For the purpose of this chapter the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ACCESSORY OR AUXILIARY USE OR STRUCTURE. A use or structure subordinate to the principal use of a building on the same lot, and serving a purpose customarily incidental to other use of the principal building.
ADMINISTRATIVE AGENCY. The administrative agency of the city.
ADULT ENTERTAINMENT FACILITY. A facility having a significant portion of its function as adult entertainment which includes the following listed categories:
ADULT BOOK STORE. An establishment having as a substantial or significant portion of its stock in trade, books, magazines, and other periodicals which are distinguished or characterized by their emphasis on matter depicting, describing or relating to “specific sexual activities” or “specific anatomical areas” or an establishment with a segment or section devoted to the sale or display of such materials.
ADULT CABARET. A nightclub, bar, restaurant, or similar commercial establishment which regularly features:
(1) Person or persons who appear in a state of nudity; or
(2) Live performances which are characterized by the exposure of “specific anatomical areas” or by “specific sexual activities” including topless or bottomless dancers, exotic dancers or strippers; or
(3) Films, motion pictures, video cassettes or tapes, slides, or other photographic reproductions which are characterized by the depiction or description of “specific sexual activities” or “specific anatomical areas”.
ADULT MOTION PICTURE THEATER. A commercial establishment where, for any form of consideration, films, motion pictures, video cassettes or tapes, slides, or similar photographic reproductions are regularly featured as its primary business, which are characterized by the depiction or description of “specific sexual activities” or “specific anatomical areas.”
ADULT THEATER. A theater, concert hall, auditorium, or similar commercial establishment which regularly features persons who appear in a state of nudity, or live performances which are characterized by the depiction or description of “specific sexual activities” or the exposure of “specific anatomical areas”.
AGRICULTURE. The use of land for agricultural purposes with or without financial or other compensation, including farming, dairying, pasturage; horticulture, floriculture, viticulture, and animal and poultry husbandry. For the purposes of this chapter the term AGRICULTURE shall not include the kenneling of dogs, cats, or other animals customarily used or maintained as pets; or customary gardening.
AUTOMOBILE REPAIR, MAJOR. General repair, rebuilding, or reconditioning of engines, motor vehicles, or trailers; collision services including body, frame, or fender straightening or repair; overall painting or paint shop; vehicle steam cleaning.
AUTOMOBILE REPAIR, MINOR. Incidental body or fender work or other minor repairs, painting and upholstering, replacement of parts, and motor service to passenger cars and trucks not exceeding 1-1/2 tons capacity, but not including any operation named under automobile repair, major.
AUTOMOBILE WASH or AUTOMATIC CAR WASH. A building or structure where chain conveyers, blowers, steam cleaners, and other mechanical devices are employed for the purpose of washing motor vehicles.
BANQUET ROOM. A facility, usually a large room, available on a rental basis, for dinners, parties, receptions, and the like. A banquet room may have kitchen facilities for the preparation/storage of food or drink.
BAR OR LOUNGE. A business establishment having as its principal or predominant use the serving of beer, wine or liquor for consumption on the premises. Sandwiches, light meals, snacks and/or full service meals may be available for consumption on the premises but are not the principal or predominant use of the establishment. Any establishment that sells alcoholic beverages for consumption on the premises shall be considered a bar or lounge, unless excepted as provided in § 150.154.
BASEMENT. A story whose floor line is at least five feet below the average elevation of the finished grade adjacent to the exterior walls of the building. A BASEMENT is not considered a story in terms of height regulations in this chapter.
BEGINNING OF CONSTRUCTION. The incorporation of labor and materials in the excavation of footers or other structural foundations for a building, structure, or open surface such as a parking lot.
BOARD. The Board of Zoning Appeals of the City of Forest Park.
BUILDING. Any structure having a roof supported by columns or walls used or intended to be used for the shelter or enclosure of persons, animals, or property.
BUILDING, HEIGHT OF. The vertical distance from the average contact ground level at the front wall of the building to the highest point of the coping of a flat roof, or to the deck line of a mansard roof, or to the main height level between eaves and the ridge for gable, hip, or gambrel roofs.
BUILDING LINE. See SETBACK, MINIMUM REQUIRED.
