Unless otherwise specified, all distances shall be measured horizontally, in any direction. The following terms, unless a contrary meaning is required by the context or is specifically prescribed, shall have the following meanings:
(1) Accessory Use. "Accessory use" or "accessory building" means a subordinate use or building customarily incidental to, and located on the same zoning lot occupied by, the main use or building
(Ord. 79-56. Passed 11-13-79.)
(2) Adult Uses.
A. Adult use. "Adult use" shall include the following establishments:
1. Adult bookstores, adult motion picture theaters, adult mini-motion picture theaters, adult drive-in theaters, adult cabarets, adult massage parlors, adult health facilities, and rap parlors, all as defined later in this subsection, which have opened after the effective date of this subsection; and
2. Existing adult bookstores, adult motion picture theaters, adult mini-motion picture theaters, adult drive-in theaters, adult cabarets, adult massage parlors, adult health facilities, and rap parlors, all as defined later in this subsection.
B. Adult bookstore. "Adult bookstore" means an establishment, building, or portion of a building that excludes minors by virtue of age, and/or has, as a significant portion of its stock in trade, books, magazines, films, and/or other materials that are distinguished or characterized by their principal emphasis on matters depicting, describing, or relating to nudity, "specified sexual activities," or "specified anatomical areas," for sale, rent, or viewing on the premises, or an establishment with any segment or section devoted to the sale or display of such material.
C. Adult motion picture theater. "Adult motion picture theater" means an establishment, building, or portion of a building with a capacity of fifty or more persons that is used for presenting material if it excludes minors by virtue of age, and/or if such material is distinguished or characterized by its principal emphasis on matters depicting, describing, or relating to nudity, "specified sexual activities," or "specified anatomical areas."
D. Adult mini-motion picture theater. "Adult mini-motion picture theater" means an establishment, building, or portion of a building with a capacity of fewer than fifty persons used for presenting material if it excludes minors by virtue of age, and/or if such material is distinguished or characterized by its principal emphasis on matters depicting, describing or relating to nudity, "specified sexual activities," or "specified anatomical areas. "
E. Adult drive-in theater. "Adult drive-in-theater" means an establishment, building, or portion of a building with a screen suitable for viewing movies, still pictures, or any other images from a patron's vehicle if it excludes minors by virtue of age, and/or if such material is distinguished or characterized by its principal emphasis on matters depicting, describing, or relating to nudity, "specified sexual activities," or "specified anatomical areas."
F. Adult cabaret. "Adult cabaret" means an establishment, building, or portion of a building used for providing any live exhibition, performance, dancing, or other live entertainment, if it excludes minors by virtue of age, and/or if such live exhibition, performance, dancing, or other live entertainment is distinguished or characterized by its principal emphasis on matters depicting, describing, or relating to nudity, "specified sexual activities," or "specified anatomical areas."
G. Adult massage parlors. "Adult massage parlor" means a massage establishment or parlor that excludes minors by reason of age and/or that provides the service of massage, if such service is distinguished or characterized by its principal emphasis on matters depicting, describing, or relating to nudity, "specified sexual activities," or "specified anatomical areas."
H. Adult health facility. "Adult health facility" means a health facility that excludes minors by reason of age, and/or if such health facility is distinguished or characterized by its principal emphasis on matters depicting, describing, or relating to nudity, "specified sexual activities," or "specified anatomical areas."
I. Conversation/rap parlor. "Conversation/rap parlor" means an establishment that excludes minors by virtue of age, and/or that provides the service of engaging in or listening to conversation, talk, or discussion if such service is distinguished or characterized by its principal emphasis on matters depicting, describing, or relating to nudity, "specified sexual activities," or "specified anatomical areas."
J. Nudity. "Nudity" means the showing of human male or female genitals, pubic area, or buttocks with less than a fully opaque covering, or the showing of the female breast with less than a fully opaque covering over the top of the areola and below, or the depiction of covered or uncovered male genitals in a turgid state.
