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Richmond Heights Overview
Codified Ordinances of Richmond Heights, OH
CODIFIED ORDINANCES
DISCLAIMER
CERTIFICATION
ROSTER OF OFFICIALS
ADOPTING ORDINANCE NO. 82-70
EDITOR'S NOTE
COMPARATIVE SECTION TABLE
TABLES OF SPECIAL ORDINANCES
CHARTER
PART ONE - ADMINISTRATIVE CODE
PART THREE - TRAFFIC CODE
PART FIVE - GENERAL OFFENSES CODE
PART SEVEN - BUSINESS REGULATION CODE
PART NINE - STREETS AND PUBLIC SERVICES CODE
PART ELEVEN - PLANNING AND ZONING CODE
PART THIRTEEN - BUILDING CODE
PART FIFTEEN - FIRE PREVENTION CODE
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   1123.01 GENERAL TERMS.
   For the purpose of clarification, certain terms used in this Zoning Code shall be interpreted as follows:
   “Person” includes a firm, association, organization, partnership, trust, company or corporation as well as an individual; the present tense includes the future tense, the singular number includes the plural and the plural number includes the singular; the word “shall” is mandatory; “may” is permissive; “used” or “occupied” includes the words “intended”, “designed” or “arranged” to be “used” or “occupied”. Terms not herein defined shall have the meaning customarily assigned to them.
(Ord. 72-72. Passed 8-31-72.)
   1123.02 LETTERS A-B.
   For the purpose of this Zoning Code, certain terms are defined as follows:
   (a)   Alley. “Alley” means a dedicated public way less than fifty feet in width affording a secondary means of access to abutting property and not intended for general traffic circulation.
   (b)   Attic. “Attic” means the space between the ceiling beams of the top habitable floor and the roof.
   (c)   Automotive servicing and minor repair. “Automotive servicing and minor repair” includes the following activities: the changing of oil and other lubrication; tuning of motors; minor wheel and brake adjustment; similar minor servicing and repair; installation of wheels, tires, brakes and accessories; washing, waxing, polishing and interior cleaning but not a self-service auto laundry as defined and regulated herein. Activities included within the definition “automotive major repair” are not included within the meaning of “automotive servicing and minor repair”.
   (d)   Automotive major repair. “Automotive major repair” means major automotive repairs including, but not limited to: the removal or replacement of major mechanical parts such as the motor, transmission, differential, axles; replacement of body parts and glass; replacement of exhaust system parts; body and frame repair, painting, welding; upholstering work and similar activities.
(Ord. 69-2002. Passed 9-24-02.)
   (e)    Bar or Tavern. "Bar" or "Tavern" means a place of business dispensing beer, wine, spirituous liquors, or mixed beverages by the drink for on-site consumption, and in which the sale of food products for on-site consumption is incidental or secondary to dispensing of said drinks.
   (f)   Banquet Facility. "Banquet facility" means a place of business at which the principal activity is service of food and beverage to large groups of people as opposed to individual table service as in a restaurant. A banquet facility is typically rented for purposes of special events such as weddings, meetings, or other large group activities.
(Ord. 5-2007. Passed 3-13-07.)
   (g)   Basement. “Basement” means that portion of a building which is partly or wholly below grade, but so located that the vertical distance from the average grade to the ceiling is less than four feet six inches. A basement shall not be counted as a story.
   (h)   Block. “Block” means an area of land bounded by streets, public or common land or other definite limits.
   (i)   Board of Appeals. “Board of Appeals” means the Zoning Board of Appeals of the City of Richmond Heights.
   (j)   Buffer Strip. “Buffer strip” means a strip of land of definite width and location reserved for planting of shrubs and trees to serve as an obscuring screen.
   (k)   Building. “Building” means any structure, either temporary or permanent, having a roof and used or built for the shelter or enclosure of persons, animals, chattels or property of any kind.
      (1)   “Accessory building” means a building subordinate to the main or principal building on the lot and used for the purposes customarily incidental to those of the main building.
      (2)   “Height of a building” means the vertical distance from the established grade at the center of the front of the building to the highest point of the roof surface, if a flat roof, to the deck line for mansard roofs, and to the mean height level between the eaves and ridge for gable, hip and gambrel roofs.
      (3)   “Building line” means a line parallel to and measured from the front lot line and which defines the minimum required front setback line.
      (4)   “Principal building” means a building in which is conducted the primary use of the lot on which it is situated.
