Lorain City Zoning Code
TITLE ELEVEN
Definitions
APPENDIX A CONSOLIDATED TABLE OF USES
17 If the use to which teh proposed use is similar is permitted by right, the proposed use shall be permitted by right. If the similar use is a conditional use, teh proposed use shall be conditional.
(Ord. 4-21. Passed 1-4-21.)
APPENDIX B CONSOLIDATED TABLE OF DIMENSIONAL REQUIREMENTS
18
Min. lot area per dwelling unit.
19
Refers to total project area to be developed.
20
All single-family detached and two-family lots within the Residential Districts shall have a depth of at least 120 ft.
21
Net acre shall be calculated as the total site acreage, less the area occupied by wetlands and street right-of-way or street easements.
22
Maximum five (5) attached dwellings per building.
23
Maximum five (5) attached dwellings and 12 multiple dwelling units per building.
24
Refers to area occupied by commercial, office or institutional uses and associated parking, not including required open space. Accessory business uses entirely within a principal use such as golf course pro shops, employee day care or hair salons for residents of a retirement community shall not be counted toward the non-residential area requirements.
25
Minimum setbacks shall not be applied to individual lots within the development; provided, all greenway and buffer requirements specified in Chapter 1147 shall apply to property abutting the perimeter of the mixed-use development and any public street.
26
Minimum side and rear setback abutting a residential zoning district shall be 50 ft. in the I-1 and 75 ft. in the I-2 District.
27
A minimum separation of 20 ft. shall be maintained between ends of contiguous buildings.
28
Hospitals may be a maximum of 100 feet or eight (8) stories.
29
Required open space may include the following if generally accessible to all users of mixed-use development: parks, landscaped buffer areas, lakes, rooftop gardens, plazas, city squares, playgrounds and recreation areas, outdoor sports facilities, surface easements for drainage facilities and pedestrian walkways or paths; provided, the requirements of Section 1129.04 shall be met.
(Ord. 4-21. Passed 1-4-21.)
CODIFIED ORDINANCES OF LORAIN
1191.01 DEFINITIONS A-B.
ACCESSORY BUILDING. A subordinate building detached from, but located on the same lot as, the principal building, the use of which is incidental and accessory to that of the principal building or use. A storage container, trailer, or similar item is not an accessory building.
ACCESSORY USE. A use customarily incidental and subordinate to the principal use or building and located on the same lot as the principal use or building.
ALLEY. A public thoroughfare or way, not more than thirty (30) feet in width except for necessary turnarounds, and which normally provides a secondary means of access to abutting property.
ALTERATION: Any change to any land, structure or building.
ALTERATION, BUILDING: Any change in the use of a building or any physical alteration made which modifies the existing foundation, load bearing walls or roof of a building; or requires an electrical, plumbing or mechanical permit.
ANIMAL HOSPITAL. An enclosed structure allowing for overnight or continuous care, diagnosis, and treatment of animal illnesses by a veterinarian.
BAR: Any place devoted primarily to the retailing and drinking of malt, vinous, or other alcoholic beverages, or which derives at least seventy-five percent (75%) of its total annual gross sales from the sale of such beverages for consumption on the premises.
BASEMENT: That portion of a building all or partly underground but having at least one-half (1/2) of its height below the average level of the adjoining ground.
BED AND BREAKFAST: An owner-occupied private single-family residence which is the principal residence of the owner and the principal structure on the premises, with bedrooms available for rent to the general public and with breakfast served at no additional cost.
BOARDING HOUSE. A dwelling or part thereof, other than a hotel or motel, providing rooms for compensation for three (3) or more unrelated persons who may reside for extended periods. Cooking facilities are not provided in the individual units. Accessory uses may include dining rooms and recreation rooms for use by the occupants, but not for the general public.
BUFFER: Any visual buffer, screening, open spaces, landscaped areas, fences, walls, berms, or any combination thereof required by this ordinance used to physically separate or screen one use of property from another so as to visually shield or physically block noise, lights, or other nuisances.
BUILDING: Any structure, either temporary or permanent, having walls and a roof, designed for the shelter of any person, animal or property and occupying more than 100 square feet of area.
BUILDING HEIGHT: The vertical distance from the average adjacent grade at the center of the front of the building to the highest point of the roof surface for a flat roof, to the deck line for a mansard roof and to the mean height level between eaves and ridge for gable, hip and gambrel roofs.
BUILDING LINE. A line established by the zoning ordinance, generally parallel with and measured from the lot line, defining the limits of a required yard in which no building or structure may be located, except as may be provided in the Zoning Ordinance. Also referred to as the required setback.
BUILDING PERMIT. The written approval by the zoning administrator authorizing the construction, alteration, or repair of a building or structure at a specific location and under definite regulations which the owner of the property, building or structure and the contractor or builder of the same agree to follow exactly.
(Ord. 4-21. Passed 1-4-21.)
1191.02 DEFINITIONS C-D.
CERTIFICATE OF OCCUPANCY. The written approval by the Building Official or his designee stating that a building or structure complies with the Building Code.
CERTIFICATE OF COMPLETION. The written approval by the Zoning Administrator or his designee stating that a building, structure, use of land, and/or site improvements, such as landscaping, stormwater management, water and sewer systems, paving, and lighting, complies with the requirements of the Zoning Ordinance and all approved plans and specified conditions.
CHILD DAY CARE CENTER. A commercial establishment not located in a residence which provides care for five (5) or more infants, pre-school children, or school-age children outside of school hours, by persons other than their parents for any part of the twenty-four (24) hour day, but not including the care of children in places of worship.
CITY: Unless the context clearly discloses a contrary intent, the word "City" shall mean the City of Lorain, Ohio.
CLINIC: An establishment where patients who are not lodged overnight are admitted for examination and treatment.
CLUB, PRIVATE: Associations and organizations of a fraternal or social character, not operated or maintained for profit. The term "private club" shall not include nightclubs or other institutions operated for profit.
CLUB, CIVIC: A use of property and buildings for the purpose of providing a meeting place or meeting house for a group or organization of persons having as their primary purpose or goal the furtherance of activities or concepts relating to the common good and general welfare of the citizens of a geographic area.
