(a) Interpretation. Words in this Zoning Code are normally defined according to their ordinary English usage. Certain terms are, however, defined in this chapter and wherever used in this Zoning Code, they shall have the meanings set forth herein, unless the context clearly indicates a different meaning.
(b) General Terms.
(1) The word "shall" is to be interpreted as mandatory and shall be complied with unless waived; "may" is to be interpreted as having permission or being allowed to carry out a provision; "should" is to be interpreted as expressing that the application of such criteria or standards is desired and essential unless commensurate criteria or standards are achieved.
(2) All words used in the singular shall include the plural, and all words used in the present tense shall include the future tense, unless the context clearly indicates the contrary.
(3) The phrase "used for" shall include "arranged for," "designed for," "intended for," "maintained for" and "occupied for."
(4) "Regulation" means a rule, restriction or other mandatory provision in this Zoning Code intended to control, require or prohibit an act.
(5) "Standard" means a test, measure, model or example of quantity, extent or quality.
(6) "Criterion" means a principle by which the planning of a development area shall be guided.
(7) "City" means the city of Strongsville.
(8) "Commission" means the city Planning Commission.
(9) "Council" means the legislative body of the city.
(10) "Board" means the Board of Zoning Appeals.
(11) "Commissioner" means the Building Commissioner of the city.
(12) "County" means the County of Cuyahoga, Ohio.
(13) "Clerk" means the Clerk of Council.
(14) "Engineer" means the city Engineer.
(15) "Person" means an individual, firm, association, corporation, trust or other legal entity, including his or its agents.
(16) "Developer" means a person commencing proceedings under this Zoning Code to effect the development of land for himself or for another.
(17) "Code" means the Zoning Code of the city.
(18) "Review Board" means the Architectural Review Board of the city.
(c) Specific Terms.
(1) Areas, buildings and land.
A. "Area of buildings" means the area at the ground level of the main building and all accessory buildings, excluding unenclosed porches, terraces and steps, measured from the outside surface of exterior walls.
B. "Area of dwelling unit" means the sum of the gross floor areas above the basement level, including those rooms and closets having the minimum ceiling height, light, ventilation and other features as required by the Building Code and as further defined in Section 1252.04.
C. "Area of lot" means the total horizontal area within the lot boundary lines of a zoning lot.
(2) Automotive uses.
A. "Private garage" means an enclosed building with doors, accessory to a one-family, two-family or townhouse dwelling, used exclusively for the parking or temporary storage of passenger automobiles.
B. "Storage garage" means a main or accessory enclosed building with doors, other than a private garage, used for the parking or temporary storage of passenger automobiles, and in which no service shall be provided for remuneration.
C. "Automotive Service Center" means an establishment for servicing and minor repairs of motor vehicles with a gross vehicle weight of less than 6,000. Minor repair work includes: brake repair and replacement, oil changes, shock absorber, spring, and strut repair and replacement, tire installation, minor tune-ups and engine diagnostics, air conditioning charging, exhaust repair and replacement, and similar minor repairs. Automotive Service Centers may include the sale of minor automobile parts and accessories such as batteries, tires, belts, shock absorbers, brake pads, floor mats, and cleaning materials. This use does not include major repair work such as overhauls, replacement or rebuilds of engines or transmissions, body work or repair, painting, welding, frame work, radiator repair or replacement, or similar services.
D. "Accessory parking area" means an open or enclosed private area, other than a street, used for the free parking of passenger automobiles for occupants, their guests or customers, of a main building.
E. "Public parking area" means an open or enclosed publicly owned area used for passenger automobile parking, with or without a fee.
F. "Sales lot" means an open area used for the display, sale or rental of new or used motor vehicles, on which no repair, except minor work, is performed.
G. "Service station" means a building and land, including pumps, tanks and grease racks, used for the retail sale of gasoline, lubricants, batteries, tires and other automobile accessories, and in or on which minor services and repairs are performed.
H. "Fueling Station" means a building and land, including pumps and fuel tanks, for the retail sale of automotive fuels to the motoring public. Such facilities may include the retail sales of convenience goods and the sale of food and beverages for carry out or on premises consumption.
