(1) "Accessory structure." A building, the use of which is incidental to that of the main building and which is located on the same lot.
(2) "Accessory use." A use naturally and normally incidental and subordinate to the gain use of the premises.
(3) "Administrator." The officer, as appointed by the Mayor, charged with the administration and enforcement of this Zoning Code and shall be construed as though followed by the words or authorized agent or representative.
(Ord. 1989-81. Passed 1-2-90.)
(3.5) “Adult Business Establishments” means bookstores, bars, lounges, restaurants, theaters, or shops, which have more than twenty percent (20%) of their stock in trade, or fare, books, pictures, slides, films, media of electronic visual portrayal, or live entertainment, which are distinguished or characterized by their emphasis on matter or live conduct depicting, describing, exposing, or relating to sexual activities or anatomical areas.
(Ord. 1998-17. Passed 9-8-98.)
(4) "Alley." A public way which affords only secondary means of access to abutting property and not intended for general traffic circulation.
(5) "Alteration." Any change, addition or modification in construction or type of occupancy; any change in the structural members of a building such as walls, partitions, columns, beams, girders; or any change which may be be referred to herein as altered or "reconstructed".
(6) "Apartment unit." One or more rooms with private baths and kitchen facilities comprising an independent self-contained dwelling unit in a building containing two or more dwelling units.
(7) "Architectural features." Includes cornices, eaves, gutters, belt courses, sills, lintels, bay windows, chimneys and decorative ornaments.
(8) "Automobile repair." General repair; engine rebuilding; rebuilding or reconditioning of motor vehicles; collision services such as body, frame or fender straightening and repair; overall painting; and vehicle rust-proofing.
(9) "Automobile service station." A building or structure designed or used for the retail sale of a supply of fuels (stored only in underground tanks), lubricants, air, water and other separating commodities for motor vehicles, aircraft or boats, and includes the customary space and facilities for storage, minor repair or servicing, but does not include bumping, painting, refinishing, major repairs and overhauling, steam cleaning, rust-proofing, where the primary use of the premises is such, or high speed washing thereof.
(10) "Automobile wash establishment." A building, or portion thereof, the primary purpose of which is that of washing motor vehicles.
(11) "Basement." A portion of a building having more than one-half of its height below grade.
(12) "Block." The property abutting one side of a street lying between the two nearest intersecting streets, or between one intersecting street and railroad right-of-way, unsubdivided acreage, river or live stream, or between any of the foregoing and any other barrier to the continuity of development.
(13) "Boarding house." A building occupied for, or arranged, intended or designed to be occupied for rooming and boarding for compensation by not less than four, but not more than fifteen persons, by prearrangement for definite periods. The term "boarding house" includes "lodging house", "rooming house", and "bed and breakfast".
(14) "Building." A permanent structure having a roof supported by columns or walls for the shelter, support or enclosure of persons, animals or chattels. When any portion of a building is completely separated from every other part thereof by division walls from the ground up, and without openings, each portion of such building may be deemed a separate building.
(15) "Building height." The vertical distance measured from the reference level to the highest point of the roof surface of a flat roof; to the deck of mansard roof; and to the mean height level between eaves and ridge of gable, hip and gambrel roofs.
(16) "Building main or principal." A building in which is conducted the principal use of the lot on which it is situated.
(17) "Building line." A line which establishes the building set back from public right-of-ways.
(Ord. 1989-81. Passed 1-2-90.)
(Ord. 1989-81. Passed 1-2-90.)
(17.1) “Business incubator”. A facility dedicated to the start-up and growth of small businesses, accomplished through management and facility support systems. For purposes of this definition, management support systems include access to professional advice, information on small business regulations, management, advertising, promotion, marketing, sales, inventory, employees, labor relations, and financial counseling. Facility support systems include clerical and reception staff, cleaning and building security, and access to copy and facsimile machines, computers, faxes and other electrical equipment.
(18) "Business support services." Establishments or places of business engaged in the sale, rental or repair of office equipment, supplies and materials, or the provision of services used by office, professional and service establishments. Typical uses include office equipment and supply firms, small business machine repair shops, convenience printing and copying establishments, as well as temporary labor services.
(Ord. 2004-8. Passed 5-3-04.)
(Ord. 2004-8. Passed 5-3-04.)
(19) "Carport." An unenclosed roofed area designed for the parking of motor vehicles.
