Article 2 — Interpretations and Definitions, Chapter 2-1 — INTERPRETATIONS

For the purpose of this Ordinance, the following shall apply to the use of words and phrases:

A Abutting. Having property lines in common, or having property separated by only an alley.

Separation by a street right-of-way is not considered abutting.

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

Accessible space. A space laid out and designated by signage in accordance with the requirements of the federal Americans with Disabilities Act.

Accessory structure. See “building, accessory”.

Alteration. Any change in the supporting members of a building or structure such as bearing walls columns, and girders, except such emergency change as may be required for safety purposes; any addition to a building; any change in use; or, any movement of a building from one location to another.

Annexation. The process by which a parcel of land is transferred from the jurisdiction of unincorporated Hall County to the jurisdiction of the City.

Appearance. The outward aspect of a building or site development that is visible to the public.

Appeal. A request for a review of an administrative official’s interpretation of any provision of this ULDC, or a request for a review of an action taken by an administrative official in the application or enforcement of this ULDC.

Architectural appearance, exterior. The architectural character and general composition of the exterior of a building or structure, including but not limited to the kind, color, and texture of the building material and the type, design, and character of all windows, doors, light fixtures, signs attached to the building or structure, and any appurtenant elements.

Architectural features. Ornamental or decorative features attached to or protruding from an exterior wall or roof, including cornices, eaves, belt courses, sills, lintels, bay windows, chimneys, and decorative ornaments.

Architectural recesses. Portions of a building wall at street level which are set back from the street line to create articulation of the building wall and/or to provide space for windows or doors.

As-built survey drawings. Drawings specifying the dimensions, location, capacities, and operational capabilities of structures and facilities as they have been constructed.

Awning, internally illuminated. A fixed awning covered with a translucent membrane that is, in whole or part, illuminated by light passing through the membrane from within the structure.

B Basal area. The cross-sectional area of a tree’s trunk at breast height, expressed in square feet or square meters.

Berm. An earthen mound or embankment, usually less than 3 feet if designed to provide visual interest only, and usually 6 feet or more in height if intended to screen views or reduce noise.

Bioretention area. Shallow stormwater basin or landscaped area that utilizes engineered soils and vegetation to capture and treat stormwater runoff.

Bioswale. Grass channels or vegetated open channels that provide biofiltration of stormwater runoff as it flows across the grass surface.

BMP or best management practice. Both structural devices to store or treat stormwater runoff and non-structural programs or practices which are designed to prevent or reduce the pollution of the waters of the State of Georgia.

Bollard. A luminaire having the appearance of a short, thick post, used for walkway and ground lighting. The optical components are usually top mounted.

Bond. A bond, letter of credit or approved surety method approved by the City Manager.

Buffer. A strip of land located between a side or rear property line and a building, structure, or use; or a strip of land lying adjacent to a stream. A buffer is intended to separate and provide screening of the view of the site on which the buffer is located from an abutting property, and/or to provide stream protection, as defined and as may be required by this ULDC.

Buildable area. The portion of a lot which is not located within any minimum required yard, landscape strip, landscaped area, or buffer; that portion of a lot wherein a building or structure may be located.

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.

Building footprint. The outline of a building's ground plan from an aerial view.

Building frontage. The width in linear feet of the front exterior wall of a particular building, as measured more or less parallel to the front property line.

Build-to-line. A front building setback line required for a principal building on a particular property so that a continuous and consistent building setback will be achieved considering the front building setbacks of buildings on abutting and/or adjacent lots on the same side of the street or right-of-way.

Build to lines, when required, supersede front yard setback requirements of the applicable zoning district.

Building coverage. The horizontal area measured within the outside of the exterior walls of the ground floor (i.e., “footprint”) of all principal buildings, accessory buildings, and accessory structures on the lot, not including steps, terraces, and uncovered porches.

Building coverage, maximum. The percentage of a given lot that may be occupied by all principal and accessory buildings and structures on said lot, measured within the outside of the exterior walls of the ground floor (i.e., “footprint”) of all principal and accessory buildings and structures on the lot, not including steps, terraces, and uncovered porches.

Building height. The vertical distance measured to the highest point of a building from the average finished grade across those sides of a building that face a street.

