Duluth UDC (unnumbered, p.410: Definitions — S)

Scaffold limbs. The large, main limbs that diverge from the trunk of a tree and that support the remainder of the branches and leaves. Screening. A method of shielding or obscuring one abutting or nearby structure or use from another by opaque fencing, walls, berms, densely planted vegetation, or the like. Seasonal Event. See “Holiday or Seasonal Event.” Sediment. Solid material, both organic and inorganic, that is in suspension, is being transported, or has been moved from its site of origin by wind, water, ice, or gravity as a product of erosion. Sedimentation. The process by which eroded material is transported and deposited by the action of water, wind, ice, or gravity. Semi-Trailer. A trailer with a set or sets of wheels at the rear, the forward portion of which is designed to be supported by the truck tractor or towing vehicle. For the purpose of this definition, flatbeds designed to be hauled by truck tractors are included as semi-trailers. Setback. The distance between a street line or lot line and the building line of a principal building or structure. 409 | P a g e Article Fourteen. Interpretation and Definitions Setback, Minimum. The shortest distance allowed between a street line or lot line and any principal or accessory building on a lot. Minimum setback requirements for buildings are associated with the type of lot line from which the setback is taken; for instance, a “side yard setback” is measured from a side lot line. 1. Front Building Setback. The minimum allowable distance between a street line or lot line and the front building line of a principal building or structure, projected to the side lines of the lot, except where otherwise prohibited by this Code. 2. Rear Building Setback. The minimum allowable distance between a rear lot line and the building line. The rear building setback extends along and is parallel to the full length of the rear lot line. 3. Side Building Setback. The minimum allowable distance between a side lot line and the building line. The side building setback extends along and is parallel to the side lot line between the front building setback and a rear building setback (if any). Setback, Stream. With respect to a stream, the area (established by the Stream Buffer Protection provisions of Article 8) extending beyond any buffer applicable to the stream. Shopping Center. See “Planned Center.” Shrub: 1. A self-supporting woody plant that may reach a height of less than 15 feet, such as but not limited to, azalea, boxwood, yew, hawthorn, hydrangea, holly, nandina, or camellia. 2. A woody plant of relatively low height, distinguished from a tree by having several stems and branches from the base rather than a single trunk. Site (of Development). The parcel of land being developed, or the portion thereof on which the development project is located. Sign. Any structure, device, object, design, or display that is used or intended to be used to attract the attention of or to convey information to the public, and that is placed in such a way, whether outdoors, indoors, or near a window, as to be in the view of the general public from the exterior of any building on the property. Sign, A-frame, Sidewalk, or Sandwich. A temporary, movable sign not secured or attached to the ground or surface which it is located. This type of sign is typically “A” shaped or in some variation thereof (including a sign displayed on an easel) is usually double sided. Sign, Aggregate Area. The combined area of all sign faces of a particular category on a single parcel. For example the aggregate sign area of all freestanding signs on a parcel is the sum of the sign face areas of all freestanding signs on such parcel. Sign, Animated. A sign that has moving parts or includes action, motion, or color changes, or the optical illusion of action, motion, or color changes, including signs using electronic ink, signs set in motion by wind or by mechanical means such as the blowing of air or motorized parts, or made up of a series of sections that turn, including any type of screen using animated or scrolling displays such as an LED (light-emitting diode) screen or any other type of video display. Sign, Banner. A sign of fabric, thin plastic, or similar lightweight material that is mounted to a pole or a building at one or more edges and is intended or displayed as commercial speech. Flags displaying noncommercial speech shall not be considered to be banners. 410 | P a g e Article Fourteen. Interpretation and Definitions Sign, Billboard. A freestanding pole sign that is 200 square feet in area or larger. Sign Body. Portion of a sign structure that is intended or designed primarily to support or display the sign face, exclusive of the sign’s base or decorative cap, if any. Sign, Building Marker. See under “building sign.” Sign, Canopy. See under “building sign.” Sign, Changeable Copy. A type of animated sign that is capable of changing the position or format of texts or other displays on the sign face or change the visible display of words, numbers, symbols and graphics by the use of a matrix of electric lamps, movable discs, movable panels, light apertures, or other methods, provided these changes are actuated by either a control mechanism or