For the purpose of this Ordinance certain terms and words are defined as follows. Words used in the present tense include the future, and the plural includes the singular, and the singular the plural. The word "shall" is intended to be mandatory; "occupied" or "used" shall be considered as though followed by the words "or intended, arranged, or designed to be used or occupied." Except where specifically defined, all words used in this Ordinance shall carry their customary meanings.
(1) Abutting: Having a common border with, or being separated from such a common border by a right of way, alley, or easement.
(2) Accessory Use: A use incidental to, and on the same lot as, a principal use.
(3) Accessory Apartment: A separate and complete dwelling unit that is contained within the structure of a single family dwelling unit.
(4) Accessory Structure: A subordinate structure detached from but located on the same lot as the principal structure, the use of which is incidental and accessory to that of the principal structure.
(5) Adult Motion Picture Theater: An establishment where, for any form of consideration, films, motion pictures, video cassettes, slides, or similar photographic reproductions are shown, and in which a substantial portion of the total presentation time is devoted to the showing of material characterized by an emphasis on the depiction or description of specified sexual activities or specified anatomical areas.
(6) Adult Cabaret: A nightclub, bar, restaurant, or similar establishment that regularly features live performances that are characterized by the exposure of specified anatomical areas or by specified sexual activities, or films, motion pictures, video cassettes, slides, or other photographic reproductions in which a substantial portion of the total presentation time is devoted to the showing of material that is characterized by an emphasis upon the depiction or description of specified sexual activities or specified anatomical areas.
(7) Adult Bookstore: An establishment that has as a substantial portion of its stock in trade and offers for sale, for any form of consideration, any one or more of the following: 1) books, magazines, periodicals, or other printed matter, or photographs, films, motion pictures, video cassettes, slides, or other visual representations that are characterized by an emphasis upon the depiction or description of specified sexual activities or specified anatomical areas; or 2) instruments, devices, or paraphernalia that are designed for use in connection with specified sexual activities.
(8) 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.
(9) Alley: A public or private way permanently reserved as a secondary means of access to abutting property.
(10) Alteration, Structural: Any change in the supporting members of a building or structure, such as bearing walls, columns, beams, or girders: provided, however, that the application of any exterior siding to an existing building for the purpose of beautifying and modernizing shall not be considered a structural alteration.
(11) Alteration: Any change, addition, or modification in construction or occupancy of an existing structure.
(12) Amusement Arcade: A building or part of a building in which five or more pinball machines, video games, or other similar player operated amusement devices are maintained.
(13) Automobile Sales and Service Businesses: The use of any building or portion thereof, or other premises or portion thereof, for the display, sale, rental, or lease of new motor vehicles, or used motor vehicles, along with any warranty repair work, and other repair service conducted as an accessory use on the same premises.
(14) Automobile Wrecking Yard: (See also junkyard) The dismantling or wrecking of used motor vehicles or trailers, or the storage, sale, or dumping of dismantled or wrecked vehicles or their parts. The presence on any lot or parcel of land of two or more motor vehicles, which, for a period exceeding 30 days, have not been capable of operating under their own power and from which parts have been or are to be removed for reuse or sale, shall constitute prima facie evidence of an automobile wrecking yard.
(15) Awnings: Any structure made of cloth with a metal frame attached to a building and projecting over a sidewalk, when the same is so erected as to permit its being raised to a position flat against the building when not in use.
(16) Bar or Lounge: Any premises wherein alcoholic beverages are sold at retail for consumption on the premises and minors are excluded therefrom by law. It shall not mean a premises wherein such beverages are sold in conjunction with the sale of food for consumption on the premises and the sale of said beverages comprises less than 25 percent of the gross receipts.
(17) Basement: That portion of a building that is partly or completely below grade.
(18) Bed and Breakfast: A house, or portion thereof, where short term lodging rooms and meals are provided. The operator of the inn shall live on the premises or in adjacent premises.
(19) Bedroom: The term bedroom includes any room used principally for sleeping purposes, an all purpose room, a study, or a den, provided that no room having less than 100 square feet of floor area shall be considered a bedroom.