Building Official. The city official responsible for implementing and enforcing the applicable building codes of the city.

Building setback line. A line establishing the minimum allowable distance between the front wall of a principal building (excluding roof overhangs of 36 inches or less) and the street right-of-way line or a side or rear building wall and a side or rear property line when measured perpendicularly thereto. For purposes of this ULDC, a minimum required building setback line and minimum required yard shall be considered the same.

C Caliper. The diameter of a tree measured at a point 6 inches above the ground or top of root ball for up to and including 4-inch caliper trees, and at a point 12 inches above the ground or top of root ball for larger sizes.

Canopy tree. A species of tree that normally reaches a height at maturity greater than forty feet and is used primarily for shade, such as red oak, Shumard oak, Chinese elm, white oak, pin oak, and American beech. May also be referred to as an overstory tree.

Certificate of occupancy. An approval issued by the building official, indicating that the building and use or reuse of a particular building or land is in conformity with all applicable codes and regulations, and that such building or land may be occupied for the purpose stated therein.

City. The City of Gainesville, Georgia.

City Engineer. The director of the Public Works Department, or the director of the Department of Water Resources, and means the staff professional engineer responsible for implementing and enforcing the applicable engineering requirements of this ULDC and those other engineering requirements of the city.

Character area. Any of the specific areas delineated as character areas in the city's comprehensive plan.

Clapboard. A wood exterior siding material that is applied horizontally and overlapped with the lower edge thicker than the upper edge.

Commercial vehicle. Any motor vehicle, trailer, or semi-trailer designed or used to carry freight, passengers for a fee, or merchandise in the furtherance of commercial enterprise; or, any vehicle with a gross weight over one ton designed or used for electrical, plumbing, heating and cooling, landscaping, and other construction or service-related contractors.

Compatibility. The characteristics of different uses or activities that permit such uses or activities to be located near each other in harmony and without conflict. Some elements affecting compatibility include. intensity of occupancy as measured by dwelling units per acre or gross square footage per acre; pedestrian or vehicular traffic generated; volume of goods handled, and such environmental affects as noise, vibration, odor, glare, air pollution or radiation.

Comprehensive plan. Any plan adopted by the governing body, or any plan adopted by a regional development center covering the local jurisdiction, or portion of such plan or plans.

This definition shall be construed liberally to include the major thoroughfare plan, master parks and recreation plan, or any other study, document, or written recommendation pertaining to subjects normally within the subject matter of a comprehensive plan as provided by the Georgia Planning Act of 1989, if formally adopted by the governing body of a participating municipality.

Concept plan. A document submitted with an application for a rezoning, zoning amendment, annexation, or other type of application upon which the applicant has shown the intended development and its design. Approval of the application request shall not constitute approval of the concept plan; said plan must be adjusted according to the requirements listed for submittal of civil plans or building plans and reviewed by the appropriate departments for permitting.

Condition of zoning approval. A requirement adopted by the city council at the time of approval of a rezoning, zoning amendment, special use or annexation; placing greater or additional requirements or restrictions on the property than provided in this ULDC to reduce an adverse impact of the request and to further protect the public health, safety, or general welfare.

Consumer fireworks. Any small fireworks devices containing restricted amounts of pyrotechnic composition, designed primarily to produce visible or audible effects by combustion, that comply with the construction, chemical composition, and labeling regulations of the United States Consumer Product Safety Commission as provided for in Parts 1500 and 1507 of Title 16 of the Code of Federal Regulations, the United States Department of Transportation as provided for in Part 172 of Title 49 of the Code of Federal Regulations, and the American Pyrotechnics Association as provided for in the 2001 American Pyrotechnics Association Standard 87-1, and additionally shall mean Roman candles. The term consumer fireworks shall not include:

Consumer fireworks retail sales facility. Shall have the same meaning as provided for by the National Fire Protection Association Standard 1124, Code for the Manufacture, Transportation, Storage, and Retail Sales of Fireworks and Pyrotechnic Articles, 2006 Edition (NFPA 1124).

Coping. The capping member of a wall that covers and protects the wall from the effects of weather.

Cornice. Any horizontal member, structural or nonstructural, of any building, projecting outward from the exterior walls at the roof line.

