Newburgh Heights City Zoning Code

TITLE ONE

Zoning Administration

1101.01 FEES.

(a) General. The application for a building permit or occupancy permit shall be accompanied by a fee payable to the Village. A schedule of such fees shall be made available through the Village and may be altered or amended only by Council. All fees shall be paid in full before any application is reviewed or any permit or certificate is issued.

(b) Copy Fees.

(1) The Clerk-Treasurer is hereby authorized to distribute to any person upon request a mimeographed copy of the "Planning and Zoning Code" of the Village.

(2) The Clerk-Treasurer is authorized to charge two dollars ($2.00) for each copy so distributed; such sums so collected to be deposited in the General Fund. (Ord. 2017-49. Passed 12-5-17.)

1101.02 VALIDITY.

(a) General. Zoning permits, or certificates of occupancy issued on the basis of plans and applications approved by the Building Commissioner authorize only use, and arrangement, set forth in such approved plans and applications or amendments thereto, and no other use, arrangement, or construction. Use, arrangement, or construction contrary to that authorized shall be deemed a punishable violation of this Planning and Zoning Code.

(b) Required Permits.

(1) Building Permits. No building or structure shall be constructed, erected, reconstructed, repaired, structurally altered, enlarged or moved, and no excavation for a foundation shall be made, unless and until a building permit therefor has been secured first from the Building Commissioner.

(2) Occupancy Permits. In the following instances, no occupancy, use or change of use of any premises shall take place unless and until an occupancy permit has first been secured from the Building Commissioner:

A. As the final inspection permit following, or in connection with, the issuance of a building permit for the construction, addition to or alteration of any building, or in all instances when building permits are required by applicable law.

B. Upon changes of use of premises.

C. Following the issuance of a variance or special use permit by action of the Board of Zoning Appeals, when confirmed, modified or allowed by Council, by ordinance of Council, or by the order of a court of general jurisdiction after all appellate remedies have been exhausted.

D. When a building or parcel of land has been completed and complies with the application for a building permit, and all applicable State or Village regulations.

E. Upon changes in the use of vacant land.

F. Upon changes in the use of any nonconforming use.

(1) An application shall be required for the issuance of building and occupancy permits. Such applications shall contain the following:

A. The street address of the property.

B. A legal description of the property and the permanent parcel numbers of the lots included in the property.

C. The existing use or uses to which the premises or the proposed building is devoted as well as the proposed use or uses.

D. The zoning district of the property.

E. The name, address, phone number, email and fax number if applicable of the owner, architect and contractors. In the case of work on a single project which has been determined by the Building Commissioner to have a gross value of fifty thousand dollars ($50,000) or more and is being performed for or by corporations or partnerships, a statement shall be filed with the application listing the names and addresses of all directors and officers, as well as the names and addresses of all shareholders or principals having a ten percent or greater interest in such firm.

(2) Such application shall be accompanied by the following information when deemed applicable by the Building Commissioner. All such information shall be submitted in duplicate form and in a 1:1 scale where applicable:

A. Site context plan. On a building base map, providing context within a larger area by showing streets, buildings and landmarks. The actual site should be outlined on this plan.

B. Site plan. Indicating existing and proposed buildings, streets, lot lines, location and number of parking spaces, driveways, walkways, curb cuts, landscaped areas, lighting, fences, sidewalks, signs, or other important features at or near the project site; drawn to scale and showing all relevant dimensions and noting such information as drains, paving materials, etc.

C. Landscape plan. Indicating grading, drainage, plant materials, roadways, walkways, and site furnishings (seating, lighting fixtures, etc.)

D. Building elevations. For all sides of the building showing details, materials, colors, heights, types of illumination, signs, etc. (Section studies should be provided, where needed, to clarify understanding of special spaces and their effects on the elevations.) Drawings should be to scale.

