Title 14 LAND MANAGEMENT*
Chapter 14.40 DEFINITIONS
14.40.010 Definitions.
Words not defined herein shall have the meanings stated in
the Standard Building Code, Standard Plumbing Code, Standard Gas Code, or
Standard Fire Prevention Code. Words not defined in the standard codes shall
have the meanings in Webster’s Tenth Edition Collegiate Dictionary, as
revised.
Words in the present tense include the future tense. Words
used in the singular include the plural, and words used in the plural include
the singular.
The word “shall” is always mandatory.
The word “may” is permissive.
The word “lot” includes the word
“plot” or “parcel.”
The word “person” includes a firm, association,
organization, partnership, trust company, or corporation, as well as an
individual.
The word “used” or “occupied” as
applied to any land or building shall be construed to imply that said land or
building is in actual use or occupancy and shall be construed to include the
words “intended,” “arranged,” or “designed to be
used or occupied.”
The word “map” or “zoning map” shall
mean the official zoning map of Colleton County, South Carolina.
The term “planning commission” refers to the
Colleton County planning commission established by County Ordinance Number
98-O-09.
The term “council” refers to the Colleton County
council.
The term “board of zoning appeals” refers to the
Colleton County board of zoning appeals.
Other words and terms defined herein are as
follows:
“Abutting” means sharing a common border;
physically touching.
“Airport elevation” means the established
elevation of the highest point on the usable landing area.
“Airport hazard” means any structure, tree, or
use of land which obstructs the airspace required for, or is otherwise hazardous
to the flight of aircraft in landing or taking off at the airport.
“Airport reference point” means the point
established as the appropriate geographic center of the airport landing areas
and so designated.
“Area of shallow flooding” means a designated AO
or VO zone shown on flood insurance rate maps (FIRM) with base flood depths of
one to three feet, where a clearly defined channel does not exist, where the
path of flooding is unpredictable and indeterminate, and where velocity flow may
be evident.
“Area of special flood hazard” means the land in
the flood plain subject to a one percent or greater chance of flooding in any
given year.
“Base flood” means the flood having a one percent
chance of being equaled or exceeded in any given year.
“Bed and breakfast inn” means any owner-occupied
dwelling or portion thereof offering rooms and meals at breakfast to transient
lodgers in return for compensation.
“Buildable area” means that portion of any lot
which may be used or built upon in accordance with the regulations governing the
zoning district within which the lot is located when the front, side and rear
yard, open space, and applicable buffer area requirements have been
met.
“Building, accessory” means a subordinate
structure on the same lot as the principal or main building or use occupied or
devoted to a use incidental to the principal use. Included in this definition
are private garages, storage sheds, workshops, animal shelters, pool houses,
etc., when detached from the principal buildings, and carports attached to the
principal building when at least seventy-five percent (75%) open or
unenclosed.
“Building, alteration” means any act or process
that changes one or more of the exterior architectural features of a structure,
including, but not limited to, the erection, construction, reconstruction, or
removal of any structure.
“Buildings, principal” means a building in which
is conducted, or in which is intended to be conducted, the main or principal use
of the lot on which it is located.
“Canopy tree” means a deciduous tree that forms
the top layer of vegetation in a forest. Examples of such trees include oaks,
hickories, maples, poplars, and others.
“Certificate of occupancy” means a document
allowing the occupancy or use of a building or certifying that the structure or
use has been constructed or will be used in compliance with all applicable
provisions of this title and the building code.
“Certificate of zoning compliance” means a
document certifying that a proposed use meets all requirements of this
title.
“Child day care services,” where permitted as an
accessory use, means a home in which care is given by a family member and no
others during the day only for one and not more than six children, including the
day care parents’ own children.
“Cluster home development” means a development
design technique that concentrates buildings in specific areas on the site to
allow the remaining land to be used for recreation, common open space, and
preservation of environmentally sensitive features.
“Conditional use” means use of land or structure,
which is permitted in a district under conditions, specified in the zoning
ordinance.