(20) Billboard: Any structure or portion thereof, situated on private premises, on which lettered, figured or pictorial matter is displayed for advertising purposes, other than the name and occupation of the user of the premises or the nature of the business conducted thereon or the products primarily sold or manufactured thereon. Unless specifically indicated otherwise, billboards shall include any off-premise signs.
(21) Board: The Board of Zoning Appeals of the Municipality of New Concord, Ohio.
(22) Boarding House: An establishment with lodging for five or more persons where meals are regularly served for compensation and where food is placed upon the table family style, without service or ordering of individual portions from a menu. Also includes rooming house and college related clubs.
(23) Buffer Area: (See also screening) A landscaped area intended to separate and partially obstruct the view of two adjacent land uses or properties from one another.
(24) Building Line: The line, parallel to the street line that passes through the point of the principal building nearest the front lot line.
(25) Building Height: The vertical distance to the highest point of the roof for flat roofs; to the deck line of mansard roofs; and to the maximum height of any segment of a hip, gable or gambrel roof, as measured from the average surrounding grade elevation.
(26) Campground: An area or tract of land on which accommodations for temporary occupancy are located or may be placed, including cabins, tents, and major recreational equipment, and which is primarily used for recreational purposes and retains an open air or natural character.
(27) Canopy: Any structure, other than an awning, made of cloth or metal with a metal frame, attached to a building, projecting over a sidewalk, and carried by a frame supported by the ground or sidewalk.
(28) Car Wash: An area of land and/or a structure with machine or hand operated facilities used principally for the cleaning, washing, polishing, or waxing of passenger motor vehicles.
(29) Car wash, industrial: Mechanical facilities for the washing, waxing, and vacuuming of heavy trucks and buses and other commercial vehicular equipment.
(30) Cemetery: Land used or intended to be used for the burial of the dead and dedicated for cemetery purposes, including, crematories, mausoleums, and mortuaries when operated in conjunction with and within the boundaries of such cemetery.
(31) Child Care Facility: A building or structure where care, protection, and supervision are provided, on a regular schedule, at least twice a week to at least seven children.
(32) Church or Place of Religious Worship: An institution that people regularly attend to participate in or hold religious services, meetings, and other activities. The term "church" shall not carry a secular connotation and shall include buildings in which the religious services of any denomination are held.
(33) Clinic: A building designed and used for the diagnosis and treatment of human patients that does not include overnight care facilities.
(34) Club: Buildings or facilities owned or operated by a corporation, association, or persons for a social, educational, or recreational purpose; but not primarily for profit or to render a service that is customarily carried on as a business. This does not include student related organizations.
(35) Commercial Recreational Facilities: Recreational facilities open to the public, established and operated for a profit such as commercial golf courses, golf driving ranges, swimming pools, ice skating rinks, riding stables, race tracks, carnivals, boat docks and launching ramps, fishing piers and similar commercial enterprises.
(36) Commission: The Planning Commission of New Concord.
(37) Community Center: A place, structure, area, or other facility used for and providing religious, fraternal, social, and/or recreational programs generally open to the public and designed to accommodate and serve significant segments of the community.
(38) Comprehensive Plan: The long range plan, and any updates thereto, describing the desirable use of land as adopted by the Planning Commission; the purpose of such plan being, among other purposes, to serve as a guide in future development and zoning for the Municipality.
(39) Conditional Use: A use that, owing to some special characteristics attendant to its operation or installation (for example, potential danger, smoke, or noise), is permitted in a district subject to approval by the Board of Zoning Appeals, and subject to special requirements, different from those usual requirements for the district in which the conditional use may be located.
(40) Convenience Store: A small-scale food store usually less than 10,000 square feet in size, generally located in small neighborhood convenience centers. Such stores may have on-site service of food or drink for immediate consumption, carry for sale general food items as well as medicines, cosmetics, and limited beer and wine items.
(41) Congregate Housing: A residential facility for four or more elderly persons (age 60 or older) within which are provided living and sleeping facilities, meal preparation, laundry services, and room cleaning. Such facilities may also provide other services, such as transportation for routine social and medical appointments, and counseling.
