For the purpose of this Zoning Code, the following definitions shall apply, unless the context clearly indicates or requires a different meaning.

(Ord. 98-176. Passed 8-3-98.)

(EDITOR'S NOTE: Section 1125.02 was repealed by Ordinance 2007-39, passed May 7, 2007.)

   "Agriculture" means the use of land for agricultural purposes, including farming of crops, horticulture, floriculture, viticulture, animal husbandry, dairy farming and the necessary accessory uses for packing, treating or storing the produce; however, the operation of any such accessory uses shall be secondary to that of normal agricultural activities.

(Ord. 98-176. Passed 8-3-98.)

   "Alley" means a public way, not more than twenty-four (24) feet wide, which affords only a secondary means of access to abutting property.

(Ord. 98-176. Passed 8-3-98.)

   "Allied health facility" means an area of medical practice dealing with auxiliary health care needs such as, but not limited to, physical therapy, mechano-therapy, and psychology.

(Ord. 98-176. Passed 8-3-98.)

   "Automotive filling station" means any building or land used or intended to be used for the retail dispensing or sales of vehicular fuels, and including as an accessory use the sale and installation of lubricants, tires, batteries and similar accessories.

(Ord. 98-176. Passed 8-3-98.)

   "Automotive repair and service" means the general repair, rebuilding or reconditioning of engines, motor vehicles or trailers, collision service, including overall body and fender bumping, frame or fender straightening or repair and overall painting and vehicle steam cleaning.

(Ord. 98-176. Passed 8-3-98.)

   "Automotive sales" means a building or open lot, other than a street, used for the display, sale, lease or rental of new or used motor vehicles in operable condition and where no repair work is conducted.

(Ord. 98-176. Passed 8-3-98.)

   "Bed and breakfast establishment" means any owner-occupied dwelling unit that contains no more than four (4) rooms and where transient lodging, with or without meals, is provided for compensation.

(Ord. 98-176. Passed 8-3-98.)

   "Block" means the property abutting on one (1) side of a street between two (2) intersecting streets or a street and a railroad right-of-way or watercourse.

(Ord. 98-176. Passed 8-3-98.)

   "Board" means the Board of Zoning Appeals of the City of Elyria, Ohio.

(Ord. 98-176. Passed 8-3-98.)

   "Boarding or lodging house" means a building or part thereof, other than a hotel or restaurant, where meals and lodging are provided for compensation for five (5) or more rooms.

(Ord. 98-176. Passed 8-3-98.)

   "Building" means any structure having a roof supported by columns or walls used or intended to be used for the support, shelter or enclosure of persons, animals or property.

(Ord. 98-176. Passed 8-3-98.)

   “Call center” means a location in which twenty-five (25) or more persons are continuously employed or utilized to make/receive telephone calls by means of a centralized telecommunications system.

(Ord. 2008-115. Passed 9-2-08.)

   "Cellar" means an area of a structure where the floor of which is more than half of the area's height below the level of the adjoining ground. A cellar not used for a dwelling or for commercial purposes other than storage shall not be counted as a story in measuring building height.

(Ord. 98-176. Passed 8-3-98.)

   "Cellular communication site" means a structure, tower, pole or other device erected on the ground or roof top, for the purpose of transmitting or receiving radio, micro, cellular, or other electromagnetic waves between terrestrially and/or orbitally based uses.

(Ord. 98-176. Passed 8-3-98.)

   "Child care facility" means a place, licensed by the State of Ohio, where care, protection and supervision of children are provided on a regular schedule, for a fee.

(Ord. 98-176. Passed 8-3-98.)

   "City" means all of the land located within the jurisdictional boundaries of the City of Elyria, Ohio.

(Ord. 98-176. Passed 8-3-98.)

   "Club" means a nonprofit association of persons who are bona fide members paying regular dues, and organized for some common purpose, but excluding religious places of worship or a group organized solely or primarily to render a service customarily carried on as a commercial enterprise.

