Port Clinton City Zoning Code
CHAPTER 1125
Definitions
1125.01 GENERAL PROVISIONS.
"Used for" includes "designed for" and vice versa; terms used in the present tense include the future tense; terms used in the singular number include the plural number and vice versa; "building" includes "structure"; "dwelling" includes "residence"; "lot" includes "plot"; "shall" is mandatory, and "may" is permissive.
(Ord. 8-02. Passed 4-23-02.)
1125.02 SPECIFIC TERMS DEFINED.
For the purpose of this Zoning Ordinance, the following terms shall be interpreted as
follows:
(1) "Accessory building or structure" means a detached subordinate building or structure that is located on the same lot as a principal building and not used or designed for human occupancy; and the use of which is clearly incidental to the use of the land or to the use of the principal building.
(Ord. 29-21. Passed 12-28-21.)
(2) "Accessory use" means a use of land or buildings related to the principal use which is also clearly subordinate to the principal use of the land or buildings.
(3) "Administrative Officer" means the Zoning Inspector.
(4) "Adult arcade" means any place to which the public is permitted and or/charged an admittance fee wherein coin-operated or slug-operated or electronically, electrically, or mechanically controlled still or motion picture machines, projectors, or other image-producing devices are maintained to show images to five (5) or fewer persons per machine at any one (1) time, and where the images so displayed are distinguished or characterized by the depicting or describing of nudity or sexual or genital areas.
(5) "Adult bookstore" means any establishment which utilizes fifteen (15) percent or more of its retail selling area for the purpose of retail sale or rental or for the purpose of display by coin-operated or slug-operated, or electronically, electrically, or mechanically controlled still or motion picture machines, projectors, or other image-producing devices, books, magazines, periodicals, films, tapes, and cassettes which are distinguished by their emphasis on adult materials as defined herein.
(6) "Adult cabaret" means a nightclub, bar, restaurant, or similar establishment in which persons appear in a state of nudity in the performance of their duties.
(7) "Adult entertainment business" means an adult bookstore, adult motion picture theater, or an adult only entertainment establishment.
(8) "Adult health club" means any establishment that provides equipment and facilities for exercising and improving physical fitness where employees and/or patrons appear in a state of nudity.
(9) "Adult material" means any book, magazine, newspaper, pamphlet, poster, print, picture, slide, transparency, figure image, description, motion picture film, phonographic record or tape, other tangible thing, or any service, capable of arousing interest through sight, sound, or touch, and which material is distinguished or characterized by an emphasis on matter displaying, describing, or representing sexual activity, masturbation, sexual excitement, nudity, bestiality, or human bodily functions of elimination; or which service is distinguished or characterized by an emphasis on sexual activity, masturbation, sexual excitement, nudity, bestiality or human bodily functions of elimination.
(10) "Adult motion picture theatre" means an enclosed motion picture theater which regularly uses or utilizes fifteen percent or more of its total viewing time for presenting material distinguished or characterized by an emphasis on matter depicting, describing, or related to adult material as defined herein.
(11) "Adult only entertainment establishment" means an establishment where the patron, directly or indirectly, is charged a fee and where the establishment features entertainment or services which constitute adult material as defined herein, or which features exhibitions, dance routines, or gyrational choreography of persons totally nude, topless, bottomless, or strippers, male or female impersonators, or similar entertainment or services which constitute adult material.
(12) “Agriculture" means the use of land for farming; ranching; aquaculture; apiculture; horticulture; viticulture; animal husbandry; including but not limited to the care and raising of livestock, equine, and fur-bearing animals; poultry husbandry and the production of poultry and poultry products; dairy production; the production of field crops, tobacco, fruits, vegetables, nursery stock, ornamental shrubs, ornamental trees, flowers, sod, or mushrooms; timber; pasturage, drying storage and marketing of agricultural products when those activities are conducted in conjunction with, but are secondary to, such husbandry or production.
(13) "Airport" means any landing area and all necessary appurtenances designed, used or intended to be used for the landing or taking off of aircraft.
(14) "Alley" means a right of way, other than a street, road, crosswalk or easement, that provides secondary access for the special accommodation of the abutting property.
(15) "Alteration"means any change in the nature of the land or buildings; and includes any change in supporting members, beams, bearing walls, columns or girders which would tend to prolong the life of the building or use; but does not include normal maintenance and repair.
