1211.02 DEFINITIONS.

Allowable Encroachment Any accessory building or structure, including appurtenances on principal buildings, which is located within a required yard and is permitted under this Zoning Ordinance. Some accessory buildings or structures may be subject to setbacks different from those of the principal building.

Alteration Any change in design, material, color, size, shape, or character to a building or structure.

Amendment Any addition to, deletion from, or change in this Zoning Ordinance, including text and/or map.

Amusement Device Any machine or device which, upon the insertion of a coin, slug, token, plate or disc, may be operated by the public generally by manipulating special equipment whereby a score is established, the object of which is to secure a special number or numbers or a total score, whether a prize is offered or not.

Amusement Establishment Any use or establishment with more than two amusement devices, as defined by the Business Regulation Code.

Animal Hospital Any building or portion thereof designed or used for the care, observation, or treatment of domestic animals.

Antenna Any device designed to transmit or receive wave signals to or from any source whatsoever other than the wireless telecommunication antenna defined in Chapter 1243.

Antenna Tower Any structure designed for the mounting of an antenna other than the wireless telecommunication antenna defined in Chapter 1243.

Apartment See "Dwelling, Multiple-Family."

Apartment Building A multiple-family dwelling in which each individual dwelling unit is provided with an entrance to a common hallway, and shares common entrance to the outdoors.

Appeal A request to review a decision of or interpretation by the Zoning Administrator or other authorized official relative to the administration of this Zoning Ordinance.

Arbor See "Trellis."

Assembly The construction of an object from two (2) or more prefabricated parts. For the purposes of home occupations, the construction of crafts, jewelry, or sewing shall not constitute assembly.

Assembly Hall A building or structure designed and used for rent or hire to conduct conferences, seminars, and other such activities.

Assisted Living Facility The exclusive use of a facility for adults in need of some protective oversight or assistance due to functional limitations, which provides a living arrangement that integrates shelter, food and other supportive services to maintain a resident's functional status.

Automotive Service and Repair Shop The general repair, engine rebuilding or reconditioning of motor vehicles collision service such as body, frame and fender straightening and repair and painting of motor vehicles. Services offered may include the changing of motor oil, installation of tires, batteries and minor accessories, minor automobile repairs, and greasing or washing of individual automobiles.

Automotive Fuel Station Any building or premises used for dispensing or sale of automobile fuels, lubricating oil or grease, tires, batteries, or minor automobile accessories.

Awning A roof-like shelter of canvas or other material extending over a doorway, from the top of a window, or over a deck, etc., in order to provide protection as from the sun. (See also "Canopy").

Balcony An architectural appurtenance providing usable floor area located above the first floor that is open to the outdoors and either entirely unenclosed or covered only by a roof.

Basement That portion of a building below the first or ground floor level. A basement is not considered a story for the purposes of determining building height.

Block All of the properties fronting on both sides of a street, located between intersecting streets or rights-of-way.

Board The Board of Zoning Appeals of the City of Shaker Heights, Ohio.

Boat A watercraft of any description used or capable of being used as a means of transportation on water except a seaplane, inner tubes, air mattress, or similar devices.

Brew Pub Any establishment having as its principal or predominant use the serving of beer produced on the premises, for consumption on the premises. Sandwiches, light meals and/or full-service meals are available for consumption on the premises but are not the principal or predominant use of the establishment.

Build This term includes the terms establish, construct, erect, assemble, reconstruct, enlarge, alter or develop.

Buildable Area The area of the lot remaining after the minimum open space and/or yard requirements of this Zoning Ordinance have been complied with.

Building Any structure built, used, designed, or intended for the support, shelter, protection, or enclosure of persons, animals, or property of any kind, and which is permanently affixed to the land. When a building is divided into separate parts by unpierced fire or party walls extending continuously from the ground through all stories to and above the roof, each part shall be deemed a separate building.

Building Change Any alteration, demolition, removal or construction to or upon a structure.

Building Coverage The lot area covered by the principal building(s) and any roof over accessory buildings or structures, measured from the exterior faces of exterior walls, but excluding decks, terraces and other accessory uses which are open to the sky.

Building, Detached A building surrounded by open area on the same lot.

Building Height The vertical distance from the average lot grade at the front of the structure to the highest point of the coping of a flat roof, or to the peak of a gambrel, gable, mansard or hip roof. (See also, "Structure Height").

Building, Principal A building in which is conducted the principal use of the lot on which it is located.

Building Setback Line, Front A line establishing the minimum allowable distance between a street or other right-of-way and any structure as measured from the front property line or right-of-way. (See also "Yard, Required").

Building Setback Line, Side or Rear A line establishing the minimum allowable distance between a property line and any structure as measured from the property line. (See also "Yard, Required.").

Building, Temporary Any building not designed to be permanently located, placed, or affixed to the place where it is located.

Bulk The size and setbacks of the buildings or structures and the location of same with respect to one another, and including:

1. Height and area of buildings.

2. Location of exterior walls in relation to lot lines, streets, or other buildings.

3. All open spaces allocated to buildings.

4. Amount of lot area required for each dwelling unit.

Bus A motor vehicle, other than a commuter van, designed for carrying more than ten (10) persons.