(Ord. 98-176. Passed 8-3-98.)

   "Cluster housing" means the grouping together of single-family dwelling units on building lot(s) which may be of a lesser size than is otherwise required in residential zoning districts.

(Ord. 2003-31. Passed 2-18-03.)

   "Commercial school" means a for-profit educational institution whose primary activity is training in a trade or vocation.

(Ord. 98-176. Passed 8-3-98.)

   "Commission" means the Planning Commission of the City of Elyria.

(Ord. 98-176. Passed 8-3-98.)

   "Convenience business" means a small retail establishment, no larger than five thousand (5,000) square feet, catering primarily to the surrounding community and providing consumer goods including, but not limited to, groceries, beverages and personal care products.

(Ord. 98-176. Passed 8-3-98.)

   "Convention/conference center" means a large building which is used to host conventions, conferences, exhibitions, public and private business, and social events.

(Ord. 2008-107. Passed 8-4-08.)

   "Court" means an open space, other than a yard, on the same lot with a building, unoccupied and unobstructed, which is enclosed on three or more sides and is fully open to the sky.

(Ord. 98-176. Passed 8-3-98.)

   "Inner court" means any court other than an outer court.

(Ord. 98-176. Passed 8-3-98.)

   "Outer court" means a court which opens for its full width on a street or other permanent open space, the width being the horizontal dimension substantially parallel to the principal open end thereof, and the depth being the horizontal distance between its principal open end and the end opposite thereto.

(Ord. 98-176. Passed 8-3-98.)

   "Dental and medical clinic" means a facility organized and operated for the primary purpose of providing health services, diagnosis, care, and treatment for out-patient medical or dental care of the sick or injured, including related facilities operated in connection with the clinic.

(Ord. 98-176. Passed 8-3-98.)

   "Drive-in facility" means any portion of a building or structure from which business is transacted, or is capable of being transacted, with customers located in a motor vehicle during such business transactions.

(Ord. 98-176. Passed 8-3-98.)

   "Multi-household dwelling" means a building consisting of three (3) or more dwelling units in any combination, including multi-level structures, garden apartments, townhouses and similar attached dwelling units with varying arrangements of entrances and party walls, for three (3) or more families or housekeeping units, living independently of each other, with cooking and sanitary facilities in each dwelling unit.

(Ord. 98-176. Passed 8-3-98.)

   "Single-household dwelling" means a building consisting of a detached single dwelling unit only, separated from other dwelling units by open space.

(Ord. 98-176. Passed 8-3-98.)

   "Two-household dwelling" means a building designed for or used exclusively by two (2) families or housekeeping units, living independently of each other, with cooking and sanitary facilities in each dwelling unit.

(Ord. 98-176. Passed 8-3-98.)

   "Dwelling unit" means a space, within a building, comprising a living, dining and sleeping room or rooms and storage closets, as well as space and equipment for cooking, bathing and toilet facilities, all used by only one household and its household employees.

(Ord. 98-176. Passed 8-3-98.)

   "Educational institution" means a facility that provides a plan of study of elementary, secondary or post secondary academic instruction, including kindergartens, elementary schools, junior high schools, high schools and technical and collegiate level courses.

(Ord. 98-176. Passed 8-3-98.)

   "Equivalent opacity" means the density of light obscuration of any smoke or plume that most closely matches the smoke shade on the standard Ringelmann Chart.

(Ord. 98-176. Passed 8-3-98.)

   "Fence" means an artificial barrier or divider intended to prevent escape or intrusion, to mark a boundary, or to enclose an area.

(Ord. 98-176. Passed 8-3-98.)

   “Farmer's market” means a market, organized by a non-profit organization, usually held out-of-doors, in public or private spaces, where produce, crafts, baked goods and similar items are sold to the public.

(Ord. 2007-120. Passed 10-1-07.)

