As used in this Zoning Code, the following terms, unless a contrary meaning is required by the context or is specifically prescribed, shall have the meanings given in this section:
(1) "Accessory structure" means a detached structure (such as a fence, driveway, wall, shed, garage, parking place, deck, pole, tower, swimming pool, satellite dish or billboard) that is subordinate to, incidental to and/or supportive of a principal use on the same lot.
(2) "Accessory use" means a use (such as a swimming pool, garden, driveway, dirt racing oval, patio, temporary outdoor sales activity, shed, home occupation or garage) that is subordinate to, incidental to and/or supportive of a principal use on the same lot.
(3) "Addition" means any extension or enlargement of a building or other principal use which, when added to a legally existing use, will have at least fifty percent of the adjoining wall as a common wall, based upon the foundation measurement of such common wall.
(4) "Adjacent" means abutting property, except where separated by a street or alley.
(5) "Adult entertainment business" means a book store, motion picture theater and/or entertainment establishment that offers adult material for viewing and/or sale on fifteen percent or more of its floor area or for fifteen percent or more of its viewing time in any month.
(6) "Adult material" can mean items such as a book, magazine, newspaper, pamphlet, poster, print, picture, slide, transparency, figure, image, description, motion picture or cassette tape, plus phonographic records, compact discs or tapes.
The term "adult material" also includes any service that is capable of arousing sexual interest through sight, sound and/or touch and which item and/or service is distinguished or characterized by an emphasis on matter displaying, describing and/or representing sexual activity, sexual excitement, nudity, bestiality and/or human bodily functions of elimination.
The term "adult material" also includes certain entertainment that is capable of arousing sexual interest, such as exhibitions, dance routines or gyrational choreography of persons who are topless, bottomless, totally nude and/or strippers; male or female impersonators; and similar entertainment.
(7) "Agriculture, commercial" means the use of land for farming, dairying, pasturage, apiculture, horticulture, floriculture, viticulture, animal and poultry husbandry and/or a feedlot, plus necessary nonprocessing accessory uses, including packing, treating and/or storing the produce or product.
The term "commercial agriculture" does not include the feeding of garbage to animals, nor does it include the operation or maintenance of a commercial stockyard, butchery or slaughteryard.
The term "commercial agriculture" does not include persons who sell (and/or process, mix and/or store for later sale) agriculture-related supplies and/or similar items (such as fertilizer, feed, farm chemicals, etc.) to commercial agricultural, residential agricultural or any other kinds of operations.
(8) "Agriculture, residential" means the practice of agriculture on a residential lot for use or consumption of the residents of the lot and where no product is sold, bartered and/or exchanged for anything of value.
The term "residential agriculture" does not include the keeping, boarding, pasturing or raising of equestrian animals, llamas or other exotic animals, provided, however, that exceptions may be made by the Zoning Administrator for short-term usage such as 4-H or FFA animal projects.
(9) "Airport" means any runway, landing area or other facility used by any person for the landing or take-off of aircraft, including helicopters. The term "airport also includes all necessary taxiways, aircraft storage and tie-down areas, control towers, hangars and other normally necessary structures, plus related open spaces.
(10) "All-weather surface" means any relatively smooth surface that provides a stable and cleanable surface in all weather conditions, such as asphaltic or bituminous materials, brick, concrete or cement and/or similar materials, but not including grass, dirt, gravel and/or similar materials.
(11) "Alley" means a minor street used primarily for vehicular service access to the back or side of properties fronting on another street.
(12) "Alterations, structural" means any change in the supporting members of a structure (such as bearing walls, columns, beams and/or girders).
(13) "Amusement arcade" means a place having more than five amusement devices, whether manually, mechanically and/or electronically operated.
(14) "Amusement device" means an apparatus that is used for the purpose of public entertainment, such as the use or play of any table game, pinball machine, electronic game, juke box, amusement devices meant to be ridden by pre-school age children (such as mechanical horses, automobiles and carousels), electrical musical instruments or devices or any similar device).
Generally, an amusement device is operated by payment of a fee (such as an admission fee or a coin, plate, disc, slug, key or token). A vending machine that merely accepts money or a token in exchange for a product and is not played or manipulated at any time is not an amusement device.
(15) "Apiculture" means the practice of bee-keeping. Refer to subsection (7) hereof (Agriculture, commercial) for land uses allowed.
(16) "Automobile service station" means the land, building and accessory structures where the primary activity is the sale of motor vehicle fuels. A gasoline service station is an automobile service station. In addition, motor vehicle repair services and parts installation services may be sold. The sale of food, drink, convenience items, maps and other informational material, plus the provision of rest room facilities, is also included. An automobile service station is not a motor vehicle repair facility.
(17) "Basement" means a part of a building that has a floor and a ceiling and where at least fifty percent of the floor to ceiling height is below the average level of the surrounding ground.
(18) "Bed and breakfast facility" means the provision of lodging and breakfast for compensation to unrelated individuals. Not included are boarding houses, rooming houses, dormitories, hotels, motels, lodges and restaurants. A bed and breakfast facility is a place of transient sojourn.
(19) "Bestiality" means sexual activity between a person and a lower animal.
(20) "Blood, related by" means a genealogical relationship wherein people share a common ancestor. For purposes of this Zoning Code, the common ancestor shall be not more than three generations removed from the youngest of the living people, whether determined vertically (for example, a parent, grandparent and great grandparent) or horizontally (for example, an aunt, first cousin and second cousin).
(21) "Board" means the Board of Zoning Appeals of the City of London, Ohio.
(22) "Boarding house" means the provision of meals and lodging to unrelated individuals for compensation in a residential type of structure. Not included are bed and breakfast facilities, rooming houses, dormitories, hotels, motels, lodges and restaurants.
(23) "Bottomless" means less than a full opaque covering of male or female genitals, the pubic area and/or buttocks.
(24) "Building" means any structure used for the shelter, occupancy, support, enclosure and/or protection of persons, animals, chattels and/or property.
(25) "Building, accessory" means a building that is accessory to a principal use, as a garage is an accessory building to a house.
(26) "Building, detached" means a building having no party wall in common with another building.
(27) "Building, height of" means the vertical distance measured from the average elevation of the finished grade at the front of a building to the highest point of the building, not including antennas, chimneys and similar projections.
(28) "Building line" means an imaginary line (generally parallel with, and measured from, the front line) that defines the depth of the required front yard. The building line is also known as the setback line.
(29) "Building, principal" means a building on which the principal or main use of the lot is conducted.
(30) "Building, semi-detached" means a building having one party wall in common with an adjacent building.
(31) "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.
(32) "Business, convenience" means a commercial establishment (including restaurants, convenience stores, retail bakeries and dry cleaners) that tends to be small (less than 3,000 square feet of gross floor area) and that tends to serve the day-to-day varied merchandise shopping needs of a neighborhood. Generally, such establishments can be located in or near residential areas without creating undue traffic congestion, excessive noise or other objectionable impacts on the residential area.
