(a) The following rules of construction shall apply to the provisions of this Zoning Code:
(1) The particular shall control the general.
(2) The word "shall" is always mandatory and is not discretionary. The word "may" is permissive.
(3) Words used in the present tense shall include the future; words used in the singular number shall include the plural, and words used in the plural number shall include the singular, unless the context clearly indicates the contrary.
(4) The phrase "used for" includes "arranged for", "maintained for" or "occupied for".
(5) The word "and" indicates that all connected items, conditions, provisions and events shall apply.
(6) The word "or" indicates that connected items, conditions, provisions and events may apply.
(7) The term "either/or" indicates that connected items, conditions, provisions and events shall apply singly but not in combination.
(8) Terms not herein defined shall have the meaning customarily assigned to them.
(b) As used in this Zoning Code, the following words and terms shall have the definitions indicated:
(1) "Accessory building." A building located on property under common ownership with the principal building, which is clearly incidental and subordinate to the main building, including but not limited to detached garages, storage buildings, sheds, barns, shelters and decorative structures.
(2) "Accessory use." A use which is customarily considered incidental and subordinate to, and located on the same lot as, the principal use or building. "Accessory use" includes but is not limited to the following:
A. Residential accommodations for servants, caretakers or night watchman in any use district;
B. Swimming pools, tennis courts and other recreational facilities;
C. Off-street loading and parking facilities and the storage of goods used, produced or offered for sale, in Business and Industrial Districts only;
D. Garage or other casual sales of personal property, as long as they are held no more frequently than three times a year and for no longer than three days each time. The advertising restrictions contained in this section shall not apply to such sales;
E. The storage of motor vehicles, trailers, recreational vehicles or boats owned by residents of the premises only. Storage of any such items for nonresidents, whether or not a fee is charged, shall be deemed a business use. No such storage shall be closer to the road than the minimum front yard setback requirements of § 1266.13;
F. The keeping, but not boarding, of dogs, cats or farm animals. However, the keeping of exotic or dangerous animals, such as but not limited to lions, tigers, leopards, panthers, cougars, bobcats, wolves, foxes, apes, gorillas, poisonous or constrictor snakes, crocodiles or alligators, shall be prohibited; and
G. Dish antennas or similar satellite receiving stations for reception of communication signals; provided that these shall be located only in the rear yard and shall meet the minimum rear and side yard setback requirements for the district in which they are located.
(3) "Agriculture." The use of land for farming purposes, including dairying, pasturage, apiculture, floriculture, horticulture, viticulture, animal and poultry husbandry, and the necessary accessory uses for packing, treating or storing of produce, provided that the operations of such accessory uses shall be secondary to that of the normal agricultural activities. A use shall be classified as farming or "agriculture" only if it is the principal or main use of the land.
(4) "Alley." A public right-of-way which usually affords a secondary means of access to abutting property and is not intended for general traffic circulation.
(5) "Alteration." Any change, addition or rearrangement in construction or occupancy, or any change in the structural parts of a building, such as walks, windows, partitions, columns or girders, or the moving of a building from one location or position to another.
(6) "Automotive, manufactured home, travel trailer and farm implement sales." The sale or rental of new and used motor vehicles, manufactured homes, travel trailers or farm implements, but not including repair work, except incidental warranty repair of the same, to be displayed and sold on the premises.
(7) "Automotive repair." The repair, rebuilding or reconditioning of motor vehicles or parts thereof, including collision service, painting and steam cleaning of vehicles.
(8) "Automotive wrecking." The dismantling or wrecking of used motor vehicles, manufactured homes or trailers, or the storage, sale or dumping of dismantled, obsolete or wrecked vehicles or their parts.
(9) "Basement." A story that is all or partly underground, but having at least one-half of its height below the average level of the adjoining ground.
(10) "Boarding house." A dwelling where meals or lodging and meals are provided, for compensation, to two or more persons.
