As used in Part Eleven, Title One of the Zoning Ordinance of the Village of Gibsonburg, certain terms and words are hereby defined.
(1) ABUT or ABUTTING: Having a common border with, or being separated from such common border by right-of-way, alley, or easement.
(2) ACCESSORY BUILDING: A detached subordinate building which is usually incidental to and located on the same lot as the main or principal building not meant for human occupancy.
(3) ACCESSORY STRUCTURE: Any improvement to the property other than the main building(s), with exception of landscaping, is an accessory structure. If a temporary building is placed on the property to provide extra space for expansion of a use, the temporary building shall also be an accessory structure.
(4) ACCESSORY USE: A use incidental to and on the same lot or property as the principal use.
(5) ADMINISTRATIVE APPEAL: An appeal to the Board of Zoning Appeals alleging that the Administrator or an authorized agent has erred in administration or enforcement of this Zoning Ordinance.
(6) ADULT BOOKSTORE: An establishment that has a substantial portion of its stock-in-trade and offers for sale, for any form of consideration, any one of the following: books, magazines, periodicals, or other printed matter, or photographs, films, motion pictures, video cassettes, slides, or other visual representation that are characterized by an emphasis upon the depiction or description of specified sexual activities or specified anatomical areas; or instruments, devices, or paraphernalia that are designed for use in connection with specified sexual activity.
(7) ADULT CABARET: A nightclub, bar, restaurant, or similar establishment that regularly features live performances which are characterized by the exposure of specified anatomical areas or by specified sexual activities, or films, motion pictures, video cassettes, slides, or other photographic reproductions in which a substantial portion of the total presentation time is devoted to the showing of material that is characterized by an emphasis upon the depiction or description of specified sexual activities or specified anatomical areas.
(8) ADULT FAMILY HOME: A residence or facility that provides accommodations to three to five unrelated adults and provides supervision and personal care service to at least three of the unrelated adults.
(9) ADULT GROUP HOME: A residence or facility that provides accommodations to six to sixteen unrelated adults and provides supervision and personal care service to at least three unrelated adults.
(10) ADULT MOTION PICTURE THEATER: An establishment where, for any form of consideration, films, motion pictures, video cassettes, slides, or similar photographic reproductions are shown, and in which a substantial portion of the total presentation time is devoted to the showing of material characterized by an emphasis on the depiction or description of specified sexual activities or specified anatomical areas.
(11) AGRICULTURE: The use of land exclusively for agricultural purposes including: farming, agriculture, horticulture, floriculture, viticulture, dairying, pasturage, animal and poultry husbandry, and the necessary accessory uses for packing, treating, or storing of the products of same; provided that, the operation of such accessory uses shall be secondary to that of the normal agricultural activities. A use shall be classified as agricultural only if it is the principal or main use of the land.
(12) AIRPORT: Any landing area and all necessary appurtenances designed, used or intended to be used for the landing and taking off of aircraft.
(13) ALLEY: A public thoroughfare which affords only a secondary means of access to a lot or abutting property.
(14) ALTERATION: Any change, addition, or modification in construction or occupancy of an existing structure.
(15) ALTERATIONS, STRUCTURAL: Any change in the supporting members of a building such as bearing walls, columns, beams, or girders.
(16) ANTENNA: Any structure designed or modified to transmit or receive any electromagnetic energy signal from any relay station.
(17) APARTMENT: A building arranged, intended, or designed to be occupied by three or more families living independently of each other and doing their own cooking upon the premises or by three or more individuals or groups of individuals living independently of each other.
(18) ARBOR: An enclosure of closely planted trees, vines, or shrubs which are either self-supporting or supported on a framework, also the supporting framework itself.
(19) AUTOMATIC CAR WASH: Any structure or part thereof used for the washing of motor vehicles either by manual or assembly line techniques, using employees, the owner of the facility or by total automation.
(20) AUTOMOBILE SALES LOT: Any premises used for the sale of new or used motor vehicles with or without repair and service facilities.
(21) AUTOMOBILE SERVICE STATION: A place where gasoline, kerosene, or any other motor fuel or petroleum product for operating motor vehicles is offered for sale to the general public.
(22) AUTOMOTIVE REPAIR: The repair or reconditioning of motor vehicles or parts thereof, including collision and cleaning services.
