Brunswick City Zoning Code

CHAPTER 1242

Definitions

1242.01 GENERAL.

(a) Words used in this Zoning Code are used in their ordinary English usage. However, certain words defined in the Code shall have the meaning so indicated, unless the context clearly indicates a different meaning.

(b) The following rules shall apply in the interpretation and construction of this Code:

(1) Words used in the present tense include the future.

(2) The singular number includes the plural and the plural the singular.

(3) The word "build" includes erect, convert, enlarge, reconstruct or structurally alter.

(4) The word "building" includes the word "structure".

(5) The word "shall" is mandatory; the words "may" and "should" are permissive.

(6) The word "used" includes arranged, designed, constructed, altered, converted, occupied, rented, leased, or intended to be used.

1242.02 DEFINITIONS.

For the purposes of this Code, certain terms are defined as indicated below.

(1) Adverse Impact: a condition that creates, aggravates or leads to inadequate, unsafe or unhealthy conditions on a site proposed for development or on adjacent sites.

(Ord. 139-05. Passed 1-9-06.)

(1.1) Activity Area: An area on a property that is used for an activity that relates to the property’s principal use, but is more than merely incidental to such principal use. Without limiting the foregoing, and by way of example only, parking areas and areas paved for emergency, vehicular, or pedestrian access to and about a property are merely incidental to its principal use, whereas staging, shipping/receiving, and storage areas are not merely incidental to the property’s principal use. (Ord. 83- 09. Passed 10-26-09.)

(2) Alteration: as applied to a building or structure, a change or rearrangement in the structural parts or in the exit facilities, or an enlargement, whether by extending on a side, by increasing in height or by moving from one location or position to another.

(3) Antenna: any exterior transmitting or receiving device mounted on a tower, building or structure and used in communications that radiates or captures electromagnetic waves, digital signals, analog signals, radio frequencies (ex- including radar signals), wireless telecommunications signals or other communication signals.

(4) Architectural Feature: a prominent or significant part or element of a building, structure or site.

(5) Automobile Filling Station: any building or site used for retail dispensing and sales of vehicular fuels, servicing and repair of automobiles and accessory sales and installation of lubricants, tires, batteries and similar vehicle accessories.

(6) Automobile Repair: any general service, rebuilding, reconditioning, body or fender work, framework, painting or the replacement of parts to motor vehicles.

(7) Automobile Sales: use of any building or site for the display and sales of new or used automobiles, light trucks, vans, or recreational vehicles, and including vehicle preparation and repair work conducted as an accessory use.

(8) Automobile Wash: any building or portion thereof used for washing automo biles.

(9) Basement: that area directly below the floor joists, with a headroom of 7.5 feet or more from the finished floor to the lower elevation of the joists and with the finished floor 4.5 feet or more below the average grade.

(10) Basement, Full: a basement which has the same square foot area as the first floor living area. A basement with an area less than the first floor living area shall be considered a partial basement.

(11) Bed and Breakfast: an owner-occupied dwelling unit containing no more than four rooms where lodging, with or without meals, is provided for compensa tion.

(12) Buffer Area: open spaces, landscaped areas, berms or any combination thereof used to physically separate and partially obstruct the view of one use or property from another so as to visually shield or block noise, lights or other nuisances.

(13) Building.

(a) Building: a structure designed, built or occupied as a shelter or roofed enclosure for persons, animals or property.

(b) Building Height: the vertical dimension measured from the average elevation of the finished lot grade at the front of the building to the highest point of the top story in the case of a flat roof, to the deck line in the case of a mansard roof and to the average height between the plate and ridge in the case of a gable, hip or gambrel roof.

(d) Accessory Building: a subordinate building on the same lot as the principal building or use.

(14) Building Line: a line, parallel to the street right-of-way line, beyond which no building or part thereof shall project.

(15) Building Scale: the relationship of a particular building, in terms of height, width and depth, to other nearby buildings. (Ord. 116-05. Passed 12-12-05.)

(16) Business Services: Commercial establishments primarily engaged in providing a service for a fee on a contract basis.

(Ord. 76-2022. Passed 11-14-22.)

