(a) For purpose of this Zoning Code, certain terms are defined as indicated in this section. These definitions and all other provisions of this Code are subject to the following rules of interpretation:
(1) The present tense includes the past and future tenses and the future tense the present.
(2) The singular number includes the plural number and vice-versa.
(3) The word "shall" is mandatory.
(4) The masculine gender includes the feminine and neuter.
(5) All measured quantities shall be to the nearest integral unit of measure, and if a fraction is one-half or greater, the next highest integral unit shall be used.
(6) The term "person" shall refer to any person, firm, partnership, association, corporation or organization of any kind.
(7) Any term not herein defined shall be as defined elsewhere in the Codified Ordinances, or, if not defined elsewhere in the Code, as defined in Black's Law Dictionary, or, if not defined therein, as defined in Webster's New Collegiate Dictionary.
(b) Definitions.
(1) Accessory building: see "building, accessory".
(2) Accessory Living Unit: accessory structure which is located on the same residential parcel as a principal dwelling and which, as an ancillary use, provides living quarters, including full kitchen facilities, for the occupants of the principal dwelling or their tenants, domestic employees or temporary guests.
(3) Accessory structure: see "structure, accessory".
(4) Accessory use: see "use, accessory".
(5) Adult use: any commercial or recreational establishment from which minors are at all times excluded from admittance by virtue of their age, including adult bookstores, adult motion picture theatres, adult mini- motion picture theatres, adult drive-in theatres, adult massage parlors, adult modeling studios and eating and drinking places with sexually-oriented entertainment. Eating and drinking establishments that at no time have entertainment that is obscene or harmful to juveniles as defined by Ohio R.C. 2907.01(E) and (F), are not considered to be adult uses, nor are amusement arcades as are provided for under Chapter 729 of the Codified Ordinances of the City of Zanesville.
(6) Agriculture: the use of land for farming, dairying, pasturage, apiculture, horticulture, floriculture, viticulture, animal and poultry husbandry and the necessary accessory uses for packing, treating and storing the produce but not including the commercial feeding of garbage or offal to swine or other animals; provided that the operation of accessory uses shall be secondary to that of normal agricultural activities.
(7) Air Rights: the ability of a property owner to use, sell, or lease space located in the air directly above the land in their ownership.
(8) Airport: any public or private land area or other facility designed for the landing and take-off of aircraft, including all taxiways, hangars, airport buildings and other related structures and open spaces.
(9) Alley: a public or private right-of-way not constituting a street used primarily for secondary motor vehicle access to property abutting on a street.
(10) Alteration, structural: see "structural alteration".
(11) Amusement arcade: any place of business, which contains four or more mechanical amusement devices, as defined in Chapter 729 of the Codified Ordinances of Zanesville, which are available for use by the public
(12) Animal hospital: a building or portion thereof designed or used for the care, observation and medical treatment of animals commonly used as household pets.
(13) Antenna height: the height of an antenna measured from the ground level at the lowest grade level within three feet of any part of the antenna.
(14) Apartment hotel: "see hotel, apartment".
(15) Auction House: An enclosed establishment for the temporary storage and offered by an auctioneer of qualified property that is offered or sold to the highest bidder by means of a request or invitation for bids. For purposes of this description, the term "qualified property" means property of any kind belonging to another, but excluding animals, motor vehicles and business inventory to be liquidated following or in connection with the closing of a business.
(16) Automobile Laundry 'Car Wash': An establishment that provides for the washing, cleaning, waxing or detailing of vehicles, either by means of employees or by means of automated methods of cleaning, or by a combination hereof.
(17) Automobile Repair, Major: rebuilding or reconditioning of engines, motor vehicles or trailers; collision services including body, frame, or fender straightening or repair; overall painting or paint shop; as well as regular and routine maintenance on vehicles exceeding a gross vehicle weight rating (GVWR) of 12,000 pounds.
(18) Automobile Repair, Minor: regular and routine maintenance performed on vehicles rated at a gross vehicle weight rating (GVWR) of 12,000 pounds or less. For example: oil and lubrication, tune-ups, car washes, tire repair or replacement, mufflers, brakes, and alignment work.
(19) Automobile service station: a facility or premises primarily used for retail sale of fuels or oils for automobiles, trucks or boats and which may include as a secondary activity retail sale of tires, batteries and similar accessories and the making of repairs to vehicles or parts thereof that do not normally require storing such vehicles on the premises overnight.
(20) Automobile Title Loan: a business whose primary function is to lend money on the security of the title to a motor vehicle rather than on the security of the vehicle itself.
(21) Automobile wrecking yard: see "wrecking yard".
(22) Awning: a roof-like cover of any material, whether illuminated or not, that can be projected and retracted on a temporary or non-continuous basis from the wall of a building.
(23) Balcony: a platform enclosed by a wall or balustrade on the outside of a building, with access from an upper-floor window or door.
(24) Basement: that portion of a structure located partly underground but having less than half its clear floor-to-ceiling height below the mean average grade of the adjoining ground.
(25) Bedroom: any private room in a dwelling unit suitable for regular use for sleeping purposes. Bedrooms include rooms designated on development floor plans as dens, studies or libraries but exclude living rooms, family rooms, dining rooms, kitchens, bathrooms, laundry rooms and mud rooms. Any room designated as other than a bedroom but which in the judgment of the Zoning Administrator would normally be usable for sleeping purposes shall be considered a bedroom.
(26) Block: a tract of land bounded by streets or by a combination of one or more streets and public parks, cemeteries, railroad rights-of-way, bulkhead lines or shore lines of waterways, or corporate boundary lines.
(27) Blood Plasma Center: a building used for the collection of human blood plasma from plasma donors. This use does not include a facility for the provision of medical care or treatment or mobile blood banks.
(28) Boarding house: see "rooming house".
(29) Building: any structure permanently affixed to the land and constructed or used for the shelter, enclosure or protection of persons, animals or property.
(30) Building, accessory: a building that is an accessory use.
(31) Building, completely enclosed: a building separated on all sides from the adjacent open space or from other buildings or structures by a permanent roof and by exterior walls having only windows and normal entrance or exit doors, or by party walls.
(32) Building, detached: a principal building surrounded by open space.
(33) Building frontage: the linear length of the front wall of a building; excluding walls that abut loading areas and service drives exclusively.
(34) Building height: the vertical distance measured from the mean average ground level at the front building line of a principal or accessory building to the highest point of the underside of the ceiling beams in the case of a flat roof, to the deck line of a mansard roof, or to the mean level of the underside of rafters between the eaves and the ridge of a gable, hip or gambrel roof. Chimneys, spires, towers, elevator penthouses, tanks and similar projections shall not be included in calculating building height.
(35) Building line: the line parallel, or nearly parallel, to a lot line that separates all parts of a building from open space adjacent thereto on the same lot.
(36) Building, principal: a non-accessory building in which is conducted the principal use of the lot on which it is located.
(37) Building, temporary: a building that is established for a period of less than one year and is removed within that time period.