E. Typical floor plans. Which clarify and justify the elevations and exterior changes proposed.

F. Master signage plan. Including basic sign parameters as to the location, size, style, illumination, height and color of proposed signs as well as all existing signs on the property. It shall include all information necessary to determine the maximum amount of signage permitted by Code and the amount of signage proposed for current and future tenants of a multi-tenant facility.

G. Color photographs. Showing the site in the context of adjoining properties.

H. Renderings. Ground line perspectives or "above view" isometric or axonometric for large projects or new construction.

I. Sample of materials. Showing proposed colors and textures.

J. Utilities. Evidence of adequacy of all required utilities and services.

K. Dwelling units, employees and/or seating capacity. Number of dwelling units in proposed buildings or existing buildings to be retained, by number of bedrooms and by any special populations to which occupancy is to be restricted. Proposed number of permanent employees to be accommodated on the property, including existing employment proposed to be retained, by shift and by full-or part-time status. The proposed seating capacity of public assembly areas by the number of seats installed or which could be accommodated.

L. Hazardous materials. Descriptions of any known hazardous materials contamination of the site, including underground storage tanks. Description of any hazardous wastes to be generated by the proposed project and of plans for disposal thereof.

M. Traffic analysis. Professional analysis of estimated vehicular trips generated by each phase of completed development per day and during AM and PM peak hours, the expected impact on existing traffic loads in the area, and road construction or traffic control measures needed to accommodate the new traffic.

N. Phasing. Chronological schedule of expected beginning and ending dates for proposed stages of construction and improvement of all structures, common or public areas, circulation ways, parking, loading, and service areas, and utilities, showing the interim use and maintenance of areas not under construction in each phase.

(d) Restorations.

(1) Nothing in this Code shall prevent the restoration of a building wholly or partly destroyed by fire, explosion, act of God or act of the public enemy, subsequent to the passage of this Ordinance, or prevent a change of such existing use under the limitations thereof.

(2) Nothing in this Code shall prevent the straightening or restoring to a safe condition, any building or any part thereof declared unsafe by the Building Commissioner, or other proper Municipal Officers.

(3) Nothing in this Code shall prevent the restoration of a wall declared unsafe by the Commissioner of Buildings.

(e) Architectural and Plan Review.

(1) For those projects which require exterior architectural review, the Building Commissioner shall submit copies of the application, including all applicable elements of subsection (c)(2) hereof to the Planning Commission for review and approval.

(2) In connection with any building permit application or occupancy permit application with respect to which the Building Commissioner has required the submittal of any of the plans or elements of subsection (c)(2) hereof, the Building Commissioner shall submit copies of said application, including all applicable elements of subsection (c)(2) hereof, to the Planning Commission for review and approval.

(3) Within sixty (60) days from the date of the first Planning Commission meeting in which the application is considered, the Planning Commission shall either approve, approve with conditions, or disapprove the project. Failure of the Planning Commission to act within the time limits shall be considered as though the referral is recommended. The Planning Commission may extend the time limits through a request to Council.

(4) With respect to any application referred to the Planning Commission, the Building Commissioner shall not issue a permit without the approval in writing from the Planning Commission.

(5) The Planning Commission may authorize the Building Commissioner to administratively approve application for relatively minor projects (such as signs or fences) or for minor changes to plan previously approved or conditionally approved by the Planning Commission. The Planning Commission may approve design guidelines which shall be followed by the Building Commissioner when making such administrative approvals.

(f) Zoning Permit Approval. The Building Commissioner shall either approve or disapprove the application in conformance with the provisions of this Code. All zoning permits shall, however, be conditional upon the commencement of work within one year. One copy of the plans shall be returned to the applicant by the Building Commissioner, after the Building Commissioner shall have marked such copy either as approved or disapproved and attested to same by his signature on such copy. One copy of plans, similarly marked, shall be retained by the Building Commissioner. The Building Commissioner shall issue a placard, to be posted in a conspicuous place on the property in question, attesting to the fact that the activity is in conformance with the provisions of this Planning and Zoning Code.

