As used in this Zoning Code, “building” includes “structure,” “used” includes “arranged, designed, constructed, altered, converted, rented or leased” or “intended to be used,” and “shall” is mandatory, not directory. In addition, unless the context indicates a different meaning, the following words and terms shall be defined as used in this Zoning Code:
(1) Accessory structure. “Accessory structure” means a structure detached from the principal structure, located on the same lot and customarily incidental and subordinate to the principal structure.
(2) Accessory use. “Accessory use” means a use, located on the same lot and customarily incidental and subordinate to the principal use.
(3) Alley or lane. “Alley or lane” means a public or private way, not more than 20 feet wide, affording only secondary means of access to abutting property.
(4) Animal hospital or veterinarian clinic. “Animal hospital or veterinarian clinic” means a building used for the medical treatment, housing or boarding of domestic animals such as dogs, cats, rabbits and birds by a veterinarian.
(5) Apartment. “Apartment” means a suite of rooms or a room in a multi-family building arranged and intended as a place of residence for a single family or group of individuals living together as a single housekeeping unit.
(6) Apartment house. See “Dwelling, multi- family”.
(7) Applicant. “Applicant” means the owner of real estate or an appointed agent of the owner, who makes application to the Municipality of Woodlawn for action by the Planning Commission or Board of Zoning Appeals.
(8) Assisted living facility. “Assisted living facility” means a residential care facility, other than a licensed nursing home, that provides personal care for persons with impairments in performance of activities of daily living and has the capacity to meet unscheduled needs for assistance. Typical to this facility is that each residence is private occupancy, furnished by occupant, with food service, laundry and gathering areas shared in the facility.
(9) Automobile or trailer sales area. “Automobile or trailer sales area” means an open area, other than a street, used for the display, sale or rental of new or used motor vehicles or trailers in operable condition and where no repair work is done.
(10) Automobile repair, major. “Major automobile repair” means the general repair, rebuilding or reconditioning of engines, motor vehicles (one and one-half tons and under) or trailers; collision services, including body, frame or fender straightening or repair; overall painting or a paint shop; vehicle steam cleaning; and any repairs defined in “Automobile repair, minor.”
(11) Automobile repair, minor. “Minor automobile repair” means incidental body or fender
(12) Automobile wash or automatic car wash. “Automobile wash” or “automatic car wash” means a building or structure where chain conveyors, blowers, steam cleaners, spray wands or hoses, and other mechanical devices are employed for the purpose of washing motor vehicles.
(13) Automobile wrecking. “Automobile wrecking” means the dismantling or disassembling of used motor vehicles or trailers, or the storage, sale or dumping of dismantled, partially demolished or dismantled, obsolete or wrecked vehicles or their parts.
(14) Bar or tavern. “Bar or tavern” means an establishment, licensed by the State of Ohio, serving alcoholic beverages in which the principal business is the sale of such beverages at retail for consumption on the premises and where food may be available for consumption on the premises. This use includes cocktail lounges.
(15) Basement. “Basement” means a story whose floor is more than 12 inches but not more than half of its story height below the average level of the adjoining ground (as distinguished from a cellar, which is a story more than one-half below such level).
(16) Bed and breakfast establishment. “Bed and breakfast” is any owner occupied dwelling unit that contains no more than four rooms where lodging, with or without meals, is provided for compensation.
(17) Beginning of construction. “Beginning of construction” means the incorporation of labor and material inside or outside of the walls of the building or the removal or grading of topsoil on a site, whichever is performed first.
(18) Billboard or signboard. See “Sign, Billboard”.
(19) Block. “Block” means, in describing the boundaries of a district, the legal description. In all other cases, “block” means the frontage abutting on one side of a street between two intersecting streets, or between an intersecting street and a railroad right- of-way, watercourse, cul-de-sac or end of the street.
(20) Board. “Board” means the, Board of Zoning Appeals.
(21) Buffer or bufferyard. “Buffer or bufferyard” means an area of healthy and viable vegetation, natural or planted, adjoining or surrounding a land use and unoccupied in its entirety by any building structure, paving or portion of such land use, for the purposes of separating, screening and softening the effects of the land use. No part of this buffer is to be used for active recreation, parking, or interior access drives. A buffer may include a wall, fence or berm, connecting driveways, underground utilities and permitted signage as provided in accordance with the provisions of Chapter 1295 or any other related chapter.
(22) Buffer, boundary. “Boundary buffer” means a linear area adjacent to the side and/or rear property line that is set aside to separate, screen, and soften the detrimental impacts of different uses or intensities upon one another and upon the surrounding neighborhood.
(23) Buffer, streetscape. “Streetscape buffer” means a linear area adjacent to the front property line extending from side lot-line to side lot-line that is set aside to shield or enhance views into the parking lot, establish coordination among diverse buildings, setbacks and uses, to define the street and access points, to retain the quality of the environment by providing appropriate vertical mass in keeping with dimensions of horizontal voids, and to diminish the presence of wires/poles, lights and other clutter along the public right-of-way.
(24) Building. “Building” means any structure having a roof supported by columns or walls, used or intended to be used for the shelter or enclosure of persons, animals or property. When such a structure is divided into separate parts by one or more unopened, continuous walls extending from the ground up, each part is deemed to be a separate building for the purpose of this Zoning Code, except with regard to minimum side yard requirements as provided in this Zoning Code.