(38) Business park: a special or exclusive type of planned business area designed and equipped to accommodate a community of manufacturing, showroom, warehousing, research or similar industrial uses together with substantial office development related thereto.
(39) Camp Ground: Any lot or tract of land used, or intended to be used, for the renting of space to accommodate two or more recreational vehicles or tents.
(40) Canopy: a roof-like structure that projects permanently and continuously from the exterior wall of a building or from a free standing support.
(41) Car wash: see "automobile laundry".
(42) Cellar: that portion of a building located partially or wholly underground and having more than half its clear floor-to-ceiling height below the mean average grade of the adjoining ground.
(43) Changeable copy sign: see "sign, changeable copy".
(44) Changing sign: see "sign, changing".
(Ord. 18-78. Passed 7-23-18.)
(44.1) Chief Building Official: means the Chief Building Official for the City of Zanesville, or his/her designated agent.
(Ord. 18-139. Passed 1-28-19.)
(45) Clinic: a place where two or more physicians, dentists or similar professionals provide care, diagnosis and treatment of persons needing medical, dental or surgical attention but where in-patient care is not provided.
(46) Club, health: any establishment providing physical culture or health services, including health clubs, racquetball or tennis clubs, reducing salons and tanning salons.
(47) Club or lodge, private: a nonprofit association of persons who are bonafide members paying dues which owns or leases premises the use of which is restricted to members and their guests.
(48) Commercial vehicle: a motorized vehicle other than a passenger car, passenger van or recreational vehicle used by a household for noncommercial personal or family transportation, for recreation, or for van pooling or ride-sharing use. Commercial vehicles include commercial trucks, buses, buses used as recreational vehicles, commercial vans, tractors, semi-trailers, motorized farm vehicles and earth-moving equipment.
(49) Common open space: see "open space, common".
(50) Comprehensive plan: the officially adopted plan for the physical development, conservation and redevelopment of the City.
(51) Conditional public use: see "use, conditional public".
(52) Conditional use: see "use, conditional".
(53) Conditional use permit: see "permit, conditional use".
(54) Corner lot: see "lot, corner".
(55) Corner side lot line: see "lot line, corner side".
(56) Corner side yard: see "yard, corner side".
(57) Court: any open space other than a yard bounded on two or more sides by the walls of one or more buildings.
(58) Court, inner: a court bounded on more than three sides by the walls of one or more buildings.
(59) Court, outer: a court that is not an inner court.
(60) Curb level: the height of the established street curb abutting a street line measured at the midpoint of such line. Where no curb has been established, the curb level shall be considered to be the established level of the surface of the street abutting the street line measured along the street center line opposite the midpoint of the street line. On lots abutting more than one street line, the average of the measurements at the midpoints of all street lines shall determine the curb level.
(61) Curie: a unit of radioactivity equal to three and seven-tenths multiplied by ten to the tenth power disintegrations per second.
(62) Current plat of survey: see "plat of survey, current".
(63) Day care center, child: a facility that receives more than seven children at any one time for daytime care and that provides personal care, protection, supervision, training and other programs.
(64) Child day care centers exclude:
A. Kindergartens and other programs run by public or private schools or churches;
B. Centers conducted on federal, State or local government premises;
C. Facilities operated in connection with a shopping center or other facilities where children are cared for while their parents or custodians are in the vicinity and readily available; and
D. Special activities conducted periodically by civic, charitable and government organizations.
E. "Type B Family Day-Care home" means a permanent residence in which childcare 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 designation, any children under six years of age who are related to the day-care operator and who are on the premises of the type B home shall be counted.
(65) Decibel: a unit of measurement of the intensity or loudness of sound.
(66) Deck: construction attached to a building open to the sky with floor materials built at an elevation above natural grade.
(67) Density: the number of dwelling units per acre of land. "Gross density" refers to the number of units per acre of the total land to be developed. "Net density" refers to the number of units per acre of land devoted to residential use.
(68) Directional sign: see "sign, directional".
(69) Display board: see "sign, message board".
(70) Dog kennel: see "kennel".
(71) Dog run, enclosed: an outdoor area enclosed on all sides by a fence for the exclusive purpose of continuous or occasional confinement of one or more animals commonly kept as household pets.
(72) Dog Run, open: an outdoor area, which is not enclosed on all sides by a fence, but does provide restricted travel for one or more animals commonly kept as household pets and is used exclusively for this purpose.
(73) Double-frontage lot: see "lot, double-frontage".
(74) Drip line: the perimeter formed by the points furthest away from the trunk of a tree where precipitation falling from the branches of that tree lands on the ground.
(75) Drive-in establishment: an establishment at which patrons may be served without leaving their motor vehicle. Any restaurant, bank, dry cleaning establishment or other business having drive-up or curb service facilities shall be considered a drive-in establishment.
(76) Drive-in restaurant: see "restaurant, drive-in".
(77) Drug store/pharmacy: a general retail establishment that also provides controlled substances and medicines that requires a doctor prescription to obtain and/or purchase.
(78) Dwelling: a building or portion thereof designed or used as a residence, including model homes but excluding boarding or lodging houses, nursing homes, motels, hotels, tourist homes, cabins, tents and recreational vehicles.
(79) Dwelling, efficiency: see "efficiency unit".
(80) Dwelling, multi-family: a building consisting of three or more dwelling units.
(81) Dwelling, single-family: a residential building consisting of one unit.
(82) Dwelling, single-family attached: a single-family dwelling attached to one or more other single-family dwellings by one or more common vertical walls with each dwelling located on a separate lot.
(83) Dwelling, single-family detached: a single-family dwelling separated from other dwelling units by open space.
(84) Dwelling, two-family: a building consisting of two dwelling units.
(85) Dwelling, townhouse: a dwelling unit that is attached to one or more other dwelling units on the same lot and that has an individual private ground-level entrance to the outside and no portion of which is located above any other unit or portion thereof.
(86) Dwelling unit: space within a building designed or used exclusively as living quarters for one family, its household employees, and not more than two boarders or roomers, and which includes cooking, bathing and toilet facilities.
(87) Easement: a right possessed by one or more parties to use the land or air above the land belonging to another party for a special purpose or purposes.
(88) E-Commerce: The activity of buying or selling products online or over the internet.
(89) E-Commerce & Distribution Facility: The activity of selling items and products online and warehousing & distributing such items from the same facility and/or location. This is not the same as a "Warehouse & Distributing Center" use.
(90) Educational institution: see "institution, educational".
(91) Efficiency unit: a dwelling unit consisting of just one principal room together with bathroom, kitchen, hallways, closets and/or dining alcove, and which does not include a bedroom as defined herein.
(92) Embellishment: see "sign embellishment".
(93) Erect: to build, construct, locate, hang, attach, manually place, suspend or affix, including the initial painting of all signs.
(94) Expressway: a highway that is part of the federal system of interstate and defense highways under the Federal-Aid Highway Act of 1956 or any other highway designated as an expressway in any adopted City Plans.
(95) Facing: see "sign facing".
