1230.04  DEFINITIONS.
   Unless the context otherwise requires, the following definitions shall be used in the interpretation and construction of the Zoning Code.  Words used in the present tense shall include the future; the singular number shall include the plural, and the plural the singular; the word "building" shall include the word "structure", the word "used" shall include "arranged, designed, constructed, altered, converted, rented, leased" or "intended to be used".  And the word "shall" is mandatory and not discretionary.
   (1)   ACCESSORY BUILDINGS IN R-DISTRICT – YARD REQUIREMENTS:  An accessory building not located in the rear yard shall be an integral part of, or connected with, the principal building to which it is accessory, and shall be so setback as to comply with all yard and court requirements for a principal building.
   (2)   ACCESS, LEGAL:  A lot is considered to have legal access if it fronts on a public right-of-way in a manner sufficient to provide functional emergency vehicle access, or has an easement or license providing functional emergency vehicular access to a public right-of-way.
   (3)   ACCESSORY USE:  A use subordinate but integral to the principal use of a building or land, which is located on the same lot.  For example, a laundry facility provided for the residents of an apartment complex.
   (4)   ACCESSORY STRUCTURE:  A structure subordinate to the principal building located on the same lot set and serving a purpose customarily incidental to the use of the principal building.  For example, a 10' x 10' storage shed for lawn and garden equipment located in the rear yard of a single-family residence.
   (5)   AGRICULTURE:  The use of land for agricultural purposes, including farming, dairying, pasturage, agriculture, horticulture, floriculture, viticulture, and animal and poultry husbandry and the necessary accessory uses for packing, treating or storing the produce; provided, however, that the operation of any such accessory uses shall be secondary to that of normal agricultural activities and provided further that the above uses shall not include the commercial feeding of garbage or offal to swine or other animals.
   (6)   ALLEY OR LANE:  A public or private way not more than thirty feet wide affording only secondary access to abutting property.
   (7)   ANIMAL HOSPITAL:  A building or portion thereof used for the accommodation and treatment of animals, which also provides overnight care and kenneling.
   (8)   APARTMENT:  A suite of rooms or a room in a multi-family building arranged and intended for a place of residence of a single family or a group of individuals living together as a single housekeeping unit.
   (9)   APARTMENT EFFICIENCY:  A dwelling unit in a multi-family building, consisting of not more than one habitable room, together with kitchen or kitchenette and sanitary facilities.
   (10)   ASSISTED LIVING:  Any of a variety of health care options, which include a residential component, including nursing homes, rest homes, and convalescent facilities.
   (11)   ATTACHED STRUCTURES:  See STRUCTURES, ATTACHED.
   (12)   AUTOMOBILE REPAIR, MAJOR:  Rebuilding or reconditioning of engines, motor vehicles or trailers; collision services including body, frame, or fender straightening or repair; overall painting or paint shop; as well as regular and routine maintenance on vehicles exceeding a gross vehicle weight rating (GVWR) of 12,000 pounds.
   (13)   AUTOMOBILE REPAIR, MINOR:  Regular and routine maintenance performed on vehicles rated at a gross vehicle weight rating (GVWR) of 12,000 pounds or less.  For example: oil and lubrication, tune-ups, car washes, tire repair or replacement, mufflers, brakes, and alignment work.
   (14)   AUTOMOBILE OR TRAILER SALES AREA:  An open area, other than a street, used for the display, sale or rental of new or used motor vehicles or trailers in operable condition and where no repair work is done.
   (15)   AWNING:  An architectural projection that provides weather protection, identity or decoration and is wholly supported by the building to which it is attached.
   (16)   BATHROOM GROUP:  A group of fixtures, including or excluding a bidet, consisting of a water closet, lavatory, and bathtub or shower.  Such fixtures are located together on the same floor.
   (17)   BED AND BREAKFAST:  A dwelling occupied by the owner where lodging is provided for transient persons with or without meals. (For more than four lodgers see HOTEL/MOTEL.  Also see BOARDING HOUSE and ROOMING HOUSE.)
   (18)   BEGINNING OF CONSTRUCTION:  The incorporation of labor and material within the walls of the building or buildings. (Requires building permit.)
