Appendix 600. WORDS AND PHRASES

For the purposes of these regulations, certain terms, words, and phrases are defined as follows:

Words with a masculine gender include the feminine gender.

Words used in the future tense include the present.

Words used in the present tense include the future.

Words used in the singular include the plural.

Words used in the plural include the singular.

The word "may" is permissive.

The words "ordinance"' and "regulations" are used interchangeably.

The word "person" includes a firm, association, corporation, organization, partnership, trust, company, and an unincorporated association of persons such as a club, as well as an individual.

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

601

APPLICANT: The owner of land proposed to be subdivided, or his representative. Consent shall be required from the legal owner of the premises.

602

BLOCK: A parcel of land that is normally bounded by streets or bounded by streets and the exterior boundary of a subdivision.

603

BASE FLOOD: The flood having a one percent chance of being equaled or exceeded in any given year—commonly referred to as the '100-year flood'. (See also, 'High Water Stage')

604

BOND: Any form of security (including a cash bond, surety bond, cashier's check, collateral, property, or instrument of credit) in an amount and form satisfactory to the Governmental Engineer for the amount of the estimated construction cost guaranteeing the completion of physical improvements according to plans and specifications within the time prescribed by the owner(s) agreement. (See Article 2, Section 208)

605

BUILDING INSPECTOR OR OFFICIAL: A qualified inspector from the Municipal Building Inspection's office who is designated by the local government to enforce the Zoning Ordinance.

605.1

CAD: Computer-aided drafting; a.k.a., computer-aided design.

606

CAPITAL IMPROVEMENTS PROGRAM: A proposed schedule of all future projects listed in order of construction priority together with cost estimates and the anticipated means of financing each project. All major projects requiring the expenditure of public funds, over and above the annual local government's operating expenses, for the purpose, construction, or replacement of the physical assets for the community are included.

607

CITY MANAGER: A person appointed by the governing body to be the chief administrative official of the city or town or his designated representative. In some cases, this official is referred to as the "City Administrator." In cities or towns which do not have a city manager, the term "City Manager" as used herein refers to the chief elected official or his designated representative.

608

COLLECTOR STREET: See Street, Collector.

608.1

CONTROL MONUMENT: A survey marker used to position the remaining boundary survey corners on the surface of the Earth. A type of monument.

609

CORRECTIVE PLAT: A plat used to record minor changes to a recorded plat. (See Article 2, Section 206).

610

TRANSPARENT PLASTIC FILM: A dimensionally stable material on which the final details of a proposed subdivision are affixed and recorded in the Registrar's office. (See Article 2, Section 207).

611

CUL-DE-SAC STREET: A local street with one (1) end open to traffic and the other end terminating in a vehicular turnaround (See App. 6).

611.1

CUL-DE-SAC, SHORT: A cul-de-sac street which provides access to ten (10)) or less lots provided the road is not an extension of a road with a wider right-of way and the street cannot be extended due to topographic barriers (See App. 6).

612

CURRENT PLANNING AND OPERATIONS: A division of the Planning Commission that receives, processes, and administers the subdivision regulations within the jurisdiction of the Planning Commission.

613

DEED RESTRICTIONS: A private covenant among the residents of a subdivision or development limiting the use or conditions within the subdivision or development.

614

DEVELOPER: Any individual, subdivider, firm, association, syndicate, partnership, corporation, trust, or any other legal entity commencing proceedings under these regulations to effect a subdivision of land here under for himself or for another.

615

EASEMENT: Authorization by a property owner for the use by another, and for a specified purpose, of any designated part of his property.

615.1

EASEMENT, DRAINAGE: A perpetual, unobstructed easement across property reserved to carry surface water drainage along specified routes to natural water courses. Drainage easements shall not be filled or built upon in any way that will impede the flow of surface water.

615.2

EASEMENT, OVERHEAD POWER AND COMMUNICATION: An easement for the installation, operation, inspection, maintenance, repair or replacement of overhead electric power, telephone, cable TV. and other communication lines, cables, poles, anchors, structures, etc. and the appurtenances thereto belonging.

615.3

EASEMENT, PERMANENT: A recorded permanent easement which provide access to a publicly accepted municipal or county street. Such permanent easement shall be open to public safety access and utility access.