K. Specified sexual activities. "Specified sexual activities" shall include any of the following:
1. Any act of sexual intercourse, actual or simulated, including genital to genital, anal to genital, or oral to genital intercourse, whether between human beings or animals;
2. Sadomasochistic abuse, meaning flagellation or torture, actual or simulated, by or upon a person who is nude or clad in undergarments or in a revealing costume or the condition of being fettered, bound, or otherwise physically restricted on the part of one so clothed;
3. Masturbation or lewd exhibition of the genitals;
4. Physical contact or simulated physical contact with the clothed or unclothed pubic areas or buttocks of a human male or female, or the breasts of a female, whether alone or between members of the same or opposite sex or between humans and animals in an act of apparent sexual stimulation or gratification;
5. Fondling or other erotic touching of human genitals, pubic region, buttocks, female breast or any other area defined as "specified anatomical areas."
L. Specified anatomical areas. "Specified anatomical areas" shall include less than completely and opaquely covered: (i) human genitals; (ii) pubic region or pubic hair; (iii) buttocks; (iv) female breast below a point immediately above the top of the areola; and (v) human male genitals in a discernibly turgid state, even if completely and opaquely covered.
(Ord. 99-9. Passed 6-22-99.)
(3) Agriculture. "Agriculture" means the use of land, buildings or structures for nurseries, greenhouses, farming, dairying, pasturage, apiculture, horticulture, floriculture, viticulture and animal and poultry husbandry.
(4) Alley."Alley" means a public or private way, twenty feet or less in width, which is used primarily for vehicular access to the back or side of properties which otherwise abut on streets.
(Ord. 79-56. Passed 11-13-79.)
(4.5) Amusement Center. "Amusement center" means an establishment having more than forty percent of its use area devoted to electric, electronic and/or mechanical games and/or deriving more than forty percent of its gross income from the operation of such electric, electronic and/or mechanical games. Calculations to be made in such determination shall measure equipment space, seating, circulation areas and staff areas. Service facilities are judged on their principal use and may not be designated as having a multiple use.
(Ord. 82-1. Passed 1 -12-82.)
(4.9) Automobile Convenience Service Facility. "Automobile convenience service facility" means a building, not exceeding 1,500 square feet in gross floor area, or two drive-in service bays, providing services completed in one hour or less from the time of vehicle arrival on the premises, including checking or changing fluid levels, wiper blades, light bulbs and similar small automotive components. This definition does not include body repair, upholstery work, car washes, transmission repair, muffler repair or replacement, tune-ups, alignments or fuel sales.
(Ord. 89-22. Passed 5-23-89.)
(5) Automobile Service Station. "Automobile service station" means a place where gasoline, kerosene or any other motor fuel and lubricating oil or grease for operating motor vehicles is offered for sale to the public and deliveries are made directly into motor vehicles, including greasing and oiling on the premises, tire changing and replacement or installation of minor parts and accessories, but not including major repair work such as motor replacement, body and fender repair, spray painting, upholstery work, auto glasswork, welding, tire recapping, auto dismantling or major mechanical repair.
(6) Basement. "Basement" means a story whose floor is more than twelve inches, but not more than half of its story height, below the average level of the adjoining ground, as distinguished from a "cellar" which is a story more than one-half below such level. A basement, when used as a dwelling, shall be counted as a story for purposes of height and measurement, and as a half-story for purposes of side-yard determination.
(Ord. 79-56. Passed 11-13-79.)
(6.5) Beer/Wine Drive-Through Establishment. "Beer/wine drive-through establishment" means a building wherein is stored beer, wine, beverages, party snacks and sundry items for selection and purchase by patrons who drive into the building and who are served without exiting the vehicle, such items being purchased for consumption and use off the premises.
(Ord. 89-1. Passed 1-10-89.)
(7) Board of Zoning Appeals. "Board of Zoning Appeals" means the Board of Zoning Appeals of the City or, until such Board is appointed by Council, the Planning Commission of the City.
(8) Building. "Building" means any structure having a roof supported by columns or walls for the housing or enclosure of persons, animals or chattels. When any portion thereof is completely separated from every other portion thereof by a division wall without openings, then each such portion shall be deemed to be a separate building. At no time shall this definition be construed to include mobile homes.
(9) Building Height. "Building height" means the vertical distance measured from the adjoining street centerline grade at a point opposite the center of the principal frontage of the building to the highest point of the ceiling of the top story in the case of a flat roof, to the deck line of a mansard roof, and to the mean height level between the eaves and ridges of a gable, hip or gambrel roof. Where buildings are set back from the street line, the height of the building may be measured from the average elevation of the finished lot grade at the front of the building.