CASUAL SALES or GARAGE, YARD, LAWN, BASEMENT, PATIO, AUCTION OR OTHER SIMILAR CASUAL SALES. The sale, or offering for sale, of used items of tangible personal property which were obtained through purchase or otherwise for his or his family's use by the person residing at the property where the sale, or offering for sale, of said items occur.
CATERER. An establishment whose principal business is the preparation of food for delivery off-site and the provision of services for private parties, dinners, banquets, and the like.
CLINIC. A place for the care, diagnosis, and treatment of sick, ailing, infirm, and injured persons, and those who are in need of medical or surgical attention, but who are not provided with board or room or normally kept overnight on the premises.
CLUB. A nonprofit association of persons who are bona fide members, paying regular dues, and are organized for some common purpose, but not including a group organized solely or primarily to render service customarily carried on as a commercial enterprise.
COMMISSION. The City Planning Commission of the City of Forest Park.
CONVALESCENT (REST) HOME. A home designed for the care of patients after they leave the hospital but before they are released from observation and treatment.
COUNCIL. The City Council of the City of Forest Park.
COURT. An open, unoccupied, and unobstructed space, other than a yard or setback, on the same lot with a building or group of buildings, which is enclosed on three or more sides.
DEVELOPMENT PLAN. A plan for the development and use of a specific parcel or tract of real estate, illustrated by a plat showing the boundaries of such parcel or tract, the location, size, height, and use of all structures, all vehicular and pedestrian ways and parking areas, both public and private, and all landscaped areas to be erected and maintained thereon; and further explained by such specifications, conditions, and limitations as may be imprinted on the plat, or contained in the amendment to this chapter incorporating the development plan as an integral part of the zoning regulations applicable to the real estate.
DEVELOPMENT PLAN, MEASUREMENT. All land use within a development plan project, including interior streets and ways, parking areas, and similar space may be counted as part of the aggregate lot area required in the project. Any project shall be considered as one parcel regardless of the extent to which the parcel is subdivided by interior streets.
DISTRICT. A portion of the territory of the city within which certain uniform regulations and requirements or various combinations thereof apply under the provisions of this chapter.
DISTRICT, PLANNED. A district classification in the text of this chapter intended for certain land uses or groups thereof, generally identified in the land use plan, the location of which cannot be anticipated on the zoning map in advance of need, but will be considered in response to an individual application and in accordance with the terms and procedures prescribed by this chapter. After such a planned district has been established and its boundaries have been permanently fixed on the zoning map it shall be considered a regular zoning district as defined in this section.
DUMPSTER, COLLECTION. A waste container, usually two to eight cubic yards in size and generally used in commercial, industrial and multi-family developments, the use of which is primarily for the disposal of garbage, trash, refuse, junk or waste material of any kind, with a permanent storage location and regular, scheduled pickup by a waste collection agent.
DUMPSTER, TEMPORARY. Any unit designed for the collection of large quantities of trash, yard waste, garbage, building or construction debris, trees or limbs, and designed to be picked up by a truck and which is left on site on a temporary basis. Temporary dumpster does not include garbage cans or containers which can be moved by a person.
DWELLING. Any building or portion thereof designed or used as the residence or sleeping place of one or more persons, but not including a tent, cabin, trailer, modular or mobile home, factory built dwelling (industrialized unit, industrialized dwelling), where the building or portion thereof is of closed construction necessitating disassembly, damage, or destruction of said industrial unit at the building site in order to allow the local inspector(s) to adequately inspect its component parts except said units approved by the Ohio State Board of Building Standards under R.C. Chapter 3781, or a room in a hotel or motel.
DWELLING, BI-LEVEL. A structure containing two levels with both levels located within 48 inches above or below the average grade level.
DWELLING, FACTORY BUILT. As used in this chapter, means an assembly of closed construction comprising all or part of a total dwelling assembled in such a manner that the component materials and products cannot be adequately inspected by local inspectors without disassembling, damaging, or destructing said assembly, which when constructed, is self-sufficient or substantially self-sufficient, and when installed constitute a dwelling or part of a dwelling except for preparations for its placement.
DWELLING GROUP. A group of two or more detached dwellings located on a parcel of land in one ownership and having any yard or court in common.
DWELLING, MULTI-FAMILY. A building or portion thereof designed for or used by three or more families or housekeeping units.
DWELLING, ONE-STORY. A structure containing one story with the floor elevation located above the average grade line.