(g) Zoning Permit Expiration. If the work described in any zoning permit has not begun within one (1) year from the date of issuance thereof, said permit shall expire. It shall be revoked by the Building Commissioner and written notice thereof shall be given to the persons affected. If the work described in any zoning permit has not been substantially completed within two and one half (2-1/2) years of the date of issuance thereof said permit shall expire and be revoked by the Building Commissioner, and written notice thereof shall be given to the persons affected, together with notice that further work as described in the canceled permit shall not proceed unless and until a new zoning permit has been obtained or an extension granted.

(h) Certificate of Occupancy. It shall be unlawful to use or occupy or permit the use or occupancy of any building or premises, or both, or part thereof hereafter created, erected, changed, converted, or wholly or partly altered or enlarged in its use or structure, until a certificate of occupancy shall have been issued therefor by the Building Commissioner stating that the proposed use of the building or land conforms to the requirements of this Code. The issuance of a use certificate in no way relieves the recipient from compliance with the requirements of this Code and other regulations. (Ord. 2017-49. Passed 12-5-17.)

1101.03 ENFORCEMENT AND PENALTIES.

(a) General.

(1) Hereafter, no land in the Village shall be used or occupied, and no structure shall be constructed, erected, moved, repaired, structurally altered, enlarged, leased, extended or reconstructed, for any purpose except as permitted by this Code and in conformity with the regulations herein established for the district in which such land or structure is located.

(2) The primary duty of administering and enforcing the provisions of this Code is hereby conferred upon the Building Commissioner with the assistance of such other persons as he or she may direct.

(b) Enforcement by the Building Commissioner.

(1) The Building Commissioner is authorized to make inspections of properties and structures in order to examine and survey the same, at any reasonable hour, for the purpose of enforcing the provisions of this Code. Prior to seeking entry to any property or structure for such examination or survey, the Building Commissioner shall attempt to obtain the permission of the owner or occupant to inspect. If such permission is denied or cannot be obtained, the Building Commissioner shall request the assistance of the Law Director in securing a valid search warrant prior to entry.

(2) Subsequent to his/her determination that work is being done contrary to this Code, the Building Commissioner shall write a stop work order and post it on the premises involved. Removal of a stop work order, except by the order of the Building Commissioner, shall constitute a punishable violation of this Code.

(3) The Building Commissioner may issue a revocation notice to revoke a permit or administrative approval which was issued contrary to this Code or based upon false information or misrepresentation in the application.

(4) The Building Commissioner shall maintain a record of zoning permits and certificates of occupancy, and copies shall be furnished, upon request and upon payment of the established fee, to any person.

(1) The Building Commissioner shall issue no building or occupancy permits for any building, structure, use or change in use of land or premises in violation of this Code.

(2) The Building Commissioner shall issue no building permit or certificate of occupancy for any building, structure, use or change of use during any period in which an ordinance or other measure which would forbid the action authorized under such permit is pending before Council, has been formally recommended to Council by the Planning Commission, or is subject to an initiative petition, which has been filed with the Board of Elections.

(3) If a building or occupancy permit is refused, the Building Commissioner shall send the notice of refusal to the address shown on the application.

(d) Conflicts with the Building Code. Whereas a certain Building Code has been adopted by ordinance and approved by Council, such Building Code as it presently exists, or as the same may hereafter be amended, shall continue to remain in full force and effect, save and except that this Planning and Zoning Code shall supersede all rules of the Building Code, which are in conflict with the terms and provisions of this Planning and Zoning Code.

(e) Separability. The sections, subsections, districts and building lines forming parts of, or established by this Code and the several parts, provisions and regulations thereof are hereby declared to be independent sections, subsections, districts, buildings lines, areas, limitations, provisions and regulations; and the holding of any such section, subsection, district, building line, part, provision or regulation thereof to be unconstitutional, void or ineffective for any cause, shall not effect nor render invalid any other section, subsection, district, building line, part, provision or regulation thereof or hereof.