(17) Caliper: the diameter of a deciduous tree trunk, measured at a height of 6 inches above ground level for trees up to 6 inches in diameter and 12 inches above ground level for larger trees.

(18) Cemetery: land used for the burial of the human dead and dedicated for cemetery purposes, including columbariums, and mausoleums, if operated in connection with, and within the boundaries of, such cemetery.

(19) Central Sewer System: a common collection, treatment and disposal system to which individual lots are connected.

(20) Central Water System: a common distribution system to which individual lots are connected.

(21) Clinic: an establishment where patients are treated on an outpatient basis by one or more physicians,, dentists, other medical personnel, psychologists or social workers and where the patients are not lodged overnight.

(22) Club: an association of persons for some common nonprofit purpose, but not including religious places of worship and groups organized primarily to render a service which is customarily carried on as a business.

(Ord. 116-05. Passed 12-12-05.)

(22.1) Commercial Event Center. (land use) means a facility located on private property within a commercial zoning district, wherein such use is conditionally permitted, that primarily functions to provide a facility for any type of social gathering and consisting of multipurpose meeting and/or recreational facilities, typically consisting of one or more meeting or multipurpose rooms and kitchen and/or outdoor barbecue facilities, that are available for use by various private groups for such activities as meetings, parties, weddings, receptions and dances.
(Ord. 47-15. Passed 9-14-15.)

(23) Commercial Use: A commercial use is an activity involving the sale of goods or services carried out for profit.

(24) Communication Tower: any structure that is designed and constructed primarily for the purpose of supporting one or more antennas for telephone, radio and similar communication purposes, including self-supporting lattice towers, guyed towers, or monopole towers. The term includes radio and television transmission towers, microwave towers, common-carrier towers, cellular telephone towers and alternative tower structures that camouflage or conceal the presence of antennas and towers. The term includes the structure and any support thereto. The term does not include amateur radio towers located on the property of the homeowner or wireless service provider structures.

(25) Community Character: the image of a community or area as defined by such factors as its built environment, natural features and open space elements, type of housing, architectural style, infrastructure, and the type and quality of public facilities and services. (Ord. 139-05. Passed 1-9-06.)

(26) Comparable in Character: a use with similar characteristics to a specified use listed in a particular zoning district. No use principally or conditionally permitted in another zoning district shall be considered as comparable in character. (Ord. 68-2021. Passed 9-27-21.)

(27) Comprehensive Plan: the Development Policy Plan Update adopted by the City Planning Commission on January 5, 1995 and by City Council on February 13, 1995, or subsequent amendments thereto, intended to guide the future growth and development of the City of Brunswick.

(28) Convalescent Care Facility: a building or group of buildings, public or private, which provides personal care or nursing to patients who are ill or incapaci tated or who, by reason of age or mental or physical infirmities are not capable of caring for themselves or which provides service for the rehabilita tion of persons recovering from illness or incapacitation, excluding facilities for persons suffering from acute or chronic alcoholism or other drug dependency.

(29) Density: the number of dwelling units developed per acre of land.

(30) Design Continuity: a unifying or connecting theme or physical feature for a particular setting or place, provided by one or more elements of the natural or created environment.

(31) Design Fit: continuity in scale, quality or character between new and existing development so as to avoid abrupt or severe differences.

(Ord. 139-05. Passed 1-9-06.)

(31.1) Designated Outdoor Refreshment Area (DORA): A specific area in which alcoholic beverages may be sold by licensed liquor establishments for outdoor consumption. The DORA is designed to make it easier to social distance, stroll within the specific outlined district and support local restaurants and bars. (Ord. 75-2022. Passed 11-14-22.)

(32) Dwelling.

(a) Dwelling: a building or portion thereof with living facilities for one or more human occupants.

(b) Dwelling Unit: a dwelling or portion thereof comprising living, dining, sleeping room or rooms, storage areas, as well as space and equipment for cooking, bathing and toilet facilities, all used by only one family and its household employees.

(c) Multifamily Dwelling: a dwelling consisting of three or more dwelling units with varying arrangements of entrances and party walls.