(42) Council: The Village Council of New Concord.
(43) Density: The number of dwelling units permitted per net acre of land (excluding any public right-of-way).
(44) Development: All structures and other modifications of the natural landscape above and below ground or water, on a particular site.
(45) Dormitory: A building or buildings used primarily as living quarters for students or other groups associated with a college, university, club, boarding school, orphanage, convent, monastery, labor camp, religious orders or other similar uses. Dormitories include buildings with or without individual units or apartments.
(46) Drive-in facility: An establishment that, by design of physical facilities or by service or packaging procedures, encourages or permits customers to receive a service or obtain a product that may be used or consumed in a motor vehicle on the premises or to be entertained while remaining in an automobile.
(47) Dry Cleaner: A business that accepts garments to be cleaned, laundered and/or pressed by employees of such business.
(48) Dwelling Unit: One or more rooms physically arranged so as to create an independent housekeeping establishment for occupancy by one family with separate toilets and facilities for cooking and sleeping.
(49) Dwelling, attached: A dwelling which is joined to another dwelling at one or more sides by a party wall or walls. Also, sometimes known as "zero lot line."
(50) Dwelling, detached: A dwelling that is not attached to any other dwelling, excluding accessory dwellings.
(51) Dwelling, Multiple-Family: A building or portion thereof used for occupancy by three or more families living independently of each other and containing two or more dwelling units.
(52) Dwelling, Single-Family: A building consisting of a single dwelling unit only, separated from other dwelling units by open space.
(53) Dwelling, Two-Family: A building designed exclusively for occupancy by two families living independently of each other.
(54) Dwelling: A building or portion thereof used exclusively for residential purposes, including single-family and multi-family dwellings. The term "dwelling" shall include those involving industrialized units, but not including, mobile homes, manufactured homes, recreational vehicles, hotels, motels, bed and breakfasts, boarding houses, rooming houses, dormitories, congregate housing, group homes for the handicapped or halfway houses.
(55) Easement: The right of a person, government agency, or public utility company to use public or private land owned by another for a specific purpose.
(56) Facade: The exterior wall of a building exposed to public view or that wall viewed by persons not within the building.
(57) Family: One or more persons related by blood, adoption, or marriage, guardianship or foster parent contract living and cooking together as a single housekeeping unit, exclusive of household servants. A number of persons but not exceeding two (2) living and cooking together as a single housekeeping unit though not related by blood, adoption, or marriage shall be deemed to constitute a family.
(58) Fence: Any artificially constructed barrier of any material or combination of materials erected to enclose or screen areas of land.
(59) Frontage: The front or frontage is that side of a lot abutting on a street or way and ordinarily regarded as the front of the lot, but it shall not be considered as the ordinary side line of a corner lot.
(60) Funeral Home: A building or part thereof used for human funeral services. Such building may contain space and facilities for: a) embalming and the performance of other services used in preparation of the dead for burial; b) the performance of autopsies and other surgical procedures; c) the storage of caskets, funeral urns, and other related funeral supplies; and d) the storage of funeral vehicles, but shall not include facilities for cremation. Where a funeral home is permitted, a funeral chapel shall also be permitted.
(61) Garage, Private: A building for the private use of the owner or occupant of a principal building situated on the same lot of the principal building for the storage of motor vehicles with no facilities for mechanical service or repair of a commercial or public nature.
(62) Garage, Repair: A building designed and used for the storage, care, repair, or refinishing of motor vehicles including both minor and major mechanical overhauling, paint, and body work.
(63) Gas Station and Convenience store: A facility associated with the sale of gasoline products that also offers for sale prepackaged food items and tangible consumer goods, primarily for self-service by the consumer. Hot beverages, fountain-type beverages, and pastries may be included in the food items offered for sale.
(64) Grade: The lowest point of elevation of the finished surface of the ground, paving, or sidewalk within the area between the building and the property line, or when the property line is more than five feet from the building, between the building and a line five feet from the building.
