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For purposes of this chapter, the following words and phrases shall have the following meanings ascribed to them respectively.
(1) “Area of buildings" means the area at the ground level of the main building and all accessory buildings (excluding unenclosed porches, terraces and steps), measured from the outside surface of exterior wall.
(2) “Area of lot" means the total horizontal area within the lot boundary line of a zoning lot.
(b) Automotive; Garages, Parking Areas, Service Stations.
(1) “Private garage” means an accessory building or part of the main building, used for the parking or temporary storage of occupants’ (of one- or two- family dwellings) passenger automobiles, and in which no occupation, business or service may be conducted for remuneration.
(2) "Storage garage” means an accessory building or part of the main building, other than a private garage, used for the parking or temporary storage of passenger automobiles, and in which no occupation, business, or service, except home occupations, may be conducted for remuneration.
(3) “Repair garage” means a main or accessory building in which general repair work is performed or which is designed to be used for performance of work on motor vehicles.
(4) “Service garage” means a repair garage accessory to an automobile salesroom.
(5) “Accessory parking area” means an open or enclosed area (other than a street or driveway), accessory to a dwelling or other building, and used for the parking of passenger automobiles for occupants, their guests, or customers, of the building.
(6) "Public parking area” means an open or enclosed area (other than an accessory parking area) used for passenger automobile parking, with or without a fee.
(7) “Sales lot” means an open area used for the display, sales, or rental of new or used motor vehicles, in which no repair work (except minor and then only incidental to items sold) is performed.
(8) “Service station” means a building and land including pumps, tanks, and grease racks, used for the retail sale of gasoline, lubricants, batteries, tires, and other automobile accessories, and limited to performing minor services and repairs.
(c) “Block” means an area of land bounded by streets, public parks, railroad rights of way, bulkheads, or shore lines, or by other definite limits.
(d) “Board” means the Board of Zoning Appeals.
(e) “Brewpub” means an establishment where the majority of beer, wine, spirituous liquor, or other alcoholic beverages is manufactured onsite for mainly on premise consumption or is either hand bottled or individually capped in sealed containers to be sold directly to the customer.
(f) Buildings and Structures.
(1) “Structure” means that which is constructed, located more or less permanently on the ground or permanently attached to something located on the ground.
A. Including: buildings, barriers, bridges, bulkheads, coal bunkers, fences, outdoor seating facilities, platforms, pools, poles, tanks, tents, towers, roadside stands, sheds, signs, and walls;
B. Excluding: trailers and other vehicles whether on wheels or other supports.
(2) “Building” means a structure which is permanently affixed to the land, having one or more floors and a roof, being bounded by either open spaces or lot lines, and used as a shelter or enclosure for persons, animals, or property. “Building” shall be used synonymously with “structure” unless otherwise noted, and shall be construed as if followed by the words “part or parts thereof.”
(3) “Main building” means the building occupied by the chief use or activity on, or intended for the premises, all parts of which building are connected in a substantial manner by common walls or a continuous roof.
(4) “Accessory building” means a subordinate building detached from, but located on the same zoning lot as the main building, the use of which is customarily incident to that of the main building or use.
(5) “Building line” (synonymous with “setback line”) means a line established by this Code, generally parallel with and measured from a lot line, defining the limits of a yard in which no building or structure above ground may be located, except as otherwise provided herein.
(6) “Completely enclosed building" means a building separated on all sides from the adjacent open space or from other buildings, by a permanent roof and by exterior walls or party walls, pierced only by windows, and entrance or exit doors.
(7) “Detached building" means a building surrounded by open space.
(8) “Shed” shall be a non-residential one-story accessory building with a floor area less than 120 square feet and a residential one-story accessory building with a floor area less than 200 square feet.
(g) “Commission" means the City Planning Commission.
(Ord. 15-201. Passed 12-28-15.)
(Ord. 15-201. Passed 12-28-15.)
(h) Dwellings and other living accommodations.
(1) “Dwelling unit” means space, within a dwelling, comprising living, dining, and sleeping room or rooms, storage closets, as well as space and equipment for bathing and toilet facilities, all used by only one family.
(2) “Dwelling” means a building occupied exclusively for non-transient residential use (including one-family, two-family, or multi-family buildings).
(3) “One-family dwelling” means a building consisting of one dwelling unit only, detached or separated from other dwelling units by open spaces.
(4) “Two-family dwelling" means a building consisting of 2 dwelling units which are either attached side by side or one above the other, and each unit having either a separate or combined entrance or entrances (including duplex and flats).