(20) "Child care center." Any facility whatsoever which cares for one or more children under 18 years of age and which is subject to state or federal licensing requirements but not including foster parents housing four or less children at any one time.
(21) "Club." A building or portion thereof or premises owned or operated for a fraternal, literary, political or educational purpose primarily for the use of its members and their guests.
(22) "Clinic." A facility which provides treatment for illness, injury, abnormality or pregnancy. Such facilities may provide examination, diagnosis, ambulatory care and outpatient services, but not overnight care.
(23) "Conditional use." Any use permitted within a district but requiring a conditional use permit and approval of the Wauseon City Planning Commission.
(24) "Condominium." Any residential property qualified as a condominium under O.R.C. Chapter 5311.
(25) "Custom work shop." A building or part of a building where goods or services are produced to special order.
(26) "Deck." A level, landscaped and/or surfaced area directly adjacent to a principal building at or within three feet of the finished grade and not covered by a permanent roof. "Deck" shall include patio and terrace.
(27) "Density." The number of dwelling units per acre of total land.
(a) Gross Density. The number of dwelling units per acre of total land to be developed.
(b) Net Density. The number of dwelling units per acre of land when the acreage only includes land devoted to residential use.
(28) "Drive-in establishment." A business establishment so developed that its principal retail or service character is dependent on providing a driveway approach or parking spaces for motor vehicles to serve patrons while in or momentarily stepped away from, their motor vehicle (such as banks, laundry or dry cleaning pick-up establishments and restaurants).
(29) "Drive-up establishments." Any establishment or facility where goods or services are provided from windows or in drive-through areas to customers in cars or to the cars and where the cars are temporarily stopped or standing and which commonly does, or could involve a line-up of cars waiting in line for such goods or services.
(30) "Duplex." A building designed exclusively for occupancy by two families living independently of each other.
(31) "Dwelling." Any structure designed for use by human occupants for sleeping and living purposes, whether occupied or vacant, and shall include factory built or manufactured structures.
(32) "Dwelling multiple." A building containing three or more dwelling units, or two or more dwelling units above the first or ground floor, or one or more dwelling units if the building contains a use other than a dwelling use. The words "multiple dwelling", "tenement house" and "apartment house" are synonymous.
(33) "Dwelling unit." One or more rooms arranged for the use of one or more individuals as a single housekeeping unit, with cooking, living, sanitary and sleeping facilities, excluding state approved group homes.
(Ord. 1989-81. Passed 1-2-90.)
(Ord. 1989-81. Passed 1-2-90.)
(34) “Dwelling, Single Family”: Detached, individual dwelling units, which accommodate one family related by blood, adoption, or marriage; or up to five unrelated individual living as one housekeeping unit. The type of construction of such units shall conform either to the OBOA, “One, Two and Three Family Dwelling Code”, or other applicable building code, or be classified as an “Industrialized Unit” under the Ohio Basic Building Code or conform to the Ohio Revised Code definition of permanently sited manufactured housing as follows:
Permanently sited Manufactured Housing must:
A. Be constructed pursuant to the HUD Code (Manufactured Housing Construction and Safety Standard Act of 1974, 42 U.S.C.A. 5415), certifying compliance with all federal construction and safety standards.
B. Be attached to a permanent frost-free foundation (slab, crawl space foundation or full foundation).
C. Be connected to appropriate utilities.
D. Have a length of at least 22 feet and a width of at least 22 feet, as manufactured.
E. Have at least 900 square feet of living area, or whatever greater square footage is uniformly required by zoning.
F. Have a conventional residential siding (i.e. lap, clapboard, shake, masonry, vertical natural materials) a 6-inch minimum eave overhang and a minimum “A” roof pitch of 3:13.
G. Have removed its indicia of mobility (temporary axles, trailer tongue, running lights) upon placement upon its foundation.
H. Be intended to be assessed and taxed as permanent real estate, not personal property. The title for such structure shall be surrendered to the County Auditor upon its placement on its permanent foundation and such surrender shall be noticed to the Auditor to tax said structure as real estate from that day forward.
I. Meet all applicable zoning requirements uniformly imposed on all single- family dwelling in the particular district (excepting contrary requirements for minimum roof pitch and requirements that do not comply with HUD Code standards for manufactured housing).
(Ord. 2002-3. Passed 4-15-02.)
(35) "Easement." A right of a property owner by reason of ownership to use the land of another for a specified purpose.