Business An occupation, employment, or enterprise which occupies time, attention, labor and materials, wherein merchandise is exhibited or sold, or where services are offered or provided.

Business Establishment A place of business carrying on operations, the ownership and management of which are separate and distinct from those of any other place of business located on the same zoning lot.

Canopy A roof-like shelter of canvas or other material extending over a doorway, from the top of a window, or over a deck, etc., in order to provide protection as from the sun, and which is carried by a frame which is supported by the ground.

Car Wash A building, or portion thereof, containing facilities for washing one or more automobiles at any one time, using production line methods such as a chain conveyor, blower, steam cleaning device, or other mechanical devices, as defined by the Business Regulation Code or providing space, water, equipment, or soap for the complete or partial cleaning of such automobiles, whether by operator or by customer.

Ceiling The lowest surface of the partition between the floors of a building.

Center Line The mid-point in the width of a public right-of-way as established by recorded plats of survey.

Certificate of Appropriateness A certificate issued by the Landmark Commission indicating that a proposed building or environmental change is in accordance with the provisions of the Zoning Code.

Certificate of Economic Hardship A certificate issued by the Landmark Commission authorizing a proposed building or environmental change after a determination by said Commission that the previous denial of a Certificate of Appropriateness has resulted in an economic hardship.

Certificate Of Occupancy A certificate certifying that the building, as illustrated on approved plans and as constructed, conforms to the provisions of this Zoning Ordinance or is a lawfully existing non-conforming building.

Child Day Care Home, Type A A permanent residence in which child day care is provided for seven (7) to twelve (12) children at one time or a permanent residence of the administrator in which child day care is provided for four (4) to twelve (12) children at one time if four (4) or more children at one time are under two (2) years of age. In counting children for the purposes of this Zoning Ordinance, any children under six (6) years of age who are related to a licensee, administrator, or employee and who are on the premises of the type A home shall be counted.

Child Day Care Home, Type B A permanent residence in which child day care or child day care homes are provided for one (1) to six (6) children at one time and in which no more than three (3) children may be under two (2) years of age at one time. In counting children for the purposes of this Zoning Ordinance, any children under six (6) years of age who are related to the provider and who are on the premises of the type B home shall be counted.

Church See "Places of Worship."

Clinic, Medical Or Dental An organization of specializing physicians or dentists or both, who have their offices in a common building. A clinic shall not include inpatient care.

Commission The City Planning Commission of the City of Shaker Heights, Ohio.

Common Open Space Open space accessible to either the general public or to multiple owners/tenants. Such space is generally maintained by agreement of persons utilizing the space.

Conditional Use See "Use, Conditional."

Construction The erection of new structures and of additions to existing structures.

Convalescent, Nursing or Rest Home An establishment for the care or assisted living of the aged or infirm, or a place of rest for those suffering bodily disorders. Such home does not contain equipment for surgical care or for the treatment of disease or injury.

Cul-De-Sac A short street ending in a turnaround design and intended as a permanent terminus.

Day One calendar day. If a projected day falls on a weekend or holiday, the next following working day or weekday shall fulfill requirements.

Day Care Center, Adult Any place in which day care is provided for adults in need of temporary oversight, and which may include incidental facilities for the preparation and consumption of meals, rest, and recreation.

Day Care Center, Child Any place in which child day-care is provided, with or without compensation, for thirteen (13) or more children at one time or any place that is not the permanent residence of the licensee or administrator in which child day care is provided, with or without compensation, for seven (7) to twelve (12) children at one time. In counting children for the purposes of this Zoning Ordinance, any children under six (6) years of age who are related to a licensee, administrator, or employee and who are on the premises of the center shall be counted. Day care centers located in dwelling units shall not be permitted pursuant to this Zoning Ordinance.

Deck An accessory structure which is constructed directly over and elevated from ground level and which is open to the sky.

Demolition Complete or substantial destruction of any structure.

Density A unit of measurement describing the number of dwelling units per gross acre. The Zoning Ordinance may regulate this by establishing the permitted number of units per acre or the amount of land, measured in square feet or acres, required per individual unit.

Design guideline A standard of appropriate activity to guide building and environmental changes.

Developer Any person seeking to subdivide, build upon or develop land.

Disabled Deficient in the faculties necessary to see, hear, speak, learn or move to one's fullest capacity, due to some physical or mental illness, injury, defect or abnormality.

District A portion of the corporate area of the City, within which certain uniform regulations and requirements, or various combinations thereof, apply under the provisions of this Zoning Ordinance.

Dog Pen or Dog Run A structure constructed to provide shelter or exercise areas for dogs or other pets.

Dormitory A building or part of a building containing a room or rooms forming one or more habitable units which are used or intended to be used by residents primarily for living and sleeping.

Drive-Through Facility A place of business, sales, or service which is laid out and equipped so as to allow its patrons to be served or accommodated while remaining in their automobiles. Drive Through Facilities shall include Automatic Teller Machines but shall exclude Car Washes and Automotive Fuel Stations.

Dwelling A building, or portion thereof designed or used exclusively for residential occupancy, including one-family dwellings, two-family dwellings, and multiple-family dwellings, but not including hotels or motels, camp cars, trailers, or any other vehicle on or off wheels.

Dwelling, Duplex A dwelling consisting of two (2) separate dwelling units joined only by a common fire wall running from the basement to the roof, not having any opening therein, each unit having its own entrance.

