East Hempfield |
Code of Ordinances |
Part III. Land Use Legislation |
Chapter 265. Subdivision and Land Development |
Article 2. Language and Definitions |
§ 265-2.2. Definitions.
Latest version.
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For the purposes of this chapter, the following terms shall have the following meanings:
- ABUTTING
- Having a common border with, or being separated from such common border by a right-of-way, alley or easement.
- ACCESS
- A way or means of ingress/egress for vehicle and/or pedestrian traffic from a street, right-of-way, public area or community facility, to a lot and/or vice versa.
- ACCESS DRIVE
- A private drive providing pedestrian and vehicular access between a public or private street and a parking area.
- ACCESSORY
- Additional, something extra or complementary.
- ADJOINING LOT
- A lot that shares all or part of a common point or line with another lot.
- AGRICULTURAL LAND/AREAS
- Land used exclusively for the cultivation of the soil, the production of crops or livestock, or the science of forestry; also, land diverted from agricultural use by an active federal farm program, provided the diverted land has a conservation cover of grass, legume, trees or wildlife shrubs. Agricultural land may include, to a minor degree, farmsteads inhabited by the cultivator of the land, housing for farm employees, and land used for preparation of agricultural products by the cultivator of the land.
- ALLEY
- See "street, alley."
- APPLICANT
- A landowner, developer, and/or agent of the landowner, as hereinafter defined, including his heirs, successors and assigns, who has filed an application for development under this chapter.
- APPLICATION FOR DEVELOPMENT
- Every application, whether preliminary or final, required to be filed and approved prior to start of construction or development including but not limited to an application for a building permit, for the approval of a subdivision plan or for the approval of a development plan.
- AVERAGE DAILY TRIPS (ADT)
- The average number of motor vehicles that travel on a given surface during a specified twenty-four-hour time period.
- BLOCK
- Land surrounded on all sides by streets (measured at the right-of-way) or other transportation or utility rights-of-way, or by physical barriers such as bodies of water or public open spaces.
- BUFFER
- A strip of land with landscaping, fences and/or walls located between two uses, or between one use and a public right-of-way, that is intended to mitigate negative impacts, such as visual and noise, of the more intense use on the less intense use or on the public right-of-way.
- BUILDING
- Any enclosed or open structure, other than a boundary wall or fence, occupying more than four square feet of area and/or having a roof supported by columns, piers or walls.
- A. BUILDING, ACCESSORYA detached, subordinate building, the use of which is customarily incidental and subordinate to that of the principal building, which is located on the same lot as that occupied by the principal building. Farm buildings not intended for habitation are considered to be accessory buildings.
- B. BUILDING, PRINCIPALA building that is enclosed within exterior walls or firewalls, and is built, erected and framed of component structural parts. The principal building is also designed for housing, shelter, enclosure and support of individuals, animals or property of any kind, and is a main structure on a given lot.
- CARTWAY
- The surface of a street, drive or alley available or ordinarily used for vehicular traffic.
- CLEAR SIGHT TRIANGLE
- An area of unobstructed vision at street intersections defined by lines of sight between points 100 feet from the intersection of the street center lines.
- COMMON OPEN SPACE
- A parcel or parcels of land (which can be used in combination with an area of water) within a development site and designed and intended for the use or enjoyment of residents of that development, not including streets and off-street parking areas, and areas set aside for public facilities.
- COMMUNITY WATER SUPPLY
- A utility operated by a Township or a company, regulated by the Public Utility Commission, which supplies potable, domestic water for use by more than one household, business or institution.
- COMPREHENSIVE PLAN
- The official public document prepared and adopted in accordance with the Pennsylvania Municipalities Planning Code, consisting of maps, charts and textual material, that constitutes a policy guide to decisions about the physical and social development of the Township.
- CONDOMINIUM
- A form of ownership of real property, as defined in the Pennsylvania Uniform Condominium Act of 1980, which includes a multiple unit land development in which there is a system of separate ownership of individual units of occupancy and undivided interest of land and common facilities.
