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P'lanning~i Definitions
<br /> (Phnniiig Advisory 5ei'vLce Report No. 72) summarized what ordinance
<br />.. drafters should consM~r about deflmt,ons. The recommendations from
<br />· that. 1955 report include the following:
<br />?.. The term being defined (a) must be exactly equivalent to the definition;
<br />:" (b) should not appeal/in the definition; (c) cannot be defined by a
<br /> synonym; and (d) sh6~uld nor be defined by other indefinite or
<br /> ambiguous terms. ~
<br />~ Definitions phrased inJ positive terms are preferable to definitions in
<br /> negative terms.
<br />* Definitions shoutd not include the standards, measurements, or other
<br /> control regulations. ~
<br />~ Anything not included in a definition is automatically excluded.
<br />o A defined term can haJve none other than the defined meaning
<br /> ennr~ordmance.
<br /> throughout the ' ~ '
<br />.~ Ifa group ofobjcct~ is[being divided into two or more groups by
<br /> definitions, be sur~* tl~r all members of the group are included tn one
<br /> or the ocher of the groups.
<br /> :, Use particular cate in ~e grammatical conscruction of definitions.
<br /> -, Do not define terms th."ar are not used in the ordinance.
<br />~ Check definitions in r41aced local ordinances and make sure they do nor
<br /> conflict.
<br />-. Use county, state, or federal definitions where appropriate.
<br />
<br />~ Use standard definitions from national organizations or agencies when
<br /> available. :
<br />, Words can be further 4e fined in context with other examples or in
<br /> terms of the legislativ~ intent of the zone where located.
<br />, Legal and tcdmical re{few is needed to ensure the legality of terms and
<br /> their techinal ' :5~3
<br />
<br /> However, by ~e san')e token, common words and
<br />phrases often take on a Ipecific meaning in a technical field
<br />that may differ substantially fi.om the generally accepted or
<br />public definition. ~xar~ples include affordable housing,
<br />cellar, basement, or korhe occupation. The courts also may
<br />restrict or expand corra tonly accepted definitions, such as
<br />"fa. mil?C' The cradiriom . definition of family was person~
<br />related by blood md/or marriage and (usually) one or two
<br />unretared individuals'. SLtbsequent court decisions have
<br />altered the meaning of ~nily in land-use applications by
<br />defining it to include a~, unlimited number of nonrelated
<br />individuals living a~ a siiagie housekeeping unit.
<br />
<br />Illustrutions
<br />Illustrations can be an important aid in interpreting
<br />definitions. For examp!e, minimum front, rear, and side
<br />yard setbacks are easy' tt~ determine when applied co the
<br />standard rectangular 1o~. Bur how are they applied to
<br />corner and odd-shaped! lots? The easiest and clearest way
<br />is through the use of afl illustration. [n the Cranbm7
<br />Township, lVew /ersey, ~and Development Ordinance
<br />(Figure 2), the front, siite, and rear yards of nine
<br />irregularly shaped lots ire illustrated. Consider the
<br />difficuiv/in trying to p~t into words how minimum
<br />setbacks ~tre applied in,these· cases.
<br /> Despite their obvioos value, illustrated definitions are
<br />rarely t'bund in zoningiand development ordinances,
<br />with some notable exceptions discussed in this article.
<br />An occasional ordinance will show, for exampie, an
<br />angie-of-light or sky e~post, re plane diagram to establish
<br />cbt mmmmm dimension for interior courts or another
<br />similarly technical terms. Still, ordinances ~pically prefer
<br />
<br />the proverbial thousand words over a single picture. The
<br />omission of illustrations--even if only used to highlight a
<br />definition or standard--is not in keeping with the counrr/s first
<br />zoning ordinance, the 1916 New York City Zoning Ordinance,
<br />where a series of three graphic overlays was used for height, use,
<br />and bulk. Even today, the heart ora zoning ordinance is the
<br />district or zone map. Subdivision and site plan regulations are
<br />primarily concerned with design or graphic representations of
<br />what eventually will be three-dimensional products. Illustrations
<br />can greatly simplify how standards should be applied,
<br />particularly where the lot or parcel is irregularly shaped or where
<br />there are a number of variables preset, each of which may have
<br />an impact on how the ordinance might apply in a specific
<br />situation.
<br /> Two development ordinance examples that use illustrations
<br />successfully, integrating text and pictures, are the SmartCode
<br />unified development ordinance (Figure I), by Duany Plater-.
<br />Zyberk & Company (DPZ) and the Coffee Creek Center Design
<br />Cqde Book (Figure 3) developed by the Lake Erie Land
<br />Company of Chesterton, indiana. The SmartCode effectively
<br />uses illustrations to provide a template for the built
<br />environment (including preserved and environmentally sensitive
<br />areas) in a variety of growth patterns from rural to urban and to
<br />individual structures and their settings. The diagrams include
<br />standards for private and public frontage, building height, land
<br />assembly, civic space, building disposition, srreerscapes and
<br />frontages, curb and turning radii, frontage and lot lines, site
<br />layers, and building height elements. The Coffee Creek Center
<br />Design Code Book combines sketches, detailed drawings, and
<br />photographs along with the written text to illustrate specific sire
<br />design details, including overall land planning, home Lypes,
<br />siring, architectural dermis, building lines, parking, signs,
<br />landscaping, lighting, and infrastructure such as roads, drainage,
<br />and environment.
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<br />FIGURE 1
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