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SCALE: The relationship of a particular building mass to other nearby or adjacent development.
SELF-SERVICE MINI-STORAGE FACILITY: A fully enclosed structure or structures containing separate, individual, private storage spaces of varying sizes, leased or rented on an individual basis for varying periods of time.
SETBACK: The minimum horizontal distance between the nearest point of the applicable building, structure, or sign measured perpendicular to the property line from which the setback distance is required. See "Yard" definitions.
SEXUALLY ORIENTED BUSINESS. Any use of land, whether vacant or combined with structures or vehicles, by which the property is devoted to displaying or exhibiting material for entertainment, a significant portion of which includes matter or actions depicting, describing, or presenting "Specified Sexual Activities" or "Specified Anatomical Areas" as defined herein. Definitions related to adult entertainment uses include the following:
(1) ADULT BOOK STORE. An establishment, having as a substantial or significant portion of its stock in trade, books, magazines and other periodicals which are distinguished or characterized by their emphasis on matter depicting, describing or relating to nudity or sexual conduct. As used within this section "nudity" means the showing of the human male or female genitals, pubic area or buttocks with less than a full opaque covering, or the depiction of covered male genitals in a discernibly turgid state, and "sexual conduct" means acts of masturbation, homosexuality, sodomy, sexual intercourse, or physical contact with a person's clothed or unclothed genitals, pubic area, buttocks, or, if such person be female, breast.
(2) ADULT CABARET. A cabaret which features go-go dancers, exotic dancers, strip dancers or other similar entertainment, dancers or employees.
(3) ADULT ENTERTAINMENT ESTABLISHMENT. Any building or structure which contains, or is used for commercial entertainment, whether a place where musical entertainment is carried out consisting of a series of unrelated episodes and dances, all with the purpose of depicting or suggesting sex-centered subjects or objects, or a place where the patron is charged a fee to dance or view a series of dance routines, strip performances or other gyrating choreography provided by the establishment that depicts or suggests sex-centered subjects or objects. Nothing herein defined shall in any way or form legitimize any activity prohibited by state law or city ordinance.
(4) ADULT MEDIA STORE: An establishment having more than ten percent (10%) of its stock-in-trade consisting of books, magazines, publications, video tapes, films, video disk, CDs or other media that are distinguished or characterized by their emphasis on matter depicting, describing, or relating to sexual activities or anatomical genital areas, or to persons depicted or illustrated in such a manner so as to plainly expose to view any portion of a male's or female's pubic hair, anus, cleft of the buttocks, vulva, or genitals, or any portion of the female breast below the top of the areola.
(5) ADULT MINI MOTION PICTURE THEATRE . An enclosed building with a capacity for less than fifty (50) persons, used for presenting material distinguished or characterized by an emphasis on matter depicting, describing or relating to nudity or sexual conduct. As used within this section "nudity" means the showing of the human male or female genitals, pubic area or buttocks with less than a full opaque covering, or the depiction of covered male genitals in a discernibly turgid state, and "sexual conduct" means acts of masturbation, homosexuality, sodomy, sexual intercourse, or physical contact with a person's clothed or unclothed genitals, pubic area, buttocks, or, if such person be female, breast, or an enclosure where coin or slug operated, or electrically, electronically, or mechanically controlled still or motion picture machines, projectors, or other image-producing devices are maintained to depict nudity or sexual conduct, as heretofore defined.
(6) ADULT MOTEL. A motel, hotel, or similar commercial establishment that: (1) provides patrons with closed-circuit television transmissions, internet selections or sites, films, motion pictures, video cassettes, slides, or other photographic reproductions that are characterized by the depiction or description of specified sexual activities or specified anatomical areas and advertises the availability of this sexually oriented type of material by means of a sign visible from the public right-of-way, or by means of any off-premises advertising, including, but not limited to, newspapers, magazines, pamphlets or leaflets, radio or television; or (2) offers a sleeping room for rent for a time period of less than ten (10) hours; or (3) allows a tenant or occupant to subrent the sleeping room for a time period of less than ten (10) hours.
(7) ADULT MOTION PICTURE THEATRE. An enclosed building with a capacity of fifty (50) or more persons used for presenting material distinguished or characterized by an emphasis on matter depicting, describing or relating to "nudity" or "sexual conduct," as heretofore defined under this chapter, for observation by patrons therein.