         (Ord. 69-2002. Passed 9-24-02.)
 
   1123.03 LETTERS C-D.
   As used in this Zoning Code:
   (a)   Car Wash. "Car Wash" means any building, structure, or facility used for a commercial enterprise of washing motor vehicles by self-service, attendant or machine, which is operated at charge to the customer, including, but not limited to, facilities subject to licensing requirements imposed by federal and state regulations including the Environmental Protection Agency and/or Occupational Safety and Health Administration, if applicable, and including, but not limited to, automatic, conveyor, and in-bay facilities as defined herein. "Automatic Car Wash" means a subset of Car Wash that moves motor vehicles through the wash equipment by means of a conveyor style mechanical apparatus during the wash, which is located completely inside a building or structure, and in which the driver may remain in the vehicle. "In-Bay Car Wash" means a subset of Car Wash in which the driver drives into or onto a bay or parking surface, parks the vehicle, and the motor vehicle remains stationary while either a machine moves over the vehicle to clean it; one or more employees clean the vehicle, or in which a customer parks the car and utilizes spray wands and/or brushes to wash the vehicle.
      (Ord. 123-2024. Passed 9-24-24.)
   (b)    Charter. "Charter" means the Charter of the City of Richmond Heights, including all amendments thereto.
   (c)    City. "City" means the City of Richmond Heights.
   (d)    Clerk. "Clerk" means the duly acting and qualified Clerk of the City.
   (e)    Code. "Code" means the Zoning Code of the City.
   (f)    Commission. "Commission" means the Planning and Zoning Commission of the City.
      (Ord. 72-72. Passed 8-31-72.)
   (g)   Computerized Sweepstakes Device. “Computerized sweepstakes device” means any computer, machine, game or apparatus which, upon the insertion of a coin, token, access number, magnetic card, or similar object, or upon the payment of anything of value, may be operated by the public generally for use as a contest of skill, entertainment or amusement, whether or not registering a score, and which provides the user with a chance to win anything of value that is not de minimus, on a per play basis, or any cash payout or anything that could be redeemed, directly or indirectly, for any cash payout, and which is not gambling under state or local laws. Machines designated for use by the State Lottery Commission are not computerized sweepstakes devices for purposes of this chapter. “De minimus”, as used in this section, shall mean less than ten dollars ($10.00). (Ord. 37-2011. Passed 8-23-11.)
   (h)    Conditional Use. "Conditional use" means a use which may be permitted in specific districts subject to compliance with certain standards and explicit conditions set forth in this Zoning Code and the granting of a conditional use permit.
   (i)    Condominium, Joint Ownership. "Joint ownership condominium" means ownership in common (undivided interest) with others of a parcel of improved land and certain parts of the building which are held for the use and enjoyment by the occupants (such as yards, walls, floors, basements, hallways, elevators and all other related common elements), together with individual ownership in fee of a particular unit or apartment in such building and any private land attached thereto for the exclusive use of the joint owners.
   (j)    Council. "Council" means the City Council of the City of Richmond Heights.
   (k)    Court. "Court" means an open unoccupied space other than a yard and bounded on at least two sides by a building. A court extending to the front lot line or front yard, or the rear lot line or rear yard is an outer court. Any other court is an inner court.
   (l)    Cul-de-sac. "Cul-de-sac" means a street, one end of which connects with another street and the other end of which terminates in turning facilities for vehicles. (Ord. 72-72. Passed 8-31-72.)
   (m)    Day Care Center. "Day care center "means a building or structure where care, protection, and supervision are provided for individuals on a regular basis away from their primary residence for less than 24 hours a day, with or without compensation and with or without stated educational purposes. The term includes, but is not limited to, facilities commonly known as day-care centers, day nurseries, nursery schools, preschools, play groups, day camps, summer camps, and centers for mentally retarded children, but specifically excludes any family day care home (as defined by the Ohio Revised Code) or group home.
      (Ord. 5-2007. Passed 3-13-07.)
   (n)    Development Area. "Development area" means a tract of land of five acres or more which may be subsequently subdivided into parcels of less than five acres. The development area may be owned by or controlled by one or more parties who are acting with the single purpose of developing contiguous parcels in accordance with the provisions of a single zoning district.
   (o)    Display, Outside. "Outside display" means the outdoor standing or placement of immediately useable goods which are available for sale, lease or rental and which are displayed in such a manner as to be readily accessible for inspection and removal by the potential customer.