manually on the face of the sign. Changeable copy signs include the following types: 1. Manually Activated: A sign whose alphabetic, pictographic, or symbolic informational content can be changed or altered by placing such letters or other message elements directly on the sign face by hand. 2. Electronic: A sign whose alphabetic, pictographic, or symbolic informational content can be changed and is displayed electrically or electronically. See also “LED sign.” Sign, Channeled Letter. Signs that have their letters cut out of the sign face or raised above the sign face, described as: 1. Internally Channeled Letters: Letters or other symbols cut into a sign face and located above a recessed background surface, often designed for the background surface to be illuminated by an artificial light source. 2. Reverse-Channeled Letters: Letters or other symbols raised above a background surface designed to be illuminated from behind and within the letters or symbols by an artificial light source. Sign Copy. The words, letters, figures, symbols, logos, fixtures, colors, or other design elements that are used to convey the message, idea, or intent for which a sign has been erected or placed. Sign, Dilapidated/Deteriorated. A sign that is structurally unsound, has defective parts, or is in need of painting or other maintenance. Sign, Double-Faced. A sign structure with two sign faces that are parallel (back-to-back) or that form an angle to one another of no more than 60 degrees, where each sign face is designed to be seen from a different direction and the two sign faces are separated from each other at their nearest point by no more than 12 inches. Sign faces or sign modules on a single sign structure that are separated by more than 12 inches are treated as separate signs. Sign Face. Portion of the surface of a sign structure where words, letters, figures, symbols, logos, fixtures, colors, or other design elements are or may be located in order to convey the message, idea, or intent for which the sign has been erected or placed. The sign face may be composed of two or more modules on the same surface that are separated or surrounded by portions of a sign structure not intended to contain any advertising message or idea and are purely structural or decorative in nature. 411 | P a g e Article Fourteen. Interpretation and Definitions Sign, Flag. See “flag.” Sign, Height. The vertical distance from the ground to the highest point of the sign structure, as measured from the adjacent finished grade at the base of the sign. Sign, Illuminated. Any sign or portion thereof that is illuminated by artificial light, either from an interior or exterior source, including outline, reflective, or phosphorescent light, whether or not the source of light is directly affixed as part of the sign, and shall also include signs with reflectors that depend upon sunlight or automobile headlights for an image. 1. Direct or Internal Illumination. A sign illuminated by an internal source. 2. Indirect or External Illumination. A sign illuminated by an external light source directed primarily toward such sign. Sign, Incidental. A small sign, emblem, or decal no larger than 1½ square feet in area. Such signs are normally located on doors, windows, and gas pumps, or in parking lots or loading areas, may be freestanding or building signs, and are generally not readily visible or legible from public rights-of-way. Sign, Inflatable. A sign that is either expanded to its full dimensions through mechanical means of an air-blower or supported by gasses contained within the sign, or sign parts, at a pressure greater than atmospheric pressure. Sign, Kiosk. See “Kiosk.” Sign, Marquee. See under “Building Sign.” Sign, Mobile. See “Vehicular Sign.” Sign Module. Each portion or unit of a sign face that is clearly separable from other such units by virtue of its individual or independent construction or framing. Sign, Monument. See under “Freestanding Sign.” Sign, Multi-Faced. A single freestanding sign structure consisting of two sign faces (see “Double-Faced Sign”) or three or more sign faces that are separated from each other at their nearest point by no more than 12 inches. Sign faces or sign modules on a single sign structure that are separated by more than 12 inches are treated as separate signs. Sign, Neon. An illuminated sign containing a glass tube filled with neon or phosphors, which is bent to form letters, symbols or other shapes, or otherwise used to highlight, decorate or outline the sign. Sign, Nonconforming. A sign legally existing at the time of its placement or erection that could not have been approved under the terms of this Development Code. Sign, Permanent. Any sign that is securely affixed to the ground or to a building and not readily removable. Temporary signs are not considered to be permanent signs. Sign, Pole. See under “Freestanding Sign”. Sign, Portable. A sign whose principal supporting structure is intended, by design and construction, to be used by resting on the ground for support and may be easily moved or relocated for reuse. Portable signs shall include, but are not limited to, signs mounted on a trailer, bench, wheeled carrier, or other non-motorized mobile structure with or without wheels. See also “Sign, A-Frame, Sidewalk, or Sandwich.” Sign, Pre-Permanent. A temporary sign used for signage by a new business until the permanent sign is installed. Sign, Principal. The main, most prominent or largest freestanding or building sign on a property’s street frontage or principal building, other than a project entrance sign as defined in this Article. Such signs are of permanent construction and not placed as temporary signage. 