(16) "Amusement park" means a permanent establishment where buildings and/or structures have been erected for the purpose of recreational amusement and where one or more of the following classes of amusement recreation are provided: mechanically or electrically operated rides; and or a place of amusement such as a hall of mirrors.
(17) "Animal hospital" means a place where animals are given medical or surgical treatment and the boarding of animals is limited to short-term care incidental to the hospital use.
(18) "Antique shop" means any building used for the sale of any old and authentic objects of personal property which were made, fabricated, or manufactured forty or more years earlier and which has a unique appeal and enhanced value mainly because of its age. In addition, articles of personal property which were made, fabricated, or manufactured twenty or more years earlier and due to public demand have attained value in a recognized commercial market which is in excess of its original value.
(19) "Appliance store" means a retail or wholesale establishment where household or office mechanisms operated by gas, electricity, or a small motor are sold.
(20) "Arcade" means a place of business where an individual, association, partnership, or corporation maintains three or more devices, where upon insertion of a coin, slug, token, plate, disc or the payment of some other form of consideration, the public may use said devices as a game, entertainment, amusement, and/or test of skill. These devices include, but are not limited to, pool tables, pinball machines, electronic games, fixed kiddie rides, computer assisted games, and mechanical bulls, but shall not include radios and televisions.
(21) "Art school or gallery" means a building, place, or area where paintings, sculptures, or other works of art are exhibited or sold and where classes may be available to instruct the public in artistic techniques.
(22) "Auditorium/cafetorium" means a building or structure where facilities are provided for athletic, civic, educational, political, religious, or social events.
(23) "Automobile repair and storage" means any building, premises and land in which or upon which a business, service or industry involving the maintenance, servicing, repair, painting of vehicles, or parking and storage of automobiles is conducted or rendered.
(24) "Automobile sales and service" means a building or premise where automobiles are sold to the general public and where service or repair of these vehicles is provided.
(25) "Automobile service station" means any premises used for the supply of gasoline or oil at retail direct to the motoring public; including minor accessories and services for automobiles conducted wholly within an enclosed building.
(26) "Bait store" means a building or structure where night-crawlers, minnows, worms, and similar type creatures used for fishing are sold.
(27) "Bakery" means a building or structure for producing, mixing, compounding, or baking bread, biscuits, cakes, pies, buns and other bakery type items, where flour or meal is the principal ingredient, that are sold to be public.
(28) "Bank" means an institution where money is deposited, kept, lent, or exchanged.
(29) "Barber/Beauty shop" means a facility where human hair is cared for, cut, trimmed, dyed, or curled.
(30) "Basement" means a story partly or wholly underground, where no more than one- half the height of the story is above the average level of the adjoining ground.
(31) "Bed and breakfast" means an owner-occupied, single-family residential dwelling in which rooms are rented to paying guests on an overnight basis and breakfast only is provided, the entire service to be included in one stated price. One individual not residing in the home may be employed in the operation of the facility. No more than four rooms within the dwelling shall be rented and each room shall contain a minimum of 100 square feet.
(32) "Blueprint/Photocopy service" means a building or structure where drawings on paper-type media can be mechanically reproduced.
(33) "Board" means the Board of Zoning Appeals of the City of Port Clinton.
(34) "Boarding and rooming house" means a building in which meals are regularly provided for compensation for at least three but not more than thirty persons.
(35) "Boat rentals" means an area of land or building where watercraft may be rented for use on Lake Erie or its tributaries.
(36) "Boat storage (non-water)" means a building or open area of land where five or more watercraft are parked or stored for period of ten days or more.
(37) "Body piercing facility" means a building or portion thereof whose primary purpose is where holes of various sizes are made in various parts of the body for the purpose of displaying different forms of jewelry such as earrings, rings, etc.
(38) "Bookstore" means a building or structure where printed material and electronically produced tapes of printed material are made available to the general public for purchase.
(39) "Bottomless" means less than full opaque covering of male or female genitals, pubic area, or buttocks.
(40) "Bowling alley" means a building or structure where pins are knocked down through the rolling of a ball.