(8) ADULT MOVIE THEATER: An enclosed building used for presenting film or video material distinguished or characterized by an emphasis on matter depicting, describing, or relating to sexual activities or anatomical genital areas, or to persons depicted or illustrated in such a manner so as to plainly expose to view any portion of a male's or female's pubic hair, anus, cleft of the buttocks, vulva, or genitals, or any portion of the female breast below the top of the areola.
(9) LIVE ADULT ENTERTAINMENT: An establishment devoted to adult entertainment, either with or without a liquor license, presenting distinguished and characterized by an emphasis on matter depicting, describing, or relating to sexual activities or anatomical genital areas, or to persons depicted or illustrated in such a manner so as to plainly expose to view any portion of a male's or female's pubic hair, anus, cleft of the buttocks, vulva, or genitals, or any portion of the female breast below the top of the areola. Such entertainment includes but is not limited to wet T-shirt contests, bikini mud-wrestling, topless dancers, go-go dancers, strippers, male or female impersonators, or similar entertainment for observation by patrons.
(10) SPECIFIED ANATOMICAL AREAS: The graphic depiction, whether real or simulated, of less than completely and opaquely covered human genitals, pubic region, buttock, and female breast below a point immediately above the top of areola; and human male genitals in a discernibly turgid state, even if completely and opaquely covered.
(11) SPECIFIED SEXUAL ACTIVITIES: The graphic depiction, whether real or simulated, of human genitals in a state of sexual stimulation or arousal; acts of human masturbation, sexual intercourse or sodomy; and fondling or other erotic touching of human genitals, pubic region, buttock or female breast.
SHORT-TERM RENTAL: A business engaged in the rental of an entire dwelling unit or a portion of a dwelling unit to provide guest lodging for pay for periods not-to-exceed twenty-nine (29) days and which does not include serving food. Short-term rentals include, by way of example, Airbnb and VRBO, but do not include residential uses otherwise defined in this chapter such as, but not limited to: bed and breakfast, boarding house, hotel, sober living facility, or residential social services facility.
SIGN: A device, structure, fixture or placard which may or may not use graphics, symbols and/or written copy designed specifically for the purpose of advertising or identifying an establishment, product, service or activity.
(1) AGGREGATE SIGN AREA: The combined area of all signs of a category on a single parcel. For example, the aggregate area of all freestanding signs on a parcel is the sum total area of all freestanding signs on that parcel.
(2) ANIMATED SIGN: A sign that has moving parts or includes action, motion, or color changes, or the optical illusion of action, motion, or color changes, including signs using electronic ink, signs set in motion by mechanical means such as blowing air or motorized parts, or made up of a series of sections that turn, including any type of screen using animated or scrolling displays such as an LED (light emitting diode) screen or any other type of video display, even if the message is stationary.
(3) BANNER: A sign of fabric, thin plastic or similar lightweight material that is mounted to a pole or a building at one (1) or more edges and is intended or displayed as commercial speech. Flags shall not be considered banners.
(4) BENCH SIGN: Any bench or structure whose primary purpose is for sitting upon which a message is displayed.
(5) BILLBOARD: A freestanding sign identifying or advertising an establishment, product, service or activity not available on the lot or parcel on which the sign is located.
(6) BLADE SIGN: See "Feather Sign".
(7) BUILDING SIGN: A sign that in any manner is fastened to, projects from, or is placed upon the exterior wall, window, door or roof of a building. The term "building sign" includes but is not limited to the following:
A. CANOPY SIGN: A sign imposed, mounted or painted upon a freestanding canopy.
B. PROJECTING SIGN: A sign affixed to a wall and extending perpendicular from the surface of the wall.
C. ROOF SIGN: A sign mounted on, applied to, or otherwise structurally supported by the roof of a building (other than the fascia portion of a mansard roof).
D. WALL SIGN: A sign fastened directly to or placed directly upon the exterior wall of a building facade, with the sign face parallel to the wall and extending from the surface of the wall no more than twelve (12) inches.
E. WINDOW SIGN: A sign placed permanently on, behind or inside a windowpane or glass door and intended to be viewed from outside the building.