Dwelling, Multiple-Family A building, or individual unit thereof, containing three (3) or more dwelling units, and where each unit is provided with an individual entrance to the outdoors or to a common hallway. Multiple-family dwellings may include condominiums, townhouses, apartments, and senior citizen housing as defined herein.

Dwelling, Single-Family Attached One which is joined to another single-family dwelling at one (1) or both sides by party walls.

Dwelling, Single-Family Detached One that is entirely surrounded by open area on the same lot.

Dwelling, Two-Family A building containing two (2) dwelling units, attached either vertically or horizontally. A two-family dwelling includes duplex dwellings.

Dwelling Unit Any room or group of rooms located within a dwelling and forming a single habitable unit with facilities that are used, or intended to be used for living, sleeping, cooking, and eating.

Easement A recorded right or privilege of a person, other than the owner or tenant, to use land for a specific purpose.

Economic Hardship A financial obligation on an owner resulting from the application of the provisions of this Code applicable to designated landmark properties and districts, which when factually detailed and measured by the standards and criteria of this Code is unduly excessive.

Employee A person who, with or without compensation, works for a business or organization on a regular, semi-regular, or recurring basis.

Encroachment An accessory structure or building located within a required yard, or an appendage to a principal building which projects into a required yard. See also "Allowable Encroachment."

Entry, Auxiliary An entryway into a building which is at the rear of the structure or serves as an entryway on the side of the structure which primarily serves a parking lot.

Environmental Change Any physical change made to a site, including but not limited to, fences, retaining walls, signage and major landscaping, excluding minor changes to plant materials. The removal, change or addition of a non-plant landscaping element is considered an environmental change. Individual plant removals, replacements and additions, except significant trees, are not considered an environmental change. However, the removal, replacement or addition of a significant tree or many plants would be considered an environmental change.

Family An individual or two (2) or more persons related by blood, marriage, guardianship, or legal adoption living together as a single housekeeping unit within a dwelling unit, plus no more than one (1) roomer or domestic servant. A family may also consist of not more than three (3) unrelated persons.

Fence A structure that is a barrier and is used as a boundary or means of protection or confinement, which is made of manufactured material, such as but not limited to chain link, wood or stone material.

Final Plat A map of subdivision with accompanying material, intended for final approval and recording, on the basis of which land can be transferred, leased, or encumbered.

Floor Area (For Determining Off-Street Parking and Loading Requirements) The sum of the gross horizontal areas of the several floors of the building.

Floor Area, Interior (For Determining Maximum Area Of A Home Occupation) The sum of the gross horizontal area of the several floors of the dwelling as measured from the inside of the exterior walls. However, interior floor area, for the purpose of regulating home occupations, shall include only the habitable portions of the dwelling and shall exclude unfinished basements and unfinished attics.

Frontage The entire length of the subject property which abuts and is parallel to a public right-of-way as measured along the right-of-way line.

Garage, Single- or Two-Family Residential A detached accessory building or portion of a principal building in which the sole use is storage of the automobiles of the occupants of the premises and other incidental personal possessions. Such garages may accommodate up to four (4) automobiles.

Garage, Multiple-Family Residential A detached accessory building or portion of a principal building in which the sole use is storage of the automobiles of the occupants of the premises and other incidental personal possessions. Such garages may accommodate any number of vehicles, but may be only one (1) level in height.

Grade, Average The mean elevation of the land measured at the setback line between the side lot lines.

Grade, Finished The elevation of the finished surface of the ground adjoining the building after final grading and normal settlement.

Gross Floor Area All the floor area contained within a building or buildings, without exception.

Ground Floor That level of a building which is the first story and is situated above the basement or, if no basement exists, on top of foundation walls.

Hedge A row of shrubs planted to create a visual screen.

Historic Significance The importance of a property to the history, architecture, archaeology, engineering, or culture of the City of Shaker Heights, the State of Ohio, or the United States. A property that is historically significant meets one or more of the criteria in this Code. See Section 1213.10 A.5. of this Zoning Code.

Home Occupation A business use conducted completely within a dwelling unit, carried on by any member of the immediate family residing on the premises, clearly incidental and secondary to the use of the dwelling for residential purposes.

Hospital A medical institution devoted primarily to the maintenance and operation of facilities for the diagnosis, treatment, and care of individuals suffering from illness, disease, injury, deformity or other abnormal physical condition.

Hotel or Motel An establishment which is open to transient guests for remuneration and for periods of time not exceeding thirty (30) days, as opposed to a boarding, rooming or lodging house, and which is commonly known as a hotel in the community in which it is located and which provides customary hotel services such as maid service, furnishing and laundering of linen, telephone and secretarial or desk service, and use and upkeep of furniture.

Infrastructure Public and private utilities, streets and services which are necessary or desirable to support the development of homes and businesses.

Laboratory A place devoted to experimental study such as testing and analyzing. Manufacturing is not to be permitted within this definition.

Landmark Any structure or site which:

1. Has historic significance; and

2. Has been designated as a Landmark pursuant to this Zoning Code.

Landmark District Any area that contains structures and/or sites which:

1. Have historic significance;

2. Cause such area, by reason of such factors, to constitute an identifiable area; and

3. Has been designated as a Landmark District pursuant to this Zoning Code.

Landscaping The aesthetic improvement of property through the installation of plant materials, berming, walls and fences, and other decorative features, composed mostly of green/living vegetation.