   (19)   BOARD:  The Board of Zoning Appeals of the City.
   (20)   BOARDING HOUSE:  A dwelling occupied by the owner where lodging is provided for non-transient persons with or without meals, for remuneration.  (See ROOMING HOUSE and BED AND BREAKFAST.)
   (21)   BUILDING:  Any structure having a roof supported by columns or walls, used or intended to be used for the shelter or enclosure of persons, animals or property. 
   (22)   BUILDING AREA:  The area within and including the surrounding exterior walls.
   (23)   BUILDING CODE DEPARTMENT:  See DIVISION OF CODE ADMINISTRATION.
   (24)   BUILDING, HEIGHT OF:  The vertical distance from the average contact ground level at the front wall of the building to the highest point of the coping of a flat roof or to the deck line of a mansard roof, or to the mean height level between eaves and ridge for gable, hip or gambrel roods.
   (25)   BUILDING LINE:  The line/setback beyond which no building or part thereof shall project, except as otherwise provided by this Code.
   (26)   BUILDABLE LOT AREA: That part of the lot not included within the open areas required by this Code.
   (27)   CANOPY:  An architectural projection that provides weather protection, identity or decoration and is supported by the building to which it is attached and at the outer end by not less than one stanchion.
   (28)   CARE PROVIDING:  The providing of personal care and supervision for children and adults or preschool education on a twenty-four hour basis  (Also see DAY CARE.)
   (29)   CEMETERY:  Land used or intended to be used for the burial of the human or animal dead and dedicated for cemetery purposes, including columbarium's, crematories, mausoleums, and mortuaries if operated in connection with, and within the boundaries of, such cemetery.
   (30)   CITY:  The municipal corporation of Newark, Licking County, State of  Ohio.
   (31)   CITY BUILDING INSPECTOR:  The Code Administrator of the City of Newark or his/her designee.
   (32)   CLINIC:  A place used for the care, diagnosis and treatment of sick, ailing, infirm and injured persons and those who are in need of medical or surgical attention, but who are not provided with board or room nor kept overnight on the premises.
   (33)   CLUB:  A nonprofit association of persons who are bona fide members, paying regular dues, and are organized for some common purpose, but not including a group organized solely or primarily to render a service customarily carried on as a commercial enterprise.
   (34)   CLUSTERING:  The process, subject to Planning Commission approval, of exceeding the permitted density of any one acre in a development provided that the overall density of the development conforms to the regulations.  As a result of clustering, functional green space shall be created.
   (35)   CODE: The Zoning Code of Newark, Ohio.
   (36)   COMMISSION:  The Planning Commission of the City of Newark, Ohio.
   (37)   CONDITIONAL USE:  A use permitted when authorized by the Board of Zoning Appeals.
   (38)   CONDOMINIUM:  A form of property ownership whereby buildings, or portions of buildings are owned separately, but the land beneath the building(s) is owned commonly on a pro-rata basis by the owners of the buildings.  A condominium development is considered as one lot.  Roadways and utilities within a condominium development are considered private and shall be maintained by an appropriately created condominium association.
   (39)   CONSTRUCTION AND DEMOLITION WASTE:  Unwanted residue resulting from the demolition or construction of any building or other structure, including, but not limited to, roofing, concrete block, plaster, drywall, lumber, structural steel, plumbing fixtures, electrical wiring, heating and ventilation equipment, windows and doors, interior finishing materials including woodwork and cabinets, siding and sheathing and aged railroad ties.  CONSTRUCTION AND DEMOLITION WASTE does not include materials identified or listed as solid wastes or hazardous waste pursuant to Ohio R.C. Chapter 3734, pallets, cardboard or plastic containers, yard wastes, white goods, furniture, and clean fill.
   (40)   CONSTRUCTION AND DEMOLITION WASTE DISPOSAL FACILITY:  Any site, location, tract of land, installation, or building used for the disposal of construction and demolition waste.  This definition does not include a construction site where construction and demolition waste, trees and brush are removed from the construction site are used as fill material, either alone or in conjunction with clean soil, sand, gravel or other clean aggregates, in legitimate fill operations for construction purposes or to bring the site up to a consistent grade.