(96) Family: one or more persons, together with not more than two domestic servants and not more than two roomers, boarders or permanent paying or nonpaying guests, who live together in a single dwelling unit and constitute a single household in which members share common kitchen facilities and have access to all parts of the dwelling.
(97) Fence: an artificially constructed barrier of any material or materials erected to enclose, screen or decorate areas of land. Fences include walls, hedges and earth berms meeting this definition.
(98) Fence height: the height of a fence, hedge or wall measured from the ground level at the lowest grade level within three feet of either side thereof.
(99) Fence, open: a fence, including entrance and exit gates, designed and constructed so that the surface area of any segment of such fence contains at least seventy percent (70%) open spaces and thirty percent (30%) or less solid materials.
(100) Fence, solid: a fence that is not an open fence.
(101) Festoons: a string of light bulbs not shaded or hooded to prevent their being visible at the property line, or of ribbons, tinsel, pinwheels, banners, pennants or similar devices that is hung outside a structure but is not an integral part thereof.
(102) Fireproof container: an enclosure designed to prevent the release of radioactive materials that is made of steel or concrete or similar materials but not of lead or other low melting metals or alloys unless completely encased in steel or concrete.
(103) Flashing sign: see "sign, flashing".
(104) Floor area: the sum of the gross horizontal area of space contained on all floors measured in square feet from the exterior faces of the exterior walls of each building, or from the center line of party walls separating two buildings. Floor area includes space in accessory buildings; all cellar, basement and attic space; and space for stairs, elevators, maintenance areas and equipment areas except as provided in the definitions herein of "floor area, gross" and "floor area, net". For structures devoted to bulk storage of materials, every ten feet of building height shall be considered as one floor for purposes of calculating floor area.
(105) Floor area, gross: a measure of floor area, as defined herein, used for purposes of calculating floor area ratio, conversions of existing structures and maximum size of business establishments. Gross floor area is floor area excluding only:
A. Areas devoted to off-street parking or off-street loading, including aisles, ramps and maneuvering space;
B. Attic or half-story space having headroom of seven feet nine inches or less;
C. Exterior balconies; and
D. Space on the roof used for mechanical equipment.
(106) Floor area, net: a measure of floor area as defined herein and used for purposes of calculating off-street parking and off-street loading requirements. Net floor area is floor area excluding only:
A. Areas devoted to off-street parking or off-street loading, including aisles, ramps and maneuvering space;
B. Areas devoted primarily to storage and not located within selling or working spaces, except for facilities such as warehouses where the principal use is storage;
C. Basement or cellar areas not devoted to retailing activities, offices, or production or processing of goods;
D. Elevator shafts, stairs and stairwells;
E. Maintenance shafts and rooms;
F. Washrooms;
G. Display windows; and
H. Fitting rooms.
(107) Floor area ratio: the total floor area, as defined herein, of all buildings on a lot divided by the area of the lot.
(108) Free-standing sign: see "sign, free-standing".
(109 Frequency: the number of oscillations per second in a sound wave, a measure of the pitch of the resulting sound.
(110) Frontage: the length of any street line.
(111) Frontage, building: see "building frontage".
(112) Frontage, lot: see "frontage".
(113) Front lot line: see "lot line, front".
(114) Front setback: see "yard, front".
(115) Front wall: see "wall, front".
(116) Fuel Storage, bulk: A facility for the storage of large liquid fuel containers, above or below ground level, for distribution.
(117) Funeral home: see "mortuary".
(118) Game room: any premise where there are available to the public three or less coin-operated amusement devices, excluding vending machines that do not incorporate gaming or amusement features and excluding coin- operated musical devices.
(119) Garage: a structure or part thereof used or designed to be used primarily for the enclosed parking or storage of motor vehicles, boats or trailers, but excluding exhibition areas, showrooms or other facilities for display of such vehicles in shows or exhibits or in connection with their being offered for sale, rent or lease.
(120) Garage, public: any building or premise, other than a wrecking yard as defined herein, where more than one motor vehicle is stored for compensation.
(121) Garage sale: see "yard sale".
(122) Garage, storage: a building used only for the housing of motor vehicles pursuant to previous arrangements and not by transients, and where no equipment or parts are sold and vehicles are not rebuilt, serviced, repaired, hired or sold, except that fuel, grease or oil may be dispensed within the building to vehicles stored therein.
(123) General retail: a store selling goods and services not otherwise defined in this code.
(124) Grade: the average level of the finished surface of the ground adjacent to the exterior wall of the building that is closest to the front lot line, where such wall is more than five feet from a street line. For buildings closer than five feet to a front lot line, the grade is the sidewalk elevation at the center of the front lot line. Where there is no sidewalk, or in the case of a through lot, the grade shall be established by the City Public Service Director.
(125) Ground-floor area: the lot area covered by a building measured from the exterior faces of exterior walls but excluding open porches, patios or terraces, garages or carports.
Group home" means a nonhospital residential facility housing more than three persons not related by blood, marriage or adoption to the owner who need protective custody or psychological counseling or treatment and that are provided twenty-four hour supervision or care while on the premises, or a home providing temporary shelter or protection operated by a bona fide nonprofit organization recognized by the Internal Revenue Service.
(126) Half story: see "story, half".
(127) Hedge: planted vegetation, including trees, shrubs or other natural vegetation, that is planted in close proximity or clustered together and that has a surface area that obstructs the view.
(128) Height, building: see "building height".
(129) Height, fence: see "fence height".
(130) Height, sign: see "sign height".
(131) Home occupation: a gainful pursuit conducted by one or more members of a family within their place of residence and that is subject to the provisions herein concerning home occupations.
(132) Hospital: an establishment that provides accommodations, facilities and services over a continuous period of twenty-four hours or more for observation, diagnosis and care, of two or more individuals not related by blood, marriage, or adoption to the operator, who are suffering from illness, injury, deformity or abnormality, or from any condition requiring obstetrical, medical or surgical services.
(133) Hotel: a building containing lodging rooms, a general kitchen and dining room, a common entrance lobby, halls and stairways; and where each lodging room does not have a doorway opening directly to the outdoors except for emergencies; and where more than fifty percent (50%) of the lodging rooms are for rent to transient guests for a continuous period of less than thirty days.
(134) Hotel, apartment: an establishment having the character of a hotel but in which at least fifty percent (50%) of the accommodations are for occupancy by guests staying thirty consecutive days or more.
(135) HUD Code manufactured home: see "manufactured home, HUD Code".
(136) Identification sign: see "sign, identification".
(137) Illuminated sign: see "sign, illuminated".
(138) Industrial park: a special or exclusive type of planned industrial area designed and equipped to accommodate a community of industries.
(139) Institution, educational: a public or private school, college, university, seminary, museum, library or similar educational or cultural establishment.
(140) Institution, philanthropic and charitable: means an office or meeting hall used exclusively by a nonprofit public service organization.
(141) Institution, religious: a church, synagogue, temple, convent, monastery or other premises devoted to religious or church-connected activities.