   (p)    District. "District" means a portion of the incorporated area of the City within which certain regulations and requirements or various combinations thereof apply under the provisions of this Code.
   (q)    Drainage Way. “Drainage way" means the land required for construction or maintenance of storm water sewers or required along a drainage ditch, natural stream or watercourse.
      (Ord. 72-72. Passed 8-31-72.)
   (r)    Drive-Through Facility. "Drive-through facility" means an accessory use which involves sale or delivery of goods or services to customers in the customers’ vehicles or which involves delivery or return of goods to the site by customers in their vehicles. In a typical drive-through facility, one or more lanes are provided for customer-driven vehicles stacked or lined up for service or delivery or for access to a service window or drop off structure. A drive-through facility may also include an area in which customers park their vehicles and receive goods or services while seated in the vehicles. The areas and structures included in a drive-through facility may include the stacking lanes, parking spaces used while waiting for delivery of goods, menu boards, speakers, service windows, vending or service machines, and drop off containers. Examples of drive-through facilities include drive-through or drive-in restaurants, drive-up bank tellers, drive-up automatic teller machines, book or videotape drop-offs, car wash, parcel or material pickup, and postal or private delivery service boxes.    (Ord. 5-2007. Passed 3-13-07.)
   (s)    Dwelling, Multiple-Family or Multi-Family. "Multiple-family or multi-family dwelling" means a building or portion thereof, designed exclusively for occupancy by three or more families, living independently of each other with each unit having a separate entrance or at least one entrance to a common hall leading to the exterior.
   (t)    Dwelling, Multiple-Family or Multi-Family Low Rise. "Multiple-family or multifamily low rise dwelling" means a multi-family dwelling not more than two stories in height.
   (u)    Dwelling, Multiple-Family or Multi-Family Medium Rise. "Multiple-family or multi-family medium rise dwelling" means a multi-family dwelling of at least three but not more than six stories in height and for which elevator service is required.
   (v)    Dwelling, One-Family. "One-family dwelling" means a building designed exclusively for and occupied exclusively by one family, which is not physically attached to any other dwelling unit.
   (w)    Dwelling, Attached, One-Family. "Attached one-family dwelling" means and includes single-family dwelling units, not exceeding six, which are physically attached one to another by common or adjoining vertical walls, which have individual heating and plumbing systems and which are or may be individually owned and may be rented or may be sold as condominiums. Each dwelling unit shall have direct access from outdoors from at least the front and rear or side of the unit.
   (x)    Dwelling, Two-Family. "Two-family dwelling" means a building designed exclusively for occupancy by two families living independently of each other.
   (y)    Dwelling Unit. "Dwelling unit" means a building or portion thereof, designed for occupancy by one family for residential purposes and having cooking, living, sleeping, bathing and toilet facilities.
   (z)    Dwelling Unit, Efficiency Type. "Efficiency type dwelling unit" means a dwelling unit consisting of not more than one room in addition to kitchen and sanitary facilities and containing not less than 600 square feet of useable floor area. (Ord. 72-72. Passed 8-31-72.)
   (aa)    Conditional Zoning. "Conditional zoning" means the imposition of reasonable, binding conditions on the use of a specific property offered by an applicant and accepted by the Municipality, such conditions being in addition to the regulations provided for a particular zoning district or zone by the overall zoning ordinance. (Ord. 56-88. Passed 1-10-89.)
   1123.04 LETTERS E-F.
   As used in this Zoning Code:
   (a)    Easement. "Easement" means a grant by a property owner of the use of land for a specific purpose, by the general public, a corporation or another person.
      (Ord. 72-72. Passed 8-31-72.)
   (b)   Entertainment Facilities, Indoor. “Indoor entertainment facilities” shall mean a building or part of a building devoted to providing entertainment indoors for a fee, including, but not limited to, such activities as music, live performances, and games - e.g., pinball, video arcades, computer games, billiards, table games and similar small scale entertainment and amusements.
      (Ord. 20-2015. Passed 3-24-15.)