Landscape Features Elements used in landscaping, which shall include lawns, gardens, fountains, sidewalks, arbors, trellises, awnings, canopies, flagpoles, balconies, decks, terraces, and hedges.

Landscape Coverage That portion of a lot devoted exclusively to landscaping.

Landscape Buffer A continuous landscaped area designed, maintained and used for screening and separation of districts, lots, or buildings.

Limited Production/Processing Fabrication, assembly, processing, or similar uses which are entirely conducted indoors and are not disruptive of, or incompatible with, other office, retail, or service uses that may be in the same building or complex. Limited production/processing does not include industrial processing from raw materials.

Line of Sight A clear line of vision at an intersection provided by a "visibility triangle" which measures a minimum of fifteen (15) feet per side.

Loading Space An off-street space for temporary parking of delivery and pick-up vehicles.

Lot A parcel of land located within a single block and may be either a "lot of record" or a "zoning lot."

Lot, Attached Single-Family Exterior A lot occupied by an attached single-family dwelling which has a common sidewall along only one (1) side lot line.

Lot, Attached Single-Family Interior A lot occupied by an attached single-family dwelling which has common sidewalls along both side lot lines.

Lot, Corner A lot situated at the intersection of two (2) streets, where the angle of intersection between the two streets is no more than one hundred thirty-five (135) degrees.

Lot, Interior A lot other than a corner lot.

Lot, Through A lot having a pair of opposite lot lines along two (2) more or less parallel public streets, and which is not a corner lot. On a "through lot" both street lines shall be deemed front lot lines.

Lot, Zoning A single tract of land located within a single block which (at the time of filing for a building permit) is designated by its owner or developer as a tract to be used, developed, or built upon as a unit, under single ownership or control. Therefore, a "zoning lot; or lots" may or may not coincide with a lot of record.

Lot Area, Gross The area of a horizontal plane bounded by the front, side, and rear lot lines, but not including any area occupied by the waters of a duly recorded lake or river.

Lot Coverage The lot area covered by any structure, enclosed or otherwise.

Lot Depth The mean horizontal distance between the front lot line and the rear lot line of a lot.

Lot Line, Corner Any lot line between the front and rear lot lines which abuts a public street.

Lot Line, Front That boundary of a lot which is along an existing or dedicated public street or, where no public street exists, is along a public right-of-way. On corner lots, the front lot line shall be the lot line faced by the front door.

Lot Line, Side Any lot line between the front and rear lot lines.

Lot Line, Rear That boundary of a lot which is most distant from, and is or is most nearly parallel to, the front lot line.

Lot Width The horizontal distance between the side lot lines of a lot, measured at the building setback line required by this Zoning Ordinance, even if an existing principal building is set back further than required.

Lot Of Record A lot which is part of a subdivision, the plat of which has been recorded in the office of the County Recorder or a parcel of land, the bounds of which have been legally defined and duly recorded in the office of the County Recorder.

Marquee A permanent roof-like structure extending from part of the wall of a building but not supported by the ground and constructed of durable material such as metal or glass.

Mid-rise Office An office building whose height is greater than thirty-five (35) feet but a maximum of one hundred twenty (120) feet or as otherwise limited by the City Council.

Motel See "Hotel or Motel."

Motor Vehicle, Passenger Any vehicle bearing non-commercial plates designed, built and used primarily for the transport of between one (1) and ten (10) persons.

Motor Vehicle, Non-Passenger Any bus, trailer, truck or recreational vehicle as defined in the Ohio Motor Vehicle Code bearing commercial plates.

Municipal Service Use Publicly owned facilities for the administration of maintenance operations, the storage of maintenance materials, and similar uses.

Neighborhood Organization A group of homeowners who are associated and speak on behalf of other property owners regarding various issues.

Nonconforming Lot A lot, lawfully designed and platted prior to the enactment of this Zoning Ordinance or any amendment hereto, but which does not now conform to the lot area, width, access or other requirements of the district in which such lot is located.

Nonconforming Structure Any structure, lawfully designed and constructed prior to the enactment of this Zoning Ordinance or any amendment hereto, which does not now comply with all of the regulations of this Zoning Ordinance or of any amendment hereto governing bulk for the zoning district in which such structure is located.

Nonconforming Use See "Use, Nonconforming."

Noxious Matter Any matter or material which is capable of causing injury or illness to living organisms, or is capable of causing detrimental effects to the health or the psychological, social, or economic well-being of humans.

Nursing Home See "Convalescent, Nursing or Rest Home."

Occupancy Certificate See "Certificate of Occupancy."

Odorous Matter Any matter or material that yields an odor which is offensive in any way.

Open Area That area of a lot, parcel, or tract that is not covered by a structure.

Open Sales Lot An accessory use involving the selling of merchandise not contained within the enclosed building.

Open Space That portion of a lot or tract intended for recreational use or as landscaping.

Open Space, Permanent Common Parks, playgrounds, landscaped green space (not including schools, community centers or other similar areas in public ownership) or areas covered by an open space easement.