(11) "Building." Any structure designed or intended for the support, enclosure, shelter or protection of persons, animals or chattels, which is permanently affixed to the land and has one or more floors and a roof. "Building" includes the area devoted to porches, stairways, fire escapes and fixed canopies. When a structure is divided by a fire wall, each separate part of such structure shall constitute a separate building. "Building" shall not include such structures as billboards, fences, radio towers, water towers, smokestacks, grain elevators, coal bunkers or similar structures with interior spaces not normally accessible for human use.
(12) "Building height." The vertical distance measured from the average elevation of the finished grade at the front of a building to the highest point of the roof surface for a flat roof and to the deck line of a mansard roof, and the average height between eaves and the ridge line of a gable, hip or gambrel roof.
(13) "Building, principal." The building which houses the main activity performed on a lot.
(14) "Building setback line." A line defining the minimum front, side and rear yard setback requirements in which no building or structure may be located, except as otherwise provided herein, and which is generally parallel with and measured from the lot line.
(15) "Clinic." An establishment where human patients who are not lodged overnight are admitted for examination or treatment by a group of physicians, dentists or similar professionals.
(16) "Club." An organization of persons for special purposes or for the promulgation of sports, arts, sciences, literature, politics or the like, but not operated for profit.
(17) "Conditional use." A use permitted within a district, other than a principally permitted use, requiring a conditional use permit and approval of the City Planning Commission.
(18) "Condominium." A building or group of buildings in which units are individually owned, but in which the structure, common areas and facilities are owned on a proportional, undivided basis by all of the property owners.
(19) "Convalescent or nursing home." A structure with sleeping rooms where persons are housed or lodged and are furnished with meals, nursing and medical care.
(20) "Density." The number of dwelling units that can be developed on a given acre of land.
(21) "Development." The construction of a new building or other structure on a lot, or the use of open land for a new use.
(22) "Dwelling." A building (except a manufactured home) which is wholly or partly used, or intended to be used, for living or sleeping by one or more human occupants and built on a site complying with the local building codes or built completely or partially off-site and complying with the basic building codes of the state for industrialized units.
(23) "Dwelling, multiple-family." A building or portion thereof designed exclusively for, or converted for, occupancy by three or more families living independently of one another.
(24) "Dwelling, single-family." A building designed exclusively for and occupied by one family.
(25) "Dwelling, two-family." A building designed exclusively for, or converted for, occupancy by two families living independently of each other.
(26) "Dwelling unit." Space, within a dwelling, comprising living, dining and sleeping rooms and storage closets, as well as space and equipment for cooking, bathing and toilet facilities, all of which is used by only one family and its household employees.
(27) "Family." One or more persons who live together as a single housekeeping unit and use common cooking facilities, as distinguished from a group occupying a boarding house, lodging house or hotel, with the exception that a separate housekeeping unit in the residence for a parent or other person related by blood or marriage would be permitted.
(28) "Fence." A structure designed or intended to enclose or screen.
(29) "Floor area, residential." The sum of the gross horizontal area of the several floors of a residential building, excluding basement floor areas not devoted to residential use, but including the area of roofed porches and roofed terraces. All dimensions shall be measured between interior faces of walls.
(30) "Floor area, usable." For the purpose of computing parking requirements, that area used or intended to be used for the sale of merchandise or services, or to serve patrons, clients, patients or customers. Such floor area which is used or intended to be used principally for the storage or processing of merchandise, or for hallways, utilities or sanitary facilities, shall be excluded from the computation. "Usable floor area" shall be the sum of the horizontal areas of the several floors of the building, measured from the exterior walls.
(31) "Garage, private." A detached accessory building or portion of a principal building, designed or used for the parking or temporary storage of motor driven vehicles, boats or similar vehicles owned and used by the occupants of the premises, provided that no business occupation or service is conducted for profit therein and that space therein for more than one car is not leased to a nonresident of the premises.
