Words used in this Zoning Code are used in their ordinary English usage. However, for the purpose of this Zoning Code, certain words used herein are defined and whenever used in this Code shall have the meaning indicated in this section, except where the context clearly indicates a different meaning.
(a) The following are special meanings of words:
Words used in the present tense include the future. The masculine, feminine or neutral gender includes either of the others. The singular number includes the plural and the plural the singular. The word "shall" is mandatory; the word "may" is permissive. The word "lot" includes the word "plot". The word "erected" includes the word "used" and the word "altered". The phrase "used for" shall include "occupied for", "intended for", "designed for" or "arranged for". The word "build" shall include to "erect," "convert," "enlarge," "reconstruct" or "structurally alter" a building or structure or part thereof.
(b) Certain general terms are hereby defined as follows:
(1) ABUTTING: Having a common border with, or being separated from such a common border by a right-of-way, alley, or easement.
(2) ACCESSORY BUILDING: A subordinate building customarily incidental to, detached from and located upon the same lot occupied by the principal building or use.
(3) ACCESSORY USE (OR STRUCTURE): A use, object, or structure constructed or installed on, above or below grade which is incidental to or customarily in connection with, or subordinate to, the principal building or use and is located on the same lot with such principal building or use.
(4) ADULT DAY CARE CENTER: A facility providing care for the elderly and/or functionally impaired adults in a protective setting for a portion of a 24 hour day.
(5) ALTERATION: Any change that would prolong the life of the supporting members of a building or structure, such as the bearing walls, columns, beams or girders. Additionally, applied to a building or structure, means a change or rearrangement in the structural parts or in the entrance and exit facilities, or an enlargement, whether by extending on a side or by increasing in height, or the moving from one location or position to another.
(6) AMUSEMENT DEVICE: Any machine or device which, upon the insertion of a coin, slug, token, or similar, 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.
(Ord. 2007-222. Passed 1-10-08.)
(7) ASSISTED LIVING FACILITY: A residential or institutional complex containing dwelling units for independent and assisted living, and with each dwelling or room occupied by no more than two residents who are not restricted in their movements and do not require skilled nursing care. Assisted living facilities offer meals, housekeeping, social programs and other personalized care and have common dining, gathering and recreational areas. Assisted living facilities may offer other specialized services as an accessory use including, but not limited to, memory care.
(Ord. 2016-130. Passed 1-26-17.)
(8) BAR: An establishment devoted to the serving of alcoholic beverages consumed on the premises and in which the service of food is only incidental to the consumption of such beverages.
(9) BASEMENT: A portion of a building partly or entirely underground whose ceiling or underpart of the floor above is four feet or less above the average finished ground elevation. The "average finished ground elevation" is the mean elevation of the finished grade around all of the exterior of the building. (See also GRADE, FINISHED.)
(10) BOARD: The Board of Zoning and Building Appeals of Stow, Ohio. (See Section 1135.05.)
(11) BOARDING HOUSE: A dwelling where lodging and meals are provided to 5 or more persons, not requiring short term, immediate, or long-term nursing care as those terms are utilized and defined by the state departments of health and public welfare, other than the members of the proprietor's family, by prearrangement for definite periods of time. No BOARDING HOUSE shall include custodial or supervised rehabilitative programs for the purpose of physical, mental, emotional, vocational, or spiritual rehabilitation or counseling.
(12) BUILDING: Any structure having a roof supported by columns or by walls and intended for the shelter, housing, or enclosure of persons, animals, or property.
(13) BUILDING HEIGHT: The vertical dimension measured from the average finished grade at the front of the building to the highest point of a flat roof, to the deck line of a mansard roof, and to the average height between the plate and ridge of a gable, hip, or gambrel roof.
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(14) BUILDING LINE (FRONT AND REAR): An imaginary linear extension of the building wall parallel to the lot line defining the limits of the front or rear yard.
(15) BUILDING, PRINCIPAL: The building on a lot used to accommodate the primary use to which the premises are devoted.