   "Financial institution" means any building, property or activity, the principal use or purpose of which is the provision of financial services including, but not limited to, banks, facilities for automated teller machines (ATM's), credit unions, savings and loan institutions and mortgage companies.

(Ord. 98-176. Passed 8-3-98.)

   "Footcandle" means a unit of illumination equal to the light flux which falls on a one (1) square foot area one (1) foot distant from a light source of one (1) candlepower.

(Ord. 98-176. Passed 8-3-98.)

   "Private garage" means a detached accessory building or a portion of the principal building used primarily for the storage of automobiles or trailers by the household resident on the premises. A carport or car porch shall be construed to be a private garage.

(Ord. 98-176. Passed 8-3-98.)

   "Government building" means a structure or portion of a structure owned, operated or controlled by a government agency for the performance of certain specialized governmental activities required for its day to day functions.

(Ord. 98-176. Passed 8-3-98.)

   "Group home" means any community residential facility which provides rehabilitative and related services. There are two (2) classes of group homes:

   A.   Class I: Any dwelling or place used as a home for the care or rehabilitation of dependent or pre-delinquent children, the physically handicapped or disabled, or those with developmental disabilities or mental illnesses. A Class I Type A group home contains six (6) or more residents, exclusive of staff. A Class I Type B group home contains five (5) or fewer residents, exclusive of staff.

   B.   Class II: Any dwelling or place used as a home for juvenile offenders; a halfway house providing residential care or rehabilitation for adult offenders in lieu of institutional sentencing; a halfway house providing residence for persons leaving correctional institutions; residential rehabilitation centers for alcohol and drug users, provided that detoxification is expressly prohibited on such premises; and a transitional housing unit. A Class II Type A group home contains six (6) or more residents, exclusive of staff. A Class II Type B group home contains five (5) or fewer residents, exclusive of staff.

(Ord. 98-176. Passed 8-3-98.)

   "Health unit office" means an office building financed by public funds and constructed for exclusive use by State or local health units, and only intended for administrative or out-patient use.

(Ord. 98-176. Passed 8-3-98.)

   "Height" means, in the case of a wall, building or part of a building, the vertical distance from the average established curb grade or established grade in front of the lot, or from the average finished grade at the building line, if higher, to the top of the roof.

(Ord. 98-176. Passed 8-3-98.)

   "Home occupation" means a revenue enhancing accessory use which is clearly incidental and subordinate to the use of the premises as a dwelling, and is conducted entirely within the dwelling unit without any significant adverse effect upon the surrounding neighborhood.

(Ord. 98-176. Passed 8-3-98.)

   "Hospital" means an institution providing health services primarily for human in- patient medical or surgical care for the sick or injured, and including related facilities such as laboratories, out-patient departments, training facilities, central service facilities, and staff offices that are an integral part of the facilities.

(Ord. 98-176. Passed 8-3-98.)

   "Hotel / motel" means a facility offering transient lodging accommodations to the general public and including potential additional services such as restaurants, meeting rooms, and recreational facilities.

(Ord. 98-176. Passed 8-3-98.)

   "Household" means one (1) or more persons customarily living together as a single housekeeping unit and using common cooking facilities, as distinguished from persons occupying a hotel, club, boarding or lodging house, motel, sorority house, fraternity house, group home or transitional housing unit.

(Ord. 98-176. Passed 8-3-98.)

   "Junk yard" means a place where waste or discarded or salvaged materials are bought, sold, exchanged, stored, baled, cleaned, packed, disassembled or handled, including auto wrecking yards, house wrecking yards, used lumber yards, and places or yards for use of salvaged house wrecking and structural steel materials and equipment, but excluding such uses when the same are conducted entirely within a completely enclosed building, and excluding pawn shops and establishments for the sale, purchase or storage of used cars in operable condition, salvaged machinery, used furniture and household equipment, and the processing of used, discarded or salvaged materials as part of manufacturing operations.

(Ord. 98-176. Passed 8-3-98.)