(f) Violations. No person shall locate, erect, construct, reconstruct, enlarge, change, repair, structurally alter, occupy or use any building or land in violation of any provision of this Code, or any amendment thereto. The owner, owners, part-owner, lessee, or other person in lawful possession of any building or premises or part thereof, where anything in violation of this Code shall be placed or shall exist, or be maintained and any architect, builder, contractor, agent or other person who may be employed to assist in the commission of any such violation, and all persons or corporations who shall fail to comply therewith or with any requirements thereof, or who shall build in violation of any detailed statement of plans submitted and approved thereunder, shall for each and every violation or noncompliance, be guilty of a misdemeanor, and upon conviction thereof, shall be fined not more than five hundred dollars ($500.00), and each day during which such violations shall continue shall constitute a separate offense.

(Ord. 2017-49. Passed 12-5-17.)

1103.01 USER MANUAL.

(a) The Village of Newburgh Heights Planning and Zoning Code is a reference document. It is not intended to be read from cover to cover, but is instead organized so that a user may look up only the specific information as needed. The list of chapters and sections in the table of contents is, therefore, very important, as are the section listings at the beginning of each chapter.

(b) A separate manual for application procedures can be made available to applicants upon request. (Ord. 2017-49. Passed 12-5-17.)

1103.02 DEFINITIONS.

(a) General. The following is a list of general terms used throughout this Code to assist in its interpretation.

(b) Interpretation. As used in this Zoning Ordinance:

(1) "Shall" is to be interpreted as mandatory and not directory; the word "may" is considered permissive.

(2) "Used for" or "occupied for", as applied to any lot or structure, shall be construed to include "arranged for", "designed for", "designated for", "intended for", and "maintained for".

(3) All words in the present tense include the future and the singular includes the plural unless the content clearly indicates the contrary.

(4) Words and phrases shall be read in context and construed according to the rules of grammar and common usage. Words and phrases that have acquired a technical or particular meaning, whether by legislative definition or otherwise, shall be construed accordingly.

(5) "Board" means Board of Zoning Appeals; "Village" means Village of Newburgh Heights, Ohio; "Commission" means Planning Commission; "Commissioner" means Building Commissioner, "Engineer" means Village Engineer.

(6) "Code" means the Planning and Zoning Code; "Ordinance" or "Ordinances" means the Codified Ordinances of Newburgh Heights.

(7) "Lot" shall include "parcel", "piece", "remainder", the word "building" shall include any structure of every kind.

(8) "Residence" and/or "residential" refers to any use associated with a dwelling.

(c) Definitions. The following words or phrases shall have the meanings ascribed to them herein unless the context specifically requires a different meaning:

(1) "Abut" or "Abutting" means having a common border with, or being separated from such a common border by a right-of-way, alley, or easement.

(2) "Accessory Use" means a use that is incidental and subordinate to that of the main building or use of land and that is located on the same lot and under the same ownership in all respects.

(3) "Alteration" means, as applied to a building or structure, a change or rearrangement in any structural part, any service equipment, or any means of egress; or an enlargement, whether by extending on a side or by increasing in height; or adding a dividing wall; or the moving from one location or position to another.

(4) "Antenna" means any system of wires, poles, rods, reflecting discs, or similar devices used for the transmission or reception of electromagnetic waves external to or attached to the exterior of any building.

(5) "Apartment" means a structure containing three (3) or more dwelling units.

(6) "Arbor" means an enclosure of closely planted trees, vines, or shrubs which are either self-supporting or supported on a framework; also, the supporting framework itself.

(7) "Art Gallery" means a room or building for the display or sale of works of art.

(8) "Athletic Fields" means an area where community members and organized sporting events and teams can practice and play various sports, which are generally open-air and include soccer fields, baseball diamonds, basketball courts, etc.

(9) "Bar" means an establishment in which alcoholic drinks or refreshments are served, but can often include food services as well.

(10) "Basement" means that portion of a building below the first or ground-floor level and having less than four (4) feet of clearance from its ceiling to the average finished grade of the building perimeter.

(11) "Bed and Breakfast" means a guest house or small hotel offering sleeping accommodations and a morning meal.