(142) Institution, recreational: a public or private facility for group recreational or social activity, including private clubs, lodges, recreation buildings and community centers.
(143) Interior lot: see "lot, interior".
(144) Junkyard: an open area where waste or used or second-hand materials are bought, sold, exchanged, stored, baled, packed, disassembled or handled, including scrap iron and other metals, paper, rags, rubber tires and bottles. A wrecking yard is considered a junkyard, but uses carried on entirely within enclosed buildings and establishments engaged only in the processing of scrap metal to be sold for the manufacture of steel are not considered junkyards.
(145) Kennel: any lot or premises on which four or more animals commonly used as household pets that are more than four months of age are bred, groomed, boarded, trained or sold for commercial or humane purposes and which offers provisions for minor medical treatment, including animal shelters.
(146) Livestock: any animal commonly associated with agriculture, including all varieties of cattle, sheep, goats, poultry, swine, and equine.
(147) Loading space, off-street: a completely off-street space or berth located on the same lot, except as otherwise permitted herein, for the loading or unloading of freight carriers, having adequate ingress and egress to a public street or alley.
(148) Lodging room: a room rented as sleeping or living quarters, but without cooking facilities and with or without an individual bathroom. In the case of a suite of rooms, each room shall be counted as one lodging room.
(149) Lot: a parcel of land under the same ownership or control (whether legally so described or subdivided as one or more contiguous parcels or parts of parcels) located within a single block, occupied by or suitable for occupancy by one principal building, and having its principal frontage upon a dedicated public street.
(150) Lot area: the area of a lot within its front, rear and side lot lines.
(151) Lot, corner: a lot located at the intersection of two or more streets, or a lot located at the point where the alignment of a single street curves or changes; provided that an interior angle of not more than 135 degrees is created by the right-of-way lines of the abutting street or streets, or, in the case of a curving right-of-way, by straight lines projected tangent to the curve from the points of intersection between the curve and the lot lines.
(152) Lot depth: the mean average of the lengths of the side lot lines on either side of a lot.
(153) Lot, double-frontage: a through lot abutting only two streets.
(154) Lot, interior: a lot other than a corner lot.
(155) Lot line: a property boundary line of any lot, except that where any portion of a lot extends into an abutting street or alley the lot line shall be deemed to be established at the existing street or alley right-of-way line.
(156) Lot line, corner side: any street line that is not a front lot line.
(157) Lot line, front:
A. The only street line bordering a lot; or
B. Otherwise, if the lot is a through lot, every street line; or
C. Otherwise, if the lot is a corner lot:
1. The shortest street line; or
2. Otherwise, if more than one street line is the shortest:
a. The lot line designated as the front lot line on a plat of dedication or plat of subdivision; or
b. Otherwise, the lot line designated as the front lot line by the Public Service Director.
(158) Lot line, rear: that lot line which is most distant from and is, or is approximately, parallel to the front lot line. If the rear lot line is less than ten feet in length, or if the lot forms a point at the rear, the rear lot line shall be deemed to be a line ten feet in length within the lot, parallel to and at the maximum distance from the front lot line.
(159) Lot line, side: any lot line that is not a front or rear lot line.
(160) Lot of record: a lot that is part of a subdivision, the plat of which was recorded in the office of the County Recorder, or a parcel of land the deed to which was recorded in the office of such Recorder, prior to the adoption of this section.
(161) Lot, reversed corner: a corner lot that is a reversed frontage lot.
(162) Lot, reversed frontage: a lot with a front lot line at right angles or approximately right angles to the general pattern of front lot lines in the block.
(163) Lot, through: an interior lot with frontage on more than one street.
(164) Lot width: the width of a lot measured along a line parallel to the front lot line located at the setback line established by the applicable front yard requirement of this Code.
(165) Machinery Sales: A facility for the display, sale and rental of tools, heavy machinery, dump trucks or commercial and heavy equipment, such as those used in building construction, farming, restaurants or manufacturing.
(166) Manufactured home: a factory-produced dwelling unit designed and used exclusively for long-term residential occupancy that is built on a permanent chassis, is transportable in one or more sections, and is ready for occupancy at the building site except for minor and incidental unpacking, assembly and connection operations. This term shall not include units using prefabricated sub-elements requiring major on-site combination or installation that do not otherwise meet the requirements of this definition.
(167) Manufactured home, HUD Code: a manufactured home fabricated after June 14, 1976, and certified by the U.S. Department of Housing and Urban Development as conforming to regulations authorized by Title IV of the National Manufactured Housing Construction and Safety Standards Act of 1974 (42 U.S.C. secs. 5401-5426).
(168) Manufactured home park: any lot or tract of land other than a manufactured home subdivision or manufactured home sales or storage lot upon which three or more manufactured homes used for long-term residential occupancy are located.
(169) Manufactured home subdivision: a subdivision of three or more lots designed and intended for residential use exclusively by manufactured homes on permanent foundations with wheels, tongue, lug bolts and hitch, if any, permanently removed and wherein each lot occupied by a manufactured home is owned by the owner of the manufactured home situated thereupon.
(170) Marquee: see "canopy".
(171) Marquee sign: see "sign, canopy".
(172) Massage and Massage Services: Includes any method of pressure on or friction against, or stroking, kneading, rubbing, tapping, pounding, manipulation, or stimulating the external parts of the body, with or without the aid of any mechanical or electrical apparatus or appliances, with or without supplementary aids such as rubbing alcohol, liniments, antiseptics, oils, powders, creams, lotions, ointments, or other similar preparations.
(173) Mental health center: any institution providing in-patient or out-patient care or therapy for the mentally ill, developmentally disabled, alcoholics, abusers of controlled substances or others needing psychological therapy but which does not serve as a residence for such individuals.
(174) Mobile home: see "manufactured home".
(175) Model Home: A finished residential unit or home in a new subdivision or residential development used to sale other units on a temporary basis until the development is sold out.
(176) Mortuary: an undertaking establishment or funeral parlor which may include a single residence as an accessory use.
(177) Motel: a building containing lodging rooms each of which has an individual adjoining bathroom that is designed primarily for transient automobile travelers with a parking space on the lot for each lodging unit and where more than fifty percent (50%) of the lodging rooms are for rent for a continuous period of less than thirty days.
(178) Motor freight terminal: a building or premises the principal use of which is the receipt of freight for forwarding or trans-shipment or the dispatching of freight by motor vehicle.
(179) Motor vehicle: any self-propelled wheeled vehicle designed primarily for transportation of persons or goods along public streets.
(180) Moving sign: see "sign, moving".
(181) Multi-family dwelling: see "dwelling, multi-family".
(182) Name plate: see "sign, name plate".
(183) Net floor area: see "floor area, net".
(184) Net lot area: see "lot area".
(185) Nightclub: means an establishment serving alcoholic beverages and food and which recurrently features dancing, entertainment, singing, or live music.
(186) Nonconformity: any characteristic of a use, building, structure or lot that was lawful prior to the effective date of this Code or of any amendment thereto but which does not conform to all applicable requirements therein.