CONDITIONAL USE: A use identified by this Ordinance which may have characteristics of its operation (such as traffic, noise, hours of operation, or other potential nuisance effects) that requires special review and may warrant additional conditions beyond the general requirements of the district in which it is located to mitigate its impacts and ensure its compatibility with its surroundings.
CONSTRUCTION: The erection of a new building or the alteration of an existing building in connection with its repair or renovation or in connection with making an addition to an existing building.
CORRECTIONAL HALFWAY HOUSE: A premise which provides room and board and correctional oversight pursuant to a contract to provide those services for the Federal Bureau of Prisons or the Ohio Department of Rehabilitation and Corrections or the Lorain County Court of Common Pleas, Department of Probation, or any other governmental entity with jurisdiction to provide correctional services to adults who have been assigned to such facility by either a governmental authority or a court of law. Such premises may be one building or a group of buildings located on contiguous properties.
DEVELOPMENT: Any manmade change to improved or unimproved real estate, including, but not limited to, buildings or other structures, mining, dredging, filling, grading, paving, excavating, drilling operations, and storage of materials or equipment. Shall also mean:
(1) The division of a lot, tract or parcel of land into two (2) or more lots, plots, sites, tracts, parcels, or other divisions by plat or deed;
(2) The construction, installation, or alteration of a structure, impervious surface, or drainage facility;
(3) Cleaning, scraping, grubbing, or other activities that significantly disturb the soil, vegetation, and trees of a site; or
(4) Adding, removing, exposing, excavating, leveling, grading, digging, burrowing, dumping, piling, dredging, or otherwise disturbing the soil, vegetation, or trees of a site.
DRIVE-THROUGH: A facility designed to accommodate pickup of food, merchandise or services by motor vehicle momentarily at rest in a driveway expressly designed for that purpose.
DWELLING: Any building or portion thereof designed for or used for residential purposes, but not including hotels/motels, recreational vehicles, tents or portable buildings.
(1) DWELLING, MULTI-FAMILY: A building, or portion thereof, designed, constructed, altered or used for occupancy by three (3) or more families, living independently of each other and each doing their own cooking within their dwelling unit; with the number of families in residence not exceeding the number of dwelling units provided.
(2) DWELLING, SINGLE-FAMILY DETACHED: A detached building designed for the complete living accommodations of one (1) family and containing only one (1) dwelling unit.
(3) DWELLING, SINGLE-FAMILY ATTACHED: A dwelling designed for occupancy by one (1) family in a row of at least three (3) dwelling units in which each unit has its own front and rear access to the outside, no unit is located over another and each unit is separated from any other unity by one (1) or more vertical common fire-resistant walls.
(4) DWELLING, TWO-FAMILY: A detached building designed for and occupied exclusively by two (2) families living independently of one another, also referred to as a duplex.
DWELLING UNIT: A permanent building, or any part of a permanent building, having cooking and sanitary facilities, designed or used exclusively for residential occupancy by one (1) family as a single housekeeping unit.
DWELLING UNIT, ACCESSORY. A dwelling subordinate to a principal single-family dwelling on the same lot or parcel and located within or attached to the principal dwelling which contains sleeping quarters, a bathroom, living area, and kitchen facilities for one (1) family.
(Ord. 4-21. Passed 1-4-21.)
1191.03 DEFINITIONS E-F.
EASEMENT: An acquired legal right for the specific use of land owned by others.
FAMILY: One (1) or more persons occupying a dwelling unit, living as a single, nonprofit housekeeping unit; provided, a group of four (4) or more persons who are not within the second degree of kinship shall not constitute a family.
FENCE: An artificially constructed barrier, typically constructed of posts, wire and/or wood, erected to enclose, screen, or separate areas. A natural plant species which has been planted to form a continuous barrier to prevent passage or for protection shall be considered a fence.
FLOOD OR FLOODING: Means a general and temporary condition of partial or complete inundation of normally dry land areas from the overflow of inland or tidal waters; or the unusual and rapid accumulation or runoff of surface waters from any source.
(1) BASE FLOOD: The flood having a one percent (1% ) chance of being equaled or exceeded in a given year.
(2) FLOOD INSURANCE STUDY: The official report provided by the Federal Insurance Administration that includes flood profiles, the Flood Boundary-Floodway Map, and the water surface elevation of the base flood.
(3) FLOOD INSURANCE RATE MAP (FIRM): The official map on which the Federal Insurance Administration has delineated both the areas of special flood hazard and the risk premium zones applicable to the community.
(4) FLOODPLAIN: Any land area susceptible to flooding.
(5) FLOODWAY: the channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than one-half foot.
(6) SPECIAL FLOOD HAZARD AREA: The area within a floodplain subject to a one percent (1%) or greater chance of flooding in any given year.
FLOOR AREA, GROSS: The sum of all gross horizontal areas of the several floors of a building or buildings, measured from the outside dimensions of the structure or from the centerline of a wall separating two (2) buildings, but excluding any space where the floor-to-ceiling height is less than six (6) feet.
(1) FLOOR AREA, GROSS LEASABLE: The area within a shopping center, commercial or industrial condominium that is available for lease by tenants, not including common elements such as, but not limited to, hallways and mall public areas.
(2) FLOOR AREA, LIVABLE: The finished area of a dwelling unit heated and/or air conditioned, located above ground, but not including basements, garages, covered patios or porches, or other outdoor space.
(3) FLOOR AREA, USABLE: That area to be used for the sale of merchandise or services, or for use to serve patrons, clients or customers, measured from the interior faces of the exterior walls. Areas used principally for the storage or processing of merchandise, for hallways, stairways and elevator shafts, or for utilities and sanitary facilities shall be excluded from this computation.
(Ord. 4-21. Passed 1-4-21.)
1191.04 DEFINITIONS G-J.
GARAGE. PRIVATE: An accessory building or portion of a principal building designed or used for the storage of motor-driven vehicles, boats, and similar vehicles owned and used by the occupants of the building to which it is accessory.
GRADE:
(1) GRADE, AVERAGE: The mean point between the highest and lowest ground elevation abutting the existing or proposed location of each face of the exterior walls of a building.