   "Kennel" means any lot or premises on which more than three (3) dogs, cats or other household pets are either permanently or temporarily boarded, bred or sold.

(Ord. 98-176. Passed 8-3-98.)

   "Land use intensity" means the total lot coverage of all buildings on the lot.

(Ord. 98-176. Passed 8-3-98.)

   "Loading space" means 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.

(Ord. 98-176. Passed 8-3-98.)

   "Lot" means a piece or parcel of land unoccupied or occupied by a principal building or group of buildings and accessory buildings, or utilized for a principal use and accessory uses thereto, together with such required open spaces, and having frontage on a public street or on an easement of record.

(Ord. 98-176. Passed 8-3-98.)

   "Corner lot" means a lot abutting upon two (2) or more streets at their intersection.

(Ord. 98-176. Passed 8-3-98.)

   "Depth of lot" means the average horizontal distance between the front and rear lot lines.

(Ord. 98-176. Passed 8-3-98.)

   "Interior lot" means a lot other than a corner lot.

(Ord. 98-176. Passed 8-3-98.)

   "Width of lot" means the mean horizontal distance across the lot between side lot lines measured at right angles to its depth.

(Ord. 98-176. Passed 8-3-98.)

   "Front lot line" means, in the case of an interior lot, the lot line separating such lot from the abutting street. In the case of a corner lot, "front lot line" means all lot lines which separate such lot from the street.

(Ord. 99-81. Passed 5-3-99.)

   "Rear lot line" means the lot line which is opposite and most distant from the front lot line.

(Ord. 98-176. Passed 8-3-98.)

   "Side lot line" means any lot line not a front lot line or a rear lot line. A side lot line separating a lot from a street is called a side street lot line.

(Ord. 98-176. Passed 8-3-98.)

   "Lot of record" means a lot which is part of a subdivision, the plat of which has been recorded in the office of the County Recorder of Lorain County, or a lot described by a metes and bounds description, the description of which has been recorded in the Recorder's office.

(Ord. 98-176. Passed 8-3-98.)

   "Manufactured housing" means any non-self-propelled vehicle transportable in one (1) or more sections, which, in the traveling mode, is eight (8) body feet or more in width or forty (40) body feet or more in length or, when erected on site, is three hundred twenty (320) or more square feet, and which is built on a permanent chassis and designed to be used as a dwelling with or without a permanent foundation when connected to the required utilities, and includes plumbing, heating, air conditioning, and electrical systems contained therein. Calculations used to determine the number of square feet in a structure are based on the structure's exterior dimensions measured at the largest horizontal projection when erected on the site. These dimensions include all expandable rooms, cabinets, and other projections containing interior space, but do not include bay windows.

(Ord. 98-176. Passed 8-3-98.)

   "Hazardous manufacturing and hazardous storage" means the assembling, altering, fabricating, finishing or processing, or the treatment or storage, of a product using any substances or materials that, by reason of their toxic, caustic, corrosive, abrasive, flammable or explosive nature or otherwise injurious properties, may be detrimental or deleterious to the health of any person handling or otherwise coming in contact with such materials or substance.

(Ord. 98-176. Passed 8-3-98.)

   "Heavy manufacturing and storage" means the assembling, altering, fabricating, finishing or processing, or the treatment or storage, of a product using flammable or explosive materials or utilizing a process which potentially involves or creates commonly recognized offensive conditions such as smoke, noise, vibration, dust, or glare.

(Ord. 98-176. Passed 8-3-98.)

   "Light manufacturing and storage" means the assembling, altering, fabricating, finishing or processing, or the treatment or storage, of a product.

(Ord. 98-176. Passed 8-3-98.)

   "Medical marijuana entity" includes cultivation facilities, processing facilities, dispensaries, and testing laboratories as provided in R.C. Chapter 3796.

(Ord. 2017-150. Passed 11-6-17.)

   "Mixed use" means a combination of two (2) or more principally permitted or conditionally permitted uses within a district, in the same building or on the same premises.