Ordinary Maintenance or Repair Maintenance or repair to correct any decay, deterioration, or damage to an architectural feature and to return the feature to its condition prior to such decay, deterioration, or damage. Maintenance or repair that changes the material or design of an external architectural feature is an alteration as defined above. Repainting a painted surface is ordinary maintenance and neither the act nor the colors are subject to review.

Ornamental Structure A structure which is designed for placement out of doors and whose function is, in part, the beautification of the yard in which it is located. Such structures include gazebos, arbors, trellises and weathervanes.

Outdoor Dining Dining out of doors as an accessory use to an indoor restaurant.

Outdoor Storage The keeping of property in the open area of a lot. For purposes of this definition, the keeping of wood or compost piles will not be considered outdoor storage.

Overhang That portion of a building which horizontally extends beyond the building walls of the first story of such building.

Owner Any person having right of ownership to the land.

Parking, Off-Street A parking space or spaces located entirely off of public right-of-way and set back from such right-of-way as required within this Zoning Ordinance.

Parking, Required The number of parking spaces required for a particular use or uses as required within this Zoning Ordinance.

Parking Space An enclosed or unenclosed surfaced area permanently reserved for the temporary storage of one (1) passenger motor vehicle and appropriately part of a street or connected with a street or alley by a surfaced driveway affording adequate ingress and egress.

Parking Structure A building or portion thereof, usually multi-level, and either above or below grade, designed or used for storing or parking motor vehicles.

Party Wall A wall which is common to but divides contiguous buildings.

Person Any corporation, partnership, group of persons, association, agent, or any other entity subject to this Zoning Ordinance shall be defined as a person.

Personal Service Establishment A business that provides personal services directly to customers at the site of the business. Personal service establishments include, but are not limited to, travel agencies, dry cleaning and laundry drop-off and pick-up stations, tailors, hair stylists, cosmeticians, toning or tanning salons, branch offices of financial institutions, photocopying services, postal substations, package delivery drop-off and pick-up stations, shoe repair shops, interior design studios, and domestic pet grooming and care services.

Places Of Worship Structures and other indoor or outdoor facilities used for public worship and related educational, cultural, and social activities.

Plan The Plan, or any geographical or functional part thereof, as adopted by the City, indicating the general locations recommended for streets, parks, public buildings, and other community development aspects.

Planned Unit Development A parcel of land or contiguous parcels of land of a size sufficient to create its own environment, controlled by a single landowner or by a group of landowners in common agreement as to control, to be developed as a single entity, the environment of which is compatible with adjacent parcels, and the intent of the zoning district or districts in which it is located. Under a planned unit development, the developer may be granted relief from specific land-use regulations and design standards and may be awarded certain premiums in return for assurances of an overall quality of development, including any specific features which will be of exceptional benefit to the community as a whole. A planned unit development is a special type of conditional use.

Preservation The act or process of applying measures necessary to sustain and protect a property's historic attributes.

Property Land, and any structures on the land, identified as a separate lot for purposes of the Zoning Code.

Public Space Permanent common open space which may or may not be green space. Public space may include, but shall not be limited to, plazas, courtyards, atriums, or terraces.

Recreational Facility A building or enclosed structure containing recreational facilities, such as a tennis court, swimming pool and/or gymnasium, and operated by a government agency or as a business.

Recreational Structures Athletic facilities such as swing sets and playing courts for basketball or tennis, but not including swimming pools.

Recreational Vehicle A boat, camping trailer, motor home, mini motor home, travel trailer, truck camper or van camper used primarily for recreational purposes and not used commercially nor owned by a commercial business.

Regulation A rule, restriction or other mandatory provision intended to control, require or prohibit an act.

Rehabilitation The process of returning a property to a state of utility, through repair or alteration, which makes possible an efficient contemporary use while preserving those portions and features of the property which are significant to its historic, architectural, and cultural values.

Removal The relocation of any structure on its site or to another site.

Research Facility A place devoted to experimental study such as testing and analyzing, but not that which includes the use of chemicals or animals or which fails to conform to Section 1260.06, Environmental Performance Standards, of this Zoning Ordinance. Manufacturing is not to be permitted within this definition.

Residential The use of land or buildings for dwelling purposes.

Residential Care Home A dwelling unit shared by four (4) or more unrelated disabled individuals, exclusive of staff, who require assistance and/or supervision and who reside together in a family-type environment as a single housekeeping unit. A Residential care home shall not include a home for persons who are currently addicted to alcohol or narcotic drugs or are criminal offenders serving on work release or probationary programs.

Restaurant, Sit-down A business establishment within which the primary use is prepared food offered for sale and consumption only within the structure on the premises or in a designated and permitted outdoor area.

Restaurant, Carry-out A business establishment within which the primary use is prepared food and beverages, offered for sale in disposable containers and packaged for carryout.

Rest Home See "Convalescent, Nursing or Rest Home."

Right-Of-Way Any sidewalk, street, alley, highway, or other public thoroughfare.

Roadway The portion of the street right-of-way available for vehicular movement. Roadway width shall be measured from back of curb to back of curb.

Roof That portion of a building or structure which encloses such building or structure from the sky.

Roomer A person who renders services, pays rent, or provides other consideration to the resident family for occupancy of one or more rooms within a dwelling unit, but does not occupy a separate dwelling unit.