Critical root zone. The land area circular in shape and centered on the trunk of a tree, the radius of which circle is determined by the farthest extent of the drip line from the trunk.

Curb break or curb cut. Any interruption or break in the line of a street curb for the purpose of connecting a driveway to a street, or otherwise to provide vehicular access to abutting property. May also refer to an opening in the curb that allows stormwater to flow into a landscaped area or best management practice.

D Deceleration lane. An added roadway lane, of a specified distance and width and which may include a taper, which permits vehicles to slow down and leave the main vehicle stream.

Density. The quantity of building per unit of lot area; for example, the number of dwellings per lot area (gross square foot or per acre).

Dentil. Any of a series of closely spaced, small, rectangular blocks forming a molding or protecting beneath the cornice.

Designation. A decision by the governing body to designate a district or property as "historic"

and thereafter prohibit all material changes in appearance prior to the issuance of a certificate of appropriateness pursuant to this ULDC.

Design guideline. A standard of appropriate activity that will establish, preserve, or enhance the architectural character and site design and function of a building, structure, or land development.

Detention facility. A detention basin or structure designed for the detention of stormwater runoff and gradual release of stored water at controlled rates.

Development. Any man-made change to improved or unimproved real estate, including, but not limited to, buildings or other structures, mining, dredging, filling, grading, paving, excavating, drilling operations, or permanent storage of materials; any activity which alters the elevation of the land, removes or destroys plant life, or causes structures of any kind to be erected or removed.

Development permit. An official authorization issued by the Director in accordance with this ULDC to proceed with land disturbance and grading, as set forth in this ULDC.

Development site. Any and all areas within which "development" takes place.

Diameter at breast height (DBH). The diameter of a tree trunk (usually a mature tree) measured at a height of 4.5 feet above the ground. If a tree splits into multiple trunks below 4.5 feet, the trunk is measured at its most narrow point beneath the split.

Direct light. Light emitted directly from the lamp, off of the reflector or reflector diffuser, or through the refractor or diffuser lens, of a luminary.

Director. The director of the Department of Community and Economic Development of the city, or their authorized designee.

Dormer. A small window with its own roof projecting from a sloping roof. Dormers are projections that provide ventilation, light, and additional space for attic areas.

Drip line. A perimeter formed by the points farthest away from the trunk of a tree where precipitation falling from the branches of that tree lands on the ground.

Driveway. A constructed vehicular access serving one or more properties and connecting to a public or private street.

Dwelling. Any building or portion thereof which is arranged, designed or used for living quarters for one or more families on a permanent or long-term basis.

E EPD director. The director of the environmental protection division of the Georgia Department of Natural Resources.

Elevation drawing. An architectural drawing of a building or building facade, intended to illustrate its design, characteristics, and major features.

Environmental health department. The Hall County Environmental Health Department.

Established residential area. The portion of a block facing the same street as the land proposed for infill residential development and that portion of the block across the street from the proposed development facing the same street as the land proposed for infill residential development.

Exterior insulating and finish system (EIFS). Exterior wall cladding system consisting primarily of polystyrene foam board with a textured acrylic finish that resembles plaster or stucco.

F Facade. The face or exterior elevation of a building, especially the face parallel to or most nearly parallel to a public street.

Family. Any number of individuals related by blood, marriage, adoption or guardianship, or a group of not more than 4 unrelated persons, occupying a single dwelling unit; provided, however, that domestic servants employed on the premises may be housed on the premises without being counted as a separate family or families.

Fenestration. The organization of windows or openings on a building wall.

Fireworks. Any combustible or explosive composition or any substance or combination of substances or article prepared for the purpose of producing a visible or audible effect by combustion, explosion, deflagration, or detonation, including blank cartridges, balloons requiring fire underneath to propel them, firecrackers, torpedoes, skyrockets, Roman candles, bombs, sparklers, and other combustibles and explosives of like construction, as well as articles containing any explosive or flammable compound and tablets and other devices containing an explosive substance. The term fireworks shall not include:

Fixture. The assembly that houses the lamp or lamps and can include all or some of the following parts: a housing, a mounting bracket or pole socket, a lamp holder, a ballast, a reflector or mirror, and/or a refractor or lens.

Flashing. Thin pieces of metal used for waterproofing joints.

