Oberlin City Zoning Code
CHAPTER 1321
Definitions
1321.01 GENERAL PROVISIONS.
For the purpose of this Zoning Ordinance, certain terms and words are defined as follows: words used in the present tense include the future; words in the singular number include the plural number, and words in the plural number include the singular number; the word "building" includes the word "structure", and the word "shall" is mandatory and not directory. Terms not defined herein shall have the meaning customarily assigned to them.
(Ord. 96-82 AC. Passed 9-16-96.)
1321.01A ADULT DAY CARE CENTER.
“Adult Day Care Center” means an establishment that provides care to three (3) or more adults who require supervision due to physical or mental impairment during any part of a day, but less than 24-hour care. (Ord. 21-76AC CMS. Passed 12-20-21.)
1321.02 ALLEY.
"Alley" means a right-of-way not exceeding thirty feet in width which affords a secondary means of access to abutting property.
(Ord. 96-82 AC. Passed 9-16-96.)
1321.02A ANIMAL PRODUCTION.
"Animal Production" means feeding, housing, and care of farm animals and production of animal products for private or commercial purposes.
(Ord. 21-69AC CMS. Passed 12-6-21.)
1321.03 APARTMENT.
"Apartment" means a room or suite of rooms intended or designed for use as a residence by a single family.
(Ord. 96-82 AC. Passed 9-16-96.)
1321.04 APARTMENT, GARDEN.
"Garden apartment" means an apartment complex or series of apartments, not more than two stories high, with the apartment and auxiliary buildings covering no more than thirty-five percent of the lot area and with a gross residential density not exceeding fourteen units per acre. (Ord. 96-82 AC. Passed 9-16-96.)
1321.05 BASEMENT.
"Basement" means a story having not more than one-half of its height above grade.
(Ord. 96-82 AC. Passed 9-16-96.)
1321.06 BED AND BREAKFAST INN.
“Bed and breakfast inn” means an owner-occupied dwelling unit where transient occupancy,(accommodations for less than thirty days) including room and meal, is provided.
(Ord. 00-30AC. Passed 4-17-00.)
1321.07 BUFFER.
"Buffer" means an open space, fence, wall, plant material, earthen berm, or other configuration of land, buildings, and site features designed to eliminate or reduce the impacts of one use upon another.
(Ord. 96-82 AC. Passed 9-16-96.)
1321.08 BUILDING.
"Building" means any structure designed or built for the support, enclosure, shelter or protection of persons, animals, chattels or property of any kind. When separated by division walls from the ground up, and without an interconnecting opening, each portion of the building shall be deemed a separate building.
(Ord. 96-82 AC. Passed 9-16-96.)
1321.09 BUILDING, ACCESSORY.
"Accessory building" means a separate subordinate building, the use of which is incidental to that of the dominant use of the main building or land.
(Ord. 96-82 AC. Passed 9-16-96.)
1321.10 BUILDING, COMMUNITY.
"Community building" means building or structure under the jurisdiction of City officials by reason of ownership, or lease or agreement for a total term of not less than two years, which may be used for purposes of assembly, recreation or such other civic uses as the responsible officials shall deem appropriate.
(Ord. 96-82 AC. Passed 9-16-96.)
1321.11 BUILDING, HEIGHT OF.
"Height of building" means the vertical distance measured from the average of the original or natural ground elevation (which is the average of the original or natural ground elevations at the center of all walls of a building) to the highest point of the roof for flat roofs, to the deck line for mansard roofs, and to the mean height level (between eaves and ridge) for gable, hip, and gambrel roofs. (Ord. 96-82 AC. Passed 9-16-96.)
1321.12 BUILDING, LINE OF.
"Line of building" means the line of the main body of the building, including sun parlors, sleeping porches, carports and attached garages one story or less in height.
(Ord. 96-82 AC. Passed 9-16-96.)
1321.13 BUILDING, PROFESSIONAL OFFICE.
"Professional office building" means a building containing the necessary facilities for the occupants therein to serve their clientele.
(Ord. 96-82 AC. Passed 9-16-96.)
1321.14 BUILDING SETBACK LINE.
"Building setback line" means the line indicating the horizontal distance between the street easement or right-of-way line and buildings, or any projection thereof, other than steps or permanently open porches unless otherwise specifically defined.
(Ord. 96-82 AC. Passed 9-16-96.)
1321.141 BUSINESS OR COMMERCE.
"Business" or "Commerce" means the engaging in the purchase, sale, barter or exchange of goods, wares, merchandise or services and the maintenance or operation of offices or recreational amusement enterprises.
(Ord. 96-82 AC. Passed 9-16-96.)
1321.15 CARPORT.
"Carport" means an open attached shelter, one story or less in height, for not more than two automobiles. (See also Section 1321.42 [Garage, Private].)