(41) "Building" means a roofed structure for the shelter, support, enclosure or protection of persons, animals or property. Each part of such a structure separated from the rest by unbroken party walls is a separate building for the purpose of this Zoning Ordinance.
(42) "Building area" means the horizontally projected area of the buildings of a lot, excluding terraces, unenclosed porches, other open areas and architectural appurtenances that project no more than two feet.
(43) "Building height" means the vertical distance measured from the average level of the finished grade at the front of the building to the highest point of a flat roof; to the deck line of a mansard roof; or the mean height level between eaves and ridges for a gable, hip or gambrel roof.
(44) "Building line" or "setback" means the line that establishes the minimum permitted distance on a lot between the building and the lot line.
(45) "Bus terminal" means a building or premises used for the housing or parking of motor driven buses and the possible loading and unloading of passengers. Accessory uses may include ticket offices, luggage checking facilities, and food facilities offering sandwiches, snacks, and non-alcoholic beverages.
(46) "Business" means the use of lands or buildings for the purchase, sale or exchange of goods and services, or for the purpose of maintaining offices, recreational or amusement enterprises for profit.
(47) "Business, professional and administrative" means a building in which one or more persons are employed in the management, direction, or conducting of a business or where professionally qualified persons and their staff serve clients or patients who seek advice, consultation, or treatment and may include the administrative offices of a non profit or charitable organization. Accountants, attorneys, detectives, doctors/physicians, employment advisors, engineers/surveyors, health care professionals, insurance agents, investment agents, real estate agents, title agents, and veterinarians are included herein. Other professionals who meet similar criteria to those listed herein as determined by the Zoning Inspector may be included.
(48) "Business, retail" means a building or portion thereof where goods, wares, merchandise, substances, articles, or things are offered or kept for sale at retail, including storage of limited quantities of such goods, wares, merchandise, substances, articles, or things, sufficient only to service such store.
(49) "Camera shop" means an establishment where film, developing services and camera equipment are sold.
(50) "Camping vehicle/recreational vehicle" means a vehicular-type portable structure without permanent foundation which can be hauled, towed or driven and primarily designed as temporary living conditions for recreational, camping and travel use, and including but not limited to, travel trailers, truck campers, camping trailers and self-propelled motor homes.
(51) "Car wash" means a building or structure containing facilities for washing motor vehicles either through a mechanical method by which the vehicles are moved as automatic or semi-automatic application of, cleaner, brushes, rinse, water and heat for drying is applied or through hand or mechanical washing by the vehicles owner.
(52) "Carryout or drive thru" means an establishment which by design encourages or permits customers to receive goods while remaining in their motor vehicles.
(53) "Cemetery" means an area of land that is set aside as a place for the interment of the dead or in which human bodies have been buried.
(54) "Child care center" means a private establishment enrolling five or more children between two and six years of age inclusive and where tuition, fees or other forms of compensation for the care of the children is charged.
(55) "Church" means a building or structure wherein persons regularly assemble for religious worship and which is controlled and maintained by a religious body organized to sustain public worship.
(56) "Club" and "private lodges" means a building or portion thereof or premises owned or operated by a person or group of persons for a social, literary, political, fraternal or educational purpose primarily for the exclusive use of members and their guests.
(57) “Commission or Planning Commission" means the Planning Commission of the City of Port Clinton.
(58) "Condominium" means a building or group of buildings in which units are owned individually and the structure, common areas and facilities are owned by all of the owners on a proportional, undivided basis. Condominiums shall be either residential-owner occupied, residential-owner and non-owner occupied or commercial.
(59) "Condominium, residential-owner occupied" means a building or group of buildings where the individually owned units are occupied by their owners on a permanent basis.
(60) "Condominium, residential-owner and non-owner occupied" means a building or group of buildings where the individually owned units can be occupied by the owner or used by individuals other than the owner.
(61) "Condominium, commercial" means a building or group of buildings where the individually owned units are occupied with businesses, shops, stores, offices and similar commercial activities.
(62) "Contractor's equipment yard" means any premises or buildings where equipment or materials are stored or where a contractor performs shop or assembly work.
(63) "Contractor's establishment" means a facility operated by an individual, group of individuals, or companies that furnish materials or provide services at a specified site and is limited to building construction activities only.
(64) "Corner lot" means a lot at the junction of and abutting two or more intersecting or intercepting streets.
