§ 23-86. Definitions.

(a)

General. For the purpose of the administration and enforcement of this article and unless otherwise stated in this article the following words shall have a meaning as indicated herein; words used in the present tense shall include the future tense; words used in the singular number shall include plural number; and words used in the plural number shall include singular number; and the word "shall" is mandatory not directory.

(b)

Miscellaneous definitions.

(1)

Applicant: The owner or the agent, heir or assign of the owner, of the tract of land which is designated on a building permit application. If an agent has been appointed to represent the owner as applicant, the owner shall submit written authorization as part of the application.

(2)

Artificial lot: An area within a contiguous tract or parcel held under common ownership and designated on the building permit application that is delineated by the city manager for the sole purpose of satisfying the requirements of this article.

(3)

Buffer tree: An existing (or proposed) tree belonging to any of the species listed in Exhibit A-2.

(4)

Caliper: The minimum diameter of a tree as measured six inches above natural ground level.

(5)

Developed area: That portion of a commercial or multifamily residential tract of land upon which "landscape improvements" will be placed.

(6)

Encroachment: Any protrusion of a vehicle outside of a parking space, display area or access way into the required landscaped improvements.

(7)

Frontage: Lineal distance measured along all abutting street rights-of-way.

(8)

Grandfathered tree: Any tree which was growing on the site before the start of designing the development and which is proposed to remain after completion of the development and which is not proposed to be transplanted.

(9)

Ground cover: An existing (or proposed) plant belonging to any of the species listed in Exhibit A-4.

(10)

Historic: Any tree found to have been associated with any person, place or event that has been or is likely to be designated in a historic character (age is an important criterion in historic designations).

(11)

Landmark: Any tree found to be associated with any more recent event of profound character (i.e. first tree planted at an important event such as Arbor Day).

(12)

Landscape improvement: Any tree, shrub, ground cover, vine, grass, other approved plant, grandfathered plant, approved mulch, approved landscaping rock, approved paver, and/or approved fountain installed in a planting area for the purpose of fulfilling the requirements of this article (and shall not mean artificial plant or concrete/asphalt sidewalk).

(13)

Landscape plan: The plan(s) or revision of plan(s) that detail(s) the landscaping to be installed as required by this article.

(14)

Landscape screen: A fence, tree, or shrub installed for the purpose of providing screening between residential and non-residential districts.

(15)

Maintain: To ensure the proper growth, vitality, and vigor of "landscape improvements" and to display such improvements in accordance with the letter and the spirit of this article at all times.

(16)

Multifamily residential: Any site occupied by three (3) or more families living independently of each other.

(17)

Nonresidential: Of or relating to property that is zoned to an Apartment "F" classification or zoned to a less restrictive classification.

(18)

Owner: Any person or legal entity with an interest in land, or a lessee, agent, employee or other person acting on behalf of the owner with the owner's authorization.

(19)

Parking-lot tree: Either a "grandfathered tree" or a tree belonging to any of the species listed in Exhibit A-1.

(20)

Parking lot: Any paved, surfaced, or leveled area designed and ordinarily used for accessory or public parking of motor vehicles, including commercial parking of motor vehicles, commercial parking available for lease and leased premises available for public parking as defined by applicable city ordinance.

(21)

Passenger vehicle: A motor vehicle for which a class C driver's license is required by the state (and which is not being offered for sale on the site of the regulated parking space).

(22)

Rare: Any of the many rare species regardless of their association with the Endangered Species Act (i.e. Sabal palm, Runyon tree, etc.).

(23)

Removal: Any overt act which causes (or may reasonably be expected to cause) a plant to die by use of any chemical, machinery, tool, construction, soil compaction, substantial change in the grade (decreasing or increasing water/air supply), girdling, excessive pruning, or paving with any plant-injuring material.

(24)

Residential: Of or relating to property that is zoned to a dwelling/retail "R-2" classification or zoned to a more restrictive classification.

(25)

Road: Street (wider than twenty-five (25) feet) and/or alley (twenty-five (25) feet or less).

(26)

Road right-of-way: A public and/or private road right-of-way or a public and/or private road right-of-way easement.

(27)

Shrub: An existing (or proposed) plant belonging to any of the species listed in Exhibit A-3.

(28)

Significant vegetation: Any tree with a caliper nine (9) inches or greater (except palm), any Sabal texana with a trunk taller than ten (10) feet, any other palm with a trunk taller than twenty (20) feet, and all vegetation listed as historic, landmark, or rare (except Sabal texana ).

(29)

Site: The tract of land that is designated on a building permit application; or if designated, an artificial lot contained therein and delineated by the city manager, together with all contiguous tracts or parcels of land held under common ownership and any existing buildings and appurtenant parking.

(30)

Street right-of-way: A public and/or private street right-of-way or a public and/or private street right-of-way easement.

(31)

Tree: A species of woody perennial plant (including palm) that usually has a single, elongate main stem generally with few or no branches on its lower part and which usually grows to a mature height of at least twelve (12) feet.

(32)

Valuable: Any tree of at least ten (10) years of age.

(Ord. No. 05-22, § 1, 8-2-2005)

Editor's note

The exhibits referenced in § 23-86 have not been included herein, but are on file for inspection in the office of the city secretary.