1260.06 DEFINITIONS.
   As used in this Zoning Code, the words "individual" or "person" include a firm, association, corporation, trust or any other legal entity, including his or its agents; the word "lot" includes the word "plot" or "parcel;" the word "used" or "occupied," as applied to any land or building, shall be construed to include the words "intended, arranged or designed to be used or occupied;" and the word "building" includes the word "structure." In addition:
(Ord. 66-103. Passed 12-19-66.)
   (1)   Accessory Use or Building. “Accessory use or building” means a subordinate building detached from, but located on the same lot as the permitted principal building, the use of which is incidental and accessory to that of the permitted principal building on land occupied by the permitted principal building.
      (Ord. 2008-7. Passed 2-19-08.)
   (2)   Administrative Officer. "Administrative Officer" means the City Building Inspector who shall enforce the provisions of this Zoning Code.
   (3)   Agriculture. "Agriculture" means the cultivation of land for the production of crops and the keeping of such livestock thereon as is generally customary to farm operations in Erie and Lorain Counties, Ohio, and for these purposes includes the terms agriculture, farming, dairying, pasturage, horticulture, floriculture, viticulture, apiculture and animal and poultry husbandry on a lot of not less than one acre, at least half of which is used for agricultural activity as enumerated, such activities being engaged in to produce in excess of family needs and for the purpose of producing products of agriculture for sale. However, the term "agriculture," as used herein, is not intended to mean or include or at any time authorize or permit the keeping for commercial purposes of mink, pigeons, ferrets, foxes, reptiles, skunk or rats whose chief value lies in the marketableness of the living animals for experimental purpose or for the pelts or clippings or flesh therefrom. The keeping of more than two of any such animals at any one place by anyone shall be held to be keeping the same for commercial purposes in violation of this Zoning Code. The term "agriculture" shall include the processing and storage of the products of the farm and sale on the farm where produced of such products in their natural or processed form with the necessary ingredients and containers.
   (4)   Airport or Aircraft Landing Field. "Airport or aircraft landing field" means any landing area, runway or other facility designed, used or intended to be used, either publicly, privately or by any person, for the landing or taking off of any type of aircraft, whether powered by motors, jet air or other means, including all necessary taxiways, aircraft storage, tie-down areas, hangars, passenger stations, machine shops, stores, restaurants and other accessory buildings and open spaces and any operation created as a result of the use of aircraft in the immediate area. Only those portions of Lake Erie which are specifically set aside or developed for use of water-based aircraft, together with the appurtenances customarily incident thereto, shall be construed as an airport or aircraft landing field.
   (5)   Alley. "Alley" means any road or public way providing a secondary means of access to abutting properties, or any road or public way of twenty feet or less in width.
   (6)   Alteration, Minor. "Minor alteration" means customary repairs and replacements of parts of a building or structure as may be required for normal maintenance or for the safety of the building, except those changes defined as structural alterations.
   (7)   Alteration, Structural. "Structural alteration" means any change or replacement of the supporting members of a building such as bearing walls, columns, beams, girders, exit facilities or an enlargement, whether by extending on a side, by increasing in height or the moving from one location to another.
   (8)   Apartment House or Apartment Building. "Apartment house or apartment building" means a building arranged, intended or designed to be occupied by three or more families living independently of each other.
   (9)   Area, Building. "Building area" means the total of areas taken on a horizontal plane at the main grade level of the principal building and all accessory buildings, exclusive of porches, terraces and steps.
   (10)   Area, Lot. "Lot area" means the total land area within the property lines of any parcel of land excluding streets, alleys, other public ways, lakes, rivers or streams. However, not more than twenty-five percent of any required lot area may be water area.
   (11)   Auto Court. "Auto court" means the same as "motel."
   (12)   Automobile Repair, Major. "Major automobile repair" includes the general repair, rebuilding or reconditioning of engines, motor vehicles, tractor trailers or trucks over one and one-half tons rated capacity; collision service, including body repair and frame straightening; painting; upholstering; vehicle steam cleaning; and undercoating.
   (13)   Automobile Repair, Minor. "Minor automobile repair" includes minor repairs, incidental replacement of parts and motor service to passenger vehicles and trucks not over one and one-half tons rated capacity, but not including any operation specified under "Automobile Repair, Major."