(25) Building, height of. “Height of building” means the vertical distance from the average finished grade at the front wall of the building to the highest point of the coping of a flat roof, or to the deck line of a mansard roof, or to the mean height level between eaves and ridge for gable, hip and gambrel roofs excluding chimneys, vent pipes, lightning rods, crestings and antennae not regulated herein.
Building Height
(26) Building inspection. “Building inspection” means an examination of a new or existing building by an authorized building official or fire official for the purpose of determining the compliance of such structure with applicable building and fire codes.
(27) Building Inspector. See “Municipal Building Commissioner”.
(28) Building line. See “Setback line”.
(29) Building lot area. “Building lot area” means the part of the lot not included within the open areas required by this Zoning Code.
(30) Bulk storage or display. “Bulk storage or display” shall mean the display of two or more items which are identical or nearly identical examples of which would include but are not limited to raw materials, firewood, mulch, fertilizer, building materials, building maintenance products, packaged food products, soft drinks, salt products, furniture and household goods, statuary and other manufactured concrete products, and like items.
(31) Cellar. “Cellar” means a story, the floor of which is more than one-half of its story height below the average grade level at the exterior walls of the building. A cellar shall be counted as a story, for the purpose of height regulations, only if it is used for dwelling purposes by other than a janitor or caretaker employed on the premises.
(32) Cemetery. “Cemetery” means land used or intended to be used for the burial of the human dead and dedicated for cemetery purposes, including columbaria, crematories, mausoleums and mortuaries if operated in connection with and within the boundaries of such cemetery.
(33) Child day care. “Child day care”, as defined by Ohio R.C. § 5104.01, child day care means:
A. “Type A family day-care home” and “type A home” mean a permanent residence of the administrator in which child care or publicly funded child care is provided for seven to 12 children at one time or a permanent residence of the administrator in which child care is provided for four to 12 children at one time if four or more children at one time are under two years of age. In counting children for the purposes of this division, any children under six years of age who are related to a licensee, administrator, or employee and who are on the premises of the type A home shall be counted. “Type A family day-care home” and “type A home” do not include any child day camp.
B. “Type B family day-care home” and “type B home” mean a permanent residence of the provider in which child care is provided for one to six children at one time and in which no more than three children are under two years of age at one time. In counting children for the purposes of this division, any children under six years of age who are related to the provider and who are on the premises of the type B home shall be counted. “Type B family day-care home” and “type B home” do not include any child day camp.
(34) Clinic. “Clinic” means a licensed medical or dental facility in the State of Ohio used for the care, diagnosis and treatment of sick, ailing, infirm and injured persons who are not provided with board or room or kept overnight on the premises.
(35) Club. “Club” means a non-profit association of persons who are bona fide members that are organized for some common purpose or belief. Clubs shall exclude religious places of worship or groups organized solely or primarily to render a service customarily carried on as a commercial enterprise.
(36) Commercial communication antenna. “Commercial communication antenna” means a tower, pole or other similar device, erected on the ground or roof top, for the purpose of transmitting or receiving radio, micro, cellular, or other electromagnetic waves between terrestrially and/or orbitally based uses.
(37) Commercial entertainment. “Commercial entertainment” means a facility for any profit-making activity which is generally related to spectator entertainment such as motion picture theaters, stadiums, arenas, concert halls, and theaters for live performance.
(38) Commission. “Commission” means the Planning Commission.
(39) Condominium. “Condominium” means an arrangement under which a tenant in a building or complex of buildings holds full title to an individual unit and joint ownership in the common grounds.
(40) Convalescent home. “Convalescent home” means a building or group of buildings, public or private, which provides personal care or nursing to ill, physically infirm or aged persons who are not related by blood or marriage to the operator, after they leave the hospital but before they are released from observation and treatment.
(41) Convenience retail. See “Retail, convenience”.
(42) Council. “Council” means Council of Woodlawn.
(43) Court. “Court” means an open unoccupied and unobstructed space, other than a yard, on the same lot with a building or group of buildings, which space is enclosed on three or more sides by the buildings.
(44) Density. “Density” means the number of dwelling units per acre of land.
(45) Dental clinic. See “Clinic”.
(46) Development and research facility. “Development and research facility” means an establishment in which scientific research, investigation, prototype development and process development, testing or experimentation is conducted, excluding the manufacturing or sale of products, except as incidental and accessory to the main purpose of the laboratory.
(47) Display sign. See “Sign, display.”
(48) Distribution center. “Distribution center” means a facility engaged in the receipt, storage and distribution of goods, products, cargo and materials and where the goods, products, cargo or materials are stored in the facility for a period of not more than seven days.
(49) District. “District” means a portion of the Municipality within which certain uniform regulations and requirements or various combinations thereof apply under this Zoning Code.
(50) District, overlay. “Overlay district” means a district established by ordinance to prescribe special regulations to be applied to a site in combination with the underlying zoning district regulations.
(51) Drive-in or drive-through facility. “Drive-in or drive-through facility” means any portion of a building or structures from which business is transacted, or is capable of being transacted, directly with customers located in a motor vehicle during such business transactions.
