For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ACCESSORY STRUCTURE OR BUILDING. A structure detached from a principal building on the same lot and customarily incidental and subordinate to the principal building or use. Any structure designed or intended to be used for transporting materials on the highway shall not be used as an accessory building. Examples of accessory buildings or uses are, but not limited to: garages, fences, storage sheds, docks, decks, parking lots, signs, pools, cabanas, ramadas, awnings, carports, steps, ramps, piers, pilings, and the like. Tree houses that are less than 200 square feet and do not have any construction requiring location on or in the ground are exempt from the permitting process.
ACCESSORY USE. A use of land or of a building or portion thereof customarily incidental and subordinate to the principal use of the land or building and located on the same lot with such principal use.
ADULT BOOK STORE. An establishment which utilizes 15% or more of its retail selling area for the purpose of retail sales or rental, or for the purpose of display by coin or slug-operated, or electronically, electrically or mechanically controlled still or motion picture machines, projectors or other image-producing devices, or both, books, magazines, other periodicals films, tapes and cassettes which are distinguished by their emphasis on adult materials as defined in this section.
ADULT CABARET. A nightclub, bar, restaurant or similar establishment in which persons appear in a state of nudity in the performance of their duties.
ADULT ENTERTAINMENT BUSINESS. An adult book store, adult cabaret, adult health club, adult motion picture theater, adult drive-in motion picture theater or an adult only entertainment establishment as further defined in this section.
ADULT HEALTH CLUB. Any establishment that provides equipment and facilities for exercising and improving physical fitness where employees and/or patrons appear in a state of nudity.
ADULT MATERIAL. Any book, magazine, newspaper, pamphlet, poster, print, picture, slide, transparency, figure, image, description, motion picture film, phonographic record of tape, other tangible thing, or any service, capable of arousing interest through sight, sound or touch, and:
(1) Which material is distinguished or characterized by an emphasis on matter displaying, describing or representing sexual activity, masturbation, sexual excitement, nudity, bestiality or human bodily functions of elimination; or
(2) Which service is distinguished or characterized by an emphasis on sexual activity, masturbation, sexual excitement, nudity, bestiality or human bodily functions of elimination.
ADULT MOTION PICTURE DRIVE-IN THEATER. An open air drive-in theater which is regularly used or utilizes 15% or more of its total viewing time, for presenting material distinguished or characterized by an emphasis on matter depicting, describing or related to adult material as defined in this section.
ADULT MOTION PICTURE THEATER. An enclosed motion picture theater which is regularly used or utilizes 15% or more of its total viewing time, for presenting material distinguished or characterized by an emphasis on matter depicting, describing or related to adult material as defined in this section.
ADULT ONLY ENTERTAINMENT ESTABLISHMENT. An establishment where the patron directly or indirectly is charged a fee where the establishment features entertainment or services which constitute adult material as defined in this section, or which features exhibitions, dance routines or gyration choreography of persons totally nude, topless, bottomless or strippers, male or female impersonators or similar entertainment of services which constitute adult material.
AGRICULTURE. The use of land for agricultural purposes including farming, dairying, pasturage, apiculture, horticulture, floriculture, viticulture, and animal and poultry husbandry and the necessary uses for packing, treating and storing the produce; provided, however, that the operation of any such accessory uses shall be secondary to that of normal agricultural activities.
AIRPORT. Any landing area and all necessary appurtenances designed, used or intended to be used for the landing and taking off of aircraft.
ALLEY. A right-of-way, other than a street, road, crosswalk or easement that provides secondary access for the special accommodation of abutting property.
ALTERATION, STRUCTURAL. Any change in either the supporting members of a building such as bearing walls, columns, beams, and girders or in the dimensions or configurations of the roof or exterior walls or the moving of a building or structure from one location to another.
ARCHITECTURAL PROJECTIONS. Open structures such as porches, canopies, balconies, platforms, carports, covered patios, decks and similar architectural projections shall be considered part of the building to which attached and shall not project into the required front, side or rear yard or unless otherwise specified herein.
BASEMENT. Portion of a dwelling or building partly underground. A BASEMENT shall be counted as a story for the purpose of height measurement if the vertical distance between the ceiling and the average level of the adjoining ground is more than five feet or if used for business or dwelling purposes.