   (14)   Automobile Service Station; Gasoline Station. "Automobile service station" or "gasoline station" means any premises primarily used for supplying gasoline and oil at retail, directly to the consumer, including minor accessories and minor services for automobiles.
   (15)   Automobile Wrecking. "Automobile wrecking" means the dismantling or wrecking of used motor vehicles or trailers, or the storage, sale or dumping of dismantled, partially dismantled, obsolete or wrecked vehicles or their parts or old farm machinery or its parts. (Ord. 66-103. Passed 12-19-66.)
   (16)   New Automobile Sales. "New automobile sales" means the sale or rental of new automobiles as part of a new automobile dealership.
      (Ord. 2009-9. Passed 4-6-09.)
   (17)   Basement. "Basement" means a story partly underground but having at least one-half of its height below the average level of the adjoining ground. A basement shall be counted as a story for the purposes of height measurement if the vertical distance between the ceiling and the average level of the adjoining ground is more than five feet, or if used for business or dwelling purposes.
      (Ord. 66-103. Passed 12-19-66.)
   (17A)   Bed and Breakfast. "Bed and breakfast" means a building in which lodging and meals are offered to the public for compensation and for which all of the following are satisfied:
A.   The building contains no more than four guest rooms, each of which may be occupied by no more than two adults.
B.   Ingress to and egress from all guest rooms is through an inside lobby, office or common area.
C.   The building is operated by the resident owner/lessee of the property and/or such owner's family or resident designee.
D.   Breakfast and/or other meals are provided only to guest room occupants and not to the general public.
E.   Only one non-illuminated sign, not to exceed six square feet, identifying the nature of the building, is on the property, and such sign does not contain the words "hotel", "motel", "boarding house", "room" or "rooms".
F.   Other than the single permitted sign, there is no exterior expression of the bed and breakfast use of the building that is not a common exterior expression of the residence types within the district in which such building is located.
G.   No more than one bed and breakfast shall be permitted within any block. (Ord. 98-27. Passed 5-4-98.)
   (18)   Billboard or Signboard. "Billboard or signboard" means any sign situated on private premises with an area greater than thirty-two square feet on which the written or pictorial information is not directly related to the principal use of the land on which such sign is located.
   (19)   Boarding House. "Boarding house" means a building other than a hotel where, for compensation and by arrangement, meals or lodging and meals are provided for three or more persons, but not exceeding nine persons.
   (20)   Boat Liveries and Marinas. "Boat liveries and marinas" means any establishment offering the sale or rental of any boat, watercraft or marine equipment and the servicing, repair or storage of the same.
   (21)   Building. "Building" means any structure having a roof supported by columns or by walls and intended for shelter, housing or enclosure of persons, animals or chattels.
   (22)   Building, Front Line of. "Front line of building" means the line of that face of the building nearest the street line of the lot. This face includes sun parlors and covered porches but does not include steps.
      (Ord. 66-103. Passed 12-19-66.)
   (23)   Building, Height of. “Height of Building” means the vertical difference from the grade plane to the average height of the highest roof surface.
      (Ord. 2007-52. Passed 8-6-07.)
   (24)   Building Line. "Building line" means the line between which and the public right-of-way line, no building or other structure or portion thereof may be erected, except as provided in this Zoning Code.
      (Ord. 73-48. Passed 6-4-73.)
   (25)   Building Permit. "Building permit" means a written approval by the Administrative Officer or his agent authorizing the use, construction, alteration or repair of land or a building or structure at a specific location and under definite regulations which the owner of the property, building or structure and/or the contractor or builder of the same agrees to follow exactly.
   (26)   Building, Principal. "Principal building" means a building in which is conducted the main or principal use of the lot on which such building is situated. (Ord. 66-103. Passed 12-19-66.)
   (27)   Building, Utility. "Utility building" means a building or structure constructed for the purpose of storage.
      (Ord. 73-67. Passed 7-23-73.)
   (28)   Camp. "Camp" means any parcel of land or water on which are located two or more cabins, tents, trailers, shelters, houseboats or other accommodations of a design or character suitable for seasonable or other temporary living purposes, regardless of whether such structures or other accommodations actually are occupied seasonally or otherwise. "Camp" does not include a hospital, place of detention or school offering general instruction.