“Condominium” means a unit in a multi-unit
structure owned by an individual who has use of all common areas associated with
that structure.
“Day care services” means and includes any home,
center, agency, or place, however styled, where children, elderly, and other
persons not related to the operator are received for custodial care, apart from
their parents, whether for compensation, reward, or otherwise during part or all
of the day or any number of successive days.
“Density” means the number of dwelling units per
acre of land developed or used for residential purposes. Density requirements in
this title are expressed in dwelling units per gross acre; that is, per acre of
land devoted to residential use is based on the total land area within a
development tract or subdivision, excluding nothing.
“Developer” means an individual, partnership, or
corporation (or agent therefor) that undertakes the activities covered by these
regulations.
“Development” means any manmade change to
improved or unimproved real estate, including, but not limited to, buildings or
other structures, mining, dredging, filling, grading, paving, excavation, or
drilling operations.
“DHEC” means the South Carolina department of
health and environmental control.
“Domestic animal shelter” means a pen, shelter,
or structure where no more than three dogs or small domestic animals, not to
include horses, cows, goats, swine including pot bellied pigs, sheep, ponies,
grazing animals, and fowl of any kind, are boarded and kept.
“Drainage” means the removal of surface water or
groundwater from land by drains, grading, or other means.
“Driveway” means a paved or unpaved area used for
ingress and egress of vehicles, and allowing access from a street to a building
or other structure or facility.
“Dwelling” means a building or portion of a
building arranged or designed exclusively for human habitation.
“Dwelling, apartment” (See dwelling,
multi-unit).
“Dwelling, detached” means a single dwelling
unit, surrounded by open space or yards and which is not attached to any other
dwelling by any means.
“Dwelling, duplex” means a building containing
two dwelling units.
“Dwelling, group occupied” means a dwelling unit
occupied by five or more individuals unrelated by blood, marriage, adoption, or
guardianship living together as a single housekeeping unit.
“Dwelling, multi-family” means a building
containing five or more dwelling units.
“Dwelling, patio house” means a single-family
detached or semi-detached dwelling unit. It is built on a small lot generally
enclosed by walls, which provide privacy. The term is synonymous with zero lot
line dwellings.
“Dwelling, quadruplex” means a build containing
four dwelling units.
“Dwelling, residential designed manufactured
home” means a single-family dwelling unit built according to the Federal
Manufactured Housing Construction and Safety Standards (245 CFR 3280) HUD Code,
6-15-76, and which:
a. Has a minimum width over twenty (20) feet
(multiple-section);
b. Has a minimum of nine hundred (900) square feet of
enclosed living area;
c. Has a minimum 3:12 roof pitch; and has a type of shingle
commonly used in standard residential construction;
d. Is covered with an exterior material customarily used on
site built homes, including vinyl or aluminum lap siding, wood, masonite, or
other materials similar to the exterior siding commonly used in standard
residential construction; and
e. Has a roof overhang of not less than eight
inches.
“Dwellings, single-family” means a building
containing one dwelling unit.
“Dwellings, standard designed manufactured home”
means a single family dwelling unit built according to the Federal Manufactured
Housing Construction and Safety Standards (24 CFR 3280) HUD Code, 6-15-76, and
which does not meet the definition of a Residential Designed Manufactured
Home.
“Dwelling, townhouse” means a series of attached
single-family dwelling units on separate lots, which may or may not have a
common roof and are separated from each other by common vertical
walls.
“Dwelling, triplex” means a single building
containing three dwelling units.
“Dwelling unit” means a single unit providing
complete, independent living facilities for one or more persons including
permanent provisions for living, sleeping, eating, cooking, and
sanitation.
“Dwelling, zero lot line” means a zero lot line
dwelling is a single family detached unit which instead of being centered on a
lot, is placed against at least one of the side lot lines. The term is
synonymous with patio homes.
“Easement” means a right-of-way granted to
another party for specific limited use.
“Elevated building” means a non-basement building
constructed to have the lowest floor elevated above the ground level by means of
fill, solid foundation perimeter walls, pilings, columns, (post and piers),
shear walls, or breakaway walls.