   (41)   COUNCIL:  The City Council of the City of Newark, Ohio.
   (42)   COURT:  An open unoccupied and unobstructed space, other than a yard, on the same lot with a building or group of buildings.
   (43)   DAY CARE:  The providing of personal care and supervision for children or adults or preschool education on less than a twenty-four hour basis.  (Also see CARE PROVIDING.)
   (44)   DENSITY:  The number of permitted lots per gross acre in a subdivision platted after the date of this Code.  Also, the maximum number of apartments or condominium units per acre.
   (45)   DETACHED STRUCTURE:  See STRUCTURES, DETACHED.
   (46)   DISPLAY SIGN:  A structure that is arranged, intended, designed or used as an advertisement, announcement or direction, including a sign, billboard and advertising device of any kind.
   (47)   DISTRICT:  A portion of the territory of the City of Newark within which certain uniform regulations and requirements or various combinations thereof apply under the provisions of this Code.
   (48)   DIVISION OF CODE ADMINISTRATION:  The office of the City of Newark charged with the enforcement of the various codes regulating construction within the City of Newark.
   (49)   DWELLING:  Any building or portion thereof designed or used for residential purposes, but not including a tent, cabin, travel trailer, motor home, rooming house, hotel or motel.
   (50)   DWELLING, ONE-FAMILY:  A building or portion thereof designed or used for residence purposes by one family or housekeeping unit.
   (51)   DWELLING, TWO-FAMILY:  A building or portion thereof designed or used for residence purposes by two families or housekeeping unit.
   (52)   DWELLING, MULTI-FAMILY:  A building or portion thereof designed or used for residence purposes by three or more families or housekeeping units.
   (53)   DWELLING GROUP:  A group of two or more detached dwellings located on a parcel of land in one ownership.
   (54)   DWELLING UNIT:  See UNIT, DWELLING.
   (55)   ESSENTIAL SERVICES:  The erection, construction, alteration or maintenance, by public utilities or municipal or other governmental agencies, of underground surface or overhead gas, electrical, steam or water transmission or distribution systems, collection, communication, supply or disposal systems, including poles, wires, mains, drains, sewers, pipes, conduits, cables, fire alarm boxes, police call boxes, traffic signals, hydrants, and other similar equipment and accessories in connection therewith; reasonably necessary for the furnishing of adequate service by such utilities or municipal or other governmental agencies or for the public health or safety of general welfare, but not including buildings.
   (56)   FAMILY:  An individual, two or more persons related by blood or law, or a group of not more than four unrelated persons living together in a dwelling unit.  Servants and up to two boarders sharing bathroom and kitchen facilities with a family are part of the family for this Code.  Family does not include a group of individuals living together in a rooming house.
   (57)   FLOOD WAY:  That portion of the flood plain as designated by the Federal Emergency Management Agency in which no building or filling may occur.
   (58)   FRONTAGE:  All the property abutting on one side of a street between intersecting or intersecting streets, or between a street and a right-of-way, waterway, end of a dead-end street, or City boundary measured along the street line.  An intersecting street shall determine only the boundary of the frontage on the side of the street, which it intersects.  (See Section 1240.06 and Chapter 1270.)
   (59)   FRONTAGE – WHERE MEASURED:  The frontage of the lot shall be measured along the front property line, but may be modified in the case of curvy-linear streets in accordance with Chapter 1270.
   (60)   GARAGE, PRIVATE:  A detached accessory building or a portion of the principal building used by the occupant of the premises customarily for the storage of vehicles or trailers.
   (61)   GREEN SPACE:  An area within a development designed to remain undeveloped and to be used either for recreation or as a natural preserve, or as a buffer between land uses.
   (62)   GROSS ACRE:  Used in calculating lot density in a subdivision and equals total acreage of development minus any acreage in the flood way.
   (63)   HOME BUSINESS:  Any service business conducted by a resident occupant with no retail sales and no employees.  It is the intent of this Code that any such use is of low intensity.