DWELLING, SINGLE-FAMILY. A building designed for or used exclusively for residence purposes by one family or housekeeping unit.
DWELLING, SPLIT-ENTRY. A structure containing two levels, one located above the other, with the main entry floor located at an elevation between the two main floor levels, and the lower floor located not more than 48 inches below the average grade line.
DWELLING, TRI-LEVEL. A structure containing three levels with two levels located one above the other, and the lowest level located not more than 48 inches below the average grade line.
DWELLING, TWO-FAMILY. A building designed for or used exclusively by two families or housekeeping units.
DWELLING, TWO-STORY. A structure containing two stories, one located above the other, and the lower floor elevation located above the average grade line.
DWELLING UNIT. One room, or a suite of two or more rooms, designed for or used by one family for living and sleeping purposes and having only one kitchen or kitchenette.
DWELLING, UPPER CEILING HEIGHT. The greatest dimension from the average grade line to the top of the highest wall plate supporting the roof for gable, hip, flat mansard, and shed roofs including a mansard roof on part of a wall. Other roof types shall be classified by the City Architect.
ESSENTIAL SERVICES. The erection, construction, alteration, or maintenance, by public utilities or municipal or other governmental agencies, of underground or overhead gas, electrical, steam or water transmission or distribution systems, collection, communication, supply or disposal systems, including poles, wires, mains, drains, sewers, pipes, conduits, cables, fire alarm boxes, police, call boxes, traffic signals, hydrants, and other similar equipment and accessories in connection therewith; reasonably necessary for the furnishing of adequate service by such public utilities or municipal or other governmental agencies or for the public health or safety or general welfare, but not including buildings.
FAMILY. Family is defined to be either:
(1) One or more persons related by blood, adoption, or marriage, plus not more than two unrelated persons living and cooking together in a single housekeeping unit, or
(2) Not more than three unrelated persons living and cooking together in a single housekeeping unit.
FLOOR AREA. The area of the several floors of a building measured from the exterior faces of the exterior walls, or from the center line of walls separating two buildings, and including all stairways, balconies, and corridors. The following areas shall be excluded
(1) Attic areas with headroom of less than seven feet.
(2) Storage rooms.
(3) Elevator hoist machinery.
(4) Cooling towers.
(5) Areas devoted exclusively to air conditioning, ventilating, and other building machinery and equipment.
(6) Parking structures.
FLOOR AREA RATIO (FAR). The ratio of floor area (FA) to land area (LA) expressed as a percent or decimal. Floor area ratio (FAR) x land area (LA) = maximum permitted floor area.
FOOD COURT. A specially designated area of a shopping mall, designed for the consumption of food and beverages where numerous fast food restaurants share a common seating area.
FRONTAGE. Frontage shall be that boundary of a lot which is along an existing or dedicated public street. The frontage of a lot shall be measured along the front property line.
GARAGE, PRIVATE. A detached accessory building or a portion of the principal building used only for the storage of self-propelled passenger vehicles or trailers, provided that not more than one-half of the space may be rented for private passenger vehicles of persons not resident on the premises, except that all of the space in a garage of one- or two-car capacity may be so rented; and provided that, except on farms, such garage shall not be used for the storage of more than one commercial vehicle of greater than 1-1/2-ton rated capacity.
GARAGE, STORAGE. Any building or premises used for housing only, of motor-driven vehicles, but not for transients, and at which automobile fuels and oils are not sold, and motor-driven vehicles are not equipped, repaired, hired, or sold.
GRADE LINE-AVERAGE. The average level of the established grade line measured around the entire perimeter of a structure.
GROUP LIVING FACILITY. Any facility housing any group of persons living together as a single housekeeping unit, except those for the criminally insane, those commonly referred to as half-way houses, or those provided for substance abuse programs, which does not meet the definition of FAMILY in this zoning code.
HOME OCCUPATION. Any occupation which is customarily incident to the principal use of the premises as a residence and is conducted by the resident occupants, but specifically excluding the participation of any other persons.
HOSPITAL. Any building or portion thereof used for the accommodation of sick, injured, or infirm persons.
ICE CREAM PARLOR. An establishment whose primary retail business is the preparation and serving of ice cream. A limited menu of additional food items may also be served. Consumption may be either on or off the premises. The establishment may have a drive-up or drive-thru service facility.
