§ 154.002  DEFINITIONS.
   For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
   ACCESSORY USE OR STRUCTURE.  A subordinate use or structure customarily incidental to the main use or structure. Such accessory use or structure shall be located on the same lot occupied by the main use or building, with the exception of those specific instances listed in this chapter.  An ACCESSORY USE may include parking areas, driveways, and other required facilities.
   ADULT ARCADE.  Any place to which the public is permitted or invited wherein coin-operated or token-operated or electronically, electrically, or mechanically controlled still or motion picture machines, projectors, or other image-producing devices are maintained to show images to five or fewer persons per machine at any one time, and where the images so displayed are distinguished or characterized by the depicting or describing of SPECIFIED SEXUAL ACTIVITIES or SPECIFIED ANATOMICAL AREAS.
   ADULT BOOKSTORE or ADULT VIDEO STORE.  A commercial establishment which as one of its principal business purposes offers for sale or rental for any form of consideration any one or more of the following:
      (1)   Books, magazines, periodicals, video cassettes or video reproductions which depict or describe "specified sexual activities" or “specified anatomical areas" or
      (2)   Instruments, devices, or paraphernalia, other than medical or contraceptive devices, which are designed for use in connection with "specified sexual activities".
   ADULT CABARET.  A nightclub, bar, restaurant, or similar commercial establishment which regularly features:
      (1)   Persons who appear in a "state of nudity".
      (2)   Live performances which are characterized by the exposure of "specified anatomical areas" or by "specified sexual activities".
      (3)   Films, motion pictures, video cassettes, slides, or other photographic reproductions which are characterized by the depiction or description of "specified sexual activities" or "specified anatomical areas".
   ADULT CARE FACILITY.  Living facilities, licensed by the state, for adults who depend in some fashion upon the provision of personal care services to complete activities of daily living including grooming, bathing, dressing, food preparation, etc., and/or skilled nursing care including physical therapy, is provided on a continuous basis.  The term ADULT CARE FACILITY includes assisted living facilities, and nursing homes.
   ADULT DAY CARE CENTER.  A facility providing care for elderly and/or functionally impaired adults in a protective setting for a portion of a 24-hour day.
   ADULT MOTION PICTURE THEATER.  A commercial establishment where, for any form of consideration, films, motion pictures, video cassettes, slides, or other photographic reproductions are regularly shown which are characterized by the depiction or description of "specified sexual activities" or "specified anatomical areas".
   ADULT THEATER.  A theater, concert hall, auditorium, or similar commercial establishment which regularly features persons who appear in a "state of nudity" or live performances which are characterized by the exposure of "specified sexual activities" or "specified anatomical areas".
   AGRICULTURE.  The use of land for agricultural purposes, included farming, dairying, pasturage, apiculture, horticulture, forestry, floriculture, viticulture, and animal and poultry husbandry, and the necessary accessory uses for packing, treating or storing the produce, provided that the operation of such accessory use shall be secondary to that of the normal agricultural activities, and provided that the above uses shall not include the commercial feeding of garbage or offal to swine and other animals.  A use shall be classified as agricultural only if agriculture is the principal or main use of the land.
   AIRPORT ADMINISTRATIVE AUTHORITY. That agency or persons designated by the legislative authority of the city to have jurisdiction over the operation of the Wadsworth Municipal Airport.
   AIRPORT HAZARD.  Any structure or object of natural growth, or use of land within an airport hazard area which obstructs the air space required for the flight of aircraft in landing or taking off at any airport, or is otherwise hazardous to such landing or taking off of aircraft.
   ALLEY.  A public way which affords only a secondary means of access to abutting property.
   ALTERATION.  As applied to a building or structure, means a change or rearrangement in the structural parts or in the exterior 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.
   APARTMENT.  A dwelling unit in a multi- family structure which is intended for occupancy as a single family residence.
   APARTMENT HOUSE.  A building composed of three or more dwelling units.
   APPEAL.  An appeal to the Board of Zoning Appeals under §§ 154.560 through 154.570.