   (64)   HOSPITAL:  A building or portion thereof used for the care, diagnosis and treatment of sick, ailing, infirm and injured persons and those who are in need of medical or surgical attention, who are provided with board or room or kept overnight on the premises including sanitaria.
   (65)   HOTEL/MOTEL:  Any building or portion thereof, with a series of attached, semi-attached, or detached sleeping units for the accommodation of five or more transient guests.
   (66)   IMPROVED ROAD SURFACE:  That portion of the public right-of-way, which has been improved with concrete, asphalt, or gravel and is intended for vehicular traffic.
   (67)   INDUSTRY:  Storage, repair, manufacture, preparation or treatment of any article, substance or commodity.
   (68)   JUNK:  Old or scrap copper, brass, rope, rags, trash, waste, batteries, paper, rubber, iron, steel and other old or scrap ferrous or nonferrous materials, but does not include scrap tires.
   (69)   JUNK YARD:  An establishment or place of business that is maintained or operated for the purpose of storing, keeping, buying or selling junk (also see SALVAGE YARD & SCRAP METAL PROCESSING FACILITY).
   (70)   KENNEL:  Any structure or premises on which five or more dogs over four months of age are kept.
   (71)   KITCHEN:  Any room in a building or dwelling unit, which is used for cooking or the preparation of food.
   (72)   LAND USE PLAN:  The long-range plan for the desirable use of land in the City as officially adopted and as amended from time to time by the Planning Commission; the purpose of such plan is, to serve as a guide in the zoning and progressive changes in the zoning of land to meet the changing needs of the City, in the subdividing and use of undeveloped land, and the acquisition of right-of-way or sites for public purposes including streets, parks, schools and public buildings.
   (73)   LENGTH OF BUILDING:  The horizontal distance in feet, measured between the outer most vertical dimensions of any wall or column that is parallel to the facing of the building
   (74)   LIVING UNIT:  See UNIT, LIVING.
   (75)   LOADING SPACE:  An off-street space or berth on the same lot with a building or contiguous to a group of buildings, for the temporary parking of a commercial vehicle while loading or unloading merchandise or materials, and which abuts upon a street, alley or other appropriate means of legal access.
   (76)   LOT:  A piece or parcel of land occupied or intended to be occupied by a principal building or a group of buildings and accessory buildings, or utilized for a principal use and uses accessory thereto, together with such open spaces as required by this Code, and having legal access on a public street.
   (77)   LOT, CORNER:  A lot abutting upon two or more streets at their intersection or upon two parts of the same street, such streets or parts of the same street forming an interior angle of less than 135 degrees.  The point of intersection of the street lines is the "corner".
   (78)   LOT FRONTAGE:  See FRONTAGE and FRONTAGE-WHERE MEASURE.
   (79)   LOT, INTERIOR:  A lot other than a corner lot.
   (80)   LOT, DEPTH:  The average horizontal distance between the front and the rear lot lines.
   (81)   LOT LINES:  A line dividing one lot from another, or from a public right-of-way.
   (82)   LOT LINE, FRONT:  The line separating the lot from a public right-of-way.
   (83)   LOT LINE, REAR:  The lot line opposite and most distant from the front lot line.
   (84)   LOT LINE, SIDE:  Any lot line other than a front or rear lot line.  A side lot line separating a lot from a street is called a side street lot line.  A side lot line separating a lot from another lot or lots is called an interior side lot line.
   (85)   LOT LINE, STREET OR ALLEY:  A lot line separating the lot from a street or alley.
   (86)   LOT WIDTH:  The average width of the lot measured at right angles to its depth.
   (87)   LOT AREA:  The computed area contained within the lot lines.
   (88)   LOT, THROUGH:  A lot having frontage on two parallel or approximately parallel streets.
   (89)   MINERAL:  Any geologic material occurring naturally as a product.
   (90)   MOTEL:  See HOTEL/MOTEL.
   (91)   MOTOR HOME:  A motor vehicle designed to serve as permanent or temporary living quarters normally used for recreational travel.
   (92)   MOTOR VEHICLE:  A motorized or mechanically powered self-propelled wheeled conveyance not running on rails.