(52) Driveway. “Driveway” means a private improved way providing access for vehicles from a road or alley to a garage, carport or dwelling that may also be used for off-street parking for vehicles for the dwelling occupants.
(53) Dwelling. “Dwelling” means any building or portion thereof designed or used exclusively as the residence or sleeping place of one or more persons, but not including a tent, cabin, house trailer, mobile home, boarding house, hotel or motel.
(54) Dwelling group. “Dwelling group” means a group of two or more detached buildings located on a parcel of land in one ownership and having a yard or court in common.
(55) Dwelling, attached. “Attached dwelling” means single-family dwelling attached to two or more one-family dwellings by common vertical walls, with each dwelling located on a separate lot. This type of use can include, but not be limited to: townhouses, row houses, condominiums, patio homes or other types of zero lot line dwellings.
(56) Dwelling, multi-family. “Multi-family dwelling” means a building or portion thereof designed for or used by three or more families or housekeeping units.
(57) Dwelling, secondary. “Secondary dwelling” means the addition of a second independent dwelling, attached or detached to the primary single-family dwelling, housing a relative related by blood or marriage on the same lot.
(58) Dwelling, single-family detached. “Single- family detached dwelling” means a building designed or used exclusively for residence purposes by one family or housekeeping unit, each dwelling being separated by open space or yards.
(59) Dwelling, two-family. “Two-family dwelling” means a building designed for or used exclusively by two families or housekeeping units, living independently of each other, with cooking and sanitary facilities in each dwelling unit.
(60) Dwelling unit. “Dwelling unit” means one room, or a suite of two or more rooms, designed for or used by one family for living and sleeping purposes and having at least one kitchen or kitchenette and at least one bathroom for the exclusive use of the occupying family.
(61) Educational Institution. “Educational institution” means a public or private facility that provides a curriculum of elementary or secondary academic instruction, including kindergartens, elementary schools, junior high schools, high schools and technical, vocational and collegiate level courses. For the purposes of this Zoning Code, a home school is not considered an educational institution.
(62) Essential services. “Essential services” means the erection, construction, alteration or maintenance, by public utilities or Municipal or other governmental agencies, of underground or overhead gas, electrical, steam or water transmission or distribution systems; collection, communication, supply or disposal systems, including poles, wires, mains, drains, sewers, pipes, conduits, cables, fire alarm boxes, police call boxes, traffic signals and hydrants; and other similar equipment and accessory items 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.
(63) Family. “Family” means one or more individuals occupying a dwelling and living as a single housekeeping unit under a common housekeeping plan based on an intentionally structured relationship providing organization and stability.
(64) Fence. “Fence” means a man-made barrier or divider intended to prevent escape or intrusion, to mark a boundary or to enclose an area. Such a barrier or divider usually consists of posts and wire or boards as its principal components.
(65) Financial institution. “Financial institution” means any building, property or activity of which the principal use or purpose of which is the provision of financial services including but not limited to banks, facilities for automated teller machines (ATMs), credit unions, savings and loan institutions and mortgage companies that are FDIC or NCUA insured. Check cashing, payday loan businesses or similar type facilities are not considered financial institutions.
(66) Floor area. “Floor area” means the sum of the gross horizontal areas of each floor of the principal building, measured from the exterior walls or from the center line of party walls, including the floor area of accessory buildings and structures.
(67) Frontage. “Frontage” means the horizontal distance between the side lot lines measured at the point where the side lot lines intersect the street right- of-way. On curvilinear streets, the arc between the side lot lines shall be considered the lot frontage. Where a lot abuts more than one street, the Board of Zoning Appeals shall determine the frontage for purposes of this Zoning Code.
(68) Frontage, where measured. The frontage of a lot shall be measured along the front property line, but may be modified in the case of a curvilinear street.
(69) Funeral home. “Funeral home” means any dwelling or other structure used and occupied by a professional licensed mortician for burial preparation and funeral services.
(70) Garage, private. “Private garage” means a detached accessory building or a portion of the principal building used only for the storage of passenger vehicles or other personal property owned by the family or families' resident upon the premises. A carport shall be construed to be a private garage.
(71) Garage, public. “Public garage” means a structure or portion thereof, other than a private garage, used for the temporary storage of motor vehicles or trailers which are accessory to a principally permitted use located on the same lot.
(72) Garden center or greenhouse. “Garden center or greenhouse” means a building whose roof and sides are made largely of glass or other transparent or translucent materials in which the temperature and humidity can be regulated for the cultivation of plant material for subsequent sale or for personal enjoyment. Retail sales of merchandise relating to lawn and gardening may also occur including the sale of seeds, grass seed, fertilizer, mulch, landscape stone, topsoil, straw and trees.
(73) Group home. “Group home” means any residential facility, licensed by the State of Ohio, designed to allow not more than eight persons, needing specialized care, counseling, ongoing medical treatment or supervision to live in the same building or complex of buildings and engage in some congregate activity in a non-institutional environment as regulated by Ohio R.C. Chapters 3722 and 5123.
(74) Hedge. “Hedge” means a growth of shrubbery planted to function as a boundary or fence.