(65) "Dance hall" means a building or structure where individuals move their body in rhythm to music.
(66) "Dance school" means a facility where instruction is given to individuals who want to learn specific dance steps including ballet, jazz, contemporary and country music.
(67) "Delicatessen" means an establishment where ready to eat food products such as cooked meats and prepared salads are sold to the general public.
(68) "Detached building" means a building that has no structural connection with another building.
(69) "Doctors office/clinic" means an establishment used for the care, diagnosis, and treatment of sick, ailing, infirm or injured persons and those in need of medical or surgical attention, but who are not provided with room or board or kept overnight on the premises.
(70) "Drive-in restaurant" means a building or portion thereof where food and/or beverages are sold in a form ready for consumption and where all or a significant portion of the consumption takes place or is designed to take place outside the confines of the building, often in a motor vehicle on the site.
(71) "Driving range" means a public or private area operated for the purpose of developing golfing techniques and excludes miniature golf courses.
(72) "Drug store" means a store where the primary business is the filling of medical prescriptions and the sale of drugs, medical devices and supplies, and nonprescription medicines, but where non-medical products may be sold as well.
(73) "Dry cleaning" means a building or part thereof used for the purpose of receiving articles or goods of fabric to be subjected to a process of cleaning or dyeing by someone other than the owner of the fabric.
(74) "Dwelling" means a building or portion thereof, designed, used and intended to be used exclusively for permanent residential occupancy, including one-family, two- family, and multiple family dwellings and floating dwellings. A dwelling does not include hotels, motels, boarding and rooming houses, tents, tent trailers, trailer coaches, automobile trailers, recreational vehicles, and other similar structures designed and constructed with wheels. Overnight rental and occupancy of a dwelling shall be prohibited.
(75) "Dwelling, single-family" means a building consisting of a single dwelling unit only.
(76) "Dwelling, two-family" means a building consisting of two dwelling units that may be either attached side by side or one above the other with each unit having a separate or combined entrance or entrances.
(77) "Dwelling, multi-family" means a building consisting of three or more dwelling units including condominiums with varying arrangements of entrances and party walls.
(78) "Easement" means a negotiated interest in the land of another that allows the easement holder specified uses or rights without actual ownership of the land.
(79) "Family" means up to five persons above the age of eighteen and up to six persons below the age of eighteen who are related by blood, adoption, marriage, or guardianship to any of the first five above eighteen years of age.
(80) "Fish cleaning" means an establishment where the public can take fish that they have caught or obtained in some other manner and have the fish cleaned or filleted for off-premise consumption.
(81) “Floatation device” means logs, foam blocks, concrete floats or other similar devices which in combination form a floatation system for support of a floating dwelling.
(82) “Floating dwelling” means a permanently moored floating structure designed and constructed in compliance with the Residential Building Code of Ohio, with no means of self-propulsion, and capable of being used for permanent occupancy as a one family dwelling and supported by a floatation platform connected to public utilities including water and sanitary sewer. A floating dwelling shall only be permitted in protective bodies of water with wave and current attenuation that limits the maximum list of the structure to four degrees and that limits watercraft traffic to “no wake” speeds.
(83) “Floatation platform” means a combination of floatation devices designed and constructed according to the Residential Building Code of Ohio and providing the buoyancy required to support the loads imposed by the floating dwelling.
(84) “Floating dwelling community” means a development designed specifically and exclusively for floating dwellings.
(85) “Floating structure” means a structure supported by a floatation system constructed in compliance with the Residential Building Code of Ohio and held in place by piling and/or mooring devices.
(86) "Floor area" means the sum of the horizontal area within the outside walls, excluding in the case of a dwelling, garages, porches, verandas, sunrooms, unfinished attics or basements or other rooms not habitable during all seasons of the year.
(87) "Florist" means a retail store where flowers and plants are sold or offered for sale to the public and such use may include the incidental raising and arranging of flowers and plants for sale in the store.
(88) "Food processing" means a commercial establishment in which food is processed or otherwise prepared for human consumption but not consumed on the premises.
(89) "Front line" with respect to a building means the foundation line of such a building which is nearest the front lot line.