   (93)   NONCONFORMING USE:  A building, structure or premises legally existing or used at the time of adoption of this Code, or any amendment thereto, and which does not conform with the use regulations of the district in which located.  Any building, structure or premises conforming in respect to use but not in respect to height, area, yards or courts, floor area or distance requirements of more restricted districts or uses, shall not be a nonconforming use.
   (94)   OBCI DISTRICTS:  When used in this Code, OBCI Districts shall include the following districts:  LO, GO, LB, MB, HB, GB, LC, GC, DC, LI, GI and similar areas of a PUD.
   (95)   PROW:  see PUBLIC WAY.
   (96)   PARKING AREA, PRIVATE:  An open area for the same uses as private garage.
   (97)   PARKING AREA, PUBLIC:  An open area, other than a street or other public way, used for the parking of motor vehicles and available to the public whether for a fee, free or as an accommodation for clients or customers.
   (98)   PARKING SPACE:  A permanently surfaced area either within a structure or public parking area, exclusive of driveways or access drives, for the parking of one motor vehicle.
   (99)   PROPERTY LINES:  See LOT LINES.
   (100)   PUBLIC WAY:  An alley, avenue, boulevard, bridge, channel, ditch, easement, expressway, freeway, highway, land, parkway, right-of-way, or other ways in which the general public or a public entity have a right, or which are dedicated to public use, whether improved or not.
   (101)   R-DISTRICTS:  When used in this Code, R-Districts shall include the following districts RS, RL, RM, RH, RZLL, RMH, SFC, TFR, MFR, MFC, MFH, and the residential areas of a PUD, CD and AD District.
   (102)   REAR LOT:  A lot separated from, with no frontage on, a public right-of-way.
   (103)   RECYCLABLE HOUSEHOLD MATERIAL:  Paper, cardboard, bottles, cans and similar items, but not yard wastes, furniture, appliances, building materials, motor vehicles, motor vehicle parts or similar items.
   (104)   RECYCLE COLLECTION POINT: Location of containers used only for the collection of recyclable household material from non-commercial sources.  Open top and top-loading containers are not permitted at a recycle collection point.
   (105)   RECYCLE PROCESSING POINT: Location that has the capability of collecting, transferring, disassembling or breakdown of recyclable household material from commercial or non-commercial sources.
   (106)   RECYCLE TRANSFER POINT: Location that can collect, compress, package, bundle or transfer from one container to another, recyclable household material from a non-commercial source. Disassembly or breakdown of materials or products shall not be permitted at a recycle transfer point.  No such inventory storage may remain beyond forty-five days of placement.
   (107)   RIGHT-OF-WAY:  A strip of land dedicated for use as a public way.  In addition to the roadway, it incorporates the curbs, lawn strips, sidewalks, lighting, and drainage facilities, and special features (required by the topography or treatment) including grade separation, landscaped areas, viaducts and bridges.
   (108)   ROOMING HOUSE:  A building arranged or occupied for non-transient lodging, with or without meals, where three or more living units are individually rented, leased or provided, with or without access to common areas.  The building may or may not be occupied by the owner.  (See BOARDING HOUSE and BED AND BREAKFAST.)
   (109)   ROOMING UNIT:  See UNIT, ROOMING.
   (110)   SALVAGE MOTOR VEHICLE:  Any motor vehicle which is in a wrecked, dismantled or worn out condition, or unfit for operation as a motor vehicle.
   (111)   SALVAGE YARD:  Any site, location, tract of land, installation or building where equipment, appliances, motor vehicles, salvage motor vehicles and similar items are dismantled, disassembled, stripped or broken down into smaller components.  The small components may be sold onsite or transferred to another site for processing.
   (112)   SCHOOL, ELEMENTARY AND HIGH:  An institution of learning which offers instructions in the several branches of learning and study required to be taught in the public schools by the applicable statues of the State of Ohio.  High schools include junior and senior high schools.