(Ord. 96-82 AC. Passed 9-16-96.)
1321.15A CHILD DAY CARE CENTER.
“Child Day Care Center” as defined in the Ohio Revised Code, means any place that provides day care or publicly funded day care to thirteen (13) or more children at one time or any place that is not the residence of the licensee or administrator where child day care is provided to seven to twelve (7 to 12) children at one time. (Ord. 21-76AC CMS. Passed 12-20-21.)
1321.15B CHILD DAY CARE HOME, TYPE A.
“Child Day Care Home, Type A” as defined in the Ohio Revised Code, means a permanent residence of the administrator in which child care or publicly funded child care is provided for seven to twelve (7 to 12) children at one time or a permanent residence of the administrator in which child day care is provided for four to twelve (4 to 12) children at one time if four (4) or more children at one time are under two years of age.
(Ord. 21-76AC CMS. Passed 12-20-21.)
1321.15C CHILD DAY CARE HOME, TYPE B.
“Child Day Care Home, Type B” as defined in the Ohio Revised Code, means a permanent residence of the provider in which child day care is provided for one to six (1 to 6) children at one time and in which no more than three (3) children are under two (2) years of age at one time.
(Ord. 21-76AC CMS. Passed 12-20-21.)
1321.16 CITY.
"City" means the City of Oberlin, Ohio.
(Ord. 96-82 AC. Passed 9-16-96.)
1321.17 CITY COUNCIL.
"City Council" or "Council" means the City Council of the City of Oberlin.
(Ord. 96-82 AC. Passed 9-16-96.)
1321.18 CITY ENGINEER.
"City Engineer" means the City Engineer or Consulting Engineer of the City of Oberlin or a Consulting Engineer engaged by the City to perform the duties of the City Engineer.
(Ord. 96-82 AC. Passed 9-16-96.)
1321.19 CITY MANAGER.
"City Manager" means the Chief Executive Officer of the City of Oberlin.
(Ord. 96-82 AC. Passed 9-16-96.)
1321.20 LAW DIRECTOR.
"Law Director" means the Law Director of the City of Oberlin.
(Ord. 96-82 AC. Passed 9-16-96.)
1321.21 CLINIC.
"Clinic" means an establishment where patients who are not lodged overnight are admitted for examination and treatment.
(Ord. 96-82 AC. Passed 9-16-96.)
1321.22 CLUB.
"Club" means buildings and facilities owned or operated by a corporation, association, person or persons for social, educational or recreational purposes, but not primarily for profit or to render a service which is customarily carried on as a business.
(Ord. 96-82 AC. Passed 9-16-96.)
1321.23 BUILDING DIVISION.
"Building Division" means the Chief Building Official and/or Residential Building Official of the City of Oberlin or such other city official designated by the City Manager to perform the duties ascribed to the Building Division in this Zoning Ordinance.
(Ord. 11-22 AC CMS. Passed 4-18-11.)
1321.23A COLD FRAME.
An unheated outdoor structure consisting of a wooden or concrete frame and a top made of glass or clear plastic, used for protecting seedlings and plants from the cold.
(Ord. 21-69AC CMS. Passed 12-6-21.)
1321.24 COMPREHENSIVE PLAN.
"Comprehensive Plan" means the plan or plans made and adopted by the Planning Commission indicating the intended location, extent, purpose, features or characteristics of public and private development, including land use, structures, roads and other transportation, community facilities, housing, utilities, drainage facilities, services, and other aspects of the goals, objectives, and recommendations therefor.
(Ord. 96-82 AC. Passed 9-16-96.)
1321.25 CONDITIONAL USE OR CONDITIONALLY PERMITTED USE.
"Conditional use" or "conditionally permitted use" means a use which is listed in one or more districts as being a use which is eligible to be established in such district subject to a conditional use permit; and a use of a lot approved and maintained in conformance with a conditional use permit.
(Ord. 96-82 AC. Passed 9-16-96.)
1321.26 DISTRICT.
"District" means any section of the City of Oberlin for which the zoning regulations governing the use of buildings and premises, the height of buildings, the size of yards and the intensity of use are uniform. (Ord. 430 AC. Passed 11-29-65.)
"Commercial district" means a district in which business activities, such as retail or wholesale sales, offices, and personal services, are the predominant permitted uses, but not including industrial districts.
"Industrial district" means a district in which business activities, such as manufacturing, repair, storage, wholesaling, and distribution, are the predominant permitted uses.
"Planned development district" means a district in which land development is carried out in conformance with an approved development plan.
"Residential district" means a district in which dwellings are the predominant permitted use. (Ord. 96-82 AC. Passed 9-16-96.)