(23) AUTOMOBILE TRAILER, TRAILER COACH, or TRAILER: A vehicle used or intended for use as a conveyance upon the public streets or highways, so designed, constructed, reconstructed, or added to by means of portable accessories in such manner as will permit the occupancy thereof as a movable dwelling or sleeping place.
(24) AWNING: Any projection over a door, window, porch, or balcony, fixed or retractable, for protection against the weather.
(25) BANNER: A flexible sign, usually temporary in nature, which is affixed at both ends to a pole or structure.
(26) BASEMENT: A story all or partly underground, but having at least one-half of its height below the average level of the adjoining ground. A basement, if not occupied for living purposes, shall not be included as a story for the purpose of height regulations.
(27) BED AND BREAKFAST: An owner-occupied dwelling unit that contains no more than four guest rooms where short term lodging for daily rent, with or without meals, is provided for compensation.
(28) BILLBOARD: A large, free-standing advertising structure located along a public street or road to attract attention of passing motorists to a business or product located or available on a different site.
(29) BLOCK: A plot of land which is bounded on all its sides by public streets or places.
(30) BOARDING HOUSE: A building other than a hotel or motel where for compensation by the week or month, meals are provided for three or more unrelated boarders or roomers at anyone time but not in individual rooms.
(31) BREEZE WAY: A roofed open passage connecting two buildings.
(32) BUILDING AREA: The portion of a lot that can be used for the construction of buildings excluding easements and setbacks.
(33) BUILDING: Any structure (except fences) designed or intended for the support, enclosure, shelter, or protection of persons, animals, or property.
(34) BUILDING LINE: A line parallel to a public or private right-of-way measured from same the distance in feet as shown on the building line map.
(35) BUILDING HEIGHT: The vertical distance from the grade to the highest point of the coping on a flat roof or the deck line of a mansard roof or the mean height level between eaves and ridge of a gable, hip, or gambrel roof.
(36) BULK: The size, volume, area and shape of buildings and structures and the physical relationship of their exterior walls or their location to lot lines, other buildings and structures or other walls of the same building, other structure or tract of land.
(37) BULLETIN BOARD: An announcement sign usually with changeable letters to inform the public of coming events at a public, semi-public or non-profit institution.
(38) BUSINESS: Any occupation, enterprise, undertaking or employment which engages in the purchase, sale, barter or exchange of goods, merchandise, or services, or where there is maintenance or operation of an office or offices for the exhibition, sale or offering of merchandise or service.
(39) CAMPGROUND: Any tract of land which two or more portable camping units are placed, and includes the necessary roadway and support structures used or intended to be used as part of the facilities of such camp.
(40) CANOPY: An overhanging shelter or shade covering.
(41) CEMETERY: Land used or intended to be used for the burial of the animal or human dead and dedicated for that purpose, including crematories, mausoleums, and mortuaries if operated in connection with and within the boundaries of such cemetery.
(42) CHURCH OR RELIGIOUS INSTITUTION: A building originally and exclusively designed for, and/or used primarily for, public worship; includes chapel, church, mosque, synagogue, and temple and customarily related uses and activities.
(43) COMMISSION: The Planning Commission of the Village of Gibsonburg.
(44) COMPREHENSIVE PLAN: A plan or any portion thereof, adopted by Village Council detailing the general locations and extent of the present and proposed orderly development of the Village. The Plan establishes the goals and objectives of the Village, and assists officials in formulating the necessary policies and procedures to help achieve those goals.
(45) CONDITIONAL USE: A use permitted in a district other than a use permitted by right which is allowed only under certain conditions and requiring a conditional use permit and approval of the Planning Commission.
(46) CONDITIONAL USE PERMIT: A certificate of use and occupancy issued on approval of the Commission to allow a use other than a use permitted by right in a particular district on a specific lot.
(47) CONDOMINIUM: A property on which two or more individually owned dwelling units are contained within a single building, and units are offered together with undivided interest in common areas and facilities of the property.
(48) CONVENIENCE STORE: A type of retail sales and service use involving local neighborhood oriented businesses which meet the day-to-day needs of residents living in the area.
(49) COUNCIL: The elected Council of the Village of Gibsonburg.
(50) COURT: The open unoccupied space, enclosed or partially enclosed by three or more intersecting walls of a building or buildings.