412 | P a g e Article Fourteen. Interpretation and Definitions Sign, Prohibited. Any sign, other than a non-conforming sign, not conforming to this Development Code. Sign, Project Entrance. A permanent freestanding sign located at an entrance designed and permitted for vehicular access into a multi-family development, or into a development containing multiple lots, such as, but not limited to, a particular single-family residential subdivision, a townhouse condominium subdivision, or a commercial subdivision such as an office park or industrial park where buildings are located on separate lots. Sign, Projecting. See under “Building Sign.” Sign, Roof. See under “Building Sign.” Sign, Temporary. Any sign, the use of which is short-term in nature, that is affixed to or placed on the ground or to a building but is readily removable and not intended for permanent installation. Sign, Under Canopy. See under “Building Sign.’ Sign, Wall. See under “Building Sign.” Significant Recharge Areas. Those areas mapped by the Georgia Department of Natural Resources in Hydrologic Atlas 18, 1989 edition. Single-Family Attached Dwelling (Townhome or Townhouse). A residential building containing three to eight one- dwelling units adjoined by vertical walls. Single-Family Detached Dwelling. A detached building containing one dwelling unit. See also “Manufactured home,” “Modular home,” and “Site-Built Single-Family Detached Dwelling.” Site. The parcel of land being developed, or the portion thereof on which the land development project is located. Site-Built Single-Family Detached Dwelling. A single-family detached dwelling constructed on the building site from basic materials delivered to the site, in contrast to assembly of pre-constructed and which is constructed in accordance with all requirements of the construction codes as adopted by the City of Duluth. Slope. The degree of deviation of a surface from horizontal, measured in a numerical ratio, percent or degrees. Expressed as a ratio or percentage, the first number is the vertical distance (rise) and the second is the horizontal distance (run), as 2:1 or 200 percent (200%). Expressed in degrees, it is the angle of the slope from the horizontal plane with a 90-degree slope being vertical (maximum) and 45-degree being a 1:1 slope. Small canopy tree. A tree with a canopy that covers at least 400 square feet at maturity but less than 900 square feet under urban conditions, with a crown diameter of at least 25 feet. Small Cell Wireless Facility. A wireless facility that meets both of the following qualifications: (i) all antennas shall either be enclosed in a canister with a combined maximum height of 4 feet and a maximum total volume of 15 cubic feet, and (ii) all other wireless equipment shall, to the extent feasible, be contained within the pole or support structure, but if mounted externally, shall not exceed a maximum volume of 23 cubic feet, and must be attached to the pole. The following types of associated ancillary equipment are not included in the calculation of equipment volume: electric meter, concealment elements, telecommunications demarcation box, grounding equipment, power transfer switch, cut-off switch, and vertical cable runs for the connection of power and other services. Small Wireless Facility. Radio transceivers; surface wave couplers; antennas; coaxial, fiber optic, or other cabling; power supply; backup batteries; and comparable and associated equipment, regardless of technological 413 | P a g e Article Fourteen. Interpretation and Definitions configuration, at a fixed location or fixed locations that enable communication or surface wave communication between user equipment and a communications network and that meet both of the following qualifications: (i) each wireless provider's antenna could fit within an enclosure of no more than six cubic feet in volume; and (ii) all other wireless equipment associated with the facility is cumulatively no more than 28 cubic feet in volume, measured based upon the exterior dimensions of height by width by depth of any enclosure that may be used. The following types of associated ancillary equipment are not included in the calculation of the volume of all other wireless equipment associated with any such facility: electric meters; concealment elements; telecommunications demarcation boxes; grounding equipment; power transfer switches; cut-off switches; and vertical cable runs for connection of power and other services. Such terms shall not include a pole, decorative pole, or support structure on, under, or within which the equipment is located or collocated or to which the equipment is attached and shall not include any wireline backhaul facilities or coaxial, fiber optic, or other cabling that is between small wireless facilities, poles, decorative poles, or support structures or that is