(16) CAR WASH: A building or area that provides facilities for washing and cleaning motor vehicles, which may use production line methods with a conveyor, blower, or other mechanical devices and/or which may employ hand labor.
(17) CEMETERY: Land used or intended to be used for the burial of the human dead and dedicated for cemetery purposes, including columbariums and mausoleums, when operated in conjunction with and within the boundaries of such cemetery.
(18) CHILD CARE: Care provided for any part of the 24 hour day for infants, toddlers, preschool children, and school children outside of school hours by persons other than their parents or guardians, custodians, or relatives by blood, marriage or adoption, in a place or residence other than the child's own home. Places of worship during religious services are not included.
(19) CHILD DAY-CARE CENTER: Any place in which child care is provided for more than three children under age of two (2), or seven (7) or more pre- school children or school age children outside of school hours by persons other than their parents for any part of the twenty-four (24) hour day.
(20) CHILD DAY-CARE HOME - TYPE B: As defined by ORC 5104.01(E), a permanent residence of the administrator in which child care is provided for 1 to 6 children and in which no more than 3 children are under two years of age.
(21) CHURCH OR PLACES OF WORSHIP: A building originally designed for and only for, and used primarily for public worship. The word "place of worship" includes the words "church," "chapel," "synagogue" and "temple" and their uses and activities which are customarily related.
(22) COMMERCIAL RECREATION, INDOOR: A commercial recreational land use that typically involves some physical or athletic activity and that is conducted entirely within a building including a bowling alley, dance hall, skating rink or similar use. Indoor commercial recreation shall not include an establishment where the principal activity includes the use of video arcade or other amusement device.
(23) COMMERCIAL RECREATION, OUTDOOR: A commercial recreational land use that typically involves some physical or athletic activity and that is conducted outside including driving ranges (not associated with a golf course), batting cages, miniature golf or similar uses.
(24) COMMISSION: The City Planning Commission of Stow, Ohio. (See Section 1135.04.)
(25) CONDITIONAL USE: A use that, owing to some special circumstances attendant to its operation or installation, is permitted in a district only under certain conditions set forth in Title Nine, and which requires a conditional use certificate and approval by the City Planning Commission and City Council, in accordance with the standards and procedures of Sections 1137.04.
(26) CONDITIONAL ZONING CERTIFICATE: An ordinance or resolution enacted by Council which sets forth any conditions, stipulations, safeguards, and variances that have been approved by City Council after review and a recommendation by the Planning Commission.
(27) CONGREGATE LIVING FACILITY: A building used as group living quarters for a student body, religious order, or other group as an associated use to a college, university, boarding school, orphanage, convent, monastery, or other similar use. Congregate living facilities do not include kitchen facilities, except a group kitchen facility to serve all residents.
(Ord. 2007-222. Passed 1-10-08.)
(28) CREMATORIES: A location containing properly installed, certified apparatus intended for use in the act of cremation of human remains. Cremation is the mechanical, thermal, or other dissolution process that reduces human remains to bone fragments. Crematories shall be operated in conformance with all applicable local, State and Federal laws and regulations. (Ord. 2020-186. Passed 3-11-21.)
(29) DENSITY: The number of dwelling units located on an acre of land.
(30) DISTRICT: An area of land for which there are uniform zoning regulations governing the use of buildings and premises, density of development, yard requirements, and height limitations.
(31) DRIVE-THRU FACILITY: Any portion of a building or structure from which business is transacted, or is capable of being transacted, directly with customers located in a motor vehicle during such business transactions. The term "drive-thru" shall also include "drive-up" and "drive-in."
(32) DWELLING: Any building or portion thereof which is designed and used exclusively by one or more human occupants for the purpose of residing for an extended time. A dwelling may be comprised of more than one dwelling unit.
(33) DWELLING UNIT: A building or portion thereof designed exclusively for residential occupancy by one family and having cooking facilities with a separate outside entrance.