Floodplain. Any land area susceptible to flooding, which would have at least a one percent probability of flooding occurrence in any calendar year based on the basin being fully developed as shown on the current land use plan; i.e., the regulatory flood.

Floor area. The sum of all square footages of each floor of a building, measured from the interior faces of the exterior walls or from the centerline of walls separating two buildings. The following areas are excluded from the measurement of floor area: unfinished attics, attached garages or spaces used for off-street parking and loading, breezeways, and enclosed or unenclosed decks and porches.

Floor Area Ratio (FAR). The ratio of the floor area of a building to the area of the lot in which the building is located.

Flowering ornamental tree. A tree, other than a canopy tree, that produces seasonal flowers and blossoms and is used primarily for aesthetic or ornamental purposes (e.g., flowering dogwood; eastern redbud).

Footcandle. A unit of measure of the intensity of light falling on a surface, equal to 1 lumen per square foot and originally defined with reference to a standardized candle burning at 1 foot from a given surface.

Full cutoff luminary. Outdoor light fixtures shielded or constructed so that no direct light rays are emitted by the installed fixture at angles above the horizontal plane.

G Gable. The triangular upper portion of an end wall, underneath a peaked roof.

Governing body. The Mayor and City Council of the City of Gainesville, Georgia.

Grading. Altering the shape or topography of ground surfaces to a predetermined condition;

this includes stripping, cutting, filling, stockpiling and shaping, or any combination thereof, and shall include the land in its cut or filled condition.

H Historic and landmark trees. Any tree or group of trees which the state urban forest council has included on the state landmark and historic tree register.

J I Impervious surface. A man-made structure or surface, which prevents the infiltration of water into the ground below the structure or surface. Examples are buildings, structures, roads, driveways, parking lots, decks, swimming pools, or patios.

Improvements. The physical addition and changes to land that may be necessary to produce usable, desirable and acceptable lots or building sites.

Industrialized building. Any structure or component thereof which is designed and constructed in compliance with the state minimum standards codes and is wholly or in substantial part made, fabricated, formed, or assembled in manufacturing facilities for installation or assembly and installation on a building site and has been manufactured in such a manner that all parts or processes cannot be inspected at the installation site without disassembly, damage to, or destruction thereof.

Infill lot. Any vacant lot or undeveloped parcel within already developed areas of the city. Such lots typically have access to existing infrastructure such as water, sewer, and other services provided by the city. Does not include vacant land which has been annexed.

L Land development. Any land change, including but not limited to clearing, digging, grubbing, stripping, removal of vegetation, dredging, grading, excavating, transporting and filling of land, construction, paving and any other installation of impervious cover.

Land disturbance. Any land or vegetation change, including, but not limited to, clearing, grubbing, stripping, removal of vegetation, dredging, grading, excavating, transporting and filling of land, that do not involve construction, paving or any other installation of impervious cover.

Land-disturbing activity. Any activity that may result in soil erosion from water or wind and the movement of sediments into state waters or onto lands within the state, including, but not limited to, clearing, dredging, grading, excavating, transporting and filling of land but not including plowing and tilling for agricultural practices.

Landscape strip. An area of landscaping of specified width.

Lot. A parcel or tract of land held in single ownership.

Lot area. The total horizontal area included within lot lines.

Lot area, minimum. The smallest permitted total horizontal area within the lot lines of a lot, exclusive of street rights-of-way but inclusive of easements.

Lot depth. The mean horizontal distance between front and rear lot lines.

Lot frontage. The width in linear feet of a lot where it abuts the right-of-way of any street.

Lot width. The distance between side lot lines measured along the front principal building setback.

Lot Lines. The boundary dividing a given lot from the street, an alley, or adjacent lots.

Low impact development (LID). An approach to land development or redevelopment that seeks to emulate the natural water cycle as much as possible and reduce the negative impacts of development and impervious cover by using stormwater better site design techniques and BMPs that encourage infiltration, evapotranspiration, and/or harvest and use of stormwater runoff onsite.

Luminary. A complete lighting system, including a lamp or lamps and a fixture. This term shall be interpreted broadly as applying to all outdoor electrically powered illuminating devices, outdoor lighting or reflective surfaces, lamps and similar devices, permanently installed or portable, used for illumination or advertisement.