- CONTIGUOUS
- Lots are contiguous when at least one lot line of one lot touches a lot line or lines of another lot.
- COUNTY
- Lancaster County, Pennsylvania.
- CUL-DE-SAC
- A street with a single means of ingress and egress and having a special turning area for a vehicle at the end of the street.
- DEDICATION
- The deliberate appropriation of land by its landowner for general public use.
- DEED
- A written instrument whereby an estate in real property is conveyed.
- DENSITY
- The number of dwelling units per acre, derived by dividing the total number of dwelling units by the gross deed acreage of a residential tract.
- DETENTION BASIN
- A reservoir that temporarily contains stormwater runoff and releases it gradually into a watercourse or stormwater facility.
- DEVELOPER
- Any landowner, agent of such landowner, or tenant with the permission of such landowner, who makes or causes to be made a subdivision of land or a land development.
- DEVELOPMENT PLAN
- The provisions for development, including a subdivision plan or plat, a land development plan, all covenants relating to use, location and bulk of buildings and other structures, intensity of use or density of development, streets, ways and parking facilities, common open space and public facilities. The phrase "provisions of the development plan" when used in this chapter shall mean the written and graphic materials referred to in this definition.
- DRAINAGE EASEMENT
- The land required for the installation of storm sewer or drainage facilities, or required along a natural stream or watercourse for preserving the channel and providing for the flow of water therein, or to safeguard the public against flood damage.
- DRIVEWAY
- An improved cartway designed and constructed to provide vehicular movement between a public street and a tract of land serving one single-family dwelling unit or a farm.
- DWELLING
- Any building that contains one or more dwelling units used, intended, or designed to be built, used, rented, leased, let or hired out to be occupied, or that are occupied for living purposes.
- EASEMENT
- A right-of-way granted for limited use of private land for a public or quasi-public or private purpose, and within which the landowner shall not have the right to make use of the land in a manner that violates the right of the grantee.
- ELEVATION
- The vertical alignment of a surface, as it exists or as it is made by cut and/or fill.
- ENGINEER
- A professional engineer registered in the Commonwealth of Pennsylvania.
- ENVIRONMENTAL COVENANT
- A servitude arising under an environmental response project which imposes activity and use limitation. (On December 18, 2007, the Uniform Environmental Covenants Act (UECA) was signed into law as Act 68 of 2007. Section 6517(a)(1) of UECA requires the use of Environmental Covenants whenever engineering controls or institutional controls are necessary to demonstrate attainment of an Act 2 remediation standard for any cleanup conducted under any applicable Pennsylvania environmental law. The covenant provides a tool to ensure that the conditions allowing for a risk-based cleanup will continue in the future.)
- FLAGPOLE
- A narrow projection of property on a lot that extends from the buildable area of a lot to the public right-of-way, and which is not part of the lot area, but serves as access to the lot. See also "lot" definition.
- FLOODPLAIN
- See the Floodplain Zone regulations of East Hempfield Township Zoning ordinance.
- FLOOR ELEVATION
- The elevation of the lowest level of a particular building, including the basement.
- FOOTCANDLE
- A unit of light intensity stated in lumens per square foot and measurable with an illuminance meter or light meter.
- FULLY SHIELDED
- A light constructed in such a manner that all light emitted by the fixture, either directly from the lamp or a diffusing element, or indirectly by reflection or refraction from any part of the luminaire, is projected below the horizontal.
- FUTURE ACCESS STRIP
- A right-of-way reserved for the future improvement of a street.
- GEOLOGIST
- A professional geologist registered by the Commonwealth of Pennsylvania.
- GLARE
- The sensation produced by lighting that causes an annoyance, discomfort, or loss in visual performance and visibility to the eye.