School, Primary or Secondary An institution primarily engaged in academic instruction for all or part of grades K through 12, and recognized or approved by the State.

School, Specialized Instructional An institution engaged in specialized instructional areas for all ages, such as but not limited to driving, trade, vocational, art, music and dance schools.

Screening A structure erected or vegetation planted for the purpose of concealing from view the area behind it.

Self Storage Facility A primary use of a building or group of buildings, each of which contains individual storage units, with each unit having a separate door and lock and which are leased on an individual basis to residential and business customers for the storage of goods and wares.

Senior Citizen Apartments Apartment buildings, which may be either assisted living facilities or convalescent homes, designed for and occupied by persons age sixty-two (62) and over, which provides living unit accommodations and spaces for common social and recreational activities, and which may include incidental facilities for health and nursing services.

Setback Line See "Building Setback Line, Front" or "Building Setback Line, Side or Rear."

Shelter, Emergency A temporary home for persons seeking relief from emergencies, domestic violence or other dangerous environments.

Shopping Center A group of commercial establishments, planned, developed, and managed as a unit related in location, size and type of shops to the trade area that the unit serves.

Shrubs A planting or growth of multi-stemmed woody plants.

Sign Any display, figure, painting, drawing, placard, poster or other device placed on the ground or on any tree, wall, bush, rock, post, fence, building, structure, playground structure, or thing whatsoever, which is designed, intended, or used to convey a message, advertise, inform, or direct attention to a person, institutions, organization, activity, place, object, or product. The term "placed" as used in this definition shall include erecting, constructing, posting, painting, printing, tacking, nailing, gluing, sticking, carving or other fastening, affixing, or making visible in any manner whatsoever.

Sign, Availability A sign announcing the sale, rental or lease of the lot where the sign is displayed or announcing the sale, rental or lease of one or more structures, or a portion thereof, located on the lot.

Sign, Banner Any cloth, bunting, plastic, paper, or similar material used for advertising or identification purposes attached to any structure.

Sign, Directory A sign listing the names and locations of businesses within a building not having first floor frontage, or a sign displaying announcements which direct attention to a public charitable or religious facility which is located on the lot of said facility.

Sign, Entry A sign located over an entry to a business, such entry neither oriented to nor visible from a public street and intended to allow access to the business from a parking lot or pedestrian way.

Sign, Exempt A sign which, due to its small size or unobtrusive nature, is not regulated by this Zoning Ordinance except pursuant to Section 1250.03.B, Exempt Signs.

Sign, External Illumination Illumination of a sign which is effected by a source of light which is not contained within the sign itself.

Sign Height The vertical distance measured from the base of the sign or from the base of the building to which a sign is attached to the highest point of the sign.

Sign, Identification A sign directing attention to the name of an office, institution, multiple-family building, business, product, service or activity conducted or sold on the lot where the sign is displayed, and classified as to design and structure as an awning, canopy, monument,

projecting, wall, or window sign.

Sign, Illuminated A sign which has characters, letters, designs, or outline illuminated by electric light or luminous tubes as part of the sign proper, or which is illuminated by the reflector method.

Sign, Internal Illumination Illumination of a sign which is effected by a source of light which is contained within the sign itself. Any sign in which light becomes visible by shining through a translucent surface shall be considered a sign in which internal illumination is used.

Sign, Local Sign District An area of special sign controls established pursuant to Section 1250.09 of this Zoning Ordinance.

Sign, Monument A polygonal shaped sign, placed on the ground, whose width above a plinth base is at least as wide as the width (of the top of the sign).

Sign, Neon Tube Illumination Illumination effected by a light source consisting of a neon tube which is bent to form letters, symbols, or other shapes.

Sign, Off-Premises A sign which advertises goods, services, or facilities which are not available on the premises where the sign is located. The foregoing definition includes (but is not limited to) billboards.

Sign, Parking Control A sign which identifies parking lot entry and exit driveways and/or provides traffic flow control information within a parking lot.

Sign, Permanent Any sign except an exempt sign as listed in Section 1250.03 or a temporary sign as listed in Section 1250.04. Such signs are intended to be used indefinitely, or used indefinitely without change in the same state or place, and include identification signs, directory signs, auxiliary entry signs, and parking control signs.

Sign, Pole A sign which is supported by one (1) visible pole which is independent of a building.

Sign, Projecting A sign which is suspended from, or is supported by, a building or wall and which projects more than twelve (12) inches from the face of the building or wall.

Sign, Roof A sign erected or maintained in whole or in part upon or over the roof of a building.

Sign, Secondary A sign intended primarily for viewing by pedestrian traffic, displayed as a window sign or window display, a canopy or awning sign, or a projecting sign.

Sign, Shopping Center Identification A sign listing the name of the shopping center located on the same lot as the sign.

Sign, Surface Area The area within any perimeter enclosing the limits of lettering, emblems or other figures on a sign, together with any material or color forming an integral part of the display or used to differentiate the sign from the background against which it is placed. Structural members bearing no sign copy shall not be included in its surface area. In the case of a multi-faced sign, all sides shall be included in the calculation of surface area. The surface area of signs which are in the form of balls, cylinders or other shapes having a continuous surface shall be equal to one-half (1/2) of the entire area of the surface of the sign.