(34) DWELLING, APARTMENT BUILDING: A building or portion thereof designed for occupancy by three or more families living independently of each other in three or more dwelling units where one or more of the dwelling units are above the first or ground floor, and the units are separated by party walls with varying arrangements of entrances.
(35) DWELLING, ATTACHED SINGLE-FAMILY: Single-family dwelling units which are structurally attached to one another, but which maintain separate identities, including such elements as separate ground-floor entrances, services and attached garages.
(36) DWELLING, CLUSTER SINGLE-FAMILY: A building designed and used exclusively for occupancy by one family, separated from other dwelling units by open space, which is grouped with other dwellings on a site and which is not located on its own subdivided lot.
(37) DWELLING, SINGLE-FAMILY: A building designed and used exclusively for occupancy by one family, separated from other dwelling units by open space.
(38) DWELLING, TWO-FAMILY: A building designed and used exclusively by two families living independently of each other. The dwelling units may be either attached side by side or one above the other.
(39) DWELLING, MULTI-FAMILY: A dwelling containing three or more dwelling units.
(40) DWELLING, TOWNHOUSE: Three or more dwelling units each having direct access to the outside at grade and with common walls separating the dwelling units, and no dwelling units are located one over the other. The words "townhouse," and "row house" shall be considered synonymous.
(41) DWELLING, ZERO LOT LINE: A building located on a lot in such a manner that one or more of the building's sides rests directly on a lot line.
(42) FAMILY: One or more persons related by blood, adoption or marriage plus no more than 4 unrelated individuals occupying a dwelling unit and living as a single housekeeping unit, but not including groups occupying a boarding house, hotel, motel, fraternity, sorority, monastery, or convent.
(Ord. 2007-222. Passed 1-10-08.)
(43) FAMILY HOME FOR PERSONS WITH DISABILITIES: A residential facility that provides room and board, personal care, rehabilitative or habilitative services, and supervision in a family setting for 6 to 8 persons with disabilities (See PERSONS WITH DISABILITIES.) One to 5 persons, including resident staff, living in such a residential facility constitute a family for the purposes of this Zoning Code (see FAMILY), and are not subject to the conditional use regulations for family homes. The term "family home for persons with disabilities" does not include "halfway house" or other housing facilities serving as an alternative to incarceration, "nursing home", "boarding house", "rooming house", "lodging house", or any other such similar building or use of a building.
(Ord. 2021-152. Passed 10-14-21.)
(44) FENCE: Any structure composed of wood, iron, steel, masonry, stone or other material and erected in such a manner and in such location as to enclose, secure, partially enclose or secure, provide privacy, decorate, define or enhance all or any part of any premises. Trellises or other structures supporting, or for the purpose of supporting, vines, flowers and other vegetation, when erected in such a position as to enclose all or any part of the premises or otherwise satisfy the intent of this definition shall be considered a fence. A temporary fence in which the primary use is for the control of snow drifts, otherwise commonly known as a “snow fence”, shall not be considered a fence for the purposes of this section.
(45) FLAG LOT: Irregular shaped lots where the bulk of the lot is separated from the street right-of-way by another lot of record; and access to the bulk of the lot is provided by a strip of land abutting to the street right-of-way.
(46) FLEA MARKET: An occasional or periodic market held in a structure where groups of individual sellers offer goods for sale to the public, but not to include garage sales.
(47) FLEX BUILDING: A multi-tenant building that contains separate units that are used by individual businesses. The business units within a flex building will contain a mix of space, including finished office space and space for storage, production, assembly or similar use. Any business unit in a flex building in a C6 Office/Business District shall include at least 25% of the total area finished as dedicated office space.