(51) CORNER LOT: A lot, two non-parallel sides of which abut a public or private right-of-way.
(52) COVERAGE: The percentage of the lot area covered by the area of a building.
(53) CURB LEVEL: The grade of the curb in front of the midpoint of the lot.
(54) DECORATIVE BANNER: A banner placed for decorative purpose as opposed to advertising purpose on any part of a property.
(55) DECORATIVE SIGN: A sign placed for a decorative purpose as opposed to advertising purpose on any part of a property.
(56) DENSITY: A unit of measure; the number of dwelling units per acre of land.
A. Gross Density: The number of dwelling units per acre of the total land to be developed.
B. Net Density: The number of dwelling units per acre of land. The acreage involved includes only the land devoted to residential uses.
(57) DETACHED BUILDING: A building that has no structural connection with another building.
(58) DETENTION BASIN: An enclosure designed to detain storm water during designated flood interval storms. Detention basins are not designed to hold water permanently, rather they are part of an overall drainage system.
(59) DISH: The part of a satellite signal receiving antenna which is shaped like a saucer or dish, whether it is spherical, parabolic, or similar in shape.
(60) DISTRICT: A section or sections of the Village for which the zoning regulation governing the use of buildings and land, and the intensity of use is uniform.
(61) DRAINAGE WAY: A watercourse, gully, dry stream or ditch which carries storm water runoff, which is subject to flooding and ponding, which is fed by street or building gutters or by storm water sewers or serves the purpose of draining water from the lands adjacent to such watercourse, gully, dry stream, creek or ditch.
(62) DRIVE-UP OR DRIVE-THROUGH: Any establishments or facilities where goods or services are provided from windows or in drive-through areas to customers in cars or to the cars and where the cars are temporarily stopped or standing and which commonly does, or could involve a line up of cars waiting in line for such goods or services. Current examples of drive-up developments include but are not limited to car washes, drive-up windows at banks and drive-through carry outs.
(63) DUMP: A lot or part thereof used primarily for the licensed disposal by abandonment, dumping, burial or incineration or any other means and for whatever purpose, of garbage, sewage, trash, refuse, or junk.
(64) DWELLING: Any building or portion thereof which is designed to provide living accommodations for one or more families. An attached garage for purposes of determining the front, side, and rear yards shall be considered a part of a dwelling.
A. Single-Family Dwelling: A building designed to provide one dwelling unit for a family and separated from other dwellings by required open space.
B. Two-Family Dwelling: A building consisting of two dwelling units which may be either attached side by side or one above the other and each unit having a separate or combined entrance or entrances.
C. Multi-Family Dwelling: A building consisting of three or more dwelling units including condominiums with varying arrangements of entrances and party walls. Multi-family housing may include public housing.
(65) DWELLING UNIT: One or more rooms physically arranged so as to create an independent housekeeping establishment for occupancy by one family with separate toilets and facilities for cooking and sleeping.
(66) EASEMENT: The right of a person, government agency, or public utility company to use public or private land owned by another for a specific purpose.
(67) FAMILY: One or more persons occupying a premises and living as a single housekeeping unit, whether or not related to each other by birth or marriage, as distinguished from a group occupying a boarding house, lodging house, or hotel.
(68) FENCE: An enclosure, barrier or screen whose purpose is to physically or visually contain certain uses and activities which are carried out on a particular lot.
(69) FLOOR AREA: A floor space enclosed by interior walls, fire walls or fire partitions, or any combination thereof.
A. The floor area of a building shall include the following:
1. Basement space.
2. Elevator shafts and stairwells at each floor.
3. Floor space for mechanical equipment with structural headroom of seven feet six inches or more.
4. Attic space, with or without a finished floor, providing structural headroom of seven feet six inches.
5. Interior balconies and mezzanines.
6. Enclosed porches.
7. Accessory uses, not including garages.
B. Floor area of a building shall not include the following:
1. Cellar space, except that cellar space used for retailing shall be included.
2. Elevator or stair bulkheads, accessory water tanks and cooling towers.
3. Floor space used for mechanical equipment, with structural headroom of less than seven feet six inches.
4. Attic space with or without a finished floor, with structural headroom of less that seven foot six inches.
5. Uncovered steps.
6. Terraces, breeze ways and open spaces.
7. Accessory off-street parking spaces.
8. Accessory off-street loading berths.
(70) FLASHING SIGN: A sign with any moving parts, illuminated or non-illuminated.