(33) "Business, drive-in" means any customer-oriented use catering primarily to vehicular trade, such as drive-in restaurants, drive-in theaters, car washes and drive-in banks, where the customer can be served without leaving the vehicle.
(34) "Business, general" means a commercial use that typically supplies the more basic retail product needs of the entire community, such as stores that sell hardware, apparel, footwear, appliances and furniture; discount stores; and department stores.
The term "general business" also includes businesses with 3,000 square feet or more of gross floor area that supply the weekly merchandise needs of the community, such as drug stores and supermarkets. Restaurants (except drive-in) and bars are also included.
The term "general business" also includes mail order and/or catalog sales facilities wherein merchandise is bought from and sold primarily by catalog or direct mail advertising.
(35) "Business, highway" means a commercial enterprise that tends to serve the motoring public and, thus, generally requires a location on or near major thoroughfares and/or their intersections, such as gasoline filling stations and motor vehicle sales and service, plus hotels, motels and restaurants.
(36) "Business, office-type" means a quasi-commercial or service-type use that provides primarily intangible services, including uses such as accounting, legal, administrative, executive, professional, writing, clerical, stenographic and drafting.
The term "office-type business" also includes institutional offices of a charitable, philanthropic, fraternal, religious or educational nature. The office work of a manufacturing, warehousing and/or distribution facility is not considered to be an office-type business under this Zoning Code.
(37) "Business services" means any activity that provides primarily repair and/or maintenance kinds of services for nonresidential enterprises or for appliances, machines and other items used in residences.
(38) "Business, wholesale" means a business establishment that generally sells commodities in large quantities to retailers, other wholesale establishments, jobbers or manufacturers. These commodities are usually for further resale at retail, for use in the manufacturing of a product or for use by a business.
(39) "Car wash" means a separate facility or one located on the same lot as a gasoline service station that uses hand labor, mechanical and/or power sprays of water or other means to clean, wax and/or vacuum motor vehicles.
(40) "Cemetery" means land dedicated to, and used for, the burial of human or animal dead, plus, if located on the cemetery land, related structures, such as mausoleums, headstones, maintenance buildings and temporary burial canopies.
(41) "Channel" means any watercourse of perceptible extent that has a bed and banks to conduct continuously or periodically flowing water.
(42) "Child" means a person younger than eighteen years of age.
(43) "Church" means a structure in which religious worship services are held.
(44) "City" means the City of London, Ohio.
(45) "City Auditor" means the Auditor of the City.
(46) "City Engineer" means the City's engineer, or that person designated by the City to act in that capacity.
(47) "Clear sight zone" means the three-dimensional space that is located between two and ten feet above rights of way and that extends from the intersection of street and/or alley rights of way along the right of way in two directions to two end-points that are located twenty-five feet away from the intersection and then extends between the two end-points. For a curved street that has an interior angle of less than 135 degrees that defines the lot as a corner lot, the intersection is defined as the vertex of the lines used to measure the degrees.
(48) "Clinic" means a place used for the diagnosis, treatment and/or care of sick, ailing, infirm or injured persons or for persons who receive medical and/or surgical attention but where no persons are kept overnight.
(49) "Club" means a place operated for a social, literary, political, educational or recreational purpose, primarily for the exclusive use of members and their guests.
(50) "Commission" means the Planning Commission of the City.
(51) "Comprehensive Plan" or "Comprehensive Development Plan" means the Comprehensive Development Plan for the City adopted by Resolution 223-93, passed October 21, 1993, which Plan shows the general location and extent of present and proposed physical facilities, housing, land uses (such as industrial and commercial), major thoroughfares, parks, schools and other community facilities. This Plan establishes the goals, objectives and land development policies of the community.
(52) "Conditional use" means a use specified by this Zoning Code as conditionally allowable in the zoning district for which the conditional use is proposed to be located and which requires approval of the Board of Zoning Appeals and the issuance of a conditional use permit.
(53) "Conditional use permit" means a permit issued by the Zoning Administrator, after approval by the Board of Zoning Appeals, to allow a conditional use specified in this Zoning Code as conditionally allowable for the zoning district in which the conditional use is proposed to be located.
(54) "Condominium" means a multi-unit structure or structures that may be residential, commercial and/or industrial in character, the units of which are individually owned.
(55) "Corner lot" means a lot abutting two or more streets or two parts of the same street. The term "corner lot " also means a lot abutting a curved street or streets if an interior angle of less than 135 degrees is formed. The interior angle is determined by drawing straight lines from the intersections of the respective side lot lines (extended straight to the nearest edge of the road surface) with the road surface to a point along the road surface that is equidistant between the side lot lines at the road surface.
(56) "Council" means the City Council of London, Ohio.
(57) "Court area" means an unoccupied open area enclosed on more than one-half of its perimeter by walls.
(58) "Dairying" means the raising of dairy cattle and the harvesting, processing and wholesale sale of their milk.
(58A) "Credit Union" means a organization providing limited financial services for members who may or may not be employees of a contiguous employer.
(59) "Day-care" means administering to the needs of persons (for any part of a day, but not for an entire day) in a place other than the person's home and where such administering is done by people other than guardians, custodians and/or those related by blood, marriage and/or adoption.
(60) "Day-care center, adult" means a place (other than a nursing home, clinic or hospital) where day care is provided to persons eighteen years of age or older. The needs of persons under eighteen years of age might also be administered to.
(61) "Day-care center, child" means a place (other than a nursing home, clinic or hospital) where day care is provided to children. The needs of persons eighteen years of age or older might also be administered to.
A child day-care center does not include a residence in which the needs of persons are administered to, if all of the persons in the residence are in one family, as defined by this Zoning Code.
In counting children, any child under six years of age who is related to a licensee, administrator, provider and/or employee by blood, marriage, adoption, guardianship and/or custodianship shall be counted.
There are four types of child day-care centers:
A. "Type A" means any place where day care is provided (with or without compensation) for thirteen or more children at any one time.
B. "Type B" means any place that is not the permanent residence of the licensee or administrator in which day care is provided (with or without compensation) for seven through twelve children at any one time.
C. "Type C" means a permanent residence of the administrator or provider where day care is provided (with or without compensation) for four through twelve children at any one time, if four or more children are under the age of two.
D. "Type D" means a permanent residence of the administrator or provider where day care is provided (with or without compensation) for one through six children at any one time, if three or fewer children are under the age of two.
(62) "Density" means the number of dwelling units per acre of land.
A. "Gross density" means the number of dwelling units per acre of the total land to be developed or that has been developed.
B. "Net density" means the number of dwelling units per acre of land (to be developed or that has been developed) when the acreage involved includes only the land devoted to residential uses and excludes streets and other nonresidential areas.
(62A) "Developer" means an individual who proposes a development as defined within this Code and who is not also defined as a subdivider.
(62B) "Development" means a development that is not subject to subdivision regulations and that is business, industrial or multifamily housing in nature.