(36) "Efficiency unit." A dwelling unit consisting of one room of not less than 400 square feet of floor area, exclusive of bathroom, hallways and closets.
(37) "Emergency shelter." A facility which provides room and board, protection, counseling and pre-placement screening for abused children or adults for a normal stay of not over 30 days per client. Such facility shall not provide intensive treatment or therapy services.
(38) "Erected." Built, constructed, reconstructed, moved upon or any physical operation on the premises required for a building. Excavations, fill, drainage and the like shall be considered a part of erection.
(39) "Essential services." The erection, construction, alteration or maintenance by a public utility or municipal department or commission of underground, surface or overhead gas, electrical, steam or water transmission or distribution systems, collection, communication, supply or disposal systems, including mains, drains, sewers, pipes, conduits, wires, cables, fire alarm boxes, traffic signals, hydrants, towers, poles and other similar equipment and accessories reasonably in connection therewith for the furnishing of adequate service by such public utility or municipal department or commissioner for the public health or general welfare, but not including buildings other than such buildings as are primarily enclosures or shelters of the above essential service equipment.
(40) "Excavating." The removal of sand, stone, gravel or fill dirt below the average grade of the surrounding land and/or road grade, whichever is highest.
(41) "Factory-built housing." Any structure that is wholly, or in substantial part, made, fabricated, formed or assembled in manufacturing facilities for installation or assembly and installation on a building site.
(42) "Family." Two or more persons related by blood, marriage or law, or a group of not more than any five persons not related, living together in a dwelling unit. Servants having common housekeeping facilities are a part of the "family" for the purposes of this Zoning Code.
(43) "Family care facility." A facility licensed or supervised by an appropriate state, federal or county agency to provide resident services and twenty-four hour supervision to five or fewer persons who are not related to the resident household. Such a facility as headed by agency-approved staff and functions as a single housekeeping unit. These individuals may be handicapped, aged, disabled or in need of adult supervision and are provided service and supervision in accordance with their individual needs. Examples of such facilities are: foster or boarding homes for children, group homes and family homes.
(44) "Fence." Any structure intended to act or acting as a marker, barrier or enclosure to restrict access to and/or egress from a lot or parcel of land, whether enclosing all or part of said lot or parcel, or acting as a barrier to travel.
(45) "Filling." The depositing or dumping of any matter into or onto the ground, except in relation to common household gardening.
(46) "Floor area, gross." The sum of gross horizontal areas of the combined floors of a building or buildings, measured from the exterior walls or from the centerline of walls separating two buildings. In particular, "gross floor area" includes basement space, elevator shafts or stairwells, floor space for mechanical equipment, penthouses, balconies, mezzanines, enclosed porches, accessory buildings and attic floor space whether or not floor has been laid which provides structural head room of seven feet, six inches. Gross floor area does not include elevator or stair bulkheads, accessory water tanks, cooling towers, uncovered steps or attic floor space less than five feet high. Covered but unenclosed portions of porches, terraces or breezeways shall have their floor area computed at 50% of the actual floor area. Uncovered and unenclosed porches, terraces or breezeways shall have their floor area computed at 25% of the actual floor area.
(47) "Floor area, residential." For the purposes of computing the minimum allowable floor area in a residential dwelling unit, the sum of the horizontal areas of each story of the building measured from the exterior faces of the exterior wall. The floor area measurement is exclusive of areas of basements, unfinished attics, attached garages, breezeways and enclosed or unenclosed porches.
(48) "Garage, commercial." Any premises used principally for the storage of automobiles or motor driven vehicles for remuneration, hire or sale, where any such vehicles may also be equipped for operation, repaired, rebuilt or reconstructed, and where vehicles may be greased, washed or serviced but excluding those defined as private, community or storage garages available to the public.
(49) "Garage, community." A garage used for the storage of vehicles of residents of dwelling units on the same or adjacent block or blocks, which provides only incidental services to such vehicles as are stored therein.
(50) "Garage, private." A building used primarily for the storage of motorized vehicles for the use of the occupants of a lot on which such building is located. The foregoing definition shall be construed to permit the storage on any one lot, for the occupants thereof, of not more than one commercial vehicle not exceeding a rated capacity of three-fourths ton.
(51) "Garage storage." Any premises except those herein defined as private or community garages, used exclusively for the storage of motorized vehicles, and where such vehicles are not repaired.