1321.265 DORMITORY.
A “dormitory” means a building or spaces in buildings owned or managed by a college, university or a private school where group or individual sleeping accommodations are provided for at least sixteen persons who are not members of the same family in one room or in a series of closely associated rooms under joint occupancy and single management, with or without meals, but without individual cooking facilities.
(Ord. 00-30AC. Passed 4-17-00.)
1321.27 DRIVE-IN ESTABLISHMENT.
"Drive-in establishment" means any use which by design of physical facilities encourages or permits customers to receive a service, obtain a product, or use or consume a service or product while remaining in an automobile or other vehicle, including but not limited to drive-up food service, auto washes, bank tellers, and book or tape drop-offs.
(Ord. 96-82 AC. Passed 9-16-96.)
1321.28 DWELLING.
"Dwelling" means any building or portion thereof which is designed for or used for residential purposes.
(Ord. 96-82 AC. Passed 9-16-96.)
1321.29 DWELLING, MULTIPLE.
"Multiple dwelling" means a building designed for or occupied by three or more families.
(Ord. 96-82 AC. Passed 9-16-96.)
1321.30 DWELLING, SINGLE-FAMILY.
"Single-family dwelling" means a building designed for or occupied exclusively by one family.
(Ord. 96-82 AC. Passed 9-16-96.)
1321.31 DWELLING, TWO-FAMILY.
"Two-family dwelling" means a building designed for or occupied exclusively by two families.
(Ord. 96-82 AC. Passed 9-16-96.)
1321.32 DWELLING UNIT.
"Dwelling unit" means space within a building designed or used exclusively as living quarters for one family, its household employees and not more than two boarders or roomers, and which includes cooking, bathing and toilet facilities.
(Ord. 96-82 AC. Passed 9-16-96.)
1321.33 EASEMENT.
"Easement" means a grant by a property owner of a specific use of his/her land.
(Ord. 96-82 AC. Passed 9-16-96.)
1321.33A ELECTRONIC MESSAGE DISPLAY.
“Electronic message display” means a sign that utilizes computer-generated messages or some other electronic means of changing copy. These signs include but are not limited to displays using incandescent lamps, LEDs or LCDs. (Ord. 21-72AC CMS. Passed 11-15-21.)
1321.34 FAMILY.
"Family" means:
(a) An individual or two or more persons related by blood, marriage or adoption living together as a single housekeeping unit in a dwelling unit, or
(b) A group of not more than five persons, who need not be related by blood, marriage or adoption, living together as a single housekeeping unit in a dwelling unit.
(Ord. 96-82 AC. Passed 9-16-96.)
1321.34A FARM STAND.
"Farm stand" means a roadside stand of a temporary and removable nature such as a table, stall or tent, in use during that farm's growing season for the sale and display of crops grown on the premises provided that the stand shall be removed after no more than 120 days of use in each calendar year. (Ord. 21-69AC CMS. Passed 12-6-21.)
1321.35 FENCE.
"Fence" means an artificially constructed barrier typically constructed of wood, vinyl, wire or masonry erected to enclose, screen or decorate areas of land. The meaning of the word "fence" includes a freestanding wall which is not part of a building.
(Ord. 21-71 AC CMS. Passed 1-18-22.)
1321.36 FENCE HEIGHT.
"Fence height" means the height of a fence, hedge or wall measured from the ground level at the lowest grade level within three feet of either side thereof.
(Ord. 96-82 AC. Passed 9-16-96.)
1321.37 FENCE, SOLID.
"Solid fence" means a fence, including entrance and exit gates, designed and constructed so that the surface area of any segment thereof contains less than seventy percent (70%) open spaces and more than thirty percent (30%) solid materials.
(Ord. 96-82 AC. Passed 9-16-96.)
1321.38 FILLING STATION, GAS STATION, SERVICE STATION.
"Filling station, gas station, or service station" means any premises where gasoline and/or other fuels for automobiles, trucks, or similar vehicles is sold.
(Ord. 96-82 AC. Passed 9-16-96.)
1321.39 FLOOR AREA, NET.
"Net floor area" means a measure of floor area used for purposes of calculating off-street parking and off-street loading requirements. Net floor area is the sum of the gross horizontal area of space contained on all floors measured in square feet from the exterior faces of the exterior walls of each building or from the centerline of party walls separating two buildings. Net floor area includes floor area in cellars, basements, attics and accessory buildings and excludes only:
(a) Areas devoted to off-street parking or off street loading, including aisles, ramps, and maneuvering space.
(b) Areas devoted primarily to storage and not located within selling or working spaces, except for facilities such as warehouses where the principal use is storage.
(c) Basement or cellar areas not devoted to retailing activities, offices or production or processing of goods.
(d) Elevator shafts, stairs and stairwells.
(e) Maintenance shafts and rooms.
(f) Washrooms.
(g) Display windows.