(Ord. 98-176. Passed 8-3-98.)

   "Motor vehicle cleaning facility" means a facility whose sole purpose, either by manual or automatic operation, is to clean the interior and exterior of automobiles, vans and trucks, except trucks, tractors and any other commercially licensed vehicles over one-ton capacity.

(Ord. 2003-188. Passed 11-10-03.)

   "Nonconforming use" means a building, other structure or land lawfully occupied or used at the time of enactment of this Zoning Code, or any amendment hereto, that does not conform to the provisions of this Zoning Code and as amended for the district in which it is located.

(Ord. 98-176. Passed 8-3-98.)

   "Nursing home" means a residential institution licensed by the State of Ohio to provide care for three (3) or more unrelated persons who are elderly or have a physical or mental impairment and includes assisted living facilities.

(Ord. 98-176. Passed 8-3-98; Ord. 2002-214. Passed 11-4-02.)

   "Odor threshold" means the lowest concentration of odorous matter that produces olfactory response in normal human beings.

(Ord. 98-176. Passed 8-3-98.)

   "Odor unit" means a unit of odor strength. It is the amount of odorous material in one (1) cubic foot of clean air that is just detectable by fifty (50) percent of a panel of human observers.

(Ord. 98-176. Passed 8-3-98.)

   "Office" means a building or portions of a building wherein services are performed involving predominantly administrative, professional or clerical operations.

(Ord. 98-176. Passed 8-3-98.)

   "Public parking area" means an off-street area for the parking of motor vehicles available to the public customarily for a fee.

(Ord. 98-176. Passed 8-3-98.)

   "Restricted accessory parking area" means an area of parking spaces located in a residentially zoned district and accessory to one (1) or more business or industrial establishments located in an adjoining business or industrial district or for use in connection with one or more nonconforming institutional buildings.

(Ord. 98-176. Passed 8-3-98.)

   "Parking space" means a permanently surfaced area of not less than one hundred sixty-two (162) square feet and having a width of not less than nine (9) feet, either within an enclosed structure or in the open, exclusive of driveways or access drives, for the parking of motor vehicles.

(Ord. 98-176. Passed 8-3-98.)

   "Particulate matter" means material other than water which is suspended in or discharged into the atmosphere in a finely divided form as a liquid or solid.

(Ord. 98-176. Passed 8-3-98.)

   "Permanent supportive housing" is long-term housing for persons with disabilities. It consists of community-based housing and supportive services designed to enable homeless persons with disabilities to live as independently as possible in a permanent setting.

(Ord. 2003-38. Passed 3-3-03.)

   "Personal services" means the activities conducted in an office, store, spa, wellness center, photocopy duplication center or other place of business catering to the personal needs of a customer, such as are normally conducted by a barber, beautician, tailor, dressmaker, doctor, attorney, or architect.

(Ord. 98-176. Passed 8-3-98; Ord. 2008-107. Passed 8-4-08.)

   "Commercial recreation" means land or facilities operated as a business and open to the general public for a fee, including but not limited to, rollerblade rental, billiard parlors, video amusement arcades, pay-to-play athletic fields, golf courses, ice skating rinks or swimming pools.

(Ord. 98-176. Passed 8-3-98.)

"Non-commercial recreation" means any land or facility operated by a governmental or non-profit organization and open to the public or members of the non-profit organization without a fee, including, but not limited to, picnic areas, bike/hike trails, public golf courses, and athletic fields.

(Ord. 98-176. Passed 8-3-98.)

   "Recreational vehicle" means a portable structure that is self-propelled or towable by another vehicle and of such size and weight as not to require special highway movement permits. Such vehicle shall be primarily designed, constructed or modified to provide temporary living quarters or for recreational, camping or travel use, and not for commercial purposes or for profit, and shall include, but not be limited to, the following:

   A.   "Travel trailer" means a vehicular portable structure built on a chassis designed to be used as a temporary dwelling for travel, recreational and vacation uses.