“Evergreen tree” means a coniferous or deciduous
tree that remains green throughout the year.
“Family” means one or more persons related by
blood, marriage, adoption, or guardianship, and not more than four persons not
so related, except that mentally and physically handicapped persons for whom
care is provided on a twenty-four (24) hour basis shall be construed to be a
family, in accord with the provisions of 6-7-830 of the South Carolina Code of
Laws.
“Federal manufactured home construction and safety
standards” means regulations promulgated by the Department of Housing and
Urban Development (HUD) governing the design and construction, strength and
durability, transportability, fire resistance, energy efficiency, and quality of
manufactured housing. These standards also set performance requirements for
heating, plumbing, air conditions, thermal, and electrical systems.
“Flood” means a general and temporary condition
of partial or complete inundation of normally dry land areas.
“Flood hazard boundary map (FHBM)” means an
official map issued by the Federal Emergency Management Agency has delineated
both the areas of special flood hazard and the risk premium zones.
“Flood-resistant material” means any building
material capable of withstanding direct and prolonged contact (minimum
seventy-two (72) hours) with floodwaters without sustaining damage which
requires more than low-cost cosmetic repair.
“Floodway” means the channel of a river or other
watercourse and the adjacent land area that must be reserved in order to
discharge the base flood without cumulatively increasing the water surface
elevation more than one foot.
“Floor” means the top surface of an enclosed area
in a building (including basement), i.e. top of slab in concrete slab
construction or top of wood flooring in wood frame construction. The term does
not include floor of a garage used solely for parking vehicles.
“Floor area ratio” means an intensity measure of
land use derived at by dividing the total floor area of a building by the total
site area.
“Garage, private” (As defined by the Standard
Building Code.)
“Garage, public” (As defined by the Standard
Building Code.)
“Grandfathered use” means any nonconformity
defined by this title, which nonconformity may continue without limitation,
unless otherwise stipulated, and shall be unaffected by the terms of this title.
However, any change of a nonconformity or grandfathered use is subject to the
requirements of Section 14.32.080.
“Gross floor area (GFA)” means the sum of the
floor area for each of a building’s stories measured from the exterior
limits of the faces of the structure, including basement floor area. It does not
include unenclosed porches or any floor space in an accessory building or in the
principal building, which is designed for parking of motor vehicles.
“Habitable dwelling” means a dwelling meeting the
minimum habitability requirements of this title, and other applicable
regulations.
“Hazard to air navigation” means an obstruction
determined to have a substantial adverse effect on the safe and efficient
utilization of the navigable airspace.
“Height” means the vertical distance of a
structure or vegetation.
“Home occupation” means any occupation within a
dwelling, or an accessory building clearly incidental thereto, carried on by a
member or members of the family residing on the premises.
“Improvement” means any man-made immovable item
that becomes part of, placed upon, or is affixed to real estate.
“Instrument runway” means a runway equipped or to
be equipped with a precision electronic navigation aid or landing aid or other
air navigation facilities suitable to permit the landing of aircraft by an
instrument approach under restricted visibility conditions.
“Kennel” means any place or premises other than a
veterinary clinic, used in whole or in part for the purpose of keeping, housing,
or raising twenty-four (24) or more animals in any combination whether the
animals are boarded, are pet animal rescues, or are household pets.
“Land development, major” means the changing of
land characteristics through development, redevelopment, and/or construction of
condominium complexes, commercial parks, shopping centers, industrial parks,
manufactured home parks, and similar developments for sale, lease, or any
combination of owner and rental characteristics.
“Larger than utility runway” means a runway that
is constructed for and intended to be used by propeller driven aircraft of
greater than twelve thousand five hundred (12,500) pounds maximum gross weight
and jet powered aircraft.
“Lot” means a parcel of land considered as a
unit. The terms “lot,” “lot of record,”
“property,” or “tract,” whenever used in this title are
interchangeable.
“Lot, corner” means a lot located at the
intersection of two or more streets.