   APPLICATION.  Refers to any application provided for in this chapter.
   AUTOMATIC AUTOMOBILE LAUNDRY.  An auto laundry having more than one stall or of the "production line" type.
   AUTOMOBILE WRECKING YARD.  The use of more than 25 square feet of any land, building or structure used for the purpose of wrecking, dismantling or storage and dismantling of any discarded motor vehicle which is being salvaged for parts or scrap for recycling for either private or commercial purposes.
   AWNING.  Any structure with a frame, attached to a building and projecting over a sidewalk, when the same is so erected as to permit its being raised to a position flat against the building when not in use.
   BASEMENT.  A story having more than ½ of its height below average finished grade. A basement shall not be counted as a story for the purpose of height regulations.
   BASEMENT HOUSE.  A basement, without another story above, in which there are cooking facilities and sleeping quarters.
   BED AND BREAKFAST.  A residence where rooms are rented and breakfast is served to non local overnight guests.  Rooms may not be rented for more than five consecutive days to any one guest.
   BILLBOARD.  See OUTDOOR ADVERTISING DISPLAY.
   BOARD OF ZONING APPEALS.  The Board of Zoning Appeals of the city as established pursuant to the ordinances of the city.
   BOARDING HOUSE.  A building where, for compensation, lodging and meals are provided for at least three but not more than 20 persons.
   BREEZEWAY.  A structure for the principal purpose of connecting the main building on a property with other main or accessory buildings. Such structures may not be more than 16 feet high maximum at the ridge. It may be either enclosed or left open.
   BUILDING.  Any structure used for the support, enclosure, shelter, or protection of persons, animals, chattels or property.  Includes the words "or portion thereof."
   BUILDING COVERAGE.  The land area covered by all buildings on a lot including all projections except eaves.
   BUILDING ENVELOPE.  The area within the lines defining the minimum front, side, and rear yard and maximum building height requirements outside of which no building or structure may be located, except as otherwise provided herein.  See also, BUILDING LINES.
   BUILDING LINES.  The line defining the minimum front, side, and rear yard requirements outside of which no building or structure may be located, except as otherwise provided herein. See also, BUILDING ENVELOPE.
   BUILDING, PRINCIPAL.  The building or buildings on a lot used to accommodate the primary use to which the premises are devoted.
   BUILDING SIGNS.  A sign which identifies the business or profession conducted or the principal products sold upon the premises.
   CAMPER.  Shall have the same definition as TRAVEL TRAILER.
   CANOPY.  A noncollapsible structure parking space not completely enclosed by walls or doors. A canopy shall be subject to all the provisions prescribed in these regulations for a private garage.
   CARPORT.  A covered automobile parking space not completely enclosed by walls or doors. A carport shall be subject to all the provisions prescribed in these regulations for a private garage.
   CENTRALIZED WATER SYSTEM.  A system where individual lots are connected to a common water distribution system whether publicly or privately owned and operated.
   CERTIFICATE OF OCCUPANCY.  Official authorization to occupy premises, affirming that the use and conditions of a new building or an existing building undergoing change are consistent with the zoning ordinance of the city. No property can be occupied unless a certificate of occupancy is issued or if the certificate is revoked.
   CHURCH.  Includes chapels, temples, and synagogues. A building used as a place for the public exercise of religion, including facilities for associated social or charitable functions, such as day care centers or nursery schools.
   CLINIC.  Any building or other structure devoted to the diagnosis, treatment, and care of human outpatients.
   CLUSTER DEVELOPMENT, RESIDENTIAL. A residential land development design technique that concentrates building sites and lots on a specific portion of the total development site, leaving the remaining property to be left undeveloped for recreational, agriculture and other common open space uses. Cluster developments may also be used to preserve environmentally or historically sensitive lands and features from development. The density of a cluster development is determined for the entire development parcel rather than on a lot- by-lot basis. CLUSTER DEVELOPMENTS may also be referred to as CLUSTER ZONING. See also CLUSTER HOUSING and PLANNED UNIT RESIDENTIAL DEVELOPMENT.