BED AND BREAKFAST INN. An owner occupied, single-family residential dwelling in which rooms are rented to paying guests on an overnight basis and breakfast only is provided; the entire service to be included in one stated price.
BOARD. The Board of Zoning Appeals of the Village of Marblehead, Ohio.
BOARDING HOUSE, ROOMING HOUSE, LODGING HOUSE or DORMITORY. A building or part thereof, other than a hotel, motel, or restaurant where meals and/or lodging are provided for compensation, for three or more unrelated persons, where no cooking or dining facilities are provided in individual rooms.
BOAT STORAGE. Any building or lot designed, adapted or used by the property owner for the storage of more than three boats, boat trailers and/or boat cradles for periods in excess of seven consecutive days.
BOTTOMLESS. Less than full opaque covering of male or female genitals, pubic area or buttocks.
BUILDING. Any structure having a roof supported by columns or walls and intended for the shelter, housing or enclosure of persons, animals or chattel.
BUILDING COVERAGE. The horizontal area measured within the outside of the exterior walls of the ground floor of all principal and accessory buildings on a lot, exclusive of uncovered porches, terraces and steps.
BUILDING, DETACHED. A building surrounded by open space on the same lot.
BUILDING, FRONT LINE OF. The line of that face of the building nearest the front line of the lot. This face includes sun parlors and covered porches whether enclosed or unenclosed, but does not include steps.
BUILDING, PRINCIPAL. A building in which is conducted the main or principal use of the lot on which it is located.
BUSINESS. The use of lands or buildings for the purchase, sale or exchange of goods and services; for the purpose of maintaining offices, recreational or amusement enterprises for profit.
CABINS/COTTAGES. Detached buildings used for recreation purposes and not meant to be rented by the same occupants for long term.
CAMPGROUND. A plot of ground upon which two or more campsites are located, established or maintained for occupancy by camping units of the general public as temporary living quarters for recreation, education or vacation purposes.
CHILD DAY-CARE CENTER.
(1) Any place in which child day-care is provided, with or without compensation, for 13 or more children at any one time, or any place that is not the permanent residence of the licensee or administrator in which child day-care is provided, with or without compensation, for seven to 12 children at any one time.
(2) In counting children for purposes of this definition, any children under six years of age who are related to a licensee, administrator or employee and who are on the premises shall be counted.
(a) TYPE A FAMILY DAY-CARE HOME. A permanent residence of the administrator in which child day-care is provided for four to 12 children at any one time, if four or more children are under two years of age. In counting children for the purposes of this definition, any children under six years of age who are related to a licensee, administrator or employee and who are on the premises of the Type A home shall be counted. The term TYPE A FAMILY DAY-CARE HOME does not include a residence in which the needs of children are administered to, if all such children are siblings of the same immediate family and the residence is their home.
(b) TYPE B FAMILY DAY-CARE HOME. A permanent residence of the provider in which child day-care or child day-care services are provided for one to six children at one time and in which no more than three children may be under two years of age at any one time. In counting children for the purposes of this definition, any children under six years of age who are related to the provider and are on the premises of the Type B home shall be counted. The term TYPE B FAMILY DAY-CARE HOME does not include a residence in which the needs of children are administered to, if all such children are siblings of the same immediate family and the residence is their home.
CHURCHES. A building, structure or groups of buildings or structures, which by design and construction are primarily intended for the conducting of organized religious services and accessory uses associated therewith.
COLLOCATION. The use of a wireless telecommunications facility by more than one wireless telecommunications provider.
COMMISSION. The Planning Commission of the Village of Marblehead, Ohio.
CONDITIONAL USE. A use of land that is of such a nature that its unlimited operation could be detrimental to the health, safety, morals and general welfare of residents in the surrounding area or to the property or property values, and on which the public has reserved the right to permit the use, subject to certain general and specific conditions stated in the chapter which are deemed necessary to protect the permitted uses of other affected properties.
CONDITIONAL USE PERMIT. A permit issued by the Zoning Inspector upon approval by the Board of Zoning Appeals to allow a use other than a principally permitted use to be established within the district.