(48) FLOOR AREA, GROSS: (For determining floor area ratio). The sum of the gross horizontal area of every floor of a building, measured from the exterior faces of the exterior walls or from the centerline of walls separating two buildings. The floor area of a building shall include:
A. Elevator shafts and stairwells at each floor;
B. Floor space used for mechanical equipment, except equipment, open or enclosed, located on the roof;
C. Penthouses, roofed porches, breezeways, interior balconies and mezzanines, and attics having headroom of 7 feet 10 inches or more; and
D. Floor area devoted to accessory uses.
However, any space devoted to off-street parking or loading, or any basement, shall not be counted in the floor area ratio
(49) FLOOR AREA FOR LIVING PURPOSES: The total gross area of the structure, but does not include porches, terraces, garages, and basement spaces not in compliance with building code specifications for "habitable space." To be considered for living purposes, the lowest level shall have more than ½ of the ceiling height above the average finished grade.
(50) FLOOR AREA RATIO: The sum of the floor area of each floor, excluding the basement and area devoted to off-street parking or loading, of the building or buildings on a lot, divided by the area of that lot.
(51) FUNERAL HOME: A building or part thereof used for human funeral services. Such building may contain space and facilities for: (a) embalming and the performance of other services used in preparation of the dead for burial; (b) the performance of autopsies and other surgical procedures; (c) the storage of caskets, funeral urns, and other related funeral supplies; and (d) the storage of funeral vehicles, but shall not include facilities for cremation. Where a funeral home is permitted, a funeral chapel shall also be permitted.
(52) GARAGE, PARKING: A principal or accessory building or an enclosed space within the principal building in which off-street parking of motor vehicles is provided, including facilities operated as a business enterprise with a service charge or fee paid to the owner or operator of such facility, with no facilities for mechanical service or repair of a commercial or public nature.
(53) GARAGE, PRIVATE: A detached accessory building or portion of the principal building, enclosed on all sides, designed to store motor vehicles and other normal household accessories of the residents of the principal building, with no facilities for mechanical service or repair of a commercial or public nature. (Ord. 2007-222. Passed 1-10-08.)
(54) GASOLINE STATION (OR CONVENIENCE STORE): An establishment where liquids used as motor fuels are stored and dispersed into the fuel tanks of motor vehicles and includes facilities available for the sale of other retail products. This definition shall not include an establishment that is engaged in the fueling, servicing, repair or parking of tractor trailers or similar heavy commercial vehicles.
(Ord. 2019-55. Passed 5-9-19.)
(55) GRADE, FINISHED: The average level of the finished surface of the ground adjacent to the exterior walls of the building.
(Ord. 2007-222. Passed 1-10-08.)
(56) GROUP HOME FOR PERSONS WITH DISABILITIES: A residential facility that provides room and board, personal care, habilitative or rehabilitative services, and supervision for at least 9 persons with disabilities. (See PERSONS WITH DISABILITIES.) The term "group home for persons with disabilities" does not include "halfway house" or other housing facilities serving as an alternative to incarceration, "nursing home", "boarding house", "rooming house", "lodging house", or any other such similar building or use of a building.
(Ord. 2021-152. Passed 10-14-21.)
(57) HANDICAPPED: (SEE PERSONS WITH DISABILITIES.)
(Ord. 2009-101. Passed 6-25-09.)
(58) HEALTH AND WELLNESS CENTER: A health and wellness center is a community focused, medically managed facility that incorporates a variety of medical, clinical, fitness, wellness, recreational, social and educational programs and events and accessory retail services into one facility. This collection of services, programs and events is medically managed to provide an interface with the community that will promote healthy lifestyles through education with an emphasis on prevention, early detection and outpatient treatment. No less than 35% of the net floor area of a health and wellness center must be devoted to medically related services.
(59) HEALTH/RECREATIONAL FACILITY: An indoor facility for any number of uses such as game courts, exercise equipment, pools, locker rooms, spa, whirlpool or hot tub, and which may include an accessory retail shop for the sale of related equipment.
(60) HOME OCCUPATION: An occupation for gain which is subordinate and incidental to the use of the premises as a dwelling, carried on by a person in the home in which he resides.
(Ord. 2018-7. Passed 3-8-18.)
(Ord. 2018-7. Passed 3-8-18.)