   CLUSTER HOUSING. A residential land development pattern, typically used in cluster developments and planned unit developments, whereby land is subdivided into not more than the number of building lots that would be permitted by the underlying zoning district; however, the size and dimensions of each individual building lot are reduced from what is required in a standard subdivision in order to create common open space. Examples of cluster housing include: attached and detached single-family homes and townhouses; zero-lot-line homes on individual (fee-simple) lots and condominiums. See also CLUSTER DEVELOPMENT, RESIDENTIAL and CLUSTER LOT, RESIDENTIAL.
   CLUSTER LOT, RESIDENTIAL. A lot for a residential dwelling that is located in a residential cluster development. Such lots are bounded on at least one side by common open space and are fronted on and accessed by private streets. The dimensions and area of individual lots are reduced from what is required by the underlying zoning district for a standard subdivision in order to create common open space. However, the density of development and the number of cluster lots allowed in a residential cluster development shall not exceed the density of development or number of dwelling lots that would be permitted in a standard subdivision within the same zoning district.
   COMMERCIAL DEVELOPMENT PROJECT. A complex of retail stores, shops, restaurants and other permitted uses grouped together with common or interconnected parking and each use having a separate entrance; also known as shopping centers.
   CONDOMINIUM, FREEHOLD. A form of real property ownership in which the owner holds title to the dwelling and the land on which it is sited and also owns an interest in the association or corporation which owns and maintains shared or common open spaces, private roadways and other private amenities.
   CONDOMINIUM HOUSING. A form of property ownership providing for individual ownership of space in a structure together with an individual interest in the land and/or other parts of the structure or structures on the land, in common with other unit owners within the development. Condominium housing can take the form of single- family freestanding structures, attached one-, two- and three-family structures or multi-family structures consisting of four or more dwellings. Condominium housing includes both regular and freehold condominiums.
   CONDOMINIUM, REGULAR. A form of real property ownership providing for individual ownership of dwelling space or unit within a structure together with an individual interest in the land, structures and other improvements on the land with the other unit owners as tenants-in- common.
   CONVENIENCE STORE.  A store which sells primarily convenience items to the general public.  Self service gasoline sales may be permitted if approved by the Planning Commission.
   COUNCIL.  The City Council of the City of Wadsworth.
   COURT.  An open, unoccupied and unobstructed space surrounded by a building or group of buildings.
   CURB LEVEL.  The mean level of the curb, or established grade, in front of the structure.
   DENSITY.  The number of families residing on, or dwelling units developed on, a gross acre of land.
   DISCARDED MOTOR VEHICLE.  An inoperable motor propelled vehicle, or accessory to same, which is in the process of being wrecked, dismantled or stored and which does not have a license thereon which is valid or was valid not more than six months previous.
   DISTRICT.  A section or sections of the incorporated territory of the city for which the regulations governing the use of buildings and premises or the height and area of buildings are uniform.
   DWELLING.  Any building, or portion thereof, which is designed or used primarily for residential purposes, including single-family, two- family, or multi-family but not including hotels, motels, boarding houses, lodging houses, and tourist dwellings.  An attached garage for purposes of determining the front, side and rear yards, shall be considered a part of the dwelling.
   DWELLING, MOBILE HOME.  A detached dwelling unit designed to be repeatedly transported on highways, and when arriving at the site for placement, involving only minor and incidental unpacking, assembling, and connecting operations but no substantial reconstruction which would render the unit unfit as a conveyance on the highway.
   DWELLING, MULTI-FAMILY.  A dwelling designed for or occupied by three or more families living independently from each other in separate dwelling units.
   DWELLING, SINGLE-FAMILY.  A detached dwelling designed for or used exclusively for residential purposes by one family.
   DWELLING, TWO-FAMILY.  A detached building designed for, or converted or occupied exclusively by two families living independently of each other.