(8) BUSINESS CENTER SIGN. A sign which serves as a common or collective sign for a group of persons or businesses operating on the same parcel (e.g., shopping center, office complex, etc.).
(9) CHANGEABLE COPY SIGN: A portion of a sign on which copy may be frequently changed, including a sign with a fixed or changing display message composed of a series of lights that may be changed through electronic means. Changeable copy signs include the following types:
A. MANUAL: A sign whose alphabetic, pictographic, or symbolic informational content can be changed or altered by placing such letters or other message elements directly on the sign face by hand.
B. ELECTRONIC: A sign whose alphabetic, pictographic, or symbolic informational content can be changed and is displayed electrically or electronically.
(10) DOUBLE-FACED SIGN: A sign structure with two (2) sign faces that are parallel (back-to-back) or that form an angle to one another, where each sign face is designed to be seen from a different direction and the two (2) sign faces are separated from each other at their furthest point by no more than three (3) feet. Sign faces on a single sign structure separated by more than three (3) feet are considered separate signs.
(11) FEATHER SIGN: A freestanding sign, typically consisting of a flexible single pole or shaft, usually of plastic or metal, stuck in the ground or otherwise fastened at the base, with an attached pennant along or at the top of the shaft, consisting of fabric or some other flexible material that is usually vertically elongated, and may be in the shape of a feather, tear drop or some other configuration.
(12) FLAG : A fabric or bunting containing colors, patterns and/or symbols normally displayed by flying from a pole as a wind-activated device.
(13) FREESTANDING SIGN: A sign attached to or part of a completely self-supporting structure set firmly in or below the ground surface and not attached to any building or any other structure, whether portable or stationary. The term "freestanding sign" includes:
A. POLE SIGN: A sign mounted on one (1) or more poles or columns so the sign body is elevated above the ground by at least eight (8) feet.
B. MONUMENT SIGN: A freestanding sign mounted on a base which rests directly on the ground and is at least fifty percent (50%) of the width of the sign.
(14) ILLUMINATED SIGN: Any sign or portion of a sign illuminated by artificial light, including outline, reflective or phosphorescent light.
A. EXTERNALLY ILLUMINATED: Illumination arranged so the light source is external to the sign and directed toward the sign.
B. INTERNALLY ILLUMINATED: Illumination arranged so the light source is contained behind the face of the sign and no light is directly visible from outside the sign.
(15) INCIDENTAL SIGN: A sign, emblem or decal no larger than one and one-half (1½) square feet in area. Such signs are normally located on doors, windows and gas pumps or in parking lots or loading areas, may be freestanding or building signs, and are generally not readily visible or legible from public rights-of-way.
(16) INFLATABLE SIGN: A sign that is either expanded to its full dimensions or supported by gasses contained within the sign, or sign parts, at a pressure greater than atmospheric pressure.
(17) LED SIGN: Any sign or portion of a sign that uses light emitting diode technology or similar semiconductor technology to produce an illuminated image, picture, or message of any kind. LED signs are considered to be a form of electronic message centers.
(18) NONCONFORMING SIGN: A sign legally existing at the time of erection that could not be built under the terms of this Ordinance.
(19) POLITICAL SIGN: A temporary yard sign displayed in connection with an official local government, school district, county, state, or federal election or referendum.
(20) PROJECT ENTRANCE SIGN: A permanent freestanding sign located at an entrance designed and permitted for vehicular access into a residential subdivision, townhome or multifamily development, planned unit or mixed-use development or a shopping center, office park or industrial park where buildings are located on separate lots or as part of an integrated development.
(21) PROJECTING SIGN: See under "building sign."
(22) PUBLIC ISSUE SIGN: A temporary sign relating to an election called by a governmental body.
(23) REAL ESTATE SIGN: A temporary sign advertising the real estate upon which the sign is located as being for sale, rent or lease.
(24) ROOF SIGN: See under "Building Sign."
(25) SUSPENDED SIGN: See under "Canopy Sign" and under "Building Sign."
(26) TEMPORARY SIGN:
A. REAL ESTATE DEVELOPMENT SIGN: A sign erected during the development of a new or expanded residential or non-residential project.
B. PORTABLE SIGN: A sign designed to be moved easily and not permanently attached to the ground, a structure, or a building, including signs with wheels and signs mounted on vehicles for advertising purposes.