CONDOMINIUM. A building or group of buildings, in which units are owned individually, and the structure, common areas and facilities are owned by all the owners on a proportional basis.
COURT. An unoccupied open space, other than a yard, on the same lot with a building, which is bounded on or more sides by the walls of such building.
COURT, INNER. A court enclosed on all sides by exterior walls of a building, or by exterior walls and lot lines on which walls are allowable.
COURT, OUTER. A court enclosed on all sides by exterior walls of a building, or by exterior walls and lot lines on which walls are allowable, with one side or end open to a street, driveway, alley or yard.
DENSITY. A unit of measurement; the number of dwelling units per acre of land.
(1) GROSS DENSITY. The number of dwelling units per acre of the total land to be developed.
(2) NET DENSITY. The number of dwelling units per acre of land when the acreage involved includes only the land devoted to residential uses.
DRIVE-IN RESTAURANT. A building or portion thereof where food and/or beverages are sold in a form ready for consumption and where all or a significant portion of the consumption takes place or is designed to take place outside the confines of the building, often in a motor vehicle on the side.
DRIVE-THRU BUSINESS. An establishment which by design, physical facilities, service or by packaging procedures encourages or permits customers to receive services or obtain goods while remaining in their motor vehicles.
DWELLING. A building or portion thereof designed exclusively for permanent residential occupancy.
DWELLING, GROUP. A group of two or more one-family, two-family or multiple dwellings occupying a lot in one ownership and having any yard in common.
DWELLING, MULTIPLE. A building consisting of three or more dwelling units.
DWELLING, SINGLE-FAMILY. A building or portion thereof designed exclusively for permanent residential occupancy by one family, and separated from other dwelling units by open space.
DWELLING, TWO-FAMILY. A building consisting of two dwelling units which may be either attached side by side or one above the other.
DWELLING, UNIT. A building or portion thereof providing complete housekeeping facilities for one family.
FAMILY. One or more persons occupying a single dwelling unit, provided that unless all members are related by blood, adoption, marriage or guardianship, no such family shall contain over five persons.
FARM. Any parcel of land containing at least five acres which is used for the raising of agricultural products, livestock, poultry, and dairy products. It includes necessary farm structures and the storage of equipment used, subject however, to applicable regulations. It excludes the raising of fur-bearing animals, riding academies, liveries, boarding stables or dog kennels.
FENCE. An artificially constructed barrier of any material or combination of materials erected to enclose or screen areas of land.
FENCE AND WALL RESTRICTIONS IN FRONT YARDS. In any required front yard, no fence or wall shall be permitted which materially impedes vision across such yard above the height of two and one-half feet, and no hedge or other vegetation shall be permitted which materially impedes vision across such yard between the height of two and one-half and ten feet, except as otherwise permitted in the screening requirements of the chapter.
FLOOR AREA. The sum of the gross horizontal areas of the several floors of the building or buildings, measured from the exterior walls, or from the centerline of a wall separating two buildings, but not including interior parking spaces, loading space for motor vehicles, or any space where the floor-to-ceiling height is less than six feet.
GARAGE, PRIVATE. A detached accessory building or portion of a principal building for the parking or temporary storage of automobiles, travel trailers, and/or boats of the occupants of the premises and wherein:
(1) Not more than one space is rented for parking to persons not residents on the premises;
(2) Not more than one commercial vehicle per dwelling unit is parked or stored; and
(3) The commercial vehicle permitted does not exceed two tons capacity.
GARAGE, PUBLIC. Any garages other than a private garage, available to the public, operated for gain, and which is used for storage, repair, rental, greasing, washing, servicing, adjusting or equipping of automobiles or other motor vehicles.
GARAGE, STORAGE. A principal or accessory building other than a private garage, used for the parking or temporary storage of passenger automobiles and in which no service shall be provided for remuneration.
GASOLINE STATION. Any area of land, including structures thereon, that is used for the sale of gasoline or any other motor vehicle fuel and oil and other lubricating substances, including any sale of motor vehicle accessories, and which may or may not include facilities for lubricating, washing or otherwise servicing motor vehicles, but not including painting thereof by any means.