(10) Building Line. "Building line" means the line nearest the front and across a lot establishing the minimum open space to be provided between the front line of the building foundation and the front lot line. "Building line" also means the front line of the foundation of enclosed porches or vestibules if it is nearer the front line than the main foundations.
(Ord. 79-56. Passed 11-13-79.)
(10.5) Building. Principal. "Principal building" means a building on a zoning lot in which is conducted the main or principal use of the lot where the building is situated. "Principal building" includes attached areas, such as garages, carports and storage areas. Principal buildings can be distinguished from accessory buildings by use and by the fact that they are larger than accessory buildings.
(Ord. 88-8. Passed 5-10-88.)
(11) Business. "Business" means an occupation, enterprise, undertaking or employment which engages in the purchase, sale, barter or exchange of goods, wares, merchandise or services or where there is the maintenance or operation of an office or offices for the exhibition, sale or offering of merchandise or services.
(12) Cellar. "Cellar" means a story which is more than one-half of its story height below the average contact ground level at the exterior walls of the building. A cellar shall be counted as a story for the purpose of height regulations only if used for dwelling purposes.
(12.5) Church. "Church" means a building or structure used for communal gathering for purposes of worship, meditation, spiritual pursuits or the exchange of ideas. Incidental uses include classrooms and facilities for the caring of minor children whose guardians are occupied elsewhere on the premises. Any adjunct use of church premises for residential, educational, entertainment, personal care or business purposes, whether for remuneration or not, shall be subject to such Zoning Code provisions as would apply to each such adjunct use were it proposed to exist independently within the zoning district in which the church is located.
(Ord. 03-3. Passed 4-8-03.)
(13) City. "City" means the City of Englewood.
(14) City Council. "City Council" or "Council" means the City Council of Englewood.
(15) Clerk or Clerk of Council. "Clerk" and "Clerk of Council" mean the Clerk of Council of the City.
(Ord. 79-56. Passed 11-13-79.)
(15.5) Commercial Vehicle. Major. "Major commercial vehicles" includes any vehicle with more than six wheels; any vehicle with more than four wheels and a cargo area for the transport of paying passengers; any vehicle weighing more than 8,000 pounds or longer than 22 feet; any vehicle or trailer having a total height, inclusive of racks, signs or attached equipment, exceeding eight feet; any vehicle having attached signage projecting more than one inch past any external surface to which it is attached; any vehicle with a dump bed; or any trailer not meeting the definition of "minor commercial vehicle".
(15.7) Commercial Vehicle. Minor. "Minor commercial vehicles" have been used, or have the potential to be used in the conduct of business, and include pick-up trucks rated at three-quarter ton capacity or less and with either an open, non-dump bed or a cover no higher than two feet above the driver's cab. Minor commercial vehicles also shall include any of the following which are not greater than ten feet in length nor six feet in height, whether self-propelled or not, which are or could be used in the conduct of business: (i) tractors and mowers, (ii) trailers (open or enclosed) having one axle and weighing less than 1,000 pounds, and (iii) similar wheeled equipment.
(Ord. 84-7. Passed 4-10-84; Ord. 03-3. Passed 4-8-03.)
(16) Comprehensive Plan. "Comprehensive Plan" and "Englewood Comprehensive Land Use Plan" mean a plan, or any portion thereof, adopted by the Planning Commission and Council showing the general location and extent of present and proposed land uses and transportation facilities, including housing, industrial and commercial uses, highways and roads, parks, schools and other community facilities. This Plan establishes the goals, objectives and policies of the City.
(17) Conditional Use. "Conditional use" means a use permitted within a district other than a principal permitted use, requiring a conditional use permit and approval of the Board of Zoning Appeals that all the prior conditions for approval have been met.
(18) Condominium. "Condominium" means the same as "multifamily dwelling" where each family owns its own dwelling unit but where the common areas of the building and site are owned and maintained jointly by the occupants.
(Ord. 79-56. Passed 11-13-79.)
(18.5) Convenience Food Store. "Convenience food store" means a retail business establishment having between 800 and 5,000 square feet of floor area, which establishment is designed and oriented to serve short-term shoppers who must exit their vehicles and enter the establishment to purchase food, beverages and other sundry items for consumption and use off the premises. Such establishments do not have more than twenty percent of their gross area for retailing devoted to on-premises food service or consumption.
(Ord. 89-1. Passed 1-10-89.)