Lot, Existing. “Existing lot” means a lot or
parcel that existed prior to the adoption of the ordinance codified in this
chapter (December 5th, 2000) in its same size, geometric shape, and dimension as
it is currently recorded or deeded with the County RMC office.
“Lot, through or double frontage” means a lot
which has frontage on more than one street.
“Lot, interior” means a lot, other than a corner
lot, which has frontage on only one street other than an alley.
“Lot, depth” means the horizontal distance
between front and rear lot lines.
“Lot of record” means a lot, the boundaries of
which are filed as legal record.
“Lot, width” means the horizontal distance
between the side lines of a lot measured at right angles to its depth along a
straight line parallel to the front lot line at the minimum required building
setback line.
“Lot area” means the area contained within the
boundary line of a lot.
“Lot line” means a line bounding a lot which
divides one lot from another or from a street or any other public or private
space.

“Manufactured home park” means a lot or parcel
with space, improvements and utilities for the long-term parking of three or
more manufactured homes, which may include services, and facilities for the
residents.
“Manufactured home park space” means a plot or
ground within a manufactured home park designed for the accommodation of one
unit.
“Mini-warehouse” means a building or group of
buildings in a controlled-access and fenced compound that contains individual,
compartmentalized and controlled-access stalls or lockers for the dead storage
of customer’s goods or wares.
“Mixed occupancy” means any building that is used
for two or more occupancies classified by different occupancy use
groups.
“Modular building unit or modular structure”
means any building of closed construction, regardless of type of construction or
occupancy classification, other than a mobile or manufactured home, constructed
off-site in accordance with the applicable codes, and transported to the point
of use for installation or erection. When meeting the requirements of the
Modular Building’s Construction Act (23-43-10 of the S. C. Code of Laws),
said building unit or structure may be located in any zoning district.
“Nonconformity” means any lot of record, use,
building, structure or vegetation in existence prior to the effective date of
the ordinance codified in this title, but which fails, by reason of such
adoption, revision or amendment, to conform to the present requirements of the
title.
“Non-residential use” means a principal use of
land for other than residential purposes, i.e. commercial, industrial,
institutional.
“Open space ratio” means the open space ratio is
a measure of the intensity of land use. It is arrived at by dividing the total
amount of open space within the site by the Total Site Area.
“Parcel” means a land area bounded by property
lines that is recognized as such by the county assessor’s
office.
Parcel, Existing. “Existing parcel” means a lot
or parcel that existed prior to the adoption of the ordinance codified in this
chapter (December 5th, 2000) in its same size, geometric shape, and dimension as
it is currently recorded or deeded with the County RMC office.
“Park” means a public facility open for
recreation, with commercial activities for recreational uses only, open space
and public gardens.
“Plat” means a map or drawing upon which the
developer’s plan of a subdivision or land development is presented for
approval.
“Precision instrument runway” means a runway with
an instrument approach procedure utilizing an Instrument Landing System (ILS) or
Precision Approach Radar (PAR).
“Premises” means a lot, plot, or parcel of land
including the buildings or structures thereon, under control by the same owner
or operator together with all adjacent land.
“Runway” means a defined area on an airport
prepared for landing and takeoff of aircraft along its length.
“Scrap (junk) and waste” means any materials
consisting of waste, discarded or salvage matter which is bought, sold,
exchanged, stored, baled, packed or disassembled for profit, trade or hire, and
shall include any vehicle damaged so as not to comply with state or federal
safety regulations, incapable of self-propulsion or partially dismantled if
retained on the premises for more than seventy-two (72) hours whether for repair
or not. The term junk shall also mean, but not limited to old or scrap copper,
brass, aluminum, rope, rags, paper, trash, tire carcasses, rubber debris,
non-working major appliances, other old ferrous or non-ferrous material,
abandoned barrels or drums, dismantled or inoperable industrial or commercial
equipment or machinery being salvaged for parts, and the following old, scrap,
or used items: metal, batteries, cardboard, plastic, rubber, pallets, motors,
industrial or commercial fixtures, rubbish, debris; wrecked, dismantled or
disabled motor vehicles or parts thereof.
