if covered by a single PUD or conditional use permit. Dimensional Standards. Numerical standards relating to spatial relationships, including but not limited to setback, lot area, frontage, and height. Discontinue or Discontinuance. To cease a use or activity or to remove or fail to restore/replace a structure for any reason usually for a set period of time but excluding any time during routine seasonal closure and excluding remodeling where a valid building permit has been issued. Driveway. A private roadway providing access to a street. Dwelling or Dwelling Unit. A building or portion of a building occupied or intended to be occupied for residential accommodation which includes permanent cooking, sleeping and bathroom facilities arranged for use as living quarters for one family. Does not include uses such as hotels, motels, hospitals, nursing homes, and bed and breakfasts. Easement. The grant of one or more of the property rights by the owner to, or for the use by, the public, public utility, corporation, or another person or entity. Excavation. Removal of soil, rock, minerals, debris or organic substances other than vegetation from a parcel of land. Family. Family shall mean one of the following:  Any group of people living together as a single housekeeping unit, all of whom are related by blood, marriage, or adoption plus children who are under foster care.  Up to four people unrelated, living together as a single housekeeping unit.  Any group of people living together as a single housekeeping unit, if no more than two adult members function as the heads of the household group and the remaining members are dependent upon them for care and direction due to age, physical disability, a mental incompetency or for other reasons.  Any individual who is the owner, living and maintaining a common household and using a common cooking and kitchen facility. Feedlot. A confined area or structure used for feeding, breeding or holding livestock for eventual sale in which animal waste may accumulate, also including barns, pens or other structures used in a dairy farm operation. For purposes of these regulations, pastures and feedlots accommodating fewer than 10 animals shall not be considered animal feedlots. Fence. Any artificially constructed barrier of any material or combination of materials erected to enclose or screen areas of land. Filling (also referred to as Land Reclamation). The placement of sand, gravel, earth or other materials of any composition on a parcel of land. Floor Area. The sum of the gross horizontal areas of the several floors of a building including interior balconies, mezzanines, basements, attics, penthouses and attached accessory buildings. Measurements shall be made from the inside of exterior walls and to the center of interior walls. For the purposes of determining off-street parking requirements, inside off-street parking or loading space is excluded from floor area. Parts of a Floor Area include: Floor Area, Customer. That part of the floor area of a commercial establishment used by and accessible to the public, except public rest rooms. Floor Area, Ground. The part of the floor area of a building or buildings measured from the exterior faces of exterior walls but excluding decks and terraces and detached garages which do not exceed 12 feet in height. Floor Area Ratio (FAR). The numerical value obtained by dividing the total floor area of a building or buildings excluding the basement by the lot area on which such building or buildings are located. Forester. A person holding at least a Bachelor of Science degree in forestry from an accredited four-year college of forestry. Grade. The average elevation of the finished ground level at the midpoint of all walls of a building, or in the case of signs, the average elevation of the finished ground level at the base of a sign. This definition includes the terms finished grade and mean ground level. Grading. Excavating, filling or other changes in the earth's natural topography including stockpiling of earth or land. Ground Cover. Plants, other than turf grass, normally reaching an average maximum height of not more than 18 inches at maturity. Hedge. A landscape barrier consisting of a continuous, dense planting of shrubs. Holiday Lights or Holiday Décor. Decorations, lights and displays which are clearly incidental to and customary and commonly associated with any national, local, or religious holiday. Impervious Surface. A constructed hard surface that either prevents or retards the entry of water into the soil and causes water to run off the surface in greater quantities and at an increased rate of flow than prior to development. For purposes of the Zoning Code impervious surfaces shall include, but not be limited to the following: rooftops; covered decks; decks or platforms with open joints with less than one quarter (1/4) inch spacing; decks or platforms with an impervious surface beneath including, but not limited to, under deck sheeting, concrete, asphalt, pavers, compressed or packed material, or more than one (1) layer of landscape fabric or plastic; sidewalks greater than three (3) feet in width; sidewalks three (3) feet in width or less with less than three (3) feet of pervious surface on both sides; patios; swimming pools; parking lots; concrete, asphalt, gravel driveways, or permeable pavers; areas beneath overhangs greater than two (2) feet in width; bridges over surface waters and other similar