(63) "Director" means the Director of the Ohio Department of Transportation, or its successors. The Director is also known as the Ohio Director of Transportation or the Ohio Transportation Director.
(64) "Dish antenna" means a satellite signal receiving antenna that may be saucer or dish-shaped, spherical, parabolical or of another shape, usually including a low-noise amplifier and a coaxial cable.
(65) "Distribution facility" means a freight and/or delivery company facility where trucks, airplanes and/or rail cars arrive and/or depart with items that have a final destination other than the premises of the terminal. A distribution facility is distinguished from a manufacturer by the fact that, in a distribution facility, the items are unchanged between arrival and departure, except for their packaging. A distribution facility is also known as a terminal.
(66) "District, zoning" means a geographic area within the City established by this Zoning Code in order to regulate the land use.
(67) "Dormitory" means a facility that provides lodging (but not meals) for compensation to unrelated individuals. The term "dormitory" does not include bed and breakfast facilities, boarding houses, rooming houses, hotels, motels, lodges and/or restaurants.
(68) "Double frontage lot" means a lot (other than a corner lot) with frontage on two streets.
(69) "Drive-in business" means any vehicle-oriented use (such as a drive-in restaurant, drive-in theater, car wash and drive-in bank) where the customer can be served without leaving the motor vehicle.
(70) "Dwelling" means any structure and/or part of a structure (except a house trailer or mobile home, as defined by Ohio R.C. 4501.01) that is wholly or partially used as a residence by one or more persons.
(71) "Dwelling, row" means a building having a party wall on each side in common with an adjoining building, unless it is situated as the outermost building. In the latter case, it will have a party wall on one side only.
(72) "Dwelling unit" means a space (within a structure) that a family (as defined by this Zoning Code) uses as a residence. All areas within a dwelling unit are accessible from all other areas within the dwelling unit. Typical dwelling units include the following:
A. "Single-family dwelling" means a structure containing only one dwelling unit.
B. "Two-family dwelling" means a structure containing only two dwelling units.
C. "Multifamily dwelling" means a structure containing three or more dwelling units.
(73) "Easement" means authorization by a property owner for a person to use a designated portion of that property for a specified purpose.
(74) "Educational institution" means a school, institute, college or university providing general academic instruction equivalent to standards prescribed by the Ohio Department of Education or its successors.
(75) "Establishment" means a building or structure used for commercial or industrial purposes, including stores, shops, plants, factories, warehouses, wholesale houses, offices and the like.
(76) "Factory-built housing" means a factory-built structure designed for long-term residential use, the components of which are essentially constructed or assembled prior to its delivery to, and installation upon, a site. For the purposes of this Zoning Code, factory-built housing shall include the following:
A. "Manufactured home" means any nonself-propelled vehicle that:
1. Is transportable in one or more sections;
2. Has a gross floor area of 320 or more square feet;
3. Is built on a permanent chassis;
4. Is designed to be used as a permanent dwelling unit (with or without a permanent foundation), when connected to the required utilities, and contains the necessary plumbing, heating, air conditioning and electrical systems within it; and
5. Bears a label certifying that it is built in compliance with the Federal Manufactured Housing Construction and Safety Standards Act.
B. "Modular home" means factory-built housing certified as meeting the State Building Code as such Code applies to modular housing. Once certified by the State, modular homes shall be subject to the same standards as site-built homes.
C. "Mobile home" means a transportable, factory-built home that is designed to be used as a year-round residential dwelling and was built prior to enactment of the Federal Manufactured Housing Construction and Safety Standards Act of 1974 (which became effective June 15, 1976) or was built subsequent to such Act but is not certifiable as being in compliance with the Act.
(77) "Family" means one or more persons who occupy a dwelling unit and who satisfy one of the following two conditions:
A. All of the persons are related by guardianship, custodianship, blood, marriage and/or adoption; or
B. There are five or fewer persons in the dwelling unit, if one or more persons are not related to all other persons in the dwelling unit by guardianship, custodianship, blood, marriage and/or adoption.
(78) "Farm" means an area which is used for the growing of the usual farm products, such as grains, fruits, vegetables and tobacco, and their parking or storage within the area, as well as the raising and breeding of farm animals and poultry, including, but not limited to, cattle, sheep, horses and swine. The term "farm" includes the operating of such an area for one or more of the above uses, including dairy farms. The necessary accessory uses shall be secondary to that of the normal farming activities.
(78a) “Farmer’s Market” means for seasonal sales of agricultural and/or horticultural products including fruits; vegetables; proceed fruit and vegetable products; live plants; eggs; meats; dairy products; hiding, pelts and other animal products; and edible products derived from any of the above.
(79) "Farming" means the raising of crops and/or livestock.
(80) "Feedlot" means a fenced and/or walled area used for fattening livestock and/or holding livestock for shipment.
(81a) "Fence" means a barrier that prevents or is meant to prevent escape, that prevents or is meant to prevent intrusion and/or that marks or is meant to mark a boundary.
(81b) "Ornamental fence" is constructed for its beauty or decorative effect, when viewed at right angles and enclosing the outline of all parts of the fence in its vertical plane, has an open face area of at least 30 percent. Ornamental fence shall not include farm fence, chain link or a privacy fence. Ornamental fence shall include, but not limited to:
A. Rail or split rail fence means the fence is constructed of narrow, whole or split, wooden timbers or vinyl place horizontally between upright supporting posts.
B. Picket fence means a fence made of upright poles or slats that alternate with an open face.
C. Aluminum, iron or steel fence means a fence constructed of narrow poles that are placed vertically and horizontally to resemble a fence that would be considered antique or historical.
D. Masonry fence constructed of screen block design or breeze blocks.
(82) "Fertilizer facility" means any facility for the mixing, manufacture, distribution and/or storage, for off-site use, of chemicals used in farm and/or residential fertilizers (including pest and weed killers). The term "fertilizer facility" also includes the cleaning of the machinery, equipment, implements and/or apparatus that is used in the mixing, manufacture, distribution and/or storage, for off-site use, of chemicals used in farm and/or residential fertilizers (including pest and weed killers).
(83) "Flood plain" means any land subject to inundation by a 100-year flood, as defined by the U.S. Army Corps of Engineers or as mapped by the National Flood Insurance Program of the Federal Emergency Management Agency, or by their successors.
(84) "Floor" means the bottom or lower part of a room on which one stands. The term "floor" does not include basement areas used for storage, heating and cooling systems, washer-dryer areas and similar nonresidential uses.
(85) "Floor area" means the gross floor area of a structure.
(86) "Floor area, gross" means the sum of the gross horizontal areas of all floors in a structure, as measured between the exterior faces of the exterior walls of the structure.
(87) "Floor area, net" means the available, or net, floor area after subtracting non-usable areas (such as interior walls, stairs and elevator shafts) from the gross area.
(88) "Floor area, usable" means the net floor area of a structure.
(89) "Floriculture" means the cultivation of ornamental and/or flowering plants. Refer to subsection (7) hereof (Agriculture, commercial) for land uses allowed.