(71) FOOD PROCESSING: The preparation, storage, or processing of food products.
(72) FREE-STANDING SIGNS: A sign supported by one or more upright poles, columns, or braces placed in or on the ground and not attached to any building or structure.
(73) FRONTAGE: The length of any one property line of a premise, which property line abuts a legally accessible street right-of-way. If a lot has more than one property line abutting a legally accessible street right-of-way, then both property lines shall be considered to have frontage.
(74) GARAGE:
A. Private Garage: An accessory building housing not more than three automobiles in which no occupation or business is carried on.
B. Community Garage: An accessory building for the storage of four or more passenger automobiles of tenants of one or several apartment buildings in which no occupation, business, or service is carried on.
C. Repair Shop Garage: A building or part thereof in which general repair of any kind is performed on motor vehicles and in which the painting of cars and body and fender work is only incidental.
(75) GARAGE SALES: Temporary sales of personal property on resident's premises and shall include, but shall not be limited to, yard sales, patio sales, carport sales, basement sales, porch sales, driveway sales and the like.
(76) GASOLINE SERVICE STATION: A building or part of a building or structure or space for the retail sale of gasoline, lubricants, and motor vehicle accessories, and for minor service and repairs not accompanied by objectionable noises, fumes, dust, or odors.
(77) GRADE:
A. For buildings having walls adjoining one street only, the elevation of the sidewalk at the center of the wall adjoining the street. Where no sidewalk exists, the elevation of the center line of the street shall be used in lieu thereof
B. For buildings having walls adjoining more than one street, the average elevation of the sidewalk at the centers of all walls adjoining the streets.
C. For buildings having no walls adjoining the street, the average level of the finished surface of the ground adjacent to the exterior walls of the buildings.
D. Any wall approximately parallel to and not more than five feet from a street line is to be considered as adjoining the street. Where no sidewalk exists, the elevation of the centerline of the street shall be used in lieu thereof.
(78) GAZEBO: A small, round, octagonal, or similarly shaped decorative structure, usually roofed but open-sided to provide shelter or a place to view the surrounding area.
(79) GROSS PUBLIC FLOOR AREA: The total area of the building accessible or visible to the public, including showrooms, motion picture theaters, motion picture arcades, service areas, storage areas visible from such other areas, restrooms, areas used for cabarets or similar shows, plus aisles, hallways and entryways serving such areas.
(80) GROUND FLOOR AREA: The area of a building in square feet, as measured in a horizontal plane at the ground floor level within its largest outside dimensions, exclusive of open porches, breeze ways, terraces, garages and exterior stairways.
(81) GROUND SIGN: A permanent free-standing sign of less than four feet above the finished grade.
(82) HIGH RISE SIGN: A free-standing sign in excess of thirty feet in height.
(83) HOME OCCUPATIONS: An occupation, profession, activity, or use that is clearly a customary, incidental, or secondary use of a residential dwelling unit and which does not alter the exterior of the property or affect the character of the neighborhood.
(84) HOSPITAL: A building designed and used for the treatment of human injury, illness or infirmity. To be classified as a hospital, the facility must have twenty- four hour professional medical staff, inpatients or regular emergency treatment facilities.
(85) HOTELS: A building in which lodging or boarding are provided and offered to the public for compensation and in which ingress and egress to and from all rooms is made through an inside lobby or office supervised by a person in charge at all hours.
(86) ILLUMINATED SIGN: A sign, whether permanent or temporary, illuminated in any way with an artificial lighting source.
(87) INDUSTRIAL USE: Any use involving manufacturing, processing, testing and similar uses and which may generate some objectionable characteristics.
(88) INSTITUTION: An organization for the promotion of a public, semi-public or private purpose such as related to education, charity or religion.
(89) JUNKYARD: A place where two or more motor vehicles not in running condition or parts thereof, are stored in the open, in a fenced area or in a partially enclosed building, and are not being actively restored to operation, or any land used for wrecking and not restoration to operating condition, and including an open area where waste, scrap metal, used building materials, paper, rags or similar materials are brought, sold, exchanged, stored, baled, and disassembled.
(90) KENNEL: Any lot of premises on which four or more domesticated animals of the same species, more than four months old are housed, groomed, bred, boarded, trained or sold.