(2) GRADE, FINISHED: The final elevation and contour of the ground after cutting or filling and conforming to the proposed design.
(3) GRADE, NATURAL: The elevation of the ground level in its natural state before construction, filling or excavation. Also referred to as Ground Elevation or Natural Ground Surface.
GREEN BELT: A strip of land containing trees, shrubs and/or other required landscape materials located within the front yard and extending for a prescribed depth from the front lot line across the width of the lot or parcel.
HELIPORT: A facility designed to accommodate operation of helicopters and includes landing surfaces and associated services and operating facilities.
HELISTOP: A land deck or surface upon which helicopters may land. It may also be a specially prepared roof surface or a superstructure above a building roof, having no housing or service facilities.
HISTORIC STRUCTURE: Any structure that is:
(1) Listed individually in the National Register of Historic Places (a listing maintained by the U.S. Department of Interior) or preliminarily determined by the secretary of the interior as meeting the requirements for individual listing on the National Register:
(2) Certified or preliminarily determined by the secretary of the interior as contributing to the historical significance of a registered historic district or a district preliminarily determined by the secretary to qualify as a registered historic district:
(3) Individually listed on a state inventory of historic places and determined as eligible by states with historic preservation programs which have been approved by the secretary of the interior; or
(4) Individually listed on a local inventory of historic places and determined as eligible by communities with historic preservation programs that have been certified either:
A. By an approved state program as determined by the secretary of the interior; or
B. Directly by the secretary of the interior in states without approved programs.
HOME-BASED CHILD CARE: A private residence in which minor children receive care and supervision for periods of less than twenty-four (24) hours per day, unattended by parent or legal guardian, except children related to an adult member of the household.
HOME OCCUPATION: A vocational activity conducted as an accessory use within a dwelling unit by a member or members of the resident family and which is clearly accessory and incidental to the principal residential use of the dwelling.
HOSPITAL: Any institution receiving inpatients, providing a staffed twenty-four (24) hour emergency care facility and authorized under Ohio law to render medical, surgical and/or obstetrical care. The term shall also include a sanitarium with an approved certificate of need (CON) from the state health planning agency for the treatment and care of various forms of mental illness, but shall not include clinics, convalescent homes or nursing homes or office facilities for the private practice of medicine, dentistry or psychiatry.
HOTEL: A building under single management that provides rooms or suites intended primarily as sleeping accommodations for public rental on a daily basis for registered guests. A hotel includes a central interior lobby and provides daily room cleaning and linen changes. Other supportive facilities may also include, but not be limited to, meeting rooms, incidental retail sales, restaurants, lounges, swimming pools, recreational and fitness facilities and similar facilities/services intended principally to serve registered guests.
IMPERVIOUS SURFACE: Any surface composed of any material that greatly impedes or prevents the natural infiltration of water into the underlying native soils. Impervious surfaces include, but are not limited to, rooftops, buildings, sidewalks, driveways, streets and roads.
INDOOR COMMERCIAL RECREATION CENTER: A building or place of business equipped with various machines, devices, facilities and electronic devices, but not including gambling devices, where, for a fee, persons may engage in various games and diversions.
(Ord. 4-21. Passed 1-4-21.)
1191.05 DEFINITIONS K-N.
KENNEL: Any place or premises where four (4) or more dogs or cats over four (4) months of age are kept.
LANDSCAPE MATERIALS: Any combination of living plant materials and nonliving materials such as rocks, pebbles, wood chips, mulch and pavers, and decorative features, including sculpture, patterned walks, fountains, and pools.
LOT: A developed or undeveloped parcel or tract of land in one ownership, legally transferable as a single unit of land. Also means a parcel.
(1) LOT, CORNER: A lot having contiguous frontage on two (2) intersecting streets if the interior angle at the intersection of those streets is less than 135 degrees. A lot abutting a curved street shall be considered a corner lot if the arc is of less radius than 150 feet and the tangents to the curve, at the two points where the lot lines meet the curve or the straight street line extended, form an interior angle of less than 135 degrees.
(2) LOT, INTERIOR: A lot, the side lines of which do not abut on a street.
(3) LOT, THROUGH: An interior lot having frontage on two (2) streets that are approximately parallel.
(4) LOT, FLAG: A lot with access provided to the bulk of the lot by means of a narrow corridor.
LOT AREA: The total horizontal area within the lot lines of the lot, excluding any street right-of-way or easement dedicated for street purposes.
LOT DEPTH: The horizontal distance between the front and rear lot lines, measured along the midpoint between the side lot lines.
LOT LINE:
(1) LOT LINE, FRONT: That lot line separating the lot from the street right-of-way or street easement. Through lots have two (2) front lot lines. The front lot line of a corner lot shall be the shortest lot line abutting a street.
(2) LOT LINE, REAR: The lot line opposite and most distant from the front lot line. In the case of a triangular or gore-shaped lot where the two (2) side lot lines converge in the rear, the rear lot line shall be considered to be an imaginary line 10 feet long within the lot, parallel to and at the maximum distance from the front lot line. A through lot has no rear lot line.
(3) LOT LINE, SIDE: Any lot line other than a front or rear lot line. A side lot line separating a lot from a street is a street side lot line. A side lot line separating a lot from another lot or plots is an interior side lot line.
LOT WIDTH: The horizontal distance between the side lot lines of a lot measured at the two points where the required front setback line intersects the side lot lines.
MANUFACTURED HOME, PERMANENTLY SITED: A manufactured home that meets all of the following criteria:
(1) The structure is affixed to a permanent foundation and is connected to appropriate facilities.
(2) The structure, excluding any addition, has a width of at least twenty-two (22) feet at one point, a length of at least twenty-two (22) feet at one point, and a total living area, excluding garages, porches, or attachments, of at least nine hundred (900) square feet.
(3) The structure has a minimum 3:12 residential roof pitch, conventional residential siding, and a six-inch minimum eave overhang, including appropriate guttering.
(4) The structure was manufactured after January 1, 1995.
(5) The structure is not located in a manufactured home park as defined by Section 4781.01 of the Ohio Revised Code.