(90) "Food processing" means the preparation, storage or treatment of food products, such as by bakeries, dairies, butcher shops, canneries and similar activities.
(91) "Foster home" means, typically, a home where parental care is given to unrelated individuals. A foster home is also known as a group residential facility (Type I, Class A or B).
(92) "Front lot line" means the property line delineating the lot frontage along a public right of way or, where there is no public right of way, an imaginary line along a sidewalk or street surface, whichever is closer to the principal structure.
(93) "Front yard" means a yard extending between the side lot lines from the front lot line to the building line (setback line).
(94) "Funeral home" means a structure with facilities for the preparation of the dead (whether human or animal) for burial or cremation, including areas for viewing of the dead and/or for funeral services.
(95) "Garage, private" means a fully enclosed structure (whether attached or detached) that is used mainly for the parking and/or storage of motor vehicles and may include the storage of household and lawn maintenance items.
(96). "Garage, public" means a detached principal structure, a detached accessory structure or a portion of a principal building that is available to the public and that is used for the parking or storage of motor vehicles, with or without a fee. Facilities that provide maintenance, repair and/or similar motor vehicle services are not included in this definition.
(97) "Garden apartment" means a dwelling unit in a multistory, walk-up apartment building, usually grouped with similar dwelling units around a common open space, with off-street parking provided on the periphery of the site.
(98) "Gasoline service station" means the land, building and accessory structures where the primary activity is the sale of motor vehicle fuels. An automobile service station is a gasoline service station. In addition, motor vehicle repair services and parts installation services may be sold. The sale of food, drink, convenience items, maps and other informational material, plus the provision of rest room facilities, is also included. A gasoline service station is not repair garage or a body shop.
(99) "Green space" means any nonagricultural uncovered area, open to the sky, containing only vegetative cover, shrubs and/or trees.
(100) "Greenhouse, commercial" means a structure whose roof and sides are made of glass or other translucent material in which the temperature and humidity can be regulated for the cultivation of delicate or out of season plants for sale. Also included are accessory structures such as hothouses, lattice work covers, cold frames, seed beds and other facilities for the growing of plants. A commercial greenhouse is not a nursery.
(101) "Greenhouse, noncommercial" means a structure whose roof and sides are made of glass or other translucent material in which the temperature and humidity can be regulated for the cultivation of plants for home consumption by the property owner or tenant unless a conditional use permit for short-term sale of plants as a home occupation is obtained. Also included are accessory structures such as hothouses, lattice work covers, cold frames, seed beds and other facilities for the growing of plants. A noncommercial greenhouse is not a nursery.
(102) "Group residential facility" means any residential facility that is licensed, approved and/or regulated by a governmental agency to provide rehabilitative or habilitative services. A group residential facility does not include a nursing home, home for the aged, rest home, county home or sheltered housing for older adults. The two classes of group residential facilities are as follows:
A. "Class I" means any State, Federal or locally approved dwelling place used as a foster home for children or adults (not including nursing homes) or as a home for the care or rehabilitation of dependent or predelinquent children, the physically handicapped or disabled or those with developmental disabilities or mental illnesses, and includes the following:
1. "Class I Type A" means a Class I group residential facility that contains six or more residents, exclusive of staff.
2. "Class I Type B" means a Class I group residential facility that contains five or fewer residents, exclusive of staff.
B. "Class II" means any State, Federal or locally approved dwelling or place used as a home for juvenile offenders; a halfway house providing residential care or rehabilitation for adult offenders in lieu of institutional sentencing; a halfway house providing residence for persons leaving correctional institutions; or residential rehabilitation centers for alcohol and drug users, provided that detoxification is expressly prohibited on such premises.
1. "Class II Type A" means a Class II group residential facility that contains six or more residents, exclusive of staff.
2. "Class II Type B" means a Class II group residential facility that contains five or fewer residents, exclusive of staff.
(102A) "Gun shop" means the use of a building for the sale, retail or wholesale, of firearms, repair of firearms, ammunition sales and/or the sale of other supplies associated with the use of firearms for recreation and/or housing
(103) "Health Department" means the Ohio Department of Health and the Madison County/London City Health Department.
(104) "Height of building" means the vertical distance measured from the average elevation of the finished grade at the front of a building to the highest point of the building, not including antennas, chimneys and similar projections.
(105) "Historical area" means a district or zone designated by a local authority and/or by the State and/or Federal Governments because the buildings, structures, appurtenances and places are of basic and vital importance because of their:
A. Association with history;
B. Unique architectural style and scale (including materials, proportion, form and detail); and/or
C. Being a part of, or related to, a square, park or area, the design or general arrangement of which should be preserved and/or developed according to a fixed plan, based on cultural, historical or architectural motives or purposes.
(106) "Home occupation" means an accessory use that is an activity, profession, occupation, service, craft or revenue producing hobby that is clearly incidental to and subordinate to the use of the premises as the person's dwelling unit and does not have any significant effect on any properties in the neighborhood.
(107) "Horticulture" means the science and art of growing fruits, vegetables, flowers and/or ornamental plants. Refer to subsection (7) hereof (Agriculture, commercial) for land uses allowed.
(107A) "Hospice Care Facility" means a facility providing temporary room, board, and/or medical care for the terminally ill, and family members and caregivers engaged in caring for the terminally ill.
(108) "Hotel" means a building where transient or short-term sleeping and/or living accommodations are provided and offered to the public for compensation. An incidental restaurant, bar and/or recreation, health and/or fitness facility, intended primarily for use by the occupants, may be provided. A hotel is a place of transient sojourn.
(109) "Household" means the individual person or group of people who or that lives together in a dwelling unit.
(110) "Husbandry, animal and poultry" means the control and management of animals and/or poultry for their products and/or services, excluding cats, dogs and/or birds.
(111) "Institution" means a building and/or land used by a governmental agency to aid persons in need of mental, therapeutic and/or rehabilitative counseling, and/or other correctional services on an extended-stay basis.
(112) "Interior lot" means a lot with frontage on only one street.
(113) "Junk building, shop and/or yard" means any structure and/or lot where used materials (including used building or construction materials), items (used newspapers and/or metal, glass and/or plastic containers, as collected in a recycling center) and/or machinery, wrecked motor vehicles and/or similar objects, are collected, stored and/or sold. Antiques fifty or more years old are not included.
(114) "Land Use Plan" means that portion of the Comprehensive Plan showing the long-range and most desirable uses of the lands within the City, as adopted by the Planning Commission and Council.
(115) "Loading space" means an on-premises and off-street area that is located entirely outside of any street or alley rights of way, plus is sited logically and conveniently for the temporary loading and unloading of commercial vehicles making pick-ups and/or deliveries to a principal building. A loading space is never an off-street parking space.
(116) "Location map" means a drawing that sets forth, by dimensions and directions, the relationship of a proposed land use to the surrounding area and the community facilities and services of the City.
(117) "Lodge" means a resort hotel. A lodge is a place of temporary sojourn.