615.4

EASEMENT, POWER AND COMMUNICATION: An easement for the installation, -1 operation, inspection, maintenance, repair or replacement of underground, ground level or overhead electric power, telephone, cable TV. and other communication lines, cables, poles, anchors, ditches, pipes, duct, structures, manholes, etc. and the appurtenances thereto belonging.

615.5

EASEMENT, UTILITY: An easement for the installation, operation, inspection, maintenance, repair or replacement of the public utility lines, cables, poles, ditches, pipes, manholes, etc. and the appurtenances thereto belonging.

616

ENGINEER: Any person registered to practice professional engineering in Tennessee by the State Board of Examiners for Architects and Engineers.

617

FINAL PLAT: A subdivision plat prepared in accordance with the provisions herein, in which said plat is designed to be placed on record with the County Registrar after approval by the Planning Commission.

618

FLAG LOT: An interior lot located to the rear of another lot but with a narrow portion of the lot extending to the street. The narrow portion of the lot that extends to the street shall be suitable for ingress and egress.

619

FLOOD, 100-YEAR: (Base Flood Elevation) The flood having a one percent chance of being equaled or exceeded in any given year as defined by Federal Emergency Management Administration (formerly Federal Insurance Administration). The boundaries and general elevations of the 100 year flood are shown on the Flood Insurance Rate Maps issued by the Federal Emergency Management Administration.

620

FLOODWAY ZONE (VALLEY ZONE): The channel of a river or other water course and the adjacent land areas that must be reserved in order to discharge the base flood (100 year flood) without increasing the water surface elevation. The Floodway Zone is shown on the Municipal Zoning Maps

621

FRONTAGE: The width of the lot measured at (1) the required front yard setback line, or (2) in the case of a flag lot, the narrowest part not in that narrow part that extends to a street.

622

GENERAL PLAN: A plan, or any portion thereof, adopted by the Planning Commission, showing the general location and extent of present and proposed physical facilities including housing, industrial and commercial uses, streets, parks, schools, and other community facilities. This plan establishes the goals, objectives, and policies of the community.

623

GEOLOGIC SURVEY: Involves study of the bedrock, regolith, and ground water. Requires a detailed mapping of the rock strata and structural relationships of these units. Also, may include nature and significance of possible metallic and non-metallic mineral deposits.

623.1

GIS DEPARTMENT: The agency designated by Hamilton County and the Town of Lakesite as the official source of electronic maps and related geographic information system support. The head of the agency is the Director of the GIS Department.

624

GOVERNING BODY: The chief legislative body of the city or town government, commonly referred to as the "City Commission," "City Council," "Board of Commissioners," or "Town Council."

625

GOVERNMENTAL ENGINEER: The engineer designated by the Governing Body to furnish engineering assistance for the administration of these regulations, usually given the title "City Engineer."

626

GRADE: The slope of a street, or the ground, specified in percentage (%) terms.

626.1

HAMILTON COUNTY GIS DEPARTMENT: See Section 620.1, GIS Department, above.

627

HEALTH DEPARTMENT AND HEALTH OFFICER: The agency and person designated by the Governing Body to administer the health regulations of the local government and of the State.

627.2

HAMILTON COUNTY WATER AND WASTEWATER TREATMENT AUTHORITY (HCWWTA): An independent authority chartered by Hamilton County Government under sections of the Tennessee Code Annotated which provided sanitary sewer service to parts of Hamilton County.

627.3

HAMILTON COUNTY WATER QUALITY PROGRAM: The agency designated to administer the Hamilton County Water Quality Program Rules and Regulations. (added 9-14-2009)

628

HIGH WATER STAGE (Base flood elevation): See "Flood-100 Year."

629

IMPROVEMENTS: Street pavement or resurfacing, curbs, gutters, sidewalks, water lines, storm drains, street lights, flood control and drainage facilities, utility lines, landscaping, and other related matters normally associated with the development of raw land into building sites.

630

LOCAL GOVERNMENT: For the purposes of these regulations the city governments which are authorized by law to adopt ordinances.

631

LOCAL GOVERNMENT ATTORNEY: The licensed attorney designated by the Governing Body to furnish legal assistance to the Governing Body, sometimes referred to as "City Attorney."