   (29)   Camp, Day. "Day camp" means any parcel of land, including any building thereon, used for any assembly of persons for what is commonly known as "day camp" purposes, and any of the foregoing establishments whether or not conducted for profit and whether or not occupied by adults or by children either as individuals, families or groups. "Day camp" does not include a hospital, place of detention or school offering general instruction.
      (Ord. 66-103. Passed 12-19-66.)
   (30)   Carport. "Carport" means an unenclosed storage place for motor vehicles which is either attached or detached to the main building or structure.
      (Ord. 73-67. Passed 7-23-73.)
   (31)   Certificate of Occupancy. "Certificate of occupancy" means a statement signed by the Administrative Officer setting forth either that a building or structure complies with this Zoning Code or that a building, structure or parcel of land may lawfully be employed for specified uses, or both.
   (32)   Clinic. "Clinic" means an establishment where patients who are not lodged overnight are admitted for examination and treatment by a group of physicians.
   (33)   Club. "Club" means a building or portion thereof, or premises owned or operated by a corporation, association, person or persons for a social, educational or recreational purpose, but not primarily for profit or to render a service which is customarily carried on as a business.
   (34)   Commercial Entertainment Facilities. "Commercial entertainment facilities" means any activity conducted for gain which is generally related to the entertainment field, such as motion picture theaters, carnivals, night clubs and similar entertainment activities.
   (35)   Commercial Recreational Facilities. "Commercial recreational facilities" means any activity conducted for gain which is generally related to recreation, such as bowling alleys, roller skating rinks, miniature golf, golf driving ranges, commercial swimming pools and similar recreational activities.
   (36)   Country Club. "Country club" means any property operated either for profit or for the benefit of a defined membership and offering facilities for outdoor recreation, including, but not limited to, golf, tennis, swimming and archery and the provision of meals or entertainment.
   (37)   Common Land. "Common land" means land in a development area not owned as private land or occupied by dwellings, and which is held for the use and benefit in common by or for the owners or occupants of the dwellings in the subdivision, and including interests and rights in private land in such development area which are created for common usage by deed restrictions, easements, covenants or other conditions running with the land.
   (38)   Court. "Court" means an open, unoccupied space other than a yard, on the same lot with a building, unobstructed from the ground to the sky and bounded on two or more sides by the exterior walls of a building or by exterior walls and lot lines.
   (39)   Court, Inner. "Inner court" means a court no part of which extends to a street or alley or to a front or rear yard.
   (40)   Court, Outer. "Outer court" means a court a part of which extends to a street or alley or to a front or rear yard.
   (41)   Court, Width of. "Width of court" means the least horizontal dimension of a court at its lowest level.
   (42)   Cluster Subdivision. "Cluster subdivision" means a special type of residential subdivision in which lot sizes and other requirements may be reduced without raising the population density of the district in which it is located through the provision of common open spaces and land for recreational use.
   (43)   Curb. "Curb" means a vertical or near-vertical member along the edge of a pavement to form part of a gutter.
   (44)   Curb or Grade Level. "Curb or grade level" means the elevation of the top of the curb or the established curb grade opposite the center of the building or portion thereof under consideration. Where no curb level has been established, the elevation of the ground of the center of the traveled portion of the street in front thereof shall be considered the equivalent of the curb level and where the building does not adjoin the street, the average elevation of the proposed grade line of the ground immediately adjacent to the building as shown on the building plans shall be considered as the curb level.
   (45)   District. "District" means any section of the Municipality for which uniform zoning regulations as herein provided govern the use of land, structures and premises, the permitted height and area of structures, and the area or open spaces about buildings and structures.
   (46)   Dwelling. "Dwelling" means a building designed or used as living quarters for one or more families. The word "dwelling" includes houseboats and trailers.
   (47)   Dwelling, Multiple. "Multiple dwelling" means a dwelling designed or occupied other than as a one or two-family dwelling and includes apartment houses, row houses, garden apartments and all other family dwellings of similar character, where apartments or suites are designed for use as separate complete living units, but excludes hotels, motels or apartment hotels.