MANUFACTURED HOME PARK OR COMMUNITY: A parcel (or contiguous parcels) of land divided into two or more lots to be rented or sold for installation of manufactured homes.
MICRO-BREWERY: A business establishment engaged in making specialty beer in limited quantities for sale, in accordance with Ohio law.
NONCONFORMING BUILDING OR STRUCTURE: A building or structure or portion thereof lawfully existing at the effective date of this Ordinance or amendments thereto, but no longer conforming to the current provisions of the Ordinance with respect to such requirements as height, size, setbacks, access, materials or landscaping.
NONCONFORMING LOT: A lot lawfully existing at the time it was created that does not conform to the current lot area and/or width requirements of this Ordinance.
NONCONFORMING USE: A use lawfully occupying a structure or land at the time of adoption or subsequent amendment of this Ordinance which is not permitted in the district in which the use is located.
NURSERY SCHOOL: A place for the day care and instruction of children not remaining overnight.
NURSING HOME: A home for the aged, chronically ill or incurable persons, licensed by the Ohio Department of Public Welfare, in which three (3) or more persons, not of the immediate family, are received, kept or provided with food and shelter or care for compensation; but not including hospitals, clinics, or similar institutions devoted primarily to the diagnosis and treatment of the sick or injured.
(Ord. 4-21. Passed 1-4-21; Ord. 106-25. Passed 7-21-25.)
1191.06 DEFINITIONS O-R.
OCCUPANCY: The portion of a building or premises owned, leased, rented, or otherwise occupied for a given use.
OVERLAY DISTRICT: A zoning district superimposed upon one (1) or more other zoning districts and which applies supplementary regulations to land within the overlay area.
OWNER: A person, firm, partnership, corporation or other entity holding an interest in real property and shown as such on official records. For the purposes of this Ordinance, the owner of property on which a sign is located is presumed to be the owner of the sign unless facts to the contrary are officially recorded or otherwise brought to the attention of the Zoning Administrator, e.g., a sign leased from a sign company.
PARCEL: A unit of land as defined in a single deed recorded in the office of the Recorder in Lorain County, Ohio. The description as specified in each recorded deed shall constitute a parcel of land for the purpose of this Ordinance. Provided further, that two (2) or more adjoining parcels in common ownership which are physically unified by the existence of a common structure or development located thereon shall constitute and be considered as one (1) parcel for the purpose of this Ordinance.
PARKING: The temporary, transient storage of motor vehicles used for transportation, while their operators are engaged in other activities. It shall not include storage of new or used motor vehicles for sale, services, rental or any other purpose other than specified above.
PARKING SPACE: The space required to park one vehicle, exclusive of driveways and access aisles, in accordance with the requirements of this Ordinance.
PARKING STRUCTURE: A manmade building, consisting of one or more floors, designed and intended for the parking of motor vehicles.
PERMIT: An official authorization, issued by a representative of the City, to conduct a specified activity under the provisions of this Ordinance.
PERMITTED USE: A use of property specifically allowed within a zoning district wherever that district exists in the City; provided, all dimensional and other requirements applicable to that district are satisfied.
PERSON: Any person, individual, firm, partnership, association, corporation, company or organization, singular or plural, of any kind, including sole proprietors, nonprofits, two (2) or more individuals having a joint or common interest, joint venture, trust, estate, commission, board, public or private institution, utility, cooperative, state agency, municipality or other political subdivision of the State of Ohio, any interstate body or any other legal entity or any other form of business organization.
PERSONAL SERVICES: Any business whose principal activity is the provision of individualized services to the general public, such as barbershop, beauty shop, dry cleaning pickup, printing and photocopying and tailors.
PLACE OF RELIGIOUS WORSHIP:
A building or structure, or groups of buildings or structures which, by design and construction, are primarily intended for conducting organized religious services and associated accessory uses that are noncommercial in nature.
PRINCIPAL BUILDING: The building in which the principal use of the lot or parcel is located.
PROJECT: The entire proposed development project regardless of the size of the area of land to be disturbed.
RECREATIONAL VEHICLE: Vehicles or equipment used primarily for recreational purposes, including, but not limited to, motor homes, travel trailers, camper trailers, pop-up campers, boats, off-road vehicles, dune buggies, personal watercraft, snow mobiles and the trailers used to transport them.
RECYCLING CENTER: Any one or any combination of the following where recycling materials are processed to the extent indicated:
(1)
COLLECTION CENTER:
A site where recyclable goods are accepted and removed to a processing center on a semi-weekly basis at a minimum.
(2) PROCESSING CENTER: A site where recyclable materials are separated and refined for shipment or delivery to a recycling plant.
(3) RECYCLING PLANT: A site where recyclable materials are refined directly into raw materials.
(4) MATERIALS RECOVERY FACILITY: A facility where recyclable materials are separated and processed from common household and commercial solid waste.
RESIDENTIAL SOCIAL SERVICES FACILITY. A facility or home which provides resident services to a group of individuals of whom one or more are unrelated, and which may provide additional supervised programming services. Groups served may include the mentally retarded or handicapped, juvenile offenders, drug or alcohol offenders, releasees from state institutions, or wards of the court or welfare system. The category includes, but is not limited to, facilities licensed, supervised, or sponsored by any political subdivision or judicial authority. The category includes, but is not limited to, facilities commonly referred to as "halfway houses" or "group homes
RESTAURANT, STANDARD: A building or part of a building where food is prepared and served for compensation on the premises and more than half the revenue is obtained from the sale of food.
RESTAURANT, DRIVE-THROUGH: A restaurant whose method of operation involves the delivery of prepared food to the customer in a motor vehicle, typically though a drive-through window, for consumption off the premises. A drive-through restaurant may also have indoor seating.
RETIREMENT COMMUNITY: A planned community for residents who have retired from an active working life and may contain a variety of housing types to accommodate varying needs and life stages, including independent living units, assisted living and nursing care.
RIGHT OF WAY LINE. A line which establishes boundary of land within an area which is dedicated, reserved by deed or granted by easement for street purposes.
(Ord. 4-21. Passed 1-4-21.)