   (c)    Essential Services. "Essential services" means the erection, construction, alteration or maintenance by public utilities or municipal departments or commissions of underground or overhead gas, electricity, steam or water transmission or distribution systems, collection, communication, supply or disposal systems, including towers, poles, wires, mains, drains, sewers, conduits, cables, fire-alarm boxes, police call-boxes, traffic signals, hydrants and other similar equipment and accessories in connection therewith but not including buildings, reasonably necessary for the furnishing of adequate service by such public utilities or municipal departments or commissions or for the public health or safety or general welfare. This phrase also means the use of land, buildings and structures for municipal facilities that have been approved by Council after receiving a report and recommendation from the Planning and Zoning Commission.
   (d)    Family. "Family" means any number of persons living together in a room or rooms comprising a single housekeeping unit, doing their cooking on the premises and related by blood or marriage, and including the domestic employees thereof. (cf. Section 1123.05 (i) Household)
   (e)    Farm. "Farm" means a parcel or parcels of contiguous unplatted land of not less than ten acres which is directly farmed or used in the normal pursuits of agriculture by one farmer and which may include establishments operating as greenhouses, nurseries, orchards or apiaries.
   (f)    Floor Area of Dwelling Units.
      (1)    One-family dwelling units. The floor area of one-family dwelling units means the sum of the horizontal areas of each story of the dwelling unit measured from the exterior faces of the exterior walls. The floor area measurement shall not include the areas of basements, unfinished attics, attached or unattached garages, breezeways and enclosed and unenclosed porches.
      (2)    Attached single-family and two-family dwelling units. The floor area of attached single-family and two-family dwelling units means the sum of the horizontal floor areas measured from the exterior face of enclosing walls and the centerline of party walls. The area of basements, unfinished attics, attached or unattached garages, breezeways and enclosed or unenclosed porches shall not be included.
      (3)    Multi-family dwelling units. The floor area of multi-family dwelling units means the sum of the horizontal floor areas solely within a dwelling unit measured from the interior faces of enclosing and party walls. The area of basements, utility rooms, general storage rooms, garages and porches shall not be included.
   (g)    Floor Area, Useable. "Useable floor area" means the sum of the horizontal floor areas of all the floors of the building or structure and of all accessory buildings measured from the interior face of the exterior walls and which may be made useable for human habitation but excludes the horizontal floor area of heater rooms, mechanical equipment rooms, attics, unenclosed porches, light and elevator shafts, public corridors, public stairwells and public toilets.
   (h)    Frontage. "Frontage" means that portion of any property abutting a street. A corner lot and a through lot have frontage on both abutting streets.
      (Ord. 72-72. Passed 8-31-72.)
   1123.05 LETTERS G-K.
   As used in this Zoning Code:
   (a)    Garage, Private. "Private garage" means an accessory building or part of the main building used principally for the storage of private passenger motor vehicles, or solely for the private use of the owner or occupant of the principal building on a lot, or of their family or domestic employees and having not more than one story of fifteen feet in height. No service for remuneration may be conducted within the structure.
   (b)   Garage, Repair. “Repair garage” means a main or accessory building used or designed for repairing motor vehicles or a service garage if accessory to an automobile salesroom.
   (c)   Garage, Storage. “Storage garage” means an 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.
(Ord. 72-72. Passed 8-31-72.)
   (d)    Garden Center. "Garden center" means a place of business where retail garden and yard products are sold to the consumer, including such products as plants, seeds, planting materials (such as soil, mulch, fertilizer) in containers only, garden hardware and equipment, tools, and related seasonal products such seasonal decorations.
(Ord. 5-2007. Passed 3-13-07.)
   (e)   Gasoline Service Station. “Gasoline service station” means a place for the dispensing, sale or offering for sale of motor fuels directly to users of motor vehicles, together with the sale of minor accessories and the servicing of and minor repair of motor vehicles.
   (f)   Grade. “Grade” means a ground elevation established for the purpose of regulating the number of stories and the height of the building. The building grade shall be the level of the ground adjacent to the walls of the building if the finished grade is level. If the ground is not entirely level, the grade shall be determined by computing the average elevation of the ground for each face of the building, and taking the average of the total averages.
      (1)   “Established street grade” means the elevation established by the City at the street curb in front of the lot.
      (2)   “Finished grade” means the elevation of the finished surface of the ground adjoining the building after final grading and normal settlement.
      (3)   “Natural grade” means the elevation of the undisturbed natural surface of the ground prior to any excavation or fill.
         (Ord. 72-72. Passed 8-31-72.)
   (g)   Gross Leasable Area. “Gross leasable area” means the total floor area designed for tenant occupancy and exclusive use, not including any areas used in common by tenants of a shopping center. Gross leasable area shall be expressed in square feet and shall be measured from the centerline of joint partitions and from outside wall faces.