M Manufactured home. A dwelling fabricated in an off-site facility for installation or assembly at the building site, bearing a label certifying that it is constructed in compliance with the National Manufactured Housing Construction and Safety Standards Act of 1974, 42 U.S.C. 5401, et seq.), which first became effective on June 15, 1976. The term “manufactured home” includes a structure, transportable in one or more sections, which, in the traveling mode, is 8 body feet or more in width or 40 body feet or more in length or, when erected on site, is 320 or more square feet in floor area, and which is built on a permanent chassis and designed to be used as a dwelling with or without a permanent foundation when connected to the required utilities and includes the plumbing, heating, air-conditioning, and electrical systems contained therein;

except that such term includes any structure which meets all the requirements of this definition except the size requirement and with respect to which the manufacturer voluntarily files a certification required by the Secretary of Housing and Urban Development and complies with the standards established under the National Manufactured Housing Construction and Safety Standards Act of 1974, 42 U.S.C. 5401, et seq.

Manufactured home park. Any lot or parcel under single ownership on which 2 or more manufactured homes are to be located or intended to be located for purposes of residential occupancy.

Massing. The exterior form of a building, a structure or a series of buildings seen as a whole, encompassing the bulk, shape, height, widths, scale, proportion, and the spatial relationship of buildings, landscaping, and open space.

Mixed-use development. Development of a single building or single parcel to contain 2 or more of the following types of uses: residential, commercial, office, or institutional. Mixed uses may be combined vertically within the same building or placed side by side on the same parcel, provided they are planned as a unified and complementary whole and functionally integrated to make use of shared vehicular and pedestrian access and parking areas.

Mobile home. A dwelling manufactured prior to June 15, 1976, transportable in one or more sections, which, in the traveling mode, is 8 body feet or more in width or 40 body feet or more in length or, when erected on site, is 320 or more square feet in floor area, and which is built on a permanent chassis and designed to be used as a dwelling with or without a permanent foundation when connected to the required utilities and includes the plumbing, heating, air-conditioning, and electrical systems contained therein.

Modulation. A measured setback or offset within the facade of a building or structure.

Model home. A dwelling unit which has never been occupied and is temporarily used for display purposes as an example of dwelling units available or to be available for sale or rental in a residential development. Model homes may be furnished and decorated and may incorporate sales or rental offices as a temporary use.

N New development. Land development activities, structural development (construction, installation or expansion of a building or other structure), and/or creation of impervious surfaces on a previously undeveloped site.

O Occupied. The word "occupied" as applied to any land or building shall be construed to include the words "intended, arranged or designed to be used or occupied."

Open space. Areas that are set aside for common use and protected through a legal instrument approved by the City. The purpose of open space is to provide separation, resource protection, scenic enjoyment, recreation, or amenity to abutting developed property. Areas designated as open space shall not be included in minimum lot areas required by this ULDC.

Open space, landscaped. That portion of a given lot, not covered by buildings, parking, access and service areas, that is designed to enhance privacy and the amenity of the development by providing landscaping features, screening and buffering for the benefit of the occupants or those in neighboring areas, or a general appearance of openness. Landscaped open space may include, but need not be limited to, grass lawns, decorative planting, berms, walls and fences, sidewalks/walkways, ornamental objects such as fountains and other similar natural and man-made objects, wooded areas, and water courses, any or all of which are designed and arranged to produce an aesthetically pleasing effect within and exterior to the development.

Overlay district. A defined geographic area that encompasses one or more underlying zoning districts and that imposes additional requirements above those required by the underlying zoning district. An overlay district can be coterminous with zoning districts or contain only parts of one or more such districts.

P Parapet. That portion of a wall which extends above the roof line.

Parcel. Any plot, lot or acreage shown as a unit on the latest county tax assessment records.

Parking aisle. The traveled way, which is not the public right-of-way, by which cars enter and depart parking spaces and maneuver within a designated parking lot.

Parking bay. Three or more parking spaces adjacent to one another and aligned side- by-side.

Parking lot. Any public or private area at grade used for the express purpose of temporary vehicle storage otherwise in operation for personal or business use.

Parking space. A space meeting required dimensions for width and length and identified and set aside for the temporary parking of an automobile or other motor vehicle.