(52) "Grade." The elevation of the top of the curb or a point six inches above the pavement in the absence of a curb at the mid-point of the front of the lot.
(53) "Greenbelt." An open area which may be cultivated or maintained in a natural state surrounding development or used as a buffer between land uses or to mark the edge of an urban or developed area.
(54) "Group home." A non-secure facility which provides resident services to five or more individuals of whom one or more are unrelated. These individuals may be handicapped, aged, or disabled, who are undergoing rehabilitation, and are provided services to meet their needs. This category includes uses licensed or supervised by any federal, state or county health/human services agency, such as group homes (all ages), halfway houses, resident schools, resident facilities, and foster or boarding homes. Each such facility shall also be headed by agency approved staff and function as a single housekeeping unit.
(55) "Health services." Establishments engaged primarily in furnishing medical, surgical or other health services to individuals, including the offices of physicians, dentists, optometrists, ophthalmologists and other health practitioners, medical and dental laboratories, out-patient care facilities, blood banks and oxygen and miscellaneous types of medical supplies and services.
(56) "Home occupation." An accessory use of a dwelling unit, conducted entirely within the dwelling unit.
(57) "Hospital." An institution providing health services primarily for in-patient and medical or surgical care of the sick or injured and includes as an integral part of the institution such related facilities as laboratories, out-patient departments, training facilities, central service facilities and staff offices.
(58) "Hotel/motel." A building occupied or used as a temporary abiding place of individuals or groups of individuals with or without meals, and in which there are more than five sleeping rooms.
(59) "House front." That part of a residential dwelling facing the street used for address purposes.
(Ord. 1989-81. Passed 1-2-90.)
(Ord. 1989-81. Passed 1-2-90.)
(60) "Industry." The manufacture, fabrication, processing, reduction or destruction of any article, substance or commodity, or any other treatment thereof in such a manner as to change the form, character or appearance thereof, and includes storage elevators, truck storage yards, warehouses, wholesale storage and other similar types of enterprises.
(Ord. 2004-8. Passed 5-3-04.)
(61) "Junk." Any old or scrap copper, brass, rope, rags, trash, waste, batteries, paper, rubber, iron, steel and other old or scrap ferrous or nonferrous materials.
(ORC 4737.05(A))
(ORC 4737.05(A))
(62) "Junk yard." Includes all persons or businesses licensed under O.R.C. Chapters 4737 and 4738 unless operated entirely within enclosed buildings.
(Ord. 1989-81. Passed 1-2-90.)
(63) "Kennel." One pack or collection of more than three dogs, three months old or older, on a single premises, whether maintained for breeding, boarding, sale, training, hunting or other purposes, and including any shop where dogs are offered for sale.
(Ord. 2003-5. Passed 6-2-03.)
(64) "Laboratory." A place devoted to experimental, routine study or basic study such as testing and analytical operations; and in which manufacturing of product or products, except prototypes, is not performed.
(65) "Loading space." An off-street space on the same lot with a building or group of buildings and temporary parking of commercial vehicles while loading or unloading merchandise or materials.
(66) "Lot." A parcel of land occupied or intended to be occupied by one or more dwelling units in a residential district or by a permitted building or use in a commercial or industrial district, intended as a unit for transfer of ownership, together with accessory buildings and uses customarily incidental thereto, including such open spaces and minimum area provisions as are required by this Zoning Code for the district in which such lot is situated and having its principal frontage on an improved public street.
(67) "Lot area." The total square footage within the boundaries of a lot.
(68) "Lot, corner," A lot or parcel of land abutting upon two or more streets at their intersections, or upon two parts of the same street forming an interior angle of less than 135 degrees.
(69) "Lot, double frontage." A lot other than a corner lot having frontage on two streets. In the case of a row of double frontage lots, one street will be designated as the front street for all lots in the plat and in any request for a zoning permit. If there are existing principal structures in the same block fronting on both of the streets, the required front yard setback shall be observed on the street that has its building front.
(70) "Lot, interior." A lot with only one lot line fronting on a street.
(71) "Lot coverage." The part or percent of the lot occupied by buildings or structures, including accessory buildings or structures.
(72) "Lot depth." The mean horizontal distance from the front street line to the rear lot line.
(73) "Lot line." The property lines bounding the lot.
(a) Front Lot Line. The line separating the lot from the street right-of-way.