   DWELLING UNIT.  One or more rooms providing complete living facilities for one family, including equipment for cooking or provisions for the same, and including room or rooms for living, sleeping, eating and with bathroom facilities.
   ERECT.  To construct or allow to be constructed, and includes the word "expand," but it shall not include any activity when performed as incidental to the change of advertising message or normal maintenance of a sign or sign structure.
   ESSENTIAL SERVICES.  The erection, construction, alteration, or maintenance by public utilities or municipal departments, or commissions, of underground or overhead gas, electrical, steam, or water transmission or distribution systems, collection, communications, supply or disposal systems, including poles, wires, mains, drains, sewers, pipes, conduit, cables, fire alarm boxes, police call boxes, traffic signals, hydrants, and other similar equipment and accessories in connection therewith, but not including buildings reasonably necessary for the furnishing of adequate service by such public utilities or municipal departments or commissions or for the public health or safety or general welfare or wireless telecommunications facilities for cellular and pcs communications.
   FAMILY.  One or more persons occupying a dwelling unit and living as a single housekeeping unit, whether or not related to each other by birth or marriage.  Groups occupying a structure such as a boarding house, lodging house, hotel, tourist dwelling, sorority or fraternity cannot be classified as a family. A family shall not include a group of more than four individuals, excluding foster children, unless all are related by blood, marriage, or adoption.
   FENCE.  A barrier constructed so as to contain or enclose an area as a protective measure.
   FINISHED GRADE.  For structures or buildings on land abutting one street only, the elevation of the sidewalk at the center of the structure or building wall facing the street (or the elevation of the center line of the street where no sidewalk exists); for structures or buildings walls facing more than one street, the average elevation at the center of the structure or building walls of all walls facing the streets; for buildings having no walls facing the streets; the average level of the finished surface of the ground adjacent to the exterior of the structure or the building. Any building wall approximately parallel to a street line is to be considered facing a street.
   FLOOR AREA.  The sum of the gross horizontal areas of the several floors of a building, measured from the exterior faces of exterior walls or from the centerline of common walls separating two buildings. For the purposes of these regulations, the floor area of a primary structure shall not include basement, garage, elevator and stair bulkheads, attic space, terraces, breezeways, open porches and uncovered steps.
   FRONTAGE.  The length of a property parcel adjacent to and contiguous with the line of the principal street.
   GARAGE, PRIVATE.  An accessory building or an accessory portion of the main building, enclosed on all sides and designed or used for the shelter or storage of passenger vehicles and located on the same lot as the dwelling to which it is accessory.
   GARAGE REPAIR SHOP.  A use of premises for repairs of a major type to motor vehicles.  Repairs of a major type are defined to be, but shall not necessarily be limited to, the following: body, fender, clutch, transmission, differential, axle, spring, and/or frame repairs; overhauling of engines or motors requiring the removal thereof; and/or painting other than minor incidental work generally referred to as retouching.
   GASOLINE SERVICE STATION.  A use of premises primarily for the retail sale of gasoline, oil, grease, batteries, tires, accessories, and other products for the use of the automobile. Also permitted are the rendering of services and making of adjustments, replacements, and repairs to motor vehicles except those confined to a "garage repair shop" as defined above, and the washing, waxing, and polishing of motor vehicles when not done automatically and when clearly incidental to other permitted services.
   GROSS ACRE.  Land area (43,560 square feet), measured on the horizontal plane, and including land occupied by all natural and man made features of the landscape.
   GROUPED COMMERCIAL DEVELOPMENT. A grouping of three or more commercial establishments which have common vehicular parking facilities, controlled access to abutting streets, and are developed under a unified site plan.
   GUEST HOUSE or ACCESSORY LIVING QUARTERS.  Living quarters located on the second floor of a private garage for the use of persons employed on the premises, or for the temporary use by guests of the occupant(s) of the premises. Such quarters shall have no kitchen facilities and shall not be rented or otherwise used as a separate dwelling.