(Ord. 2014-132. Passed 9-2-14.)
(3) Buildings and structures.
A. "Structure" means that which is constructed on or under the ground or attached or connected thereto, including, but not limited to, buildings, barriers, bridges, bulkheads, chimneys, fences, garages, outdoor seating facilities, parking areas, platforms, pools, poles, streets, tanks, tents, towers, sheds, signs, walls and walks, but excluding trailers and other vehicles, whether on wheels or other supports.
B. "Building" means a structure which is permanently affixed to land, having one or more floors and a roof, bounded by either open space or lot lines and used as a shelter or enclosure for persons, animals or property. The word shall be used synonymously with "structure," unless otherwise noted, and shall be construed as if followed by the words "part or parts thereof."
C. "Main building" means the building occupied by the main use or activity on or intended for the premises, all parts of which building are connected in a substantial manner by common walls and a continuous roof.
D. "Accessory building" means a subordinate building detached from, but located on the same lot as, the main building, the use of which is incidental and accessory to that of the main building or use.
E. "Building line" means a line established by this Zoning Code, generally parallel with and measured from the front lot line, defining the limits of a front yard in which no building or structure may be located above ground except as may be provided in this Code.
F. "Detached building" means a building surrounded by open space.
G. "Basement" means the space of a building where the floor level is more than three feet below the adjoining finished grade.
H. "Land coverage" means that percentage of a lot covered by the main and accessory buildings.
I. “Dish antenna” means a dish shaped, generally parabolic or spherical, structure and its appurtenances designed or used to receive or transmit direct broadcast satellite service, including, but not limited to, direct-to-home satellite services and video programming services via multi-point distribution services.
(4) Dwellings and other living accommodations.
A. "Dwelling unit" means space within a dwelling comprising living, dining, sleeping room or rooms, storage closets, as well as space and equipment for cooking, bathing and toilet facilities, all used by only one family.
B. "Dwelling" means a building designed or occupied exclusively for residential use and permitted accessory uses.
C. "One-family dwelling" means a building consisting of a single dwelling unit only, separated from other dwelling units by open spaces. It may be attached to another one-family dwelling by a common fireproof wall.
D. "Two-family dwelling" means a building consisting of two dwelling units which may be either attached side by side or one above the other, and each unit having either a separate or combined entrance or entrances.
E. "One-family cluster dwelling" means a building consisting of a single dwelling unit only located in a planned arrangement of buildings and adjoining open space areas.
F. "Townhouse" means a multi-family building consisting of one family dwelling units attached by common fireproof walls, each unit having at least two separate exterior entrances.
G. "Apartment" means a multi-family building consisting of three or more dwelling units with varying arrangements of entrances and party walls, with dwelling units arranged one above the other and side by side, each unit having at least one entrance connected to a common interior hall leading to the exterior.
H. "Rooming house" means a building operated for compensation by a resident family, in which a room or rooms are provided for living and sleeping facilities to one or more persons.
I. "Motel" means a building or buildings providing overnight accommodations principally for automobile travelers in which access to each rental unit is provided directly through an exterior door or by an entrance connected to a common interior hall leading to the exterior, within which one unit or suite containing no more than 1,000 square feet of floor area may be used as a residence for a managerial employee.
(Ord. 2001-150. Passed 4-8-02.)
J. “Community-based residential care facility” means a dwelling unit operated, supported and/or monitored by persons other than the residents themselves that may or may not be licensed or certified under the laws of the State of Ohio or Federal government, in which live three or more people, who are unrelated by blood, marriage or adoption, and who need and receive personal assistance and/or supervision in order to live successfully in the community.
(5) Family.
A. "Family" means either one individual, two or more persons related by blood, marriage or adoption, or not more than two persons not related by blood, marriage or adoption, who live together in one dwelling unit and maintain a common household.
(Ord. 2010-096. Passed 6-6-11.)
B. "Roomer" means a person, other than a member of the family as defined above, who rents one or more rooms in a dwelling from the resident family.
(6) Game room or amusement arcade; mechanical amusement device.