(b) Rear Lot Line. Ordinarily that line of a lot which is opposite and farthest from the front lot line. In triangular or other odd shaped lots, the real lot lines shall be determined by the Planning Commission.
(c) Side Lot Line. Any lot line which meets the end of a front lot line, normally at an angle equal to or greater than 30 degrees.
(74) "Lot of record." A lot which actually exists in a subdivision plat as shown on the records of the Fulton County Recorder, or a lot or parcel described by metes and bounds, the description of which has been so recorded.
(75) "Lot width." The horizontal distance between the side lot lines, measured at the two points where the minimum required building line or setback for the particular zoning district intersects the side lot lines.
(76) "Major thoroughfare." A main traffic artery designated on the Wauseon Comprehensive Development Plan as a major thoroughfare.
(Ord. 1989-81. Passed 1-2-90.)
(76.1) “Manufacturing, light”. The manufacture, predominantly from previously prepared materials, of finished products or parts, including processing, fabrication, assembly, treatment and packaging of such products, and incidental storage, sales and distribution of such products, but excluding basic industrial processing and custom manufacturing.
(Ord. 2004-8. Passed 5-3-04.)
(77) "Mixed occupancy." Any building containing one or more dwelling units or rooming units and also having a portion thereof devoted to nondwelling uses.
(Ord. 1989-81. Passed 1-2-90.)
(78) "Manufactured home." A non self-propelled building unit or assembly of closed construction fabricated in an off site facility and which conforms with the federal construction and safety standards established by the Secretary of Housing and Urban Development (HUD) pursuant to the “Manufactured Housing Construction and Safety Standards Act of 1974" and that has a label or tag permanently affixed to it certifying compliance with all applicable federal construction and safety standards. A manufactured home is transportable in one or more sections, which in traveling mode is eight (8) body feet or more in width or forty (40) body feet or more in length or when erected on site, is three hundred twenty (320) or more square feet, and which is built on a permanent chassis, designed to be used as a dwelling with or without permanent foundation when connected to required utilities. Calculations used to determine the number of square feet in a structure’s exterior dimensions are measured at the largest horizontal projections when erected on site. These dimensions include all expandable rooms, cabinets and other projections contained interior space, but do not include bay windows. (ORC 4501.01) For purposes of this section, chassis means a steel frame specifically designed and constructed with wheels or running gear and towing tongue installed for transportation on public streets or highways and designed without the need for a permanent foundation arriving at the site complete and ready for residential occupancy except for minor and incidental unpacking and assembly operations; location on wheels, jacks, blocks or other foundation, connection to utilities and the like.
(79) "Mobile home." A non self-propelled building unit or assembly of closed construction that is fabricated in an off-site facility, built on a permanent movable chassis which is 8 feet or more in width and more than 35 feet in width and more than 35 feet in length, which when erected on site is 320 or more square feet, that is transportable in one or more sections and which does not qualify as a manufactured home or industrialized unit.
(Ord. 2002-3. Passed 4-15-02.)
(80) (Modular Home) “Industrialized Unit”. A building unit of assembly of closed construction fabricated in an off-site facility, that is substantially self sufficient as a unit or as a part of a greater structure and that requires transportation to the site of intended use. Industrialized unit includes units installed on the site as independent units, as part of a group of units, or incorporated with standard construction methods to form a completed structural entity. Industrialized unit does not include a manufactured or mobile home as defined herein.
(Ord. 2002-3. Passed 4-15-02.)
(81) "Motel." See "Hotel."
(82) "Nonconforming use." Any building, structure or land lawfully occupied by a use on the effective date of this Zoning Code, or any amendment or supplement thereto, which does not conform to the use regulations of the district in which it is situated.
(83) "Nursery, plant material." A space, building or structure, or combination thereof, for the growing or storage of live trees, shrubs or plants offered for wholesale or retail sale including products used for gardening or landscaping. The definition of nursery within the meaning of this Zoning Code does not include any space, building or structure used for the sale of fruits, vegetables or Christmas trees.
(84) "Nuisance." An offensive, annoying, unpleasant or obnoxious thing or practice, a cause or source of annoyance, especially a continuing or repeating invasion of any physical characteristics of activity or use across a property line which can be perceived by or affects a human being, or the general public or an excessive or concentrated movement of people or things such as noise, dust, smoke, odor, glare, fumes, flashes, vibration, shock waves, heat, electronic or atomic radiation, objectionable effluent, noise of congregations of people particularly at night, or passing traffic or invasion of street frontage by traffic generated from an adjacent land use which lacks sufficient parking and circulation facilities.