632

LOCAL STREET: See Street, Local

633

LOT: A parcel of land or any combination of several lots of record, occupied or intended to be occupied by a principal building or building group as permitted in the applicable zoning ordinance or regulation, together with their accessory building or uses and such access, yards, and other open spaces as required in these regulations and the applicable zoning ordinance. If on-site waste disposal systems are used, the lot must be capable of sustaining such a disposal system within the limits of the particular lot.

634

LOT MEASUREMENTS: Lots shall be measured and their dimensions calculated as given below.

634.1

LOT FRONTAGE: The width of the lot measured at (1) the required front yard set-back line, or (2) in the case of a flag lot, the narrowest part not in that narrow part that extends to a street.

634.2

LOT WIDTH: The width of the lot measured along a straight line between side lot lines (generally parallel to the street) and measured at: (a) the rear of the front yard required by the local zoning regulations, or (b) the building setback line as shown on the plat.

634.3

LOT DEPTH: The depth of the lot measured along a straight line(s) perpendicular to the street and measured from the street right-of-way to the rear of the lot in accordance with the most applicable of the following conditions: (See following page for examples.)

(a)

for rectangular lots; the length of the side lot line.

(b)

for lots that are generally rectangular or trapezoidal, except where either side lot line is less than fifty (50) feet; the average of the depths to the rear lot corner.

(c)

lots that are generally rectangular, or trapezoidal where one side lot line is less than fifty (50) feet, or triangular; the average of the depth of the long side lot line and the length of a line perpendicular to the street but seventy-five (75) feet away from side measured above. (Note: the lot width must be at least seventy-five (75) feet to make this measurement.)

(d)

lots with irregular front or rear lot lines; the average of the shortest side lot line and a line to the portion of the rear lot line that is closest to the street.

(e)

flag lots; the depth of the major part of the lot, as measured above, but excluding the narrow portion of the lot that extends to the street.

634.4

LOT AREA: The area bounded by the lot lines of a lot with the following exception:

(a)

for lots served by septic tanks; drainage ways and/or easements and the area separated from the main portion of a lot by a drainage way, or drainage easement.

635

LOT OF RECORD: A designated tract of land as shown on a recorded plat or tax map on record in the Registrar's Office or the Assessor of Property's Office prior to the passage of the Zoning Ordinance.

636

LOT TYPES: Terminology used in these regulations with reference to corner lots, interior lots, and through lots, and reversed frontage lots is as follows:

636.1

CORNER LOT: A lot located at the intersection of two or more streets. A lot abutting on a curved street or streets shall be considered a corner lot if straight lines drawn from the foremost points of the side lot lines to the foremost point of the lot meet at an interior angle of less than one hundred thirty-five (135) degrees.

636.2

INTERIOR LOT: A lot other than a corner lot with only one frontage on a street.

636.3

THOUGH LOT: A lot other than a corner lot with frontage on more than one street. Through lots abutting two streets may be referred to as double frontage lots.

636.4

REVERSED FRONTAGE LOT: A lot on which frontage is at right angles to the general pattern in the area. A reversed frontage lot may also be a corner lot.

637

MAJOR ROAD: See Road, Major.

638

MAJOR STREET PLAN: See General Plan

639

MAJOR SUBDIVISION: See Subdivision, Major.

640

MONUMENTS: Permanent concrete or iron markers used to establish definitely all lines of the plat of a subdivision, including all lot corners, boundary lines, corners, and points of change in street alignment.

641

NON-RESIDENTIAL LOT: A lot intended to be used for purposes other than residential and accessory uses; such as for commercial or industrial development.

642

NON-RESIDENTIAL SUBDIVISION: A subdivision intended to be used other than residentially, such as for commercial or industrial development. Such subdivisions shall comply with the applicable provisions of these regulations.

643

OFFER OF DEDICATION: The act of granting land or streets to an entity, such as the government, association, person, etc. The offer of dedication shall not constitute the acceptance of such land or streets by the local government, association or person.

644

ORDINANCE: Any legislative action, however denominated, of a local government which has the office of law, including any amendment or repeal of any ordinance.