(118) "Lot" means a parcel of land, with frontage on a public street or approved private street, that is of sufficient size to meet the minimum requirements of this Zoning Code, such as use, coverage, area, yard and similar requirements. A lot is also known as a parcel or plot.
(119) "Lot area" means the horizontally projected (as on a map) area of a lot, exclusive of street rights of way and exclusive of grade, elevation or other topographic relief.
(120) "Lot coverage" means the total ground area covered by all structures on a lot, divided by the lot area and expressed as a percentage. This coverage prevents the natural percolation of rainwater and snow melt into the ground.
(121) "Lot depth" means the distance between the mid-point of a straight line drawn to connect the two intersections of the side lot lines with the public right of way and the mid-point of a straight line drawn to connect the rear-most points of the side lot lines. If there is no public right of way, the sidewalk or street, whichever is closer to the structure, shall be used in determining the lot depth. Generally, lot depth is the distance between the front lot line and the rear lot line.
(122) "Lot frontage" means the portion of a lot adjacent to the public right of way. Where there is no public right of way, the portion of a lot adjacent to a sidewalk or to a street, whichever is closer to the principal structure, is frontage. For corner lots and through lots, all sides of the lot so adjacent are frontage.
(123) "Lot of record" means a lot that is part of a subdivision recorded in the office of the County Recorder or a parcel of land described by metes and bounds and recorded with the County Auditor.
(124) "Lot width" means the length of a building (setback) line when extended to the side lot lines.
(125) "Maintenance facility" means land and structures devoted primarily to the maintenance and storage of construction and/or maintenance equipment and/or materials for later use (retail sale is not included).
(126) "Major Thoroughfare Plan" means the part of the Comprehensive Plan that indicates the general location and character of arterial, collector and local roads in the City, as adopted by the Planning Commission and Council. The Major Thoroughfare Plan is also known as the Thoroughfare Plan.
(127) "Manufactured home" means any nonself-propelled vehicle that is transportable in one or more sections; that contains at least 320 square feet of gross floor area; that is built on a permanent chassis; that is designed to be used as a dwelling unit (with or without a permanent foundation) when connected to the required self-contained utilities (including the plumbing, heating, air conditioning and electrical systems); and that bears a label certifying that it is built in compliance with the Federal Manufactured Housing Construction and Safety Standards Act.
(128) "Manufactured home park" means any unsubdivided lot that has been designed and/or developed for use by manufactured homes, upon which three or more manufactured homes used for habitation are parked, including any related roadway, structure, parking area or enclosure used as a part of the facilities of such park.
A lot that is subdivided into lots for sale for the purpose of installation of manufactured homes on the lots is a residential subdivision, not a manufactured home park, even though three or more manufactured homes are parked on the lots. The term "manufactured home park" does not include any lot used solely for the storage and/or display for sale of manufactured homes.
(129) "Manufacturing, heavy" means manufacturing, processing, assembling, storing, testing and similar industrial activities that, generally, are major operations and extensive in character; usually require large sites, open storage and service areas, extensive services and facilities, plus ready access to regional transportation; and may generate noise, smoke, vibration, dust, glare, air pollution, water pollution and/or other emissions.
(130) "Manufacturing, light" means manufacturing or other industrial uses that are usually controlled operations and that are relatively clean, quiet and free of objectionable or hazardous elements, such as smoke, noise, odor or dust, operating and storing within enclosed structures and generating little traffic.
(131) "Marriage, related by" means a legal relationship wherein people become related due to marriage. For purposes of this Zoning Code, only a spouse's blood-related and/or adoptive father, mother, sister and brother are related by marriage to the other spouse or to the spouse's children.
(132) "Mausoleum" means a building for the entombment of the dead above ground. Mausoleums can be located only in cemeteries.
(133) "Mineral extraction" means any mining, quarrying, excavating, processing, storing, separating and/or cleaning of any mineral resource. The selling on premises of these minerals is included.
(134) "Mobile home" means a transportable, factory-built home that is designed to be used as a year-round residential dwelling and that was built prior to the enactment of the Federal Manufactured Housing Construction and Safety Standards Act of 1974 (which became effective June 15, 1976) or that was built subsequent to such Act but is not certifiable as being in compliance with such Act. Generally, a mobile home exceeds a gross weight of 4,500 pounds and an overall length of thirty feet.
(135) "Mobile home park" means any parcel of land under single ownership or management that has been designed and/or developed for use by mobile homes, upon which three or more mobile homes are placed. A mobile home park includes any roadway, building, structure, parking area and/or enclosure used as a part of the mobile home park.
(136) "Modular home" means factory-built housing certified as meeting the requirements of the State Building Code for modular housing.
(137) "Mortuary" means a structure in which dead bodies (whether human or animal) are kept until burial.
(138) "Motel" means a building where short-term sleeping and/or living accommodations are provided and offered to the public for compensation. An incidental restaurant, bar and/or recreation, health and/or fitness facility, intended primarily for use by the occupants, may be provided. A motel is a place of transient sojourn.
(139) "Motor vehicle" means any means of travel and/or conveyance on land or water, including cars, trucks, recreational vehicles, travel trailers, boats, motorcycles, snowmobiles and all-terrain vehicles. The term "motor vehicle" also includes trailers that are pulled by a motor vehicle.
(140) "Motor vehicle repair" means the repair, rebuilding or reconditioning of motor vehicles and/or parts of motor vehicles, including collision service, painting and steam cleaning.
(141) "Motor vehicle sales and/or rental" means the sale and/or rental of new and/or used motor vehicles, all of which shall be displayed and sold on the same premises. Motor vehicle parts might also be sold and/or installed on the premises.
(142) "Motor vehicle wrecking" means the dismantling and/or wrecking of motor vehicles and/or the storage, sale and/or dumping of their parts.
(143) "Nonconformity" means a use existing at the time of enactment of this Zoning Code (or its amendments) that does not conform to the regulations of the district or zone in which it is situated and is, therefore, incompatible but permitted to continue for the period provided in this Zoning Code.
(144) "Nude or nudity" means the showing, representation and/or depiction of human male or female genitals, the pubic area and/or buttocks with less than a full opaque covering of any portion of them; female breasts with less than a full opaque covering of any portion of a breast below the top of the areola; and/or covered male genitals in a discernibly turgid state.
(145) "Nursery" means any land and/or structure used for the storage, cultivation and/or transplanting of trees, shrubs and/or plants that are sold at retail and/or wholesale on and/or off the premises. A nursery might also sell related non-plant products for gardening and/or landscaping.
(146) "Nursing home" means a State-licensed facility for chronically ill, aged or incurable persons in which three or more persons (unrelated by blood, marriage, guardianship, custodianship and/or adoption to the operators of the facility) are provided with long-term room, board and/or medical care, normally for periods exceeding two weeks.
The term "nursing home" includes rest homes, extended care facilities, intermediate care facilities and skilled nursing facilities, but does not include hospitals, clinics and similar facilities that are devoted mainly to the diagnosis and treatment of the sick or injured, nor a group residential facility.