(85) "Nursing home." A facility licensed and regulated by the State of Ohio, which provides lodging and long-term skilled nursing care of aged, chronically ill or convalescent patients. This term does not include hospitals, clinics or similar institutions.
(86) "Occupied." A building or structure presently in use.
(87) "Open air business uses." Business uses not conducted from a wholly enclosed building or structure.
(88) "Open front store." A business establishment so developed that service to the patron does not require patrons to enter such structure.
(89) "Open space." An area open to the sky which is or may be on the same lot with a building. The area may include, along with the natural environmental features, swimming pools, tennis courts and any other recreational facilities. Streets, drives and parkways, structures for habitation and the like shall not be included.
(90) "Open storage." All outdoor storage of building material, equipment, vehicles and other materials. (Ord. 1989-81. Passed 1-2-90.)
(91) “Outside storage” Materials, equipment, products, and any other goods clearly related to the principle business, commercial, or industrial use of the property which are stored outside a building. (Ord. 2008-12. Passed 10-6-08.)
(92) "Owner." Any person having legal or equitable ownership interest in premises including, if in possession, a vendee, mortgagee, trustee, executor, administrator, guardian, or receiver or any legal representative of any such person.
(Ord. 1989-81. Passed 1-2-90.)
(92.1) “Park”. Any area that is predominately open space, used principally for active or passive recreation, and not used for a profit-making purpose. Any area designated by the City as a park.
(92.2) “Park, private”. A tract of land presently owned or controlled and used by private or semi-public persons, entities, groups, etc. for active and/or passive recreational purposes. (Ord. 2004-8. Passed 5-3-04.)
(93) "Personal services." Any enterprise which primarily offers services to the general public.
(94) "Porch." A roofed open area, which may be glazed or screened, usually attached to or part of and with direct access to or from, a building. A porch becomes a room when the space enclosed is heated or air-conditioned and, if glazed, when the percentage of window area to wall area is less than 50 percent.
(95) "Principal use." A principal permitted use as provided in each district.
(96) "Professional activities." The use of offices and related spaces for such professional services as are provided by medical practitioners, lawyers, architects, engineers and similar professions.
(97) "Public lands." Public parks, schools and administrative and cultural buildings and structures, and public service facilities, including public land or building devoted solely to the storage and maintenance of equipment and materials.
(98) "Public service facility." The erection, construction, alteration, operation or maintenance of buildings, power plants or pumping stations, sewage disposal or plumbing plants and other familiar public service structures by a public utility, by a railroad, whether publicly or privately owned, or by a municipal or other governmental agency, including the furnishing of electrical, gas, rail transport, communication, public water and sewage services and all other facilities, equipment and structures necessary for conducting a service by a government or public utility.
(99) "Restaurant." An establishment whose principal business is the sale of foods, frozen desserts or beverages to the customer in a ready-to-consume state.
(a) Drive-in. Foods, frozen desserts or beverages served directly to the customer in a motor vehicle either by a carhop or by other means which eliminates the need for the customer to exit the motor vehicle.
(b) Fast food. Foods, frozen desserts or beverages served to the customer either within the restaurant building or for carry-out.
(c) Carry-out. Food, frozen desserts or beverages served to the customer in edible containers, or in paper, plastic or other disposable containers with consumption off the premises.
(d) Standard. Food, frozen desserts or beverages served to the customer by a restaurant employee at the same table or counter at which such items are consumed.
(e) Cafeteria. Foods, frozen desserts or beverages served to the customer in a line which is then taken to the table or counter by the customer for consumption.
(100) "Retail service." Establishments principally providing services or entertainment, as opposed to products, to the general public.
(101) "Retail sales." Establishments principally engaged in selling goods or merchandise to the general public for personal or household use.
(102) "Roadside stand." A 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 products.
(103) "Rooming house." See "Boarding house."
(104) "Setback." The minimum horizontal distance between the principal building or structure (excluding steps) and the front lot line.
(105) "Shopping center." Any commercial development under common ownership leased to two or more separate retail establishments with common areas for all tenants such as parking areas, streets, sidewalks, or aisles.