(61) HOSPITALS: A hospital or "hospital complex" consists of one or more buildings in which the primary service provided is medical or surgical care for the sick or injured and may include but not limited to the following uses: operating room facilities, beds for overnight stay, medical laboratories, administrative and medical offices or buildings, pharmacy, restaurant/cafeteria, auditorium/assembly hall, rehabilitation center, child care centers, parking facilities, helipad, maintenance facilities and retail services primarily for the benefit of patients, staff and visitors such as shops for gifts, flowers, medical or pharmaceutical equipment, hotel and restaurant.
(Ord. 2022-2. Passed 2-24-02.)
(Ord. 2022-2. Passed 2-24-02.)
(62) HOTEL (OR MOTEL): A building in which lodging is provided and offered to the public for compensation and which is open to transient guests.
(Ord. 2007-222. Passed 1-10-08.)
(63) INDOOR SPORTS TRAINING FACILITY: A wholly enclosed facility devoted exclusively to advanced and/or professional instruction and training relating to specific physical sports activities including, but not limited to, gymnastics, boxing, soccer, golf, baseball, or basketball. The term "sports training facility" shall be considered to be distinct from commercial recreational service uses catering to the general public such as health and fitness clubs, shooting ranges, archery ranges, racquet clubs, batting cages, etc. (Ord. 2010-164. Passed 12-9-10.)
(64) INDUSTRY, HEAVY: A use engaged in the basic processing and manufacturing of materials or products predominately from extracted or raw materials, or a use engaged in storage of, or manufacturing processes that potentially involve commonly recognized offensive conditions.
(65) INDUSTRY, LIGHT: A use engaged in the manufacture, predominantly from previously prepared materials, of finished products or parts, including processing, fabrication, assembly, treatment, packaging, incidental indoor storage, and distribution of such products, but excluding basic industrial processing.
(66) JUNK MOTOR VEHICLE: Any motor vehicle that is three years old or older; extensively damaged, the damage including, but not limited to, missing wheels, tires, motors, or transmission; apparently inoperable; has a fair market value of $100 or less; and that is left uncovered in the open on private property for more than 72 hours.
(67) KENNEL: A building or premises where animals are boarded for compensation or are bred or raised on a commercial scale.
(68) LAUNDRY, SELF-SERVE AND DRY CLEANING COUNTER OUTLETS: A business that provides home-type washing, drying, and/or ironing machines for use by customers on the premises, or serves as a drop- off for dry-cleaning or laundry, but where no dry-cleaning processing is done on the premises.
(69) LOADING SPACE: A space provided outside the public right-of-way and on the same lot with a building or contiguous to a group of buildings for the temporary parking of a commercial vehicle loading or unloading merchandise and materials.
(70) LOT: For the purpose of this Zoning Code, a lot is a parcel of land of sufficient size to be occupied by a permitted principal building or a group of such buildings and accessory buildings, or utilized for a principal use and uses accessory thereto, together with such open space, yards and parking required by this zoning code The term "zoning lot" is used synonymously with "lot" in this Zoning Code. The term “lot” may include:
A. A single lot of record;
B. A portion of a lot of record;
C. A combination of complete lots of record, of complete lots of record and portions of lots of record, or of portions of lots of record.
(71) LOT AREA: The area contained within the lot lines. No area within the street right-of-way lines shall be considered in determining the lot area. For flag lots, no area of the lot between the front lot line and the street right-of- way shall be considered in determining the lot area.
(72) LOT, CORNER: A lot abutting at the point of intersection two or more streets which intersect at an angle of 135° or less.
(73) LOT COVERAGE: The portion of the lot that is covered by any building and expressed as a percentage.
(74) LOT DEPTH: The mean distance of a lot measured between the front and the rear lot lines.
(75) LOT, FLAG: Irregular shaped lots where the bulk of the lot is separated from the street right-of-way by another lot of record; and access to the bulk of the lot is provided by a strip of land abutting to the street right-of-way.