(d) Single Family Attached Dwelling: dwelling units which are structurally attached to one another, but which maintain separate ground floor entrances. Also known as townhouses or row houses.

(Ord. 139-05. Passed 1-9-06.)

(e) Single Family Dwelling: A dwelling consisting of a single dwelling unit only, separated from other dwelling units by open space. Minimum square footage of a single family dwelling shall not include any area below the front grade. Same as “single family detached dwelling”.

(Ord. 102-2020. Passed 2-22-21.)

(f) Two Family Dwelling: a dwelling consisting of 2 dwelling units, with each unit having a separate entrance. (Ord. 139-05. Passed 1-9-06.)

(32.1) Electronic Smoking Device: Any device that may be used to deliver any aerosolized or vaporized nicotine or any other substance to the person inhaling from the device, including, but not limited to, an e-cigarette, e-cigar, e-pipe, vape pen or e-hookah. Electronic Smoking Device includes any component, part, or accessory to such a device, whether or not sold separately, and also includes any substance intended to be aerosolized or vaporized by such device, whether or not the substance contains nicotine. Electronic Smoking Device does not include drugs, devices, or combination products authorized for sale by the U.S. Food and Drug Administration, as those terms are defined in the Federal Food, Drug and Cosmetic Act.

(Ord. 17-2024. Passed 4-8-24.)

(33) Essential Service: erection, construction, alteration or maintenance, by public utility companies or municipal departments or commissions, of gas, electrical, steam or water transmission or distribution systems and of collection, communications, supply or disposal systems, including poles, wires, mains, drains, sewers, pipes, conduits, cables, fire alarm boxes, police call boxes, traffic signals, hydrants and other similar equipment and accessories, reasonably necessary for the furnishing of adequate service for the public health, safety or general welfare. Essential service does not include public utility structures, as defined herein.

(34) Family: a group of individuals not necessarily related by blood, marriage, adoption or guardianship living together in a dwelling unit as a single housekeeping unit under a common housekeeping management plan based on an intentionally structured relationship providing organization and stability, as distinguished from a group occupying a boarding house, a lodging house or a club, fraternity or hotel.

(35) Fence: an artificially constructed barrier of any material or combination of materials intended to enclose, screen or separate areas.

(36) Fenestration: window treatment of a building or building facade.

(37) Floor Area, Minimum: usable floor area permanently enclosed and covered by a ceiling with a minimum dimension, between floor and ceiling, of eight feet, except as otherwise allowed by the Building and Housing Code. Living area shall not include basements, garages, porches, breezeways and terraces.

(37.1) Floor Area Ratio: The ratio of gross floor area of a building or buildings on a lot to total lot area. For the purpose of this definition, floor area excludes (1) habitable area, storage or parking located below-grade, (2) uninhabitable space and (3) 50% of above-grade parking structures (attached or detached). Total lot area excludes all street right of way existing prior to approval of site plans.
(Ord. 139-05. Passed 1-9-06.)

(38) Funeral Home: a building used by a licensed mortician for burial preparation and funeral services.

(39) Garage: a detached accessory structure or a portion of the principal building providing for the storage of automobiles and other possessions of the family resident on the premises.

(40) Grade, Finished: the final elevation of the ground after development.

(41) Harmonious Relationship: the design, arrangement and location of buildings and other created or natural elements that are sufficiently consistent in

scale, character and siting with other buildings or created or natural elements in the area, so as to avoid abrupt or severe differences.

(42) Health Care Facility: a public or private institution principally engaged in providing services for health maintenance and the treatment of mental or physical conditions, including hospitals, diagnostic centers, rehabilitation centers, extended or long-term care facilities, outpatient clinics and associated accessory uses.

(43) Health Club: an establishment that provides facilities for aerobic exercise, running and jogging, exercise equipment, game courts, swimming facilities, saunas, showers and lockers.

(44) Home Office: an office for any profession, occupation or business which is incidental to the principal use of the dwelling, is conducted by the occupant of the dwelling and which does not alter the exterior of the property or the essential residential character of the neighborhood.