1191.07 DEFINITIONS S-T.
SCALE: The relationship of a particular building mass to other nearby or adjacent development.
SELF-SERVICE MINI-STORAGE FACILITY: A fully enclosed structure or structures containing separate, individual, private storage spaces of varying sizes, leased or rented on an individual basis for varying periods of time.
SETBACK: The minimum horizontal distance between the nearest point of the applicable building, structure, or sign measured perpendicular to the property line from which the setback distance is required. See "Yard" definitions.
SEXUALLY ORIENTED BUSINESS. Any use of land, whether vacant or combined with structures or vehicles, by which the property is devoted to displaying or exhibiting material for entertainment, a significant portion of which includes matter or actions depicting, describing, or presenting "Specified Sexual Activities" or "Specified Anatomical Areas" as defined herein. Definitions related to adult entertainment uses include the following:
(1) ADULT BOOK STORE. An establishment, having as a substantial or significant portion of its stock in trade, books, magazines and other periodicals which are distinguished or characterized by their emphasis on matter depicting, describing or relating to nudity or sexual conduct. As used within this section "nudity" means the showing of the human male or female genitals, pubic area or buttocks with less than a full opaque covering, or the depiction of covered male genitals in a discernibly turgid state, and "sexual conduct" means acts of masturbation, homosexuality, sodomy, sexual intercourse, or physical contact with a person's clothed or unclothed genitals, pubic area, buttocks, or, if such person be female, breast.
(2) ADULT CABARET. A cabaret which features go-go dancers, exotic dancers, strip dancers or other similar entertainment, dancers or employees.
(3) ADULT ENTERTAINMENT ESTABLISHMENT. Any building or structure which contains, or is used for commercial entertainment, whether a place where musical entertainment is carried out consisting of a series of unrelated episodes and dances, all with the purpose of depicting or suggesting sex-centered subjects or objects, or a place where the patron is charged a fee to dance or view a series of dance routines, strip performances or other gyrating choreography provided by the establishment that depicts or suggests sex-centered subjects or objects. Nothing herein defined shall in any way or form legitimize any activity prohibited by state law or city ordinance.
(4) ADULT MEDIA STORE: An establishment having more than ten percent (10%) of its stock-in-trade consisting of books, magazines, publications, video tapes, films, video disk, CDs or other media that are distinguished or characterized by their emphasis on matter depicting, describing, or relating to sexual activities or anatomical genital areas, or to persons depicted or illustrated in such a manner so as to plainly expose to view any portion of a male's or female's pubic hair, anus, cleft of the buttocks, vulva, or genitals, or any portion of the female breast below the top of the areola.
(5)
ADULT MINI MOTION PICTURE THEATRE
. An enclosed building with a capacity for less than fifty (50) persons, used for presenting material distinguished or characterized by an emphasis on matter depicting, describing or relating to nudity or sexual conduct. As used within this section "nudity" means the showing of the human male or female genitals, pubic area or buttocks with less than a full opaque covering, or the depiction of covered male genitals in a discernibly turgid state, and "sexual conduct" means acts of masturbation, homosexuality, sodomy, sexual intercourse, or physical contact with a person's clothed or unclothed genitals, pubic area, buttocks, or, if such person be female, breast, or an enclosure where coin or slug operated, or electrically, electronically, or mechanically controlled still or motion picture machines, projectors, or other image-producing devices are maintained to depict nudity or sexual conduct, as heretofore defined.
(6) ADULT MOTEL. A motel, hotel, or similar commercial establishment that: (1) provides patrons with closed-circuit television transmissions, internet selections or sites, films, motion pictures, video cassettes, slides, or other photographic reproductions that are characterized by the depiction or description of specified sexual activities or specified anatomical areas and advertises the availability of this sexually oriented type of material by means of a sign visible from the public right-of-way, or by means of any off-premises advertising, including, but not limited to, newspapers, magazines, pamphlets or leaflets, radio or television; or (2) offers a sleeping room for rent for a time period of less than ten (10) hours; or (3) allows a tenant or occupant to subrent the sleeping room for a time period of less than ten (10) hours.
(7) ADULT MOTION PICTURE THEATRE. An enclosed building with a capacity of fifty (50) or more persons used for presenting material distinguished or characterized by an emphasis on matter depicting, describing or relating to "nudity" or "sexual conduct," as heretofore defined under this chapter, for observation by patrons therein.
(8) ADULT MOVIE THEATER: An enclosed building used for presenting film or video material distinguished or characterized by an emphasis on matter depicting, describing, or relating to sexual activities or anatomical genital areas, or to persons depicted or illustrated in such a manner so as to plainly expose to view any portion of a male's or female's pubic hair, anus, cleft of the buttocks, vulva, or genitals, or any portion of the female breast below the top of the areola.
(9) LIVE ADULT ENTERTAINMENT: An establishment devoted to adult entertainment, either with or without a liquor license, presenting distinguished and characterized by an emphasis on matter depicting, describing, or relating to sexual activities or anatomical genital areas, or to persons depicted or illustrated in such a manner so as to plainly expose to view any portion of a male's or female's pubic hair, anus, cleft of the buttocks, vulva, or genitals, or any portion of the female breast below the top of the areola. Such entertainment includes but is not limited to wet T-shirt contests, bikini mud-wrestling, topless dancers, go-go dancers, strippers, male or female impersonators, or similar entertainment for observation by patrons.
(10) SPECIFIED ANATOMICAL AREAS: The graphic depiction, whether real or simulated, of less than completely and opaquely covered human genitals, pubic region, buttock, and female breast below a point immediately above the top of areola; and human male genitals in a discernibly turgid state, even if completely and opaquely covered.
(11) SPECIFIED SEXUAL ACTIVITIES: The graphic depiction, whether real or simulated, of human genitals in a state of sexual stimulation or arousal; acts of human masturbation, sexual intercourse or sodomy; and fondling or other erotic touching of human genitals, pubic region, buttock or female breast.