(75) Home occupation. “Home occupation” means any occupation which is customarily incidental to the principal use of the premises and is conducted by a resident occupant that does not alter the exterior of the property or affect the residential character of the neighborhood.
(76) Hospital. “Hospital” means a building or portion thereof used for human in-patient medical or surgical care for the sick or injured and including related facilities such as laboratories, out-patient departments, training facilities, central service facilities, and staff offices that are an integral part of the facilities.
(77) Hotel. “Hotel” means a facility offering lodging accommodations, in individual rooms accessed through an interior corridor, on a daily rate to the public where additional accessory services such as restaurants, meeting rooms and fitness facilities may be an integral part of the facility.
(78) Impervious surface. “Impervious surface” means any hard-surfaced, man-made area that does not readily absorb or retain water, including but not limited to building roofs, parking and driveway areas, sidewalks and paved recreational facilities.
Impervious Surface
(79) Impervious surface ratio. “Impervious surface ratio” means a measure of the intensity of land use that is determined by dividing the total area of all impervious surfaces on the site by the total area of the site or lot.
(80) Industry. “Industry” means the storage, repair, manufacture, preparation or treatment of any article, substance or commodity for a commercial use.
(81) Industrial use. “Industrial use” means the assembly, fabrication or processing of goods and materials; or any operation or facility including buildings, equipment structures, or stationary items used for industrial purposes.
(82) Industrial use, light. “Light industrial use” means the assembly, fabrication, or processing of goods and materials using processes that ordinarily do not create noise, smoke, fumes, odors, glare, or health or safety hazards outside of the building or lot which such assembly, fabrication, or processing takes place, where such processes are housed entirely within a building, or where the area occupied by outdoor storage of goods and materials used in such processes does not exceed 25% of the floor area of all buildings on the property. “Light industrial” shall not include hazardous materials treatment and storage facilities, agricultural industries, plating or enameling, pilot plants, prototype production plants, abattoirs, tanning and fur finishing, or petroleum and gas refining.
(83) Kennel. “Kennel” means any lot or premises on which three or more dogs or cats, or any combination thereof, are housed, groomed, bred, boarded, trained or sold, or which offers provision for minor medical treatment, with the exception that a newborn unweaned litter of dogs and/or cats shall not be counted among the maximum amount of dogs or cats permitted in this paragraph.
(84) Kitchen. “Kitchen” means any room in a building or dwelling unit, which is used for cooking or the preparation of food.
(85) Living space. “Living space” means the space or spaces used or intended to be used for living, sleeping, eating or cooking, or a combination thereof, but not including bathrooms, toilet compartments, closets, halls, storage rooms, laundry and utility rooms, basement recreation rooms and similar spaces.
(86) Loading space. “Loading space” means an off-street space or berth on the same lot with a building it is providing service to, or contiguous to a group of buildings for the temporary parking of a vehicle while loading or unloading merchandise or materials, and which abuts upon a street, alley or other appropriate means of access.
(87) Lot. “Lot” means a piece or parcel of land occupied or intended to be occupied by a principal building or by a group of such buildings and accessory buildings, or utilized for a principal use and uses accessory thereto, together with such open spaces as are required by this Zoning Code, and having a frontage on a public street that has been improved, dedicated and officially accepted by the Municipality.
Lot(s)
(87) Lot area. “Lot area” means the computed area contained within the lot lines.
(88) Lot, corner. “Corner lot” means a lot abutting upon two or more streets at their intersection or upon two parts of the same street, such streets or parts of the same street forming an interior angle of less than 130 degrees. The point of intersection of the street lines is the corner. In all residential districts, a corner lot shall have two front yards.
(89) Lot depth. “Lot depth,” means the mean horizontal distance between the front and rear lot lines.
(90) Lot, interior. “Interior lot” means a lot other than a corner lot.
(91) Lot line. “Lot line,” means the property lines bounding the lot.
(92) Lot line, front. “Front lot line” means the line separating the lot from the street on which it fronts.
(93) Lot line, rear. “Rear lot line” means the lot line opposite and most distant from the front lot line.
(94) Lot line, side. “Side lot line” means 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.
(95) Lot line, street or alley. “Street or alley lot line” means a lot line separating the lot from a street or alley.
(96) Lot, flag (panhandle or dogleg). “Flag lot” (panhandle lot or dogleg lot) means a lot, being otherwise landlocked, having a portion of its area included in a narrow neck or peninsula extending to a frontage, usually for the purpose of providing private access into it.
(97) Lot, through. “Through lot” means a lot having frontage on two parallel or approximately parallel streets. Such lot shall have two front yards and no rear yard.
(98) Lot width. “Lot width,” means the mean width of the lot measured at right angles to its depth.
(99) Marijuana. “Marijuana” means marijuana as defined by R.C. § 3719.01.
(100) Master Plan. “Master Plan” means the long-range plan for the desirable use of land in Woodlawn, as officially adopted and as amended from time to time by the Planning Commission. The purpose of such Plan is, among other things, to serve as a guide in the zoning and progressive changes in the zoning of land to meet the changing needs in the subdivision and use of undeveloped land, and in the acquisition of rights- of-way or sites for public purposes, such as streets, parks, schools and public buildings.