(65) Gross Floor Area: The sum of the areas of the several floors of a building, including areas used for human occupancy in basements, attics, and penthouses, as measured from the exterior faces of the walls. It does not include cellars, unenclosed porches, or attics not used for human occupancy, or any floor space in accessory buildings or in the main building intended and designed for the parking of motor vehicles in order to meet the parking requirements of this bylaw, or any such floor space intended and designed for accessory heating and ventilating equipment. It shall include the horizontal area at each floor level devoted to stairwells and elevator shafts.
(66) Group Home for the Handicapped: A dwelling shared by four or more handicapped persons including resident staff, who live together as a single housekeeping unit and in a long term, family like environment in which staff persons provide needed care, education, and participation in community activities for the residents with the primary goal of enabling the resident to live as independently as possible in order to reach their maximum potential.
As used herein, the term "handicapped" shall mean having: 1) a physical or mental impairment that substantially limits one or more of such person's major life activities so that such person is incapable of living independently, 2) a record of having such an impairment; or 3) being regarded as having such impairment. However, "handicapped" shall not include current illegal use of or addiction to a controlled substance, nor shall it include any person whose residency in the home would constitute a direct threat to the health and safety of other individuals. The term “group home for the handicapped" shall not include alcoholism or drug treatment center, work release facilities for convicts or ex-convicts, or other housing facilities serving as an alternative to incarceration.
(67) Halfway House: A licensed home for persons in lieu of such more restrictive custodial confinement, wherein supervision, rehabilitation, and counseling are provided to mainstream residents back into society, enabling them to live independently. Such placement is pursuant to the authority of the State Department of Corrections.
(68) Health Club: A facility where members or nonmembers use equipment or space for the purpose of physical exercise.
(69) Home Occupation, Class 1: An occupation, profession, activity, or use that is clearly a customary, incidental, and secondary use of a residential dwelling unit. A Class 1 home occupation is defined as an activity with the following characteristics:
1. It is conducted entirely within the dwelling and occupies no more than twenty-five (25) percent of the total floor area of the dwelling, or does not exceed five hundred (500) square feet in area.
2. No equipment or processes used in conjunction with the home occupation are audible outside of the residence, or cause interference in any radio or television receivers off the premises.
3. There are no employees related to the home occupation that are not full- time residents of the dwelling.
4. All activities related to the home occupation are carried on indoors and no outdoor storage or display shall be permitted.
5. There is no change in the exterior appearance of the dwelling, or other visible evidence of the conduct of such home occupation other than a permitted non-illuminated sign.
6. No traffic is generated by the home occupation in greater volumes than would normally be expected in a residential neighborhood.
7. No article shall be offered for sale on the premises.
8. The home occupation shall not entail the use or storage of explosive, flammable, or otherwise hazardous waste.
(70) Home Occupation, Class 2: An occupation, profession, activity, or use that is clearly a customary, incidental, and secondary use of a residential dwelling unit. A Class 2 home occupation is defined as an activity with the following characteristics:
1. It is conducted entirely within the dwelling and occupies no more than thirty-three (33) percent of the total floor area of the dwelling, or occupies more than fifty (50) percent of an accessory structure (such as a garage).
2. There is no change in the exterior appearance of the dwelling, or other visible evidence of the conduct of such home occupation other than a permitted non-illuminated sign.
3. No equipment or processes used in conjunction with the home occupation are audible outside of the residence, or cause interference in any radio or television receivers off the premises.
4. There are up to two non-residents working as full- or part-time employees.
5. All activities related to the home occupation are carried on indoors and no outdoor storage or display shall be permitted.
6. Articles are offered for sale on the premises, or services to the public are provided on site (such as sewing, tool sharpening, small engine repair, computer repair, etc.).
7. Off-street parking for customers is provided only in residential driveways (not in dedicated parking areas or lots).
8. The home occupation shall not entail the use or storage of explosive, flammable, or otherwise hazardous waste.
(71) Hospital: An institution specializing in giving clinical, temporary, and emergency services of a medical or surgical nature to human patients and injured persons, and licensed by state law to provide facilities and services in surgery, obstetrics, and general medical practice.
(72) Hotel: A facility offering transient lodging accommodations on a daily rate to the general public and providing additional services, such as restaurants, meeting rooms, and recreational facilities.