GRADE, PRE-DEVELOPMENT. The grade that existed at the time of application for a building or demolition permit, or the grade necessary to implement an approved subdivision plan. Determination of grade is by examination of the contour lines on the property as they extend to the adjoining properties and to the street. Fill cannot be added to the pre-development grade for the purpose of achieving a building height higher than that allowed in the district.
GUEST HOUSE. Living quarters within a detached accessory building located on the same premises with the main building, for use by temporary, non-paying guests of the occupants of the premises; such quarters are not to be rented or otherwise used as a separate dwelling. The floor area of a GUEST HOUSE shall not be less than 400 square feet nor more than 1,000 square feet.
HEIGHT, BUILDING.Height of a building is measured from the average elevation of the approved finished grade at the front of the building to the highest point of the roof, regardless of roof type.
HOME OCCUPATION. An occupation carried on by the occupant of a dwelling as a secondary use of that dwelling or in a structure accessory to the dwelling provided that:
(1) No person is employed other than residents of the dwelling;
(2) If the
HOME OCCUPATION is conducted in the dwelling, then the floor area devoted to such occupation shall not exceed 25% of the ground floor area of the dwelling;
(3) If the
HOME OCCUPATION is conducted in the structure accessory to the dwelling, then the floor area devoted to such occupation shall not exceed 600 square feet;
(4) Such use is not objectionable due to noise, hours of operation, hazards or noxious processes;
(5) There is neither regular nor frequent traffic to the property by the public for business or professional purposes;
(6) There shall be no exterior display, no exterior storage of materials and no other exterior indication of the home occupation or variation from the residential character of the dwelling or the structure accessory to the dwelling; and
(7) An exterior sign is subject to the requirements of Sign Ordinance 8, 1991.
HOTEL. Every establishment kept, used, maintained, advertised or held out to the public to be a place where sleeping accommodations are offered for pay to guests for a period of 30 days or less, in which one or more rooms are used for the accommodation, whether the rooms are in one or several structures. The term “hotel” may also include inns, bed and breakfast inns, motels, cabins and condominiums even though they may not use the term “hotel”.
INDUSTRIAL UNIT, APPROVED. A dwelling unit constructed off-site and that is certified by the Ohio Department of Industrial Relations as meeting the requirements of the Ohio Basic Building Code.
INDUSTRIAL UNIT, UNAPPROVED. A dwelling unit constructed off-site and does not meet the requirements of the Ohio Basic Building Code as determined by the Ohio Department of Industrial Relations.
JUNK. Worn-out, castoff, stored or discarded articles or material which is or may be salvaged for reuse, resale, reduction or similar disposition, or which is possessed, transported, owned, collected, accumulated, dismantled or assorted for the forementioned purposes. Any article or material which, unaltered or unchanged, and without further reconditioning can be used for its original purpose as readily as when new, shall not be considered JUNK.
JUNK YARD. The use of more than 200 square feet and/or 1,200 cubic feet of the area of any lot, whether inside a building, or the use of any portion of that half of any lot that joins any street, for the storage, keeping or abandonment of junk, of scrap materials, or the dismantling, demolition or abandonment of automobiles or other vehicles or machinery or parts thereof.
KENNEL. Any lot or premises on which four or more domesticated animals, more than four months of age, are housed, groomed, bred, boarded, trained or sold.
LATTICE TOWER. A support structure constructed of vertical metal struts and cross braces forming a triangular or square structure which often tapers from the foundation to the top.
LOADING SPACE. An off-street space or berth used for the loading or unloading of commercial vehicles.
LOT.
(1) A parcel of land occupied or to be occupied by a principal structure or group of structures and accessory structures together with such yards, open spaces, lot width and lot area as are required by the Zoning Chapter and having not less than the minimum required frontage upon an improved public street or an approved private street, either shown and identified by lot number of a plat of record, or considered as a unit of property and described by metes and bounds.
(2) Such lot may consist of:
(a) Single lot of record;
(b) Portion of a lot of record; or
(c) Combination of complete lots of record, of complete lots of record and portions of lots of record, or of portions of lots of record.
