§ IX. Definitions.

For the purpose of these regulations, certain words used herein are defined as follows:

A.

Subdivision. The division, development, or redivision of a lot, tract, or parcel of land, regardless of how it is to be used, into two or more lots either by plat or by meets and bounds description; or the division or redivision of land involving the dedication of a new park, playground, street, or other public right-of-way or facility; or the vacation, realignment or any other change in existing streets, alleys, easements, recreational areas, water areas, or other public improvements or facilities; and when appropriate to the context, shall relate to the act or process of subdividing or to the land subdivided.

For the purpose of these regulations, the following are excepted:

1.

Any subdivision of land for agricultural purposes, provided no lot thereby produced has an area of less than ten acres and an average width of 400 feet; and where no new streets, roads, or other right-of-ways are involved.

2.

The sale or exchange of land between owners of adjoining properties, provided that additional lots are not thereby created and that the lots created are not reduced below the minimum sizes required by this regulation or the zoning ordinance. This includes the splitting of a lot into two parts, provided both parts are used to increase the size of the adjoining lots.

3.

The division or sale of land by judicial decree.

B.

Streets and alleys. The term "street" means a way for vehicular traffic, whether designated as a street, highway thoroughfare, parkway, throughway, road, avenue, boulevard, land place, or however otherwise designated.

1.

Arterial streets and highways are those which are used primarily for fast or heavy traffic.

2.

Collector streets are those which carry traffic from minor or neighborhood streets to the major system of arterial streets and highways, including the principal entrance streets of a residential development and streets for circulation within such a development.

3.

Minor streets are those which are used primarily for access to the abutting properties.

4.

Marginal access streets are minor streets which are parallel to, and adjacent to, arterial streets and highways, and which provide access to abutting properties and protection from through traffic.

5.

Alleys are minor ways which are used primarily for vehicular service access to the back or the side of properties otherwise abutting on a street.

C.

Subdivider. Any person or corporation or duly authorized agent who undertakes the subdivision of lands defined herein.

D.

Master plan. A comprehensive plan, which may consist of several maps, data, and other descriptive matter for the physical development of the county, or any portion thereof, including any amendments, extensions, or addition thereto recommended by the planning commission; indicating the general location of major roads, parks, or other public open spaces, public building sites, routes for public utilities, zoning districts, or other similar information.

E.

Lot. A portion of a subdivision intended as a unit for transfer of ownership, or for development, or both. In determining the area and dimensions of a lot no part of the right-of-way of a road or crosswalk may be included.

F.

Lot width. The width of the lot at the building line measured parallel to the street right-of-way line.

G.

Block. A piece or parcel of land entirely surrounded by public highways or streets, other than alleys. In cases where the platting is incomplete or disconnected, the subdivider may determine the outline of the block.

H.

Building line. This minimum horizontal distance between the street right-of-way line, or the street center line where appropriate, and the building or any project thereof except:

1.

Steps, terraces, and open fire escapes.

2.

Balconies, canopies, or cornices projecting not more than three feet beyond the main building wall.

3.

Offset or overlapping portions of the second floor of the building that do not extend more than three feet beyond the main wall of the building.

I.

Crosswalk. A right-of-way within a block dedicated to public use, seven feet or more in width, with concrete paved walk intended primarily for pedestrians and from which motor propelled vehicles are excluded, and which is designed to improve or provide access to adjacent roads or lots.

J.

Planning commission. Wherever the term "planning commission" or "commission" is used in these regulations, it shall be deemed to refer to the City Planning Commission of Montgomery, as prescribed in Alabama laws.

K.

Comprehensive traffic analysis. As used in these regulations the term "comprehensive traffic analysis" shall be deemed to consist of the following:

1.

The current capacity of existing public streets adjacent to the development.

2.

Current traffic counts on these streets.

3.

Developer's estimate of the amount of traffic that will be generated by the proposed development. Information required in (1) and (2) above shall be limited to the information which is available to the developer through city, county, and state agencies.

L.

Word usage. Words used in the present tense include the future tense.

Words used in the singular number include the plural, and words used in the plural number include the singular.

The word "shall" is mandatory and not merely directory.

The word "may" shall be deemed as permissive.