   (113)   SCRAP METAL:  The following are considered scrap metal:  No. 1 copper, No. 2 copper, sheet copper, insulated copper wire, aluminum or copper radiators, red brass, yellow brass, aluminum sheet, aluminum extrusions, cast aluminum, clean aluminum wire, aluminum exteriors, contaminated aluminum, stainless steel, large appliances, miscellaneous steel, sheet irons, lead and electric motors.
   (114)   SCRAP METAL PROCESSING FACILITY:  An establishment having facilities for processing iron steel, or nonferrous scrap for sale for remelting purposes.
   (115)   SCRAP METAL TRANSFER FACILITY:  Any site, location, tract of land, installation or building that can collect, disassemble, package, bundle or transfer scrap metal from one container to another.
   (116)   SCRAP TIRE YARD:  An establishment where scrap tires are collected, temporarily stored, handled, recovered or processed.
   (117)   SERVICE DIRECTOR:  The Service Director of the City of Newark.
   (118)   SIGN:  See Chapter 1294.
   (119)   SLEEPING UNIT:  See UNIT, SLEEPING.
   (120)   SOLID WASTE DISPOSAL FACILITY:  Any site, location, tract of land, installation or building used for incineration, composting, sanitary land filling or other approved methods of disposal of solid wastes.
   (121)   SOLID WASTE FACILITY:  Any site, location, tract of land, installation or building used for incineration, composting, sanitary land filling or other methods of disposal of solid wastes or if the solid waste consists of scrap tires, for the collection, storage or processing of the solid wastes; for the transfer of solid wastes; for the treatment of solid wastes; for the treatment of infectious wastes; or for the storage, treatment or disposal of hazardous waste.
   (122)   SOLID WASTE TRANSFER FACILITY:  Any site, location, tract of land, installation or building that is used or intended to be used primarily for the purpose of transferring solid wastes that were generated off the premises of the facility from vehicles or containers into other vehicles for transportation to a solid waste disposal facility.
   (123)   STABLE, COMMERCIAL:  A stable for horses, donkeys, mules or ponies that are let, hired, used or boarded on a commercial basis and for compensation.
   (124)   STABLE, PRIVATE:  An accessory building for the keeping of horses, donkeys, mules, or ponies owned by the occupant of the premises and not kept for remuneration, hire or sale.
   (125)   STANDARD, PERFORMANCE:  A criterion established in the interest of protecting the public heath and safety for the control of noise, odor, smoke, noxious gases and other objectionable or dangerous elements generated by inherent in or incidental to land uses.
   (126)   STORY:  That portion of a building, included between the surface of any floor and the surface of the floor next above it; or if there is no floor above it, then the space between the floor and the ceiling next above it.
   (127)   STORY ABOVE GRADE:  Any story having its finished floor surface entirely above grade, except that a basement shall be considered as a story above grade where the finished surface of the floor above the basement is:
      A.   More than six feet above grade plane.
      B.   More than six feet above the finished ground level for more than fifty percent of the total building perimeter.
      C.   More than twelve feet above the finished ground level at any point.
   (128)   STORY, HALF:  A partial story under a roof, with the top wall plates on at least two exterior walls supporting said roof, are not more than four feet above the floor for which they are framed upon.
   (129)   STORY, FIRST:  The lowest story or the ground story of any building the floor of which shall not be more than twelve inches below the average contact ground level at the exterior walls of the building; except that any basement or cellar used for residence purposes shall be deemed the first story.
   (130)   STREET:  A public way fifty feet or more in width which provides a means of access to an abutting property, or any public way more than thirty feet and less than fifty feet in width provided it existed prior to the enactment of this Code.  The term STREET shall include avenue, drive, circle, road, parkway, boulevard, highway, thoroughfare, or any other similar term.
   (131)   STRUCTURE:  A building or anything constructed, the use of which requires permanent location on the ground, or attachment to something having a permanent location on the ground excluding, but not limited to, a pergola, playhouse or doghouse.
   (132)   STRUCTURES, ATTACHED:  Two or more structures connected by a minimum of a roof or similar item, which will not allow the passage of snow or rain between the structures.
   (133)   STRUCTURES, DETACHED:  Any structure which is independent of any other structure and where there are no architectural features that prevent the passage of rain or snow.