A. "Game room or amusement arcade" means a place of business wherein a building or any part of a building has more than two mechanical amusement devices which are used for the purpose of public entertainment through the operation, use or play of any amusement device which is operated by placing therein any coin, plate, disc, plug, key or token of value, or by the payment of a fee.
B. "Mechanical amusement device" means a machine, device or instrument that upon the insertion of a coin, plate, disc, plug, key or token of value, or payment of money, operates or may be operated for use as a game, contest of skill or amusement of any description. Music devices (juke boxes), postage dispensing machines, kiddie ride machines and other penny operated machines are not included in this definition. Use of a building or any part of a building for a mechanical amusement device shall be an accessory use only to main uses permitted in Restaurant-Recreation Districts.
(7) Grades.
A. "Established street grade" means the elevation established by the City at the roadway, center line or curb in front of the lot.
B. "Natural grade" means the elevation of the undisturbed natural surface of the ground prior to any excavation or fill.
C. "Finished grade" means the elevation of the finished surface of the ground adjoining the building after final grading and normal settlement.
(8) Height of building. "Height of building" means the vertical distance measured from the highest point of the coping of a flat roof, or the vertical distance measured from the ridge of a pitched roof to the average finished grade across the face of the building containing its principal entrance.
(9) Home occupations and professional offices.
A. "Home occupation" means a gainful occupation enumerated in Section 1252.03 of this Zoning Code conducted by members of a resident family wholly within a dwelling or in a building accessory thereto.
B. "Home professional office" means a secondary office in a dwelling occupied by a person practicing a profession enumerated in Section 1252.03.
(10) Loading space. "Loading space" means an open or enclosed space, other than a street, used for temporary parking of a commercial vehicle while its goods are being loaded or offloaded.
(11) Lot, parcel and land.
A. "Lot" means a division of land separated from other divisions for purposes of sale, lease or separate use, described on a recorded subdivision plat, on a recorded survey map or by metes and bounds.
B. "Lot of record" means land designated as a separate parcel on a plat map or deed in the records of Cuyahoga County, Ohio.
C. "Zoning lot" means a parcel of land abutting a dedicated street, occupied or intended to be occupied by a main and/or accessory use or a main or accessory building, as a unit, together with such open spaces as required by this Zoning Code. Unless the context clearly indicates the contrary, the term "lot" is used synonymously with "zoning lot" in this Zoning Code and it may or may not coincide with a lot of record.
D. "Corner lot" means a lot abutting on two streets at their intersection, if the interior angle of intersection is not more than 135 degrees.
E. "Interior lot" means a lot other than a corner lot or through lot.
F. "Lot line" means the boundary of a lot separating it from adjoining public, common or private land, including a public street.
G. "Front lot line" means the lot line separating an interior lot from the street upon which it abuts, or the shortest lot line of a corner lot which abuts upon a street. Unless the context clearly indicates the contrary, it shall be construed as synonymous with "street line."
H. "Rear lot line" means a lot line parallel or within forty-five degrees of being parallel to the front lot line.
I. "Side lot line" means a lot line which is neither a front nor a rear lot line.
J. "Lot depth" means the mean horizontal distance of a lot measured between the front and rear lot lines.
K. "Lot width" means the horizontal distance of a lot measured along the building line at right angle to the mean lot depth line. Width at front lot line is measured along the street line.
L. "Private land" means land in a subdivision or development area which shall be adjoining, attached and assigned to a one family, two-family or townhouse dwelling, to be held as an open space in ownership with the dwelling in the subdivision or development area, and which shall be identified on subdivision and development plans submitted to the City.
M. "Common land" means land in a subdivision or development area not owned as private land or occupied by dwellings created for common usage by restrictions, easements, covenants or other conditions running with the land, and which is held for the use and enjoyment by or for the owners or occupants of the dwellings in a subdivision or development area.
N. "Homes association" means an incorporated, nonprofit organization operating under recorded land agreements through which each lot owner of a development area is a member and through which each lot is subject to charges for a proportionate share of the expenses for the organization's activities, such as maintaining the common property.
(12) Maps, plans and plats.