SHORT-TERM RENTAL: A business engaged in the rental of an entire dwelling unit or a portion of a dwelling unit to provide guest lodging for pay for periods not-to-exceed twenty-nine (29) days and which does not include serving food. Short-term rentals include, by way of example, Airbnb and VRBO, but do not include residential uses otherwise defined in this chapter such as, but not limited to: bed and breakfast, boarding house, hotel, sober living facility, or residential social services facility.
SIGN: A device, structure, fixture or placard which may or may not use graphics, symbols and/or written copy designed specifically for the purpose of advertising or identifying an establishment, product, service or activity.
(1) AGGREGATE SIGN AREA: The combined area of all signs of a category on a single parcel. For example, the aggregate area of all freestanding signs on a parcel is the sum total area of all freestanding signs on that parcel.
(2) ANIMATED SIGN: A sign that has moving parts or includes action, motion, or color changes, or the optical illusion of action, motion, or color changes, including signs using electronic ink, signs set in motion by mechanical means such as blowing air or motorized parts, or made up of a series of sections that turn, including any type of screen using animated or scrolling displays such as an LED (light emitting diode) screen or any other type of video display, even if the message is stationary.
(3) BANNER: A sign of fabric, thin plastic or similar lightweight material that is mounted to a pole or a building at one (1) or more edges and is intended or displayed as commercial speech. Flags shall not be considered banners.
(4) BENCH SIGN: Any bench or structure whose primary purpose is for sitting upon which a message is displayed.
(5) BILLBOARD: A freestanding sign identifying or advertising an establishment, product, service or activity not available on the lot or parcel on which the sign is located.
(6) BLADE SIGN: See "Feather Sign".
(7) BUILDING SIGN: A sign that in any manner is fastened to, projects from, or is placed upon the exterior wall, window, door or roof of a building. The term "building sign" includes but is not limited to the following:
A. CANOPY SIGN: A sign imposed, mounted or painted upon a freestanding canopy.
B. PROJECTING SIGN: A sign affixed to a wall and extending perpendicular from the surface of the wall.
C. ROOF SIGN: A sign mounted on, applied to, or otherwise structurally supported by the roof of a building (other than the fascia portion of a mansard roof).
D. WALL SIGN: A sign fastened directly to or placed directly upon the exterior wall of a building facade, with the sign face parallel to the wall and extending from the surface of the wall no more than twelve (12) inches.
E. WINDOW SIGN: A sign placed permanently on, behind or inside a windowpane or glass door and intended to be viewed from outside the building.
(8) BUSINESS CENTER SIGN. A sign which serves as a common or collective sign for a group of persons or businesses operating on the same parcel (e.g., shopping center, office complex, etc.).
(9) CHANGEABLE COPY SIGN: A portion of a sign on which copy may be frequently changed, including a sign with a fixed or changing display message composed of a series of lights that may be changed through electronic means. Changeable copy signs include the following types:
A. MANUAL: A sign whose alphabetic, pictographic, or symbolic informational content can be changed or altered by placing such letters or other message elements directly on the sign face by hand.
B. ELECTRONIC: A sign whose alphabetic, pictographic, or symbolic informational content can be changed and is displayed electrically or electronically.
(10) DOUBLE-FACED SIGN: A sign structure with two (2) sign faces that are parallel (back-to-back) or that form an angle to one another, where each sign face is designed to be seen from a different direction and the two (2) sign faces are separated from each other at their furthest point by no more than three (3) feet. Sign faces on a single sign structure separated by more than three (3) feet are considered separate signs.
(11) FEATHER SIGN: A freestanding sign, typically consisting of a flexible single pole or shaft, usually of plastic or metal, stuck in the ground or otherwise fastened at the base, with an attached pennant along or at the top of the shaft, consisting of fabric or some other flexible material that is usually vertically elongated, and may be in the shape of a feather, tear drop or some other configuration.
(12)
FLAG
: A fabric or bunting containing colors, patterns and/or symbols normally displayed by flying from a pole as a wind-activated device.
(13) FREESTANDING SIGN: A sign attached to or part of a completely self-supporting structure set firmly in or below the ground surface and not attached to any building or any other structure, whether portable or stationary. The term "freestanding sign" includes:
A. POLE SIGN: A sign mounted on one (1) or more poles or columns so the sign body is elevated above the ground by at least eight (8) feet.
B. MONUMENT SIGN: A freestanding sign mounted on a base which rests directly on the ground and is at least fifty percent (50%) of the width of the sign.
(14) ILLUMINATED SIGN: Any sign or portion of a sign illuminated by artificial light, including outline, reflective or phosphorescent light.
A. EXTERNALLY ILLUMINATED: Illumination arranged so the light source is external to the sign and directed toward the sign.
B. INTERNALLY ILLUMINATED: Illumination arranged so the light source is contained behind the face of the sign and no light is directly visible from outside the sign.
(15) INCIDENTAL SIGN: A sign, emblem or decal no larger than one and one-half (1½) square feet in area. Such signs are normally located on doors, windows and gas pumps or in parking lots or loading areas, may be freestanding or building signs, and are generally not readily visible or legible from public rights-of-way.
(16) INFLATABLE SIGN: A sign that is either expanded to its full dimensions or supported by gasses contained within the sign, or sign parts, at a pressure greater than atmospheric pressure.
(17) LED SIGN: Any sign or portion of a sign that uses light emitting diode technology or similar semiconductor technology to produce an illuminated image, picture, or message of any kind. LED signs are considered to be a form of electronic message centers.
(18) NONCONFORMING SIGN: A sign legally existing at the time of erection that could not be built under the terms of this Ordinance.
(19) POLITICAL SIGN: A temporary yard sign displayed in connection with an official local government, school district, county, state, or federal election or referendum.
(20) PROJECT ENTRANCE SIGN: A permanent freestanding sign located at an entrance designed and permitted for vehicular access into a residential subdivision, townhome or multifamily development, planned unit or mixed-use development or a shopping center, office park or industrial park where buildings are located on separate lots or as part of an integrated development.
(21) PROJECTING SIGN: See under "building sign."
(22) PUBLIC ISSUE SIGN: A temporary sign relating to an election called by a governmental body.
(23) REAL ESTATE SIGN: A temporary sign advertising the real estate upon which the sign is located as being for sale, rent or lease.