   B.   "Pick-up camper" means a structure designed primarily to be mounted on a pick-up or truck chassis and with sufficient equipment to render it suitable for use as a temporary dwelling for travel, recreational and vacation uses.

   C.   "Motorized home" means a portable dwelling designed and constructed as an integral part of a self-propelled vehicle.

   D.   "Folding tent-trailer" means a folding structure, mounted on wheels and designed for travel and vacation uses.

   E.   "Boat" or "boat trailer" means a boat, float or raft, and any equipment to transport the same on the highway.

   F.   "Watercraft" means a boat, float, raft, canoe, or any other such vehicle and any equipment to transport the same on the highway.

(Ord. 98-176. Passed 8-3-98.)

   "Religious place of worship" means any structure where people participate in or hold religious services, meetings and other related activities.

(Ord. 98-176. Passed 8-3-98.)

   "Research and development laboratory" means a building in which scientific research, investigation, testing or experimentation is conducted, but not including the manufacturing or sale of products, except incidentally to the principal use of the laboratory.

(Ord. 98-176. Passed 8-3-98.)

   "Restaurant" means an establishment whose principal business is the selling of unpackaged food and beverages to the customer in a ready to consume state and which provide tables and chairs for customer use while consuming the food and/or beverage.

(Ord. 98-176. Passed 8-3-98; Ord. 2001-131. Passed 9-4-01.)

   "Fast food restaurant" means an establishment whose principal business is the sale of prepared or rapidly prepared food, directly to the consumer in a ready to consume state.

(Ord. 98-176. Passed 8-3-98.)

   "Retail business" means any business selling goods, wares or merchandise directly to the ultimate consumer for direct consumption and not for resale.

(Ord. 98-176. Passed 8-3-98.)

   "Neighborhood retail business" means any business selling goods, wares or merchandise directly to the ultimate consumer for direct consumption and not for resale which serves the surrounding community.

(Ord. 98-176. Passed 8-3-98.)

   "Right-of-way" means a strip of land between property lines dedicated for use by the public or owned by the public for street use.

(Ord. 98-176. Passed 8-3-98.)

   "Ringelmann Chart" means a chart originally published in U.S. Bureau of Mines Circular No. 7718 (August, 1955) on which density of equivalent opacity of smoke is illustrated by increasingly dense shades of gray (0 = clear, 5 = opaque).

(Ord. 98-176. Passed 8-3-98.)

   "Ringelmann number" means the shade identified on the Ringelmann Chart which varies from 0 (clear) to 5 (opaque).

(Ord. 98-176. Passed 8-3-98.)

   "Satellite dish" means a device incorporating a reflective surface that is solid, open mesh, or bar configured and is in the shape of a shallow dish, cone, horn or tower, for the purpose of receiving radio or electromagnetic waves.

(Ord. 98-176. Passed 8-3-98.)

   "Setback" means the required minimum horizontal distance between the building line and the related front, side or rear property line.

(Ord. 98-176. Passed 8-3-98.)

   "Shopping center" means a grouping of retail and service uses on a single site that is developed, owned and managed as a unit with off-street parking as an integral part of the unit.

(Ord. 98-176. Passed 8-3-98.)

   "Sign" means an outdoor advertising structure, device or visual communication designed or intended to convey information to the public in written or pictorial form.

(Ord. 98-176. Passed 8-3-98.)

   "Off-premises sign" means a sign structure advertising an establishment, merchandise, service or entertainment, which is not sold, produced, manufactured or furnished at the property on which said sign is located, e.g. billboards or outdoor advertising.

(Ord. 98-176. Passed 8-3-98.)

   "On-premises sign" means a sign which pertains to the use of the premises on which it is located.

(Ord. 98-176. Passed 8-3-98.)

   "Site plan" means a plan, prepared to scale, showing accurately and with complete dimensioning the boundaries of a site and the location of all buildings, structures, uses and principal site development features proposed for a specific parcel of land.