   (48)   Dwelling, Single-Family. "Single-family dwelling" means a separate detached building designed for and occupied exclusively as a residence by one family.
   (49)   Dwelling, Two-Family. "Two-family dwelling" means a separate detached building designed for or occupied exclusively as a residence by two families.
      (Ord. 66-103. Passed 12-19-66.)
   (50)   Dwelling Unit. "Dwelling unit" means space, within a building, comprising a living, dining and sleeping room or rooms, storage closets, and space and equipment for cooking, bathing and toilet facilities, all used by only one family.
      (Ord. 74-24. Passed 4-1-74.)
   (51)   Essential Services. "Essential services" means the erection, construction, alteration or maintenance by public utilities or governmental agencies of underground or overhead gas, electrical, steam or water transmission or distribution systems, or collection, communication, supply or disposal systems, including poles, wires, main drains, sewers, pipes, conduit cables, fire alarm boxes, police call boxes, traffic signals, hydrants and other similar equipment and accessories in connection therewith, reasonably necessary for the furnishing of adequate service by such public utilities or municipal or other governmental agencies, or for the public health, safety or general welfare, but not including buildings.
   (52)   Family. "Family" means an individual living upon the premises as a separate housekeeping unit, or a group of individuals living together upon the premises as a single housekeeping unit in a domestic relationship based on birth, marriage or other domestic bond.
(Ord. 66-103. Passed 12-19-66.)
   (53)   Fence. “Fence” means any structure composed of wood, metal, stone, plastic, concrete, or other permanent material erected in such a manner and positioned as to enclose or partially enclose any lot or any part of any lot. However, hedges, retaining walls, and radio controlled fences and structures erected other than on lot lines or within five feet of lot lines that have solely an ornamental purpose and that do not in fact serve the purpose of enclosing or partially enclosing a lot or separating a lot from an adjoining lot, shall not be included within the definition of the word “fence.”
   (54)   Fence, Solid. “Solid fence” means a fence designed to inhibit public view and provide seclusion and, when viewed at right angles, that has more than 50 percent of its vertical surface area closed to light and air.
      (Ord. 2005-29. Passed 7-18-05.)
   (55)   Garage. "Garage" means a building, structure or any portion thereof used for the housing or repairing of motor vehicles, excluding rooms for storing, exhibiting or showing new or used cars for sale.
   (56)   Garage, Community. "Community garage" means a group of private garages, one story in height, arranged in a row or surrounding a common means of access and erected for the use of adjacent property owners who have no private garage on their individual lots.
   (57)   Garage, Private. "Private garage" means a building or structure intended primarily for the housing of motor vehicles belonging to the occupants of the premises.
   (58)   Garage, Public. "Public garage" means any garage not included within the definition of a "private garage" or a "community garage."
      (Ord. 66-103. Passed 12-19-66.)
   (59)   Garage, Detached. "Detached garage" means an enclosed building or structure, used for the storage of motor vehicles, which is not attached to the main building or structure. (Ord. 73-67. Passed 7-23-73.)
   (60)   Hard-surface. "Hard-surface" means any type of pervious or impervious surface used for the purpose of conveyance; i.e.; sidewalks, driveways and parking lots, and including the following: impervious concrete, impervious asphalt, pervious concrete, porous asphalt, bricks, pavers, porous glass paving, cobblestones, turf reinforcing grids, open paving, and any other suitable material approved by the City Engineer. Hard-surface shall not include loose stone, loose gravel, pieces of broken material or dirt. (Ord. 2011-85. Passed 11-21-11.)
   (61)   Home, Convalescent Homes for Aged, Children's Nurseries or Rest Homes. "Home, convalescent homes for aged, children's nurseries or rest homes" means a building used for the care of the semisick, aged, pensioners, babies and children, except those for correctional or mental cases.
      (Ord. 66-103. Passed 12-19-66.)
   (62)   Home Occupation. "Home occupation" means "customary home occupation," as defined in Section 1271.01.
      (Ord. 99-45. Passed 9-22-99.)
   (63)   Hospital. "Hospital" means a building in which is maintained an establishment for medical or surgical care of bed patients for a continuous period longer than twenty-four hours, which is open to the general public twenty-four hours each day, has separate facilities for emergency care and which has on duty at least one registered nurse twenty-four hours each day.