- HISTORIC FEATURE
- Any district, site, or object that meets one or more of the following criteria:
- A. Is listed or may be determined to be eligible to be listed on the National Register of Historic Places either individually or as a contributing resource.
- B. Is listed on the Lancaster County Historic Sites Survey or on any officially adopted Municipal inventory of historic resources and is determined by a qualified historic preservation professional to retain the historic characteristics that qualified it for said list.
- C. Is determined by a qualified historic preservation professional to be historically or architecturally significant.
- ILLUMINANCE
- The quantity of light measured in footcandles or lux.
- IMPERVIOUS MATERIAL/SURFACE
- Material that is impenetrable and unable to absorb water, including, but not limited to, buildings, structures and paved areas.
- IMPROVEMENT, PUBLIC
- Improvements for which the Township and/or a Township-created authority may ultimately assume the responsibility for maintenance and operation, or which may affect an improvement for which Township responsibility is established.
- IMPROVEMENT, REQUIRED
- Structural and nonstructural facilities and measures as determined by the Township to be necessary to protect the public health, safety and welfare of the owners, occupants and users of a development.
- INDIGENOUS SPECIES
- Plants which have not been introduced by man and thrive in an area where they are considered native.
- INVASIVE SPECIES
- Plants which grow quickly and aggressively, spreading, and displacing other plants. Invasives typically are introduced into a region far from their native habitat.
- JOINT USE DRIVEWAY or JOINT USE ACCESS DRIVE
- A driveway or access drive shared by and constructed to provide access to two or more lots.
- LAND DEVELOPMENT
- Any of the following activities:
- A. The improvement of one lot or two or more contiguous lots, tracts or parcels of land for any other purpose involving:
- (1) A group of two or more residential or nonresidential buildings, whether proposed initially or cumulatively, or a single nonresidential building on a lot or lots regardless of the number of occupants or tenure; or
- (2) The division or allocation of land or space, whether initially or cumulatively, between or among two or more existing or prospective occupants by means of or for the purpose of streets, common areas, leaseholds, condominiums, building groups or other features; or
- (3) A subdivision of land; or
- (4) Development in accordance with Section 503(1.1) of the MPC.
- (1)
- B. Land development shall not include:
- (1) The conversion of an existing single-family detached dwelling or single-family semi-detached dwelling into not more than three residential units, unless such units are intended to be a condominium; or
- (2) The addition of an accessory building, including farm buildings, on a lot or lots subordinate to an existing principal building.
- (1)
- LANDOWNER
- The legal or beneficial owner or owners of land including the holder of an option or contract to purchase (whether or not such option or contract is subject to any condition), a lessee if he is authorized under the lease to exercise the rights of the landowner, or any other person having a proprietary interest in land.
- LANDSCAPE ARCHITECT
- A professional landscape architect registered by the Commonwealth of Pennsylvania.
- LANDSCAPING
- Acting with the purpose of meeting specific criteria regarding uses of outside space, including ground cover, buffers and shade trees.
- LEVEL-OF-SERVICE
- A measure of the effect of traffic on the capacity of a street.
- LOT
- Terms and phrases:
- A. LOTA designated parcel, tract, or area of land established by a plat or otherwise as permitted by law and to be used, developed or built upon as a unit. A "lot" for zoning purposes may include one or more lots of record, or a portion of one lot of record. Lot types include:
- (1) LOT, CORNERA lot which has an interior angle of less than 135° at the intersection of two street lines. A lot abutting upon a curved street shall be considered a corner lot if the tangents to the curve at the points of intersection of the side lot lines with the street line intersect at an interior angle of less than 135°.
- (2) LOT, DOUBLE FRONTAGEAn interior lot with front and rear street frontage, where vehicular access occurs on either street.
- (3) LOT, FLAGA lot created by a subdivision or partition which includes a narrow projection or flagpole to the public right-of-way.
- (4) LOT, INTERIORA lot whose side lot lines do not abut upon any street.