(187) Nonconformity, activity: any activity or function lawfully carried on at the premises at the time of enactment of this Code but that is not thereafter allowed by the permitted and conditional uses of the zoning district in which the premises are located.
(188) Nonconformity, design: the design or intended use of all or substantially all of a premises for any use not allowed by the permitted and conditional uses of the zoning district in which it is located, irrespective of the nature of the activities carried on at that premises.
(189) Nonconformity, standards: any nonconformity other than an activities or design nonconformity.
(190) Nursing home: an establishment providing full-time convalescent or chronic care or both for three or more individuals not related by blood, adoption or marriage to the operator and which does not provide care for surgical or medical cases commonly treated in hospitals.
(191) Obstruction: any building, structure or object, or part thereof, located in the way of any yard or open space required by this Code, excluding trees and shrubs.
(192) Octave band: all the frequencies between a given frequency and double that frequency.
(193) Octave band filter: means an electrical frequency analyzer designed according to standards formulated by the American National Standards Institute and used in conjunction with a sound-level meter to take measurements in specific octave intervals.
(194) Odor threshold value means the minimum concentration of odorous material in air that can be detected by the normal human nose as determined by the American Society for Testing and Materials Method D1391-57 Standard Method for Measurement of Odor in Atmospheres (Dilution Method) or its equivalent.
(195) Off-street loading space: see "loading space, off-street".
(196) Off-street parking space: see "parking space, off-street".
(197) On-premise sign: see "sign, on premise".
(198) Open fence: see "fence, open".
(199) Open sales lot: open land that is used or occupied for the purpose of buying and selling merchandise, passenger cars, trucks, motor scooters, motorcycles, boats, nursery plants or supplies, or monuments, or for the storing of same prior to sale thereupon, and that is provided with a surface of asphalt, concrete or the equivalent and is drained to dispose of all surface water.
(200) Open space: uncovered area open to the sky on the same lot with a building.
(201) Open space, common: net site area in a planned unit development that is not covered by buildings or pavement that is permanently set aside for the common use and enjoyment of the residents or businesses within a development or for the community at large and the preservation and perpetual maintenance of which is assured by dedication to the City or other satisfactory legal arrangement. Common open space may include parks, playgrounds and tot lots; parkway medians; landscaped green space; natural lakes, ponds and streams; and seventy-five percent (75%) of dry and fifty percent (50%) of wet storm water retention or detention basins. Common open space shall not include street rights-of-way or off-street parking or loading areas.
(202) Parapet: that portion of a wall that extends above the roof.
(203) Parking space depth: the longer of the two dimensions of a rectangular parking space. In the case of a space that is not rectangular, the depth shall be the length of the largest imaginary rectangle that can fit within the space.
(204) Parking space width: the shorter of the two dimensions of a rectangular parking space. In the case of a space that is not rectangular, the width shall be the width of the largest imaginary rectangle that can fit within the space.
(205) Parking space, off-street: an area outside of any public street or alley right-of-way that is adequate for parking an automobile with room for opening doors on both sides together with maneuvering room and properly related access to a public street or alley.
(206) Particulate matter: material, other than steam or water vapor, suspended in or discharged into the atmosphere in finely divided form as a liquid or solid at atmospheric pressure and temperature.
(207) Party wall: a wall starting from the foundation and extending continuously through all stories to or above the roof that separates one building from another and that is in joint use by each building.
(208) Patio: a horizontal area located at existing grade and used for other than vehicular purposes, which is without roof or walls and surfaced with wood, masonry, stone, brick, block or other such material.
(209) Performance standard: a criterion to control noise, odor, smoke, toxic or noxious matter, vibration, fire, and explosive hazards, glare, heat or other effects generated by or inherent in uses of land or buildings.
(210) Permit, conditional use: a permit required for the use of land, water or buildings as a conditional use received only after approval by the Board of Zoning Appeals of an application for a conditional use.
(211) Permitted public use: see "use, permitted public".
(212) Permitted use: see "use, permitted".
(213) Philanthropic and charitable institution: see "institution, philanthropic and charitable".
(214) Planned unit development: a tract of land of two acres or more initially under the same ownership or control that is or shall be developed with more than two principal use buildings as an integral unit based on a plan that allows for more flexible standards than would normally apply in order to provide a higher quality of design and amenity than would otherwise be possible.
(215) Plat of survey, current: a plat prepared by a licensed surveyor containing the legal description of the premises thereon and showing:
A. The boundary lines of the property; and
B. The locations of all improvements and monuments there; and
C. All encroachments; and
D. The boundaries of all existing streets, easements, rights-of-way and areas dedicated to public use within 200 feet of the property; as all of the foregoing exist as of the date of filing.
(216) Porch: an exterior appendage to a building, forming a covered approach or vestibule to a doorway.
(217) Outdoor Recreation: An outdoor facility or area for sport, entertainment, games of skill, or recreation that is open to use by the general public for a fee. This use includes without limitation game courts, water slides, golf courses, outdoor miniature golf courses, drive-in theaters, batting cages, practice/instructional fields, amusement parks, amphitheaters, and sports events.
(218) Outdoor Storage: The use of a significant portion of a lot or area for the long term retention (more than twenty-four hours) of materials and machinery or equipment, regardless of whether the materials, machinery or equipment are to be bought, sold, repaired, stored, incinerated, or discarded. The term includes the storage of self-contained cargo containers that have not been converted into a permanent building, but does not include new or used motor vehicle sales and rental display, nor does it include accessory and incidental parking of vehicles for residents, guests, customers or employees in connection with a principal use.
(219) Pawnshop: means the location or premises at which a pawnbroker is licensed to regularly conduct the pawnbroker's business
(220) Premises: any improved or unimproved property.
(221) Principal building: see "building, principal".
(222) Principal use: see "use, principal".
(223) Projecting sign: see "sign, projecting.
(224) Radiation hazards: the harmful effects of all radiation capable of producing ions in their passage through matter, including electromagnetic radiations such as x-rays and gamma rays and particulate radiations such as electrons or beta particles, protons, neutrons and alpha particles.
(225) Real estate sign: see "sign, real estate".
(226) Rear lot line: see "lot line, rear".
(227) Rear yard: see "yard, rear".
(228) Recreational institution: see "institution, recreational".
(229) Recreational vehicle: a vehicle primarily designed as temporary living quarters in conjunction with recreation, camping or travel use which either has its own motive power or is mounted on or drawn by another vehicle, including travel trailers, fifth wheel travel trailers, camping trailers, truck campers, boats on or off trailer, motor homes or any similar vehicle.
(230) Refuse: all waste products resulting from human activity except sewage.
(231) REM: means a quantity of ionizing radiation that, when imparted to a biological system, has the same effect as an absorbed dose of one roentgen of x-rays per gram of living matter.
(232) Religious institution: see "institution, religious".
(233) Research laboratory: a building or buildings housing facilities for scientific research, investigation, testing or experimentation but not primarily housing facilities for the manufacture, sale or storage of products.