surfaces as determined by the Zoning Administrator. The impervious surface of a lot shall be documented by a certificate of survey unless exempted from this requirement by the Zoning Administrator. Individual Sewage Treatment System. A septic tank, seepage tile sewage disposal system, or any other approved sewage treatment device. Irrigation System. A permanent, artificial watering system designed to transport and distribute water to plants. Land. All solid ground. Land Alteration. Any private or public infrastructure and utility installation, building construction, excavation, grading, clearing, filling, or other earth change which may result in:  Any alteration of land of more than 1 foot from the natural contour of the ground on any contiguous 450 square feet of ground where significant trees are present; or  Any cutting, removal or killing of more than 20% of the significant trees on any land within a period of 5 years. Land Reclamation. See Filling Land Surveyor. A person licensed to practice land surveying under Minnesota Statutes §§326.02 to 326.15. Land Use (Also referred to as Use). The purpose or activity maintained on the property or for which the property is designed, arranged or intended. Land uses include permitted uses (“P”), permitted accessory uses (“AC”), permitted uses with conditions (“PWC”), conditional uses (“CU”) and interim uses (“IU”). Land uses include the following types: Land Use, Accessory. A land use on the lot which is subordinate to the principal use on the property. There must be a principal use on the lot in order for an accessory use to be allowed. Land Use, Principal. The primary land use on the lot as distinguished from an accessory use. Landing. An intermediate platform on a flight of stairs, the dimensions of which are dictated by the Building Code. Landscape Architect. A person licensed by the State of Minnesota as a Landscape Architect. Level of Service. The traffic capacity of an intersection or roadway based upon criteria established and published by the Institute of Traffic Engineers, as amended periodically. Lot. Property or a parcel which meets the minimum lot width, depth, area and yard requirements of the zoning district in which it is located; which abuts a public street; and which is occupied, used or intended for occupancy or use as permitted by the Zoning Code. Lot also includes a “Lot of Record”. Lots include the following types: Lot, Corner. A lot situated at the junction of, and abutting on 2 or more intersecting streets, or a lot at a point of deflection in alignment of a continuous street, the interior angle of which does not exceed 135 degrees. Lot, Flag. A large lot not meeting minimum lot width requirements and where access to the public road is by a narrow, private right-of-way or driveway. Lot, Interior. A lot other than a corner lot. Lot, Through. A lot which has a pair of opposite lot lines abutting 2 substantially parallel streets, and which is not a corner lot. Lot Area. The area of a lot in a horizontal plane bounded by the lot lines excluding major drainageways, wetlands, water bodies, and road rights-of-way. In the Shoreland Overlay District only land above the Ordinary High Water Level of a public water or above the 100-year water elevation of a wetland or pond may be used to meet the minimum lot area requirements. Lot area measurements include the following: Lot Depth. The mean horizontal distance between the front lot line and the rear lot line of a lot. Lot Width. The horizontal distance between the side lot lines measured at the required front yard line. Lot Line. The property line bounding a lot except that where any portion of a lot extends into the public right-of-way, street easement, or a proposed public right-of-way, the line of such public right- of-way or street easement shall be the lot line for applying the Subdivision Code and Zoning Code. Lot Line, Front. That boundary of a lot which abuts a street. In the case of a corner lot it shall be the shortest frontage on a public street. If the dimensions of a corner lot are equal, the front lot line shall be designated by the owner and filed in the office of the Zoning Administrator. If a lot has multiple sides on more than two street frontages, the front lot line shall be determined by the Zoning Administrator. Lot Line, Rear. A lot line not intersecting a front lot line that is most distant from and most closely parallel to the front lot line. For a lot bounded by only three lot lines, the rear lot line shall be a line 10 feet in length within the lot, parallel to and at the maximum distance from, the front lot line. Lot Line, Side. A lot line which intersects with a front lot line. Lot of Record. Property or a parcel whether subdivided or described by metes and bounds for which a deed, Auditor's Subdivision, or Registered Land Survey has been recorded in the office of the Register of Deeds or Registrar of Titles for Scott County, Minnesota, prior to June 1, 2009. Manufactured Home. Defined in Minn. Stat. § 327B.01. Mooring Facility. Any area for the containment of watercraft that provides a fixed fastening for the craft, which is located in, on, above, or adjacent to the water intended for seven or more watercraft by docks, mooring buoys, or other means. Mulch. Nonliving organic, synthetic and rock materials customarily used in landscape design to retard erosion and retain moisture. Model Home. A dwelling constructed on a lot within a