(h) Fitting rooms.
For structures devoted to bulk storage of materials, every ten feet of building height shall be considered as one floor for purposes of this definition.
(Ord. 96-82 AC. Passed 9-16-96.)
1321.40 FLOOR AREA, RESIDENTIAL.
"Residential floor area" means the ground floor area of any dwelling unit exclusive of basements, garages and porches and measured from the interior of the outside walls.
(Ord. 96-82 AC. Passed 9-16-96.)
1321.40A FOOD PROCESSING.
"Food processing" means the transformation of raw agricultural products into food, or the transformation of one form of food into another form. Food Processing includes but is not limited to multiple forms of processing, including the grinding of grain to make raw flour, home cooking, canning and drying or complex industrial methods used to make convenience foods.
(Ord. 21-69 AC CMS. Passed 12-6-21.)
1321.41 FRONTAGE.
"Frontage" means that portion of a lot abutting on a street and through which vehicular movement or access may be permitted from the lot onto such street.
(Ord. 96-82 AC. Passed 9-16-96.)
1321.42 GARAGE, COMMUNITY.
"Community garage" means a series of private garages located jointly on a common lot and having no public shop or service in connection therewith, with a total capacity for not more than four motor vehicles. (Ord. 96-82 AC. Passed 9-16-96.)
1321.43 GARAGE, PRIVATE.
“Private garage" means an accessory building designed or used for the storage of motor- driven vehicles owned and used by the occupants of the building to which it is accessory. Not more than one of the vehicles may be a commercial vehicle of not more than two-ton capacity. An attached garage or carport is considered a part of the main building and subject to all yard restrictions.
(Ord. 96-82 AC. Passed 9-16-96.)
1321.43A GREENHOUSE.
A building made of glass, plastic, or fiberglass in which plants are cultivated.
(Ord. 21-69AC CMS. Passed 12-6-21.)
1321.44 GARAGE, PUBLIC.
"Public garage" means a building or portion thereof, other than a private or community garage, designed or used for equipping, servicing, repairing, hiring, selling, displaying or storing motor-driven vehicles. (Ord. 96-82 AC. Passed 9-16-96.)
1321.44A HEDGE.
"Hedge" means an evergreen or deciduous landscape barrier consisting of a continuous, dense planting of shrubs which have several small stems from the ground or small branches near the ground. (Ord. 21-71AC CMS. Passed 1-18-22.)
1321.45 HOME OCCUPATION.
"Home occupation" means an occupation, profession, or other business activity carried on by a person residing on the premises and accessory to the residential dwelling use. Specific uses otherwise defined and regulated by this Zoning Code shall not be deemed home occupations. (Such as a Bed and Breakfast, child day care).
(Ord. 22-08AC CMS. Passed 2-22-22.)
1321.46 HOME, NURSING.
"Nursing home" means a home for the aged, chronically ill or incurable persons in which three or more persons not of the immediate family are received, kept or provided with food or shelter and care for compensation, but not including hospitals, clinics or similar institutions devoted primarily to the diagnosis, treatment or care of the sick or injured.
(Ord. 96-82 AC. Passed 9-16-96.)
1321.47 HOME, REST.
1321.47A HOOP HOUSE.
A structure made of PVC piping or other material covered with translucent plastic, constructed in a "half round" or "hoop" shape.
(Ord. 21-69AC CMS. Passed 12-6-21.)
1321.48 HOTEL.
A "hotel" means a building or group of buildings, except college and school dormitories under the same management in which there are sleeping accommodations for more than sixteen persons provided for compensation, and which is used primarily by transients (those occupying accommodations for less than thirty days), and which has a common entrance or entrances. This definition would apply to such uses as motels, inns, clubs or any other name operated or described.
(Ord. 00-30AC. Passed 4-17-00.)
1321.49 HOTEL, APARTMENT.
"Apartment hotel" means an establishment having the character of a hotel but in which at least fifty percent (50%) of the accommodations are for occupancy by guests staying thirty consecutive days or more. (Ord. 96-82 AC. Passed 9-16-96.)
1321.50 HOUSE, APARTMENT.
1321.51 HOUSE, BOARDING.
(EDITOR’S NOTE: Former Section 1321.51 was repealed by Ordinance 00-30AC, passed April 17, 2000.)
1321.52 HOUSE, ROOMING.
1321.53 INSTITUTION.
"Institution" means a non-profit corporation or a non-profit establishment for public use. (Ord. 96-82 AC. Passed 9-16-96.)
1321.54 INTENSITY USE OF LOT.
"Intensity use of lot" means that percentage of the area of a lot which is occupied or may be occupied under this Zoning Ordinance by buildings and their accessory buildings. That area enclosed by the foundation or slab, excluding uncovered porches or patios, shall be considered occupied.