“Sexually oriented business,” for purposes of
this title, means and includes the following:
“Adult arcade” means any place to which the
public is permitted or invited wherein coin-operated or slug-operated or
electronically, electrically, or mechanically controlled still or motion picture
machines, projectors, or other image-producing devices are maintained to show
images to five or fewer persons per machine at any one time, and where the
images so displayed are distinguished or characterized by the depicting or
describing of “specified sexual activities” or “specified
anatomical areas.”
“Adult bookstore or adult video store” means a
commercial establishment, which, as one of its principal business purposes,
offers for sale or rental for any form of consideration any one or more of the
following:
1. Books, magazines, periodicals or other printed matter, or
photographs, films, motion pictures, video cassettes or video reproductions,
slides or other visual representations which depict or describe “specified
sexual activities” or “specified anatomical areas”;
or
2. Instruments, devices, or paraphernalia, which are designed
for use in connection with “specified sexual activities”. A
commercial establishment may have other principal business purposes that do not
involve the offering for sale or rental of material depicting or describing
“specified sexual activities” or “specified anatomical
areas” and still be categorized as an adult bookstore or adult video
store. Such other business purposes will not serve to exempt such commercial
establishment from being categorized as an adult bookstore or adult video store
so long as: one of its principal business purposes is the offering for sale or
rental for consideration the specified materials which depict or describe
“specified sexual activities” or “specified anatomical
areas.”
“Adult cabaret” means a nightclub, bar,
restaurant or similar commercial establishment, which regularly
features:
1. Persons who appear in a state of nudity; or
2. Live performances which are characterized by the exposure
of “specified anatomical areas” or by “specified sexual
activities”; or
3. Films, motion pictures, videocassettes, slides, or other
photographic reproductions, which are characterized by the description of
“specified sexual activities” or “specified anatomical
areas.”
“Adult motel” means a hotel, motel or similar
commercial establishment which:
1. Offers accommodations to the public for any form of
consideration; provides patrons with closed-circuit television transmissions,
films, motion pictures, video cassettes, slides, or other photographic
reproductions which are characterized by the depiction or description of
“specified sexual activities” or “specified anatomical
areas”; and has a sign visible from the public right-of-way which
advertises the availability of this adult type of photographic reproductions;
or
2. Offers a sleeping room for rent for a period of time that
is less than ten hours; or
3. Allows a tenant or occupant of a sleeping room to sublet
the room for a period of time that is less than ten hours.
“Adult motion picture theater” means a commercial
establishment where, for any form of consideration, films, motion pictures,
video cassettes, slides or similar photographic reproductions are regularly
shown which are characterized by the depiction or description of
“specified sexual activities” or “specified anatomical
areas.”
“Adult theater” means a theater, concert hall,
auditorium or similar commercial establishment which regularly features persons
who appear in a state of nudity or live performances which are characterized by
the exposure of “specified anatomical areas” or by “specified
sexual activities.”
“Sexual encounter center” means a business or
commercial enterprise that, as one of its primary business purposes, offers for
any form of consideration:
1. Physical contact in the form of wrestling or tumbling
between persons of the opposite sex; or
2. Activities between male and female persons and/or persons
of the same sex when one or more of the persons is in a state of nudity or
seminude.
“Sign” means any object, device, display or
structure, or part thereof, situated outdoors or indoors, which is used to
advertise, identify, display, direct or attract attention to an object, person,
institution, organization, business, product, service, event or location by any
means, including words, letters, figures, design, symbols, fixtures, colors,
illumination or projected images.
“Sign, abandoned” means a sign structure not
containing a sign for one hundred twenty (120) continuous days or a sign not in
use for one hundred twenty (120) continuous days, or a sign advertising a
business no longer occupying the site on which the sign exists or to which it
refers.
“Sign, animated” means any sign that uses
movement or change of lighting to depict action or creates a special effect or
scene.