not otherwise immediately adjacent to or directly associated with a particular antenna. Softwood Tree. Any coniferous (cone bearing) tree. This definition is based on the colloquialism and does not necessarily reflect any true qualities of the tree. Soil and Water Conservation District Approved Plan. An erosion, sedimentation, and pollution control plan approved in writing by the 15th Soil and Water Conservation District. Special Event Facility. An establishment where special events including, but not limited to, weddings, wedding receptions, private parties, and similar events are held and which provides meals for food services in connection with such events and which meets the definition in Chapter 3 of the Duluth Code of Ordinances. Special Use. The term applied to those uses specifically identified and approved by the City Council under the requirements set forth herein. Specimen Tree. Any tree which has been determined by a registered landscape architect or the Planning and Development Director, his/her designee, or any other certified Arborist to be of high value because of its type, size, age and/or of historical significance, or other professional criteria, and has been so designated in administrative standards established by the City. This is usually a plant with desirable form, foliage, fruit, or flower that can be emphasized although isolated. Stabilization. The process of establishing an enduring soil cover of vegetation by the installation of temporary or permanent structures for the purpose of reducing to a minimum the erosion process and the resultant transport of sediment by wind, water, ice or gravity. Start of Construction. The date a permit was issued, provided the actual start of construction, repair, reconstruction, or improvement was within one hundred eighty (180) days of the permit date. The actual start means the first placement of permanent construction of the structure such as the pouring of slabs or footings, installation of piles, construction of columns, or any work beyond the stage of excavation, and includes the placement of a manufactured home on a foundation. Permanent construction does not include initial land preparation, such as clearing, grading and filling; nor does it include the installation of streets and/or walk-ways; nor does it include excavation for a basement, footings, piers or foundations or the erection of temporary forms; nor does it include the installation on the property of buildings appurtenant to the permitted structure, such as garages or sheds not occupied as dwelling units or part of the main structure. (NOTE: accessory structures are not exempt from any article requirements). For a substantial improvement, the actual start of construction means the first alteration of any wall, ceiling, floor, or other structural part of a building, whether or not that alteration affects the external dimensions of the building. State. The State of Georgia. 414 | P a g e Article Fourteen. Interpretation and Definitions State General Permit. The National Pollution Discharge Elimination System (NPDES) general permit or permits for storm water runoff from construction activities as is now in effect or as may be amended or reissued in the future pursuant to the state’s authority to implement the same through federal delegation under the Federal Water Pollution Control Act, as amended, 33 U.S.C. Section 1251, et seq., and subsection (f) of Code Section 12-5-30. State Waters. Any and all rivers, streams, creeks, branches, lakes, reservoirs, ponds, drainage systems, springs, wells, and other bodies of surface or subsurface water, natural or artificial, lying within or forming a part of the boundaries of Georgia that are not entirely confined and retained completely upon the property of a single individual, partnership, or corporation. Stormwater. Any surface flow, runoff, and drainage consisting entirely of water from any form of natural precipitation, and resulting from such precipitation, but which also includes: 1. Water from those sources described in this Article; and/or, 2. Any discharge permitted under NPDES permit or order issued to the discharger and administered under the authority of the state and the federal Environmental Protection Agency, provided that the dis-charger is in full compliance with all requirements of the permit, waiver, or order and other applicable laws and regulations, and provided that written approval has been granted for any discharge to the city separate storm sewer system. 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, and using natural features for stormwater management. Stormwater Management. The collection, conveyance, storage, treatment and disposal of stormwater runoff in a manner intended to prevent increased flood damage, streambank channel erosion, habitat degradation and water quality degradation, and to enhance and promote the public health, safety, and general welfare. Stormwater Management Design Manual. The most recent version of the Gwinnett County, Georgia, Stormwater Design Manual. Stormwater Management Facility. Any infrastructure that controls or conveys stormwater runoff. Stormwater Management Measure. Any stormwater management facility or nonstructural stormwater practice. Stormwater Management Plan. A document describing how existing runoff characteristics will be affected by a land development project and containing measures for complying with the provisions of this ordinance. Stormwater Management System. The entire set of structural and nonstructural stormwater management facilities and practices that are used to capture, convey and control the quantity and quality of the stormwater runoff from a site. Stormwater Retrofit. A stormwater management practice designed for a currently developed site that previously had either no stormwater management practice in place or a practice inadequate to meet the stormwater management requirements of the site. Stormwater Runoff. The flow of surface water resulting from precipitation. 