A. "Map" means a drawing showing geographic, topographic or other physical features of the land.
B. "Plan" means a drawing of a proposed design or of work to be performed.
C. "Plat" means a map of a lot, parcel, subdivision or development area on which the lines of each element are shown by accurate distances and bearings.
D. "Comprehensive Plan" means the Plan and statement of the objectives and recommendations for the general location and extent of desirable future land development, community facilities and street plans for the city, duly adopted and officially accepted.
E. "Community Facilities Plan" means the Plan which shows the location and extent of existing and planned parks, playgrounds, public land and buildings and other public facilities for the city, duly adopted and officially accepted, separately or as a part of the Comprehensive Plan.
F. "Major Thoroughfare Plan" means the Plan which shows the general location and extent of existing and planned streets and other transportation facilities for the city, duly adopted and officially accepted separately or as a part of the Comprehensive Plan.
G. "Design plan" means a plan prepared by the city for implementing components of the Comprehensive Plan and may include, but is not limited to, the design, bulk, use, height, location and arrangements of buildings in respect to streets, open spaces, other structures and natural features.
H. "Development area" means the minimum area of land permitted by this Zoning Code to be developed by a single owner or a group of owners, acting jointly, which may consist of a parcel or assembled parcels, and includes a related group of one-family dwellings, townhouses and apartment dwellings planned and developed as an entity under the planned development area procedures.
I. "Preliminary plan" means a drawing prepared by a developer, which may include explanatory exhibits and text, submitted to the designated authority for the purpose of study of a proposed development of land, or a preliminary plan of land use of a development area which, if approved by the designated authority, provides the basis for proceeding with the preparation of the final plan of development or development area.
J. "Final plan" means the final plan prepared by a developer based upon the approved preliminary plan of a proposed development or development area, which consists of detailed drawings, specifications, cost estimates and agreements for the construction of the site improvements and buildings for the proposed development or development area.
(13) Nonconforming building, lot and use.
A. "Nonconforming building" means a building existing lawfully at the time this Zoning Code, or an amendment thereto, became effective, but which does not conform to the area, height or bulk of building, yard or other regulations of the district in which it is located.
B. "Nonconforming lot" means a lot existing lawfully at the time this Zoning Code, or an amendment thereto, became effective, but which does not conform to the lot area, width, access or other requirements of the district in which it is located.
C. "Nonconforming use" means the use of a building or land, existing lawfully at the time this Zoning Code, or an amendment thereto, became effective, but which does not conform to the use regulations, off-street parking and loading requirements, performance standards or other use regulations of the district in which it is located.
(14) Occupancy certificate. "Occupancy certificate" means an official statement certifying that a building, other structure or parcel of land is in compliance with the provisions of all applicable codes, or is a lawfully existing nonconforming building or use and hence may be occupied and used lawfully for the purposes designated thereon.
(15) Performance standard. "Performance standard" means a criterion established to control the dust, smoke, fire and explosive hazards, glare and heat, noise, odor, toxic and noxious matter, vibrations and other conditions created by or inherent in uses of land or buildings.
(16) Sexually oriented business definitions.
A. “Adult arcade” means any place to which the public is permitted or invited where one or more “video booths” and/or “live viewing booths” are available to patrons where the images shown and/or live entertainment presented are characterized by an emphasis on the depiction or description of specified sexual activities or specified anatomical areas.
B. “Adult cabaret” means a nightclub, bar, restaurant, or similar commercial establishment that regularly features:
1. Persons who appear in areas of the establishment open to patrons in a “state of nudity” or “state of semi-nudity” so as to expose to view “specified anatomical areas”; or
2. Any live entertainment, exhibition, performance, or dance by persons whose entertainment, exhibition, performance, or dance is characterized by an emphasis on the depiction or description of “specified anatomical areas” or “specified sexual activities”; or
3. “Adult media”.
C. “Adult media” means magazines, books, photographic reproductions, videotapes, movies, slides, compact discs in any format (e.g., cd-rom, cd-r, cd-rw), digital video discs in any format (e.g., dvd), other devices used to reproduce or record computer images, or other print, video, film, electronic, computer-based, analog, or digital media characterized by an emphasis on matter depicting, describing or related to “specified sexual activities” or “specified anatomical areas”.