(147) "Office" means a building, room or series of rooms in which the affairs of an individual, business concern or government agency are carried on. An office per se does not include an office-type business.
(148) "Official Thoroughfare Plan" means that part of the Comprehensive Plan adopted by the Planning Commission and Council that indicates the general location and character of arterial, collector and local roads in the City. The Official Thoroughfare Plan is also known as the Thoroughfare Plan.
(149) "Official Zoning Map" means the map officially adopted by the Planning Commission and Council that indicates the zoning districts into which the City has been divided, including any amendments. The Official Zoning Map is also known as the Zoning Map, the Zoning District Map or the Map.
(150) "Open space" means an area substantially open to the sky, such as lawns, water areas and natural environmental features. Streets, driveways, sidewalks, parking areas, structures for habitation and the like are not open space.
(151) "Parcel" means a unique section of land, the boundaries of which are defined by a legal description. A parcel is also known as a plot or lot, if it fronts on a street.
(152) "Park" means a parcel kept in a natural state for scenic, recreational, historical, open space and/or ornamental purposes.
(153) "Parking facility" means a structure (including parking lots and public garages) used for parking of motor vehicles as a principal use rather than as an accessory use providing required off-street parking.
(154) "Parking lot" means a hard-surfaced area devoted to off-street parking spaces (whether required or not by this Zoning Code) for motor vehicles.
(155) "Parking space, off-street" means a surfaced area (at least ten feet wide and eighteen feet long), with access to, but located entirely outside of, any public right of way, plus any additional area needed for the adequate maneuvering, parking and unparking of a motor vehicle.
(156) "Pasturage" means the grazing of farm animals.
(157) "Performance bond" means an agreement by a person with the City for the amount of the estimated construction cost, guaranteeing the completion of physical improvements according to the agreed upon plans and specifications within the time prescribed by the two-party agreement.
(158) "Person" means a firm, association, organization, partnership, trust, company or corporation, as well as an individual.
(159) "Personal services" means any activity that offers services to the public, such as shoe repair, watch repair, barber shops, beauty salons and similar activities.
(160) "Planned unit development" means an area of land in which a variety of housing types and land uses (possibly including subordinate commercial and manufacturing facilities) are accommodated in a pre-planned environment under more flexible zoning standards (including aspects such as lot sizes and building lines) than would normally apply under this Zoning Code, in return for compensating additional benefits to the public health, safety and general welfare through the provision of larger than minimum aspects (streets, parking, etc.) or unrequired aspects (land donation for parks, extension of water and sewer lines, etc.).
(161) "Planning Commission" means the Planning Commission of the City.
(162) "Plant cultivation" means the growing and harvesting of crops, fruit trees, truck garden products and similar plant materials outside of structures (such as greenhouses), but not including accessory use activities conducted on residential properties by, and for the primary benefit of, their occupants.
(163) "Plot" means a unique section of land, the boundaries of which are defined by a legal description. A plot is also known as a parcel or a lot.
(164) "Principal" means the main use and/or structure of a lot, as permitted by this Zoning Code.
(165) "Principal structure" means the structure in which the main use of a lot, as permitted by this Zoning Code, is carried out or occurs.
(166) "Principal use" means the main use or activity permitted on a lot, as set forth in this Zoning Code.
(167) "Public facility" means any building, structure, facility or land owned and/or operated by a governmental unit.
(168) "Public service facility" means the erection, construction, alteration, operation and/or maintenance of structures by a public utility, railroad and/or governmental agency (for public health and/or safety).
A cemetery, day-care facility, educational institution, institution, maintenance facility, group residential facility, nursing home, extensive or intensive recreation facility, satellite antenna, supply yard or zoo is not a public service facility.
(169) "Public way" means an alley, avenue, bikeway, boulevard, bridge, channel, ditch, easement, expressway, freeway, highway, land, parkway right of way, road, sidewalk, street, tunnel, viaduct, walk or other way (such as a beach) in which the general public and/or a public entity has a right of access, or which is dedicated as a public passageway, whether improved or not.
(170) "Quasi-public" means a use that performs a public function and/or service but which is not publicly-owned or publicly-operated, such as a privately-run museum or library.
(171) "Rear lot line" means the rear-most property line that is generally parallel with the front lot line and extends from the rear of one side lot line to the rear of the other side lot line.
(172) "Rear yard" means a yard extending between the side lot lines from the rear lot line to the rear foundation.
(173) "Receiver" means an apparatus, the purpose of which is to obtain a signal from a transmitter, cable or a similar source (such as a satellite) and transform it to a radio, television, telephone or other signal (such as microwave). Receivers intended for noncommercial usage as residential antennas are not considered to be receivers in this context.
(174) "Recreation" means a use intended to provide participants and/or spectators with amusement, entertainment, refreshment of physical strength and/or mental spirit and/or diversion from routine daily activities.
(175) "Recreation, extensive" means, generally, recreation that requires and/or uses large areas of land, such as hunting preserves, riding clubs, fishing areas, golf courses and regional parks.
(176) "Recreation, intensive" means, generally, recreation that requires smaller areas of land and/or uses land very intensively, such as miniature golf courses, bowling alleys, amusement parks and go-cart tracks.
(177) "Recycling facility, station or center" means any structure and/or lot where used materials (including used building or construction materials), items (used newspapers and/or metal, glass and/or plastic containers) and/or machinery, wrecked motor vehicles and/or similar objects, are collected, stored and/or sold. Antiques fifty or more years old are not included.
(178) "Refuse collection area" means the enclosed area plus necessary all-weather surfaced pick-up access areas used for the temporary storage of trash, rubbish and other garbage pending weekly or more frequent pick-up.
(179) "Research activities" means research, investigation, development and/or testing related to the chemical, medical, pharmaceutical, electrical, engineering, transportation and/or similar fields.
(180) "Residence" means the place where a person lives, as opposed to a person's legal address (which may be different), or a place of temporary sojourn. Except for places of temporary sojourn, if a person receives mail where the person sleeps, that is where the person lives. A person might have more than one residence.
(181) "Resident" means a person living in a residence.
(181A) "Respite Care Facility" means a facility for chronically ill, aged or incurable persons in which three or more persons (unrelated by blood, marriage, guardianship, custodianship and/or adoption to the operators of the faculty) are provided short-term room, board, and/or medical care.
(182) "Right of way" means a strip of land dedicated for use as a public way.
(183) "Road" means a right of way (a portion of which is usually paved) that provides a public means of vehicular access to properties abutting the road. A road is also known as a street or thoroughfare.
(184) "Roadside stand" means a structure used for less than six months per year (usually during the growing season) for the display and/or sale of agricultural and related products.
(184A) “Rooftop WACS” means a machine or apparatus (commonly known as a wind turbine or windmill) that converts kinetic energy in the wind into a usable form and that is specifically designed to mount to the roof, whether pitched or flat, of an existing building.