(24) ROOF SIGN: See under "Building Sign."
(25) SUSPENDED SIGN: See under "Canopy Sign" and under "Building Sign."
(26) TEMPORARY SIGN:
A. REAL ESTATE DEVELOPMENT SIGN: A sign erected during the development of a new or expanded residential or non-residential project.
B. PORTABLE SIGN: A sign designed to be moved easily and not permanently attached to the ground, a structure, or a building, including signs with wheels and signs mounted on vehicles for advertising purposes.
C. RIGID FRAME SIGN: A sign that is commonly, but not always, made of wood, metal or vinyl posts and arm and designed to be stuck in the ground with equipment. Such signs are typically associated with real estate sales, construction and the like.
D. SANDWICH BOARD SIGN: A self-supporting, moveable sign with one or two faces that are adjoined at the top and displayed at an angle, which is not permanently anchored or secured and designed to be placed upon a sidewalk, plaza or other area where pedestrians walk or gather. Also referred to as A-frame signs.
E. WINDOW SIGN, TEMPORARY: A temporary sign installed or affixed inside a window and intended to be viewed from the outside for limited periods.
F. WIRE FRAME SIGN: A sign that is commonly, but not always, made up of a flexible wire frame and corrugated plastic face and designed to be stuck in the ground without equipment. Such signs are typically associated with home improvement projects, political expression, yard sales, open house events and the like.
(27) VEHICLE SIGN: Any sign placed, mounted, painted on or affixed to a motor vehicle or to a freight, flat-bed or storage trailer or other conveyance.
(28) WALL SIGN: See under "Building Sign."
(29) WINDOW SIGN: See under "Building Sign" and "Temporary Sign."
SIGN COPY: The words, letters, figures, symbols, logos, fixtures, colors or other design elements used to convey the message, idea or intent for which a sign has been erected or placed.
SITE DEVELOPMENT PLAN: A detailed plan, as required in Chapter 1145, showing proposed buildings, uses or reuses of all land, open space, location of major structures, recreation areas, schools and public facilities and such other planning elements and reasonable design criteria as deemed necessary by the Zoning Administrator, Planning Commission or City Council to determine compliance with the requirements of this Ordinance.
SLUM OR BLIGHTED AREA: A residential area within the corporate limits of the City of Lorain in which there exist twenty percent (20%) or more of structures or other improvements which, by reason of dilapidation, deterioration, age or obsolescence; inadequate provisions for ventilation, light, air, sanitation, or open space; high density of population and overcrowding; unsafe and unsanitary conditions; or the existence of conditions which endanger life or property by fire or other causes; or any combination of factors, substantially impairs the sound growth and planning of the community, is conducive to ill health, transmission of disease, infant mortality, juvenile delinquency and crime, and is detrimental to the public health, safety and welfare. This definition is to be used only to determine eligibility for Federal, State, or Local funding sources. The appraisal method of the Lorain County Auditor's Appraisal office will be used to assess each property when determining slum or blighted areas pursuant to this definition.
SMALL ENGINE REPAIR: A use of property and buildings for the purpose of repairing, rebuilding and servicing internal combustion engines of thirty (30) horsepower or less, and the related accessories and equipment powered by such engines.
SOBER LIVING FACILITY: A residential facility that provides group housing in a structured living environment over extended periods of time typically greater than six (6) months for people exiting drug and alcohol rehabilitation programs. The facility may include accessory uses such as common dining, laundry, and recreation rooms but is not licensed and does not provide counseling or other support services.
SOCIAL SERVICES, RESIDENTIAL. A facility or home which provides resident services to a group of individuals of whom one or more are unrelated, and which may provide additional supervised programming services. Groups served may include the mentally or physically handicapped, juvenile offenders, drug or alcohol offenders, persons released from state institutions, or wards of the court or welfare system. The category includes, but is not limited to, facilities licensed, supervised, or sponsored by any political subdivision or judicial authority and facilities commonly referred to as "halfway houses" or "group homes".
START OF CONSTRUCTION: The date a development permit is issued, provided the actual start of construction, repair, reconstruction, or improvement is within 180 days of the permit date. The actual start means the first placement of permanent construction of the structure such as the pouring of slabs or footings, installation of piles, construction of columns, or any work beyond the stage of excavation, and includes the placement of a manufactured home on a foundation. (Permanent construction does not include initial land preparation, such as clearing, grading and filling; the installation of streets and/or walkways; excavation for a basement, footings, piers or foundations or the erection of temporary forms; installation on the property of buildings appurtenant to the permitted structure, such as garages or sheds not occupied as dwelling units or part of the main structure.) See also, "Substantial Improvement".
STORMWATER: Precipitation runoff, snow melt runoff, and surface runoff.
STREET: Any public or private thoroughfare which affords the principal means of access to abutting property.
(1) STREET, ARTERIAL: A road or highway, as shown on the official map maintained by the City of Lorain, which carries large volumes of traffic at relatively high speed between population centers or from one section of the City to another.
(2) STREET, COLLECTOR: A public way, as shown on the official map maintained by the City of Lorain, designed primarily to connect local streets with arterial streets or to provide access from residential areas to major destination points such as shopping or employment centers and which may be expected to carry a significant volume of traffic. Any street may be declared a collector street by City Council at any time and shall be designated as such on the official street map.
(3) STREET, LOCAL: These roads serve the final function in destination trips and the initial function at point of origin. They provide direct access to adjacent land as well as serve the purpose of short distance transportation needs. This category encompasses all streets, roads and highways not classified as either arterial or collector streets.
STREET FRONTAGE: The distance within which a front lot line of a lot adjoins a street, measured between the two (2) lot lines intersecting that street. Corner lots at intersections and double frontage (through) lots have multiple street frontages; corner lots formed by a curve in the street greater than 135 degrees have one (1) street frontage.
STREET, PRIVATE: Any vehicular access not dedicated to the public that has been platted and recorded as a private street.
STORY: The portion of the building included between the surface of any floor and the surface of the floor next above, or, if there is no floor above, the space between the floor and the ceiling next above.