(91) LOT: A parcel of land occupied, or intended to be occupied, by a building and its accessory buildings or by a group of dwellings and their accessory buildings, together with such open spaces as are required, having at least the minimum area required for a lot in the zone in which such lot is located and having its principal frontage on a public street or public way.
A. Corner Lot: A lot having two adjacent sides abutting upon two streets.
B. Interior Lot: A lot other than a corner lot with only one frontage on a street.
C. Lot Depth: The mean horizontal distance between the front and rear lot lines.
D. Double Frontage Lot: A lot having a frontage on two non-intersecting streets, as distinguished from a corner lot.
E. 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 described by metes and bounds, the description of which has been recorded in the office of the County Recorder.
F. Minimum Area of Lot: The area of a lot computed exclusive of any portion of right-of-way of any public street or private road.
G. Lot Width: The width of a lot at the building line.
(92) MANUFACTURED HOME: Any non-self propelled vehicle transportable in one or more sections, which in traveling mode, is eight feet or more in width or forty feet or more in length or when erected on site, is three hundred twenty square feet or more, and which is built on a permanent chassis and designed to be used as a dwelling with or without a permanent foundation when connected to utilities. Calculations used to determine the number of square feet in a structure are based on the structure's exterior dimensions measured at the largest horizontal projections when erected on site. These dimensions include all expandable rooms, cabinets, and other projections containing interior space but do not include bay windows.
(93) MODULAR HOME: Any home that is preassembled or partly assembled that has a structure only to affix the axles and hitch and has no steel frame that is part of the structure. The structure must be removed after the home is permanently affixed to the foundation. Any partly assembled home that is carried on a trailer or flatbed truck and where components are assembled on site is a modular home.
(94) MOTEL: A building in which lodging is provided and offered to the public for compensation and which is open to transient guests as distinguished from a boarding house.
(95) MOTOR HOME: A self-propelled recreational vehicle with permanently installed facilities for cooking, eating, storage, and sleeping.
(96) MURALS: An exterior wall painting that does not include advertising for commercial purposes.
(97) NON-CONFORMING USE: Any building, structure, or land lawfully occupied by a use on the effective date of this Ordinance or any amendment or supplement thereto which does not conform to the use and regulations of the district in which it is situated.
(98) NURSING HOME: A home used for the reception and care of individuals who, by reason of illness or physical or mental impairment, require skilled nursing care and professional assistance.
(99) NURSERY SCHOOL: A licensed school conducted for profit that provides day care for pre-school children.
(100) OFF-STREET PARKING AREA: A surfaced area, including driveways designated for the parking of motor vehicles.
(101) OPEN SPACE: An area open to the sky which is or may be on the same lot with a building. The area may include, along with the natural environmental features, swimming pools, tennis courts, any other recreational facilities that the Planning Commission deems permissive. Streets, structures for habitation, and the like shall not be included.
(102) OUTDOOR DINING FACILITY: An outdoor dining area connected or attached to an indoor restaurant, bar, tavern or nightclub.
(103) PARKING AREA: An open plot of land not on a public street used for the parking of passenger automobiles.
(104) PARKING SPACE, OFF-STREET: An off-street parking space shall consist of an area adequate for parking an automobile with room for opening doors on both sides, together with properly related access to a public street or alley and maneuvering room but will be located totally outside of any street or alley right-of-way.
(105) PERFORMANCE BOND or SURETY BOND: An agreement by a subdivider or developer with the Village for the amount of the estimated construction cost guaranteeing the completion of physical improvements according to plans and specifications within the time prescribed by the subdivider's agreement.
(106) PERMANENT FOUNDATION: A structural system for transposing loads from a structure to the earth at a depth below the established frost line without exceeding the safe bearing capacity of the supporting soil.
(107) PLANNED UNIT DEVELOPMENT: An area of land in which a variety of housing types and/or related residential facilities is accommodated in a pre-planned environment under more flexible standards, such as lot sizes and setbacks, than those restrictions that would normally apply under this Ordinance.
(108) PLANNING COMMISSION: The Planning Commission of the Village of Gibsonburg.
(109) POLE SIGN: An advertising sign or signs hung or attached to a free-standing pole or similar structure having a total height of thirty feet or less.