   HEIGHT OF A BUILDING.  The vertical distance measured in the case of flat roofs from the average finished grade to the level of the highest point of the roof beams adjacent to the street wall, and in the case of pitched roofs, from the finished grade to the highest point of the gable. Where no roof beams exist or where there are structures wholly or partly above the roof, the height shall be measured from the average finished grade to the level of the highest point of the building.
   HIGHER EDUCATION.  The facilities housing an accredited two or four year degree granting college, university, or technical school.
   HIGHWAY ADVERTISING DEVICE.  Includes any outdoor sign, advertising display, device, figure, painting, drawing, message, placard, poster, billboard, or any other contrivance designed, intended, or used to advertise or to give information in the nature of advertising, or any part thereof, which advertisement is visible from the traveled way of any limited access highway, controlled access highway, expressway, or highway on the interstate system or primary system in this state.
   HOME IMPROVEMENT CENTER.  A retail establishment that sells general hardware supplies, appliances, and building materials for home maintenance and improvement.
   HOME OCCUPATION.  An occupation conducted in a dwelling unit.
   HOSPITAL.  Any building or other structure containing beds for at least four patients, where medical diagnosis of humans is carried out and where the ill or injured may receive medical, surgical or psychiatric treatment.
   HOTEL or MOTEL.  Every structure kept, used, maintained, advertised, or held out to the public to be a place where sleeping accommodations are offered for pay to transient guests.
   INDUSTRIALIZED UNIT.  A building unit or assembly of closed construction fabricated in an off-site facility, that is substantially self-sufficient as a "stand-alone" or as an addition, part or modular component to a greater structure, and that requires transportation to the site of intended use.
   JUNKYARD.  The use of more than 50 square feet of any land, building, or structure, whether for private and/or commercial purposes, where waste, discarded or salvaged materials such as scrap metals, used building materials, used lumber, used glass, discarded motor vehicles, auto wrecking, paper, rags, rubber, cordage, barrels, and the like, are sold, stored, bought exchanged, baled, packed, sorted, disassembled, dismantled, or handled.
   KENNEL.  A business establishment for purposes of breeding, boarding and the provision of other services for dogs and other domesticated animals.
   LARGE COMMERCIAL DEVELOPMENT. Any commercial development that meets one of the following criteria:
      (1)   A single structure or use with a floor area of 100,000 square feet or more, whether freestanding or part of a larger shopping center.
      (2)   Commercial development in which the floor area of all proposed structures and uses exceeds 150,000 square feet.
      (3)   Commercial development on land with an area of ten gross acres or more.
   LOADING SPACE.  An off street space or berth on the same lot with a building, or contiguous to a group of buildings, for the temporary parking of a commercial vehicle while loading or unloading merchandise or materials, and which abuts upon a street, alley, or other appropriate means of access.
   LOCATED.  Includes the words "erected" and "altered."
   LODGING HOUSE.  A building where lodging only is provided for compensation for three or more, but not more than ten persons.
   LOT.  A parcel of land, including any building and the accessory buildings or uses customarily or may not be the land shown as a lot on a plat filed in the Office of the County Recorder. Includes the word "plot" or "parcel."
   LOT, CORNER.  A lot at the junction of and fronting on two or more intersecting streets.
   LOT COVERAGE.  The portion of the lot area that is covered by buildings.
   LOT DEPTH.  The mean horizontal distance between the right-of-way line of the street and the rear lot line.
   LOT, DOUBLE FRONTAGE.  A lot having a frontage on two nonintersecting streets, as distinguished from a corner lot.
   LOT, INTERIOR.  A lot other than a corner lot.
   LOT LINE.  The line bounding a lot as defined in this chapter.
   LOT LINE, FRONT.  The line separating a lot from the street on which the lot fronts.
   LOT LINE, REAR.  The lot line opposite and most distant from the front lot line.
   LOT LINE, SIDE.  Any lot line other than a front or rear lot line.  A side lot line separating a lot from a street is called a side street lot line; a side lot line separating a lot from another lot or lots is called an interior side lot line.
   LOT LINES.  The property lines defining the limits of a lot.