Parking structure. A building or structure used for the express purpose of temporary vehicle storage otherwise in operation for personal or business use.

Parking, bicycle. An area in a parking lot, along a sidewalk, or adjacent to or within a building or structure that is designed and marked for the purpose of securing bicycles in an upright fashion, using a locker or open framework that is permanently attached to the ground and providing secure anchorage for three or more bicycles.

Pedestrian-scale development. Development designed with an emphasis on the sidewalk and pedestrian access to the site and buildings. Buildings are generally placed close to the street and the primary entrance is oriented to the sidewalk. There are generally windows or display cases along building facades which face the street.

Permit. The land development permit issued by the city required for undertaking any land development activity.

Permitted use. A use by right which is specifically authorized in a particular zoning district, or permitted by right in a particular overlay zone.

Person. Any individual, partnership, firm, association, joint venture, public or private corporation, trust, estate, commission, board, public or private institution, utility, cooperative, city, county or other political subdivision of the state, any interstate body or any other legal entity.

Pervious paving. Materials used to surface parking lots and driveways that are designed to meet the requirements of materials described in the latest edition of Volume 2 – Technical Handbook of the Georgia Stormwater Management Manual as the porous concrete or modular porous paver systems under the limited application stormwater structural controls.

Porous pavers are installed over a gravel base course that provides storage as runoff infiltrates through the porous paver system into underlying permeable soils.

Planning and Appeals Board. The Planning and Appeals Board of the City; also known or referred to as the “Planning Commission.”

Plaza. An open area adjacent to a building that functions as a gathering place and may incorporate a variety of nonpermanent activities.

Porch. A projection from a building wall which is covered but enclosed on no more than one side by a vertical wall.

Portico. An exterior appendage to a building, normally at the entry, usually roofed.

Porous materials. Porous asphalt, porous concrete, permeable pavers, or turf block or other porous materials approved by the department of water resources director or designee. Turf block consists of interlocking concrete or plastic cells filled with soil and planted with turf grass or a low-maintenance groundcover.

Premises. An area of land with its appurtenances and buildings which is one unit of real estate because of its unity of use.

Prism method. A method where a wedge-shaped prism of glass is used to determine trees that must be included in a sample area.

Property. See “Lot.”

Proportion. Balanced relationship of parts of a building, signs and other structures, and landscape to each other and to the whole.

Professional engineer. An engineer licensed and registered to perform the duties of a professional engineer (P.E.) by the state.

Public works director. The director of the Department of Public Works of the City, or their designee, whose duties include the review and approval of construction plans for public streets for the City.

Q R Recreational vehicle. Vehicles or equipment used for recreational activities such as boats, boat trailers, travel trailers, recreational vehicles, pick-up campers or coaches, motorized dwellings, motor coaches, tent trailers and other similar vehicles.

Redevelopment. The structural development (construction, installation or expansion of a building or other structure), creation or addition of impervious surfaces, replacement of impervious surface not part of routine maintenance, and land disturbing activities associated with structural or impervious development. Redevelopment does not include such activities as exterior remodeling.

Registered land surveyor. A land surveyor licensed and registered to perform the duties of a registered land surveyor (R.L.S.) by the state.

Residential industrialized building. Any dwelling unit designed and constructed in compliance with the Georgia State Minimum Standard One and Two Family Dwelling Code which is wholly or in substantial part made, fabricated, formed, or assembled in a manufacturing facility and cannot be inspected at the installation site without disassembly, damage to, or destruction thereof. Any such structure shall not contain a permanent metal chassis and shall be affixed to a permanent load-bearing foundation. The term shall not include manufactured homes as defined by the National Manufactured Housing Construction and Safety Standards Act of 1974, 42 U.S.C. Section 5401, et seq.

Retail display window. A window or opening in the exterior wall of any portion of a building used for business purposes, through which merchandise, services, or businesses are displayed or advertised and visible from the ground or sidewalk level.

Rezoning. An amendment to the official zoning map that changes the zoning district of one or more properties specified in an application; provided, however, that changes to the historic preservation overlay zone are not considered “rezoning” for purposes of this ULDC and are instead regulated by the provisions of Title 9Section 7-7-4 of this ULDC. Rezoning also includes applications to change conditions of zoning approval.