   (h)   Homes Association. “Homes association” means an incorporated, nonprofit organization operating under recorded land agreements through which each lot owner of a development area is a member, and each lot is subject to charges for a proportionate share of the expenses for the organization’s activities such as maintaining the common property.
   (i)   Hospital. “Hospital” means an installation used primarily for the inpatient medical, surgical, obstetrical or pediatric care and treatment of sick and disabled persons.
   (j)   Hotel. “Hotel” means a building or part of a building, or a group of buildings containing rental units designed for or occupied primarily by transients. The term shall include, but not be limited to, any such building or building group designated as a motor lodge, motor inn, motel or any other title intended to identify it as providing lodging, for compensation.
   (k)   Household. “Household” means any group of persons occupying a single dwelling unit; however, any group of persons, not related by blood or marriage, but inhabiting a single dwelling unit shall, for the purpose of this Zoning Code, be considered to constitute one family for each five persons, exclusive of domestic employees contained in such group.
   (l)   Housing for the Elderly. “Housing for the elderly” means an installation other than a hospital, hotel or nursing home which provides dwelling units primarily for persons sixty years of age or older.
   (m)   Junk Yard or Junk Storage. “Junk yard or junk storage” means the outdoor standing or placement of waste or scrap materials including but not limited to scrap iron or other metals, cans, automobiles, machinery, paper, rubber, rags, tires, lumber, concrete products, building materials or bottles.
      (Ord. 69-98. Passed 9-8-98.)
   1123.06 LETTERS L-M.
   As used in this Zoning Code:
   (a)   Landscaping. “Landscaping” means the treatment of the ground surface with lawn, other horticultural materials, walkways or suitable decorative surfacing approved by the City Landscape Architect and provided that any landscaped areas shall not be used for vehicular parking.
   (b)   Loading Space. “Loading space” means an off-street space on the same lot with a building or group of buildings, for temporary parking of a commercial vehicle while loading and unloading merchandise or materials.
   (c)   Lot. “Lot” means a parcel of land abutting a dedicated public street on which a principal building and its accessories may be placed, together with the required open spaces.
      (1)   Lot, corner. “Corner lot” means a lot of which at least two adjacent sides abut a street, provided that such two sides intersect at an angle of not more than 135 degrees. A lot abutting upon a curved street or streets shall be considered a corner lot if the tangents to the curve at its points of beginning within the lot or at the points of intersection are not more than 135 degrees. In the case of a corner lot with a curved street line, the corner shall be considered to be that point of the street and lot line nearest to the point of intersection of the tangents herein described.
      (2)   Lot depth. “Lot depth” means the mean horizontal distance of a lot measured between the front and rear lot lines.
      (3)   Lot, interior. “Interior lot” means a lot other than a corner lot.
      (4)   Lot, through. “Through lot” means a lot having front and rear lot lines abutting a street.
      (5)   Lot width. “Lot width” means the horizontal distance of a lot measured along the building line at right angles to the mean lot depth line. Width of front lot line is measured on the street line or from the projections of such lines for corner lots.
   (d)   Lot of Record. “Lot of record” means a parcel of land delineated and numbered on a plat recorded with the Cuyahoga County Recorder.
   (e)   Lot Line.
      (1)   Lot line, front. In the case of a lot abutting upon one street, the front lot line is the line separating such lot from such street. In the case of a corner or through lot, one such line shall be elected to be the front lot line for the purpose of this Zoning Code, provided it is so designated by the building plans filed for approval with the Director of Public Safety and the Planning and Zoning Commission.
      (2)   Lot line, rear. The rear lot line is that boundary which is opposite and most distant from the front lot line. In the case of a lot pointed at the rear, the rear lot line shall be that assumed line parallel to the front lot line, not less than ten feet long, lying farthest from the front lot line and wholly within the lot.
      (3)   Lot line, side. A side lot line is any lot boundary line not a front lot line or a rear lot line. A side lot line separating a lot from a street is a side street lot line. A side lot line separating a lot from another lot or lots is an interior lot line.
 
 
   (f)   Map. "Map" means a drawing showing geographic, topographic or other physical features of the land.
   (g)    Master Plan. "Master Plan" means the plan and statement of the objectives and recommendations for the general location and extent of desirable future land development, community facilities and street plans for the City, officially accepted and duly adopted.