(110) POND: A body of water, of which none of the excavate material has been removed from the site for commercial purposes and is used for the following purposes: to provide water for livestock, fish and wildlife, recreation, or drainage retention.
(111) PREMISES: A lot together with all the buildings thereon.
(112) PRIVATE CLUB: An association organized and operated not-for-profit for persons who are bona fide members paying annual dues, which constructs, hires or leases premises, the use of which is restricted to such members and their guest.
(113) PROJECTING SIGN: A sign that projects in perpendicular or "V"-shape fashion from the outside wall of a building.
(114) PRINCIPAL USE: Is the use to which the greatest percentage of the principal structure or lot not occupied by a structure is devoted.
(115) PROFESSIONAL ACTIVITIES: The use of offices and related spaces for such professional services as are provided by medical practioners, lawyers, architects, and engineers and similar professions.
(116) PUBLIC HEARING: A hearing held after legal notices have been published in a newspaper of general circulation, or otherwise posted in a manner allowed by law.
(117) PUBLIC USE: Public parks, schools, and administrative and cultural buildings and structures, including public land or buildings devoted solely to the storage and maintenance of equipment and materials and public service facilities.
(118) RECREATIONAL FACILITIES: Commercial or non-commercial facilities that offer non-passive recreational services to a group of people or the general public. Included in this definition are outdoor recreational facilities, such as golf courses, driving ranges, tennis courts, and swimming pools, and indoor recreational facilities in which some or all activities are conducted indoors.
(119) RECREATIONAL VEHICLE: A vehicular portable structure designed and constructed to be used as a temporary dwelling for travel, recreational, and vacation uses.
(120) RECREATIONAL VEHICLE PARKS: A park with only one postal address and with or without electrical, water, and sewer hook-ups or disposal areas intended to serve recreational vehicles on a daily rental basis.
(121) RESTAURANT: A commercial enterprise where the primary, if not exclusive, activity and purpose is the preparation, sale, and consumption of food of all kinds to the public.
(122) RETAIL SALES AND SERVICE: Any establishment which not only sells merchandise but also provides service for the repair or replacement of that or other merchandise purchased or previously owned by consumers.
(123) RETENTION BASIN: A body of water, whether permanent or for the purposes of holding water for no longer than designated flood interval storms.
(124) RIGHT-OF-WAY: A strip of land taken or dedicated for use as a public way. In addition to the roadway, it normally incorporates the curbs, lawn strips, sidewalks, lighting, and drainage facilities and may include special features such as grade separation, landscaped areas, viaducts and bridges.
(125) ROOF SIGN: A sign erected upon and located completely above the roof of a building.
(126) SATELLITE DISH: A signal receiving device whose purpose is to receive or send communications or signals from earth-orbiting satellites or other sources.
(127) SCREENING: A neat, orderly and healthy screen of plant material not less than three feet high with an expected normal growth of at least five feet in height protected by a galvanized fence at least five feet in height. A wooden or masonry fence or other landscaping may be substituted for the screen and wire link fence when appropriate.
(128) SIGN: A structure or device designed or intended to convey information to the public in written or pictorial form.
A. A flashing sign is an illuminated sign of which artificial light is not maintained stationary and constant in intensity and color at all times when in use.
B. An illuminated sign is a sign designed to give forth any artificial light deriving from any source which is intended to cause such light or reflection.
(129) SIMILAR USE: A use not otherwise described in this Ordinance found by the Commission to be substantially similar to a permitted use or a conditionally permitted use.
(130) SCHOOL: A publicly or privately owned facility providing full or part time instruction and training; to include elementary, middle and high schools, colleges, and studios providing instruction.
(131) SECONDARY SIGN: A sign typically advertising special services or public announcements such as time and temperature, located on a separate sign below the main sign.
(132) SETBACK LINE: A line parallel, or nearly parallel with and measured from the established right-of-way line, defining the limits of a yard in which no building, including any accessory buildings or structures like detached garages and in-ground pools may be located.
(133) SHOPPING CENTER: A grouping of retail businesses and service uses on a single site.
(134) SPECIFIED ANATOMICAL AREAS: As used in this Ordinance, specified anatomical areas mean and includes any of the following: less than completely and opaquely covered human genitals, pubic region, buttocks, anus, or female breasts below a point immediately above the top of the areola; or human male genitals in a discernibly turgid state, even if completely and opaquely covered.