Right-of-way. Land reserved for and immediately available for public use as a street or other purpose.

Riparian. Any area belonging or related to the bank of a river, stream, lake, pond or impoundment.

Roof. The cover of a building, including eaves and similar projections.

S Scale. Proportional relationships of the size of parts to one another and to humans.

Setback. The minimum distance between a street right-of-way, lot line, or other designated area and a structure or building or projection therefrom (excluding roof overhangs of 30 inches or less). Setbacks apply to both principal and accessory buildings or structures, except where it explicitly states otherwise in the ULDC. There are four types of setbacks, described as follows:

Shade tree. A broadleaf tree having an average height at maturity of at least 20 feet and having a broad spread relative to its height (excluding trees with pyramidal, conical, or columnar crowns) and a dense canopy, to provide shade to structures or parking areas in the summer months.

Shopping center. A group of commercial uses with a site and building composition that is an architectural unit and is not a miscellaneous assemblage of stores; planned, developed, owned and managed as a unit related in location, size, and type of shops to the trade area that the unit serves, and providing on-site parking in definite relationship to the types and sizes of stores services (laundry, dry cleaning, barbering, shoe repair, etc.) for the day-to-day living needs of the immediate neighborhood, and is usually built around a supermarket or other large-scale retail which is the principal tenant.

Shrub. A woody plant, smaller than a tree, consisting of several small stems from the ground or small branches near the ground, and generally obtaining a height less than 8 feet; a shrub may be deciduous or evergreen.

Sidewalk. A hard-surfaced pedestrian access area adjacent to or within the right-of-way of a street.

Sight visibility triangle. The areas at the corners of an intersection of two streets, or at the intersection of a street and driveway, that are to be kept free of all shrubs, ground covers, berms, fences, structures, or other materials or items between a height of 2.5 and 12 feet as measured from the ground.

Sign. Any identification, description, illustration, device, fixture, structure, display or visual representation, which is visible from any public place and affixed to, or supported or suspended by, a stationary object, structure, building or the ground that uses any color, form, character, symbol, graphic, image, illumination, or writing to announce, direct attention to, identify, or advertise an object, idea, location, place, person, institution, organization, business, product, service, activity or event or to otherwise visually communicate information, ideas or messages of any kind to the public. "Sign" includes the sign face and sign structure. For additional definitions related to signs, see Article 14.

Significant tree. A tree in fair or better condition which has been determined to be of a high value by an Arborist, Forester, or other qualified professional because of its species, size, age or other professional criteria. A tree is considered in fair or better condition if:

Site density factor. The minimum number of tree density units per acre, including recompense for significant and historic/landmark trees, that must be achieved on a property after development.

Special use. A use that would not be appropriate generally or without restriction throughout a particular zoning district and is not automatically permitted by right within said zoning district, but which, if controlled as to number, area, location, relation to the neighborhood or other pertinent considerations, may be found to be compatible and approved by the governing body within that particular zoning district as provided in certain instances by this ULDC. An approved special use runs with the property.

Specimen tree. Any tree or grouping of trees which has been determined, by the director of community and economic development, to be of high value because of its species, size, age, or other professional criteria.

Stormwater better site design. Nonstructural site design approaches and techniques that can reduce a site's impact on the watershed and can provide for nonstructural stormwater management. Stormwater better site design includes conserving and protecting natural areas and greenspace, reducing impervious cover, implementing lower impact site design techniques, and using natural features for stormwater management.

Story. That portion of a building, other than a basement, included between the surface of any floor and the floor next above, or if there is not floor above, the space between the floor and the ceiling next above. The first floor of a 2 or multi-story building shall be deemed the story that has no floor immediately below it and that is designed for living quarters or for human occupancy. Those stories above the first floor shall be numbered consecutively.

Stream bank. The sloping land that contains the stream channel and the normal flows of the stream.

Stream buffer setback. An additional setback, measured horizontally, extending beyond the undisturbed stream buffer, in which all impervious cover shall be prohibited and grading, filling and earthmoving shall be minimized.

Stream channel. Stream channel refers to the portion of a watercourse that contains the base flow of the stream.

Stream protection area. This area refers to the combined areas of all required stream protection buffers and setbacks applicable to a stream.