(32) "Garage, public." A principal or accessory building, other than a private garage, used for parking or temporary storage of passenger vehicles, and in which no service shall be provided for remuneration.
(33) "Garage service repair." A place where the following services may be carried out: general automotive repair, engine rebuilding, sale of engine fuels, rebuilding or reconditioning of motor vehicles, collision service such as body, frame or fender straightening and repair, and overall painting and undercoating of automobiles.
(34) "Greenbelt." An open landscaped area free of buildings and maintained with permanent plant materials to provide a screen to abutting properties.
(35) "Home occupation." Any occupation conducted entirely within a dwelling unit, which use is clearly incidental and secondary to the use of the dwelling for dwelling purposes, provided that:
A. No more than one person, other than members of the family residing on the premises, shall be engaged in such occupation;
B. The home occupation shall be confined to one floor and to an area not exceeding 25% of that floor;
C. Any extension or modification of the dwelling does not alter its outward appearance as a dwelling;
D. There shall be no visible evidence of the conduct of such home occupation, other than one sign not exceeding two square feet in area, non-illuminated and mounted flat against the wall of the principal building;
E. There shall be no display of stock-in-trade or commodities sold, except those which are produced on the premises;
F. No traffic shall be generated by such home occupation in greater volume than would normally be expected in a residential neighborhood, and any need for parking generated by the conduct of such home occupation shall meet the off-street parking requirements specified in this Zoning Code and shall not be located in the required front yard; and
G. Clinics, hospitals, tourist homes, animal hospitals and commercial kennels, among other activities, shall not be deemed to be "home occupations".
(36) "Hotel." A structure kept, used, maintained, advertised or held out to the public to be a place where sleeping accommodations are offered for pay to transient guests, in which five or more rooms are used for the accommodation of such guests, such sleeping accommodations being conducted in the same building or in buildings in connection therewith; and every building or other structure kept, used, maintained, advertised or held out to the public to be a place where sleeping accommodations are offered for pay to transient guests, in which five or more rooms are used for the accommodation of such guests.
(37) "Institution." A building and/or land designed to aid individuals in need of physical, mental, therapeutic or rehabilitative care or other correctional services.
(38) "Junk." Scrap metals and wood of all types; bones, rags, used bottles or cans or paper packaging; old or used machinery, tools, equipment, appliances, motor vehicles or parts thereof; used construction materials; and any and all other manufactured goods which are so worn, deteriorated or obsolete as to make them unusable in their present condition, but which may be subject to salvage or remanufacture. The definition of junk motor vehicle as provided by R C. § 4737.05 shall apply herein.
(39) "Junkyard." A parcel of land where junk is bought, sold, exchanged, baled, packed, disassembled, stored or handled.
(40) "Kennel, commercial." Any lot or premises on which four or more domesticated animals more than four months of age are housed, groomed, bred, boarded, trained or sold, or which offers provisions for minor medical treatment.
(41) "Loading space, off-street." A space logically and conveniently located for bulk pickups and deliveries, scaled to delivery vehicles expected to be used and accessible to such vehicles when required off-street parking spaces are filled. Required "off-street loading space" is not to be included as off-street parking space in computation of required off-street parking space. All off-street loading spaces shall be located totally outside of any street or alley right-of-way.
(42) "Lot." A parcel of land occupied or capable of being occupied by one or more buildings and the accessory building or uses customarily incidental to it, together with such yards and open spaces as are required under the provisions of this Zoning Code. The "lot" shall have frontage on an improved public or private street.
(43) "Lot area." The total square footage within the lot lines of a lot.
(44) "Lot corner." A lot at the point of intersection of, and abutting on, two or more intersection streets.
(45) "Lot coverage." The part or percent of the lot occupied by all buildings.
(46) "Lot depth." The horizontal distance between the street right-of-way line and the rear lot line, measured along the median between the side lot lines. Where the right-of-way line is not established, it shall be assumed to be 30 feet from the centerline of the street.