(12) "Brewery" means a place where beer is made commercially on site, but can sometimes include a restaurant or other similar services to the public.

(13) "Buffer" means a strip of land, fence, or border of trees, etc., between one use and another, which may or may not have trees and shrubs planted for screening purposes, designed to set apart one-use area from another.

(14) "Building" means any structure having a roof supported by columns or walls designated, intended, or used for the housing or enclosure of persons, animals, or chattels.

(15) "Building Code" means the various codes of the Village that regulate construction and require building permits, electrical permits, mechanical permits, plumbing permits, and other permits to do work regulated by the Planning and Zoning Code pertaining to building and building regulation.

(16) "Building Height" means the vertical distance measured from the average elevation of the proposed finished grade at the front of the building to the highest point of the roof for flat roofs, to the deck line of mansard roofs, and the mean height between eaves and ridge for gable, hip and gambrel roofs.

(17) "Building Material Sales" means an establishment that participates in the sale of goods and materials which are commonly used in the construction industry, which often includes the storage of such materials on site as well.

(18) "Campground" means a place used for camping, especially one equipped with cooking grills, water, and bathrooms, but this can also often include an RV park.

(19) "Cannabis" means the dried preparation of flowering buds or portion of this plant which can be used to produce hemp fiber or used in the production of psychotropic drugs, infused products, and medical uses.

(20) "Child Day Care Center" means any facility operated for the purpose of providing care, protection and guidance to ten (10) or more individuals during only part of a twenty-four (24) hour day. This term includes nursery schools, preschools, day care centers for individuals, and other similar uses but excludes public and private educational facilities or any facility offering care to individuals for a full twenty- four (24) hour period.

(21) "Civic Building" means a structure that is meant to be occupied with a municipal purpose to serve the public.

(22) "Commercial Vehicle" means any vehicle with current state-issued license plates attached, with the designation "truck" or "commercial", or any vehicle used for commercial purposes or in a commercial enterprise, which vehicle is marked or identified by lettering, symbols or signs relating to such commercial purpose or enterprise, or, if not so identified, has attached thereto scaffolding, ladders, plows, cranes, hoists, backhoes or other tools and devices that are being used for such commercial enterprise.

(23) "Community Garden" means any piece of land gardened by a group of people, utilizing either individual or shared plots on private or public land.

(24) "Conditional Use" means a use permitted in a district other than a use permitted by right which is allowed only under certain conditions and requiring a conditional use permit and approval of the Commission.

(25) "Density" means the number of structures or specifically dwelling units per a specified area; typically, per acre.

(26) "Dental Office" means a facility that provides specialized services for oral, jaw, and general dental needs.

(27) "Dish Antenna" means a dish-shaped, generally parabolic or spherical structure and its appurtenances designed or used to receive or transmit signals from or to artificial earth satellites or earth-based stations. A dish antenna is an accessory structure.

(28) "Dispensary" means a place where something is dispensed, including medicines and where patients or consumers can access cannabis in a legal and safe manner.

(29) "Drinking Establishment" means an establishment or part of an establishment used primarily for the sale or dispensing of liquor by the drink.

(30) "Drive-Thru" means a window attached to a building that allows customers to receive food, services, money, etc. without having to leave their vehicle.

(31) "Dry Cleaning" means a service in which clothing is cleaned with an organic solvent, without using water.

(32) "Duplex" means a dwelling that is suited for two (2) families to occupy separate units and is typically shared side-by-side within the same overall structure.

(33) "Dwelling" means any building or part thereof designated, used, or intended to be used by people for living or sleeping.

(34) "Dwelling Unit" means an enclosed space within a building having a unique entrance and consisting of one or more living and/or sleeping rooms arranged contiguously with cooking and sanitary facilities which are not accessible from a common or public area, maintained or designed to be occupied by a single-family.

(35) "Easement" means the authorization by a property owner for the use by another, and for a specified purpose, of a designated part of his or her property.