Street. An improved way for the conveyance of motor driven, rubber-tired vehicles, such as automobiles and trucks.

Street furniture. Those features associated with a street that are intended to enhance the street’s physical character and use by pedestrians, including benches, trash receptacles, planting containers, pedestrian lighting, kiosks, and other objects as determined by the Director.

Street hardware. Objects other than buildings or street furniture that are part of the streetscape. Includes non-pedestrian street light fixtures, utility poles, traffic lights and their fixtures, fire hydrants, and other objects as determined by the Director.

Streetscape. The appearance and organization along a street of buildings, paving, plantings, street hardware, street furniture, and miscellaneous structures.

Structure. Anything built, constructed or erected, or established or composed of parts joined together in some definite manner, the use of which requires location on the ground or which is attached to something having permanent location on the ground. For purposes of this ULDC, parking structures, swimming pools, tennis courts, signs, dog houses, and outdoor fenced animal runs are considered structures. Tents, vehicles, trailers, and play equipment attached to the ground in some permanent or temporary way shall be considered structures. A structure may or may not be easily moved from a given location on the ground. Walls and fences are considered structures but are subject to setback regulations for walls and fences rather than principal or accessory building setback regulations. Driveways and parking lots are not considered structures.

T Timber cruising method. A forest inventory method that involves systematically sampling a forest to determine the volume, species, quality, and other characteristics of the standing timber. Data collected from these sample plots, including tree species, diameter, height, and quality, are used to estimate the total timber volume and value of a forest stand.

Tree density unit. A credit assigned to a tree, based on the diameter of the tree, in accordance with tables contained in this ULDC.

Tree protection area. Any portion of a site where existing trees are located that are proposed to be retained to comply with the requirements of this ULDC, or any other existing trees proposed to be retained due to zoning conditions or requirements from other ordinances.

Tree protection and/or replacement plan. A plan that identifies "tree protection areas,"

existing trees to be retained and proposed trees to be planted on a site to meet minimum requirements, as well as methods of tree protection to be undertaken on the site and other pertinent information.

Tree save area. Any portion of a site with existing trees that are proposed to be retained in order to comply with the requirements of this ULDC. The tree save area shall include no less than the total area defined by the critical root zone (CRZ) of a tree or a group of trees, collectively.

U Understory tree. Those trees that grow beneath the overstory and will generally reach a mature height of less than 40 feet.

Use, supportive commercial. A use of land or a building, or portion thereof, other than the principal use that may be located on the same parcel with such principal use to provide a convenient source of commercial goods or services for the occupants of the principal use of the land or building. Supportive commercial uses are intended and designed to reduce traffic and the need for occupants of surrounding buildings to make automobile trips for daily needs.

Used. The word "used" as applied to any land or building shall be construed to include the words "intended, arranged, or designed to be used or occupied."

Utilities. All public, private, and municipal, above or below ground, infrastructure systems providing water, stormwater, sanitary sewer, natural gas, electricity, telecommunications, cable television or internet, services; or any other service controlled by the State public services commission.

Utility lines. Linear features of utilities, such as pipes, conduit or cables, as well as junctions and ancillary facilities.

V Variance. A grant of relief from the requirements of this ULDC which permits construction or use in a matter otherwise prohibited, which may be approved in individual cases upon application and applied to specific property where compliance would result in a particular hardship upon the owner, as distinguished from a mere inconvenience or a desire to make a profit.

Variance, zoning. A minimal relaxation or modification of the strict terms of the height, area, placement, setback, yard, buffer, landscape strip, parking and loading, or other regulations which are dimensional in nature as applied to specific property when, because of particular physical surroundings, shape, or topographical condition of the property, compliance would result in a particular hardship upon the owner, and will not be contrary to the public interest.

W Wallpack. A wall-mounted luminary.

Water Resources Director. The director of the Department of Water resources of the City, or their designee, whose duties include the review and approval of construction plans for drinking water, sanitary sewer and stormwater for the City.

Watershed. A watershed refers to the land area that drains into a particular stream.

Y Yard. A space on the same lot with a principal building, open unoccupied and unobstructed by buildings or structures from ground to sky except where encroachments and accessory buildings are expressly permitted. Yards may be designated as follows:

Z Zoning map. The official zoning map or maps of the City.