(185) "Rooming house" means the provision of lodging to unrelated individuals for compensation in a residential-type of structure. The term "rooming house" does not include bed and breakfast facilities, boarding houses, dormitories, hotels, motels, lodges and/or restaurants.
(186) "Satellite dish antenna" means a spherical, parabolical or similar saucer or dish-shaped signal-receiving apparatus.
(187) "School" means an educational institution providing general academic instruction equivalent to standards prescribed by the Ohio Department of Education or its successor.
(188) "Screening" means any barrier used for the purpose of separating land uses, either natural or man-made.
(189) "Seat" means an installed or indicated place for a person to sit. Where not installed or indicated, a seat is an area measuring two feet by three feet in any meeting, assembly, worship and/or similar area.
(190) "Services, business" means any activity that provides, primarily, repair and/or maintenance kinds of services to nonresidential enterprises or to appliances, machines and other items used in residences.
(191) "Services, essential" means activities by public utilities or governmental agencies to promote the public health, safety and general welfare, such as the erection, construction, alteration and/or maintenance of above-ground or underground gas, electrical, steam or water transmission/distribution systems, and collection, communication, supply or disposal systems or sites (including poles, wires, mains, drains, sewers, pipes, tanks, traffic signals, hydrants or other similar equipment and accessories). General office activities by public utilities or governmental agencies are not essential services, but may be an accessory use.
(192) "Sewer, central or group" means a Health Department approved sewage disposal system that provides a collection network, disposal system and central sewage treatment facility for a single development, community or area.
(193) "Sewer, on-site" means a septic tank or similar installation on an individual lot using an aerobic or equally satisfactory process for the elimination of sewage in a way that provides for the safe disposal of the effluent, subject to the approval of the health and sanitation officials having jurisdiction.
(194) "Sexual activity" means activities such as sexual conduct (such as intercourse, masturbation and/or fellatio) and/or sexual contact.
(195) "Sexual contact" means any touching of an erogenous zone of another person (including the thigh, genitals, buttock, pubic area and/or, if the person is a female, a breast) for the purpose of sexually arousing or gratifying either person.
(196) "Sexual excitement" means the condition of the human male or female genitals when in a state of sexual stimulation or arousal.
(197) "Side lot lines" means the property lines that connect the front lot line to the rear lot lines.
(198) "Side yard" means a yard extending from the side of the primary structure's foundation to the side lot line and extending from the building line (setback line) to where the rear yard begins at the primary structure.
(199) "Sidewalk" means an all-weather surface for pedestrian traffic that is usually located in the road right of way.
(200) "Sign" means any visual communication display, object, device, graphic, structure, or part or combination thereof (such as letters, words, designs, colors, symbols, fixtures, images and/or illuminations), that directs or attracts attention to, and/or announces or promotes, a person, object, service, product, event, location, organization and/or the like, whether located indoors or outdoors and whether attached to, painted on and/or displayed from a building or structure.
(201) "Slaughteryard" means a structure and/or a fenced and/or walled lot in which farm animals are kept temporarily for slaughter, market and/or shipping. A slaughteryard is also known as a stockyard.
(202) "Sleeping room" means a partitioned and/or walled portion of a structure that is provided for compensation and is used for sleeping purposes.
(203) "Special district" means a zoning district (such as the Conservation and Open Space District) created to meet the needs of an area experiencing unusual problems or a district that is designed to meet special needs.
(204) "Special use" means a use which is not in accordance with those already specifically permitted and is granted on a temporary basis.
(205) "Specialized animal raising and care" means the use of land and/or buildings for the raising and/or care of animals, including the kenneling of dogs and the stabling and care of horses.
(206) "Spouse abuse shelter," aka "friendly house," means a residential-type structure for temporary, short-term housing and the provision of meals, not for compensation, for unrelated individuals. Not included are bed and breakfast facilities, boarding houses, rooming houses, dormitories, hotels and/or motels/lodges.
(207) "Stockyard" means a structure and/or a fenced and/or walled lot in which farm animals are kept temporarily for slaughter, market and/or shipping. A stockyard is also known as slaughteryard.
(208) "Storage facility" means land and structures devoted primarily to the holding of construction equipment and/or materials for later construction use, rather than for later retail sale. A storage area is a storage facility.
(209) "Storage shed" means an accessory structure used to store tools, household items and equipment and/or similar items. A storage shed is not a garage and should not contain a motor vehicle, except for a riding lawn mower, a ride-in toy car, a go-kart and/or a motorized wheelchair.
(210) "Storage space" means a paved area (at least ten feet wide and eighteen feet long) that is located adjacent to a drive-in use (such as a gasoline pump, a teller window and an order-taking intercom) or adjacent to, and aligned with, another storage space.
(211) "Storage unit" means a walled and/or fenced portion of a structure where space is rented to the public for the storage of household items, but not including motor vehicles. A storage unit is not a public garage.
(212) "Story" means that part of a building between the surface of a floor and the surface of the ceiling above the floor, except for basement areas. For a floor to ceiling area that is at least partially below ground level to be considered a story, more than one-half of the average floor to ceiling height must be above the average height of the adjacent ground or one-half or more of a basement floor area must be used for living purposes rather than storage, heating and cooling and similar purposes.
(213) "Street" means a right of way (a portion of which is usually paved) that provides a public means of vehicular access to properties abutting the street. A street is also known as a road or a thoroughfare.
(214) "Structural alterations" means any change in the supporting members (such as bearing walls, columns, beams or girders) of a building.
(215) "Structure" means anything constructed or erected, whether attached to the ground or attached to something else that is attached to the ground, including buildings, walls, mobile homes, billboards, fences, driveways, towers and signs.
(216) "Structure, accessory" means a structure (such as a swimming pool, driveway, patio, shed or garage) that is accessory to a principal use (such as a house).
(217) "Subdivision" means either:
A. The division of any parcel of land, shown as a unit or as contiguous units on the last preceding tax roll, into two or more parcels, sites or lots, one of which is less than five acres, for the purpose, whether immediate or future, of transfer of ownership. However, the division or partition of land into parcels of more than five acres, not involving new streets or easements of access, and the sale or exchange of parcels between adjoining lot owners, where such sale or exchange does not create additional building sites, shall be exempted.
B. The improvement of one or more parcels of land for residential, commercial or industrial structures or groups of structures involving the division or allocation of land for the opening, widening or extension of any street or streets, except private streets serving industrial structures; the division or allocation of land as open spaces for common use by owners, occupants or leaseholders or as easements for the extension and maintenance of public sewer, water, storm drainage or other public facilities.
(218) "Supply yard" means an establishment storing and/or offering for sale building supplies, steel supplies, coal, equipment, feed and grain and/or similar items.
(219) "Surety bond" means a bond guaranteeing performance of a contract with, or an obligation to, the City.
(220) "Swimming pool" means a pond, pool, lake or open tank at least ten inches deep and with at least thirty square feet of water surface.