LOT, CORNER. A lot abutting upon two or more streets at their intersections, or upon two parts of the same street forming an interior angle of less than 135 degrees.
LOT COVERAGE. The ratio of the sum of the ground floor area of all buildings/structures on a lot to the horizontally projected area of the lot, expressed as a percentage.
LOT, DEPTH. A mean horizontal distance between the front lot line and the rear lot line, measured in a general direction parallel with its side lot lines. Unless otherwise specified, length shall be measured from the street right-of-way line. Lot length and LOT DEPTH have the same meaning.
LOT FRONTAGE. Distance between lot lines measured from the point where one lot line intersects the principle right-of-way for that lot directly to the point where the other lot line intersects the principle right-of-way for that lot.
LOT, INTERIOR. A lot other than a corner lot.
LOT LINES. Any line dividing one lot from another.
LOT, MINIMUM AREA OF. The area of a lot computed exclusive of any portion of the right-of-way of any public or private street.
LOT OF RECORD. A lot which is part of a subdivision recorded in the office of the county recorder, or a lot or parcel described by metes and bounds, the description of which has been so recorded.
LOT, THROUGH. A lot fronting on two parallel or approximately parallel streets.
LOT, WIDTH. The width of a lot at the building setback line measured at right angles to its depth. The WIDTH OF LOTS fronting on a cul-de-sac shall be the chord distance between side lot lines for the curve coinciding with the required building setback.
MANUFACTURED HOME. Any non-self propelled vehicle, transportable in one or more sections, which in the traveling mode, is eight body feet or more in width, and 40 body feet or more in length or, when erected on site, is 320 or more square feet, and which is built on a permanent chassis and designed to be used for human habitation with or without a permanent foundation when connected to the required utilities and includes the plumbing, heating, air conditioning and electrical systems contained therein. Calculations used to determine the number of square feet in a structure are based on the structure's exterior dimensions at the largest horizontal projections when erected on site. These dimensions include all expandable rooms, cabinets and outer projections containing interior space, but do not include bay windows.
MANUFACTURED HOME PARK. Any tract of land upon which three or more manufactured homes used for habitation are parked, either free of charge or for revenue purposes, and includes any roadways, buildings, structures, vehicles or enclosures used/intended for use as part of the facilities of the park. A tract of land which is subdivided and the individual lots are not for rent or rented, but are for sale or sold for the purpose of installation of manufactured homes on the lots is not a MANUFACTURED HOME PARK, even though three or more manufactured homes are parked thereon if the roadways are dedicated to the local government authority.
MARINA. A boat basin that has docks or moorings for seven or more watercraft as defined in Ohio R.C. § 1547.01. MARINA does not include docks or moorings contiguous to a private residence and used only by the occupant of that residence and his or her non-paying guests.
MINI STORAGE BUILDING. A building not over 20 feet high measured to the peak, providing one or more separate storage spaces of not over 300 square feet each, with individual outside access or rental to the public for storage of non-hazardous personal goods.
MOBILE HOME. See MANUFACTURED HOME.
MODULAR BUILDINGS AND MODULAR HOMES. Sectional prefabricated dwelling units that consist of multiple modules or sections which are manufactured in a remote facility and then delivered to their intended site of use. The modules are assembled into a single residential building using either a crane or trucks. Modular buildings are considerably different from mobile homes. Off-frame modular dwellings differ from mobile homes largely in their absence of axles or a frame, meaning that they are typically transported to their site by means of flat-bed trucks.
MONOPOLE. A support structure constructed of a single, self-supporting hollow metal tube securely anchored to the foundation.
MOTEL, HOTEL and APARTMENT HOTEL. A building in which lodging, or boarding and lodging, are provided and offered to the public for compensation. As such, it is open to the public in contradistinction to a boarding house, rooming house, lodging house or dormitory which is herein separately defined.
MOTOR VEHICLE REPAIR SHOP. A building, or portion of building, arranged, intended or designed to be used for making repairs to motor vehicles.
NONCONFORMING USE. A building, structure or use of land or building lawfully existing at the time of the enactment of this chapter or amendment thereto and which does not conform to the regulations of the district or zone in which it is situated.