(Ord. 96-82 AC. Passed 9-16-96.)
1321.55 LANDSCAPING.
"Landscaping" means plants, earth, rocks, fences, walls, mulch, and other similar materials designed and installed in the development of a lot.
(Ord. 96-82 AC. Passed 9-16-96.)
1321.56 LOADING SPACE, OFF-STREET.
"Off-street loading space" means a completely off-street space or berth, located on the same lot except as otherwise permitted herein, for the loading or unloading of freight carries.
(Ord. 96-82 AC. Passed 9-16-96.)
1321.57 LODGING HOUSE.
(EDITOR'S NOTE: Former Section 1321.57 was repealed by Ordinance 1289 AC. Passed September 6, 1977.)
1321.58 LOT.
"Lot" means a parcel of land legally existing under the laws of the City of Oberlin and intended as a unit for the purpose, whether immediate or future, of transfer of ownership or for building development.
(Ord. 96-82 AC. Passed 9-16-96.)
1321.59 LOT, CORNER.
"Corner lot" means a lot having frontage on two or more streets at their intersection.
(Ord. 96-82 AC. Passed 9-16-96.)
1321.60 LOT, DEPTH.
"Lot Depth" means the mean horizontal distance between the front line and the rear line of the lot.
(Ord. 96-82 AC. Passed 9-16-96.)
1321.60 LOT OF RECORD.
"Lot of record" means a lot which is part of a subdivision, the map of which has been recorded in the office of the Lorain County Recorder, or a parcel of land, the deed of which was recorded in the office of the Lorain County Recorder.
(Ord. 96-82 AC. Passed 9-16-96.)
1321.61 LOT, WIDTH OF.
"Width of lot" means the width of the lot measured at the line of setback.
(Ord. 96-82 AC. Passed 9-16-96.)
1321.62 MAP, ZONING.
"Zoning Map" means the official zoning map of the City of Oberlin which indicates the locations and extent of the districts as determined by ordinances adopted by City Council.
(Ord. 96-82 AC. Passed 9-16-96.)
1321.63 MINI-STORAGE.
"Mini-storage" shall mean the use of a parcel of land for rental to the public of self- contained, fully enclosed and separately accessed storage units within a single structure or more than one structure. (Ord. 96-82 AC. Passed 9-16-96.)
1321.64 MOTEL.
"Motel" means a building or group of buildings on the same lot, open to the public to provide lodging for more than twenty persons for compensation, having an office supervised by a person in charge at all hours, containing sleeping accommodations but no facilities for cooking. The term "motel" shall not include facilities which are dormitories, and shall not include hotel, rooming houses, boarding houses or apartments which are herein separately defined.
(Ord. 96-82 AC. Passed 9-16-96.)
1321.64A MURAL.
“Mutal” means a one-of-a-kind, hand-painted or hand-tiled image on the exterior wall of a building that does not contain any commercial message. For purposes of this Zoning Ordinance, a mural is not a sign. (Ord. 21-72AC CMS. Passed 11-15-21.)
1321.641 OFFICE.
"Office" means a room or group of rooms used for conducting the affairs of a business, profession, service, industry or government and generally furnished with desks, tables, files and communication equipment.
(Ord. 06-70AC. Passed 9-18-06.)
(Ord. 06-70AC. Passed 9-18-06.)
1321.65 ORDINANCE, SUBDIVISION.
"Subdivision Ordinance" means the Subdivision Ordinance of the City of Oberlin, Part Thirteen, Title Three of the Codified Ordinances of the City of Oberlin.
(Ord. 96-82 AC. Passed 9-16-96.)
1321.66 ORDINANCE, ZONING.
"Zoning ordinance" means Title Five, Zoning Ordinance of the Codified Ordinances of the City of Oberlin, and all texts and maps which are made a part thereof, and which is codified as Title Five of this Part Thirteen - Planning and Zoning Code.
(Ord. 96-82 AC. Passed 9-16-96.)
1321.67 OUTDOOR SALES, STORAGE, DISPLAY.
"Outdoor sales, storage, or display" means any business activity conducted outside of an enclosed building, which activity involves the sale, rental, or lease of goods or the sale or provision of services, or the storage of materials, equipment, or waste related to a business activity, or the placing of such materials or equipment in a manner intended for view by customers.
(Ord. 96-82 AC. Passed 9-16-96.)
1321.68 PARKING SPACE DEPTH.
"Parking space depth" means the longer of the two dimensions of a rectangular parking space. In the case of a space that is not rectangular, the depth shall be the length of the largest imaginary rectangle that can fit within the space.
(Ord. 96-82 AC. Passed 9-16-96.)
1321.69 PARKING SPACE, OFF-STREET.
"Off-street parking space" means an area outside of any public street or alley right-of-way that is adequate for parking an automobile with room for opening doors on both sides together with maneuvering room and properly related access to a public street or alley.