(36) "Factory Built" means a dwelling that is typically assembled in factories and then transported to sites of use, also commonly known as mobile homes.

(37) "Family" means a person living alone, or two or more persons living together as a single housekeeping unit, in a dwelling unit, as distinguished from a group occupying a boarding house, motel, hotel, fraternity or sorority house.

(38) "Farming" means any cultivation of land by means of growing crops or by raising livestock.

(39) "Fence" means an enclosure or barrier, such as wooden posts, wire, iron, etc., as used as a boundary, means of protection, privacy screening or confinement, but not including hedges, shrubs, trees, or other natural growth.

(40) "Financial Services" means a use that provides professional services involving the investment, lending, and management of money and assets.

(41) "Fitness Center" means a building which is typically fully enclosed that houses exercise equipment for the purpose of physical exercise.

(42) "Floor Area" means the square feet of floor space within the outside line of walls, including the total of all space on all floors of a building. Floor area shall not include porches, garages, or space in a basement or cellar.

(43) "Garage, Private" means an accessory building or portion of the principal building designed, intended or used for the housing or storage of motor vehicles and other personal property associated with a residential use, and with no facilities or mechanical service or repair of a commercial or public nature.

(44) "Garage Sale" means the sale or offering for sale to the general public of over five (5) items of personal property on any portion of a lot in a residential zoning district, whether within or outside any building. Sales of programs and food and beverage items at school athletic events shall not be deemed to constitute garage sales.

(45) "Gazebo" means a freestanding structure (similar to a detached open patio cover), with a pitched roof design, having a maximum height of fifteen (15) feet, and a maximum area of 600 square feet, and shall be designed for recreational use only and not for habitation.

(46) "Golf Course" means a large open area that is landscaped to accommodate the playing of golf and which typically includes structures to house food services, cart rentals, and sometimes a driving range.

(47) "Grade" means the mean elevation of the ground adjoining a main building or structure on all sides. For the purposes of determining side yard requirements, grade level shall be interpreted as the elevation of ground adjoining the structure at the front corner of the structure on the side for which the side yard is being determined. If a garage is attached in front of the main structure, the elevation at which the ground meets the main front facade of the building, or a point directly below the main front facade, on the side for which the side yard is being determined shall be utilized.

(48) "Greenhouse" means a glass building in which plants are grown that need protection from cold weather.

(49) "Grocery Store" means a building in which people can purchase food and drink items for their needs and these establishments often include a pharmacy and/or bank.

(50) "Group Living Facility" means an assisted living residence or facility that cares for people with disabilities or those whom cannot o choose not to live independently.

(51) "Home Occupation" means any occupation, profession or activity which is clearly incidental and secondary to the use of the premises for dwelling, and which is carried on wholly within a main building or accessory building by a member of the family residing on the premises. No stock in trade is kept or commodities sold. Such home occupation shall not give rise to a nuisance of any kind and shall not be otherwise detrimental to the district. A home occupation shall not be interpreted to include auto repairing, antique shops, sign painting, hotels, or restaurants.

(52) "Hospital" means an institution providing medical and surgical treatment and nursing care for sick or injured people, which these facilities are typically larger in size and generally contain an emergency room.

(53) "Immediate Care Facility" means a medical care building that accommodates patients who need to see a doctor now, but who do not have a life-threatening condition warranting an emergency room visit.

(54) "Kennels" means a building whose purpose is to house small animals for means of adoption or rehoming, which can typically include dogs, cats, etc.

(55) "Landscaping" means the area within the boundaries of a given lot that consists of planting materials, including, but not limited to trees, shrubs, ground covers, grass, flowers, decorative rock, bark, mulch, and other similar materials.

(56) "Loading Area" means an off-street space on the same lot with a building or group of buildings for temporary parking of a commercial vehicle while loading and unloading merchandise or materials.

(57) "Lot" means an area of land described in documents properly recorded in the records of the Cuyahoga County Recorder, being a unique permanent parcel number.