415 | P a g e Article Fourteen. Interpretation and Definitions Story, Building. That portion of a building included between the surface of any floor and the surface of the floor above it. If there is no floor above it, a room, suite, or story with more than one- half of its height below grade shall not be considered a story for the purposes of height regulations. One-story measures 12 feet in height. The first floor of a two or multi-story building shall be deemed the story that has no floor immediately below it that is designed for living quarters or for human occupancy but has at least ½ of its height on one side above grade. Those stories above the first floor shall be numbered consecutively. Stream. Any stream, beginning at: 1. The location where the normal stream flow has wrested the vegetation. The normal stream flow is any flow that consists solely of base flow or consists of both base flow and direct runoff during any period of the year. Base flow results from the groundwater that enters the stream channel through the soil. This includes spring flows into streams. Direct runoff is the water entering stream channels promptly after rainfall or snow melts; or, 2. A point in the stream channel with a drainage area of 20 acres or more; or, 3. Where evidence indicates the presence of a stream in a drainage area of other than 20 acres, the Planning and Development Department may require field studies to verify the existence of a stream. Stream Bank. The confining cut of a stream channel. Stream Buffer. See under “Buffer”. Stream Channel. The portion of a watercourse that contains the base flow of the stream. Stream Protection Area. See “Protection Area.” Street. A public thoroughfare, that affords the principal means of access to abutting property. Various types of streets may be defined as follows: 1. Arterial. A Principal Arterial, Major Arterial, or Minor Arterial street as defined and designated in the Comprehensive Plan of Gwinnett County. 2. Major Thoroughfare. Any public street, existing or proposed, that is shown in the Comprehensive plan as an arterial or collector. 3. Minor Collector. A through street having the primary function of connecting subdivisions or other areas to Major Collector streets or other major thoroughfares or functioning as a central route within a subdivision channeling traffic from the local streets to an abutting major thoroughfare or another Minor Collector street. For the purposes of these Regulations, a central but non-through route within a subdivision or other project will be considered a Minor Collector, if the Average Daily Traffic generated by the development on the route will exceed 2,000 trips. 4. Marginal Access Street. A local street that is parallel to and adjacent to a major thoroughfare and that provides access to adjacent properties and protection from through traffic. 5. Local Nonresidential Street. A surface street intended primarily to provide local access to adjacent existing or planned commercial or industrial development and not for through traffic. 6. Local Residential Street. A surface street intended primarily to provide local access to adjacent residential development and not for through traffic. 416 | P a g e Article Fourteen. Interpretation and Definitions 7. Cul-De-Sac. A street having one end open to traffic and being permanently terminated within the development by a vehicular turnaround. For the purpose of designation, a cul-de-sac street shall be interpreted to begin at the intersection of two or more streets nearest to the vehicular turnaround. 8. Alley or Service Drive. A minor, permanent, public service-way that is used primarily for vehicular service access to the back or the side for properties otherwise abutting on a street. 