development used for sales and marketing of the development. Native Vegetation. Any plant species with a geographic distribution indigenous to all or part of the State of Minnesota. Plant species which have been introduced by man are not native vegetation. New Construction. Any construction of a new structure; or any total structural improvements to the exterior or interior of an existing structure that may require an electrical, plumbing, HVAC, or other zoning or building permit which exceed 50% of the Fair Market Value of all the structures on the property. Nonconformity or Nonconforming. A use, property or structure which does not conform to the requirements of the Zoning Code for the zoning district in which it is located. Nonconformity or Nonconforming, Legal. A use, property or structure which does not conform to the requirements of the Zoning Code for the zoning district in which it is located, but which lawfully existed at the time of passage of the portion of the Zoning Code which makes the use, property or structure a nonconformity. Official Controls. The adopted goals, policy statements, standards, requirements, programs, and maps for the City of Prior Lake. Such controls include, but are not limited to, the Comprehensive Plan, the City Code, the Subdivision and Zoning Codes, the Capital Improvements Program, and any amendment to such plans or parts thereof. Opacity. The degree of openness to which light or views are blocked measured perpendicular to the fence for each fence section between supports. The lower percentage of opacity allows more light or view between fence materials. Ordinary High Water Level. The boundary of waterbasins, watercourses, public waters, and public waters wetlands, and: - The Ordinary High Water Level is an elevation delineating the highest water level that has been maintained for a sufficient period of time to leave evidence upon the landscape, commonly the point where the natural vegetation changes from predominantly aquatic to predominantly terrestrial; - For watercourses, the Ordinary High Water Level is the elevation of the top of the bank of the channel; - For reservoirs and flowages, the Ordinary High Water Level is the operating elevation of the normal summer pool; and - For constructed stormwater BMPs, the Ordinary High Water Level is the operating elevation of the permanent pool, based upon the outlet elevation and/or outlet structure. Outlot. Property or a parcel which is platted but not intended for immediate development. An outlot is not buildable and no building permit will be issued for an outlot. An outlot may be used as open space, transferred to the City for park or drainage uses, used as a private street or reserved for future phases of a development. Parcel. See Property Parking Space or Parking Stall. An area intended for the use of temporary parking of a motor vehicle which has a means of access to a public street. Pedestrian Way (also referred to as Sidewalk). A public right-of-way or easement to provide access for pedestrian or bicycle use and which may be used for the installation of utility lines usually located at the side of a road or in a park includes but not limited to trails and sidewalks. Performance Standards. Specified criteria and limitations which are placed on development which are intended to protect the public health, safety, or welfare. Planning Commission. The Planning Commission of the City. Plat. A map of a subdivision showing the boundaries and location of individual lots, outlots, easements, streets and other rights-of-way. Includes the following types: Plat, CIC. A Common Interest Community Plat as described and defined by Minnesota Statutes Chapter 515B. Plat, Final. A map of all or in the case of a phased or staged development a portion of a subdivision presented to the City Council for final approval. Plat, Preliminary. A map indicating the proposed layout of the subdivision submitted to the City Council for preliminary approval. Plat-Re. The subdivision of land in accordance with the Subdivision Code which has previously been platted and which is of record with the County pursuant to Minnesota Statutes Chapter 505. Platform. A flat, floored, roofless area detached from a house with a finished floor elevation less than 30" above the natural grade around the perimeter of the platform. Play Field. An outdoor facility developed as a baseball diamond, softball diamond, soccer field, football field, tennis court, pickleball court or other surface for conducting outdoor recreational activities. Proof of Parking. A method by which an area of the lot is set aside for possible future parking needs but is not paved or striped for current parking. An area set aside for proof of parking cannot include areas of the lot required for other uses by the Zoning Code including but not limited to yards, setbacks and bufferyards, Property (also referred to as Parcel). A legally described piece of land, whether platted lot/outlot or land described by metes and bounds, along with everything on the land including but not limited to structures, parking lots, landscaping, lighting, and signs. Property Line. The legally described line bounding a piece of property except that where any portion of a property extends into the public right-of-way, street easement, or a proposed public right-of-way, the line of such public right-of-way or street easement shall be the property line for applying the Subdivision Code