   (134)   STRUCTURAL ALTERATION:  Any change in the structural members of a building, such as walls, columns, beams or girders.
   (135)   THOROUGHFARE or LONG RANGE TRANSPORTATION PLAN:  A plan, or portion thereof, adopted by the Commission, indicating the general location of recommended major thoroughfares, such as arterial and collector routes.
   (136)   TRAILER:  A vehicle designed to be pulled behind a motor vehicle and haul passengers or goods.
   (137)   TRAVEL TRAILER:  A vehicle designed to serve as permanent or temporary living quarters normally drawn by a motor vehicle.
   (138)   UNIT, DWELLING:  A room or group of rooms forming habitable independent facilities for one or more persons, including permanent provisions for living, sleeping, eating, cooking and a bathroom group.
   (139)   UNIT, LIVING:  A room or group of rooms forming a single habitable space intended to be used for sleeping or living with or without provisions for cooking but without a bathroom group in the unit.
   (140)   UNIT, ROOMING:  A room or group of rooms forming a single habitable space intended to be used for sleeping or living, with no provisions for cooking and with or without a bathroom group.
   (141)   UNIT, SLEEPING:  A room or group of rooms forming a single habitable space intended to be used for sleeping or living with or without provisions for cooking and with or without a bathroom group.
   (142)   VARIANCE:  A variance is a relaxation of the provisions of the Zoning Code, where such variance will not be contrary to the public interest as may be granted after public hearing by the Board in Chapter 1234.
   (143)   VEHICLE:  The term VEHICLE shall include any powered or non-powered vehicle, motor vehicle or trailer.
   (144)   VETERINARY OFFICES:  A place used for the care, diagnosis and treatment of animals, including animals in need of medical or surgical attention, but with no provisions for overnight care or kenneling.
   (145)   YARD:  An open space other than a court, on a lot, not built upon and unobstructed from the ground upward except as otherwise provided in this Code.
   (146)   YARD, FRONT:  A yard extending across the full width of the lot, the depth of which is the minimum horizontal distance between the front lot line and a line parallel thereto on the lot.
   (147)   YARD, FRONT FOR CORNER LOTS:  In the development of corner lots the property owner shall designate which frontage is the front yard, thus establishing the rear and side yards.
   (148)   YARD, FRONT – HOW MEASURED:  The depth shall be measured from the right-of-way line of the existing street on which the lot fronts (the front lot line); provided, however, that if the proposed location of the right-of-way line of such street as established on the Thoroughfare Plan or on the "Official Map of the City of Newark" differs from that of the existing street then the required front yard least depth shall be measured from the right-of-way line of such street as designated on the Thoroughfare Plan of Official Map.
   (149)   YARD, REAR:  A yard extending across the full width of the lot, the depth of which is the minimum distance between the rear lot line and a line parallel thereto on the lot.
   (150)   YARD, SIDE:  A yard extending from the front yard to the rear yard, the width of which is the minimum horizontal distance between the side lot line and a line parallel thereto on the lot.
   (151)   YARD SIDE, LEAST WIDTH, HOW MEASURED:  The width shall be measured from the nearest side lot line and, in case the nearest side lot line is a side street lot line, from the right-of-way line of the existing street; provided, however, that if the street as established on the Thoroughfare Plan or on the "Official Map of the City of Newark" differs from that of the existing street, then the required side yard least width shall be measured from the right-of-way of such street as designated on the Thoroughfare Plan or Official Map.
   (152)   ZONING INSPECTOR:  The Code Administrator of the City of Newark, or his authorized representatives.
   (153)   ZONING MAP:  The Zoning Map of the City of Newark, together with all amendments subsequently adopted.
   (154)   ZONING CERTIFICATE OR ZONING PERMIT OR ZONING CERTIFICATE OF PLAN APPROVAL:  A document issued by the Zoning Inspector authorizing buildings, structures or uses consistent with the terms of this Code and for the purposes of carrying out and enforcing its provisions.
(Ord. 08-33-A.  Passed 5-4-09; Ord. 13-05.  Passed 5-6-13.)