9. Driveway. A vehicular access way in private ownership, other than a Private Street that provides access primarily to only one property. Street Line. The dividing line between a lot, tract or parcel of land and a contiguous street. Street, Private. Any right-of-way or area set aside to provide vehicular access within a development that is not dedicated or intended to be dedicated to the city, and that is not maintained by the city; An access way similar to and having the same function as a public street, providing access to more than one property, but held in private ownership (as distinct from a "driveway"). Private streets shall be classified as local streets for purposes of determining building setbacks. Street, Public. A right-of-way dedicated to and accepted by the City of Duluth for vehicular traffic or over which the City of Duluth may hold a prescriptive easement for public access and including designated and numbered U. S. and State Highways. For the purposes of this Development Code, the term "public street" shall be limited to those that afford or could afford a direct means of vehicular access to abutting property and exclude limited access roadways that abut a property but from which direct access may not be allowed under any circumstances. Street, Right-of-Way. The dividing line between a lot, tract, or parcel of land and a street right-of-way. Structural Buffer. See under “Buffer”. Structural Erosion, Sedimentation, and Pollution Control Practices. Practices for the stabilization of erodible or sediment-producing areas by utilizing the mechanical properties of matter for the purpose of either changing the surface of the land or storing, regulating, or disposing of runoff to prevent excessive sediment loss. Examples of structural erosion and sediment control practices are riprap, sediment basins, dikes, level spreaders, waterways or outlets, diversions, grade stabilization structures, and sediment traps, etc. Such practices can be found in the publication Manual for Erosion and Sediment Control in Georgia. Structural Stormwater Control. A structural stormwater management facility or device that controls stormwater runoff and changes the characteristics of that runoff including, but not limited to, the quantity and quality, the period of release, or the velocity of flow of such runoff. Structure. Anything constructed or erected on the ground or attached to something on the ground, including, but not limited to: buildings, signs, gasoline pumps, parking lots, patios, pools, decks, manufactured homes, gas or liquid storage tanks, and canopies. Stub. An undesirable short length of a branch remaining after a break or an incorrect, internodal pruning cut is made. Subdivider. Any person, individual, firm partnership, association, corporation, estate, trust, or any other group or combination acting as a unit dividing or proposing to divide land so as to constitute a subdivision as herein defined, including an agent of the subdivider. Subdivision: 1. (verb) Any division or redivision of a lot, tract or parcel of land, regardless of its existing or future use, into two or more lots, tracts, parcels, or building sites. The term, "subdivision" shall mean the act or process of dividing property. 417 | P a g e Article Fourteen. Interpretation and Definitions 2. (noun) Where appropriate to the context, the term "subdivision" also may be used in reference to the aggregate of all lots or building sites held in common ownership at the time of division. Substantial Damage. Damage of any origin sustained by a structure whereby the cost of restoring the structure to its before damaged condition would equal or exceed 50% of the market value of the structure before the damage occurred. Substantial Improvement. Any combination of repairs, reconstruction, alteration, or improvements to a building, taking place during a ten-year period, in which the cumulative cost equals or exceeds 50% of the market value of the structure prior to the improvement. The market value of the building means: 1. The appraised value of the structure prior to the start of the initial repair or improvement; or, 2. In the case of damage, the value of the structure prior to the damage occurring. 3. This term includes structures which have incurred repetitive loss or substantial damage regardless of the actual amount of repair work performed. For the purposes of this definition, "substantial improvement" is considered to occur when the first alteration of any wall, ceiling, floor, or other structural part of the building commences, whether or not that alteration affects the external dimensions of the building. The term does not, however, include those improvements of a building required to comply with existing health, sanitary, or safety code specifications which are solely necessary to assure safe living conditions, which have been pre-identified by the code enforcement official, and not solely triggered by an improvement or repair project. Substantially Improved. Existing manufactured home park or subdivision is where the repair, reconstruction, rehabilitation, or improvement of the streets, utilities and pads equals or exceeds 50% of the value of the streets, utilities, and pads before the repair, reconstruction, or improvement commenced. Subtenant. A natural person, business, or other entity that subleases or is otherwise allowed to occupy a portion of land or a building, the majority of which is also occupied by a tenant. For the purposes of this Development Code, a subtenant is not treated as a “tenant” as defined herein. Suburban sprawl. The outward expansion of suburban areas into formerly rural or undeveloped land. It is characterized by low-density development, single-family homes, and increased reliance on automobiles for transportation. Support Structure (Small Cell Wireless Facility). A building, billboard, water tank, or any other structure to which a small wireless facility is or may be attached. Such term shall not include a decorative pole, electric transmission structure, or pole.