(Ord. 96-82 AC. Passed 9-16-96.)
1321.70 PARKING SPACE WIDTH.
"Parking space width" means the shorter of the two dimensions of a rectangular parking space. In the case of a space that is not rectangular, the width shall be the width of the largest imaginary rectangle that can fit within the space.
(Ord. 96-82 AC. Passed 9-16-96.)
1321.71 PLACE OF WORSHIP.
"Place of worship" means structures and other indoor or outdoor facilities used for public worship and related educational, cultural and social activities. The terms "church" and "temple" shall also have the same meaning as "place of worship".
(Ord. 96-82 AC. Passed 9-16-96.)
1321.72 PLANNING COMMISSION.
"Planning Commission" or "Commission" shall mean the City Planning Commission of the City of Oberlin.
(Ord. 96-82 AC. Passed 9-16-96.)
1321.73 RIGHT-OF-WAY.
"Right-of-way" means an area of land, owned by the City, County of Lorain, State of Ohio, or the federal government or over which one or more of the aforementioned governments have possession of rights for public passage, such area being occupied or intended to be occupied by a street, alley, crosswalk, or other public improvement relating to public travel or access.
(Ord. 96-82 AC. Passed 9-16-96.)
1321.74 SCREENING.
"Screening" means a structure erected or vegetation planted to wholly or partially conceal the area behind it.
(Ord. 96-82 AC. Passed 9-16-96.)
1321.75 SETBACK.
"Setback" means the shortest horizontal distance between a lot line and the closest part or projection thereof of any structure or area. If no lot line is specified, the applicable lot line shall be the street line(s). (Ord. 96-82 AC. Passed 9-16-96.)
1321.76 SHOPPING CENTER.
"Shopping center" means a group of three or more retail or service commercial uses characterized by any one or more of the following:
(a) Uses are designed as a single commercial group, whether or not located on the same lot.
(b) Contiguous uses occupy premises that are under common ownership or management.
(c) Uses are connected by party walls, partitions, canopies or other structural members to form one contiguous structure.
(d) Uses are located in separate buildings but are interconnected by walkways or access ways designed to facilitate customer interchange between the uses.
(e) Uses share a common parking area.
(f) Uses otherwise present the appearance of a single continuous commercial development.
(Ord. 96-82 AC. Passed 9-16-96.)
1321.77 SIGN.
"Sign" means a name, identification, emblem, symbol, trademark, flag, banner, pennant, description, display, or illustration which is directly or indirectly affixed to, painted upon, represented upon, or made visible in any manner whatsoever upon a building, manmade object, natural object, ground, structure, parcel, or lot, and which is designed, intended, or used to convey a message, announce, identify, make known, give direction, or direct attention to an object, product, place, activity, person, institution, organization, idea, concept, or business, and which is visible from an adjacent lot or street.
(Ord. 96-82 AC. Passed 9-16-96.)
1321.77A SIGN, AWNING.
A sign located on a permitted awning. For purposes of Chapter 1351, an awning is defined as a construction attached to and protruding from the face of a building, a door frame, or a window frame and consisting of fabric or other pliable material stretched over a framework.
(Ord. 21-72AC CMS. Passed 11-15-21.)
1321.77B SIGN, BANNER.
“Banner sign” means a sign applied to cloth, paper, flexible plastic, or fabric of any kind with only such material for backing and anchoring on two or more edges or at all four corners. A banner sign is a temporary sign.
(Ord. 21-72AC CMS. Passed 11-15-21.)
1321.77C SIGN, CHANGEABLE MESSAGE.
“Changeable message sign” means a sign such as a bulletin board or announcement board, where the message or graphics is not permanently affixed to the structure, framing, or background allowing the message or graphics to be periodically replaced or covered over manually or by mechanical devices. An electronic message display is not included in the meaning of changeable message sign. (Ord. 21-72AC CMS. Passed 11-15-21.)
1321.78 SIGN FACE.
"Sign face" means an individual face, panel, plane or other surface upon which a sign is placed, which may or may not be parallel to or abut another such face, and which may be all or part of the surface area of a sign.
(Ord. 96-82 AC. Passed 9-16-96.)
1321.79 SIGN, FREESTANDING.
"Freestanding sign" means a freestanding sign shall be an individual structure which is designed, intended, or used for the purpose of supporting a sign and is not attached to any building, wall, fence, or other structure except its own foundation.
(Ord. 96-82 AC. Passed 9-16-96.)
1321.80 SIGN HEIGHT.
"Sign height" means the vertical distance measured from the elevation of the centerline of the pavement of the nearest street to the highest point of the sign.
(Ord. 96-82 AC. Passed 9-16-96.)