INDUSTRIAL and INSTITUTIONAL SERVICES. An establishment whose principal business is the preparation of food for delivery off-site to be utilized by other businesses or institution (that is, airlines, hospitals, and the like.)
INDUSTRIALIZED DWELLING or INDUSTRIALIZED UNIT. As used in this chapter, means an assembly of closed construction comprising all or part of a total dwelling assembled in such a manner that the component materials and products cannot be adequately inspected by local inspectors without disassembling, damaging, or destructing said assembly, which when constructed, is self-sufficient or substantially self-sufficient, and when installed constitute a dwelling or part of a dwelling except for preparations for its placement.
INTERNET SWEEPSTAKES. A business or establishment that promotes the sale of redeemable non-cash items, including but not limited to prepaid internet time cards, phone cards, prepaid credit cards and gift cards, to customers for use at its business location which entitle the item holder to participate in games of chance, including but not limited to sweepstakes, and use the non-cash items at terminals, computers or other devices which may reveal prizes, prize values or other awards.
KENNEL. Any lot or premises on which a combined total of four or more dogs, cats, or other animals customarily used as pets, four months of age or older; are housed, groomed, bred, boarded, trained, sold, or which offers provision for minor medical treatment for said animals with or without financial or other compensation.
LAND AREA. The area of the zoning lot, less any area for which vehicular access has been granted to other properties; plus an area equal to not more that one-half of the abutting right-of-way of any public street or alley to which the zoning lot has vehicular access rights. The abutting right-of-way shall not include freeways, nor easements or private streets in which vehicular rights-of way to other properties are granted. On lots abutting intersecting streets, the area shall be determined by the center line extensions of the abutting streets connecting with the lot line extensions of the zoning lot.
LAND USE PLAN. The long range plan for the desirable use of land in the city as officially adopted, and as amended from time to time, by the Planning Commission and approved by City Council; the purpose of such plan being, among other purposes, to serve as a guide in the zoning and progressive changes in the zoning of land to meet changing community needs, in the appropriate subdividing and development of undeveloped land, and in the acquisition of rights-of-way or sites for such public facilities as streets, parks, schools, and other public buildings.
LIVING AREA. The sum of the gross floor areas of those finished spaces used for living, sleeping, eating, and cooking or combination thereof which will meet all the building code requirements for habitable spaces together with the necessary adjacent closets, bathrooms, hallways, laundries, utility room, and work areas. All living areas shall have a finished floor area not more than four feet below the average finished grade. Garages, porches, public halls, and general storage rooms are specifically excluded from the definition of living areas. The area for frame building shall be measured from the exterior face of the enclosing walls at the respective floor lines. For brick veneer buildings, no more than four inches of the exterior wall thickness may be included in the area calculation. For two-family and multi-family dwellings, where applicable, measurements will be made to the centerline of party walls.
LIVING OPEN SPACE. Land area as determined under this section, less the building area and less the area used for parking or maneuvering of vehicles, and usable roof area.
LIVING SPACE RATIO (LPR). The ratio of living space (LS) to floor area (FA) that has been developed, expressed as a percent or decimal. Living space ratio (LPA) x floor area (FA) = minimum required living space which may be part of required open space (OS).
LOT. Includes plot or parcel. A piece or parcel of land occupied or intended to be occupied by a principal building or a group of such buildings and accessory buildings, or utilized for a principal use and uses accessory thereto, together with such open spaces as required by this chapter, and having frontage on a public street.
LOT AREA. The computed area contained within the lot lines.
LOT, CORNER. A lot abutting upon two or more streets at their intersection or upon two parts of the same street, such streets or parts of the same street forming an interior angle of less than 35 degrees. The point of intersection of the street lines is the corner.
LOT LINES. The property lines bounding the lot.
LOT OF RECORD. A lot which is part of a subdivision, the map of which has been recorded in the office of the County Recorder, or a parcel of land the deed of which was of record as of the effective date of the zoning code.
LOT WIDTH. The mean width of the lot measured at right angles to its depth.
MEDICAL MARIJUANA. All parts of a plant of the genus cannabis as defined by “marihuana” in R.C. § 3719(O), that are cultivated, processed, dispensed, tested, possessed or used for a medical purpose and regulated under the Ohio Medical Marijuana Control Program.