(58) "Lot Area" means the horizontal area within the exterior lines of the lot, exclusive of any area in a public or private way open to public uses.

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

(60) "Lot Coverage" means the ratio of enclosed ground floor area of all buildings on a lot to the horizontally projected area of the lot, expressed as a percentage.

(61) "Lot Depth" means the average distance to the rear line of a lot as measured in the general direction of the side lot lines from the public or private right-of-way upon which said lot fronts.

(62) "Lot Frontage" means the distance between the side lot lines measured at the right- of-way.

(63) "Lot Line" means the boundary of a lot separating it from adjoining land, public or private.

(64) "Main Building or Structure" means a building, structure or space occupied by the chief use or activity on the premises.

(65) "Medical Marijuana" means marijuana as recommended by a doctor in the treatment of a medical condition.

(66) "Mini-Storage" means a building in which storage spaces, such as rooms, lockers, containers, and/or outdoor space is rented to tenants, usually on a short-term basis, often month-to-month. This typically includes a climate controlled or indoor component to protect more sensitive goods.

(67) "Mixed-use" means the mixing of uses vertically and horizontally within the same structure.

(68) "Movie Theater" means an establishment where the public can view new movie releases as entertainment within an indoor environment that often provides food and drink services.

(69) "Multi-family" means a structure that contains more than two (2) units of occupancy.

(70) "Natural Resource Processing" means a business that takes a source of wealth in its natural state, such as timber, fresh water, or mineral deposits, and converts them into a usable form for economic benefit.

(71) "Nonconforming Use" means any use not permitted in the zoning district in which it is located, which lawfully exists by virtue of the fact that it existed as of the effective date of this Code and which has not been discontinued under the provisions of this Code.

(72) "Nursing Care" means a facility that provides rehabilitative, restorative, and/or ongoing skilled nursing care to patients or residents in need of assistance with activities of daily living.

(73) "Open Space" means an area that is generally grassy and open-air, which is also generally accessible for the public to use.

(74) "Outdoor Display Area" means an area of designated size used for the display of merchandise or tangible property normally vended within the contiguous business or organization.

(75) "Outdoor Storage Yard" means a space that is typically not covered in any form or fashion that provides for the outdoor storage of large materials or goods, but can sometimes include used car parts, junk, etc.

(76) "Park" means an open area that is generally grassy and that includes opportunities for many activities, which could include playgrounds, walking trails, athletic fields, etc.

(77) "Parking Lot" means an off-street, ground-level open area, usually improved, for temporary storage of motor vehicles.

(78) "Parking, Off-Street" means space occupied by automobiles on premises other than streets.

(79) "Parking Space" means a space for the parking of a motor vehicle within a public or private parking area.

(80) "Parking Structure" means a building designed for car parking and where there are a number of floors or levels on which parking takes place.

(81) "Parkland" means a means an open area that is generally grassy and that includes opportunities for many activities, which could include playgrounds, walking trails, or athletic fields, but can also mean a preservation area with limited public access.

(82) "Pergola" means a structure usually consisting of parallel colonnades supporting an open roof of girders and cross rafters.

(83) "Principal Building or Structure" means the building or structure with the greatest percentage of lot coverage or occupied by the principal use.

(84) "Public Assembly" means a structure that is meant to be used by the community for the purpose of various groups coming together under a common purpose, which typically include churches, places of worship, etc.

(85) "Public Hearing" means a hearing open to the general public, held after public notice thereof has been given, at which time any person shall be entitled to be heard concerning the subject matter of the hearing.

(86) "Public Lodge" means a location for community groups to socialize and hold meetings, also commonly referred to as social lodges.

(87) "Public Safety Facility" means a facility that is meant to be occupied by municipal safety officers such as police, fire, EMS, etc.

(88) "Recreational Vehicle" means a vehicular-type portable structure without permanent foundation that can be towed, hauled or driven and primarily designed as a temporary living accommodation for recreational, camping, and travel use and including, but not limited to, travel trailers, truck campers, camping trailers, and self-propelled motor homes.