645

OWNER: Any person, group of persons, firm or firms, corporation or corporations, or any other legal entity having legal title to or sufficient proprietary interest in the land sought to be subdivided under these regulations.

646

PERFORMANCE BOND: See Bond and Article 2, Section 208.

647

PLANNING AGENCY: A public agency which serves as the staff for the Chattanooga-Hamilton County Regional Planning Commission and any other planning commissions in Hamilton County as requested. This agency also performs other planning service functions as requested by local government.

647.1

PLANNING AGENCY STAFF: The staff of the Planning Agency

648

PLAT: The map, plan, or drawing on which the developer's plan of a subdivision of property is presented to the Planning Commission for approval and, after such approval, to the Registrar of Hamilton County for recording. "Plat" includes plat, plan, plot or replot.

649

PLAT DESIGNER: An individual or firm that surveyed and designed the preliminary plat, final plat, and transparent plastic film.

650

PUBLIC RIGHT-OF-WAY: Land owned by a government, but developed and reserved for the public's use. (See Right-of-Way, Section 655)

650.1

PUBLIC UTILITY: See "Utility, Public"

651

RESERVE STRIP: A remnant of land created by the subdivision of contiguous land.

652

RESIDENTIAL LOT: A lot intended to be used for residential and accessory uses.

653

RESIDENTIAL SUBDIVISION: A subdivision intended to be used for residential and accessory uses.

654

RESUBDIVISION: A change in a map of an approved or recorded subdivision plat if such change affects any street layout on such map, or area reserved thereon for public use, or any lot line; or if it affects any map or plan legally recorded prior to the adoption of any regulations controlling subdivisions.

655

RIGHT-OF-WAY: A strip of land occupied or intended to be occupied by a street, crosswalk, railroad, road, electric transmission line, oil or gas pipeline, water main, sanitary or storm sewer main, shade trees, or for another special use. The usage of the term "right-of-way" for land platting purposes shall mean that every right-of-way hereafter established and shown on a final plat is to be separate and distinct from the lots or parcels adjoining such right-of-way and not included within the dimensions of areas of such lots or parcels. Right-of way intended for streets, crosswalks, water mains, sanitary sewers, storm sewers, storm drains, shade trees, or any other use involving maintenance by a public agency shall be dedicated to public use by the maker of the Plat on which such right-of-way is established.

656

R.O.H.C.: Registrar's Office of Hamilton County.

657

SALE OR LEASE: Any immediate or future transfer of ownership or any possessory interest in land, including contract of sale, lease, devise, inter-state succession, or transfer, or an interest in a subdivision or part thereof, whether by metes and bounds, deed, contract, plat, map, lease, devise, interstate succession, or other written instrument.

658

SETBACK LINE: A line established by the subdivision regulations and/or zoning ordinance, generally parallel with and measured from the lot line, defining the limits of a yard in which no building, other than accessory building, or structure may be located above ground, except as may be provided in said codes.

659

STAGING: The development of tracts of land in a piecemeal fashion to avoid adhering to a longer subdivision procedure.

659.1

STORM WATER: Storm water runoff, snow melt runoff, and discharge resulting from precipitation. (Added 9-14-2009)

659.2

STORM WATER RUNOFF: Flow on the surface of the ground resulting from precipitation. (Added 9-14-2009)

660

STREET: Any public right-of-way designed for vehicular movement, except alleys, dedicated to and accepted by the local government. "Street" includes the full width of the right-of-way between property lines as well as the traveled portion thereof. "Street" includes "road," "highway," or any other designation of a public right-of-way designed for vehicular movement. (See 302.3)

660.1

STREET, DEDICATED: A street shown on a subdivision plat which has been dedicated to the local government, but which has not yet been accepted by the local government.

660.2

STREET, COLLECTOR: A street, whether within a residential, industrial, commercial, or other type of development, which primarily carries traffic from local streets to arterial streets. Collector streets include those streets designated as collector streets on the General Plan or any other plan adopted by the Chattanooga-Hamilton County Regional Planning Commission.

660.3

STREET, CUL-DE-SAC: A local street with one (1) end open to traffic and the other end terminating in a vehicular turnaround. (See App. 6).