and Zoning Code. Property Owner. Legal owner of property as officially recorded by Scott County. Protective Covenants. A recorded contract made between private parties as to the manner in which land may be used, with the view to protecting and preserving the physical and economic integrity of any given area. Public Improvement. Any facility for which the City may ultimately assume the responsibility for maintenance and operation or which may affect an improvement for which local government responsibility is established includes but not limited to roads, sidewalks, trails, parks and utilities. Public Waters. Defined in Minnesota Statutes § 103G.005. Public Works Design Manual (PWDM). A manual adopted by the City of Prior Lake for developers, builders and their engineers as well as City engineers and consulting engineering personnel regulating and identifying the minimum standards for the design, construction and connection to public infrastructure facilities within the City. Recreational Equipment or Recreational Vehicles. Equipment and or motor vehicles used primarily for recreation, includes, but not be limited to, boats, boat trailers, boat lifts and rail systems, general purpose trailers, recreational campers, self-contained motor homes, truck toppers, fish houses, utility trailers, jet skis and snowmobiles. Recyclable Materials. Materials that are separated from mixed municipal solid waste for the purpose of recycling, including paper, glass, metals, automobile oil, batteries and other specifically allowed items. Refuse derived material or other material that is destroyed by incineration is not a recyclable material. Redevelopment District. The area within the Prior Lake City limits identified by City Council Resolution No. 85-11 or any subsequent resolution or amendments thereto. This area is also referred to as Municipal Development District #1, and is commonly known as Downtown Prior Lake. Remodel. Any improvement to the exterior or interior of an existing structure that may require an electrical, plumbing, HVAC, or other zoning or building permit. The cost of a structural remodel shall not exceed 50% of the Fair Market Value of the structures on the property (for construction exceeding the 50% Fair Market Value see New Construction). Retaining Wall. A wall or terraced combination of walls used to provide barrier or restrain lateral forces of soil or other material and not used to support, provide a foundation for, or provide a wall for a building or structure. Right-of-Way. An area or strip of land, either public or private, acquired by dedication, easement, deed, reservation, prescription or condemnation, occupied or intended to be occupied by a road, crosswalk, utility line, railroad, electric transmission line or other similar use and on which a right-of- passage has been recorded for the use of pedestrians and vehicles, including trains or pedestrians or both. Riparian. Land abutting a protected water identified in City Code Section 1130.301. Sales Trailer. A temporary structure within a residential development project for use as a sales or rental office for the units on the same site, which is removed at build out of the project, or when a model home is constructed, or by other terms prescribed by the City. Screen or Screening. A method of reducing the impact of noise and unsightly visual intrusions with less offensive or more harmonious elements, such as plants, berms, fences, walls, or any appropriate combination thereof. Service Stall or Service Bay. The area within a motor fuel station or auto repair facility of adequate size to service one motor vehicle. A service stall shall have a maximum floor area of 400 square feet. Setback. The minimum distance which a structure must be located from right-of-way, lot lines, property lines, waters, wetlands, or any other place which is deemed to need protection. Shoreland. Land located within the following distances from protected waters: (1) 1,000 feet from the Ordinary High Water Level of a lake, pond, or flowage; and (2) 300 feet from a river or stream, or the landward extent of a floodplain on such rivers or streams, whichever is greater. The practical limits of shorelands may be less than the statutory limits where such limits are designated by natural drainage divides at lesser distances, as shown on the City’s Land Use Map. Shore Impact Zone. Land located between the Ordinary High Water Level of public water and a line parallel to it at a setback of 50% of the structure setback. Shrub. A self-supporting woody perennial plant, smaller than a tree, consisting of several small stems from the ground or small branches near the ground; may be deciduous or evergreen, and usually not more than 10 feet in height at its maturity. Sidewalk. See Pedestrian Way. Sign. Any written or graphic announcement, declaration, demonstration, display, illustration, insignia, illumination, or message-bearing device used to advertise or promote the interest of any person or persons when the same is displayed or placed out-of-doors in the view of the general public, on a pylon, exterior wall, or building surface, or inside of a building within 3 feet of a transparent window. A sign shall be considered to be a structure or a part of a structure for the purpose of applying yard and height regulations. Site Plan. A plan, prepared to scale, showing accurately and with complete dimensioning, the boundaries of a site and the location of all