1321.80A SIGN, MARQUEE.
A sign located on a permitted marquee which is a permanent roofed structure attached to and projecting beyond the wall of a building over a walkway to provide protection from the weather. (Ord. 21-72AC CMS. Passed 11-15-21.)
1321.81 SIGN, PERMANENT.
"Permanent sign" means any sign except a temporary sign which is intended to be used indefinitely, or used indefinitely without change in the same state or place.
(Ord. 96-82 AC. Passed 9-16-96.)
1321.82 SIGN SURFACE AREA.
"Sign surface area" means the area within a geometric perimeter enclosing the limits of lettering, emblems or other figures or elements of a sign, together with any material or color forming an integral part of the display or used to differentiate the sign from the background against which it is placed. Structural members bearing no sign copy shall not be included in the calculation of sign surface area.
(Ord. 96-82 AC. Passed 9-16-96.)
1321.83 SIGN SURFACE AREA, TOTAL.
"Total sign surface area" means the sum of the sign surface areas of all signs on a lot including, unless otherwise provided in this ordinance, signs with area of four square feet or less.
(Ord. 21-72AC CMS. Passed 11-15-21.)
1321.84 SIGN, TEMPORARY.
“Temporary sign” means a sign not permanently attached to the ground, a wall or building, and not designed or intended for permanent display.
(Ord. 21-72AC CMS. Passed 11-15-21.)
1321.85 SIGN, TEMPORARY MESSAGE.
(EDITOR’S NOTE: Former Section 1321.85 was repealed by Ordinance 21-72AC CMS, passed November 15, 2021.)
1321.86 SIGN, WALL.
"Wall sign" means a sign which is placed or located flat against a wall of a building.
(Ord. 96-82 AC. Passed 9-16-96.)
1321.87 SIGN, WINDOW.
"Window sign" means a sign which is affixed to or near to a window or the glass surface of a door in a manner which causes the sign to be visible from the public street or from an adjacent lot. (Ord. 96-82 AC. Passed 9-16-96.)
1321.88 STORY.
"Story" means that 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 floor above it, then the space between the floor and the ceiling next above it.
(Ord. 96-82 AC. Passed 9-16-96.)
1321.89 STORY, HALF.
"Half story" means that portion of a building between the eave and ridge line of a sloping roof.
(Ord. 96-82 AC. Passed 9-16-96.)
1321.90 STREET.
"Street" means a public right-of-way which affords the primary means of access, by automobile or pedestrian, to abutting property.
(Ord. 96-82 AC. Passed 9-16-96.)
1321.91 STRUCTURE.
"Structure" means anything constructed or erected, the use of which requires more or less permanent location on the ground or attached to something having a permanent location on the ground, including, but without limiting the generality of the foregoing, advertising signs, billboards, backstops for tennis courts and baseball diamonds, and pergolas.
(Ord. 96-82 AC. Passed 9-16-96.)
1321.92 STRUCTURAL ALTERATIONS.
"Structural alterations" means any change in the supporting members of a building, such as bearing walls, columns, beams or girders, or any substantial change in the roof or in the exterior walls. (Ord. 92-82 AC. Passed 9-16-96.)
1321.921 TELECOMMUNICATION.
“Telecommunication” means technology permitting the passage of information from the sender to one or more receivers in a useable form by means of any electromagnetic system.
(Ord. 98-13 AC. Passed 2-2-98.)
1321.922 TELECOMMUNICATIONS ANTENNA, WIRELESS OR CELLULAR.
“Telecommunications antenna, wireless or cellular” means an antenna designed to transmit or receive communications as authorized by the Federal Communications Commission excluding amateur radio operator’s antennae.
(Ord. 98-13 AC. Passed 2-2-98.)
1321.923 TELECOMMUNICATIONS EQUIPMENT BUILDING, WIRELESS OR CELLULAR.
“Telecommunications equipment building, wireless or cellular” means the structure in which the electronic receiving and relay equipment for a wireless telecommunication facility is housed. (Ord. 98-13 AC. Passed 2-2-98.)
1321.924 TELECOMMUNICATIONS FACILITY, WIRELESS OR CELLULAR.
“Telecommunications facility, wireless or cellular” means a facility consisting of the equipment and structures involved in receiving telecommunication or radio signals from a mobile radio communication source and transmitting those signals to a central switching computer which connects the mobile unit with the land based telephone lines.
(Ord. 98-13 AC. Passed 2-2-98.)
1321.925 TELECOMMUNICATION TOWER, WIRELESS OR CELLULAR.
“Telecommunication tower, wireless or cellular” means a structure intended to support equipment used to transmit and/or receive telecommunications signals including monopoles and guyed and lattice construction steel structures.
(Ord. 98-13 AC. Passed 2-2-98.)