- (5) LOT, REVERSE FRONTAGEAn interior lot with front and rear street frontage, where vehicular access occurs on only one street.
- (1)
- B. ILLUSTRATION
- LOT AREA
- The area contained within the lot lines of an individual lot, excluding any area within a street right-of-way, but including the area of any easement.
- LOT COVERAGE
- A percentage of the lot area which may be covered with buildings, driveways, permanent parking area, sidewalks and any other structures. This is used to measure the intensity of use of the land.
- LOT FRONTAGE
- That portion of a lot abutting on the street right-of-way of the street of address and regarded as the front of the lot.
- LOT LINE
- A property boundary line of any lot held in single or separate ownership, except that where any portion of the lot extends into the abutting street or alley, the lot line shall be deemed the street or alley line.
- LOT LINE MARKER
- A metal pin, permanent stone, or concrete monument used to identify lot line intersections.
- LOT OF RECORD
- A lot which is a part of a subdivision, the plan of which was recorded, or a parcel of land, the deed of which was recorded in the office of the Lancaster County Recorder of Deeds prior to the adoption of this chapter.
- LOT WIDTH
- The horizontal distance measured between side lot lines measured at the required front setback line. On corner lots, lot width shall be measured between the right-of-way line for the non-address street and the directly opposite lot line.
- LUMINANCE
- The physical and measurable quantity of light that corresponds to the brightness of a surface (e.g., a lamp, luminaire, reflecting material) in a specific area and measurable with a luminance meter or light meter.
- LUX
- A unit of light intensity stated in lumens per square meter. There are approximately 10.7 lux per footcandle.
- MODIFICATION
- A process for alleviating specific requirements imposed by this chapter, as described in § 265-3.1.
- MONUMENT
- A concrete or stone monument used to identify street line or lot line intersections.
- MUNICIPALITY
- East Hempfield Township, Lancaster County, Pennsylvania.
- NATIVE PLANT
- A plant which has been identified as having grown within the Piedmont Region of the Chesapeake Bay watershed prior to European settlement. Naturally occurring hybrids and cultivars (cultivated varieties) of native genetic parent species which may or may not have been present prior to European settlement are considered native plants.
- NONNATIVE PLANT
- Any plant species that has been introduced by humans and now grows independently of cultivation. A subset of nonnative/introduced species is the invasive species.
- OFFICIAL MAP
- A map adopted by ordinance pursuant to the Pennsylvania Municipalities Planning Code and recorded in the office of the Lancaster County Recorder of Deeds.
- OFF-SITE
- Any premises not located within the area of the subject tract to be subdivided or developed, whether or not in the common ownership of the applicant for subdivision and/or land development plan approval.
- PARCEL
- See "lot."
- PEAK TRAFFIC HOUR
- The hour during which the heaviest volume of traffic occurs on a street.
- PEDESTRIAN WAY
- A right-of-way, publicly or privately owned, intended for human movement by walking.
- PENNSYLVANIA MUNICIPALITIES PLANNING CODE (PA MPC)
- Adopted as the PA MPC of 1968, as reenacted and amended. This act enables municipalities to plan for and regulate community development with subdivision and land development ordinances. The code also contains guidelines for subdivision and land development ordinance content. For the purpose of this chapter, the Code may be referred to as "the PA MPC" and is intended to include the current code and any further amendments thereto.
- PERVIOUS MATERIAL/SURFACE
- Any material that would allow water to pass through at a rate at least equal to the pervious ground cover (e.g., porous pavement, stone parking areas, and preformed or prefabricated blocks which would permit water to penetrate) and as approved by the Township Engineer.
- PHASES
- As defined under the PA MPC, Article V, as stages or sections of development.
- PLAN
- A drawing, together with supplementary data, that describes a subdivision and/or land development. For purposes of this chapter, the word "plan" includes the word "plat."
