§ 1.13.00. Definitions.
In the construction of this Land Development Code and of all amendments, the following definitions and rules of construction shall be observed, unless otherwise specifically defined or such construction would be inconsistent with the manifest intent of the town council:
Abut means to physically touch or border upon; or to share a common property line.
Adversely affected person means any person who is suffering or will suffer an adverse effect to an interest protected or furthered by the local government comprehensive plan, including, but not limited to:
(1)
Interests related to health and safety;
(2)
Police and fire protection services;
(3)
Densities or intensities of development;
(4)
Transportation facilities;
(5)
Recreational facilities;
(6)
Educational facilities;
(7)
Health care facilities, equipment or services; and
(8)
Environmental or natural resources.
The alleged adverse effect may be shared in common with other members of the community at large, but must exceed in degree the general interest in community good shared by all persons.
Developer means any person who engages in or proposes to engage in a development activity either as the owner or as the agent of an owner of property.
Development or development activity means any of the following activities:
(1)
Construction, clearing, grubbing, alteration, scraping, filling, excavating, grading, paving, demolition, removing, dredging, exposing, mining, digging, drilling, burrowing, dumping, piling, leveling or otherwise significantly disturbing the soil, mud, sand or rock of a site as well as killing or otherwise removing the vegetation from a site.
(2)
Building, removing, installing, enlarging, replacing or substantially restoring a structure, impervious surface, or water management system, and including the long-term storage of materials.
(3)
Building or construction work that results in physical changes to property, building or other principal structure, including such activities referred to as renovation, remodeling, facelifting.
(4)
Subdividing land into two or more parcels.
(5)
A tree removal for which authorization is required under this Land Development Code.
(6)
Erection of a permanent sign unless expressly exempted by article VIII of this Land Development Code.
(7)
Alteration of a historic property for which authorization is required under this Land Development Code.
(8)
Changing the use of a site so that the need for parking is increased.
(9)
Construction, elimination or alteration of a driveway onto a public street.
Development order means an order granting, denying or granting with conditions an application for approval of a development project or activity. A distinction is made between development order, which encompasses all orders and permits, and three distinct types of development orders: preliminary development order, final development order and development permit. See following subsections:
(1)
Preliminary development order means any preliminary approval which does not authorize actual construction, mining, or alterations to land and/or structures. A preliminary development order may authorize a change in the allowable use of land or a building, and may include conceptual and conditional approvals where a series of sequential approvals are required before action authorizes commencement of construction or land alteration. For purposes of this Land Development Code preliminary development orders include future land use map amendments, comprehensive plan amendments which affect land use or development standards, preliminary development plan approval, and master plan approval.
(2)
Final development order means the final authorization of a development project; the authorization which must be granted prior to issuance of a development permit as defined for purposes of this Land Development Code. (The final development order authorizes the project, whereas the development permit authorizes specific components of the project, such as building construction, parking lot installation landscaping, and the like.) For purposes of this Land Development Code the final development plan approval is the final development order.
(3)
Development permit means, for purposes of this Land Development Code, that official town document which authorizes the commencement of construction or land alteration without need for further application and approval. The term "development permit" includes all types of construction permits (plumbing, electrical, foundation, mechanical and so forth, in addition to the building permit itself), grading and clearing permits, septic tank permits, tree removal permits, sign permits, etc.
Dwelling unit means a single housing unit providing complete, independent living facilities for one housekeeping unit, including permanent provisions for living, sleeping, eating, cooking and sanitation.
Gross density or density means the total number of dwelling units divided by the total site area, less public right-of-way.
Gross floor area means the sum of the gross horizontal areas of the several floors of a building measured from the exterior face of exterior walls, or from the centerline of a wall separating two buildings, but not including interior parking spaces, loading space for motor vehicles, or any space where the floor-to-ceiling height is less than six feet.
Impervious surface means a surface that has been compacted or covered with a layer of material so that it is highly resistant to infiltration by water. The term "impervious surface" includes, but is not limited to, semi-impervious surfaces such as compacted clay, as well as most conventionally surfaced streets, roofs, sidewalks, parking lots and other similar structures.
Improvement means any manmade, immovable item which becomes part of, is placed upon, or is affixed to real estate.
Minor replat means the subdivision of a single lot or parcel of land into two lots or parcels, or the subdivision of a parcel into two or more lots which are solely for the purpose of increasing the area of two or more adjacent lots or parcels of land, where there are no roadway, drainage or other required improvements, and where the resultant lots comply with the standards of this Land Development Code.
Owner means a person who, or entity which, alone, jointly or severally with others, or in a representative capacity (including without limitation, an authorized agent, attorney, executor, personal representative or trustee) has legal or equitable title to any property in question, or a tenant, if the tenancy is chargeable under his lease for the maintenance of the property.
Parcel means a unit of land within legally established property lines. If, however, the property lines are such as to defeat the purposes of this Land Development Code or lead to absurd results, a parcel may be as designated for a particular site by the town manager.
Structure means that which is built or constructed, an edifice or building of any kind, or any piece of work artificially built-up or composed of parts joined together in some definite manner, but shall not include fences or signs.
Vehicle use area means an area used for circulation, parking and/or the display of motorized vehicles, except junk or automobile salvage yards.
(Ord. No. 91-6, § 3(12.00.03), 2-11-1992; Ord. No. 2009-03, § 9(12.00.03), 6-9-2009)