(73) Impervious Surface: Any material that substantially reduces or prevents the infiltration of storm water into previously undeveloped land. Impervious surface shall include graveled driveways and parking areas.
(74) Junk: Used machinery, scrap iron, steel, other ferrous and nonferrous metals, tools, implements or portions thereof, glass, plastic, cordage, building materials, or other waste that has been abandoned from its original use and may be used again in its present or in a new form.
(75) Junkyard (See also automobile wrecking yard): An area where junk, wastes or used or secondhand materials are bought, sold, exchanged, stored, processed, or handled. Materials shall include but are not limited to scrap iron and other metals, paper, rags, rubber tires, and bottles. An automobile wrecking yard is also considered a junkyard.
(76) Kennel: An establishment licensed to operate a facility housing dogs, cats, or other household pets and where grooming, breeding, boarding, training, or selling of animals is conducted as a business.
(77) Kennel, private: Any building or buildings or land designed or arranged for the care of dogs and cats belonging to the owner of the principal use, kept for purposes of show, hunting, or as pets.
(78) Laundry, Self service: A business that provides home type washing, drying, and/or ironing machines for hire to be used by customers on the premises.
(79) Lot Line, Side: Any lot line not a front or rear lot line.
(80) Lot Line, Rear: The lot line not intersecting a front lot line that is most distant from and most closely parallel to the front lot line. A lot bounded by only three lot lines will not have a rear lot line.
(81) Lot Line: A line dividing one lot from another lot or from a street or alley.
(82) Lot Width The horizontal distance between side lot lines measured at the required front setback line.
(83) Lot of Record: A lot whose existence, location, and dimensions have been legally recorded or registered in a deed or on a plat.
(84) Lot, Corner: A lot abutting on and at the intersection of two or more streets.
(85) Lot, Interior: An interior lot is a lot other than a corner lot.
(86) Lot Coverage: Determined by dividing that area of a lot that is occupied or covered by the total horizontal projected surface of all buildings, including covered porches and accessory buildings, by the gross area of that lot.
(87) Lot Area: The area of horizontal plane bounded by the vertical planes through front, side, and rear lot lines.
(88) Lot Depth: The average horizontal distance between the front and rear lot lines.
(89) Lot: A parcel of land intended to be separately owned, developed, and otherwise used as a unit.
(90) Manufactured Home Park: A parcel of land under single ownership that has been planned and improved for the placement of manufactured housing for dwelling purposes.
(91) Manufactured Home (See also mobile home): A factory built, single family structure that is manufactured under the authority of 42 U.S.C. Sec. 5401, the National Manufactured Home Construction and Safety Standards Act, of 1974, is transportable in one or more sections, is built on a permanent chassis, and is used as a place of human habitation; but which is not constructed with a permanent hitch or other device allowing transport of the unit other than for the purpose of delivery to a permanent site, and which does not have wheels or axles permanently attached to its body or frame.
(92) Mineral Extraction, Storage, and Processing: Any mining, quarrying or processing of limestone, sand, gravel, oil, natural gas, or other mineral resources.
(93) Mobile Home (See also manufactured home): A transportable, factory built home, designed to be used as a year-round residential dwelling and built prior to the enactment of the Federal Manufactured Home Construction and Safety Standards Act of 1974 which became effective June 15, 1976.
(94) Motel (See also hotel): A building or group of detached or connected buildings designed or used primarily for providing sleeping accommodations for automobile travelers and having a parking space next to a sleeping room. An automobile court or a tourist court with more than one unit or a motor lodge shall be deemed a motel.
(95) Nonconforming Use: A lawful use of land that does not comply with the use regulations for its zoning district.
(96) Nonconforming Lot: A lot that does not meet the requirements of this Zoning Ordinance due to size and/or other lot dimension.
(97) Nonconforming Building: Any building that does not meet the limitations on building size and location on a lot, for the district in which such building is located, for the use to which such building is being put.
(98) Office: A building or portion of a building wherein services are performed involving predominantly administrative, professional, or clerical operations.