Sign, Temporary A sign which is intended to be displayed for a limited time only. Such signs include real estate signs, political signs, and construction signs.

Sign, Wall A sign which is placed flat against a wall of a building.

Sign, Window A sign which is affixed to or in contact with, or within six (6) feet of a window or the glass surface of a door, and is visible from the public street.

Sign, Window Display One (1) or more signs in a display window which are incorporated with a display or merchandise or relating to services offered but which are not affixed to any window.

Sign, Window, Permanent A window sign, installed as a secondary sign within six (6) feet of the window, constructed of permanent materials, and which identifies the business or otherwise suggests that the information conveyed is of a permanent character.

Sign, Window, Temporary A sign attached to the window or as a window display which describes one (1) or more products or services and/or the prices of one (1) or more products or services available at the premises at which the sign is displayed and which suggests that the information conveyed is not of a permanent character.

Signable Area An area of the facade of a building or monument sign structure, the boundaries of which shall form a square, a rectangle or a parallelogram, which is free of windows, doors and all major architectural details. Only one (1) signable area may be established for a facade of a building. In no event shall the signable area of a building exceed, in square footage, one-third (1/3) of the square footage of the entire facade of the building. Parapets, pylons and equipment enclosures shall not be designated as signable areas, and rooftop equipment enclosures shall not be considered part of the facade of the building.

Site The location of an event, activity, or structure, whether standing or vanished. A site may have historic significance in its own right.

Specialty Shop A retail shop that sells a narrow range of goods and products and serves a specific clientele or provides a specific product not readily found in other retail establishments.

Storage Structure An accessory structure for private use by the owner or occupant of the lot on which it is located, and intended for the safekeeping of personal property, not including automobiles.

Story That part of a building between the surface of any floor and the surface of the floor next above, and if there is no floor above, then the ceiling above.

Story, Half That portion of a building under a gable, hip, or mansard roof, the wall plates of which on at least two (2) opposite exterior walls are not more than three (3) feet above the floor.

Street, Private A paved area located on private property for the purpose of providing vehicular access to that property.

Street, Public A public way for purposes of vehicular travel, including the entire area within the right-of-way.

Street Width The shortest distance between the lines delineating the right-of-way of a street.

Structural Alteration Any change, other than incidental repairs, which would prolong the life of the supporting members of a building, such as the addition, removal, or alteration of bearing walls, columns, beams, girders, or foundations.

Structure Anything constructed or erected permanently or temporarily on, in or under the ground or attached or connected thereto, including but not limited to arbors, buildings, barriers, bridges, bulkheads, bunkers, chimneys, decks, fences, garages, gazebos, outdoor seating facilities, platforms, playhouses, poles, radio, television and telecommunication antennae, satellite dishes, signs, spas, swimming pools, tanks, tents, towers, trellises, walks, walls and works of art. Structures do not include trailers and other vehicles whether on wheels or other supports.

Structure, Accessory A subordinate building or structure located on the same lot with the principal building, occupied by or devoted to an accessory use, but not to be used for habitation. Where an accessory building is attached to the principal building in a substantial manner, as by a wall or roof, such accessory building shall be considered part of the principal building.

Structure Height See Building Height.

Subdivider Any owner or other person proceeding to subdivide or develop land.

Subdivision The division of land into two (2) or more parcels, the creation of any easement or right-of-way, the establishment of a Planned Unit Development, or any change in the boundary lines of a lot.

Swimming Pool A permanent structure used for recreational swimming or bathing and which is located below ground level, or a temporary above-ground structure used for recreational swimming or bathing, particularly by children, which is no more than two (2) feet in depth and ten (10) feet in diameter.

Temporary Occupancy Occupancy of a dwelling, structure or lot, by a person or persons to perform a particular use for a limited period of time, such as but not limited to overseeing building construction or selling Christmas trees.

Temporary Use See "Use, Temporary."

Terrace A paved or otherwise non-vegetative man-made accessory structure adjoining a building which is relatively level and open to the sky.

Theater Any building or structure designed for the enactment of dramatic performances and/or the showing of motion pictures. For the purposes of this Zoning Ordinance, a dinner theater shall be deemed a "restaurant," and adult theaters are deemed separate and distinct uses.

Townhouse A multiple-family building comprised of attached single-family dwelling units where the units are attached by common fire walls and each unit has at least one (1) separate outside entrance.

Toxic Material Any substance (liquid, solid or gaseous) which by reason of an inherent deleterious property when emitted in any amount is injurious to plants, animals, or human beings.

Trailer A movable or portable unit to be towed on its own chassis.

Tree, Caliper The thickness of trees measured in inches. A caliper measurement shall be measured twelve (12) inches above the soil line, or across the stump if the tree has been severed at less than twelve (12) inches above the soil line.

Tree, Diameter Breast Height The diameter of the trunk or trunks of a tree measured at four and a half (4 ½) feet above mean ground level at the base of the trunk or trunks.

Tree, Hazard A tree that is dead, diseased, dying, or has a structural defect that presents a threat to persons or damage to property.

Trellis A vertical or diagonal lattice structure that is either free-standing or attached to a building for the purpose of growing vines.