(47) "Lot frontage." The front of a lot shall be construed to be the portion nearest the street. For the purpose of determining yard requirements on corner lots and double frontage lots, all sides of a lot adjacent to streets shall be considered "frontage".
(48) "Lot, interior." A lot other than a corner lot.
(49) "Lot lines." The lines defining the limits of a lot as described below:
A. "Front lot line." In the case of an interior lot, it is the line separating said lot from the street right-of-way line. In the case of a corner lot or double frontage lot, it is the line separating said lot from either street right-of-way line.
B. "Rear lot line." The lot line opposite the front lot line. In the case of a lot pointed at the rear, the rear lot line shall be an imaginary line parallel to the front lot line, not less than 30 feet long, lying farthest from the front lot line and wholly within the lot.
C. "Side lot line." Any lot line other than the front or rear lot line.
(50) "Lot width." The horizontal distance between the side lot lines, measured between the two points where the minimum building setback line intersects the side lot lines.
(51) "Manufactured home." A structure that is fabricated in an off-site facility and constructed in compliance with the federal construction and safety standards established by the Secretary of Housing and Urban Development pursuant to the "Manufactured Housing Construction and Safety Standards Act of 1974", 88 Stat. 700, 42 U.S.C.A. §§ 5401, 5403, and that has a permanent label or tag affixed to it, as specified in 42 U.S.C.A. § 5415, certifying compliance with all applicable federal construction and safety standards.
(52) "Manufactured home park." Any site, parcel or tract of land under single ownership and upon which three or more independent manufactured homes are parked and used for dwelling and sleeping purposes.
(53) "Manufacturing, heavy." Manufacturing, processing, assembling, storing, testing and similar industrial uses which are generally major operations and extensive in character, which require large sites, open storage and services and facilities, and ready access to regional transportation, and which normally generate some nuisances such as smoke, noise, vibration, dust, glare, air pollution, water pollution and heavy traffic, but not beyond the district boundary.
(54) "Manufacturing, light." Manufacturing or other industrial uses which are usually controlled operations, relatively clean, quiet and free of smoke, noise, odor or dust, or which operate and store within enclosed structures and generate little industrial traffic and no nuisances.
(55) "Master plan." The Comprehensive Plan, including graphic and written proposals indicating the general location for streets, parks, schools, public buildings and private land use development in the city.
(56) "Mobile home." A structure that is fabricated in an off-site facility that is more than 35 body feet in length or, when erected on site, is 320 or more square feet, that is built on a permanent chassis and transportable in one or more sections, and that does not qualify as a manufactured home as defined in division (b)(52) of this section.
(57) "Nonconforming building." A building or portion thereof lawfully existing on the effective date of this Zoning Code, or amendments thereto, that does not conform to the area and height regulations of the district in which it is located.
(58) "Nonconforming lot." A single lot of record lawfully existing on the effective date of this Zoning Code, or amendments thereto, that does not conform to the requirements of area, width or depth for the district in which it is located.
(59) "Nonconforming use." A land use lawfully existing at the time of enactment of this Zoning Code, or amendments thereto, which does not conform to the use provisions of the district in which it is located.
(60) "Nursery, day." A building, place or location, or any combination thereof, that is used for the purpose of housing and caring for children unaccompanied by parents during the daylight hours.
(61) "Nursery, plant materials." Land, buildings or structures, or any combination thereof, for the storage, cultivation or transplanting of live trees, shrubs or plants offered for retail sale on the premises, including products used for gardening or landscaping.
(62) "Nursing home." A home used for the reception and care of individuals who, by reason of illness or physical or mental impairment, require skilled nursing care, and of individuals who require personal assistance but not skilled nursing care.
(63) "Off-street parking." An area, structure or space located totally outside of any street or alley right-of-way which is used for temporary storage of motor vehicles and is available to the public, whether for a fee, for free or as an accommodation for employees, clients or customers.