- A. AS-BUILT PLANEngineering documents drawn to scale showing the constructed dimensions and materials of a structure or other land improvement. An as-built drawing differs from design drawings and construction drawings, which are design-oriented documents prepared prior to construction rather than a depiction of what has been constructed.
- B.
- C.
- D.
- E.
- F. MODIFIED FINAL PLANA final plan modified to reflect a change to the subject tract or its surroundings that occurs after the preliminary plan approval as per § 265-4.4A(3).
- G.
- H. RECORD PLANA final plan which contains the original endorsement of the Township and the Lancaster County Planning Commission, which is recorded with the Lancaster County Recorder of Deeds.
- I.
- J.
- PLANNING COMMISSION
- The Planning Commission of East Hempfield Township.
- PLANNING COMMISSION, COUNTY
- The Lancaster County Planning Commission.
- PUBLIC HEARING
- A formal meeting held pursuant to public notice by the governing body or planning agency, intended to inform and obtain public comment, prior to taking action in accordance with this chapter and/or the Pennsylvania Municipalities Planning Code.
- PUBLIC MEETING
- A forum held pursuant to notice under the act of July 3, 1986 (P.L. 388, No. 84), known as the "Sunshine Act," and subsequent amendments.
- PUBLIC NOTICE
- A notice published once each week for two successive weeks in a newspaper of general circulation in the Township. Such notice shall state the time and place of the hearing and the particular nature of the matter to be considered at the hearing. The first publication shall not be more than 30 days and the second publication shall not be less than seven days from the date of the hearing.
- PUBLIC SEWER
- A common sewer directly controlled by a public authority, private company and/or municipal entity, or a comparable common or package sanitary facility approved and permitted by the Pennsylvania Department of Environmental Protection. Such systems are capable of serving multiple users.
- PUBLIC USE
- Includes public and semipublic uses of a health, safety, and welfare nature, such as parks, fire stations, municipal buildings and garages.
- PUBLIC UTILITY
- A use which is operated, owned or maintained by a public utility corporation and regulated by the PA Public Utility Commission in accordance with the requirements of the PA Public Utility Code, 66 Pa.C.S.A. 101 et seq.; or which is operated, owned or maintained by a municipality or a municipal authority organized under the laws of the Commonwealth of Pennsylvania to provide public water service, public sewer service, or similar services. A "public utility" shall not include cellular telephone transmission or receiving facilities, and similar facilities of entities which are not governmentally owned and operated or are not regulated by the PA Public Utility Commission.
- PUBLIC WATER
- A municipal water supply system or a comparable common water facility approved and permitted by the PA Department of Environmental Protection (DEP). Such systems are capable of serving multiple users.
- RETENTION BASIN
- A reservoir designed to retain stormwater runoff with its primary release of water being through the infiltration of said water into the ground.
- RIGHT-OF-WAY
- The total width of any land reserved or dedicated as a street, alley or pedestrian way, or for any other public or private purpose.
- ROAD
- See "street."
- RUNOFF
- The surface water discharge and rate of discharge of a given watershed after a full rain or snow that does not enter the soil but runs off the surface of the land.
- SCREENING
- Planted (or having equivalent natural growth) shrubs or trees, earthen mounds, or fencing.
- SEDIMENTATION
- The process by which soil or other surface material is accumulated or deposited by wind, water or gravity.
- SETBACK LINE
- A line within a lot and parallel to a lot or street line which delineates the required minimum distance between some particular use of property and that lot or street line.
- SEWAGE
- A substance that contains the waste products or excrement or other discharge from the bodies of human beings or animals and noxious or deleterious substances being harmful or inimical to the public health, or to animal or aquatic life, or to the use of water for domestic water supply or for recreation. The term includes any substance which constitutes pollution under the Clean Streams Law.
- SEWAGE FACILITIES
- A system of sewage collection, conveyance, treatment, and disposal which will prevent the discharge of untreated or inadequately treated sewage or other waste into waters of this commonwealth or otherwise provide for the safe and sanitary treatment and disposal of sewage or other waste as recognized by the Department of Environmental Protection.