(76) LOT FRONTAGE: The horizontal distance measured between the side lot lines at the street right-of-way line.
(77) LOT, INTERIOR: A lot with only one frontage on a street.
(78) LOT LINES: The lines defining the limits of a lot. Lot line is synonymous with "property line."
A. FRONT LOT LINE: The line separating the lot from the street right-of-way on which the lot fronts. On a corner lot, the front lot lines shall be each lot line abutting a street. On a flag lot, the front lot line shall be a line parallel to the street right-of-way measured at the minimum lot width.
B. REAR LOT LINE: The lot line opposite and most distant from the front lot line; or in the case of triangular or otherwise irregularly shaped lots, a line ten feet in length entirely within the lot, parallel to and at a maximum distance from the front lot line. On a corner lot, there shall be one rear lot line, as determined by the owner.
C. SIDE LOT LINE: Any lot line other than a front or rear lot line.
(79) 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 deed to which was of record on or prior to the actual date of this Zoning Code.
(80) LOT, THROUGH: A lot other than a corner lot with frontage on more than one street. Through lots abutting two streets may be referred to as double frontage lots.
(81) LOT WIDTH: The horizontal distance between the side lot lines measured along a straight line parallel to the front lot line at the required building setback line.
(Ord. 2007-222. Passed 1-10-08.)
(82) MEDICAL OFFICES: A building or clinic used for the diagnosis and treatment of human patients that does not include overnight care facilities. (Ord. 2022-2. Passed 2-24-22.)
(83) NIGHTCLUB (See also BAR): A commercial establishment where a dance floor or entertainment is provided.
(84) NONCONFORMITY: A lot, use of land, building, use of buildings, or use of buildings and land in combination which lawfully existed at the time of enactment of this Zoning Code or its amendments, but which fails by reason of such enactment or amendment to conform to the regulations of the district in which it is situated.
A. NONCONFORMING USE: The use of any building or land which lawfully existed on the effective date of this Zoning Code, or any amendment or supplement thereto, but which fails by reason of such enactment or amendment to conform to the use regulations for the district in which it is located.
B. NONCONFORMING SITE CONDITION: Any lot, building or structure which lawfully existed on the effective date of this Zoning Code or any amendment thereto, but which fails by reason of such enactment or amendment to conform to the lot area, width or yard regulations, parking requirements, sign regulations, landscaping or screening requirements or other development standards of the district in which it is situated.
(85) NURSING HOME: An extended or intermediate care facility which provides skilled nursing and dietary care for persons who are ill or incapacitated or which provides service for the rehabilitation of the persons who are convalescing from illness or incapacitation, excluding homes or similar institutions or facilities for persons suffering from acute or chronic alcoholism, or other drug dependency, or persons who are mentally incapacitated from causes other than simple senility or who regularly require restraint.
(86) OUTDOOR STORAGE: The keeping, in an unroofed area, of any goods, material, merchandise, vehicles, or junk in the same place for more than 24 hours.
(87) OUTDOOR WOOD FIRED HYDRONIC HEATER: Any equipment, device or apparatus which is installed, affixed or situated outdoors for the primary purpose of combustion of fuel to produce heat or energy used as a component of a heating system for any building or structure.
(88) PARKING SPACE, OFF-STREET: An open or enclosed area adequate for parking an automobile with room for opening doors on both sides, with access to a public street. Arrangement of the parking space shall be such as to allow ingress and egress of an automobile without the necessity of moving any other automobile, and shall be located totally outside of any public right-of-way.
(89) PERMITTED USE: A use permitted as a matter of right or upon issuance of a conditional zoning certificate.
(Ord. 2007-222. Passed 1-10-08.)
(90) PERSONS WITH DISABILITIES: With respect to a person, a physical or mental impairment that substantially limits one or more of such person's major life activities, or a record of having such an impairment, or being regarded as having such an impairment, so that such person is incapable of living independently. However, "disabilities" shall not include current, illegal use of or addiction to a controlled substance, nor shall it include any person whose residency in the home would constitute a direct threat to the health and safety of other individuals.