D. “Adult media store” means an establishment that rents and/or sells adult media as one of its “principal business purposes”.
E. “Adult motel” means a hotel, motel or similar commercial establishment which:
1. Offers accommodations to the public for any form of consideration; and provides patrons with closed-circuit television transmissions, 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”; and has a sign visible from the public right of way which advertises the availability of this sex-oriented type of photographic reproductions; or
2. Offers a sleeping room for rent for a period of time that is less than ten (10) 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 (10) hours.
F. “Adult motion picture theater” means a commercial establishment occupying a building or portion of a building (including any portion of a building which contains more than 150 square feet) where, for any form of consideration, films, motion pictures, video cassettes, slides or similar photographic reproductions, or other projected images are regularly shown, if such establishment as a prevailing practice excludes minors by virtue of age, regardless of whether the minor is accompanied by a parent or guardian, or if, as a prevailing practice, the films, motion pictures, video cassettes, slides or similar photographic reproductions, or other projected images presented are characterized by an emphasis on the depiction or description of “specified sexual activities” or “specified anatomical areas” for observation by patrons therein.
G. “Adult novelty store” means a business offering goods for sale or rent and that meets any of the following tests:
1. It offers for sale items from any two (2) of the following categories: “adult media”, “sexually-oriented novelties or toys”, “lingerie, leather goods marketed or presented in a context to suggest their use for sadomasochistic practices, and the combination of such items constitutes more than ten percent (10%) of the stock in trade of the business or occupies more than ten percent (10%) of the gross public floor area of the business; or
2. More than five percent (5%) of the stock in trade of the business consists of “sexually-oriented novelties or toys”; or
3. More than five percent (5%) of the gross public floor area of the business is devoted to the display of “sexually-oriented novelties or toys”; or
4. Which advertises or holds itself out in any forum as a sexually oriented business by use of such terms as “sex toys”, “marital aids”, “X-rated”, “XXX”, “adult”, “sex”, “nude” or otherwise advertises or holds itself out as a sexually oriented business.
H. “Adult theater” means a theater, concert hall, auditorium, or similar commercial establishment that regularly features persons who appear in a state of nudity or semi-nudity, live performances which are characterized by an emphasis on the depiction or description of “specified anatomical areas”, “specified sexual activities” or live entertainment of an erotic nature including exotic dancers, strippers, male or female impersonators, or similar entertainment that is characterized by an emphasis on the depiction or description of “specified anatomical areas” or “specified sexual activities”.
I. “Establishment” means and includes any of the following:
1. The opening or commencement of any sexually oriented business as a new business;
2. The conversion of an existing business, whether or not a sexually oriented business, to any sexually oriented business;
3. The addition of another sexually oriented business to any other existing sexually oriented business; or
4. The relocation of any sexually oriented business.
J. “Gross public floor area” means the total area of the building accessible or visible to the public, including showrooms, motion picture theaters, motion picture arcades, service areas, behind-computer areas, storage areas visible from such other areas, restrooms (whether or not labeled “public”), areas used for cabarets or similar shows (including stage areas), plus aisles, hallways, entryways serving such areas.
K. “Nude model studio” means any place where a person who appears semi-nude or who displays specified anatomical areas is provided to be observed, sketched, drawn, painted, sculptured, photographed, or similarly depicted by other persons who pay money or any form of consideration.
Nude model studio shall not include:
1. A proprietary school licensed by the State of Ohio, or a college, junior college or university supported entirely or in part by public taxation.
2. A private college or university that offers educational programs in which credits are transferable to a college, junior college or university supported entirely or partly by taxation; or
3. An establishment holding classes in a structure that has no sign visible from the exterior of the structure and no other advertising that indicates a semi-nude person is available for viewing; where in order to participate in a class a student must enroll at least three days in advance of the class; and where no more than one semi-nude model is on the premises at any one time.