(101) Manufacturing. “Manufacturing” means the process of making or fabricating raw materials by hand, machinery or the combination thereof into finished parts or products.
(102) Medical clinic. See “Clinic”.
(103) Medical marijuana. “Medical marijuana” means marijuana that is cultivated, processed, dispensed, tested, possessed, or used for a medical purpose.
(104) Medical marijuana cultivation facility. “Medical marijuana cultivation facility” means a facility at which medical marijuana is grown, harvested, packaged, and/or transported as authorized by R.C. Chapter 3796.
(105) Medical marijuana dispensary. “Medical marijuana dispensary” means an establishment that sells medical marijuana as authorized by R.C. Chapter 3796.
(106) Medical marijuana processing facility. “Medical marijuana processing facility” means a facility at which medical marijuana products as processed as authorized by R.C. Chapter 3796.
(107) Meeting or banquet hall. “Meeting or banquet hall” means a facility available for lease by private parties that may or may not include food and beverage service.
(108) Motel or motor hotel. “Motel” or “motor hotel” means a facility offering lodging accommodations, in individual rooms accessed from the parking area, on a daily rate to the public where additional accessory services such as restaurants, meeting rooms and fitness facilities may be an integral part of the facility.
(109) Motor vehicle filling station. “Motor vehicle filling station” means a building or other structure on a tract of land, used for the retail sale of gasoline or other motor vehicle fuels and oil for vehicles using the same fuel or lubrication. The sale of convenience goods, such a prepackaged foods and drinks, and sundries, may be permitted as an accessory use.
(110) Motor vehicle service station. “Motor vehicle service station” means a building or other structure on a tract of land where the following activities are permitted: dispensing oil, grease, antifreeze, tires, batteries and automobile accessories directly to users of motor vehicles, tuning engines, repairing wheels and brakes, waxing, polishing and other minor servicing and repair to the extent of the installation of the items enumerated in this paragraph. All other activities shall be prohibited, including, but not limited to, upholstering work, auto glass work, painting, welding, tire recapping, auto dismantling and auto sales.
(111) Nonconforming building. “Nonconforming building” means a building, structure or premises legally existing and/or used at the time of adoption of this Zoning Code (Ordinance 17-2013, passed 9-24-2013), or any amendment thereto, and which does not conform with the use regulations of the district in which it is located. Any such building, structure or premises conforming in respect to use but not in respect to height, area, yards, courts or distance requirements from more restricted districts or uses shall not be considered a nonconforming use.
(112) Nonconforming lot. “Nonconforming lot” means a lot which was lawfully created at the time of adoption of this Zoning Code (Ordinance 17-2013, passed 9-24-2013), but which does not conform to the minimum requirements specified for the zone in which it is located.
(113) Nonconforming use. “Nonconforming use” means any building or land lawfully occupied by a land use at the time of the adoption of this Zoning Code, or subsequent amendments thereto, which no longer conforms with the permitted uses or regulations of the district in which it is situated.
(114) Nursing home. “Nursing home” means a privately operated place of domicile or other facility, licensed by the State of Ohio, which offers skilled nursing and dietary care for persons who are ill or incapacitated, or service for the rehabilitation of persons who are convalescing from illness or incapacitation. See definition for Convalescent (rest home).
(115) Office, professional, administrative or business. “Professional, administrative or business office” means a building or portion of a building wherein services are performed involving predominately administrative, professional or clerical operations.
(116) Open space. “Open space” means land used for resource protection, recreation, amenity and/or buffers.
(117) Outdoor display. “Outdoor display” means an area of designated size, located on the outside of a building or structure, used for the display of merchandise, goods, wares or tangible property normally sold, rented or leased within the business on the property where the merchandise is displayed.
(118) Outdoor storage. “Outdoor storage” means the keeping, in an unenclosed area, of personal or business property, goods, junk, wares, or merchandise that relate to the use of the lot but are not located in that specific spot for customer viewing or immediate sale (see “outdoor display”), in the same place, for a period of more than 24 hours. See also “bulk storage or display”.
(119) Parcel. “Parcel” means any quantity of land and water capable of being described with such specificity that its location and boundaries may be established as distinct from other parcels which is designated by its owner or developer as land to be used or developed as a unit, or which has been used or developed as a unit.
(120) Park. “Park” means any land owned by a public agency and open for use by the general public for active or passive recreational purposes or as a refuge for wildlife.
(121) Parking area, private. “Private parking area” means an open area for the same uses as a private garage.
(122) Parking area, public. “Public parking area” means an open area, other than a street or other public way, used for the parking of automobiles and available to the public, whether for a fee or as an accommodation for clients and customers.
(123) Parking space. “Parking space”, means a permanently surfaced area exclusive of driveways or access drives, for the purpose of parking one motor vehicle.
(124) Performance standard. “Performance standard” means a criterion established in the interest of protecting the public health and safety for the control of noise, odor, smoke, noxious gases and other objectionable or dangerous elements generated by and inherent in or incidental to land uses.
(125) Personal service. “Personal service” means any for-profit enterprise which primarily offers services to the general public such as a health club, fitness facility, shoe repair, watch repair, barber shop, beauty parlor, laundromat, dry cleaner and similar activities. “Personal services” do not include sexually oriented business.