STORY, HALF. A story under a gabled, tripped, or gambrel roof, the wall plates of which on at least two opposite exterior walls are not more than two feet above the furnished floor of such story.
STRUCTURE: Anything constructed or erected, which requires location on the ground or is attached to something having a location on the ground including by way of example, but not limited to, buildings, billboards, swimming pools, advertising signs, a gas or liquid storage tank, and satellite dishes but not including fences.
STRUCTURAL ALTERATION: Any change in supporting members of a building or structure, such as bearing walls, columns, beams, or girders.
SUBSTANTIAL IMPROVEMENT: Any combination of repairs, reconstruction, alteration, or improvements to a structure, taking place during a five-year period, in which the cumulative cost equals or exceeds fifty percent (50%) of the market value of the structure before the "start of construction" of the improvement. Substantial improvement is considered to occur when the first alteration of any wall, ceiling, floor, or other structural part of the structure commences, whether or not that alteration affects the external dimensions of the structure.
SWIMMING POOL: An enclosure, designed, used, or maintained for the purpose of holding water, permanently constructed or portable, in ground or above ground, with the ability to contain water having a depth of eighteen (18) inches or more, and having a surface area of 200 or more square feet.
TAVERN: See "Bar".
TATTOO PARLOR: An establishment providing the service of body painting indelible marks, text, or figures that are fixed upon the skin through insertion of pigment or production of scars.
TELECOMMUNICATIONS FACILITY: A use of property and buildings for the purpose of switching, amplifying, uplinking, downlinking, disseminating, distributing, broadcasting, receiving or otherwise processing any telephone or television signal, or related electro-magnetic communication signal.
TEMPORARY EVENT: An activity having a specific duration or the end of which is related to a specific action, usually lasting for only a few days or months at a time. Temporary events include but are not limited to such activities as:
(1) The offering of a property or premises for sale or rent.
(2) An election, political campaign, referendum, or ballot proposition put to the voters as part of city, county, state, or federal governance.
(3) Special business promotions, such as but not limited to "grand openings," "close-out sales," and seasonal sales events.
(4) A yard sale.
(5) The construction of a building or development project, or the rehabilitation, remodeling, or renovation of a building.
(6) A public announcement of a special event or seasonal activity by an individual or a nonprofit organization.
TENANT: A natural person, business or other entity that occupies land or buildings by ownership, under a lease, through payment of rent, or at will; an occupant, inhabitant, or dweller of a place.
TOWER, CELLULAR, PHONE OR RADIO: A building or structure typically higher than its diameter and high relative to its surroundings, used for the purpose of broadcasting, transmitting, receiving or otherwise enhancing or facilitating the transmission of radiant energy for communications purposes.
TRUCK LIVERY: A use of land specifically designated and approved for the overnight parking and storage of semi tractors and trailers.
(Ord. 4-21. Passed 1-4-21.)
1191.08 DEFINITIONS U-Z.
USE: The purpose for which a building, lot, sign, or structure is intended, designed, occupied, or maintained.
(1) USE, NONRESIDENTIAL: Any use of property or buildings that is not a residential use.
(2) USE, PRINCIPAL: The primary purpose for which a lot or the main building thereon is designed, arranged or intended and for which it is or may be used.
(3) USE, RESIDENTIAL: A principal use that is intended for occupancy by an owner or lessee as their permanent place of abode.
(4)
USE, TEMPORARY:
A use of a lot or lots of limited duration and established in connection with a construction project, real estate development or special event.
VARIANCE: An authorization by the Zoning Board of Appeals granting relief from the strict requirements of this Ordinance and doing substantial justice, where literal enforcement would result in a practical difficulty or unnecessary hardship.
VEHICLE REPAIR, MAJOR: General repair, rebuilding or reconditioning of engines, motor vehicles or trailers; collision service including body frame or fender straightening or repair; tire recapping or retreading; painting and engine steam cleaning.
VEHICLE REPAIR, MINOR: Incidental body and fender work, painting and upholstering, replacement of parts and motor service to passenger vehicles and trucks not exceeding one-ton capacity, but not including any operation defined as "major repair".
VEHICLE SALVAGE BUSINESS: The storage and dismantling of severely damaged motor vehicles for the purpose of reclaiming the component parts and materials for resale, recycling or disposal. This does not include major or minor vehicle repair establishments.
VEHICLE SERVICE STATION:
A building and premises where the principal use is the retail dispensing or sale of vehicular fuels.
VEHICLE WASH:
A use of property and buildings for the purpose of providing buildings, equipment and facilities for the purpose of cleaning and preserving the exterior or interior surfaces of automobiles or other motor vehicles designed primarily for use on the highway.
WAREHOUSE: A building or portion of a building used, designed, and intended for the storage of merchandise or commodities.
WHOLESALE ESTABLISHMENT: A use of property and buildings for the purpose of selling, buying, trading or otherwise dealing at a wholesale level in general merchandise. This type of facility often requires membership and may not be open to the general public.
WATERCOURSE: Any natural or artificial stream, river, creek, channel, ditch, canal, conduit, culvert, drain, waterway, gully, ravine, or wash in which water flows either continuously or intermittently and which has a definite channel, bed and banks, including any area adjacent thereto subject to inundation by reason of overflow or floodwater.
WETLANDS: Those areas inundated or saturated by surface or ground water at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions. Also include swamps.
YARD: The open spaces on a lot located between a building and a lot line. The term "required yard" shall refer to that portion of the yard lying between the lot lines and the minimum required setback lines.
(1) YARD, FRONT: The space extending the full width of the lot, the depth of which is the distance between the front lot line and the nearest building line of the principal building.
(2) YARD, REAR: The space extending the full width of the lot, the depth of which is the distance between the rear lot line and the nearest building line of the principal building.
(3) YARD, SIDE: The space between a principal building and the side lot line, extending from the front yard to the rear yard, the width of which is the distance from the side lot line to the nearest building line of the principal building.
ZONING ADMINISTRATOR: The person designated by the City to administer and enforce the provisions of this Zoning Code. The term shall also include a designee or designees to whom some or all of the duties are delegated.
(Ord. 4-21. Passed 1-4-21.)