- A. PUBLIC SEWAGE SYSTEMA publicly owned system of piping, tanks, or other facilities serving two or more lots, which uses a method of sewage collection, conveyance, treatment, and disposal other than renovation, is a soil absorption area, or retention in a retaining tank.
- B. COMMUNITY ON-LOT SEWAGE SYSTEMA sewage facility serving two or more lots, which uses a system of piping, tanks, or other facilities for collecting, treating, and disposing of sewage into a soil absorption area or retaining tank.
- C. INDIVIDUAL ON-LOT SEWAGE SYSTEMA system of piping, tanks or other facilities serving a single lot and collecting and disposing of sewage in whole or in part into the soil or into waters of this commonwealth or by means of conveyance to another site for final disposal.
- SIGHT DISTANCE
- The length of street visible to the driver of a vehicle at any given point in the street when viewing is unobstructed by traffic.
- SIGNIFICANT TREE
- Noninvasive trees with eighteen-inch minimum caliper measured five feet above grade located outside an existing wooded area.
- SITE
- The existing lot of record proposed for land development, including subdivision.
- STORMWATER
- Water that surfaces, flows, or collects during and subsequent to rain or snowfall.
- STORMWATER MANAGEMENT FACILITIES
- Those controls and measures (e.g., storm sewers, berms, terraces, bridges, dams, basins, infiltration systems, swales, watercourses and floodplains) used to implement a stormwater management program.
- STREAM
- A body of water flowing in a channel within defined bed and banks.
- STREET
- Includes street, avenue, boulevard, road, highway, freeway, parkway, lane, alley, viaduct and any other ways used or intended to be used by vehicular traffic or pedestrians, whether public or private. Streets shall conform to one of the following categories:
- A. ALLEYA public thoroughfare which normally affords only a secondary means of access to abutting lots.
- B. ARTERIALA street which accommodates trips of moderate length at a somewhat lower level of travel mobility than limited access arterials do and includes all arterials not classified as limited access.
- C. COLLECTORA street that provides land access and traffic circulation service within residential, commercial, and industrial areas. The collector street distributes traffic between the arterial and the local streets.
- D. LIMITED ACCESS ARTERIALA street which serves the major centers of activity of urbanized areas and carries the highest traffic volume corridors, where access is provided only from another street and not from abutting lots.
- E. LOCALA street which provides direct access to abutting lands and connections to the higher order systems.
- STREET CENTERLINE
- The center of the surveyed street right-of-way or, where not surveyed, the center of the traveled cartway.
- STREET FURNITURE
- Constructed, above-ground objects, such as outdoor seating, kiosks, bus shelters, sculpture, trash receptacles, planters, bollards, fountains, and telephone booths, that have the potential for enlivening and giving variety to streets, sidewalks, plazas, and other outdoor spaces open to use by the public.
- STREET GRADE
- The officially established grade of the street upon which a lot fronts or, in its absence, the established grade of other streets upon which the lot abuts at the midpoint of the frontage of the lot thereon. If there is no officially established grade, the existing grade of the street at such midpoint shall be taken as the street grade.
- STREET LIGHTING
- A street light, lamppost, street lamp, light standard, or lamp standard is a raised source of light on the edge of a street.
- STREET LINE
- The limit of a street right-of-way.
- STREET, PRIVATE
- A street not accepted for dedication by the Township.
- STREETSCAPE
- The space formed by buildings located close to the street, which is embellished with sidewalks, street trees, street lights, street furniture, curbs, on-street parking, and cartways.
- STREET TREE
- The installation of a tree of a certain size or other similar agreed upon tree species at a specified separation distance along the length of a street frontage.