(126) Planned Unit Development (PUD). “Planned Unit Development (PUD)” is defined and regulated in Chapter 1288, Planned Unit Development.
(127) Profession. “Profession” means an occupation involving the dispensation of a service that involves either some skill or knowledge, or that requires connections to other businesses not easily or readily available to the general public.
(128) Public or semi-public uses. “Public or semi-public use” means any building, structure, facility, or complex used by the general public, whether constructed by any state, county or municipal government agency or agent thereof. This shall include, but not be limited to: government buildings, fire station, police station, post office, library, treatment plant, water tower, community or recreation center, or government maintenance facility.
(129) Recreation facility. “Recreation facility” means any land, building or structure that provides facilities for sports or leisure activities including, but not limited to: athletic fields, playgrounds, ball courts, picnic areas, bike/hike trails or swimming pools, amusement parks, ice skating rinks and rock climbing walls.
(130) Religious place of worship. “Religious place of worship” means a building for the assembly of a congregation of people regularly attending or holding religious services, meeting and other related activities.
(131) Residential use. “Residential use” means a home, abode, dwelling unit or place, where a family or individual(s) live; where such a place has areas for living and eating within the structure. This category includes but is not limited to single-family detached units, single-family detached units in clustered or zero lot line developments, multi-family units, and manufactured or mobile homes as well as uses such as bed and breakfast facilities, granny cottages, group homes, and day care/Type A.
(132) Restaurant. “Restaurant” means an eating establishment where food is prepared and served at counters or tables for consumption within a wholly enclosed building or off-premises.
(133) Restaurant, drive-in. “Drive-in restaurant” means an eating establishment where the primary function is the service of food prepared for consumption in motor vehicles on the premises, regardless of limited table space.
(134) Restaurant, drive-through. “Drive- through restaurant” means an eating establishment where a significant portion of business transactions are capable of being conducted, directly with customers located in a motor vehicle through a window in the building.
(135) Restaurant, fast food. “Fast food restaurant” means an eating establishment whose principal business is the sale of rapidly prepared food, directly to the consumer in a ready-to- consume state for consumption, either within the restaurant or off-premises, in an average preparation time of 240 seconds or less.
(136) Retail business. “Retail business” means any business selling goods, wares or merchandise directly to the ultimate consumer for direct consumption and not for resale.
(137) Retail, convenience. “Convenience retail” means a business that customarily provides prepackaged food products, and beverages for consumption off premises, newspapers, magazines, limited groceries and household items or other small scale retail items for sale to the general public.
(138) Retail showroom. “Retail showroom” means a building or portion of a building used for the display of products for sale to the general public related to the primary use of the property.
(139) Right-of-way. “Right-of-way (R.O.W.)” means land dedicated to, or owned by, the public for use as a roadway, walk or other way.
(140) Satellite dish. “Satellite dish” means an antenna used for the reception of television and other electronic signals, as regulated by § 1296.25, Satellite Dishes.
(141) Self storage warehouse. “Self storage warehouse” means a building containing varying sizes of individual, compartmentalized, and controlled access stalls, rooms, or lockers that are rented or leased to individuals, organizations, or businesses for the storage of personal property.
(142) Setback line. “Setback line” means the line beyond which no building or part thereof shall project, except as otherwise provided by this Zoning Code. “Setback line” shall include the front, side and rear yard setback lines.
Setback(s)
(143) Sexually oriented business. “Sexually oriented business” is a facility having a significant portion of its function as adult entertainment which includes the following listed categories:
A. Adult book store. An “adult book store” means an establishment deriving a majority of its gross income from the sale or rental of, or having a majority of its stock in trade in, books, magazines or other periodicals, films or mechanical or non- mechanical devices, which constitute adult materials.
B. Adult material. “Adult material” means any book, magazine, newspaper, pamphlet, poster, print, picture, slide, transparency, figure, image, description, motion picture film, phonographic record or tape, other tangible thing, or any service, capable of arousing interest through sight, sound, or touch and:
1. Which material is distinguished or characterized by an emphasis on matter displaying, describing, or representing sexual activity, masturbation, sexual excitement, nudity, bestiality, or human bodily functions or elimination; or
2. Which service is distinguished or characterized by an emphasis on sexual activity, masturbation, sexual excitement, nudity, bestiality, or human bodily functions or elimination.
C. Adult motion picture theater. “Adult motion picture theater” means an enclosed motion picture theater or motion picture drive-in theater used for presenting, and deriving a majority of its gross income from adult material for observation by patrons therein.
D. Adults only entertainment establishment. “Adults only entertainment establishment” means an establishment which features services which constituted adult material, or which features exhibitions of persons totally nude, or topless, bottomless, strippers, male or female impersonators, or similar entertainment which constitute adult material.
(144) Sign. Any device, structure, fixture, painting or visual image designed to be seen from an outdoor location and using graphics, symbols, letters or numbers for the purpose of conveying a message or advertising or identifying any establishment, product, goods or services.
Sign(s)
(145) Sign, area of. “Area of sign” means the total exterior surface, computed in square feet, of a sign having only one exposed exterior surface, or one- half the total of the exposed exterior surface, computed in square feet, of a sign having more than one surface.