(18.6) Day Nursery. "Day nursery" includes the term "family day care home," as defined in the Ohio Basic Building Code. A day nursery is accommodated within a dwelling unit and provides day care for seven or more children at one time, including those up to six years of age related to residents or employees, or four or more children at one time, including those up to six years of age related to residents or employees, if four or more of the children are under two years of age.
(Ord. 86-23. Passed 12-9-86.)
(18.7) Developmental Disability. (EDITOR'S NOTE: Subsection 18.7 was repealed by Ordinance 92-5, passed January 14, 1992.)
(19) District. "District" means the same as "zoning district".
(20) Drainageway. "Drainageway" means a watercourse, gully, dry stream, creek or ditch which carries storm water runoff, which is subject to flooding or ponding, which is fed by street or building gutters or by storm water sewers or which serves the purpose of draining water from the lands adjacent to such watercourse, gully, dry stream, creek or ditch.
(21) Dwelling. "Dwelling" means a structure or building, or portion thereof, used exclusively for residential occupancy, including one-family and multifamily dwellings, but not including hotels, lodging or boarding houses or tourist homes.
A. Dwelling. single-family. "Single-family dwelling" means a building designed for or used for residence purposes by one family or housekeeping unit.
B. Dwelling, two-family. "Two-family dwelling" means a building designed for or used by two families or housekeeping units.
C. Dwelling, multifamily. "Multifamily dwelling" means a building or portion thereof designed for or used by three or more families or housekeeping units living independent of one another, with the number of families in residence not exceeding the number of dwelling units provided.
D. Dwelling, detached. "Detached dwelling" means a building having no party wall in common with another building.
E. Dwelling, semidetached. "Semidetached dwelling" means a building having one party wall common with an adjacent building.
F. Dwelling, row. "Row dwelling" means a dwelling having a party wall on each side in common with an adjoining dwelling, unless it is situated as the outer most dwelling. In the latter case, it will have a party wall on one side only. A row dwelling shall be considered to be a multifamily dwelling.
(22) Dwelling Unit. "Dwelling unit" means a one-family dwelling or a portion of a two-family, multifamily or row dwelling used by one family for cooking, living and sleeping purposes.
(23) Environmental Quality District. "Environmental Quality District" means a district defined as a geographic area of the City exhibiting special and distinctive environmental characteristics which are of significant value to the public, which characteristics include natural phenomena such as geological strata, soil formations, slopes, vegetation, water flow, significant scenic views or other similar natural features or man-made qualities such as historic properties or substantial public investment, including, but not limited to, structures, parks, plazas, landscaping, streets or other public improvements as well as public investment in plans which coordinate public and private investment. An EQ District shall be classified according to an EQ category type, as described in this Zoning Code, and the provisions, requirements and standards therein shall be applicable to each district of that category established.
(24) Essential Service. "Essential service" means the location, erection, construction, reconstruction, change, alteration, maintenance, removal, use or enlargement, by public utilities or County or other governmental agencies, of underground or overhead gas, electrical, steam or water generation, transmission or distribution systems, including buildings, structures, towers, poles, wires, mains, drains, sewers, pipes, conduits, cables, fire alarm boxes, police call boxes, traffic signals, hydrants and other similar equipment or accessories and the use of land in connection therewith, for the furnishing of adequate service by such public utilities or County or other governmental agencies or for the public health, safety and morals.
(25) Establishment. "Establishment" means a building or structure used for commercial or industrial purposes, including stores, shops, plants, factories, warehouses, wholesale houses and the like.
(26) Family. "Family" means one person, two or more related persons, or up to four unrelated persons, occupying a dwelling unit.
(27) Farm. "Farm" means acreage which is devoted to agricultural activities (see "Agriculture"), which usually contains a farmhouse dwelling and where the farmer earns at least eighty percent of his or her total annual income from these agricultural activities.
(28) Farmhouse. "Farmhouse" means a dwelling located on land devoted to agriculture and occupied by a family which derives more than eighty percent of its income from farming.
(29) Fence. "Fence" means an enclosure or barrier whose purpose is to physically and/or visually contain certain uses and activities which are carried out on a particular zoning lot.
(30) Flood Plain. "Flood plain" means the areas adjoining any river, creek or stream whose surface elevation is lower than the high-water elevation of the regional flood.
(31) Flood, Regional."Regional flood" means large floods which have previously occurred or which may be expected to occur on a particular stream because of like physical characteristics. The regional flood generally has an average frequency of the 100-year recurrence interval flood.