(45) Home Occupation: any occupation or use, other than a home office, which is incidental to the residential use of the dwelling, is conducted by the occupant of the dwelling and which does not alter the exterior of the dwelling or the essential residential character of the neighborhood.

(Ord. 53-97. Passed 5-12-97.)

(45.1) Indoor Recreational Facility: An indoor facility for any number of uses such as game courts, playing fields, exercise equipment, exercise and/or dance floor areas, pools, locker rooms, spa, whirlpool or hot tub, and which may include an accessory retail shop for the sale of related equipment.

(Ord. 12-15. Passed 3-9-15.)

(46) Industrial Park: a tract of land planned, developed and operated as an integrated facility for a number of different industrial uses, with consideration to transportation facilities, circulation, parking, utility needs, aesthetics and compatibility.

(47) Industry, Light: activities which comply with the industrial performance standards and other requirements established in this Code and which are engaged in manufacture of finished products or parts, including processing, fabrication, assembly, treatment, packaging, storage and distribution, but excluding basic industrial processing.

(48) Industry, Heavy: activities engaged in the basic processing and manufac turing of materials or products predominately from extracted or raw materials, or a use engaged in storage of, or manufacturing processes that potentially involve commonly recognized offensive conditions.

(49) Junk Yard: the use of more than 200 square feet of area, whether inside or outside a building, where waste, discarded or salvaged materials are bought, sold, exchanged, baled, packed, disassembled, stored or, handled.

(50) Landscaping: the deliberate use of vegetation and related features such as water, patterned walks, and rock to improve the appearance of a structure or property.

(51) Loading Space: an off-street space or berth on the same lot with a building for the temporary parking of a commercial vehicle while loading or unloading merchandise or materials.

(52) Lot.

(a) Lot: a parcel of land occupied or capable of being occupied by one or more buildings and the accessory buildings or uses customarily incidental to it, including such yards, lot areas, and widths as are required by this Zoning Code.

(b) Corner Lot: a lot at the point of intersection of, and abutting on, two or more intersecting streets, the angle of intersection being not more than 135 degrees. Corner lots have two front yards, one side yard and one rear yard. See "yard."

(d) Lot Area: the computed horizontal area contained within the lot lines.

(e) Lot Lines: the lines defining the limits of a lot.

(f) Lot of Record: a lot which is part of a subdivision, the plat of which has been recorded in the office of the County Recorder, or a lot created by metes and bounds, the deed to which is recorded with the Medina County Recorder.

(g) Minimum Lot Area: the smallest lot area established by this Code on which a use or structure may be located in a particular zoning district. All areas within street right-of-way lines shall be excluded in determin ing minimum lot area.

(h) Minimum Lot Width: the minimum width of a lot measured at the minimum building setback line, as specified in the zoning district in which the lot is located.

(i) Substandard Lot: a parcel of land that has less than the minimum area or other minimum dimensions required in the zone in which the lot is located.

(53) Motel: a facility offering transient lodging accommodations to the general public and providing additional services such as meeting rooms, restaurants, entertainment and recreational facilities.

(54) Nightclub: a bar, restaurant, coffee house or similar commercial estab lishment where a dance floor and/or entertainment is provided. See "tavern."

(55) Nonconformity: a building, structure, use, lot or site existing at the time of the enactment of this Zoning Code or its amendments which does not conform to the regulations of the district in which it is located.

(56) Open Space.

(a) Open Space: an area of land which is in its natural state or is developed only for the raising of agricultural crops or for public outdoor recreation.

(b) Common Open Space: any outdoor area, not dedicated for public use, which is designed and intended for the common use and enjoyment of the residents or occupants of the development.

(c) Private Open Space: outdoor space that is provided for an individual dwelling unit, including but not limited to, a deck, yard, patio, balcony, or a combination thereof, which is specifically designed and constructed to be used and enjoyed by the resident(s) of a dwelling unit and which is adjacent to, accessible from, and at the same or approximate elevation of the dwelling unit.

(57) Outdoor Storage: keeping of any goods, material, merchandise, vehicles, or junk in the same place in an unenclosed area for more than 24 hours.

(58) Parking Space: an area providing for the temporary stopping of a vehicle for a period longer than required to load or unload persons or goods.