(146) Sign, awning. “Awning sign” means a sign painted, attached, embossed or affixed to a fixed or retractable awning.
(147) Sign, banner. “Banner sign” means a sign of lightweight fabric, canvas, plastic or similar material that is temporarily mounted between or to a pole or building.
(148) Sign, billboard. “Billboard sign (signboard)” means a sign directing attention to a specific business, product, service, entertainment activity or other commercial activity offered, sold or conducted elsewhere than upon the lot on which the sign is located. Billboard signs are also referred to as off-premises signs.
(149) Sign, bulletin board. “Bulletin board sign” means an on-premises sign which is primarily intended to announce events that contain noncommercial messages.
(150) Sign, canopy. “Canopy sign” means a sign attached to the side, or underside of a canopy at a 90 degree angle to the street, intended for pedestrian visibility.
(151) Sign, changeable copy. “Changeable copy sign” means a sign or portion thereof where the message or graphic is not permanently affixed to the structure, framing or background and may be periodically replaced or covered over, manually or by electronic or mechanical devices.
(152) Sign, directional. “Directional sign” means a sign indicating a direction or location to which pedestrian or vehicular traffic is requested to move.
(153) Sign, display. “Display sign” means a structure that is arranged, intended, designed or used as an advertisement, announcement or direction, including a sign, billboard and advertising device of any kind.
(154) Sign, free-standing. “Free-standing sign” means a sign which is supported wholly by a pole or poles and is designed so as to permit at least six feet of visibility under the sign face.
(155) Sign, ground. “Ground sign” means a free-standing sign which has a supporting base designed as an integral part of the sign resting totally or primarily on the ground.
(156) Sign, identification. “Identification sign” means a sign which is primarily intended to indicate the name, owner, manager and/or address of an existing building or business.
(157) Sign, informational. “Informational sign” means a sign which presents miscellaneous information or instructions intended to serve the public, rather than to promote a business, product, political viewpoint or issue.
(158) Sign, political. “Political sign” means a sign advocating action on a public issue, indicating a candidate for public office, or expressing an opinion or belief.
(159) Sign, portable. “Portable sign” means a sign which is designed to be transported and is not physically attached to any part of a building or ground.
(160) Sign, projecting. “Projecting sign” means a sign erected on the outside wall of a building and which projects out at an angle greater than 0 degrees therefrom.
(161) Sign, real estate. “Real estate sign” means a sign directing attention to the promotion, development, construction, rental, sale or lease of a property on which it is located.
(162) Sign, roof. “Roof sign” means any sign erected upon and positioned completely or partially over the roof of any building.
(163) Sign, temporary. “Temporary sign” means a sign of any type, announcing special events of sales, to announce the sale, lease or rental of property and which is designed to be used for a specific period of time as established in Chapter 1292, Signs and Outdoor Advertising.
(164) Sign, wall. “Wall sign” means a sign attached to or displayed or painted on an exterior wall and in a manner parallel with the wall surface.
(165) Sign, window. “Window sign” means a sign painted on, attached to, or suspended directly behind or in front of a window or the glass portion of a door, that is intended to be viewed from the outside of a building.
(166) Site plan. “Site plan” means a plan, prepared to scale, showing accurately and with complete dimensions, the boundaries of a site and the location of all buildings, structures, uses and principal site development features proposed for a specific parcel of land.
(167) Storage warehouse. “Storage warehouse” means a building used primarily for the storage of goods and materials.
(168) Story. “Story” means that portion of a building between the surface of any floor and the surface of the floor next above it, or, if there is no floor above it, then the space between the floor and ceiling next above it.
(169) Story, first. “First story” means the lowest story or the ground story of any building, the floor of which is not more than 12 inches below the average contact ground level at the exterior walls of the building, except that any basement or cellar used for residence purposes, other than for a janitor or caretaker and his or her family, shall be deemed a first story.
(170) Story, half. “Half story” means a partial story under a gable, hip or gambrel roof, the wall plates of which on at least two opposite exterior walls are not more than four feet above the floor of such story. However, any partial story used for residence purposes, other than for a janitor or caretaker and his or her family, shall be deemed a full story.
(171) Story, mezzanine. “Mezzanine story” means a story which covers one-third or less of the area of the story directly underneath it. A mezzanine story shall be deemed a full story if it covers more than one-third of the area of the story directly underneath it.
(172) Street. “Street” means a public right-of-way which provides a public means of access for motor vehicles to abutting property. “Street” includes avenue, drive, circle, road, parkway, boulevard, highway, thoroughfare or any similar term.
(173) Structural alteration. “Structural alteration” means any change in the structural members of a building, such as walls, columns, beams or girders.
(174) Structure. “Structure” means anything constructed, the use of which required a permanent location on the ground or an attachment to something having a permanent location on the ground.
(175) Swimming pool. “Swimming pool” means a permanently constructed or portable water-filled enclosure, having a depth of more than 18 inches below the level of the surrounding land or an above surface enclosure having a depth of more than 30 inches, designed, used and maintained for swimming or bathing purposes.
(176) Tavern. See “Bar or tavern”.