(5) “Multi-family dwelling” means a building consisting of 3 or more dwelling units with varying arrangements of entrances and party walls (including apartment house, apartment hotel, and row house).
A. “Row house" means a multi-family dwelling comprising dwelling units attached in a row or group, having party walls, and each unit having at least one separate outside entrance.
B. "Apartment building” means a multi-family dwelling comprising 3 or more dwelling units (apartments), arranged side by side or one above the other, and each unit having a separate entrance or entrances connected to a common outside entrance or entrances.
C. “Apartment hotel" means a unit similar to an apartment house, except that the unit may be used for more or less transient occupancy.
(6) “Accessory living accommodations” means a building, or part thereof, used solely as accommodations for occupants, personal guests, or persons employed on the premises, or nonpaying transients, and in which no cooking or similar housekeeping equipment is provide.
(7) "Rooming house" means a building operated by a resident family, accommodating for compensation 3 through 10 persons.
(8) “Tourist house” means a one-family dwelling, operated by a resident family, in which only overnight guests are lodged for compensation.
(9) “Hotel” means a building containing living and sleeping accommodations (excluding cooking facilities within the rental unit) for transient occupancy, and having a common entrance or entrances.
(10) “Motel” means a building or buildings (detached or semidetached) having separate outside entrance or entrances, and containing accommodations for compensation for automobile travelers and vacationers.
(11) “Transient occupancy” means to use, occupy or possess, or the use, occupancy, or possession of a dwelling or other living accommodation for a period of 30 consecutive calendar days or less.
(Ord. 17-088. Passed 5-8-17.)
(i) “Family” means either an individual, 2, or more persons who live together in one dwelling unit, and maintain a common household, related by blood, marriage, or adoption; or not more than 3 persons not related by blood, marriage, or adoption.
(j) “Fence” means an artificially constructed barrier of any material or combination of materials erected to enclose, screen or separate areas.
(1) “Established street grade” means the elevation established by the City, at the roadway center line or curb in front of the lot.
(2) “Natural Grade” means the elevation of the undisturbed natural surface of the ground prior to any excavation or fill.
(3) “Finished grade” means the elevation of the finished surface of the ground adjoining the building after final grading and normal settlement.
(l) “Height of building” means the vertical distance measured from the highest point of the coping of a flat roof, or the distance measured from the mean level between the eaves and ridge of a pitched roof, each of which is measured to the average finished grade across the front of the building.
(m) Home occupations and professional offices.
(1) "Home occupation” means a gainful occupation generally accepted as incidental and secondary to the use of the dwelling for residential purposes, conducted wholly within a dwelling, or in a building accessory thereto, and only by members of the resident family.
(2) “Home professional office” means a secondary office, accessory to and located in the dwelling occupied by a person practicing in any of the recognized professions as set forth in Section 1129.06(b).
(n) “Junk or wrecking yard” means land used to dismantle more than one motor vehicle or trailer, or land used to store, sell, or dump partly dismantled, obsolete, or wrecked vehicles or their parts, second-hand building materials, junk, paper, containers, or other salvaged materials.
(o) “Large Brewery” means an establishment where beer, wine, spirituous liquor, or other alcoholic beverage is manufactured on the premises for distribution, retail, or wholesale, on or off premise at a production ration of more than 15,000 barrels per year. The development may include other uses such as tasting room, taproom, or table service restaurant.
(p) “Legislative body” means the City Commission.
(q) “Loading space” means an open or enclosed space (other than a street), used for the temporary parking of a commercial vehicle while its goods are being loaded or unloaded.
(1) “Lot of record” means land designated as a separate parcel on a plat, map, or deed in the records of Erie County, Ohio.
(2) “Zoning lot” means a single tract of land abutting a street, occupied or intended to be occupied by a use, building, or group of buildings and their accessory uses and buildings as a unit, together with open spaces as are required by the Zoning Code, which may or may not coincide with a lot of record. Unless the context clearly indicates the contrary, “lot” is used synonymously with “zoning lot” throughout the Zoning Code.
(3) "Corner lot” means a lot abutting on 2 streets at their intersections, where the interior angle of intersections is not more than 135 degrees.
(4) "Interior lot” means a lot other than a corner lot or through lot.
(5) “Through lot” means a lot which has 2 street lines opposite each other, and which are parallel, or within 45 degrees of being parallel to each other.
(6) “Lot line” means the boundary of a lot separating it from adjoining public or private land, including a public street.
(7) "Front lot line” means the lot line separating an interior lot from the street upon which it abuts; or the shortest lot line of a corner lot which abuts upon a street, except when lot lines abutting streets are of equal length, the front lot line shall be considered on the street having the longest frontage within same block.