(99) Open Space: An area that is intended to provide light and air, and is designed for either environmental, scenic, or recreational purposes. Open space may include, but is not limited to, lawns, decorative planting, walkways, active and passive recreation areas, playgrounds, fountains, swimming pools, wooded areas, and water courses. Open space shall not be deemed to include driveways, parking lots, or other surfaces designed or intended for vehicular travel.
(100) Outdoor Furnaces: Any fuel burning equipment, apparatus, or structure located outside of a primary structure used to heat or supplement the heating of a structure.
(101) Outdoor storage: The keeping, in an unroofed area, of any goods, junk, material, merchandise, or vehicles in the same place for more than 72 hours.
(102) Parcel: A contiguous quantity of land in the possession of or owned by, or recorded as the property of, the same person or persons.
(103) Parking Space: An area on a lot and/or within a building intended for the use of temporary parking of a personal vehicle. This term is used interchangeably with parking stall. Each parking space must have a means of access to a public street. Tandem parking stalls in single family detached, single family attached, and townhome residential uses shall be considered to have a means of access to a public street.
(104) Parking Lot (See also garage, public): An area not within a building where motor vehicles may be stored for the purposes of temporary, daily, or overnight off-street parking.
(105) Planned Unit Development: Land under unified control to be planned and developed as a whole in a single development operation or a definitely programmed series of development operations or phases. A planned unit development includes principal and accessory structures and uses substantially related to the character and purposes of the planned development. A planned development is built according to general and detailed plans that include not only streets, utilities, lots and building location, and the like, but also site plans for all buildings as are intended to be located, constructed, used, and related to each other, and plans for other uses and improvements on the land as related to the buildings. A planned development includes a program for the provisions, operations, and maintenance of such areas, facilities, and improvements as will be for common use by some or all of the occupants of the planned development district, but which will not be provided, operated, or maintained at general public expense.
(106) Plant Nursery: The cultivation of crops, fruit trees, nursery stock, truck garden products and similar plant materials outside or within greenhouses for sale or for transplanting.
(107) Principal Use: The main use of land or structures, as distinguished from a secondary or accessory use.
(108) Principal Building: A building in which the primary use of the lot on which the building is located is conducted.
(109) Print Shop: A retail establishment that provides duplicating services using photocopy, blueprint, and offset printing equipment, including collating of booklets and reports.
(110) Public Service Facility: The erection, construction, alteration, operation or maintenance of buildings, power plants or substations, water treatment plants or pumping stations, sewage disposal or pumping plants and other similar public service structures by a public utility, by a railroad, whether publicly or privately owned, or by a municipal or other governmental agency, including the furnishing of electrical, gas, rail transport, communication, public water and sewerage services.
(111) Recreational Vehicle: A vehicular-type unit primarily designed as temporary living quarters for recreational, camping, or travel use, which either has its own motive power or is mounted on or drawn by another vehicle.
(112) Recreational Vehicle Park: A parcel of land reserved for the location of recreational vehicles, including buildings and sites set aside for group camping and similar recreational vehicles.
(113) Recycling Center: A facility that is not a junkyard and in which recoverable resources, such as newspapers, glassware, and metal cans, are collected, stored, flattened, crushed, or bundled, essentially by hand within a completely enclosed building.
(114) Research Laboratory: A building or group of buildings in which are located facilities for scientific research, investigation, testing, or experimentation, but not facilities for the manufacture or sale of products, except as incidental to the main purpose of the laboratory.
(115) Restaurant: An establishment that serves food and beverages primarily to persons seated within the building. This includes cafes, tea rooms, and outdoor cafes.
(116) Right of way: An area or strip of land, either public or private, on which an irrevocable right of passage has been recorded for the use of vehicles or pedestrians or both.
(117) Road, Public: All public property reserved or dedicated for street traffic.
(118) Rooming House: A building that is a primary residence of the owner and in which rooms are provided by the owner, for compensation, to three or more adult persons not related by blood, marriage or adoption, guardianship or foster parent contract to the owner. A building that is the residence of three or more persons not related by blood, adoption, or marriage, guardianship or foster parent contract containing one or more rooms intended for use for living or sleeping in which space is let for compensation in any form by the owner. A rooming house may include common cooking, bathroom, toilet, laundry and/or eating facilities not located within the rooming unit. Rooming house may include housing for students and fraternity and sorority houses, but shall not include a hotel, bed and breakfast, boarding house, congregate housing, group home for the handicapped, or dormitory.