(135) SPECIFIED SEXUAL ACTIVITIES: As used in this Ordinance, specified sexual activities means and includes the following; the fondling or other erotic touching of human genitals, pubic region, buttocks, anus, or female breasts; sex acts, normal or perverted, actual or simulated, including intercourse, oral copulation, sodomy, masturbation, actual or simulated; excretory functions as part of or in connection with any of the activities outlined in this clause.
(136) STRIP SHOPPING CENTERS: A grouping of retail businesses and service uses on a single site with common pedestrian exterior walking areas and common parking facilities.
(137) STORY:
A. Story: The portion of a building included between the surfaces of any floor and the surface of the next floor above it, or if there is no floor above it, then the space between the floor and the ceiling next above it.
B. Half-Story: A space under a sloping roof which has the line of intersection of roof decking and wall face not more than three feet above the top floor level, and in which space not more than two-thirds of the floor area is finished off for use.
(138) STREET: All property dedicated or intended for public or private use for passage or travel of motor vehicles.
(139) STRUCTURE: Anything built or constructed which requires a permanent location on any given lot, other than landscaping. Structures include but are not limited to buildings, pools, tennis courts, storage facilities, parking lots, substantial roadside stands, monuments, statutes, flagpoles and signs.
(140) TEMPORARY SIGN: A display, informational sign, banner, or other advertising device constructed of cloth, canvas, fabric, wood, or other temporary material, with or without a structural frame, and intended for a limited period of display including decorative displays for holidays or political campaigns.
(141) TRAVEL TRAILER: A non-self propelled recreational vehicle not exceeding 45 feet in length, exclusive of bumper and tongue or coupling, including tent type or fold out type.
(142) USE: The specific purposes for which a building or land is designated, arranged, intended or maintained. In the classification of uses, a use may be a use as commonly understood or the name of an occupation, business, activity or operation carried on in a building or on a premises, or the name of a building, place, or thing of which the name identifies its intended use.
(143) USEABLE FLOOR AREA: The areas of all floors of a building, including basement, penthouse, enclosed porches, atriums, mezzanines, or attic story that is used for human occupancy. The useable floor area also includes the elevator shafts and spaces used for mechanical equipment with head room of six feet, six inches or more. Useable floor area does not include cellars or unenclosed porches unless access is limited or an outdoor use is planned, or attics not used for human occupancy or any floor space in accessory buildings or the main building designed for the parking of motor vehicles.
(144) VARIANCE: A variance is defined as a modification of the strict terms of the relevant regulations of this Ordinance where such modification will not be contrary to the public interest and where owing to conditions peculiar to the property and not the result of the action of the applicant, a literal enforcement of this Ordinance would result in unnecessary and undue hardship.
(145) WAREHOUSE: Any building or structure which is limited to the storage of equipment or material.
(146) WIRELESS TELECOMMUNICATIONS EQUIPMENT SHELTER: A structure in which electronic receiving and relay equipment for a wireless telecommunications facility is housed.
(147) WIRELESS TELECOMMUNICATIONS FACILITY: A facility consisting of the equipment and structures involved in receiving telecommunications or radio signals to a central switch computer which connects the mobile unit with land-based telephone lines.
(148) WIRELESS COMMUNICATIONS TOWER: A structure intended to support equipment used to transmit and/or receive telecommunication signals including monopoles, guyed, and lattice construction steel towers.
(149) YARD: Any open space located on the same lot with a building, unoccupied and unobstructed from the ground up, except for accessory buildings or such projections as are expressly permitted in these regulations. The minimum depth or width of a yard will consist of the horizontal distance between the lot line and the nearest point of the foundation wall of the main building.
(150) ZONING ADMINISTRATOR: For the purpose of this Ordinance, Zoning Administrator and Administrator have the same meaning, and identify the Individual designated by Council to enforce this Ordinance.
(151) ZONING MAP or MAP: The zone map for the Village of Gibsonburg.
(152) ZONING ORDINANCE: Part 11 of the Codified Ordinances of the Village of Gibsonburg.
(153) ZONING PERMIT: A document issued by the Zoning Administrator authorizing the use of lots, structures, use of land and structures, and the characteristics of the uses. (Ord. 30-2007. Passed 12-20-07.)