(32) Floor Area. "Floor area" means the total horizontal area of all floors finished as usable area. Measurements of floor area shall be taken to the outside of the exterior walls.
(33) Garage, Private."Private garage" means a detached accessory building or a portion of the principal building used only for the storage of vehicles and incidental personal property.
(34) Garden Apartment. "Garden apartment" means a multistory, walk-up apartment building usually grouped around a common open space with off-street parking provided on the periphery of the site.
(35) Gross Density. "Gross density" means the population density of a particular area measured by the number of residents divided by the total number of areas, including street rights of way as well as residential land.
(Ord. 79-56. Passed 11-13-79.)
(36) Group Home, Adult. "Adult group home" means any residential facility designed to allow not more than eight persons, all such persons being eighteen years of age or older, needing specialized care, counseling, ongoing medical treatment or supervision, to live in the same building or complex of buildings and engage in some congregate activity in a non-institutional environment.
(37) Group Home, Juvenile. "Juvenile group home" means any residential facility designed to allow not more than eight persons, all such persons being less than eighteen years of age, needing specialized care, counseling, ongoing medical treatment or supervision, to live in the same building or complex of buildings and engage in some congregate activity in a non-institutional environment.
(Ord. 92-5. Passed 1-14-92.)
(38) Health Center. "Health center" means a facility staffed with professional personnel which functions to provide temporary health services to out-patients.
(39) Health Department. "Health Department" means the Ohio Department of Health.
(40) Health Spa; Health Club. "Health spa" and "health club" mean a facility which provides instruction in exercise and therapy to benefit physical fitness.
(41) Hedge. "Hedge" means a dense growth of shrubbery, usually planted to function as a fence or boundary.
(42) Home Occupation. "Home occupation" means an occupation conducted in a dwelling unit by a resident, provided that the use of the dwelling unit for the home occupation is clearly incidental and subordinate to its use for residential purposes y its occupants. Additional characteristics of a home occupation are specified in Section 1266.03(a).
(43) Hospital. Hospital" means an institution having professional medical personnel and facilities established to provide continuous medical rehabilitative services for the sick and injured.
(Ord. 79-56. Passed 11-13-79.)
(Ord. 84-7. Passed 4-10-84.)
(44.3) Kindergarten. "Kindergarten" has the same meaning as "day nursery" as set forth in paragraph (18.6) hereof, except that the care is not provided in a dwelling unit.
(Ord. 86-23. Passed 12-9-86.)
(44.5) Living Area. "Living area" means the net area of rooms and habitable areas, calculated by inside dimensions, exclusive of garage, attic, furnace rooms or unfinished basement areas not meeting building and health code requirements for habitable space.
(Ord. 98-7. Passed 3-24-98.)
(45) Loading Space. "Loading space" means a space within the same zoning lot providing space for the standing, loading or unloading of trucks.
(Ord. 79-56. Passed 11-13-79.)
(46) Lot. "Lot" means a parcel of land defined by metes and bounds or boundary lines in a recorded deed or on a recorded plat, either fronting on a legally dedicated public thoroughfare or existing as part of a planned or condominium project approved by the Administrative Board for Planning and Zoning Appeals. In determining lot area, no part thereof within the limits of the proposed thoroughfare right of way shall be included.
A. Lot, corner. "Corner lot" means a lot at the juncture of and fronting on two or more intersecting streets.
B. Lot depth. "Lot depth" means the mean horizontal distance between the front and the rear lot lines.
C. Lot, interior. "Interior lot" means a lot other than a corner lot, with only one frontage on a street.
D. Lot lines. "Lot lines" means the property lines bounding the lot.
E. Lot line. front. "Front lot line" means the line separating the lot from a street.
F. Lot line, rear. "Rear lot line" means the lot line opposite and most distant from the front lot line.
G. Lot line, side. "Side lot line" means any lot line other than the front or rear lot line.
H. Lot width. "Lot width" means the width of the lot measured at the building set-back line.
(Ord. 87-17. Passed 6-9-87.)
(47) Lounge. "Lounge" means an establishment principally operated for the sale of alcoholic beverages to be served on the premises, and includes bars, taverns, beer parlors, night clubs and similar places.
(Ord. 79-56. Passed 11-13-79.)
(47.5) Manufactured Home. See "Mobile Home. "
(Ord. 87-17. Passed 6-9-87.)