C. RIGID FRAME SIGN: A sign that is commonly, but not always, made of wood, metal or vinyl posts and arm and designed to be stuck in the ground with equipment. Such signs are typically associated with real estate sales, construction and the like.
D. SANDWICH BOARD SIGN: A self-supporting, moveable sign with one or two faces that are adjoined at the top and displayed at an angle, which is not permanently anchored or secured and designed to be placed upon a sidewalk, plaza or other area where pedestrians walk or gather. Also referred to as A-frame signs.
E. WINDOW SIGN, TEMPORARY: A temporary sign installed or affixed inside a window and intended to be viewed from the outside for limited periods.
F. WIRE FRAME SIGN: A sign that is commonly, but not always, made up of a flexible wire frame and corrugated plastic face and designed to be stuck in the ground without equipment. Such signs are typically associated with home improvement projects, political expression, yard sales, open house events and the like.
(27) VEHICLE SIGN: Any sign placed, mounted, painted on or affixed to a motor vehicle or to a freight, flat-bed or storage trailer or other conveyance.
(28) WALL SIGN: See under "Building Sign."
(29) WINDOW SIGN: See under "Building Sign" and "Temporary Sign."
SIGN COPY: The words, letters, figures, symbols, logos, fixtures, colors or other design elements used to convey the message, idea or intent for which a sign has been erected or placed.
SITE DEVELOPMENT PLAN: A detailed plan, as required in Chapter 1145, showing proposed buildings, uses or reuses of all land, open space, location of major structures, recreation areas, schools and public facilities and such other planning elements and reasonable design criteria as deemed necessary by the Zoning Administrator, Planning Commission or City Council to determine compliance with the requirements of this Ordinance.
SLUM OR BLIGHTED AREA: A residential area within the corporate limits of the City of Lorain in which there exist twenty percent (20%) or more of structures or other improvements which, by reason of dilapidation, deterioration, age or obsolescence; inadequate provisions for ventilation, light, air, sanitation, or open space; high density of population and overcrowding; unsafe and unsanitary conditions; or the existence of conditions which endanger life or property by fire or other causes; or any combination of factors, substantially impairs the sound growth and planning of the community, is conducive to ill health, transmission of disease, infant mortality, juvenile delinquency and crime, and is detrimental to the public health, safety and welfare. This definition is to be used only to determine eligibility for Federal, State, or Local funding sources. The appraisal method of the Lorain County Auditor's Appraisal office will be used to assess each property when determining slum or blighted areas pursuant to this definition.
SMALL ENGINE REPAIR: A use of property and buildings for the purpose of repairing, rebuilding and servicing internal combustion engines of thirty (30) horsepower or less, and the related accessories and equipment powered by such engines.
SOBER LIVING FACILITY: A residential facility that provides group housing in a structured living environment over extended periods of time typically greater than six (6) months for people exiting drug and alcohol rehabilitation programs. The facility may include accessory uses such as common dining, laundry, and recreation rooms but is not licensed and does not provide counseling or other support services.
SOCIAL SERVICES, RESIDENTIAL. A facility or home which provides resident services to a group of individuals of whom one or more are unrelated, and which may provide additional supervised programming services. Groups served may include the mentally or physically handicapped, juvenile offenders, drug or alcohol offenders, persons released from state institutions, or wards of the court or welfare system. The category includes, but is not limited to, facilities licensed, supervised, or sponsored by any political subdivision or judicial authority and facilities commonly referred to as "halfway houses" or "group homes".
START OF CONSTRUCTION: The date a development permit is issued, provided the actual start of construction, repair, reconstruction, or improvement is within 180 days of the permit date. The actual start means the first placement of permanent construction of the structure such as the pouring of slabs or footings, installation of piles, construction of columns, or any work beyond the stage of excavation, and includes the placement of a manufactured home on a foundation. (Permanent construction does not include initial land preparation, such as clearing, grading and filling; the installation of streets and/or walkways; excavation for a basement, footings, piers or foundations or the erection of temporary forms; installation on the property of buildings appurtenant to the permitted structure, such as garages or sheds not occupied as dwelling units or part of the main structure.) See also, "Substantial Improvement".
STORMWATER: Precipitation runoff, snow melt runoff, and surface runoff.
