§ 156.02.01. DEFINITIONS.

(A)

This chapter shall be interpreted according to its literal terms. Words shall be construed as defined in a standard dictionary and syntax shall be understood according to conventional rules.

(B)

Unless the context requires otherwise:

(1)

The present tense of verbs shall include the future tense;

(2)

The masculine gender shall include the feminine;

(3)

The singular number shall include the plural, and the plural shall include the singular;

(4)

The word "shall" denotes a mandatory requirement; the word "may" denotes permission.

(C)

The following terms shall have the following definitions:

"Activity" as defined in the zoning ordinance, Chapter 155, for the Town of Lexington.

"Administrator" means the Town official assigned to administer, interpret and enforce the landscape and tree ordinance.

"Aggregate expansion" means any area expansions of a site, building or building group which occurs within a three-year period or less.

"Authority horticultural landscape" means any individual or source, licensed, registered, degreed or otherwise acknowledged as capable of providing expert information and reference in horticultural science and/or landscape design and maintenance.

"Berm" means any hill or slope which represents a change of elevation of at least two feet (2') at a slope of between twenty-five percent (25%) and fifty percent (50%) and which is covered with an appropriate stabilizing vegetation.

"Biodiversity" means diverse use of living landscape material so that on parcels of zero to one acre there are no more than forty percent (40%) of any one species of living landscape materials excluding turf grass and ground cover is used over the entire property. On parcels greater than one acre but less than five (5) acres, no more than twenty-five percent (25%) of any one species of living landscape material excluding turf grass and ground cover is used over the entire property. On parcels greater than or equal to five (5) acres, no more than ten percent (10%) of any one species of living landscape material excluding turf grass and ground cover is used over the entire property.

"Building area" means that portion of the structure that is defined by the "footprint" and/or total square footage.

"Building site" means that portion of a lot or site on which a principal building could be erected as permitted by the zoning ordinance. This will include an area not greater than twenty feet (20') outside of the exterior walls of the structure.

"Caliper" means the diameter of nursery stock, taken at six inches (6") above ground for up to and including four inch (4") caliper size and twelve inches (12") above ground for larger size.

"Caliper inches" means the quantity in inches of the diameter of supplemental and replacement trees measured at a height of four inches (4") above the root ball.

"Circumference" means, for existing trees, the trunk circumference is measured at four and one-half feet (4½') above grade in order to obtain D.B.H.

"Commercial arboricultural operation" means the practice of planting, raising, harvesting and replanting of trees for profit.

"Commercial use" means activities normally associated or located within and IDD zoning classification (refer to Town zoning ordinance, Chapter 155).

"Corner lot" means any lot which is bounded on two (2) or more consecutive sides by road rights-of-way which intersect at an angle of one hundred thirty-five (135) degrees or less.

"Developed lot" means any lot which had been developed with building or other improvements, or for which development approval, such as a final plat approval, a zoning permit, or a certificate of occupancy, had been issued before the effective date of this chapter, April 5, 1999.

"Diameter at breast height (D.B.H.)" means the accepted measurements of established trees in the ground is their diameter at D.B.H., measured at four and one-half feet (4½') above grade. To obtain D.B.H., measure the circumference of the tree in inches and divide by 3.14 (pi).

"Display area or lot" means any unenclosed area used for the display of merchandise.

"Dripline" means a vertical line extending from the outermost portion of the tree canopy to the ground.

"Ground cover" means any plant material which serves to prevent soil erosion by covering large areas of ground, and which does not grow beyond twelve inches (12") in height.

"Industrial district" means a remote area of Town which contains primarily businesses of a nonservice nature and is not on a route which would normally serve pedestrian traffic. An industrial district is not a zoning district. An industrial district will be designated and identified by the Zoning Administrator.

"Landscape zone" means that area not covered by buildings or pavement and containing landscaping.

"Landscaping" means plant material including but not limited to grass, ground covers, shrubs, vines, trees and organic matter such as mulch. This may also include decorative stone; however, live materials must cover no less than two-thirds ( 2/3 ) of the materials in the landscape zone.

"Mulch" means a layer of organic material placed on the soil around plants or trees to retain moisture and prevent weeds.

"Parking lot" means any area of land which is used for parking, loading, or access to parking or loading areas. The term should be construed broadly to include areas where expanses of impervious surfaces disrupt the natural environment, but does not include buildings or roads.

"Perimeter landscape zone" means area of land, improved by landscaping or fences, or both, designed to mitigate the extent of high-intensity land uses on neighboring, lower intensity uses. Measurements shall begin at the property line(s) and extend toward the interior of the parcel(s).

"Protected tree" means any broad leaved tree located with the street frontage, perimeter or required landscape zones having a D.B.H. of four inches (4") or greater. Also includes the definition of specimen tree.

"Protective tree barriers" means barricades made of wood, wire or chainlink fencing, and shall be constructed around trees to establish a tree protection zone. Tree protection or keep out signs shall be attached to the barrier.

"Road frontage" means any strip of land adjacent to a public road right-of-way.

"Screen fence or wall" means any structure which stands at least six feet (6') high at its lowest point, is between sixty-seven percent (67%) and one hundred percent (100%) opaque, and is designed and constructed as a permanent improvement for the purpose of blocking view.

"Semi-commercial" means activities normally associated or located within a RDD zoning classification (refer to Town zoning ordinance, Chapter 155).

"Shrub" means any hard-wooded perennial plant of species which normally reaches a height between twelve inches (12") and eight feet (8').

"Single-family" means activities normally associated or located within a PRD zoning classification (refer to Town zoning ordinance, Chapter 155).

"Specimen tree" means any broad leaved large canopy tree with a D.B.H. of twelve inches (12") or greater or any understory tree with a D.B.H. of six inches (6") or greater.

"Thoroughfare" means any major arterial road; one of the principal routes into and through the community.

"Tree" means any hard-wooded perennial plant, whether evergreen or deciduous, or a species which normally reaches a height of eight feet (8') or more at maturity.

Tree, canopy, large. "Large canopy tree" means any single-stem tree of a species which normally reaches a height of forty feet (40') of more and a crown spread of twenty feet (20') or more at maturity.

"Tree fund" means a fund established by the Town to receive deposits made in situations where compliance with the chapter is not possible. The amount contributed is based on an equivalent value of what normal and customary landscaping costs would have been, and is more clearly defined by an established formula described in § 156.09.02(C).

"Tree protection zone" means the area around a tree to be protected from an activity.

Tree, understory/noncanopy, small/medium. "Understory/noncanopy tree, small/medium" means any single or multi-stem tree of a species which normally reaches a height of thirty nine feet (39') and a crown spread of less than twenty feet (20') at maturity.

"Trophy tree" means a large canopy tree with a diameter breast height of twenty-four inches (24") or greater, or an understory tree of twelve inches (12") or greater.

"Use" as defined in the zoning ordinance, Chapter 155, for the Town of Lexington.

"Visibility triangle" means the triangle horizontal area formed by intersecting right-of-way lines of roadways, or the intersection of a right-of-way line of a roadway and the edge of a driveway, and a line connecting points located on those lines twenty feet (20') from the point of intersection. The vertical dimension of a visibility triangle is defined as the space above two and one-half feet (2½') feet from the surface of the pavement.

(Ord. 99-017 § 2 (Art. 2), passed 4-5-99; Ord. 2008-32, § 3, passed 5-5-08)