MODULAR HOME. A dwelling designed to be transported after its fabrication on its own wheels, or on a flat-bed trailer, or by another mode of transportation moved to its intended point of use where it is assembled on-site from two or more completed modules and upon being assembled and placed upon a foundation is no longer portable.
MOTEL or MOTOR HOTEL. A series of attached, semi-attached, or detached sleeping or living units, for the accommodation of automobile transient guests, said units having convenient access to off-street parking spaces, for the exclusive use of the guests or occupants.
NONCONFORMING STRUCTURE. A structure legally established and existing at the time of the adoption of this chapter, or any amendment thereto, and which does not conform with the regulations of this chapter, other than use, for the district in which it is located. Such regulations shall include but not be limited to height, area, setbacks, floor area, and living area.
NONCONFORMING USE. A building, structure, or premises legally existing or used at the time of adoption or this chapter, or any amendment thereto, and which does not conform with the use regulations of the district in which located. Any such building, structure, or premises conforming in respect to use but not in respect to height, area, setbacks or courts, floor area, or distance requirements from more restricted districts or uses, shall be considered a nonconforming use.
OHIO MEDICAL MARIJUANA CONTROL PROGRAM. The laws, rules and regulations established by the Substitute House Bill 523, including such administrative rules and regulations as may be established by state agencies pursuant to Sub. HB 523.
OPEN SPACE. Land areas defined herein less the building area and usable roof area.
OPEN SPACE RATIO (OSR). The ratio of open space (OS) to floor area (FA) that has been developed, expressed as a percent or decimal. Open space ratio (OSR) x floor area (FA) = minimum required open space.
PARKING. The standing of a vehicle, whether occupied or unoccupied. The term shall not apply to the temporary stopping of a vehicle for the purpose of and while actually engaged in loading or unloading passengers or merchandise.
PARKING AREA, PRIVATE. An area for the same uses as a private garage except as provided in this chapter.
PARKING AREA, PUBLIC. An open area other than a street or public way, used for the parking of automobiles and available to the public whether for a fee, free, or an accommodation for clients or customers.
PARKING SPACE. A permanently surfaced area of not less than 160 square feet with a minimum nine-foot width measured perpendicular to the length of the car or space, whether within a structure or in the open, exclusive of driveways or access drives for the parking of motor vehicles.
PORTABLE STORAGE UNIT. Any enclosed unit made of metal or other durable construction material designed for permanent or temporary storage of personal property which is designed to be transported by vehicle.
RECREATION SPACE. Open areas for both passive and active recreation facilities subject, however, to the following conditions:
(1) If the recreation space requirement is less than 10,000 square feet, the recreation space, other than roof areas, shall be located in a contiguous portion of zoning lot.
(2) If the recreation space requirement is 10,000 square feet or more, each separate recreation area shall contain at least 10,000 square feet and shall be not less than 100 feet in least dimensions at any point except for any space of less than 10,000 square feet constituting the remainder after provision has been made for the 10,000 square foot area or areas. Modification of these area and dimensional requirements shall be allowed if the shape or topography of the site prevents compliance or if the recreation space consists of usable roof area.
RECREATION SPACE RATIO (RSR). The ratio of recreation space (RS) to floor area (FA) that has been developed, expressed as percent or decimal. Recreation space ratio (RSR) x floor area (FA) = minimum required recreation space which may be part of required living space (LS).
RENTAL, SHORT-TERM. A dwelling unit, or part thereof, offered or held out to the public for rent for a duration of occupancy of less than 30 consecutive days.
RESTAURANT. A business establishment whose principal business is the selling of unpackaged food to the customer in a ready-to- consume state, in individual servings, or in non-disposable containers, and where the customer consumes these foods while seated at tables or counters located within or adjacent to the building having as its predominant use the on-premises or take-out consumption of prepared food and beverages, the latter which are customarily incidental to food. The establishment may also contain a bar area which is accessory in use to the restaurant. Interior minimum seating capacity for free standing restaurants shall be for 40 people. The minimum seating capacity requirement shall not apply to restaurants located in a tenant space within a retail shopping center or mall.
RESTAURANT, ACCESSORY. An accessory food preparation and service area located within the premises of a retail, office or industrial establishment and subordinate to the principle use of the building.
RESTAURANT, CARRY-OUT/DELIVERY. An establishment whose primary retail business offers prepared food for consumption on an off-premises basis.