(8) “Rear lot line” mean a lot line parallel or within 45 degrees of being parallel to the front lot line.
(9) "Side lot line” means a lot line which is neither a front nor rear lot line.
(10) “Lot depth” means the mean horizontal distance of a lot measured between the front and rear lot lines.
(11) “Lot width” means the horizontal distance of a lot measured along the building line at right angles to the mean lot depth line.
(s) “Microbrewery” means an establishment where beer, wine, spirituous liquor, or other alcoholic beverage is manufactured on the premises for distribution, retail, or wholesale, on or off premise. The brewery may produce up to 15,000 barrels per year, beer, wine, spirituous liquor, or other alcoholic beverage annually.
(t) Nonconforming building and use.
(1) “Nonconforming building” means a building existing lawfully at the time this Zoning Code, or an amendment thereto, became effective, but which does not conform to the area, yard, height, or off-street parking regulations of the district in which it is located.
(2) “Nonconforming use” means the use of a building or land existing lawfully at the time this Zoning Code, or an amendment thereto, became effective, but which does not conform to the use regulations of the district in which it is located.
(u) “Occupancy certificate” means an official statement asserting that a given building, other structure, or parcel of land, is in compliance with the provisions of this Zoning Code, and hence may be used lawfully for the purposes designated thereon.
(v) "Paved surface" means a ground surface covered with poured concrete with or without decorative surface materials, blacktop, pavers, or other asphaltic or rubber mixture which may include sand or gravel as an ingredient and which creates a hard surface. A graded natural surface or one covered with rolled stone or overlaid with loose gravel shall not be considered a paved surface.
(w) "Shall” is mandatory and not directory; “may” is permissive.
(x) Signs. (EDITOR’S NOTE: Former subsection (t) was repealed by Ordinance 03-112, passed July 14, 2003. Sign regulations are now codified in new Chapter 1143.)
(y) “Street” means an existing public way shown upon a plat heretofore approved by official action and duly filed and recorded and affording the principal means of access to abutting property.
(1) “House trailer” means a self-propelled or nonself-propelled vehicle so designed, constructed, or added to by means of accessories in such manner as will permit the use and occupancy therein for human habitation, whether resting on wheels, jacks, or other foundations, and used or so constructed as to permit its being used as a conveyance upon the public highways.
(2) “Trailer park” mean any premise occupied by, or designed to be occupied by, more than one family in house trailers, tents, camp cars, or similar facilities, and shall include the roadway, structure, vehicle, or enclosure used or intended for use as a part of the facilities of a house trailer park.
(aa) “Trucking depots” means a building or premise in which freight, brought by motor truck, is assembled, sorted, or reloaded for shipment by motor truck.
(1) “Use” means any purpose for which buildings, other structures, or land may be arranged, designed, intended, maintained, or occupied; or any occupation, business, activity, or operation carried on in a building or other structure, or on land.
(2) “Main use” means the principal purpose of, or activity in a building, other structure, or land.
(3) "Accessory use” means a use, located on the same zoning lot with the main use of building or land, but incidental to the main use of the main building or land.
(4) “Conditional use” means an uncommon or infrequent use which may be permitted in specific districts, subject to the compliance with certain standards and explicit conditions, and the granting of a conditional use permit.
(cc) “Used for,” includes “arranged for,” “designed for,” “intended for,” "maintained for,” or “occupied for.”
(dd) “Variance” means a modification of the Zoning Code, permitted in instances where a literal application of these provisions would result in undue hardship as a result of some peculiar or unique condition or circumstance pertaining only to the zoning lot in question.
(ee) Yards and courts.
(1) “Yard” means that portion of the open area on a zoning lot extending between a building and the nearest lot line, open and unobstructed from the ground upward, except for projections as permitted in the Zoning Code.
(2) “Front yard” means the yard extending from the front wall of the building to the front lot line across the full width of the lot.
(3) “Rear yard” means the yard extending from the rear wall of the building to the rear lot line across the full width of the lot.
(4) “Side yard” includes:
A. "Interior lot”: The yard extending between a side lot line and the nearest wall of the building and from the front yard to the rear yard.
B. “Corner lot”: The yard extending between a side lot line and the nearest wall of the building and from the front yard to the rear lot line on the street side.
(5) “Required yard” means the minimum yard required between a lot line and a line or a building, to comply with the regulations of the district in which the zoning lot is located.
(6) “Court” means an open space, other than a yard, bounded on 2 or more sides by exterior walls of the building, or bounded by exterior walls of a building and lot lines.
(Ord. 15-201. Passed 12-28-15.)