A. "Private swimming pool" means an accessory use that is used exclusively by the residents (and their guests) of a single household, two-family structure or multifamily development or by the lodgers (and their guests) at a hotel or motel.
B. "Public swimming pool" means a principal use that is operated with a charge for admission, including daily charges and/or membership fees, such as use of a pool by the residents of a community or the members of a club.
(221) "Tavern" means a public house where wine or other liquors are sold to be drunk on the premises.
(222) "Temporary use" means a nonpermanent use that can be accommodated for a short period without significant adverse impacts.
(223) "Terminal" means a freight and/or delivery company facility where trucks, airplanes and/or rail cars arrive and/or depart with items that have a final destination other than the premises of the terminal. A terminal is distinguished from a manufacturer by the fact that, in a terminal, the items are unchanged between arrival and departure, except for their packaging. A terminal is also known as a distribution facility.
(224) "Thoroughfare" means a right of way (a portion of which is usually paved) that provides a public means of vehicular access to properties abutting the thoroughfare. A thoroughfare is also known as a road or a street.
(225) "Thoroughfare Plan" means that part of the Comprehensive Plan adopted by the Planning Commission and Council that indicates the general location and character of arterial, collector and local roads in the City.
(226) "Through lot" means a lot (other than a corner lot) with frontage on two streets.
(227) "Topless" means the showing of a female breast with less than a full opaque covering of any portion of the breast below the top of the areola.
(228) "Tourist home" means a dwelling where the residents provide lodging, but not meals, for transients. A tourist home is a place for transient sojourn.
(229) "Transportation Director" means the Director of the Ohio Department of Transportation, or its successors. The Transportation Director is also known as the Ohio Director of Transportation.
(230) "Treasurer" means the Treasurer of the City.
(231) "Tree house" means a structure built in the branches of a tree intended to be a playhouse for children who are residents of the premises and their guests.
(232) "Use" means the specific purposes for which a lot or structure is utilized or allowed by this Zoning Code to be utilized. A use may be an activity and/or a structure.
(232A) “Utility” means a business that produces energy for use by a business located on the same parcel or lot as an auxiliary use to that business, including but not limited to energy generated by solar, wind or gas means under a PPA.
(233) "Variance" means a modification of the strict terms of this Zoning Code, where such change will not be contrary to the public interest and where (owing to conditions peculiar to the property and not as a result of the action of the owner or the owner's agent) a literal enforcement of this Zoning Code would result in unnecessary and undue hardship to the owner.
(234) "Veterinary facility" means a place used for the care, diagnosis and treatment of sick, ailing, infirm or injured animals, as well as incidental and subordinate grooming and/or boarding.
(235) "Vicinity map" means a drawing that sets forth (by dimensions, directions or other means) the relationship of a proposed use to the surrounding area and the community facilities and services of the City, in order to precisely locate, orient and evaluate the proposed land use.
(236) "Viticulture" means the cultivation of grapes. Refer to subsection (7) hereof (Agriculture, commercial) for land uses allowed.
(237) "Walkway" means an all-weather surfaced public pedestrian way.
(238) "Wall" means a barrier intended to be ornamental, to prevent escape, to prevent intrusion and/or to mark a boundary.
(239) "Warehouse" means a structure or part of a structure used for the storage of merchandise and/or commodities. The term "warehouse" does not include a stock room or similar storage on premises that is intended to provide for the immediate replenishment of retail items.
(239A) “Wastewater treatment facility” means any plant or facility into which pipelines, conduits, pumping stations and force mains that collect waterborne sewage, sludge, sludge materials, industrial waste or other wastes flow for the purpose of treatment and disposal, including but not limited to stabilizing, blending, composting or holding such wastes.
(240) “Wholesale business” means a business establishment that generally sells commodities in large quantities to retailers, other wholesale establishments, jobbers or manufacturers. These commodities are usually for further resale at retail, for use in the manufacturing of a product or for use by a business.
(240A) “Wind energy conversion system” means a machine or apparatus (commonly known as a wind turbine or windmill) that converts kinetic energy in the wind into a usable form.
(241) "Yard" means a required open space (other than a court) that is unoccupied and unobstructed (upward from three feet above the average ground level of the lot) by any structure or portion of a structure, except as otherwise provided in this Zoning Code. Subject to height and visibility obstruction limitations, items such as ornaments, accessories and furniture are considered to be unoccupied and unobstructed open space in a required yard. The three types of required yards are as follows:
A. "Front yard" means a yard extending between the side lot lines from the front lot line to the building line (setback line).
B. "Rear yard" means a yard extending between the side lot lines from the rear lot line to the rear foundation of the principal structure.
C. "Side yard" means a yard extending from the side of the primary structure's foundation to the side lot line and extending from the building line (setback line) to where the rear yard begins at the principal structure.
(242) "Zero lot line development" means an arrangement of housing on adjacent lots within a planned unit development parcel, requiring approval of the Planning Commission and Council, in which the required side yard is reduced on one side and increased on the other side, but where the sum of the resulting side yards equals the sum regularly required for side yards in that zoning district.
(243) "Zoning Administrator" means the person designated by the Mayor to administer and enforce this Zoning Code. The Zoning Administrator is also known as the Zoning Inspector.
(244) "Zoning certificate" means a document issued by the Zoning Administrator authorizing the use of lots and/or structures, and the characteristics of the use. The zoning certificate is also known as zoning permit.
(245) "Zoning district" means a geographic area within the City established by this Zoning Code in order to regulate land use.
(246) "Zoning Inspector" means the person designated by the Mayor to administer and enforce this Zoning Code. The Zoning Inspector is also known as the Zoning Administrator.
(247) "Zoning Map" means the Map officially adopted by the Planning Commission and Council that indicates the zoning districts into which the City has been divided, including any amendments. The Zoning Map is also known as the Official Zoning Map, the Zoning District Map or the Map.
(248) "Zoning permit" means a document issued by the Zoning Administrator authorizing the use of lots and/or structures, and the characteristics of the use. A zoning permit is also known as a zoning certificate.
(249) "Zoo" means a zoological garden or collection of living animals for public display. A collection of animals (other than an agricultural operation or household pets, such as dogs, cats, birds, gerbils and/or hamsters) not intended for public display is also a zoo.
(Ord. 186-91. Passed 10-15-92; Ord. 123-94. Passed 4-21-94; Ord. 192-95. Passed 9-21-95; Ord. 126-97. Passed 4-3-97; Ord. 203-97. Passed 9-4-97; Ord. 134-98. Passed 4-2-98; Ord. 178-02. Passed 12-19-02; Ord. 161-03. Passed 12-18-03; Ord. 162-03. Passed 12-18-03; Ord. 149-04. Passed 7-16-04; Ord. 140-08. Passed 6-26-08; Ord. 106-11. Passed 8-4-11; Ord. 161-11. Passed 9-1-11; Ord. 187-11. Passed 12-1-11; Ord. 115-12. Passed 3-15-12; Ord. 149-21. Passed 5-6-21.)