   (64)   Hotel. "Hotel" means a building in which lodging or boarding and lodging are provided and offered to the public for compensation and in which egress and ingress to and from all rooms is made through an inside lobby or office supervised by a person in charge at all hours. As such, it is open to the public in contradistinction to a boarding house or an apartment house which are herein separately defined.
   (65)   House Trailer. "House trailer" means any self-propelled or nonself-propelled vehicle so designed, constructed, reconstructed or added to by means of accessories in such a manner as will permit the use and occupancy thereof for human habitation whether resting on wheels, jacks or other temporary or permanent foundation and used or so constructed as to permit its being used as a conveyance upon the public streets or highways.
   (66)   House Trailer Park. "House trailer park" means any site, lot, field or tract upon which one or more house trailers used for habitation are parked either free of charge or for revenue purposes, and shall include any roadway, building, structure, vehicle or enclosure used or intended for use as part of the facilities of such house trailer park.
   (67)   Institution. "Institution" means a building or premises occupied by a nonprofit corporation or a nonprofit establishment for public use.
   (68)   Junk. "Junk" means any worn out, cast off or discarded article or material which is or may be salvaged for re-use, resale, reduction or similar disposition, or which is possessed, transported, owned, collected, accumulated, dismantled or assorted for the aforesaid purposes. Any article or material which, unaltered or unchanged and without further reconditioning, can be used for its original purpose as readily as when new shall not be considered "junk."
   (69)   Junk Buildings, Shops, Yards. "Junk buildings, junk shops, junk yards" means any land, property, structure, building or combination of the same on which junk is stored or processed.
      (Ord. 66-103. Passed 12-19-66.)
   (70)   Kennel. "Kennel" means any parcel of land or portion thereof on which five or more dogs, six months old or older, are kept for any purpose. Any kennels that currently exist must come into compliance with these Codified Ordinances by January 1, 200.
      (Ord. 99-1. Passed 3-15-99.)
   (71)   Lot. "Lot" means a parcel of land which abuts a public street intended for occupancy by one main use or by one main building with its accessory buildings and uses, including such open spaces as are arranged or designed to be used in connection with such buildings. A "lot" may be a unit of land described by metes and bounds.
      (Ord. 73-48. Passed 6-4-73.)
   (72)   Lot, Corner. "Corner lot" means a lot situated at the junction of two or more streets.
   (73)   Lot Depth. "Lot depth" means the mean horizontal distance between the front and rear lot line or, in the event there is no rear lot line, the mean horizontal distance from the front lot line to the intersection of the two side lines.
   (74)   Lot, Interior. "Interior lot" means a lot the side lines of which do not abut on a street.
   (75)   Lot, Double Frontage or Through. "Double frontage lot or through lot" means an interior lot having frontage on two streets.
   (76)   Lot Lines. "Lot lines" mean the property lines between two established parcels of land or one parcel and public property.
      (Ord. 66-103. Passed 12-19-66.)
   (77)   Lot Width. "Lot width" means the shortest distance between side lines of a lot measured at minimum depth of the front yard requirements.
      (Ord. 73-48. Passed 6-4-73.)
   (78)   Mixed Occupancy. "Mixed occupancy" means occupancy of a building or land for more than one use.
   (79)   Motel. "Motel" means a building or group of buildings on the same lot, whether detached or in connected rows, containing sleeping or dwelling units which may or may not be independently accessible from the outside, with garage or parking space located on the lot and designed for or occupied by transient guests. The term shall include any buildings or building groups designated as "motor hotels," "motor lodges," "motor inns," "auto courts" or by any other title intended to identify them as providing lodging, with or without meals, for compensation.
   (80)   Nonconforming Use. "Nonconforming use" means the use of land or a building or portion thereof which does not conform with the provisions of this Zoning Code for the district in which it is situated.
   (81)   Nursery School. "Nursery school" means a school designed to provide daytime care or instruction for two or more children from two to five years of age, inclusive, and operated on a regular basis.