(177) Thoroughfare plan. “Thoroughfare plan” means the Official Thoroughfare Plan of Woodlawn, as adopted by the Planning Commission, establishing the location and official right-of-way width of principal highways and streets in the Village, on file in the office of the Commission, dated October 5, 1970, together with all amendments subsequently adopted.
(178) Thoroughfare, primary or secondary. “Primary or secondary thoroughfare” means an officially designated Federal or State numbered highway, a County or other road or street designated as a primary thoroughfare on the Official Thoroughfare or Major Street Plan for the Municipality, or a County or other road or street designated as a secondary thoroughfare on such Plan, respectively.
(179) Trailer or mobile home. “Trailer” or “mobile home” includes automobile trailer, trailer coach or house trailer, and means any vehicle or structure constructed in such a manner as to permit occupancy thereof as sleeping quarters; the conduct of a business, trade or occupation; use as a selling or advertising device or use for storage or conveyance of goods, equipment or machinery, and so designed that it is to be mounted on wheels and used as a conveyance on highways and streets, propelled or drawn by its own or other motor power.
(180) Training center. “Training center” means a facility providing education and training involving job-related skills, certification or licensure.
(181) Truck transfer terminal. “Truck transfer terminal” means a facility where trucks load and unload cargo and freight and where the cargo and freight may be broken down or aggregated into smaller or larger loads for transfer to other vehicles or modes of transportation.
(182) Use. “Use” means the purpose for which land or a building or structure is arranged, designed or intended, or for which either land or a building or structure is or may be occupied or maintained.
(183) Use, accessory. See “accessory use” definition.
(184) Use, conditional. “Conditional use” means a use which is permitted in a district only if a Conditional Use Permit therefor is expressly authorized by the Planning Commission in accordance with § 1254.08, Conditional Use Permits.
(185) Use, principal permitted. “Principal permitted use” means a use which is permitted outright in a district for which a Zoning Permit may be issued by the Zoning Officer in accordance with § 1254.05, Zoning Certificate of Compliance.
(186) Variance. “Variance” means a modification of the strict terms of the relevant regulations where such modification will not be contrary to the public health, safety, or welfare and where, owing to conditions peculiar to the property and not the result of the action of the applicant, a literal enforcement of the regulations would result in unnecessary and undue hardship.
(187) Veterinary hospital. See “Animal hospital”.
(188) Woodlawn Building Commissioner. “Woodlawn Building Commissioner” means the Building Commissioner of the Municipality or his or her authorized representative.
(189) Woodlawn Engineer. “Woodlawn Engineer” means the Municipal Engineer of Woodlawn or his or her authorized representative.
(190) Yard. “Yard” means an open space on a lot, other than a court, unoccupied and unobstructed from the ground upward, except as otherwise provided in this Zoning Code.
Lot Examples
(191) Yard, front. “Front yard” means a yard extending the full width of the lot, the depth of which is the minimum horizontal distance between the front lot line and a line parallel thereto on the lot or the wall line of a structure. A lot that fronts on two streets and all corner lots in “R” Districts shall have two front yards.
(192) Yard, front; how measured. The depth of a front yard shall be measured from the right-of-way line of the existing street on which the lot fronts. However, if the proposed location of the right-of-way line of such street as established on the Thoroughfare Plan or on its related base map differs from that of the existing street, then the required front yard depth shall be measured from the right-of- way as designated on such Thoroughfare Plan or base map.
(193) Yard, rear. “Rear yard” means a yard extending across the full width of the lot, the depth of which is the minimum distance between the rear lot line and a line parallel thereto on the lot or the wall line of a structure, provided that on a corner lot, the rear yard shall be opposite the street frontage having the least width.
(194) Yard, side. “Side yard” means a yard extending from the front yard to the rear yard, the width of which is the minimum horizontal distance between the side lot line and a line parallel thereto on the lot or the wall line of a structure.
(195) Yard, side, least width; how measured. The least width of a side yard shall be measured from the nearest side lot line, and if the nearest side lot line is on a side street, such lot line shall be measured from the right-of-way line on the existing street. If the proposed location of the right-of-way line of the side street, as established on the Thoroughfare Plan or on the base map, differs from that of the side street as it exists, then the required side yard width shall be measured from the right-of-way of such street as designated on the Thoroughfare Plan or base map.
(196) Zoning Board of Appeals. “Zoning Board of Appeals” means the Board of Zoning Appeals of the Municipality.
(197) Zoning Map. “Zoning Map” means the Zoning Map of Woodlawn, including all amendments thereto.
(198) Zoning Officer. “Zoning Officer” means the Zoning Officer and/or Inspector of the Municipality or his or her authorized representative.
(199) Zoning Certificate. “Zoning Certificate” means a document or approval issued by the Zoning Officer authorizing buildings, structures or uses consistent with this Zoning Code and for the purpose of carrying out and enforcing its provisions. In any case, where a building permit is issued, the building permit also serves the function of the Zoning Certificate.
(200) Zoning Certificate of Compliance. “Zoning Certificate of Compliance” means a document issued by the Zoning Officer certifying that all required zoning regulations, and as may be amended by approved variance or conditions imposed, are in compliance with this Zoning Code and as may be amended from time to time.
(Ord. 17-2013, passed 9-24-2013; Ord. 13-2017, passed 6-27-2017)