(48) Medical Clinic and Health Center. "Medical clinic" and "health center" mean a facility associated with a hospital or the medical field dedicated to the provision of special medical services primarily for out-patients.
(Ord. 79-56. Passed 11-13-79.)
(49) Mobile Home. "Mobile home" means a structure built on a permanent chassis, transportable in one or more sections, which, in the traveling mode, is eight body-feet or more in width or thirty body-feet or more in length, and which is designed to be used as a dwelling, with or without a permanent foundation, when connected to required utilities. "Mobile home" includes "manufactured home."
(Ord. 87-17. Passed 6-9-87.)
(50) Mobile Home Park. "Mobile home park" means an area of land divided into two or more lots with foundations platted and laid out to provide sites for trailers permanently affixed to the land for a period of time exceeding sixty days. The subdivision area shall include any building or structure, fixture or equipment that is used or intended to be used in connection with providing such accommodation, including provision for sewer, water, electric and any other similar facilities required to permit occupancy of the mobile homes parked thereon.
(51) Modular Housing. "Modular housing" means an assembly of materials or products comprising all or part of a total residential structure which, when constructed, is self-sufficient or substantially self-sufficient and, when installed, constitutes a dwelling unit, except for necessary preparations for its placement.
(52) Nonconformity. "Nonconformity" means a legally existing use, structure or land which fails to comply with the standards set forth in this Zoning Code applicable to the district in which it is located.
(53) Official Thoroughfare Plan. "Official Thoroughfare Plan" means the Official Thoroughfare Plan of, and as adopted by, Council, establishing the location and official right-of-way widths of principal highways and streets in the City, as provided in Chapter 1228.
(54) Parking Area. "Parking area" includes:
A. Private Parking area. "Private parking area" means an open area for the same use as a private garage.
B. Public Parking area. "Public parking area" means an open area other than a street or other public way, used for the parking of automobiles and available to the public, whether for a fee, free or as an accommodation for clients or customers.
(55) Parking Space. "Parking space" means an off-street space available for the parking of one motor vehicle and having an area of not less than 200 square feet, exclusive of passageways and driveways appurtenant thereto and giving access thereto and having direct access to a street or alley.
(Ord. 79-56. Passed 11-13-79.)
(55.5) Patio. "Patio" means a structure, without a roof, attached or immediately adjacent to a principal or accessory building, provided that such patio area is not over three feet in height (exclusive of railing or banister). "Patio" includes paved areas and decks.
(Ord. 86-16. Passed 10-28-86.)
(55.7) Paved Area. "Paved area" means either an area made hard-surfaced by way of a compacted stone base surfaced with a thickness of asphalt or concrete appropriate to the load anticipated thereon, or some other surface composed of a comparable, all-weather, dustless material approved by the City.
(Ord. 87-30. Passed 10-27-87; Ord. 03-3. Passed 4-8-03.)
(56) Person. "Person" means a corporation, firm, partnership, association, organization or any other group acting as a unit, as well as a natural person.
(57) Personal Service,."Personal service" means any enterprise conducted for gain which primarily offers services to the general public, such as shoe repair, watch repair, barber shops, beauty parlors and similar activities.
(Ord. 79-56. Passed 11-13-79.)
(57.5) Personal Wireless Service Facility. "Personal wireless service facility" means a mount which elevates a wireless communication antenna, along with such antenna, which mount might be either free-standing or associated with a principal structure on a zoning lot, and which mount and antenna in combination might also be associated with accessory transmission and receiving equipment located on the same zoning lot.
(Ord. 97-5. Passed 3-11-97.)
(58) Planned Unit Development. "Planned unit development" means an area of land in which a variety of housing types are accommodated in a preplanned environment under more flexible standards, such as lot sizes and setbacks, than those restrictions that would normally apply under this Zoning Code. The procedure for approval of such development contains a two-step procedure, in addition to requirements of the standard subdivision, review and approval of the concept plan and then of detailed site development plans.
(59) Planning Commission. "Planning Commission" means the Planning Commission of the City or the Administrative Board for Planning and Zoning Appeals of the City.
(Ord. 79-56. Passed 11-13-79.)
(60) Porch. "Porch" means a space immediately adjacent to a building, open on at least three sides except for screening or railings and covered by a roof.
(Ord. 86-16. Passed 10-28-86.)