   LOT OF RECORD.  A lot which is a part of a subdivision, the map of which has been recorded in the Office of the Recorder of Medina County; or a parcel of land, the deed to which was of record on or prior to the effective date of these regulations.
   LOT, WIDTH OF.  The width measured along the minimum building setback line.
   MAINTAIN.  To preserve, keep in repair, continue, allow to exist, or restore if damaged or destroyed.
   MAJOR RECREATIONAL EQUIPMENT. Boats and boat trailers, travel trailers, pick up campers or coaches (designed to be mounted on automotive vehicles), motorized dwellings, tent trailers, and the like, and cars or buses used for transporting recreational equipment, whether or not occupied by such equipment.
   MANUFACTURED HOME.  A structure, transportable in one or more sections, which is built on a permanent chassis and is designed for use with or without a permanent foundation when connected to the required utilities.  The term manufactured home does not include a recreational vehicle but does include "mobile homes", "trailer" homes and industrialized units when not used for residential occupancy.
   MAY.  Is permissive.
   MINIMUM BUILDING SETBACK LINE.  A line parallel to the street right-of-way line and at a distance therefrom equal to the required depth of the front yard, and extending across the full width of the lot. Where the right-of-way line is not established, the right-of-way shall be assumed to be 60 feet. Where a major thoroughfare or collector thoroughfare is designated on the Land Use and Thoroughfare Plan, the setback line shall be measured from the proposed right-of-way line.
   MINIMUM LIVING FLOOR AREA.  The living floor area and shall consist of areas such as living rooms, bedrooms, bathrooms, dining rooms, rooms for cooking, dens, libraries, and family rooms; but shall not include areas such as porches, breezeways, terraces, recreation rooms, utility rooms, garages and basements.
   MOBILE HOME.  A building unit or assembly of closed construction, transportable in one or more sections suitable for year-round single-family occupancy when connected to water, sewer and electric services in a manner similar to a conventional single-family frame dwelling and is sometimes referred to as a "trailer" or trailer home.  See also, MANUFACTURED HOME and INDUSTRIALIZED UNIT.
   MOBILE HOME PARK.  Any tract of land upon which two or more mobile homes used for habitation are parked, either free of charge or for revenue purposes and includes any roadway, building, structure, vehicle, or enclosure used or intended for use as a part of the facilities of such park.
   MORTUARY.  An establishment for the care and preparation of the deceased human body for burial or funerals with accommodations permitted for one, one family living quarters in any part of the building, to exclude crematories.  This definition does not include "churches" as defined above in this section.
   MOTOR HOME.  A self-propelled recreational vehicle constructed with facilities for cold storage, cooking food consumption or sleeping that must be licensed by the Department of Motor Vehicles in order to operate on public highways and roads.
   MOTOR VEHICLE.  An automobile, bus, truck, trailer, recreational vehicle, motorized bicycle, or similar transportation device.
   NONCONFORMING DEVELOPMENT.  A use that is not listed in the subdivision of uses for the use district in which it is situated, but which was legally existing prior to enactment of this chapter or amendments thereto.
   NUDITY or STATE OF NUDITY.  The appearance of a human bare buttock, anus, genitals, or areola of the female breast.
   OPEN SPACE.  An area of land which is in its natural state, or is developed only for the raising of agricultural crops, or for public outdoor recreation.
   OUTDOOR ADVERTISING DISPLAY.  A fixed or portable appliance, structure, or surface, including the supporting structure made necessary thereby, which is erected upon the ground, on the wall of a building, or above the roof of a building, and which is used and erected for the public display of posters, painted displays, electrical displays, pictures or other pictorial or reading matter, for the benefit of a person, organization, business, or cause, not residing or located on the lot or in the building where the appliance, structure or surface is erected.
   OUTDOOR FURNACE.  An accessory structure or use, designed and intended, through the burning of wood or other fuel source, for the purpose of heating the principal structure, the site, or any other building or structure on the premise.
   PARKING SPACE.  An off-street space or berth for the parking of a vehicle.