(119) Satellite Dish Antenna: A device incorporating a reflective surface that is solid, open mesh, or bar configured and is in the shape of a shallow dish, cone, horn, or cornucopia. Such device is used to transmit and/or receive radio or electromagnetic waves between terrestrially and/or orbitally based uses. This definition is meant to include but not be limited to what are commonly called satellite earth stations, television reception only satellite dish antennas (TVROs), and satellite microwave antennas.
(120) School: A facility that provides a curriculum of elementary and secondary academic instruction, including kindergartens, elementary schools, junior high schools, and high schools.
(121) Screening (See also buffer yard): The method by which a view of one site from another adjacent site is shielded, concealed, or hidden. Screening techniques include fences, walls, hedges, berms, or other features.
(122) Seating Capacity: The actual seating capacity of an area based upon the number of seats or one seat per 18 inches of bench or pew length.
(123) Self Service Storage Facility: A building consisting of individual, small, self- contained units that are leased or owned for the storage of business and household goods or contractors supplies.
(124) Self-Service Laundry: A business that provides home-type washing, drying, and/or ironing machines for hire to be used by customers on the premises.
(125) Service Station (See also garage, repair): Any premises where gasoline and other petroleum products are sold and/or light maintenance activities such as engine tune-ups, lubrication, minor repairs, and carburetor cleaning are conducted. Service stations shall not include premises where heavy automobile maintenance activities such as engine overhauls, automobile painting, and body fender work are conducted.
(126) Setback(s): The required minimum horizontal distance between the building line and the related front, side, or rear property line.
(127) Sexually-Oriented Business: An establishment where a substantial portion of the use is related to adult materials, visual representations, performances, or services characterized by an emphasis upon specified sexual activities or specified sexual anatomical areas, including an: adult arcade, adult bookstore, adult cabaret, adult motel, adult motion picture theater, escort agency, nude model studio, massage parlor, sexual encounter center, or sexually-oriented spa.
(128) Sexually-Oriented Spa: A place or structure that provides bathing, saunas, showers or hot tubs, and engages in or offers to engage patrons in specified sexual activities or activities commonly associated with a sexual encounter center, for any form of consideration.
(129) Specified Sexual Anatomical Areas: Completely and opaquely covered human: genitals; pubic region; vulva; buttocks; anus; anal cleft; or human male genitals in a discernible turgid state even if completely and opaquely covered. The showing of the lower portion of the female breast below a horizontal line across the top of the areola at its highest point, but not including any portion of the cleavage of the human female breast exhibited by a dress, blouse, skirt, leotard, bathing suit, or other wearing apparel provided the areola or nipple is not exposed in whole or in part.
(130) Sign, Ground: A free standing detached sign that has a support structure imbedded in the ground, and does not involve any upright poles, or columns for support
(131) Sign, Projecting: Any sign other than a wall sign that is attached to and projects from the wall or face of a building or structure, including an arcade/marquee sign.
(132) Sign, Portable: Any sign not permanently affixed to the ground or to a building, including any sign attached to or displayed on a vehicle that is used for the expressed purpose of advertising a business establishment, product, service, or entertainment, when that vehicle is so parked as to attract the attention of the motoring or pedestrian traffic.
(133) Sign, Roof: Any sign erected upon, against, or directly above a roof or roof eave, or on top or above the parapet, or on a functional architectural appendage above the roof or roof eave.
(134) Sign, Temporary: A display, informational sign, banner, or other advertising device constructed of cloth, canvas, fabric, wood, or other temporary material, with or without a structural frame, and intended for a limited period of display, including decorative displays for holidays or public demonstrations, real estate for sale signs located on the property for sale.
(135) Sign, Window: A sign painted, stenciled, or affixed on a window, which is visible from a right of way.