(64) "Open space." Any part of a lot, including courts and yards, which is open and unobstructed from its lowest level to the sky. The area may include, along with the natural environmental features, water areas, swimming pools, tennis courts and any other recreational facilities that the City Planning Commission deems permissible. Streets, parking areas, structures for habitation and the like shall not be included.
(65) "Parking space." An area of definite length and width, exclusive of aisles and drives or entrances giving access thereto, and fully accessible for the temporary parking of permitted motor vehicles.
(66) "Planned unit development." Any area of land where both individual, residential building sites and common property devoted to parks, playgrounds and/or school sites are designed and organized to be capable of satisfactory use and operation as a self-contained residential area. The development may use more flexible standards, such as those for lot size and setbacks, than would normally apply under these regulations. The development may also incorporate commercial facilities to serve the residential neighborhood.
(67) "Public utility." Any person, firm, corporation, governmental agency or board fully authorized to furnish, under governmental regulations, to the public, electricity, gas, steam, telephone, telegraphy, transportation, sewer, water or television cable service.
(68) "Restaurant." A public eating establishment in which the primary function is the preparation and serving of food for consumption on or off the premises, but which is not licensed by the state to sell beer or intoxicating liquor.
(69) "Right-of-way." A strip of land taken or dedicated for use as a public way. In addition to the roadway, it normally includes curbs, lawn strips, sidewalks, lighting and drainage facilities, and may include special features such as grade separation, landscaped areas and bridges.
(70) "Rooming house." A dwelling or part thereof where lodging is provided for compensation for four or fewer unrelated persons and where no cooking or dining facilities are provided to those persons in individual rooms or elsewhere on the premises.
(71) “Sexually oriented business.”
A. "Sexually oriented business" means an adult arcade, adult bookstore, adult cabaret, adult entertainment establishment, adult motion picture theater, adult novelty store, adult theater, adult video store, sexual device shop, sexual encounter center, sexual encounter establishment, escort agency, and adult motel, all as defined herein and/or in § 838 02 (Definitions) of Chapter 838 (Sexually Oriented Businesses) of these Codified Ordinances, but does not include a business solely by reason of its showing, selling, or renting materials that may depict sex.
B. "Adult arcade" means any place to which the public is permitted or invited wherein coin-operated or slug-operated or electronically, electrically or mechanically controlled still or motion picture machines, projectors or other image-producing devices are maintained to show images to five or fewer persons per machine at any one time, and where the images so displayed are distinguished or characterized by the depicting or describing of "specified sexual activities" or "specified anatomical areas."
C. "Adult bookstore" or "adult video store" means a commercial establishment that has as a significant or substantial portion of its stock-in-trade in, derives a significant or substantial portion of its revenues from, devotes a significant or substantial portion of its interior business or advertising to, or maintains a substantial section of its sales or display space for the sale or rental, for any form of consideration, of books, magazines, periodicals, or other printed matter, or photograph films, motion pictures, video cassettes, compact discs, slides, or other visual representations, that are characterized by their emphasis upon the exhibition or description of specified sexual activities or specified anatomical areas.
D. "Adult cabaret" means a nightclub, bar, juice bar restaurant, bottle club, or similar commercial establishment, whether or not alcoholic beverages are served, which regularly features:
1. Persons who appear in a state of nudity or seminudity; or
2. Live performances which are characterized by the exposure of specified anatomical areas or specified sexual activities; or
3. Films, motion pictures, video cassettes, slides or other photographic reproductions which are characterized by the depiction or description of specified sexual activities or specified anatomical areas.
E. "Adult motion picture theater" means a commercial establishment where, for any form of consideration, films, motion pictures, video cassettes, slides or similar photographic reproductions, which are characterized by the depiction or description of specified sexual activities or specified anatomical areas, are regularly shown to more than five individuals.