(61) Private Club. "Private club" means an association organized and operated not for profit for persons who are bona fide members paying annual dues, which organization owns, hires or leases the premises, the use of which premises is restricted to such members and their guests. The affairs and management of such association are conducted by a board of directors, an executive committee or a similar body chosen by the members at their annual meeting. Food, meals and beverages may be served on such premises, provided adequate dining room space and kitchen facilities are available. Alcoholic beverages may be sold or served to members and their guests, provided such service is secondary and incidental to the promotion of some other common objective of the organization, and further provided that such sale or service of alcoholic beverages is in compliance with all applicable Federal, State, County and local laws.
(62) Professional Activity. "Professional activity" means the use of offices and related spaces for such professional services as are provided by medical practitioners, lawyers, architects, engineers, accountants, insurance agents and real estate agents, where the business activity is conducted at the office and not separated from the principal business function or the office is not secondary to the principal business use.
(Ord. 79-56. Passed 11-13-79.)
(63) Recreational Vehicle. Major. "Major recreational vehicle" means and includes vehicles and equipment more than six feet in overall height and/or having more than one axle and/or having more than four wheels and/or being greater in length than 15 feet, said vehicles and equipment being towed, self-propelled, or attached to another vehicle, and designed or used for temporary dwelling, recreational or sporting purposes. Such term shall include, but shall not be limited to, boats and other flotation equipment, with or without trailers; class A, B, or C motor homes; folding trailers and "pop-ups", tent campers, fifth-wheel and travel trailers, bus conversions, and truck campers.
(Ord. 91-15. Passed 10-8-91; Ord. 03-3. Passed 4-8-03.)
(63.5) Recreational Vehicle. Minor."Minor recreational vehicle" means and includes vehicles and equipment designed or used for temporary dwelling, recreational or sporting purposes but not meeting criteria described by the definition of "major recreational vehicle".
(64) Resource Extraction."Resource extraction" means any mining, quarrying, excavating, processing, storing, separating, cleaning or marketing of any mineral natural resource.
(65) Restaurants. "Restaurant" includes:
A. Restaurant, sit-down. "Sit-down restaurant" means an establishment principally operated for the sale of food and nonalcoholic beverages to be served on the premises where alcoholic beverages are determined to be a supplement of less than forty percent of the use of the area and equipment on the premises. Calculations to be made in such determination shall measure service equipment, seating, service area and staff. Service facilities are judged on their principal use and may not be designated as having a multiple use.
(Ord. 79-56. Passed 11-13-79.)
B. Restaurant, carry-out. "Carry-out restaurant" means a retail business operation to which at least three out of the four following conditions apply:
1. The use is contained in a building having 5,000 or less square feet of gross floor area.
2. The operation is self-service with no waitresses or waiters.
3. Products are serviced in disposable containers for consumption on or off the premises.
4. The majority of menu items are pre-prepared for immediate service.
(Ord. 80-45. Passed 9-23-80.)
C. Restaurant. drive-in. "Drive-in restaurant" means an establishment offering food and nonalcoholic beverages served directly to persons while in motor vehicles or dispensed at the counter for consumption on or off the premises.
(66) Set-back Line. "Set-back line" means the closest point at which a building may be constructed in relation to the lot line.
(67) Sewer. Central or Group. "Central or group sewer" means an approved sewage disposal system and central sewage treatment facility for a single development, community or region.
(68) Sewer. On-Site. "On-site sewer" means a septic tank or similar installation on an individual lot which utilizes an aerobic bacteriological process or equally satisfactory process for the elimination of sewage and provides for the proper and safe disposal of effluent, subject to the approval of the County Combined Health District.
(69) Story. "Story" means that portion of a building included between the upper surface of any floor and the upper surface of the floor next above, and any portion of a building used for human occupancy between the highest floor and the roof. A basement shall not be counted as a story, unless more than one-half of the basement height is above grade level at the front of the building.
(70) Structure."Structure" means anything constructed, erected or placed which requires location on the ground or attachment to something having a location on the ground. Devices used for the support of wires and appurtenances supplying public utility services shall not be considered as structures under this Zoning Code.
(71) Structural Alteration. "Structural alteration" means any change in the supporting members of a building, such as walls, floors, columns, beams or girders.
(Ord. 79-56. Passed 11-13-79.)