   PERSON.  Includes a firm, association, organization, partnership, trust, company, or corporation as well as an individual.
   PLANNED UNIT RESIDENTIAL DEVELOPMENT.  A planned, integrated residential development of at least 25 acres where minimum lot size and dwelling type may be modified somewhat to achieve particular design objectives and the economical provision of open space and utilities while maintaining the same overall density limitations of the district in which the planned unit residential development is located and complying with other pertinent requirements of this chapter and site design requirements of the Planning Commission.
   PLANNING COMMISSION.  The Planning Commission of the city.
   PREMISES.  A developed lot of record including any buildings and the accessory uses and structures thereon.
   PRIVATE RECREATION FACILITIES.  Recreational facilities which are privately owned by an individual, corporation, institution or organization, and which may be a nonprofit or for profit operation. Such operations are not publicly subsidized.
   PUBLIC NOTICE.  Of a public hearing, provided for by this chapter, means notice of the time, date, place, and nature of such hearing, published once in one daily newspaper of general circulation in the city.
   PUBLIC, PRIVATE OR PAROCHIAL SCHOOL.  Any school providing instruction at the K 12 level which meets certification requirements of the Ohio Department of Education.
   PUBLIC UTILITY.  Any person, firm, corporation, governmental agency or board fully authorized to furnish and furnishing to the public, electricity, gas, steam, telephone, telegraphy, cable television, transportation, water and sanitary sewers, or any other similar public utilities.
   QUARRY, SAND PIT, GRAVEL PIT, PEAT OR TOPSOIL REMOVAL OR PROCESSING.  Any land use, the purpose of which is the extraction of stone, silica rock, sand, gravel, peat, or topsoil for sale or processing, as an industrial operation or where soil is to be sold upon removal. Such use does not include the process of grading a lot preparatory to construction of a building, for which a building permit has been issued.
   QUASI PUBLIC USES.  Uses operated by private individuals or groups of individuals but with only limited public control or accessibility, such as charitable organizations, churches, private schools, private golf clubs, cemeteries, lodge halls, fraternal organizations and the like.
   RECIPROCAL EASEMENT.  An easement present or existing on two or more adjacent parcels.
   RECREATIONAL VEHICLE.  A vehicular portable structure that meets one or more of the following conditions:
      (1)   Is designed for the purpose of recreational travel.
      (2)   Contains facilities for cold storage, cooking, food consumption or sleeping.
      (3)   Is not used for the purpose of engaging in for-profit or not-for-profit business.
      (4)   Is required to be licensed by the Department of Motor Vehicles in order to operate on public highways and road.
      (5)   The definition of recreational vehicle shall include travel trailer, camper and motor home.
   RESTAURANT.  A single retail business operation where the preparation and serving of food and beverages is designed primarily for consumption by customers seated within the establishment.
      (1)   CARRY OUT OR DELIVERY RESTAURANT.  A single retail business operation where the food and beverage products purchased by the consumer are packaged in such a manner as to enable the customer to remove them for consumption off the premises. Such an operation does not have a drive in window or facilities within the premises for customers to sit or stand while consuming the food purchased.
      (2)   DRIVE IN RESTAURANT.  Refers to a restaurant which maintains a drive in window designed to enable customers to drive up to it and order food and beverages while in their automobile. Food and beverage items are served directly to the customers in the vehicle and taken elsewhere for consumption.
   ROADSIDE PRODUCE STANDS, TEMPORARY.  A removable structure used or intended to be used solely by the owner or the tenant of a property on which it is located for the sale of seasonal agricultural products and to be removed and stored back of the building line of the property or off the property at the conclusion of the seasonal sales. No illuminated signs shall be used to advertise such products.
   ROOMING HOUSE.  A building or part thereof (other than a hotel, motel or restaurant where meals and/or lodging are provided for compensation) for three or more unrelated persons where no cooking or dining facilities are provided in individual rooms.  The term "rooming house" includes a "boarding house," and the word "roomer" includes a "boarder."