F. "Adult motel" means a hotel, motel or similar commercial establishment which:
1. Offers accommodations to the public for any form of consideration, provides patrons with closed-circuit television transmissions, films, motion pictures, video cassettes, slides or other photographic reproduction which is characterized by the depiction or description of "specified sexual activities" or "specified anatomical areas", and has a sign visible from the public right-of-way which advertises the availability of this adult-type of photographic reproductions;
2. Offers a sleeping room for rent for a period of time that is less than ten hours; or
3. Allows a tenant or occupant of a sleeping room to sub-rent the room for a period of time that is less than ten hours.
G. "Adult theater" means a theater, concert hall, auditorium or similar commercial establishment that, for any form of consideration, regularly features persons who appeal in a state of nudity, or live performances which are characterized by the exposure of "specified sexual activities" or "specified anatomical areas."
H. "Escort agency" means a person or business association who furnishes, offers to furnish, or advertises to furnish escorts as one of its primary business purposes, for a fee, tip or other consideration.
I. "Nude or seminude model studio" means any place where a person who appears in a state of nudity or seminudity, is provided for money or any other form of consideration to be observed, sketched, drawn, painted, sculptured, photographed or similarly depicted by other persons.
J. 1. "Sexual encounter establishment" means a business or commercial enterprise that, as one of its primary business purposes, offers, for any form of consideration, a place where either of the following occur:
a. Two or more persons may congregate, associate, or consort for the purpose of engaging in specified sexual activities; or
b. Two or more persons appear nude or seminude for the purpose of displaying their nude or seminude bodies for their receipt of consideration or compensation in any type or form.
2. An establishment in which a medical practitioner, psychologist, psychiatrist, or similar professional person licensed by the state engages in medically approved and recognized therapy, including, but not limited to, massage therapy, as regulated pursuant to R.C. § 4731.15, is not a "sexual encounter establishment."
K. "Specified anatomical areas" means human genitals, pubic region, and buttocks and the human female breasts below the point immediately above the top of the areola.
L. "Specified sexual activities" means sexual intercourse, oral copulation, masturbation, or sodomy, or excretory functions as a part of or in connection with any of these activities.
(72) "Sign." Any card, cloth, paper, metal, painted glass, wood, plaster, stone or other sign of any kind or character whatsoever which shall be/is placed to attract attention to any object, product, location, activity, person, institution, organization or business. The term "placed" shall include erecting, constructing, posting, painting, printing, tacking, nailing, gluing, stacking, carrying, fastening or making visible in any manner whatsoever. "Sign" shall not include the flag, pennant, lodge or insignia of any governmental, religious, educational or similar organization.
(73) "Story." The part of building included between the surface of one floor and the surface of the next floor above, or the ceiling if there is no floor above.
(74) "Street, private." An improved right-of-way having all the characteristics of a public street, except that the street shall not be dedicated or deeded to public use, and maintenance and repair shall not be the responsibility of the city.
(75) "Street, public." An improved right-of-way which is used for the movement of goods and people and provides for vehicular and pedestrian access to abutting properties, and which has been dedicated or deeded to public use and accepted by the city, which includes all lands between the right-of-way lines, and may incorporate the curbs, sidewalks, landscaped areas, street pavement and berm. "Public street" shall be designated and defined as follows:
A. "Collector thoroughfare." A street or road which primarily carries traffic from local streets to arterial streets and distributes traffic from the arterials to local streets. Access to abutting properties is equal in importance to the movement of through traffic. "Collector thoroughfares" are designated on the Thoroughfare Plan of the city, as set forth in Appendix VI following the text of Chapter 1298 of this Zoning Code.
B. "Cul-de-sac." A local thoroughfare of relatively short length with one end open to traffic and the other end terminating in a vehicular turn-around.
C. "Dead-end-street." A local thoroughfare temporarily having only one outlet for vehicular traffic and intended to be extended or continued in the future.