(71.5) Teen Center. "Teen center" means an establishment operated for persons under the age of twenty-one, providing either live entertainment orchestrated by an emcee or disc jockey, in which the sale of alcoholic beverages is prohibited, and in which areas may be set aside for dancing.
(Ord. 91-3. Passed 2-12-91.)
(72) Temporary Business. "Temporary business" means a business which sells seasonal, import or specialty items from an open, tent-covered or mobile unit which is not permanently affixed to a zoning lot.
(73) Temporary Structure. "Temporary structure" means a structure of a temporary nature erected for a period not to exceed twelve months for such uses as construction offices or storage buildings at a construction site.
(Ord. 79-56. Passed 11-13-79.)
(73.5) Trailer.See "commercial vehicle".
(Ord. 84-7. Passed 4-10-84; Ord. 03-3. Passed 4-8-03.)
(74) Use."Use" means the employment or occupation of a building, structure or land for a person's service, benefit or enjoyment.
(75) Use-by-right. "Use-by-right" means a principal permitted use in a particular zoning district which is permitted in that district as a legal right under the provisions of this Zoning Code.
(76) Variance. "Variance" means a variation from a strict interpretation of the provisions of this Zoning Code, owing to peculiar conditions or circumstances which apply only to the property in question and no other. As used in this Zoning Code, a variance is authorized only for height, area, yard or set-back requirements.
(77) Wall. "Wall" means a boundary enclosure or separating barrier which is usually opaque.
(Ord. 79-56. Passed 11-13-79.)
(77.5) Warehouse. "Warehouse" means a building, or group of buildings, serving the storage needs of predominantly one company per zoning lot. This use can be distinguished from personal storage facilities which serve the dead storage needs of private individuals through the provision of compartmentalized and controlled-access stalls or lockers. Miniwarehouses and truck terminals are also different inasmuch as multiple customers are thereby served by a single facility, or cluster of facilities, on a given zoning lot.
(Ord. 92-27. Passed 7-14-92.)
(78) Wholesale Establishment. "Wholesale establishment" means an establishment that engages in the sale of goods, merchandise and commodities for resale by the purchaser.
(79) Yard. "Yard" means a space on the same lot with a main building, open, unoccupied and unobstructed by buildings or structures from the ground to the sky, except as otherwise provided in this Zoning Code.
A. Yard, front. "Front yard" means a yard extending across the full width of the lot, the depth of which shall be the least distance between the front lot line and the front of the main building.
B. Yard. rear. "Rear yard" means a yard extending the full width of the lot between the rearmost main building and the rear lot line, the depth of which shall be the least distance between the rear lot line and the rear of such main building. Where a lot abuts upon an alley, one-half of the alley width may be considered as part of the required rear yard.
C. Yard. side. "Side yard" means a yard between the main building and the side lot line, extending from the front yard, or front lot line where no front yard is required, to the rear yard. The width of the required side yard shall be measured horizontally and perpendicularly from the nearest point of the side lot line toward the nearest part of the main building.
(80) Zoning Certificate. "Zoning certificate" means the document issued by the Code Enforcement Officer authorizing buildings, structures or uses consistent with the provisions of this Zoning Code and for the purpose of carrying out and enforcing such provisions.
(81) Zoning Code. "Zoning Code" means Ordinance 79-56, passed November 13, 1979, as amended, codified herein as Title Six of Part Twelve - the Planning and Zoning Code.
(82) Zoning District. "Zoning district" means a portion of the incorporated area of the City for which certain uniform regulations, governing the use, height, area and intensity of use by buildings and land and open spaces shall abut buildings, are herein established.
(83) Zoning Enforcement Officer. "Zoning Enforcement Officer" or "Code Enforcement Officer" means that person designated by the City Manager in accordance with the City Charter and the Administration Code to administer and enforce this Zoning Code.
(84) Zoning Lot. "Zoning lot" means a single tract of land which, at the time of the filing for a zoning certificate, is designated by its owner or developer as a tract to be used, developed or built upon as a unit under single ownership or control. Therefore, a "zoning lot" may or may not coincide with a lot of record. The zoning lot shall have adequate frontage on an improved dedicated roadway of adequate width.
(85) Zoning Permit. "Zoning permit" means a permit issued by the Code Enforcement Officer stating that the proposed erection, construction, enlargement or moving of a building or structure complies with the provisions of this Zoning Code.
(Ord. 79-56. Passed 11-13-79.)