(89) "Religious Facility" means a church or place of worship or religious assembly with related facilities such as the following in any combination: rectory or convent; private school, meeting hall, offices for administration of the institution, licensed child or adult daycare, playground, cemetery.

(90) "Restaurant" means a place where people pay to sit and eat meals that are cooked and served on the premises, which can sometimes include a drive-thru option.

(91) "Rooming Unit" means one or more living and/or sleeping rooms arranged contiguously and being accessible through a single interior entrance, such rooms have no cooking or sanitary facilities.

(92) "Salvage Yard" means a place where disused vehicles or other machinery is broken up and the parts saved and processed for resale, which is also often called a junk yard.

(93) "School" means a publicly or privately-owned facility providing full- or part-time instruction and training; "school" shall include elementary, junior high, and high schools, college and trade schools, and studios providing instruction (e.g., craft, dance, karate schools, all operating as not-for-profit entities).

(94) "Screening" means a method of visually shielding or obscuring one abutting or nearby building, structure or use from another by fencing, walls, berms, or densely planted vegetation.

(95) "Setback" means the minimum distance by which any building or structure must be separated from a street right-of-way or lot line.

(96) "Single Family" means a dwelling that is suited for one (1) family to occupy.

(97) "Stables" refers to a structure that is generally constructed to house livestock.

(98) "Storage" means a space or place where goods, materials, or personal property is placed and kept for more than twenty-four (24) consecutive hours.

(99) "Storage, Outdoor" means the storage or collection for more than three (3) consecutive days, or any part of a day for three (3) consecutive days of any products, materials, equipment, appliances, vehicles not in service, and/or personal property of any kind in an enclosed, uncovered area.

(100) "Story" means a portion of a building included between the surface of any floor and the surface of the floor next above it, or if there is no next floor above, then the space between any floor and the ceiling next above, not including a cellar.

(101) "Street" means a properly dedicated public way which affords the principal means of access to abutting properties.

(102) "Structure" means anything other than a building built or erected, including among other things shelters, arbors, gazebos, stadia, reviewing stands, band stands, display stands, bleachers, booths, parking lots, swimming pools, skating rinks, platforms, decks, towers, bridges, trestles, frameworks, bins, barriers, signs, poles and tanks above or below ground; and shall also mean the supporting framework thereof and appurtenances thereto.

(103) "Structure Height" means the vertical distance measured from the grade level to the highest point of a structure.

(104) "Tower" means a tall structure, usually a steel lattice tower, used to support an overhead power line and often includes an antenna component.

(105) "Townhouse" means a dwelling that is typically clustered into row homes and generally have two (2) or more floors per unit.

(106) "University" means a facility and/or campus that provides for higher education needs and attainment, also generally referred to as a college or college campus.

(107) "Variance" means a deviation from the requirements of this Code granted by the Board in cases of practical difficulty or unnecessary hardship under the provisions of and as limited by this code.

(108) "Veterinary Clinic" means a building whose purpose is to provide medical services and often grooming and boarding services for small companion animals, but can sometimes provide services for livestock.

(109) "Vocational Training" means a technical or trade school that provides the education necessary for community members to enter the workforce with a specific set of skills.

(110) "Wholesale Factory" means a business that buys large quantities of goods and resells them to other businesses.

(111) "Yard" means an open space on the same lot with a main building or structure, extending between a lot line to the nearest front, rear or side wall of such building or structure.

(112) "Yard, Front" means a yard extending the full width of the lot upon which it is located between the street line of such lot and any building located thereon.

(113) "Yard, Rear" means a yard extending the full width of a lot between the main building/structure located thereon and the rear lot line.

(114) "Yard, Side" means a yard extending from the principal building to the side lot line on both sides of the principal building between the lines establishing the front and rear yards.

(Ord. 2017-49. Passed 12-5-17.)

1103.03 CONDITIONAL USE APPLICATION.

1103.04 VARIANCE REQUEST APPLICATION.

1103.05 ZONING AMENDMENT APPLICATION.