L. “Nudity” or “state of nudity” or “nude” means exposing to view the genitals, pubic area, vulva, perineum, anus, anal cleft or cleavage, or pubic hair with less than a fully opaque covering; exposing to view any portion of the areola of the female breast with less than a fully opaque covering; exposing to view male genitals in a discernibly turgid state, even if entirely covered by an opaque covering; or exposing to view any device, costume, or covering that gives the appearance of or simulates any of these anatomical areas.
M. “Principal business purpose” means that the material containing the depictions and descriptions specified in this subsection 1240.08(16) account for a substantial proportion of the sales, rental, or receipt volume at a commercial establishment and is also intentionally marketed as material of that character by the commercial establishment.
N. “Semi-nudity”or “seminude condition” or “semi-nude” means exposing to view, with less than a fully opaque covering, any portion of the female breast below the top of the areola or any portion of the buttocks. This definition shall include the entire lower portion of the female breast, but shall not include any portion of the cleavage of the female breast exhibited by a dress, blouse, shirt, leotard, bathing suit or other clothing, provided that the areola is not exposed in whole or in part.
O. “Sexual encounter center” means a commercial enterprise that, as one of its principal business purposes, offers for any form of consideration:
1. Physical contact in the form of wrestling or tumbling between persons of the opposite sex; or
2. Activities between male and female persons and/or persons of the same sex when one or more of the persons is semi-nude.
P. “Sexually oriented business” means an adult arcade, adult media store, adult novelty store, adult cabaret, adult motion picture theater, adult theater, nude model studio, or sexual encounter center. “Sexually oriented business” does not include an adult motel as defined above.
Q. “Sexually oriented novelties or toys” means instruments, devices, or paraphernalia either designed as representations of human genital organs or female breasts, or designed or marketed primarily for use to stimulate human genital organs or for use in connection with “specified sexual activities”.
R. “Specified anatomical areas” means:
1. The human male genitals in a discernibly turgid state, even if completely and opaquely covered; or
2. Less than completely and opaquely covered human genitals, pubic region, buttocks or female breast below a point immediately above the top of the areola.
S. “Specified sexual activities” means any of the following:
1. The fondling or other erotic touching of human genitals, pubic region, buttocks, anus, or female breasts;
2. Sex acts, normal or perverted, actual or simulated, including intercourse, oral copulation, masturbation, or sodomy; or
3. Excretory functions as part of or in connection with any of the activities set forth in 1. and 2. above.
T. “Substantial enlargement” of a sexually oriented business means the increase in flood areas occupied by the business by more than twenty-five percent (25%), as the floor areas exist on the date this ordinance takes effect.
(17) Streets. "Street" means a public way for purposes of vehicular travel, including the entire area within the rights of way. The term includes, but is not limited to, avenue, alley, boulevard, drive, highway, road and freeway. Streets shall be classified and further defined as follows:
A. "Freeway" means a divided arterial highway for through traffic to which access from the abutting properties is prohibited and all street crossings are made by grade-separated intersections.
B. "Major arterial street" means a public street which is primarily for moving fast or heavy traffic between large or intensively developed districts.
C. "Industrial street" means a street designed and constructed to serve both truck and bus movements within an industrial area. Abutting property will have free access. On-street parking and loading is prohibited.
D. "Collector street" means a street supplementary to and connecting the major street system to local collector streets, located outside or bounding neighborhoods.
E. "Local collector street" means a street which collects internal traffic movements within a large subdivision or neighborhood and connects such areas with the collector and/or major arterial street system.
F. "Local street" means a street primarily for access to abutting residential properties and to serve local needs.
1. "Cul-de-sac" means a street, one end of which connects with another street and the other end of which is a dead end which allows space for turning of vehicles.
2. "Marginal access street" means a local street providing access to lots which abut or are adjacent to a limited access highway or major street.
G. "Private street" means a street held in private ownership.
H. "Street line" means the street right-of-way line.
I. "Right of way" means all of the land included within an area which is dedicated, reserved by deed or granted by easement for street purposes.
1. "Roadway" means that portion of the right of way available for vehicular travel, including parking lanes.
2. "Tree lawn" means that portion of a right of way lying between the exterior line of the roadway and the outside right-of-way line.