(Ord. 2021-152. Passed 10-14-21.)
(91) RECYCLING COLLECTION STATION: An accessory use that serves as a neighborhood drop-off point for the collection and temporary storage of small recoverable resources such as glassware, plastic jugs and metal cans, but which does not involve any processing.
(92) REPAIR GARAGE: A building or portion of a building in which structural repair, rebuilding or reconditioning of motor vehicles, or parts thereof, is conducted, including collision service; spray painting; body, fender, clutch, transmission, differential, axle, spring, and frame repairs; major overhauling of engines requiring the removal of the engine cylinder, head or crankcase pan; repairs to radiators requiring the removal thereof; complete recapping or retreading of tires; or similar activities.
(93) RESEARCH AND TESTING LABORATORY: A building or group of buildings for scientific research, investigation, testing or experimentation, but not facilities for the manufacture or sale of products, except as incidental to the main purpose of the laboratory.
(94) RESTAURANT - COUNTER SERVICE: A retail service establishment whose principal business is the sale of foods, frozen desserts, or beverages in ready-to-consume individual servings, for consumption either within the restaurant building or for carry-out, and where customers are not served their food, frozen desserts, or beverages by a restaurant employee at the same table or counter where the items are consumed.
(95) RESTAURANT - TABLE-SERVICE: A retail service establishment wherein the entire business activity, or substantially all of the business activity, consists of the sale of food to patrons seated at tables for consumption within the building.
(96) RETAIL SALES ESTABLISHMENT. A commercial enterprise that provides goods and/or services directly to the consumer, where such goods are available for immediate purchase and removal from the premises by the purchaser.
(97) RIGHT-OF-WAY: A strip of land taken, dedicated, or otherwise recorded as an irrevocable right-of-passage for use as a public way. In addition to the roadway, it normally incorporates the curbs, lawn strips, sidewalks, water and sewer lines, lighting, and drainage facilities, and may include special features (required by the topography or treatment) such as grade separation, landscaped areas, viaducts, and bridges. "Right-of-way line" also means "street line."
(98) ROOMING HOUSE: A dwelling where lodging is provided to 5 or more persons, other than the proprietor and proprietor's family members, not requiring short term, immediate, or long term nursing care as those terms are utilized and defined by the state department of health and by prearrangement for definite periods of time. No rooming house shall include custodial or supervised rehabilitative programs for the purpose of physical, mental, emotional, vocational, or spiritual rehabilitation or counseling.
(99) SATELLITE DISH RECEIVING ANTENNAS ALSO REFERRED TO AS "EARTH STATIONS" OR "GROUND STATIONS": A television signal receiving device, antenna, dish antenna, or dish-type antenna, the purpose of which is to receive television communication or signals from satellites in earth orbit and other extraterrestrial sources.
A. DISH: That part of a satellite signal receiving antenna characteristically shaped like a saucer or dish.
B. RECEIVER: A television set and/or radio receiver.
(100) SELF-SERVE STORAGE FACILITY: A building or group of buildings in a controlled access and fenced compound that contains varying sizes of individual, compartmentalized self-contained units for the storage of customers goods or wares.
(101) SENIOR CITIZEN APARTMENTS: A building or group of buildings containing dwelling units for households whose heads, or spouses, or sole members are at least 62 years of age or are handicapped as defined in Title II, Sec. 201 of the Housing and Community Development Act of 1974.
(102) SETBACK: The required minimum horizontal distance between a lot line and a structure as established by this Code.
(103) SETBACK LINE (See also Required Yard): A line established by this Zoning Code generally parallel with and measured from the lot line, defining the limits of the required yard in which no building, or structure may be located above ground, except as may be provided in this Zoning Code. The term "setback line" shall also include "required setback line."
(104) STORY: That portion of a building between the surface of any floor and the surface of the floor next above it or, if there is no floor above it, the space between such floor and the ceiling next above it.