(59) Personal Services: activities conducted in a store, office, or other place of business catering to the personal needs of a customer, such as normally conducted by a barber, beautician, tailor, dressmaker, doctor, attorney, architect or a photocopy center.

(60) Place of Worship: a building, structure or use of land that by design and construction are primarily intended for conducting organized religious services and associated accessory uses.

(61) Porch, Open: a roofed extension from the main dwelling unit. Such extension shall be considered open when no more than 35 per cent of the perimeter wall area is enclosed with solid wall materials or with screening, canvas, glass, plastic or any combination of materials. However, planters or railings of wood, metal, or comparable material not exceeding thirty inches in height from the decking or flooring shall not constitute part of the enclosure. Synonymous with "covered porch."

(62) Public Hearing: a public meeting announced and advertised as required by law, with the public given an opportunity to talk and participate.

(63) Public Utility: any person, firm, corporation, governmental agency or board fully authorized to furnish and furnishing, to the public, electricity, gas, steam, telephone, telegraphy, transportation, water or any other similar public service.

(64) Public Utility Structure: administration buildings, service yards, power plants, substations, switching stations, communication towers and other similar public utility structures owned or operated by a public utility, as distinguished from essential services as defined in this chapter.

(65) Recreation Facilities: public or private uses that are further classified as either extensive or intensive, depending on the services offered and the extent of use. Extensive recreation requires and utilizes considerable land area and include riding clubs, golf courses, fishing and parks. Intensive recreation require less land and include miniature golf, swimming clubs, amusement parks, stadiums, arcades and bowling centers.

(66) Restaurant: an establishment where food is prepared, served and consumed primarily within the principal building. "Restaurant" also includes an establishment where most or all of the consumption takes place outside the confines of the restaurant, and where ordering and pick-up of food may take place from an automobile.

(67) Retail Sales: establishments engaged in selling goods or merchandise to the general public for personal or household consumption, including rendering services incidental to the sale of such goods.

(68) Right-of-Way Line: the boundary of land which is dedicated or otherwise made available and recorded for use by the public as a roadway, walk or other way. In addition to the roadway, the right-of-way lines typically enclose and include curbs, tree lawns, sidewalks, lighting, water and sewer lines and drainage facilities.

(69) Satellite Antenna: a parabolic or dish-shaped antenna or any other apparatus or device that is designed for the purpose of receiving communication signals.

(70) Scale of Development: the relationship of a particular project or development to its surroundings, in terms of size, height, bulk, intensity, and aesthetics.

(71) Screening: the method by which a view of one site from another adjacent site is shielded, concealed or hidden through the use of fences, walls, evergreen hedges, berms or other features.

(72) Self-Service Storage Facility: a building consisting of individual, small, self- contained units that are leased for the storage of business and household goods. Same as "mini-warehouse."

(73) Setback Line: lines are established by this Zoning Code generally parallel to and measured from the lot lines, defining the limits of the required yards in which no building or structure may be located, except as may be specifically provided in this Code or the Building and Housing Code. See "yard."

(74) Setback Line, Minimum Building: the line parallel to the front lot (right-of- way) line and at such distance from the front line as required by the minimum front yard in the district in which the lot is located. The front yard shall be measured from the proposed right-of-way line for highway improvements certified (journalized) by the Ohio Department of Transportation. See "lot width" and "yard, front."

(75) Sign: see sign definitions in Section 1270.15.

(76) Site Plan: a document or group of documents containing sketches, text, drawings, maps, photographs, data and other material intended to present and explain a proposed development, including physical design, siting of buildings and structures, vehicular and pedestrian access, the provision of improvements and the interrelationship of these elements. A site plan also includes information on existing and proposed conditions of the lot, including topography, vegetation, drainage, flood plains, wetlands and waterways; landscaping, berms, buffers, screening devices and open spaces; facade or elevation drawings; signs and lighting; surrounding development; and any other information that reasonably may be required in order that an informed decision can be made by the Planning Commission and, where specified, City Council.

(Ord. 135-02. Passed 1-13-03.)