(Ord. 98-176. Passed 8-3-98.)

   "Smoke" means small gas-borne particles, other than water, that form a visible plume in air.

(Ord. 98-176. Passed 8-3-98.)

   "Performance standard" means a criterion established in the interest of protecting the public health and safety for the control of noise, odor, smoke, noxious gases and other objectionable or dangerous elements generated by and inherent in or incidental to land uses.

(Ord. 98-176. Passed 8-3-98.)

   "Story" means that part of a building, other than a cellar or a mezzanine, included between the upper surface of any floor and the upper surface of the floor next above; or, if there is no floor next above, the ceiling or roof next above such floor. For the purpose of determining the required dimensions of yards and courts, when the average story height of a building exceeds twelve (12) feet, each twelve (12) feet, or fraction thereof, of the total building height shall be considered a separate full story or fractional story respectively, except the first story, which may be fifteen (15) feet high. A mezzanine story shall be deemed a full story where it covers more than fifty (50) percent of the ground story area.

(Ord. 98-176. Passed 8-3-98.)

   "Ground story" means the lowest story the floor of which is not more than three and one-half (3-1/2) feet below the average contact ground level at the exterior walls of the building, such ground level to be at the top of any walled areas, except that any basement used for residence purposes other than for a janitor or caretaker or his or her household shall be deemed a ground or first story.

(Ord. 98-176. Passed 8-3-98.)

   "Private street" means any private right-of-way, square, lane or way set aside as a permanent right-of-way.

(Ord. 98-176. Passed 8-3-98.)

   "Public street" means a right-of-way which is more than thirty (30) feet in width and which provides a public means of access to abutting property for motor vehicles.

(Ord. 98-176. Passed 8-3-98.)

   "Structural alteration" means any change in the supporting members of a building or structure, such as bearing walls, columns, beams or girders, or any substantial changes in the roof of a building.

(Ord. 98-176. Passed 8-3-98.)

   "Structure" means anything constructed, the use of which requires permanent or temporary location on the ground or attachment to something having permanent location on the ground.

(Ord. 98-176. Passed 8-3-98.)

   "Tavern" means 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 food may be available for consumption on the premises.

(Ord. 98-176. Passed 8-3-98.)

   "Toxic or noxious substance" means any solid, liquid or gaseous matter including, but not limited to, gas, vapor, dust, fumes and mist containing properties which by chemical means are inherently harmful and likely to destroy life and impair health, or are capable of causing injury to the well being of persons or damage to property.

(Ord. 98-176. Passed 8-3-98.)

   "Transitional housing" means temporary housing or shelter where residents stay less than twenty-four (24) months while receiving rehabilitative and related services provided on the premises.

(Ord. 98-176. Passed 8-3-98.)

   "Truck terminal" means a premises which is used for the loading and unloading of trucks upon which the storage of cargo is incidental to the primary function of motor freight shipment or shipment point, and which is designed to accommodate the simultaneous loading or unloading of two (2) or more trucks.

(Ord. 98-176. Passed 8-3-98.)

   "Use" means the purpose for which land or a building or structure is arranged, designed, or intended, or for which either land or a building or structure is, or may be, occupied or maintained.

(Ord. 98-176. Passed 8-3-98.)

   "Accessory use" means the use subordinate to the principal use of a building on the same lot and serving a purpose naturally and normally incidental to such principal use of a building, provided any such use was begun at the same time or after the construction of the principal building.

(Ord. 98-176. Passed 8-3-98.)

   "Conditional use" means a use which is permitted in a district only if such use is expressly authorized by the Planning Commission, the Board of Zoning Appeals, and/or City Council.

(Ord. 98-176. Passed 8-3-98.)

   "Principally permitted use" means a use which is permitted outright in a district.

(Ord. 98-176. Passed 8-3-98.)