STREET: Any public or private thoroughfare which affords the principal means of access to abutting property.
(1) STREET, ARTERIAL: A road or highway, as shown on the official map maintained by the City of Lorain, which carries large volumes of traffic at relatively high speed between population centers or from one section of the City to another.
(2) STREET, COLLECTOR: A public way, as shown on the official map maintained by the City of Lorain, designed primarily to connect local streets with arterial streets or to provide access from residential areas to major destination points such as shopping or employment centers and which may be expected to carry a significant volume of traffic. Any street may be declared a collector street by City Council at any time and shall be designated as such on the official street map.
(3) STREET, LOCAL: These roads serve the final function in destination trips and the initial function at point of origin. They provide direct access to adjacent land as well as serve the purpose of short distance transportation needs. This category encompasses all streets, roads and highways not classified as either arterial or collector streets.
STREET FRONTAGE: The distance within which a front lot line of a lot adjoins a street, measured between the two (2) lot lines intersecting that street. Corner lots at intersections and double frontage (through) lots have multiple street frontages; corner lots formed by a curve in the street greater than 135 degrees have one (1) street frontage.
STREET, PRIVATE: Any vehicular access not dedicated to the public that has been platted and recorded as a private street.
STORY: The portion of the building included between the surface of any floor and the surface of the floor next above, or, if there is no floor above, the space between the floor and the ceiling next above.
STORY, HALF. A story under a gabled, tripped, or gambrel roof, the wall plates of which on at least two opposite exterior walls are not more than two feet above the furnished floor of such story.
STRUCTURE: Anything constructed or erected, which requires location on the ground or is attached to something having a location on the ground including by way of example, but not limited to, buildings, billboards, swimming pools, advertising signs, a gas or liquid storage tank, and satellite dishes but not including fences.
STRUCTURAL ALTERATION: Any change in supporting members of a building or structure, such as bearing walls, columns, beams, or girders.
SUBSTANTIAL IMPROVEMENT: Any combination of repairs, reconstruction, alteration, or improvements to a structure, taking place during a five-year period, in which the cumulative cost equals or exceeds fifty percent (50%) of the market value of the structure before the "start of construction" of the improvement. Substantial improvement is considered to occur when the first alteration of any wall, ceiling, floor, or other structural part of the structure commences, whether or not that alteration affects the external dimensions of the structure.
SWIMMING POOL: An enclosure, designed, used, or maintained for the purpose of holding water, permanently constructed or portable, in ground or above ground, with the ability to contain water having a depth of eighteen (18) inches or more, and having a surface area of 200 or more square feet.
TAVERN: See "Bar".
TATTOO PARLOR: An establishment providing the service of body painting indelible marks, text, or figures that are fixed upon the skin through insertion of pigment or production of scars.
TELECOMMUNICATIONS FACILITY: A use of property and buildings for the purpose of switching, amplifying, uplinking, downlinking, disseminating, distributing, broadcasting, receiving or otherwise processing any telephone or television signal, or related electro-magnetic communication signal.
TEMPORARY EVENT: An activity having a specific duration or the end of which is related to a specific action, usually lasting for only a few days or months at a time. Temporary events include but are not limited to such activities as:
(1) The offering of a property or premises for sale or rent.
(2) An election, political campaign, referendum, or ballot proposition put to the voters as part of city, county, state, or federal governance.
(3) Special business promotions, such as but not limited to "grand openings," "close-out sales," and seasonal sales events.
(4) A yard sale.
(5) The construction of a building or development project, or the rehabilitation, remodeling, or renovation of a building.
(6) A public announcement of a special event or seasonal activity by an individual or a nonprofit organization.
TENANT: A natural person, business or other entity that occupies land or buildings by ownership, under a lease, through payment of rent, or at will; an occupant, inhabitant, or dweller of a place.
TOWER, CELLULAR, PHONE OR RADIO: A building or structure typically higher than its diameter and high relative to its surroundings, used for the purpose of broadcasting, transmitting, receiving or otherwise enhancing or facilitating the transmission of radiant energy for communications purposes.
TRUCK LIVERY: A use of land specifically designated and approved for the overnight parking and storage of semi tractors and trailers.
(Ord. 4-21. Passed 1-4-21.)