(136) Sign, Wall: A sign painted on the outside of a building, or attached to, and placed parallel to the face of a building and supported by such building.
(137) Sign, Illuminated: A sign illuminated in any manner by an artificial light source.
(138) Sign, Awning, Canopy, or Marquee: A sign painted, stamped, perforated, or stitched, or otherwise applied on the valance of an awning.
(139) Sign Area: The entire area within a continuous perimeter, enclosing the extreme limits of sign display, including any frame or border. Curved, spherical, or any other shaped sign face shall be computed on the basis of actual surface area. The copy of signs composed of individual letters, numerals, or other devices shall be the sum of the area of the smallest rectangle or other geometric figure encompassing each of said letter or devices. The calculation for a double faced sign shall be the area of one face only.
(140) Sign, Free Standing: A sign supported by one or more upright poles, columns, or braces placed in or on the ground and not attached to any building or structure.
(141) Sign, Billboard: See billboard.
(142) Sign, Electronic Message Board: Any sign that uses changing lights to form a sign message or messages wherein the sequence of messages and the rate of change is electronically programmed and can be modified by electronic processes.
(143) Sign, Flashing: Any sign, which, by method or manner of illumination, flashes on or off, winks, or blinks with varying light intensity, shows motion, or creates the illusion of motion or revolves in a manner to create the illusion of being on or off.
(144) Sign: Any device or visual communication that is used for the purpose of bringing the subject thereof to the attention of the public through symbols, characters, or letters.
(145) Signable Wall Area: A continuous portion of a building unbroken by doors or windows on any one face of the building. It is calculated by drawing a rectangle within the area and computing the square footage of the rectangle.
(146) Site Plan: A plan, prepared to scale, showing accurately and with complete dimensioning, the boundaries of a site and the location of all buildings, structures, uses, and principal site development features proposed for a specific parcel of land.
(147) Solar Collection System, Roof Mounted: Panels or other solar energy devices which the primary purpose of which is to provide for the collection, inversion, storage, and distribution of solar energy for electricity generation, space heating, space cooling or water heating to buildings on the same property. Roof Mounted Solar Collection System shall be attached to structures and meet the conditions listed herein.
(148) Solar Collection System, Free Standing: Panels or other solar energy devices, the primary purpose of which is to provide for the collection, inversion, storage, and distribution of solar energy for electricity generation, space heating, space cooling or water heating to buildings on the same property and which meet the conditions listed herein.
(149) 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 be no floor above it, the space between such floor and the ceiling above it.
(150) Street: A public or private thoroughfare used, or intended to be used, for passage or travel by motor vehicles.
(151) Temporary Building: A structure erected to provide shelter for a use which is temporary in nature.
(152) Truck Terminal: Land and buildings used as a relay station for the transfer of a load from one vehicle to another or one party to another. The terminal cannot be used for permanent or long term accessory storage for principal land uses at other locations. The terminal facility may include storage areas for trucks and buildings or areas for the repair of trucks associated with the terminal.
(153) Variance: A dispensation permitted on individual parcels of property as a method of alleviating unnecessary hardship by allowing a reasonable deviation from the dimensional (i.e., height, bulk, yard) requirements of this Ordinance because of unusual or unique circumstances.
(154) Warehouse: A building used primarily for the storage of goods and materials.
(155) Warehousing and Distribution: A use engaged in storage, wholesale, and distribution of manufactured products, supplies, and equipment, but excluding bulk storage of materials that are inflammable or explosive or that create hazardous or commonly recognized offensive conditions.
(156) Yard, Side: A yard lying between the side lot line of the lot and the nearest line of the building and extending from the front yard to the rear yard, or in the absence of either of such front or rear yards, to the front or rear lot lines.
(157) Yard, Rear: A yard extending across the full width of the lot and lying between the rear lot line and the nearest line of the building. Rear yard depth shall be measured at right angles to the rear line of the lot.
(158) Yard, Front: A yard extending along the full width of a front lot line between side lot lines and from the front lot line to the front building line in depth.
(159) Yard: The required open space on a lot adjoining a lot line.
(Ord. K-5-94-2. Passed 5-9-94.)