buildings, structures, uses, and principal site development features proposed for a specific parcel of land. Steep Slopes. Land where agricultural activity or development is either not recommended or described as poorly suited due to slope steepness and the site's soil characteristics, as mapped and described in available county soil surveys or other technical reports, unless appropriate design and construction techniques and farming practices are used in accordance with the provisions of this Ordinance. Where specific information is not available, steep slopes are lands having average slopes over 20%, as measured over horizontal distances of 50 feet or more, that are not bluffs. Street. A public or private thoroughfare which is used, or intended to be used, for passage or travel by motor vehicles. Streets are further classified as follows: Street, Local. Roadways typically having lowest traffic volumes, containing one lane of traffic in each direction whose primary function is to provide access to and from property. Street, Minor Collector or Minor Collector. Roadways containing 1 lane of traffic in each direction whose primary function is to provide access to and from neighborhoods and the local street system. Street, Major Collector or Major Collector. Roadways containing 1 or 2 lanes of traffic in each direction with controlled intersections whose function is to serve long trips within the City and access to and from minor and principal arterials. Street, Minor Arterials or Minor Arterials. Interregional roads containing 2 lanes in each direction with limited access and controlled intersections at other arterials and collector streets. Minor arterials convey traffic between towns, boroughs, or other urban centers and are used to reduce the number of trips on the regional system. Efficient movement is the primary function of a minor arterial road. Street, Principal Arterials or Principal Arterials. Limited access interregional arterial routes containing two or more lanes in each direction. They are designed exclusively for unrestricted movement, have no private access, and intersect only with selected arterial highways or major streets by means of interchanges engineered for free-flowing movement. Structure. Anything constructed or erected, the use of which requires a location on the ground or attachment to something having a location on the ground. Structures include, but are not limited to buildings, signs, billboards, towers/fences greater than 7 feet in height, pavilions, gazebos, pergolas, trellises, retaining walls 4 feet in height or greater, and swimming pools. Structure, Accessory. See Accessory Structure in Use Definitions and Conditions. Structure, Principal. See Building, Principal. Subdivider. Any person who commences or maintains proceedings to subdivide property under the Subdivision Code. Subdivision. The division of an area, lot, parcel, property or tract of land into two or more parcels, tracts, lots or long-term leasehold interests by any means including, but not limited to, preliminary and final plats, CIC plats registered land surveys, administrative subdivisions and conveyance by metes and bounds. Tree. A self-supporting woody perennial plant having one or several self-supporting stems or trunks and numerous branches which normally attains an overall height of at least 15 feet at maturity. Trees may be classified, described, and measured as follows: Tree Caliper Inch or Caliper Inch. A unit of measurement describing the diameter of a tree measured 4.5 feet above the finished grade level. Tree, Canopy. A deciduous tree planted primarily for its high crown of foliage or overhead canopy. Tree Canopy. The horizontal extension of a tree's branches in all directions from its trunk. Tree, Coniferous. A woody plant having foliage on the outermost portion of the branches year round. Tree, Deciduous. A woody plant having a defined crown and which loses leaves annually. Tree Diameter at Breast Height (DBH) or Diameter at Brest Height. The diameter of a tree measured at a height of 4 1/2 feet from the ground level. Tree Drip Line or Drip Line. The farthest distance away from the trunk of a tree that rain or dew will fall directly to the ground from the leaves or branches of the tree. Tree, Evergreen or Evergreen. A plant with foliage that persists and remains green year- round. Tree, Heritage. Any tree which has been determined to be of high value because of its species, size, age, and other specific criteria as listed in the Tree Preservation and Restoration section of the Zoning Code. Tree, Ornamental. Any tree planted primarily for its ornamental value or for screening purposes and tends to be smaller at maturity than canopy trees. Tree Root Zone or Root Zone. The area under a tree which is at or within the drip line of a tree. Tree, Significant. A deciduous tree measuring 6 caliper inches (DBH) or more in diameter or a coniferous tree measuring 12 feet or more in height. Usable Open Space. A required ground area or terrace on a lot which is graded, developed, landscaped and equipped and intended and maintained for either active or passive recreation or both, available and accessible to and usable by all person occupying a dwelling unit or a rooming unit on the lot and their guests. Usable open space has a minimum dimension of 30 feet. Roofs, driveways and parking areas do not constitute usable open space. Use. See Land Use. Use District. See Zoning