(76.1) Small Box Discount Store: A retail store between 3,000 and 15,000 square feet that sells directly to consumers a limited assortment of physical goods, products, or merchandise, personal grooming and health products, household goods, and other consumer products, including food or beverages for off-premises consumption, most of which are sold for ten dollars ($10.00) or less, and that does not dedicate at least fifteen percent (15%) of shelf space to fresh food and produce. (Ord. 27-2021. Passed 5-24-21.)

(77) Story: the portion of a building between the surface of one floor and the surface of the next above, or if there is no floor above, the space between the floor and the ceiling above it. A basement shall be counted as a story if its ceiling is over 6 feet above average grade or if it is used for the principal use of the building.

(78) Street.

(a) Public Street: a public thoroughfare which has been dedicated to the public for public use and accepted by Council and which affords the principal means of access to abutting property.

(b) Private Street: a thoroughfare which affords the principal means of access to abutting properties, but which has not been dedicated to the public.
(Ord. 135-02. Passed 1-13-03.)

(78.1) Street Facade: The total width of any side of any building that faces a street, excluding any extension of an exterior wall beyond the building envelope. A building side “faces the street” if it is predominantly parallel with (+/-15) and visible from the right of way. A building that has no single side that “faces the street” shall be deemed to have a street facade for each wall oriented towards and visible from the right of way. A building on a corner lot has a street facade for each street.
(Ord. 116-05. Passed 12-12-05.)

(79) Streetscape: all the elements that constitute the physical makeup of a street and that, as a group, define its character, including building frontage, street paving, street furniture, landscaping, awnings and marquees, signs and lighting.

(80) Structural Alteration: any change in the supporting members of a building, such as bearing walls, columns, beams or girders, or in the dimensions or configurations of the roof and exterior walls.

(81) Structure: anything constructed or erected which requires location on or below the ground, including buildings, signs, fences, decks, pools, patios and gazebos.

(82) Swimming Pool: a private, residential swimming pool is an accessory use to a residential property.

(83) Tavern: an establishment serving alcoholic beverages in which the principal business is the sale of such beverages at retail for consumption on the premises and where sandwiches or snacks are available. See "nightclub."

(84) Theater: an outdoor or indoor area, building or part thereof devoted to showing motion pictures, or for dramatic, dance, musical or other live performances and may include related services such as food and beverage sales and other concessions.

(Ord. 135-02. Passed 1-13-03.)

(84.1) Tobacco Products:

(a) Any product containing, made of, or derived from tobacco or containing any form of nicotine that is intended for human consumption or is likely to be consumed, whether smoked, heated, chewed, dissolved, inhaled, absorbed, or ingested by any other means, including, but not limited to, a cigarette, cigar, pipe tobacco, chewing tobacco, snuff or snus;

(b) Any Electronic Smoking Device and any substances that may be aerosolized or vaporized by such device, whether or not the substance contains nicotine; and

(c) Any component, part, or accessory of (a) or (b), whether or not any of these contain tobacco or nicotine, including, but not limited to, filters, rolling papers, blunt or hemp wraps, or pipes. Tobacco Products do not include drugs, devices, or combination products authorized for sale by the U.S. Food and Drug Administration, as those terms are defined in the Federal Food, Drug and Cosmetic Act.

(Ord. 17-2024. Passed 4-8-24.)

(85) Thoroughfare, Major or Collector Thoroughfare: those public streets designated as such on the Thoroughfare Plan duly adopted by the Brunswick City Planning Commission and Brunswick City Council.

(86) Trailer: a structure standing on wheels, towed or hauled by another vehicle, and used for short-term human occupancy, carrying of goods or materials, goods or objects, or as a temporary office.

(87) Truck Terminal: an area and building where trucks load and unload freight and where freight may be broken down or aggregated into smaller or larger loads for transfer to other vehicles or modes of transportation.

(88) Use.

(a) Use: the purpose for which structures or land are designed or for which structures or land are occupied or maintained.

(b) Use, Accessory or Accessory Structure: a use or structure subordinate to the principal use of a structure or land, which is located on the same lot as the principal use, and which serves a purpose incidental to the use of the principal structure or land use.