Truck A motor vehicle classified as Class 3 or Class 5 by the Federal Highway Administration Vehicle Classification System as follows:

Class 3 All two-axle, four-tire vehicles, other than passenger cars. Included in this classification are pickups, panels, vans and other vehicles such as campers, motor homes, ambulances, hearses, and carry-alls. Other two (2) axle, four (4) tire, single unit vehicles pulling recreational or other light trailers are included in this classification.

Class 5 All vehicles on a single frame including parcel delivery trucks, camping and recreational vehicles, motor homes, etc. having not more than two (2) axles and dual rear wheels.

Use, Accessory An activity conducted within a building or structure, or on the open area of the lot which is:

1. Conducted or located on the same zoning lot as the principal building or use served, except as may be specifically provided elsewhere in this Zoning Ordinance;

2. Clearly incidental to, subordinate in purpose to, and serving the principal use; and

3. Either in the same ownership as the principal use or is clearly operated and maintained solely for the comfort, convenience, necessity, or benefit of the occupants, employees, customers, or visitors of or to the principal use.

Use, Conditional A use, either public or private, which, because of its unique characteristics, cannot be properly classified as a permitted use in a particular district or districts.

Use, Existing Any use of a parcel of land or structure which exists on the effective date of this Zoning Ordinance.

Use, Nonconforming Any use of any land, building, or structure, lawful at the time of the enactment of this Zoning Ordinance, which does not comply with all of the regulations of this Zoning Ordinance or of any amendment hereto governing use of the zoning district in which such use is located.

Use of Similar Nonconformity A use which replaces a nonconforming use of similar intensity. A use is similar in intensity if the least restrictive district in which it is a permitted use is the same as that of the nonconforming use which it is replacing.

Use, Permitted A use which may be lawfully established in a particular district or districts provided it conforms with all requirements, regulations, and standards of such district.

Use, Principal The main use of land or structures as distinguished from a subordinate or accessory use. A "principal use" may be "permitted" or "conditional."

Use, Temporary Any use which is established only for a fixed period of time, with the intent to discontinue such use upon the expiration of such time, and which does not involve the construction or alteration of any permanent structure.

Variance A modification of the provisions of this Zoning Ordinance where a literal enforcement of the Zoning Ordinance would result in practical difficulty or undue hardship.

Vehicle Any device by which person or property may be transported upon a highway or waterway, except those such devices, as defined by the Business Regulation Code, moved by human power.

View Obstruction An obstruction of a line of sight (See "Line of Sight.")

Walkway/Bikeway A way across or within a block for use by pedestrian and bicycle traffic, which shall include but not be limited to sidewalks and crosswalks.

Wall A vertical structure of a linear nature which serves to support, retain, or screen.

Warehousing The safekeeping of property, either for later use or for resale, within enclosed buildings.

Wine Bar Any establishment having as its principal or predominant use the serving of wine for consumption on the premises. Sandwiches, light meals and/or full-service meals are available for consumption on the premises but are not the principal or predominant use of the establishment.

Wholesale Businesses involved in the sale of goods, products, or merchandise stored on the premises to persons who are intermediaries between the producer and the consumer.

Work/Live Unit Space within a commercial building used jointly for commercial and residential purposes where the residential use of the space is secondary or accessory to the primary use of the space as a place of work.

Yard An area on the same zoning lot with a building or structure, unoccupied and unobstructed from its lowest level to the sky, except as otherwise permitted in this Zoning Ordinance. A "yard" is the distance between a building and a lot line.

Yard, Corner Side A side yard which adjoins a public street, extending from the front face of the building to the rear lot line and from the side face of the building to the side lot line.

Yard, Front A yard extending from the front face of the building to the front lot line along the full width of the lot between the side lot lines.

Yard, Interior Side A side yard which is located immediately adjacent to another zoning lot or to an alley separating such side yard from another zoning lot, extending from the side face of the building to the side lot line between the front and rear yards.

Yard, Rear A yard extending from the rear face of the building to the rear lot line along the full width of the lot between the side lot lines, except that for corner lots the rear yard shall terminate at the corner side yard.

Yard, Required The minimum yard required between a lot line and a building line by the applicable provisions of this Zoning Ordinance.

Zoning Administrator A staff member of the Planning Department who is authorized to hear complaints, make inspections, and take action to enforce the provisions of this Zoning Ordinance. The Zoning Administrator may also accept applications for amendments or variances to the Zoning Ordinance and administrate the related public hearings procedure.

Zoning Enforcement Officer A staff member of the Planning Department who is designated by the Zoning Administrator to hear complaints, make inspections, and take action to enforce the provisions of this Zoning Ordinance.

(Ord. 13-45. Enacted 7-8-13; Ord. 13-114. Enacted 12-16-13.)

Disclaimer: This Code of Ordinances and/or any other documents that appear on this site may not reflect the most current legislation adopted by the Municipality. American Legal Publishing provides these documents for informational purposes only. These documents should not be relied upon as the definitive authority for local legislation. Additionally, the formatting and pagination of the posted documents varies from the formatting and pagination of the official copy. The official printed copy of a Code of Ordinances should be consulted prior to any action being taken. For further information regarding the official version of any of this Code of Ordinances or other documents posted on this site, please contact the Municipality directly or contact American Legal Publishing toll-free at 800-445-5588.

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