“Sign, awning, canopy or marquee” means a sign
that is mounted or painted on or attached to an awning, canopy or
marquee.
“Sign, bench” means a sign located on any part of
the surface of a bench or seat placed on or adjacent to a public
right-of-way.
“Sign, building” means any sign attached to any
part of a building.
“Sign, changeable copy” means a sign or portion
thereof with characters, letters or illustrations that can be changed or
rearranged without altering the face or the surface of the sign. A sign on which
the message changes more than eight times per day shall be considered an
animated sign and not a changeable copy sign for purposes of this title. A sign
on which the only copy that changes is an electronic or mechanical indication of
time or temperature shall be considered a “time and temperature”
portion of a sign and not a changeable copy sign for purposes of this
title.
“Sign, face” means the area or display surface
used for the message.
“Sign, free standing” means any non-movable sign
not affixed to a building.
“Sign, identification” means a sign giving the
nature, logo, trademark, or other identifying symbol; address; or any
combination of the name, symbol, and address of a building, business,
development, or establishment on the premises where it is located.
“Sign, incidental” means a sign, generally
informational, that has a purpose secondary to the use of the zone lot on which
it is located, such as “no parking,” “entrance,”
“loading only,” “telephone,” and other similar
directives. No sign with a commercial message legible from a position off the
zone lot on which the sign is located shall be considered incidental.
“Sign, off-premise” means a sign which directs
attention to a business, commodity, service, or entertainment conducted, sold,
or offered at a location other than the premises on which the sign is
located.
“Sign, permanent” means a sign attached to a
building, structure or the ground in some manner and made of materials intended
for more than short term use.
“Sign, political” means a temporary sign
announcing or supporting political candidates or issues in connection with any
national, state or local election.
“Sign, portable” means a sign designed to be
transported, but not limited by means of wheels.
“Sign, projecting” means a sign that is wholly or
partly dependent upon a building for support and which projects more than twelve
(12) inches from such building.
“Sign, roof” means a sign that is mounted on the
roof of a building or which is wholly dependent upon a building for support and
which projects above the point of a building with a flat roof, the ridge line of
a building with a gambrel, gable, or hip roof or the deck line of a building
with a mansard roof. Signs mounted on the sloping section of a roof or the gable
end of a roof shall be classified as a wall sign.
“Sign, roof integral” means a sign whose
structure is integrated into the structure of the roof, and is an integral part
thereof.
“Sign, temporary” means a sign that is used only
for a short period of time and is not permanently mounted.
“Sign, wall” means any sign attached to and
within six inches of a wall, painted on the wall surface, or erected and
confined within the limits of an outside wall of any building or structure,
which is supported by such wall or building, and which displays only one sign
surface.

SIGN TYPES
“Sign, window” means a sign that is applied or
attached to the exterior or interior of a window or located in such manner
within a building that it can be seen from the exterior of the structure through
a window.
“South Carolina manufactured housing board” is
authorized by state statute to regulate the construction, repair, modification,
installation, tie-down, hook-up, and sale of manufactured homes in South
Carolina, which board has adopted for regulation of manufactured homes the
Federal Manufactured Housing Construction and Safety Standards, promulgated by
HUD, and contained in the board’s Manufactured Housing Regulations, May
26, 1990.
“Street” means any thoroughfare (drive, avenue,
boulevard) or space more than eighteen (18) feet in right-of-way width which has
been dedicated, deeded or designated for vehicular traffic, public or
private.
“Street, major” includes all state primary and
federal aid highways and streets that serve to circulate traffic, having signals
at important intersections, and stop signs on side streets and/or having
controlled access and channelized intersections.
“Street, minor” means a street designed
principally to collect traffic from subdivisions and provide access to abutting
property.
“Street, private” means a street not dedicated
for public use or maintenance.
“Structure” (As defined by the Standard Building
Code.)
“Structural alteration” means any change in the
supporting members of a building, such as the bearing walls, beams, or girders,
or any change in the dimension or configuration of the roof or exterior
walls.