RESTAURANT, DRIVE-IN. An establishment that delivers prepared food and/or beverages to customers in motor vehicles, regardless of whether or not it also serves prepared food and/or beverages to customers who are not in motor vehicles, for consumption either on or off the premises.
RESTAURANT, FAST FOOD. An establishment that offers quick food service, which is accomplished through a limited menu of items already prepared and held for service, or prepared, fried, or griddled quickly, or heated in a device such as a microwave oven. Orders are not generally taken at the customer's table, and food is generally served in disposable wrapping or containers. The establishment generally includes a drive-up or drive-through service facility. Interior minimum seating capacity for free standing fast food restaurants shall be for 40 people. The minimum seating capacity requirement shall not apply to fast food restaurants located in a tenant space within a retail shopping center or mall.
SETBACK, MINIMUM REQUIRED. An open space (other than a court) on a lot which is unoccupied and unobstructed from the ground upward except as otherwise provided by this chapter. The setback is delineated by the "minimum required front, side, and rear setback lines" as defined in this section. In case of planned districts or dwelling groups the minimum required setback is delineated by the “minimum required exterior and interior setback lines” as defined in this section.
(1) SETBACK LINE, MINIMUM REQUIRED EXTERIOR. A line parallel to the boundary of a planned district or dwelling group set a horizontal distance from the boundary equal to that specified in Appendix C of this chapter for a minimum required exterior setback for the district in which it is located.
(2) SETBACK LINE, MINIMUM REQUIRED FRONT. A line parallel to the front lot line, extending across the full width of the lot, set a horizontal distance from the front lot line equal to that specified for front setbacks in Appendix C of this chapter for the district in which it is located.
(3) SETBACK LINE, MINIMUM REQUIRED INTERIOR. A setback in a planned district or dwelling group which does not abut on a boundary of a planned district or development.
(4) SETBACK LINE, MINIMUM REQUIRED REAR. A line parallel to the rear lot line, extending across the full width of the lot, set a horizontal distance from the rear lot line equal to that specified for rear setback in Appendix C of this chapter for the district in which it is located.
(5) SETBACK LINE, MINIMUM REQUIRED SIDE. A line parallel to the side lot line, extending from the front setback line to the rear setback line, set a horizontal distance from the side lot line equal to that specified for side setback in Appendix C of this chapter for the district in which it is located.
SPECIAL EXCEPTION. A use that would not be appropriate generally or without restriction throughout the zoning district but which, if controlled as to number, area, location, or relation to the neighborhood, would promote the public health, safety, welfare, morals, order, comfort, convenience, appearance, prosperity, or general welfare as those standards or criteria are to be considered by the Planning Commission as specified in § 150.171 (H). Such uses may be permitted in such zoning district as special exceptions, under specific provision for such special exceptions in the chapter.
SPECIFIC ANATOMICAL AREAS.
(1) Less than opaquely covered human genitals, pubic region, pubic hair, buttock or anus region, or female breast below a point immediately above the top of the areola; or
(2) Human male genitals in a discernibly turgid state even if completely covered.
SPECIFIC SEXUAL ACTIVITIES.
(1) Human genitals in a state of sexual stimulation or arousal.
(2) Acts, real or simulated of sexual intercourse, human masturbation, sodomy, cunnilingus, or fellatio.
(3) Fondling or other erotic touching of human genitals, pubic region, buttock, or female breasts.
STANDARD INDUSTRIAL CLASSIFICATION MANUAL (SIC). The 1972 Edition together with the 1977 supplement prepared by the Statistical Policy Division, Office of Management and Budget, Executive Office of the President of the U.S. and available from the City Department of Community Development for purchase or inspection. Copies are also available for purchase from the regional office of the Department of Commerce, Bureau of Census located in the Federal Building at Fifth and Main Streets in Cincinnati, or from the Superintendent of Documents, U.S. Government Printing Office, Washington, D.C. As used in this chapter, the SIC shall constitute the detailed descriptions of uses for the various use districts except where such uses are otherwise defined or listed in this chapter.
STORY. That portion of a building, included between the surface of any floor and the surface of the floor next above it, or if there be no floor above it, then the space between the floor and the ceiling next above it. A basement is not considered a story.
STORY, HALF. A partial story under a gable, hip, or gambrel roof, the wall plates of which on at least two opposite exterior walls are not more than four feet above the floor of such story.