District. Variance. The modification of a Zoning Code requirement as it applies to specific property or structures. Vehicle, Commercial Motor. A motor vehicle greater than eight feet (8') in height or greater than twenty-two feet (22') in length, including, but not limited to: ambulances, boom trucks, box trucks, cargo trucks, dump trucks, farm implements, fire trucks, food trucks, hearses, limousines, semitractor and/or semitractor trailers, stake trucks, tank trucks and tow trucks. Vehicle or Motor Vehicle A machine propelled by power other than human power designed to travel along the ground by use of wheels, treads, runners or slides and transport persons or property or pull machinery and shall include, without limitation, automobiles, motorcycles, and trucks. Motor Vehicle does not include any item defined as recreational equipment in the City Code or electric personal assistive mobility devices. Watercraft. Any vessel, boat, canoe, raft, barge, sailboard, or any similar device used or useable for carrying and transporting persons on the public waters. Watercraft, Restricted. Watercraft for use on or stored on the public waters except for the following: 1. Watercraft 16 feet or less in length which uses no motor or a motor of 10 horsepower or less; and 2. Watercraft 20 feet or less in length, which uses no motor and is propelled solely by human power. (Ord. Amd. 122-09, Pub. 8/13/2022) Water-Oriented Accessory Structure. A building of 120 square feet or less located on lakeshore parcels, which because of the relationship of its use to a surface water feature reasonably needs to be located closer to the lakeshore Ordinary High Water Level (OHWL) than the normal structural setback requirement. Examples of such structures include structures used to store boating accessories and equipment, gazebos, pergolas, trellises, pavilions, and screen houses. The building shall not have a water or sewer connection. Wetland. Lands transitional between terrestrial and aquatic systems where the water table is usually at or near the surface or the land is covered by shallow water. For purposes of this definition, wetlands must have the following three attributes: - Have a predominance of hydric soils; - Are inundated or saturated by surface or ground water at a frequency and duration sufficient to support a prevalence of hydrophytic vegetation typically adapted for life in saturated soil conditions; and - Under normal circumstances support a prevalence of such vegetation. Yard. A required open space on a lot, which is unoccupied and unobstructed by a structure from its lowest ground level to the sky except as expressly permitted in the Zoning Code. The yard shall extend along a lot line and at right angles to the lot line to a depth or width specified in the dimensional standards or setbacks for the district in which the lot is located. Types of yards include the following: Yard, Front. An area which extends along the full width of the front lot line between side lot lines and toward the rear lot line a distance as specified in the required yard regulations for the district in which such lot is located. For lakeshore property, the front yard shall be considered that part of the lot located between the road and the nearest parallel line drawn across the front of the principal building or the minimum front yard setback. Yard, Rear. An area which extends along the full width of the rear lot line between the side lot lines and toward the front lot line a distance as specified in the required yard regulations for the district in which the lot is located. Where the lot is a corner lot, the rear yard shall be the area between the interior side lot line and the side yard abutting a street extending toward the front yard a distance as specified in the required yard regulations for the district in which the lot is located. Yard, Side. An area extending along a side lot line between front and rear yards having a width as specified in the required yard regulations for the district in which the lot is located. Yard, Side Abutting a Street. A yard adjacent to a street which extends along a side lot line between the front yard and rear property line. For the purposes of determining the required setbacks, a side yard abutting a street is identified as a front yard in the dimensional standards of the Use District in which the yard is located. Yard Sale. A sale of assorted secondhand objects, conducted by the property owner or occupant on their premises for a short period of time. Yard sales, also known as garage sales, rummage sales, or estate sales, are not the primary use of the property or the primary occupation of the property owner or occupant. Zoning Administrator. The individual(s) authorized to administer the regulations of the Zoning Code. Zoning District (also referred to as Use District). An area designated for certain land uses and subject to uniform regulations and requirements governing the placement, spacing, and size of the land and structures. Zoning districts include agriculture (“A”), rural subdivision (“R-S”), low-density residential (“R-1”), medium-density residential (“R-2”), high-density residential (“R-3”), town center (“TC”), transitional town center (“TC-T”), neighborhood business (“C-1”), general business (“C-2”), business park (“C-3”), and general industrial (“I-1”). Zoning Map. The map or maps which are a part of this Zoning Code and delineate the boundaries of the Use Districts.