“Subdivision” means the division of a tract,
parcel, or lot into two or more lots or building sites, or other divisions of
land for the purpose, whether immediate or future, of sale, legacy, or building
development, and includes all division of land involving a new street or a
change in existing streets and includes the re-subdivision of land.
Subdivision, Exempt. “Exempt subdivision” means
an exempt subdivision is one which meets the following conditions:
1. Involves the division of land into parcels of five acres
or more where no new street is involved; or
2. Includes the combination or recombination of portions of
previously platted lots where the total number of lots is not increased and the
resultant lots are equal to the standards of this title and other applicable
regulations; or
3. Involves the creation of two lots from a single existing
lot or parcel; including cemetery lots.
“Subdivision, minor” is one which does not
involve the creation of more than eight lots on an existing public
street.
“Subdivision, major” is any subdivision other
than an exempt or minor subdivision.
“Substantial improvement” means any repair,
reconstruction, rehabilitation, addition, or other improvement of a structure,
the cost of which equals or exceeds fifty percent (50%) of the market value of
the structure before the start of construction of the improvement. This term
includes structures, which have incurred substantial damage, regardless of the
actual repair work performed. The term does not, however, include either: (1)
any project of improvement to a structure to correct existing violations of
state or local health, sanitary, or safety code specifications which have been
identified by the local code enforcement official and which are the minimum
necessary to assure safe living conditions (does not include Americans with
Disabilities Act compliance standards): or (2) any alteration of a historic
structure, provided that the alteration will not preclude the structure’s
continued designation as a historic structure. Permits shall be cumulative for a
period of five years.
“Travel trailer or recreational vehicle” means a
structure that (1) is intended to be transported over the streets and highways
(either as a motor vehicle or attached to or hauled by a motor vehicle), and (2)
is designed for temporary use as sleeping quarters, but that does not satisfy
one or more of the definitional criteria of a mobile or manufactured home or
modular unit.
“Understory tree” means a small deciduous tree
that forms the layer of vegetation under the canopy trees in a forest. Examples
of such trees include dogwoods, sourwoods, fruit trees and others.
“Use, accessory.” See Building,
accessory.
“Use” means the purpose or activity, for which
land or any building thereon is designed, arranged or intended, or for which it
is occupied or maintained.
“Use, principal” means the primary purpose for
which land is used.
“Utility runway” means a runway that is
constructed for and intended to be used by propeller driven aircraft of twelve
thousand five hundred (12,500) pounds maximum gross weight and less.
“Variance” means a modification of the area
regulations of this title, granted by the board of zoning appeals, where such
modification will not be contrary to the public interest, and where, owing to
conditions peculiar to the property, a literal enforcement of the title would
result in unnecessary and undue hardship, and where such modification will not
authorize a principal or accessory use of the property which is not permitted
within the zoning district in which the property is located.
“Vegetation” means any object of natural
growth.
“Visual runway” means a runway intended solely
for the operation of aircraft using visual approach procedures.
“Wetlands” means those areas that are inundated
or saturated by surface or ground water 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. Wetlands
generally include swamps, marshes, and bogs. For official determination whether
or not an area is classified as a wetland contact the Army Corps of
Engineers.
“Yard” means an open space that lies between the
principal or accessory building or buildings and the nearest lot line. Such yard
is unoccupied and unobstructed from the ground upward except as may be
specifically provided by this title.
“Yard, front” means a yard extending the full
width of the front of a lot between the front (street) right-of-way line or
property line and the front building line.
“Yard, rear” means a yard extending the full
width of the lot in the area between the rear lot line and the rear building
line.
“Yard, required” means that part of a yard
between a lot line and the minimum required building setback line, within which
no structure shall be located except as provided by this title.
“Yard, side” means a yard extending the full
length of the lot in the area between the side lot line and a side building
line.
“Zoning district” means a specifically delineated
area or district within which regulations and requirements govern the use,
placement, spacing and size of land and buildings. (Ord. 03-O-13, 2003; Ord.
03-O-02 (part), 2003; Ord. 99-O-25 § 10.1, 1999)