   "Variance" means a modification of the strict terms of the relevant regulations where such modification will not be contrary to the public health, safety, or welfare and where, owing to conditions peculiar to the property and not the result of the action of the applicant, a literal enforcement of such regulations would result in unnecessary and undue hardship.

(Ord. 98-176. Passed 8-3-98.)

   "Vehicle" means every device, including a motorized bicycle, in, upon, or by which any person or property may be transported or drawn upon a street or highway, except motorized wheelchairs and devices other than bicycles moved by human power.

(Ord. 98-176. Passed 8-3-98.)

   "Veterinarian office/animal hospital" means a building used for the medical treatment, housing or boarding of domestic animals such as dogs, cats, rabbits and birds by a veterinarian.

(Ord. 98-176. Passed 8-3-98.)

   "Vibration" means the periodic displacement or oscillations per minute of a vibration.

(Ord. 98-176. Passed 8-3-98.)

   "Warehouse" means a building used primarily for the storage of goods and materials.

(Ord. 98-176. Passed 8-3-98.)

   "Lock and store warehouse" means a building or group of buildings in a controlled access compound that contains equal or varying sizes of compartmentalized and controlled access stalls or lockers for the storage of residential consumer goods or wares.

(Ord. 98-176. Passed 8-3-98.)

   "Wholesale business" means an establishment engaged in the storage and selling of merchandise to retail establishments rather than to consumers.

(Ord. 98-176. Passed 8-3-98.)

   "Front yard" means an open space extending the full width of the lot between a building and the front lot line, unoccupied and unobstructed from the ground upward except as hereinafter specified. The least depth of a front yard is the shortest distance measured horizontally, between any part of a building, exclusive of such parts hereinafter excepted, and the front lot line. Excepted projections, such as, but not limited to, architectural features, eaves, gutters, cornices, window sills, bay windows, chimneys, flues, pilasters, lintels and the like, shall not extend or project into a required front yard more than two feet. Open, unenclosed and uncovered porches, steps, paved terraces and the like may project beyond the front building line a distance not to exceed five (5) feet.

(Ord. 98-176. Passed 8-3-98.)

   "Rear yard" means an open space extending the full width of a lot between a building and the rear lot line, unoccupied and unobstructed from the ground upward except as hereinafter specified. The least depth of a rear yard is the shortest distance, measured horizontally, between any part of a building, other than such parts hereinafter excepted, and the rear lot line. Excepted projections such as, but not limited to, architectural features, eaves, gutters, cornices, window sills, bay windows, chimneys, flues, pilasters, lintels and the like, shall not extend or project into a required rear yard more than two feet. Open, unenclosed and uncovered porches, steps, paved terraces and the like may project into a required rear yard a distance not to exceed five (5) feet.

(Ord. 98-176. Passed 8-3-98.)

   "Side yard" means an open space extending from the front yard to the rear yard between a building and the side lot line unoccupied and unobstructed from the ground upward except as hereinafter specified. The least width of a side yard is the shortest distance, measured horizontally, between any part of a building, other than such parts hereinafter excepted and the nearest side lot line. Excepted projections, such as, but not limited to, architectural features, eaves, gutters, cornices, window sills, bay windows, chimneys, flues, pilasters, lintels and the like, shall not extend or project into a required side yard more than two (2) feet.

(Ord. 98-176. Passed 8-3-98.)

   "Zoning Code" and "Code" mean Section 1121.01 et. seq., being Title Five of this Part Eleven, the Planning and Zoning Code.

(Ord. 98-176. Passed 8-3-98.)

   "Zoning Ordinance" means Ordinance 4297, passed June 8, 1953, as modified by subsequent amendments.

(Ord. 98-176. Passed 8-3-98.)

   "Zoning permit" means a document issued by the Building Inspector authorizing parking facilities consistent with the terms of this Zoning Code and for the purpose of carrying out and enforcing its provisions.

(Ord. 98-176. Passed 8-3-98.)