- STRUCTURE
- Any man-made object having an ascertainable stationary location on or in land or water, whether or not affixed to the land, including, but not limited to, buildings, sheds, cabins, mobile homes and trailers, dams, culverts, streets, railroads, bridges, storage tanks, and signs. "Structures" shall not include such things as fences, sandboxes, decorative fountains, swing sets, birdhouses, birdfeeders, mailboxes, and any other similar nonpermanent improvements.
- A. STRUCTURE, ACCESSORYA structure that forms all or part of an accessory use (e.g., swimming pools, patios, antennas, tennis courts, garages, utility sheds, etc).
- B. STRUCTURE, PRINCIPALA structure that forms all or part of a principal use.
- SUBDIVISION
- The division or redivision of a lot, tract or parcel of land by any means into two or more lots, tracts, parcels or other divisions of land including changes in existing lot lines for the purpose, whether immediate or future, of lease, partition by the court for distribution to heirs or devises, transfer of ownership or building or lot development; provided, however, that the subdivision by lease of land for agricultural purposes into parcels of more than 10 acres, not involving any new street or easement of access or any residential dwelling, shall be exempted.
- SUBJECT TRACT/PROPERTY
- The site proposed for land development, including subdivision.
- SUBSTANTIALLY COMPLETED
- Where, in the judgment of the Township Engineer, at least 90% (based on the cost of the required improvements for which financial security was posted) of those improvements required as a condition for final approval have been completed in accordance with the approved plan, so that the project will be able to be used, occupied or operated for its intended use.
- SURVEYOR
- An individual registered with the Commonwealth of Pennsylvania as authorized to measure the boundaries of tracts of land, establish locations, and perform the requirements of a survey.
- SWALE
- A wide shallow ditch that gathers or carries surface water.
- TIE BAR
- The symbol on a survey, plan, or plat shown as "Z" indicating common Ownership of two adjacent lots.
- TOPOGRAPHY
- The relief features or surface configurations of an area of land.
- TOWNSHIP ENGINEER
- A professional engineer licensed as such in the Commonwealth of Pennsylvania, duly appointed as the Engineer for the Township.
- TOWNSHIP SOLICITOR
- The licensed attorney designated by the Board of Supervisors to furnish legal assistance for the administration of this chapter.
- TRACT
- The term "tract" is used interchangeably with the term "lot," particularly in the context of subdivision, where a "tract" is subdivided into several lots, parcels, units, plots, condominiums, tracts or interests.
- TRIP
- A single or one-directional motorized and/or nonmotorized vehicle movement.
- UNIT OF OCCUPANCY
- An allocation of space within a building or structure that is independent of other such space and that constitutes a separate use. This shall include both fee simple ownership and leaseholds.
- WATERCOURSE
- A permanent topographic feature, whether natural or man-made, that serves to gather and carry flowing surface water such as a permanent or intermittent stream, a river, creek, brook, run or swale; and which is measured by the width of the channel during normal high water. For purposes of this chapter, the word "watercourse" includes the words "drain," "ditch" and "stream."
- WATERSHED
- All land and water within the confines of a drainage basin.
- WETLANDS
- Areas that are inundated or saturated by surface or groundwater at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions, including swamps, marshes, bogs and similar areas.
- YARD
- An open space, other than a court, unobstructed from the ground to the sky, on the lot on which a building is situated. Any lot may include the following yards:
- A. YARD, FRONTThe area contained between the street right-of-way(s) and the principal building. Corner lots shall have two front yards, one side, and one rear yard.
- B. YARD, REARA yard extending across the full width of a lot between the principal building and the rear lot line, and measured perpendicular to the building at the closest point to the rear lot line.
- C. YARD, SIDEA yard extending from the front yard to the rear lot line between the principal building and the side lot line, and measured perpendicular to the building at the closest point to the side lot Line; or a yard which is not a front or rear yard. On corner lots, the side yard shall be considered those areas between the principal building and the lot lines directly opposite the non-address street(s).
Amended 3-18-2015 by Ord. No. 2015-04