      (Ord. 72-72. Passed 8-31-72.)
   (h)   Medical Marijuana. Medical marijuana means marijuana that is cultivated, processed, dispensed, tested, possessed or used for a medical purpose.
      (1)   Cultivator. Cultivator means an entity that has been issued a certificate of operation by the Ohio Department of Commerce to grow, harvest, package, and transport medical marijuana as permitted under Chapter 3796 of the Ohio Revised Code.
      (2)   Dispensary. Dispensary means an entity licensed pursuant to Sections 3796.04 and 3796.10 of the Ohio Revised Code and any rules promulgated thereunder to sell medical marijuana to qualifying patients and caregivers.
      (3)   Medical marijuana entity. Medical marijuana entity means a licensed medical marijuana cultivator, processor, dispensary or testing laboratory.
      (4)   Processor. Processor means an entity that has been issued a certificate of operation by the Ohio Department of Commerce to manufacture medical marijuana products.
      (5)   Testing laboratory. Testing laboratory means an independent laboratory located in Ohio that has been issued a certificate of operation by the Ohio Department of Commerce to have custody and use of controlled substances for scientific and medical purposes and for purposes of instruction, research or analysis.
         (Ord. 11-2017. Passed 2-28-17.)
   (i)   Mobile Home. "Mobile home" means a dwelling designed for transportation after fabrication on streets or highways on its own wheels, on a flatbed or other trailer, ready for occupancy except for minor operations, connections to utilities and the like.
   (j)    Motel. "Motel" means a building or buildings of attached, semidetached or detached rental units containing a bedroom and a bathroom providing facilities for overnight lodging primarily for the public traveling by motor vehicle, for compensation.
   (k)    Municipality. "Municipality" means the City of Richmond Heights, Ohio.
      (Ord. 72-72. Passed 8-31-72.)
   1123.07 LETTERS N-S.
   As used in this Zoning Code:
   (a)    Nonconforming Building. "Nonconforming building" means a building or portion thereof lawfully existing at the effective date of this Zoning Code (Ordinance 72-72, passed August 31, 1972) or amendments thereto, that does not conform to the provisions of this Zoning Code and/or the use regulations of the district in which it is located.
   (b)    Nonconforming Lot. "Nonconforming lot" means a lot existing lawfully at the time the Zoning Code or an amendment thereto, became effective but which does not conform to the lot area, width, access or other requirements of the district in which it is located.
   (c)    Nonconforming Use. "Nonconforming use" means a use of a building or land existing lawfully at the time the Zoning Code, or amendments thereto, became effective but which does not conform to the main or accessory use regulations of the district in which it is located.
   (d)    Nursing Home. "Nursing home" means an installation other than a hospital, having as its primary function the rendering of nursing care for extended periods of time to persons afflicted with illness, injury or infirmity.
   (e)    Parking. "Parking" means the standing or placement of motor vehicles currently used to transport people, goods or materials in the conduct of normal daily activities.
   (f)    Parking Space. "Parking space" means the area required for parking an automobile which shall be a minimum of nine feet six inches wide and twenty feet long, but not including drives and aisles.
   (g)    Pedestrian Way. "Pedestrian way" means a dedicated public right of way solely for pedestrian circulation.
   (h)    Planning Commission. "Planning Commission" means the Planning and Zoning Commission of the City of Richmond Heights.
   (i)    Plat. "Plat" means a map of a lot, parcel or subdivision on which the lines of each element are shown by accurate distances and bearings.
      (Ord. 72-72. Passed 8-31-72.)
   (j)    Public Utility. "Public utility" means any person, firm, corporation, municipal department, board or commission duly authorized by law to furnish, and furnishing to the public, under specific governmental regulation of its operations including, but not limited to, government regulation of the rates charged to consumers, manner of the provision of its services, and siting of its facilities, the following services: electric, gas, steam, telephone, telegraph, transportation, water, or sewage disposal; and which services are necessary and essential to the public health and safety, which entities by necessity must locate certain facilities in the public rights-of-way, and which entities possess the power of eminent domain.
(Ord. 17-97. Passed 4-22-97.)
   (k)   Recreational Vehicles and Equipment.
      (1)   Travel trailer. “Travel trailer” means a vehicular, portable structure, built on a chassis designed to be used as a temporary dwelling for travel, recreational and vacation uses, permanently identified “travel trailer” by the manufacturer.