STREET. A public right-of-way which provides a public means of access to abutting property. The term STREET shall include avenue, drive, circle, road, parkway, boulevard, highway, thoroughfare, or any similar term.
STREET RIGHT-OF-WAY. The land, property, or interest therein acquired and used for street or related transportation purposes.
STRUCTURE. Any thing constructed, reconstructed, or erected on the ground or on something located on the ground.
STRUCTURAL ALTERATION. Any change in the structural members of a building, such as walls, columns, beams, or girders.
TEEN CLUB.
A business in which entertainment, whether live or recorded, vocal or instrumental, is provided, with or without dancing by customers or patrons, for persons between the ages of 13 and 20 years unaccompanied by adults. A TEEN CLUB does not include uses operated by public agencies or private eleemosynary or charitable organizations.
THOROUGHFARE PLAN. The official thoroughfare plan for the city, as adopted by the Planning Commission and approved by Council establishing the location and official right-of-way width of principal thoroughfares and streets in the city, together with all amendments thereto subsequently adopted.
TYPE A FAMILY DAY CARE HOME. A permanent residence of the administrator to which child care or publicly funded child care is provided for seven to 12 children at one time or a permanent residence of the administrator in which child care is provided for four to 12 children at one time if four or more children at one time are under two years of age. In counting children for the purposes of this definition, any children under six years of age who are related to a licensee, administrator, or employee and who are on the premises of the type A home shall be counted.
TYPE B FAMILY DAY CARE HOME. A permanent residence of the provider in which child care is provided for one to six children at one time and in which no more than three children are under two years of age at one time. In counting children for the purposes of this definition, any children under six years of age who are related to the provider and who are on the premises of the type B home shall be counted.
USE. The purpose for which land or a building or structure is arranged, designed, or intended, or for which either land or a building or structure is, or may be, occupied or maintained.
USED. Includes arranged, designed, constructed, altered, converted, rented, leased, or intended to be used.
VARIANCE. A relaxation of the terms of the zoning code where such variance will not be contrary to the public interest and where, owing to conditions peculiar to the property and not the result of the actions of the applicant, a literal enforcement of the zoning code would result in unnecessary and undue hardship.
VEHICLE. Every device in, upon, or by which any person or property may be transported or drawn upon a highway, except devices moved by power collected from overhead electric trolley wires or used exclusively upon stationary rails or tracks, and except devices other than bicycles moved by human power. Any further clarifications of types of vehicles are defined in Title VII of this code of ordinances.
YARD. An open space other than a court, on a lot occupied and unobstructed from the ground upward except as otherwise provided in this chapter.
(1) YARD, EXTERIOR. Any yard in a planned district or a dwelling group which abuts on the boundary of the planned district or development.
(2)
YARD, FRONT. A yard extending across the full width of the lot, the depth of which is the horizontal distance between the front lot line and the building or structure located on the lot.
(3)
YARD, INTERIOR. Any yard in a planned district or a dwelling group which does not abut on a boundary of the planned district or development.
(4)
YARD, REAR. A yard extending across the full width of the lot, the depth of which is the horizontal distance between the rear lot line and the building or structure located on the lot.
(5)
YARD, SIDE. A yard extending from the front yard to the rear yard, the width of which is the horizontal distance between the side lot line and the building or structure located on the lot.
ZONING MAP. The zoning map of the city dated November 17, 1964, together with all amendments subsequently adopted, as included in Appendix A of the zoning code.
(Ord. 10-1986, passed 5-19-86; Am. Ord. 20-1987, passed 6-1-87; Am. Ord. 46-1987, passed 12-21-87; Am. Ord. 50-1987, passed 1-4-87; Am. Ord. 21-1988, passed 7-5-88; Am. Ord. 04-1989, passed 2-20-89; Am. Ord. 28-1990, passed 10-1-90; Am. Ord. 10-1996, passed 7-1-96; Am. Ord. 19-2007, passed 7-2-07; Am. Ord. 07-2008, passed 2-18-08; Am. Ord. 02-2012, passed 3-19-12; Am. Ord. 03-2014, passed 4-7-14; Am. Ord. 04-2015, passed 5-18-15; Am. Ord. 05-2016, passed 4-4-16; Am. Ord. 14-2017, passed 8-7-17; Am. Ord. 19-2020, passed 7-6-20)