   (82)   Nursing Home. "Nursing home" means a building and premises used to provide meals and resident care and services for persons who are generally admitted for periods of time exceeding thirty days. Such service includes custodial or attendant care, but may or may not provide for routine and regular medical services. Nursing homes include homes for the aged and convalescent and rest homes.
   (83)   Off-Street. "Off-street" means off of the right of way of a public street or place.
   (84)   Open Space. "Open space" means an unoccupied space open to the sky on the same lot with a building.
   (85)   Parking Space. "Parking space" means an off-street space available for the parking of one motor vehicle and having an area of not less than 200 square feet, exclusive of passageways and driveways appurtenant thereto and giving access thereto, and having direct access to a street or alley. In single-family residential districts, the driveways may be considered the parking space.
   (86)   Porch. "Porch" means a roofed, open structure projecting from the front, side or rear wall of a building, having no enclosed features of glass, wood or other material more than thirty inches above the floor thereof, except the necessary columns to support the roof.
   (87)   Profession. "Profession" means an occupation which is licensed or registered by the State of Ohio.
   (88)   Professional Person. "Professional person" means a person who is licensed or registered by the State of Ohio to practice his occupation in this State.
   (89)   Public Uses. "Public uses" means parks, schools or administrative, cultural and service buildings owned and operated by a political subdivision, not including public lands or buildings devoted solely to the storage and maintenance of equipment and material.
   (90)   Public Utility or Public Service Facility. "Public utility" or "public service facility" means any person, firm, corporation, municipal department or board duly authorized to furnish, and furnishing under Federal, State or municipal regulations, to the public, electricity, gas, steam, communications, telegraph, transportation, public water or public sewage collection, treatment or disposal services.
   (91)   Semipublic Uses. "Semipublic uses" means churches, Sunday schools, parochial schools, colleges, hospitals and other institutions of an educational, religious, charitable or philanthropic nature.
   (92)   Setback. "Setback" means the minimum distance from the street line to the building line measured along a line perpendicular to the street line or front property line, or, in the case of an arc street, measured along the radius of such arc. For lots abutting on a thoroughfare shown on the Official Thorofare Plan of the City, the setback shall be measured from the proposed right-of-way line specified for that thoroughfare on the Plan.
   (93)   Sign. "Sign" means a structure or part thereof, or any device attached to or painted directly or indirectly on a structure or parcel of land, and which shall display or include any letter, model, banner, pennant, insignia, device or other representation to direct attention to a person, institution, organization, activity, place, object, product or business. A "sign" shall include any "billboard," but does not include the flag, pennant or insignia of any nation or group of nations, or of any state, city or other political unit, or of any educational, charitable, civic, religious or like campaign or event. The area of any sign containing two parallel surfaces which are separated not more than one foot shall be construed to be the area of one side only.
   (94)   Special Animal Raising. "Special animal raising" means raising any animals prohibited in paragraph (3) hereof or any animal greater than sufficient for consumption or use on the premises.
   (95)   Stable. "Stable" means any building or structure or portion thereof which is used for the shelter or care of horses or other similar animals, either permanently or transiently.
   (96)   Stable, Private. "Private stable" means a structure with a total capacity for not more than four animals.
   (97)   Stable, Public. "Public stable" means a structure with a capacity for more than four animals.
   (98)   Story. "Story" means that portion of a building, other than a basement, included 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 the floor and the ceiling next above it.
   (99)   Story, Half. "Half story" means a story under a gabled, hipped or gambrel roof, the wall plates of which, on at least two opposite exterior walls, are not more than two feet above the finished floor of such story.
   (100)   Street. "Street" means a roadway or public way of more than twenty feet in width and dedicated to public use. (Ord. 66-103. Passed 12-19-66.)
   (101)   Street, Public. "Public street" means a right of way or public way a minimum of fifty feet in width and dedicated to public use.
      (Ord. 73-48. Passed 6-4-73.)
   (102)   Structure. "Structure" means anything constructed or erected, other than a building, the use of which requires permanent location on the ground or on water, or which is attached to something having a permanent location on the ground or on water, including, but not limited to, advertising signs, billboards, backstops for tennis courts and pergolas.