(106) "Sign." Any display, figure, painting, drawing, placard, poster or other device visible from a public right-of-way which is designed or intended to be used to convey a message, advertise, inform or direct attention to a person, institution, organization, activity, place, object or product.
(107) "Sign, nonconforming." Any sign lawfully existing on the effective date of this Zoning Code (see Section 1109A.06
), or any amendments thereto which renders such sign nonconforming because it does not conform to all the standards and regulations of the adopted or amended Zoning Code.
(108) "Site plan." A plan, to scale, showing uses and structures proposed for a parcel of land as required by this Zoning Code, including lot lines, streets, building sites, reserved open space, buildings, major landscape features - both natural and manmade and locations of proposed utility lines.
(109) "Site plan review." The process whereby the Planning Commission shall review the site plans and maps of a developer to assure that they meet the stated purposes and standards of the Zoning District, provided for the necessary public facilities such as roads and schools, and protect and preserve topographical features and adjacent properties through appropriate siding of structures and landscaping.
(110) "Story." That portion of a building included between the upper surface of any floor and the upper surface of the floor next above, except that the topmost story shall be that habitable portion of a building included between the upper surface of the topmost floor and ceiling or roof above.
(111) "Story, half." A space under a sloping roof which has the line of intersection of the roof and wall face not more than three feet above the floor level, and in which space the possible floor area with head room of five feet or less occupies at least 40% of the total floor area of the story directly beneath.
(112) "Structure." Any construction, or any production or piece of work artificially built up or composed or parts joined together in some definite manner for occupancy or use including, but not limited to buildings, mobile homes, factory-built homes, tents, platforms, towers, water tanks, open sheds, swimming pools, shelters and fences.
(113) "Structural alteration." Any change in the supporting members of a building or structure, such as bearing wall or partitions, columns, beams or girders, or any change in the width or number of exits, or any substantial change in the design or pitch of roof.
(114) "Swimming pool." Any pool or open tank not located within a completely enclosed building (and any pool or open tank wherever constructed for public use) including hot tubs or similar structures, located above or below grade, designed to hold water to a depth of greater than 18 inches, and intended for swimming or wading. A swimming pool shall be considered an accessory use and shall be subject to the regulations of this Zoning Code.
(115) "Tent." A shelter of canvas or the like supported by poles fastened by cords or pegs driven into the ground and does not include those types of tents used solely for children's recreational purposes.
(116) "Temporary building and use." A structure or use permitted to exist during periods of construction of a permanent structure or use of the lot or used for special events for periods of not more than six months.
(117) "Townhouse." A one family dwelling in a row of at least three units in which each unit has its own front and rear access to the outside, no unit is located over another unit, and each unit is separated from any other unit by one or more common walls.
(118) "Travel trailer." A licensed or unlicensed vehicle, motorized or non-motorized built on a chassis, designed to be used as a temporary dwelling for travel and recreational purposes.
(119) "Use." The purpose for which land or premises or a building thereon is designed, arranged or intended, or for which is occupied or maintained, let or leased.
(Ord. 1989-81. Passed 1-2-90.)
(120) “Wall.” A permanent upright structure having a length much greater than the thickness, presenting a continuous surface except where doors or solid gates are located, and comprised of a continuous foundation. (Ord. 2008-12. Passed 10-6-08.)
(121) "Warehouse." A building use primarily for the storage of goods and materials.
(122) "Wholesale trade." Any business primarily engaged in selling merchandise to retailers or to industrial, commercial, institutional, or professional business uses, or to other wholesalers; or any person acting as agent or broker for buying or selling merchandise to such individuals or companies.
(123) "Yard." An open space of prescribed width or depth on the same land with a building or group of buildings, which lies between the building or group of buildings and the nearest lot line and is unoccupied and unobstructed from the group upward, except as otherwise provided herein.
(124) "Yard front." A yard extending the full width of the lot, the depth of which is the minimum horizontal distance between the front lot line and the nearest line of the main building.
(125) "Yard, rear." A yard extending across the full width of the lot, the depth of which is the minimum horizontal distance between the rear lot line and the nearest line of the main building.
(126) "Yard, side." A yard between a main building and side lot line, extending from the front yard shall be measured horizontally from the nearest point of the side lot line of the nearest point of the main building.
(127) "Zero lot line. (ZLL)" The location of a building on a lot in such a manner that one or more of the building sides rest directly on the lot line.
(Ord. 1989-81. Passed 1-2-90.)