      (2)   Pick-up camper. “Pick-up camper” means a structure designed primarily to be mounted on a pickup or truck chassis and with sufficient equipment to render it suitable for use as a temporary dwelling for travel, recreational or vacation uses.
      (3)   Motorized home. “Motorized home” means a portable dwelling designed and constructed as an integral part of a self-propelled vehicle.
      (4)   Folding tent trailer. “Folding tent trailer” means a canvass folding structure, mounted on wheels and designed for travel and vacation use.
      (5)   Boats and boat trailer. “Boats and boat trailer” means boats, floats and rafts, plus the normal equipment to transport the same on the highway.
(Ord. 72-72. Passed 8-31-72.)
   (l)    Restaurant. "Restaurant" means a place of business where food and beverages are prepared and assembled as meals and sold for consumption on the premises or in another location. The term “restaurant” does not include a grocery store, bakery, or other business in which the primary activity is preparation and sale of separate food items for off-premises consumption.
      (Ord. 5-2007. Passed 3-13-07.)
   (m)   Right of Way. “Right of way” means all of the land included within an area which is dedicated, reserved by deed, or granted by easement for street purposes.
      (1)   Roadway. “Roadway” means the pavement measured between curbs; that portion of a right of way available for vehicular travel, including parking lanes.
      (2)   Tree lawn. “Tree lawn” means that portion of a right of way lying between the exterior line of the roadway and the outside right-of-way line.
   (n)   Setback. “Setback” means the distance required to obtain the minimum front, side and rear open space provisions of the Zoning Code. Front yard setback shall be measured from the building line to the existing or proposed street right- of-way line, whichever is greater. If the Zone Map imposes a greater setback than the number of feet indicated in Chapter 1173 , the Zone Map distance shall control.
(Ord. 72-72. Passed 8-31-72.)
   (o)   Shopping Center. “Shopping center” means a group of commercial establishments, in separate or in common ownership, in which the land is planned, developed and operated as a single unit with a unified design of structures, parking, access drives, landscaped areas, and other common areas and facilities.
   (p)   Sign. “Sign” means the use of any words, numerals, figures, devices, designs or trademarks by which anything is made known, such as to show an individual, firm, profession, business, product or message and which are visible to the general public.
   (q)   Site, Building. “Building site” means the parcel or parcels of land which may be or shall be occupied by one or more buildings or structures for the uses permitted within a zoning district.
   (r)   Site Plan. “Site plan” means a general plan illustrating the proposed use, layout and design for a building site, which shall delineate the following:
      (1)   The dimensions of all lot and property lines, showing the relationship of the subject property to abutting properties. Such dimensions shall be shown in a scale of not less than 1 inch = 20 feet if the subject property is less than three acres and 1 inch = 100 feet if three acres or more.
      (2)   The date, north point and scale.
      (3)   The location of all existing and proposed structures on the subject property and all existing structures within 100 feet of the subject property.
      (4)   The location of all existing and proposed drives and parking areas.
      (5)   The location and right-of-way widths of all proposed and existing streets within the building site and all abutting streets and alleys.
      (6)   The topography of the site designating contours at not less than one foot intervals.
      (7)   Any area or areas to be preserved as open spaces.
      (8)   Plans for sanitary sewerage and storm drainage facilities and all other utility installations and connections, including proposed exterior lighting fixtures.
      (9)   The names and addresses of the architect, planner, designer or engineer responsible for the preparation of the site plan.
   (s)   Storage, New Vehicle. “New vehicle storage” means the standing or placement of new operable automobiles or trucks not previously used.
   (t)   Storage, Outside. “Outside storage” means the outdoor standing or placement of useable and potentially useable goods or equipment other than for display and not including waste or scrap materials.
   (u)   Story. “Story” means that portion of a building between one floor level and the ceiling next above it which meets the requirements of the Building Code for a habitable room, but not including a basement as defined in this chapter.
   (v)   Street. “Street” means a public way for purposes of vehicular travel, including the entire area within the rights of way. The term includes, but is not limited to, avenue, alley, boulevard, drive, highway, road and freeway. Streets shall be classified and further defined as follows:
      (1)   Arterial street (major thoroughfare). “Arterial street” means a public street which is primarily for moving fast or heavy traffic between large or intensively developed districts and which has a right-of-way width of not less than eighty feet.