(c) Use, Conditionally Permitted: a use so listed in a zoning district and which is permitted only if a conditional zoning certificate is approved by the Brunswick City Planning Commission as provided in Chapter 1274 of this Zoning Code.

(d) Use, Principal: the main or primary purpose for which a building, structure or lot is designed or used according to this Zoning Code.

(e) Use, Principally Permitted: a use so listed in a zoning district and which is permitted outright in a district for which a zoning certificate shall be issued by the Chief Building and Zoning Inspector provided the applicant meets all applicable requirements of this Code, including site plan reviews as required by Chapter 1278.

(Ord. 135-02. Passed 1-13-03.)

(88.1) Vending/Dispensing Machines: An automated machine that provides items for sale including, but not limited to, snacks, beverages, cigarettes, and lottery tickets, to consumers after cash, a credit card or other form of payment is inserted, swiped or tapped for payment on or into the machine or otherwise made.

(88.2) ATM or Similar Financial Machines: An automated machine that provides for the deposit of cash or dispenses items including, but not limited to, cash to consumers after a bank card or credit cards is inserted, swiped or tapped for payment on or into the machine or otherwise made.

(Ord. 75-2022. Passed 11-14-22.)

(89) Wholesale Trade: establishments primarily engaged in selling merchandise to retailers, business users or to other wholesalers, or acting as agents or brokers and buying merchandise for, or selling merchandise to, such individuals or companies.

(90) Wireless Service Provider Structure: any structure supporting one or more antennas or any functionally equivalent equipment used to transmit or receive signals using FCC unlicensed bands where the maximum height is 90 feet including the antennas but excluding any lightning protection elements. The term excludes direct to home satellite services.

(91) Yard.

(a) Yard: an open space on the same lot with a principal building that lies between the principal building and the nearest lot line, unoccupied and unobstructed by any portion of a structure from the ground upward, except for steps, uncovered porches and accessory structures expressly permitted by this Code or the Building and Housing Code.

(b) Front Yard: the yard extending the full width of the lot abutting a street or streets between the lot line(s) and the building line. Any yard abutting a street is a front yard. The front yard shall be measured from the proposed right-of-way line for highway improvements certified (journalized) by the Ohio Department of Transportation.

(c) Rear Yard: the yard extending across the full width of the lot between the rear lot line and the principal building, between the side lot lines

of an interior lot, or between a side lot line and a front yard of a corner lot, as the owner so designates.

(d) Required Yard: the horizontal open space between a lot line and a setback line that is the minimum area required to comply with the regulations of the district in which the lot is located, and within which no structure shall be located except as expressly permitted by this Code.

(e) Side Yard: the yard between the side lot line and the building, extending from a front yard to a rear yard. A corner lot has only one side yard.

(f) Yard Width or Depth: the horizontal distance from a lot line to the principal building, measured perpendicular to the lot line.

(Ord. 135-02. Passed 1-13-03; Ord. 9-03. Passed 1-27-03.)

(g) Front Yard Zone: That portion of a lot within the area bounded by the minimum and maximum front yards for each district, within which all or some required percentage of the street facade of a building must be located. See Figure 1.

(Ord. 116-05. Passed 12-12-05.)

(92) Financial Institution: A bank organization or holding company or a bank organization, as defined in Ohio R.C. Chapter 5726, as may be amended from time to time, subject to the following: (a) no freestanding ATMs or similar financial machines shall be permitted unless they are an accessory use to an approved principal financial institution structure located on a single lot; (b) such freestanding ATM or similar financial machine shall be located within twenty (20) feet of the approved principal financial institution; and (c) such freestanding ATM or similar financial machine shall be constructed under cover.

(Ord. 76-2022. Passed 11-14-22.)

(93) Payday Lender: A nonbank financial organization, as defined in Ohio R.C. Chapter 5726, as may be amended from time to time, as licensed pursuant to Ohio R.C. Chapter 1321.

(Ord. 97-17. Passed 12-18-17.)

(94) Vape and Smoke Shop: A retail establishment that offers Electronic Smoking Devices and/or Tobacco Products for retail sale.

(Ord. 19-2024. Passed 4-8-24.)