   SCREENING STRIP.  A strip of land to be used as a planting strip on which shall be placed evergreen, hedge, shrubbery, or other planting materials maintained in a neat and orderly manner.
   SEXUALLY ORIENTED BUSINESS.
      (1)   An adult arcade, adult bookstore, adult video store, adult cabaret, adult motion picture theater, or adult theater.
      (2)   The definition of sexually oriented business does not include a "nude model studio".
   SHALL.  Is mandatory.
   SPECIFIED ANATOMICAL AREAS.  Human genitals.
   SPECIFIED SEXUAL ACTIVITIES.  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 or sodomy;
      (3)   Masturbation, actual or simulated.
   STREET, PRIVATE.  A street which has not been dedicated to public use or subject to public easements thereof, which provides access to more than one property.
   STREET, PUBLIC.  A public thoroughfare which has been dedicated to the public use and accepted by the city or subject to public easements thereof.
   STREET, RIGHT-OF-WAY LINES.  A dividing 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 inside line of land reserved for street purposes.
   STRUCTURAL ALTERATIONS.  Any change in the supporting members of a building, such as bearing walls or partitions, columns, beams or girders, or any increase in the area or cubical content of the building.
   STRUCTURE.  Anything constructed or erected, the use of which requires a fixed location on the ground or is attached to something having a fixed location on the ground, including advertising signs, billboards, transmission towers for radio, television, telephones, pergolas, but not including fences or walls used as fences.
   SUBDIVISION.  The division of any parcel of land shown as a unit or as contiguous units on the last preceding tax roll into two or more parcels, sites or lots.
   SWIMMING POOL, FAMILY.  A swimming pool is an accessory use if used, or intended to be used, solely by the owner or lessee thereof and his family, and/or by friends invited to use it without payment of any fee.
   TRAVEL TRAILER.  A non-self-propelled recreational vehicle that must be licensed by the Department of Motor Vehicles in order to operate on public highways and road and that can be transported only via attachment to a motorized vehicle.
   TOURIST HOME.  A dwelling in which overnight accommodations are provided or offered for transient guests for compensation.
   USABLE OPEN SPACE.  That portion of a lot not devoted to building, driveway, or parking coverage.  The least dimension of usable open space shall not be less than ten feet.
   USED or OCCUPIED.  Include the words "arranged, intended, or designed to be used or occupied."
   USED CAR LOT.  Any lot on which two or more motor vehicles (which have been previously titled in a name other than the manufacturer or dealer) in operating condition are offered for sale and displayed to the public.
   VARIANCE.  The provision of relief from the terms of the zoning ordinance.
   VISIBLE.  Capable of being seen, whether or not legible, without visual aid by a person of normal visual acuity.
   YARDS.
      (1)   FRONT YARD.  An open, unoccupied space on the same lot with a building, between the furthest extremity of the building and the front line of the lot excluding unenclosed front porch and steps.
      (2)   REAR YARD.  An open, unoccupied space on the same lot with a building, between the furthest extremity of the building and the rear line of the lot. On a corner lot, the owner may determine which of the lot lines, not a street line, shall be regarded as the rear line.
      (3)   SIDE YARD.  An open, unoccupied space on the same lot with a building, situated between the furthest extremity of the building and the side line of the lot and extending through from the street or from the front yard to the rear yard or to the back line of the lot. Any lot line not a rear line or a front line shall be deemed a side line.
(‘65 Code, Chapter 1303)  (Am. Ord. 78-96, passed 8-20-96; Am. Ord. 97-036, passed 5-20-97; Am. Ord. 99-133, passed 12-21-99; Am. Ord. 01-069, passed 8-23-01; Am. Ord. 08-085, passed 10-21-08; Am. Ord. 09-001, passed 3-17-09; Am. Ord. 11-020, passed 5-4-11; Am. Ord. 11-076, passed 12-20-11; Am. Ord. 13-135, passed 1-21-14; Am. Ord. 18-041, passed 10-16-18)