(234) Restaurant, drive-in: a restaurant that is a drive-in establishment as defined herein.
(235) Rest home: see "nursing home".
(236) Reversed corner lot: see "lot, reversed corner".
(237) Reversed frontage lot: see "lot, reversed frontage".
(238) Right-of-way: a strip of land used for passage of motor vehicles, railroads or pedestrians or for the location of utility or communications lines. An access easement shall not be considered a right-of-way.
(239) Right-of-way, public: a right-of-way as defined herein dedicated to or owned by a public body and available for use by the general public. In the case of public streets, the right-of-way normally includes the curbs, lawn strips, and lighting and drainage facilities.
(240) Ringelmann Chart: a chart described in the U.S. Bureau of Mines Circular 6888 or its successor upon which are illustrated graduated shades of grey for use in estimating the light-obscuring capacity of smoke or its equivalent.
(241) Ringelmann number: the number of the area of the Ringelmann Chart that coincides most nearly with the light obscuring capacity of the emission or smoke observed.
(242) Roof sign: see "sign, roof".
(243) Rooming house: a building or part thereof that is not a hotel, motel or tourist home and that provides lodging rooms to three or more paying guests who are not members of the keeper's family and mainly to non-transients.
(244) Screening: a structure erected or vegetation planted to wholly or partially conceal the area behind it.
(245) Setback: the shortest horizontal distance between a lot line and the closest part or projection thereof of any structure or area. If no lot line is specified, the applicable lot line shall be the street line(s).
(246) Setback, front: see "yard, front".
(247) Shopping center: means a group of three or more retail or service commercial uses characterized by any one or more of the following:
A. Uses are designed as a single commercial group, whether or not located on the same lot;
B. Contiguous uses occupy premises that are under common ownership or management;
C. Uses are connected by party walls, partitions, canopies or other structural members to form one continuous structure;
D. Uses are located in separate buildings but are interconnected by walkways or access ways designed to facilitate customer interchange between the uses;
E. Uses share a common parking area; and/or
F. Uses otherwise present the appearance of a single continuous commercial development.
(248) Side lot line: see "lot line, side".
(249) Side yard: see "yard, side".
(250) Sign: any visual or graphic device designed through use of words, numbers, characters or symbols to inform or attract attention and which is designed to be visible from outside any building or structure in which, upon which, attached to which, or on the premises of which it may be located. Sign shells, framing and support structures shall be considered part of the sign. Window displays of merchandise and signs of less than one-half square foot in area that are part of such displays and are not affixed to windows shall not be considered signs for purposes of this Code.
(251) Sign, air-activated: a sign all or any part of which is designed to be moved by action of the air for the purpose of attracting attention, including signs with spangles or moveable colored disks but excluding flags, banner signs or festoons.
(252) Sign area: the total exposed surface on each facing excluding any supporting structure that does not form part of the sign proper. The area of an awning sign, canopy sign or a sign consisting of individual letters or symbols against a wall shall be the sum of the areas within rectangular envelopes completely enclosing each separate letter or symbol or attached group thereof.
(253) Sign, announcement board: an on-premises changeable copy sign displayed by a church, school or other institutional use to provide such noncommercial information to the public concerning the institution as its hours, functions and special events.
(254) Sign, awning: a sign painted on or attached directly to any part of an awning.
(255) Sign, banner: a temporary sign composed of lightweight material either enclosed or not enclosed in a rigid frame and secured or mounted so as to allow movement of the sign caused by movement of the atmosphere.
(256) Sign, bench: a sign painted on or attached directly to any part of a bench.
(257) Sign, bulletin board: a temporary paper notice placed upon a bulletin board or kiosk designed for temporary display of large numbers of such notices by the general public.
(258) Sign, canopy: a sign, other than an under canopy sign, attached to or constructed in or on a canopy.
(259) Sign, changeable copy: a sign designed for frequent changes of message copy, including bulletin boards and kiosks; outdoor advertising signs; changing signs; other signs with electronically-displayed messages, removable letters, or poster panels; and signs with the message painted directly on the sign face.
(260) Sign, changing: a sign with a message copy or other display that is produced and periodically changed or moved electronically or electrically such as a public service time and temperature sign.
(261) Sign clearance: the vertical distance to grade (or to the surface of the roof in the case of a sign mounted upon or over a roof) from the lowest edge of a sign excluding any pole or support structure attached to the ground.
(262) Sign, construction: a non-illuminated sign displayed prior to or during construction and removed thereafter that identifies a building for which a building permit has been issued and which is under construction together with such information as the owner, the manager, the contractor and subcontractors, the architect and engineer, the source of financing, the projected date of completion, the major tenants and related information.
(263) Sign, directional: a sign that serves solely to direct pedestrian or vehicular traffic or parking within a premises or to provide related instructions or facility information but that contains no advertising other than the name and logo of the business on the premises.
(264) Sign embellishment: means any framing or trim attached to or superimposed upon a sign.
(265) Sign facing: the surface of a sign upon, against or through which the message is displayed or illustrated.
(266) Sign, flashing: a sign which contains an intermittent or flashing light source or which includes the illusion of intermittent or flashing light by means of animation or an externally mounted intermittent light source. Changing signs as defined herein are not considered flashing signs.
(267) Sign, free-standing: a sign supported by one or more poles, uprights, pylons or braces on the ground and not attached to a building.
(268) Sign, government-mandated: any sign or exterior display required to be displayed by government order or regulation, the dimensions and content of which do not exceed those required thereby, including construction signs for government-assisted projects.
(269) Sign, government or utility: an informational sign or display maintained by a government body or public utility, including traffic or parking regulating devices, legal notices, warnings of hazards and similar displays.
(270) Sign height: the vertical distance measured from the curb level as defined herein of the closest public street from which the sign is intended to be viewed to the highest point of the sign. Where a sign is equally close to more than one street from which it is intended to be viewed, the mean average of the curb levels of each street shall be used to determine sign height.
(271) Sign, illuminated: a sign illuminated by a source of artificial light having the principal purpose of furnishing illumination for the sign whether or not such source is part of the structure of the sign.
(272) Sign, marquee: see "sign, canopy".
(273) Sign, memorial: a sign or tablet erected to memorialize a person, institution, structure, site or event, including identifications of the name of a building and its date of erection when cut into a masonry building surface or when constructed of bronze or similar material, and historical markers or plaques.
(274) Sign, menu board: a sign used to display a selection of goods or services offered at a business establishment for the convenience of drive-up or walk-up customers, such as at a drive-in restaurant.
(275) Sign, message board: a sign other than a changing sign on which letters are changeable and that is attached to another sign, to the support structure thereof, or to a wall for the purpose of displaying advertising or other notices.
(276) Sign, monument: A freestanding sign with a maximum height of 8 feet with a total surface area no more than 150 square feet. Monument signs shall be solid from the ground level to the top of the sign.
(277) Sign, moving: a sign that has one or more visible parts that move.