   (103)   Telephone Exchange Building. "Telephone exchange building" means a building having equipment used or to be used for the purpose of facilitating transmission and exchange of telephone messages between subscribers and for other business of the telephone company. In a residence district, the term shall not include public business facilities, storage of plant materials or spare parts other than those carried for the particular building, equipment, trucks, repair facilities or housing or quarters for installation, repair or trouble crews. (Ord. 66-103. Passed 12-19-66.)
   (104)   Temporary Structure. “Temporary structure” means any structure that is easily placed, erected, or removed upon any property for a limited time period.
      (Ord. 2005-3. Passed 2-28-05.)
   (105)   Terrace. "Terrace" means a natural or artificial embankment between a building and its lot lines.
   (106)   Terrace, Height of. "Height of terrace" means the difference in elevation between the curb level and the top of the terrace at the center of the building wall.
   (107)   Theater, Outdoor Drive-In. "Outdoor drive-in theater" means an open lot or part thereof, with its appurtenant facilities, devoted primarily to the showing of moving pictures or theatrical productions on a paid admission basis, to patrons seated in automobiles or outdoor seats.
   (108)   Theater, Moving Picture. "Moving picture theater" means a building or part of a building devoted to the showing of moving pictures on a paid admission basis.
   (109)   Tourist Home. "Tourist home" means a dwelling in which overnight accommodations are provided or offered to transient guests for compensation.
      (Ord. 66-103. Passed 12-19-66.)
   (110)   Townhouse. "Townhouse" means a dwelling unit with a ground floor and attached to a series of other such dwelling units by common walls. The series of attached townhouses shall be considered a multifamily building and the building as a whole shall meet all yard requirements.
      (Ord. 74-25. Passed 4-1-74.)
   (111)   Use. "Use" means 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. The term "permitted use" or its equivalent shall not be deemed to include any nonconforming use.
   (112)   Use, Conditional. "Conditional use" means a use permitted within certain zoning districts, of such a nature that the City has reserved the right to approve its exact location, subject to such conditions as are stated in this Zoning Code and to any special conditions imposed by the Board of Zoning Appeals to protect other uses and properties in the neighborhood.
   (113)   Variance. "Variance" means a modification of the terms of this Zoning Code, where such variance will not be contrary to the public interest and where, owing to conditions peculiar to the property and not the result of the actions of the applicant, a literal enforcement of this Zoning Code would result in unnecessary and undue hardship. As used in this Zoning Code, a variance is authorized only for height, area and size of a structure or size of yards and open spaces. The establishment of a use otherwise prohibited shall not be allowed by variance, nor shall a variance be granted because of the presence of nonconformities in the zoning district or adjoining zoning districts.
   (114)   Yard. "Yard" means an open, unoccupied space, other than a court, on the same lot with a building, unobstructed from the ground to the sky, except as otherwise provided herein.
      (Ord. 66-103. Passed 12-19-66.)
   (115)   Yard, Front. "Front yard" means a yard extending across the front of a lot between the side lot lines and being the minimum horizontal distance between the street right-of-way line and the main building or any projection thereof, other than the projections of uncovered steps, uncovered balconies or an uncovered porch. On corner lots having a frontage on two intersecting streets, the property shall contain the required front yard on both streets.
   (116)   Yard, Rear. "Rear yard" means a yard extending across the full width of a lot between the rear lot line and the rear of the main building or any projection thereof, other than the projections of uncovered steps, balconies or unenclosed porches.
   For the purpose of designation of the rear yard on a corner lot, the rear yard shall be the area between the property line that is farthest from, and parallel to, the right-of-way line of the more important street as determined by the Administrative Officer, and the main building or any projection thereof, other than the projections of uncovered steps, unenclosed balconies or an unenclosed porches.
      (Ord. 99-58. Passed 12-6-99.)
   (117)   Yard, Side. "Side yard" means a yard between the side line of a building and the adjacent side line of the lot extending from the front yard to the rear yard. If there is no front yard, the side yard shall be considered as extending to the front line of the lot, and if there is no rear yard, the side yard shall be considered as extending to the rear line of the lot.
      (Ord. 66-103. Passed 12-19-66.)
   (118)   Used Automobile Sales. “Used Automobile Sales” means the sale of previously owned automobiles.
      (Ord. 2010-21. Passed 4-19-10.)