      (2)   Collector street (secondary thoroughfare). “Collector street” means a street supplementary to and connecting arterial streets to local streets and which has a right-of-way width of more than sixty feet and less than eighty feet.
      (3)   Local street. “Local street” means a street primarily for access to abutting residential properties and to serve local needs and which has a right-of-way width of not more than sixty feet.
   (w)   Street Plan or Thoroughfare Plan. “Street plan” means the plan which shows the general location and extent of existing, planned and proposed streets and other transportation facilities for the City, duly adopted or officially accepted, separately or as a part of the Master Plan.
   (x)   Structure. “Structure” means anything constructed or erected, the use of which requires location on or under the ground or attachments to something having location on the ground.
      (Ord. 70-98. Passed 9-8-98.)
   (y)   Sweepstakes/Internet Cafe. “Sweepstakes/internet cafe” means any premises upon which any computerized sweepstakes device is located for the use or entertainment of the public, whether or not such premises has other business purposes of any nature whatsoever. (Ord. 37-2011. Passed 8-23-11.)
   (z)   Subdivision. “Subdivision” means the division of any parcel of land shown as a unit or as contiguous units on the last preceding records of the County Auditor, into two or more sites or lots, any one of which is less than five acres for the purpose, whether immediate or future, of transfer of ownership or building development. Subdivision also includes the improvement of one or more
parcels of land for residential, business or industrial structures or groups of structures, involving the division or allocation of land for the opening, widening or extension and maintenance of public sewers, drainage, water supply or other public facilities and the division or allocation of land as open spaces for common use by owners, occupants or lease holders.
      (Ord. 70-98. Passed 9-8-98.)
   1123.08 LETTERS T - Z.
   As used in the Zoning Code:
    (a)    Tavern or Bar. "Tavern" or "Bar" means a place of business dispensing beer, wine, spirituous liquors, or mixed beverages by the drink for on-site consumption, and in which the sale of food products for on-site consumption is incidental or secondary to dispensing of said drinks.
      (Ord. 5-2007. Passed 3-13-07.)
   (b)   Trailer Court, Trailer Camp. “Trailer court” and “trailer camp” means any plot of ground upon which two or more trailer coaches are parked or where public parking space for two or more trailer coaches is provided with facilities for residential occupancy.
   (c)   Use. “Use” means any purpose for which buildings, other structures or land may be arranged, designed, intended, maintained or occupied or any activity, occupation, business, profession or operation conducted in a building, other structure, or on land.
   (d)   Use, Accessory. “Accessory use” means a use subordinate to the principal use and for purposes clearly incidental to those of the principal use.
   (e)   Use, Principal. “Principal use” means the primary use to which the premises are devoted and the primary purpose for which the premises are used.
   (f)   Yard. “Yard” means that portion of the open area on a lot extending between the building and the nearest lot line or between certain uses and the nearest lot line as required in the Zoning Code.
      (1)   Yard, front. “Front yard” means an open space extending the full width of a lot and of a uniform depth measured horizontally at right angles to the front lot line, unoccupied from the ground upward, except as hereinafter specified.
      (2)   Yard, rear. “Rear yard” means an open space extending the full width of a lot and of a uniform depth measured horizontally at right angles to the rear lot line, unoccupied from the ground upward, except as hereinafter specified.
      (3)   Yard, required. “Required yard” means the minimum yard required between a lot line and building line or the line of any parking area or any other use requiring a yard in order to comply with the zoning regulations of the district in which the zoning lot is located. A required yard shall be open and unobstructed from the ground upward except for projections on buildings as permitted in the Zoning Code and except for walks, landscaping and other yard or site features.
      (4)   Yard, side. “Side yard” means an open space extending from the front yard to the rear yard and of a uniform width measured horizontally at right angles to the side lot line and unoccupied from the ground upward, except as hereinafter specified.
   (g)   Zoning Variance. “Zoning variance” means a modification of the literal provisions of this Zoning Code, granted when strict enforcement of this Code would cause practical difficulty or undue hardship owing to the circumstances unique to the individual property on which the variance is granted. The crucial points of a variance are practical difficulty, undue hardship and unique circumstances applying to the specific property involved. A variance is not justified unless all elements are present in each case.
   (h)    "Zoning Code" or "this Code" means Ordinance 72-72, passed August 31, 1972, as amended, codified herein as Title Five of Part Eleven - Planning and Zoning Code.
      (Ord. 72-72. Passed 8-31-72.)