NUDE or NUDITY. The showing, representation or depiction of human male or female genitals, pubic area or buttocks with less than full, opaque covering of any portion thereof, or female breast(s) with less than a full, opaque covering of any portion thereof below the top of the nipple, or of covered male genitals in a discernibly turgid state.
NURSERY SCHOOL. See CHILD DAY-CARE CENTER.
NURSING HOME. An extended or intermediate care facility licensed or approved to provide full- time convalescent or chronic care to individuals who, by reason of advanced age, chronic illness or infirmity are unable to care for themselves.
OUTDOOR ADVERTISING SIGN. Any card, paper, metal, painted surface, glass, wooden, plastic stone or other sign of any kind of character whatsoever, placed for outdoor advertising purposes on the ground or on any tree, wall, bush, rock, post, fence, building, structure or other thing whatsoever. The term PLACES shall include erecting, constructing, posting, painting, printing, tacking, mailing, gluing, sticking, carving or otherwise fastening, affixing or making visible in any manner whatsoever.
PARKING LOT. An off-street, ground level area, usually surfaced and improved, for the temporary storage of motor vehicles.
PARKING SPACE. An off-street space available for the parking of one motor vehicle with room for opening the doors on both sides together with properly related access to a public street or alley and maneuvering room.
PARKING AND STORAGE OF CERTAIN VEHICLES. Motor vehicles or trailers of any kind or type without current license plates shall not be parked or stored on any residentially zoned property other than in completely enclosed buildings.
PERSON. A corporation, firm, partnership, association, organization, unit of government or any other that acts as a unit.
POOLS, PRIVATE SWIMMING. A permanent structure, pond or other body of water, either above or below the surface of the ground, for the purpose of holding water for recreation, landscaping, drainage or therapeutic purposes. This definition shall not apply to wading pools or other similar structures less than 18 inches in depth and less than 20 square feet in size or temporary or portable in nature.
PRE-DEVELOPMENT GRADE. The grade that existed at the time of application for a building or demolition permit, or the grade necessary to implement an approved subdivision plan. Determination of grade is by examination of the contour lines on the property as they extend to the adjoining properties and to the street. Fill can not be added to the pre-development grade for the purpose of achieving a building height higher than 35 feet.
PROFESSIONAL OFFICE. An office used by members and the necessary personnel of a recognized profession including but not limited to, architects, dentists, engineers, lawyers, physicians, surgeons, realty agents, insurance agents and brokers.
PUBLIC USES. Public parks, schools, administrative and cultural buildings and structures, not including public land or buildings devoted solely to the storage and maintenance of equipment and materials and public service facilities.
QUASIPUBLIC USE. Churches, Sunday schools, parochial schools, colleges, hospitals and other facilities of an education, religious, charitable, philanthropic or nonprofit nature.
RECREATIONAL VEHICLE. A vehicular portable structure that is designed and constructed to be used as a temporary dwelling for travel, recreational and vacation uses and is classed as follows:
(1) FIFTH WHEEL TRAILER. A vehicle that is of such size and weight as to be movable without a special highway permit, that has a gross trailer area of 400 square feet or less, that is constructed with a raised forward section that allows a bi-level floor plan, and that is designed to be towed by a vehicle equipped with a fifth-wheel hitch ordinarily installed in the bed of a truck.
(2) MOTOR HOME. A self-propelled recreational vehicle that is constructed with permanently installed facilities for cold storage, cooking and consuming of food, and for sleeping.
(3) PARK TRAILER. A vehicle that is commonly known as a park model recreational vehicle, meets the American National Standard Institute Standard A119.5 (1988) for park trailers, is built on a single chassis, has a gross trailer area of 400 square feet or less when set up, is designed for seasonal or temporary living quarters, and may be connected to utilities necessary for the operation of installed features and appliances.
(4) TRAVEL TRAILER. A non-self propelled recreational vehicle that does not exceed an overall length of 35 feet, exclusive of bumper and tongue or coupling, and includes a tent-type fold-out camping trailer as defined in Ohio R.C. § 4517.01.