D. "Local thoroughfare." A street or road which is intended primarily to provide access to residential or other abutting property. Through traffic should be discouraged on such streets. "Local thoroughfares" are designated on the Thoroughfare Plan of the city, as set forth in Appendix VI following the text of Chapter 1298 of this Zoning Code.
E. "Major arterial thoroughfare." A street or road which is intended to carry the major portion of traffic entering or leaving the urban area and also significant intra-urban travel. Major arterials should form the boundaries of residential neighborhoods. Access or service to abutting properties is secondary in importance to the provision of travel service. "Major arterial thoroughfares" are designated on the Thoroughfare Plan of the city, as set forth in Zoning Appendix VI following the text of Chapter 1298 of this Zoning Code.
F. "Minor arterial thoroughfare." A street or road which is intended to connect with and augment the major arterial system. The purpose of a minor arterial is to provide travel service to trips of moderate length and to provide intra-community continuity. Providing access to abutting properties is a secondary function to the movement of through traffic. "Minor arterial thoroughfares" are designated on the Thoroughfare Plan of the city, as set forth in Appendix VI following the text of Chapter 1298 of this Zoning Code.
(76) "Structure." Anything constructed or erected which requires location on or below the ground, or which is attached to something having a fixed location on the ground. Among other things, structures include buildings, manufactured homes, mobile homes, walls, fences and billboards.
(77) "Swimming pool (recessed or elevated)." An artificial body of water, with a controlled water supply over 24 inches in depth, or comprising 180 square feet of surface area or 15 feet in diameter, used or intended to be used by the owner thereof or his or her lessees or invitees.
(78) "Temporary building or use." A building or use permitted to exist during periods of construction of the principal building or use, or for special events.
(79) "Thoroughfare Plan." A plan adopted by the city as part of this Zoning Code and indicating the location of arterial, collector and local thoroughfares within the city.
(80) "Townhouse dwelling." A building designed for and occupied exclusively as a residence by one family, being attached by means of a common dividing wall or walls to one or more adjacent buildings likewise designed for occupancy by one family. A single housing unit occupies each structure from ground to roof, and independent and exclusive access is provided for each unit from the outside.
(81) "Use." The specific purpose for which land or a building is designated, arranged or intended, or for which it is or may be occupied.
(82) "Yard." A required open space, other than a court, on the same lot as the principal building, unoccupied and unobstructed by any structure or portion of a structure from the ground upward, and further defined as follows:
A. "Front yard." An open space extending the full width of the lot, the depth of which is the minimum horizontal distance between the street right-of-way line and the nearest point of the principal building.
B. "Rear yard." An open space extending the full width of the lot, the depth of which is the minimum horizontal distance between the rear lot line and the nearest point of the principal building.
C. "Side yard." An open space between the side lot line and the principal building, extending from the front yard to the rear yard, the width of which is the minimum horizontal distance from the side lot line to the nearest point of the principal building.
(83) "Zoning exception and variance."
A. 1. "Exception." A use permitted only after review of an application by the Board of Zoning Appeals, such review being necessary because the provisions of this Zoning Code covering conditions are not precise enough to cover all applications without interpretation, and such review is required by this Zoning Code.
2. "Variance." A modification of the literal provisions of this Zoning Code, which may be granted when strict enforcement of this Zoning Code would cause undue hardship, owing to circumstances unique to the individual property for which the variance is sought. The crucial factors of a variance are undue hardship and unique circumstances to the property. A variance is not justified unless both elements are present in the case.
B. The exception differs from the variance in several respects. An exception does not require "undue hardship" in order to be allowed. The exception, as stated within applicable provisions of this Zoning Code, is a form of "special approval" on review by the Board of Zoning Appeals.
(Ord. 1-91, passed 3-4-1991; Ord. 21-95, passed 12-4-1995; Ord. 24-98, passed 7-6-1998; Ord. 28- 2010, passed 12-6-2010)