(105) STREET: A public thoroughfare, with the exception of alleys, including the entire area within the right-of-way which affords traffic circulation and the principal means of public access to abutting property.
(106) STREET RIGHT-OF-WAY LINE: A line between a lot, tract or parcel of land and a contiguous street. Where the lot, tract, or parcel of land has been conveyed to the center of the street, the street right-of-way line then becomes the boundary line of land reserved for street purposes.
(107) STRUCTURE: Anything constructed or erected, the use of which requires permanent location on the ground or attached to something having a permanent location on the ground, including signs, billboards, and farmers' roadside stands, fences, decks, pools, patios, paved areas, sidewalks and gazebos.
(108) TAVERN: See BAR.
(109) TEMPORARY COMMERCIAL SALES: A periodic sales activity that extends beyond the normal business facility by use of a temporary structure or use of an outdoor area, including a parking area, which is not normally used for sales activity.
(110) USE: The specific purpose for which land or a building is designed, arranged or intended, or for which it is or may be occupied or maintained.
(111) VARIANCE: A variance is a modification of the strict terms of the relevant regulations where such modification will not be contrary to the public interest. (Ord. 2007-222. Passed 1-10-08.)
(112) VEHICULAR SERVICE STATION: A building or part of a building, structure or space used for the retail sale of fuel, lubricants and/or moto vehicle accessories, the routine maintenance and service, and/or the making of repairs to motor vehicles, except that repairs described as major repairs in REPAIR GARAGE shall not be permitted.
(Ord. 2019-55. Passed 5-9-19.)
(113) VETERINARY HOSPITAL OR CLINIC: A place where animals or pets are given medical or surgical treatment and the boarding of animals is limited to short-term care incidental to the clinic use.
(114) WHOLESALE, WAREHOUSING AND DISTRIBUTION FACILITY: A use engaged in storage, wholesale and distribution of manufactured products, supplies and equipment, but excluding bulk storage of materials that are flammable or explosive or that create a hazardous or commonly recognized offensive conditions and also excluding self-serve storage facilities.
(115) YARD: An open space on the same lot with a principal building that lies between the principal building and the nearest lot line, unoccupied and unobstructed by any portion of the structure from the ground upward, except for accessory uses, structures or buildings as expressly permitted in this Zoning Code. [Refer to illustration at the end of subsection (b)(113)]
(116) YARD, FRONT: A space extending along the full length of lot lines abutting a street or streets between the lot line(s) and the building line; i.e., any yard abutting a street is a front yard. [Refer to illustration at the end of subsection (b)(113)]
(117) YARD, REAR: A space extending along the full length of the rear of the lot between the rear lot line and the principal building line, between the side lot lines of an interior lot, or between a side lot line and a front yard of a corner lot, as the owner so designates.
Yards - Typical Lot
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Yards - Corner Lot
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(118) YARD, REQUIRED (See also Setback Line): The open space between a lot line and a setback line that is the minimum area required to comply with the regulations of the district in which the lot is located, and within which no structure shall be located except as expressly permitted in this Zoning Code.
(119) YARD, SIDE: The space between the side lot line and the building, extending from a front yard to a rear yard.
(120) YARD, WIDTH OR DEPTH: The horizontal distance from a lot line to the principal building measured perpendicular to the building.
(121) ZONING CERTIFICATE: A document issued by the Planning Director authorizing the use of lots, structures, uses of lands and structures, and the particular characteristics of the uses.
(122) ZONING CODE: A composite of the zoning text which describes the specific regulations for both private and public uses within each use district and the extent of district boundaries. More specifically, ZONING CODE means Ordinance 2007-222, passed January 10, 2008, as amended, codified herein as Titles Five to Eleven of this Part Eleven - Planning and Zoning Code.
(123) ZONING LOT: See LOT.
(Ord. 2007-222. Passed 1-10-08; Ord. 2009-101. Passed 6-25-09.)