J. "Other rights of way," as follows:
1. "Pedestrian way" means a public or private right of way solely for pedestrian circulation.
2. "Easement" means the right of a person to use common land or private land owned by another for a specific purpose.
(18) Use.
A. "Use" means any purpose for which buildings, other structures or land may be arranged, designed, intended, maintained or occupied, or any activity conducted in a building or other structure or on the land.
B. "Main use" means the principal use of an activity conducted in a building or other structure or on the land.
C. "Accessory use" means a use located on the same zoning lot with the main use of the building, other structure or land, which is subordinate and related to that of a main building or main use.
D. "Conditional use" means an uncommon or infrequent use which may be permitted in specific districts subject to compliance with certain standards and explicit conditions set forth in this Zoning Code and the granting of a conditional use permit.
(19) Variance. "Variance" means a modification of the zoning regulations, permitted in instances where a literal application of the provisions of this Zoning Code would result in unnecessary hardship as a result of some peculiar or unique condition or circumstance pertaining only to the zoning lot in question, in accordance with procedures and standards set forth in Chapter 1248
of this Zoning Code.
(20) Yards.
A. "Yard" means that portion of the open area on a lot extending between a building and the nearest lot line, or between an accessory use of building and the nearest lot line as established in the Zoning Code.
B. "Front yard" means the yard extending from the front wall of the building to the front lot line across the full width of the lot.
C. "Rear yard" means the yard extending from the rear wall of the building to the rear lot line across the full width of the lot.
D. "Side yard" means the yard extending between a side lot line and the nearest wall of the building, and from the front yard to the rear yard; provided, that for a corner lot, the side yard extends from the front yard to the-rear lot line on the street side.
E. "Required yard" means the minimum yard required between a lot line and building line or the line of any parking area or any other use requiring a yard in order to comply with the zoning regulations of the district in which the zoning lot is located. A required yard shall be open and unobstructed from the ground upward except for projections on buildings as permitted in the Zoning Code and except for walks, landscaping and other yard or site features.
Minimum yard distance as specified in various sections of this Code shall mean the distance between the nearest point of a building or parking area which intersects the adjacent lot line at a ninety degree angle.
F. "Court" means an open space other than a yard, bounded on two or more sides by exterior walls of the building, or bounded by exterior walls of a building and lot lines.
(21) Wireless telecommunications.
A. "Collection" means the use of a wireless telecommunications facility by more than one wireless telecommunications provider.
B. "Lattice tower" means a support structure constructed of vertical metal struts and cross braces forming a triangular or square structure which often tapers from the foundation to the top.
C. "Monopole" means a support structure constructed of a single, self-supporting metal tube securely anchored to a foundation.
D. "Telecommunications" means the technology which enables information to be exchanged through the transmission of voice, video, or data signals by means of electrical or electromagnetic systems.
E. "Wireless telecommunications antenna " means the physical device through which electromagnetic, wireless telecommunications signals authorized by the Federal Communications Commission are transmitted or received. Antennas used by amateur radio operators are excluded from this definition.
F. "Wireless telecommunications equipment shelter" means the structure in which the electronic receiving and relay equipment for a wireless telecommunications facility is housed.
G. "Wireless telecommunications facility" means a facility consisting of the equipment and structures involved in receiving telecommunications or radio signals from a mobile radio communications source and transmitting those signals to a central switching computer which connects the mobile unit with the land-based telephone lines.
H. "Wireless telecommunications tower" means a structure intended to support equipment used to transmit and/or receive telecommunications signals including monopoles, guyed and lattice construction steel structures.
(Ord. 2001-150. Passed 4-8-02.)
(22) Self-Storage or Mini Storage Facility. "Self-Storage or Mini Storage Facility" means any real property that is designed and used for the purpose of renting or leasing individual storage spaces in the facility, whether as rooms, lockers, containers, or other indoor and/or outdoor space, to individuals, businesses, or other entities for the purpose of storing possessions.
(Ord. 2016-025. Passed 5-16-16.)
(Ord. 2016-025. Passed 5-16-16.)