1321.93 TERRACE; HEIGHT OF TERRACE.
(a) "Terrace" means a natural or artificial earthen embankment between a building and its front.
(b) "Height of terrace" means the difference in elevation between the average sidewalk level or its equivalent established grade opposite the front of the middle of the building and the average elevation of the terrace at the building wall.
(Ord. 96-82 AC. Passed 9-16-96.)
1321.94 USE.
"Use" means the purpose or activity for which land or structures thereon are designed, arranged or intended or for which they are occupied and maintained.
(Ord. 96-82 AC. Passed 9-16-96.)
1321.95 USE, ACCESSORY.
"Accessory use" means a use which is incidental to the main use of the premises.
(Ord. 96-82 AC. Passed 9-16-96.)
1321.96 USE, NONCONFORMING.
"Nonconforming use" means any building or land lawfully occupied by a use, at the time of passage of this Zoning Ordinance (Ordinance 430 AC, passed November 29, 1965) or amendment thereto, which does not conform, after the passage of this Zoning Ordinance (Ordinance 430 AC, passed November 29, 1965) or amendment thereto, with the use regulations of the district in which it is situated.
(Ord. 96-82 AC. Passed 9-16-96.)
1321.97 VEHICLE, COMMERCIAL.
"Commercial vehicle" means a motorized vehicle other than a passenger car, passenger van (with a seating capacity of less than 16 passengers) or recreational vehicle used by a household for non-commercial personal or family transportation, for recreation or for van pooling or ride-sharing use. Commercial vehicles include commercial trucks, buses, commercial vans, tractors, semitrailers, utility trucks, motorized farm vehicles, earth-moving equipment, construction trailers, flatbed trailers, pole trailers, horse/livestock trailers, and construction equipment including but not limited to backhoes, excavators, motorized cranes, portable cranes, well drilling rigs, etc.
(Ord. 14-65AC CMS. Passed 12-15-14.)
(Ord. 14-65AC CMS. Passed 12-15-14.)
1321.98 VEHICLE, RECREATIONAL.
"Recreational vehicle" means a vehicle designed as temporary living quarters in conjunction with recreation, camping or travel use which either has its own motive power or is drawn by another vehicle. Recreational vehicles include travel trailers, camping trailers, truck campers, boats on or off trailer, motor homes and similar vehicles.
(Ord. 96-82 AC. Passed 9-16-96.)
1321.99 WALL, FRONT.
"Front wall" means the wall of a building which most nearly parallels the frontage of the lot on which the building is located, or, on a building or part of a building which does not face a street, a wall facing a parking lot open to the public as approved by the Planning Commission.
(Ord. 96-82 AC. Passed 9-16-96.)
1321.100 YARD.
"Yard" means an open space on a lot other than a court that either is ("actual yard") or is required hereunder to be ("required yard") unoccupied and unobstructed above ground level by any structure or part or projection thereof other than those permitted in yards herein. An actual yard may be larger than the corresponding required yard. Where a yard is not specified herein to be a required yard or an actual yard, it shall be construed to be a required yard.
(Ord. 96-82 AC. Passed 9-16-96.)
1321.101 YARD, FRONT.
"Front yard" means a yard extending across the front of a lot between the side lot lines and being the minimum horizontal distance between the street right-of-way and the main building or any projections thereof other than the projections of uncovered steps, uncovered balconies or uncovered porches. On corner lots the yards fronting on both streets shall be considered to be front yards.
(Ord. 430 AC. Passed 11-29-65.)
1321.102 YARD, REAR.
"Rear yard" means a yard extending across the rear of a lot between the side lot lines and being the minimum horizontal distance between the rear lot line and the rear of the main building or any projections thereof other than the projections of uncovered steps, unenclosed balconies or unenclosed porches. On all lots the rear yard shall be at the opposite end of the lot from the front yard. (Ord. 96-82 AC. Passed 9-16-96.)
1321.103 YARD, SIDE.
"Side yard" means a yard between the main building and the side line of the lot and extending from the front yard line to the rear yard and being the minimum horizontal distance between a side lot line and the side of the main buildings or any projections thereof.
(Ord. 96-82 AC. Passed 9-16-96.)
1321.104 ZONING CERTIFICATE.
“Zoning certificate” means an authorization issued by the Planning Commission, Zoning Board of Appeals, City Council, City Manager, or Zoning Official for use of a property, construction, or other activity which is subject to and in compliance with this Zoning Resolution. The phrase Zoning Certificate shall include within its meaning the terms “permit” or “sign permit”. (Ord. 21-72AC CMS. Passed 11-15-21.)
1321.105 ZONING OFFICIAL.
The City Manager or their designee authorized to administer and/or enforce this Zoning Code. (Ord. 21-72AC CMS. Passed 11-15-21.)