(5) TRUCK CAMPER. A non-self propelled recreational vehicle that does not have wheels for road use and is designed to be placed upon and attached to a motor vehicle. TRUCK CAMPER does not include truck covers that consist of walls and a roof, but do not have floors and facilities enabling them to be used as a dwelling.
RESTAURANT. An establishment where food and drink for sale to the general public is prepared, served and consumed within the principal building or an attached outside patio/deck area.
SERVICE STATION. See GASOLINE STATION.
SETBACK LINE. A line established by this chapter, generally parallel with and measured from the edge of the road right-of-way or other lot lines, defining the limits of the yards in which location of buildings or structures may be restricted.
SEXUAL ACTIVITY. Sexual conduct or sexual contact, or both.
SEXUAL CONTACT. Any touching of an erogenous zone of another, including without limitation the thigh, genitals, buttock, pubic region, or, if the person is a female, a breast, for the purpose of sexually arousing or gratifying either person.
SEXUAL EXCITEMENT. The condition of the human male or female genitals, when in a state of sexual stimulation or arousal.
SIGN. Any letters, pictorial representation, symbol, flag, emblem, illuminated or animated device, displayed in any manner whatsoever, which directs attention of persons to any object, subject, place, person, activity, product, service, institution, organization or business.
STORY. The portion of a building included between the surface of any floor and the surface of the floor next above it, or if there be no floor above it, then the space between any floor and the ceiling next above it.
STORY, HALF. A story under a gable, hip or gambrel roof, the wall plates of which on at least two opposite exterior walls are not more than two feet above the floor of such story.
STREET. A right-of-way that is established by record to provide the principal means of access to abutting property.
STRUCTURE. Anything constructed or erected that required location on or in the ground or attachment to something having a location on or in the ground.
TELECOMMUNICATION. The technology which enables information to be exchanged through the transmission of voice, video or data signals by means of electrical or electromagnetic systems.
TOPLESS. The showing of a female breast with less than a full opaque covering of any portion thereof below the top of the nipple.
TRAVEL TRAILER. See RECREATIONAL VEHICLE.
USE. The specific purpose for which land or a building is designed, arranged, intended or for which it is or may be occupied or maintained.
VARIANCE. A modification of the strict terms of the regulations in this chapter.
WAREHOUSE. A building used primarily for the inside storage of goods and materials.
WIRELESS TELECOMMUNICATIONS EQUIPMENT SHELTER. A structure in which the electronic receiving and relay equipment for a wireless telecommunications facility is housed.
WIRELESS TELECOMMUNICATIONS FACILITY. A facility consisting of the equipment and structures involved in receiving telecommunications or radio signals from a mobile radio communications source and transmitting those signals to a central switching computer which connects the mobile unit with the land-based telephone lines.
WIRELESS TELECOMMUNICATIONS TOWER. A structure intended to support equipment used to transmit and/or receive telecommunications signals including monopoles, guyed and lattice construction steel structures.
YARD. An unoccupied space open to the sky, on the same level with a building or structure.
YARD, FRONT.
(1) An open unoccupied space on the same lot with a main building, extending the full width of the lot and situated between the street right-of-way line and the front line of the building projected to the side lines of the lot.
(2) The depth of the
FRONT YARD shall be measured between the front line of the building and the street side.
(3) Covered porches whether enclosed or unenclosed, shall be considered as part of the main building and shall not project into a required
FRONT YARD.
YARD, REAR.
(1) An open unoccupied space on the same lot with a main building, extending the full width of the lot and situated between the rear line of the lot and the rear line of the building projected to the side lines of the lot.
(2) The depth of the
REAR YARD shall be measured between the rear line of the lot, or the centerline of the alley, if there be an alley, and the rear line of the building.
YARD, SIDE. An open unoccupied space on the same lot with a main or accessory building situated between the building and the side line of the lot and extending from the front yard to the rear yard.
ZONING CHAPTER. The officially, adopted zoning regulations as contained in the codified ordinances of the Village of Marblehead.
(Ord. passed - -; Am. Ord. passed 2-10-2000; Am. Ord. 18, 2008, passed 12-11-2008; Am. Ord. 7, 2011, passed 6-23-2011; Am. Ord. 6, 2015, passed 6-10-2015)