660.4

STREET, SHORT CUL-DE-SAC: (See Cul-de-Sac, Short)

660.5

STREET, FREEWAY: A divided, multi-lane street with full control of access designed to move large volumes of traffic at high speeds.

660.6

STREET, FRONTAGE: A street adjacent to a freeway or a major arterial, separated therefrom by a median, and providing ingress and egress from abutting property.;

660.7

STREET, LOCAL: A street primarily for providing access to residential, commercial or other abutting property.

660.8

STREET, MAJOR: A street which serves the major movements of traffic within and through the community as shown on the latest adopted Major Street Plan of the General Plan, or any other plan adopted by the Chattanooga-Hamilton County Regional Planning Commission.

660.9

STREET, SPLIT: A street, designed to lessen road cross grades and lot grades, that has two one-way or street segments with a median that is a part of the right-of-way. Split streets shall have a paved turn-around of at least 40 feet in diameter at each end of the median to facilitate access to property on the reverse lane of the split street The developer may be required to install facilities to reduce maintenance and erosion at the discretion of the Governmental Engineer. (See App. 6.)

661

SUBDIVIDER: Any person who (1), having an interest in land, causes it, directly or indirectly, to be divided into a subdivision or who (2), directly or indirectly, sells, leases, or develops, or offers to sell, lease, or develop, or advertises for sale, lease, or development, any interest, lot parcel site, unit, or plat in a subdivision, or who (3) engages directly or through an agent in the business of selling, leasing, developing, or offering for sale, lease or development a subdivision or any interest, lot parcel site, unit, or plat in a subdivision, and who (4) is directly or indirectly controlled by, or under direct, or indirect common control with any of the foregoing. (See also Applicant, and Developer)

662

SUBDIVISION: See Article 1, Sections 105.2 and 105.2.1.

662.1

SUBDIVISION, ADMINISTRATIVELY APPROVED: See Article 2, Sections 204 and 205.

662.2

SUBDIVISION, CORRECTIVE PLAT: See Article 2, Section 206.

662.3

SUBDIVISION, MAJOR: Any subdivision in which new streets are to be constructed and dedicated to the public; or any subdivision requiring the extension of public water and/or sewer lines; or any subdivision with four or more lots whose only access is an easement or private road or any subdivision with ten (10) or more new lots. (Amended 9-14-2009)

663

SURVEYOR: A land surveyor properly licensed and registered in the State of Tennessee.

663.1

SURVEYOR/ENGINEER: Any person registered to practice professional engineering in the State of Tennessee and also licensed and registered to practice land surveying in the State of Tennessee.

664

UTILITY, PUBLIC: A public utility is a business, organization, or government entity which is regularly supplying the public with some commodity or service to include, but not be limited to, such commodities or services as natural gas, electricity, water, telephone, sewage collection, cable television, etc., which requires the extension of lines, poles, cables, wires, pipes, etc. to individual buildings and which is being regulated for the public convenience and necessity by Federal, State, or local government.

665

VALLEY (FLOODWAY) ZONE: See Floodway Zone.

666

VARIANCE: A variance is a modification of the strict terms of the relevant regulations where such modification will not be contrary to the public interest and where, owing to conditions peculiar to the property and not the result of the action of the applicant, a literal enforcement of the regulations would result in unnecessary and undue hardship. (See Article 1, Section 111 and 111.1)

667

WATERCOURSE, UNMAPPED: Any watercourse other than Chickamauga Lake and those watercourses for which 100 year flood elevations have been mapped by the Federal Emergency Management Administration or its successor on Flood Insurance Rate Maps.

667.1

WATER QUALITY EASEMENT: Water Quality Easement is the area defined in the Plat of Record in the Hamilton County Register's Office which has been set aside for the maintenance, repair, monitoring, or other activities for the furtherance of water quality control and protection, including an area for pedestrian or vehicular access, and within which certain activities, such as planting or construction that changes or redirects water resources within or flowing through the area, are limited and prohibited without the written consent of the Hamilton County Water Quality Program until such easement is released in writing by the Hamilton County Water Quality Program or its successor agency. (Added 9-14-2009)

668

ZONING ORDINANCE: The Zoning Ordinance of the City of Lakesite.