(278) Sign, mural: a sign painted or otherwise applied directly on or into the surface of a structure or object, such as a fence, the wall or roof of a building, a rock, tree or the surface of the ground, that does not serve solely as a sign but which does not involve individual letters mounted upon such surface.
(279) Sign, name plate: a non-illuminated sign that states only the names, addresses and professions of the businesses or occupants of the lot where the sign is placed.
(280) Sign, on-premise: a sign directing attention to a business, profession, commodity, service, entertainment, person, cause, event or organization conducted, sold, offered, operating or having premises upon the same lot.
(281) Sign, outdoor advertising 'billboard': a sign that directs attention to a business, profession, commodity, service, entertainment, person, cause, event or organization conducted, sold, offered, operating or having premises elsewhere than on the lot on which the sign is located, and only incidentally, if at all, on such lot.
(282) Sign, permanent: a sign that is not a temporary sign as defined herein.
(283) Sign, portable: any sign that is moveable and not permanently attached to the ground, a structure or another sign.
(284) Sign, projecting: a sign attached to the wall of a building having a face that is not parallel to such wall or that extends more than one foot from the face of the wall.
(285) Sign, pylon: A freestanding sign with a minimum height of 8-feet, 1-inch with a total surface area of no more than 300 square feet. This sign may have one or two pylons for support. No three or more sided surfaces are permitted.
(286) Sign, real estate: a non-illuminated sign used to offer for sale, lease or rent the property upon which or within which the sign is placed or to announce an open house or that the property has been sold.
(287) Sign, roof: a sign erected or maintained upon or over a roof with its principal support on the roof structure. A sign that is erected or maintained upon but projects no more than twelve inches from the face of that portion of a mansard roof that is vertical or approximately vertical and that does not extend above the highest point of the vertical portion of the roof, shall be considered a wall sign and not a roof sign.
(288) Sign, rotating: a sign that rotates upon an axis or that has any part that visibly rotates.
(289) Sign spacing: the linear distance measured along a street right-of-way between any two signs to which a spacing requirement applies that are so located on either side of the street that a face of each sign is visible at any one time by approaching traffic.
(290) Sign, temporary: a sign, including banners, pennants, flags, searchlights, twirling signs, sandwich type signs, sidewalk or curb signs, balloons or other air or gas filled figures that is displayed for a period of less than thirty days.
(291) Sign, trailer: a portable sign mounted on a trailer designed for support and movement of the sign. Signs displayed on manufactured homes, construction trailers or recreational vehicles shall be considered vehicle signs.
(292) Sign, under canopy: a sign projecting from and beneath a canopy.
(293) Sign, vehicle: a sign on or within a parked motor vehicle, boat, recreational vehicle, manufactured home or similar vehicle designed to be conspicuously visible for advertising or information purposes from outside the vehicle, other than trailer signs as defined herein; informational, identification or advertising lettering permanently painted on or attached to trucks or other commercial vehicles; transit advertising on buses or taxi cabs; election campaign signs; signs identifying trailer-housed offices or displays on construction sites; and bumper stickers.
(294) Sign, wall: a sign erected upon or parallel to an outside building wall which does not extend more than twelve inches from the face of the wall or higher than the highest point of the roof or the top of the parapet, whichever is higher.
(295) Sign, window, permanent: a sign placed inside or upon a window and visible from outside a building with the purpose of identifying for a period of thirty days or more the proprietor or name of a business.
(296) Sign, window, temporary: a sign placed inside or upon a window and visible from outside a building with the purpose of attracting attention for a period of less than thirty days.
(297) Single-family dwelling: see "dwelling, single-family".
(298) Single-family attached dwelling: see "dwelling, single-family attached".
(299) Single-family detached dwelling: see "dwelling, single-family detached".
(300) Single Room Occupancy (SRO): is a residential facility in which furnished rooms are rented on a weekly or monthly basis which provides common facilities and services for laundry, cleaning and meals.
(301) Site area, net: the acreage of land excluding the rights-of-way of streets within and bordering a development.
(302) Smoke units, number of: the number obtained by multiplying the smoke density in Ringelmann numbers by the time of emission in minutes. For the purpose of this calculation, a Ringelmann density reading is made at least once every minute during the period of observation, each reading is multiplied by the time in minutes during which the emission is observed, and the various products are summed to give the total number of smoke units during the period of observation.
(303) Solid fence: see "fence, solid".
(304) Sound-level meter: an instrument standardized by the American Standards Association for measurement of the intensity of sound.
(305) Space, recreation: that portion of the non-vehicular space on a site that is suitable for common recreational use by virtue of its being at least 5,000 square feet in area (except where total recreation space required is less), its having no dimension less than fifty feet, and its being improved with facilities for recreational pursuits.
(306) Spot Zoning: the singling out of a lot or small area for discriminatory or different treatment from that accorded surrounding land which is similar in character, and which is not in conformance with a comprehensive plan.
(307) Storage garage: see "garage, storage".
(308) Story: that portion of a building included between the top surface of any floor and the top surface of the floor next above, or, if there is no floor above, the ceiling next above. A basement shall be counted as a story but a cellar shall not.
(309) Story, half: a space under a sloping roof where the line of intersection of roof decking and wall is not more than three feet above the top floor level and in which space not more than sixty percent (60%) of the floor area is completed for principal or accessory use.
(310) Street: a public or private right-of-way as defined herein that affords a primary means of motor vehicle access to abutting property and/or provides for the movement of traffic.
(311) Street clock: any timepiece erected upon a standard on a street, alley, sidewalk or private outdoor space visible from a public street or upon the exterior of any structure for the convenience of the public and for advertising purposes.
(312) Street furniture: all appurtenances to streets and sidewalks located on or above the ground, including light standards, utility poles and wires, traffic signs and signals, tree guards, waste receptacles, telephone booths, bus shelters, benches, planters, canopies and barricades.
(313) Street line: the dividing line between a lot, tract or parcel of land and the right-of-way of a continuous existing or dedicated street or planned street included in the Thoroughfare Plan of the City.
(314) Structural alteration: any change, other than incidental repairs, in the supporting members of a building or structure such as bearing walls, columns, beams or girders or any substantial change in the roof or exterior walls.
(315) Structure: anything erected the use of which requires more or less permanent location on the ground or attachment to something having such a location. An outdoor advertising or business sign or other advertising device, if detached or projecting, shall be construed to be a separate structure. Structures also include buildings, manufactured homes, walls and fences.
(316) Structure, accessory: means a structure that is an accessory use.
(317) Structure, temporary: a structure that is established for a period of less than one year and is removed within that period.
(318) Studio apartment: see "efficiency unit".
(319) Swimming pool, private: any artificially constructed body or open tank of water usable for swimming or bathing, whether in or above the ground that:
A. Is not located within a completely enclosed building; and
B. Contains or is normally capable of containing water to a depth at any point greater than 18 inches; and
C. Has a surface area of 150 square feet or more; and
D. Is intended for the exclusive use of the occupants of the principal use of the property on which it is located and their guests.
(320) Tavern/Bar: means an establishment used primarily for the dispensing, or sale of alcoholic beverages by the drink for on-site consumption.
(321) Temporary building: see "building, temporary".
(322) Temporary sign: see "sign, temporary".
(323) Temporary structure: see "structure, temporary".
(324) Temporary use: see "use, temporary".
(325) Through lot: see "lot, through".
(326) Tourist home/Air B&B: a building or part thereof other than a hotel, motel or rooming house where lodging is provided by a resident family to paying guests and mainly to transients.
(327) Townhouse: see "dwelling, townhouse".
(328) Toxic material: any liquid, solid or gaseous substance which if discharged into the environment could, alone or with other substances likely to be present in the environment, cause or threaten to cause bodily injury, illness or death to members of the general public through ingestion, inhalation or absorption through anybody surface. Substances that are corrosives, irritants, strong sensitizers or radioactive substances shall be considered toxic substances.
(329) Trailer: any device or structure on one or more wheels, designed to be drawn by a motor vehicle, and designed or used for carrying persons, property, animals, livestock, agricultural products or produce, building materials, tools, machinery, equipment, boats, commercial goods or other similar items.
(330) Trailer park: any site under single ownership or control other than a construction site, trailer service or repair facility, trailer manufacturing plant, trailer sales or storage lot, or wrecking yard on which three or more trailers or recreational vehicles are located in the open.
(331) Transportation Facility: all publicly owned modes and means of transporting people and goods, including the physical facilities and other related buildings therefor, and including, but not limited to, highways, rights-of-way, roads and bridges, parking facilities, aviation facilities, port facilities, rail facilities, public transportation facilities, and trails.
(332) Two-family dwelling: see "dwelling, two-family".
(333) Uncovered space: see "space, uncovered".
(334) Unit: see "dwelling unit".
(335) Unit grouping: a single detached building consisting of multiple dwelling units.
(336) Use: the purpose for which land or structures thereon are designed, arranged or intended or for which they are occupied or maintained.
(337) Use, accessory: a subordinate land use located on the same lot or parcel as a principal use (except for such off-street parking or off-street loading facilities as may be permitted to be located on a separate lot) and serving a purpose customarily incidental to that of the principal use.
(338) Use, conditional: a use that because of its special character cannot be allowable generally in a particular zoning district but which may be allowed under special conditions and which is therefore subject to the prior approval of a conditional use permit.
(339) Use, conditional public: the use of property other than as permitted public uses as defined herein by a public utility, railroad or governmental body for the provision of public utilities or services, including sewerage, water supply, electricity, gas, public safety, government administration, transportation and communications. Conditional public uses shall include power plants or substations; water or sewage treatment plants, reservoirs or pumping stations; railroad and utility buildings; police and fire stations, municipal buildings and local government offices; and public transportation facilities, including shelters, garages, terminals, parking and turnaround areas, and service buildings.
(340) Use, permitted: a use allowable generally within a zoning district without a conditional use permit.
(341) Uses, permitted public: poles, towers, tunnels, conduits, wires, cables, vaults, laterals, pipes, drains, mains, valves, hydrants and similar distribution equipment for public services or utilities; fire alarms and police call boxes; traffic signals; and pay telephones.
(342) Use, principal: the main use of a parcel as distinct from an accessory use.
(343) Use, temporary: a principal or accessory use that is established for a period of less than one year and is discontinued within that time period.
(344) Variance, major: a modification, greater than twenty-five (25%), of the provisions of this Code in accordance with the provisions herein concerning variances in cases where strict enforcement would cause undue hardship as a result of special circumstances affecting an individual property that do not generally affect other properties in the same zoning district.
(345) Variance, minor: any deviation from a Part 11 Planning and Zoning Code stipulation that is no greater than a twenty-five (25%) deviation of the requirement.
(346) Vision clearance triangle: a triangular area located at the at-grade intersection of streets, railroads, driveways, or any combination thereof, formed by the right-of-way lines (or the edge of the driveway or aisle in the case of a driveway) between their intersection and points 30 feet from their intersection along each line (or ten feet in the case of a driveway), and by a straight line connecting these two points.
(Ord. 18-78. Passed 7-23-18.)
(346.5) Vocational Agriculture Education Program: the practice of agriculture for the purpose of school curriculum, including the raising of livestock and the growing, treating, packaging, and storage of produce. Vocational Agriculture Education Program shall be limited to recognized educational institutions, as defined by this code.
(Ord. 2021-125. Passed 11-22-21.)
(347) Wall, front: the wall of a building nearest the front lot line that is parallel to or most nearly parallel to such line.
(348) Wall sign: see "sign, wall".
(349) Warehouse/Distribution Centers: An enclosed structure for the storage of goods for distribution or transfer to another location.
(350) Warehouse, Mini: A facility with enclosed storage space, divided into separate compartments no larger than 500 square feet in size, which is provided for use by individuals to store personal items or by businesses to store materials for operation of a business establishment.
(351) Window sign: see "sign, window, permanent" and "sign, window, temporary".
(352) Wrecking yard: any place where there are stored in the open two or more motor vehicles, including automobiles, trucks and construction and farm implements, or trailers, boats or manufactured homes, which are not in operating condition and have not been restored to operation within thirty days of their arrival, or where parts thereof are stored in the open, including any building or structure used for the wrecking or storing of such vehicles or parts.
(353) Yard: an open space on a lot other than a court that is required to remain unoccupied and unobstructed above ground by any structure or part or projection thereof from its lowest level to the sky, except as otherwise permitted in this Code. Yard requirements are measured horizontally irrespective of the slope of the land.
(354) Yard, corner side: a yard extending between a corner side lot line and a line drawn parallel thereto at a distance therefrom equal to that established by the corner side yard requirements of this Code and also extending the full depth of the lot but excluding any area included in a front yard.
(355) Yard, front: a yard extending the full width of a lot between the front lot line as defined herein and a line drawn parallel thereto at a distance therefrom equal to that established by the front yard requirements of this Code.
(356) Yard, interior side: a yard extending between an interior side lot line and a line drawn parallel thereto at a distance therefrom equal to that established by the interior side yard requirements of this Code and also extending the full depth of the lot but excluding any area included in a front or rear yard.
(357) Yard, rear: a yard extending the full width of a lot between the rear lot line and a line drawn parallel thereto at a distance therefrom equal to that established by the rear yard requirements of this Code but excluding any portion of a corner side yard.
(358) Yard sale: a temporary sale open to the public and conducted as an accessory use to a residential premises at which more than five items of personal household property owned and used by members of the household living thereupon are offered for sale and at which no merchandise purchased for resale or obtained on consignment is offered.
(359) Yard, side: a corner side yard or an interior side yard.
(360) Zero lot-line development: a development of single-family detached residences other than a Planned Unit Development in which one or more yards may be lawfully reduced to zero on any lot for the purpose of creating larger, more usable, and more easily maintained yard spaces, particularly on smaller lots.
(Ord. 18-78. Passed 7-23-18.)
(Ord. 18-78. Passed 7-23-18.)