(90) "Front lot line" means the line marking the boundary between the lot and either the abutting street, easement for street purposes, lake or watercourse; except that for a corner lot, the front lot line means the line marking the boundary between the lot and either the shorter of the abutting street, easement for street purposes, lake or watercourse.
(91) "Front yard" means a yard that is bounded by the front lot line of the principal building, by the adjacent street right-of-way or easement line, and by the segments of side lot lines that they intercept.
(92) "Funeral home/mortuary" means a building designed for furnishing funeral supplies and services to the public and includes facilities intended for the preparation of the dead human body for interment or cremation.
(93) "Golf course" means a public or private area operated for the purpose of playing golf including a par-3 course, club house, and accessory facilities.
(94) "Greenhouse" means a building for the growing of flowers, plants, shrubs, trees, and similar vegetation which are not necessarily transplanted outdoors on the same lot containing the greenhouse but are sold directly from said lot at wholesale or retail.
(95) "Grocery store" means a retail establishment that deals primarily with food and food products required by residents in the community and may include other goods that meet their day to day households needs.
(96) "Hall, meeting and banquet" means a building or portion thereof designed to accommodate 100 or more persons in assembly.
(97) "Health club" means a gymnasium, private club for health, athletics, or recreation, reducing salon, and weight control establishment.
(98) "Heliport" means any landing area used for the landing and taking off of helicopters including all necessary passenger and cargo facilities.
(99) "Home occupation" means the use of a home for a business or professional service which is established entirely within a dwelling, is conducted only by members of the family residing in the dwelling, utilizes not more than twenty-five percent (25%) of the ground floor area of the dwelling, and requires no equipment or process that creates noise, vibration, glare, fumes, odors or electrical interference detectable to the normal senses off the lot.
(100) “Hospital, nursing home, and assisted living facilities” means any institution, building, or other premises or place established for the maintenance, observation, medical and dental care and supervision and skilled nursing care of persons afflicted with or suffering from sickness, disease, or injury or for the convalescent or chronically ill persons.
(101) "Hotel" means a facility offering transient lodging accommodations to the general public and may provide additional services for these individuals.
(102) "Industrialized unit approved" means a constructed unit that is approved by the Ohio Department of Industrial Relations and meets all requirements of the Ohio Basic Building Code.
(103) "Jewelry store" means an establishment which sells new merchandise and some used merchandise from estate sales consisting of precious metals and stones at retail on the premises.
(104) "Junk yard" means land or buildings where waste and discarded used property and materials are accumulated and is or may be salvaged for reuse or resale, including but not limited to, automobiles, farm equipment, mobile homes, travel trailers, trucks or parts thereof.
(105) "Kennel or cattery" means a place primarily for keeping four or more domesticated animals that are ordinarily kept as pets and are at least four months old.
(106) "Laundromat" means a building or structure where coin operated laundry machines, using only water, detergents, and additives, are made available to the public for purpose of laundry cleaning.
(107) "Library" means a building containing printed, soundtrack, video, and pictorial material for public use for purposes of study, reference and recreation.
(108) "Liquor retail stores" means any building or structure licensed under the appropriate statute for sale by the bottle of alcoholic liquor.
(109) "Live theater" means a building or part of a building devoted to live dramatic, comedic and musical performances.
(110) "Loading berth" means an off-street or off-alley area designed or used to load or unload goods.
(111) "Lot" means an area exclusive of streets and alleys and other public places, used as a unit that abuts by its full frontage upon a street.
(112) “Lot coverage or floor area ratio (FAR)" means the area covered by buildings divided by the total lot area, exclusive of streets, alleys and walkways but including utility and other similar easements.
(113) "Lot depth" means the horizontal distance between the mid-points of straight lines connecting the foremost points of said lot lines in front and the rearmost points of said lot lines in the rear.
(114) "Lot line" means the legal boundaries of a lot, excluding streets, alleys, public watercourses and other public easements.
(115) "Lot, minimum area of" means the area of a lot computed exclusive of any portion of the right of way of any public or private street.
(116) "Lot, through" means a lot bounded on opposite sides by streets.
(117) "Lot width" means the distance between the side lot lines measured at the setback line.
(118) "Lumber yard" means a facility where lumber products used in construction and remodeling are sold to the general public.
(119) "Manufactured home" means a building or assembly of closed construction that is fabricated in an off-site facility and constructed in conformance with federal construction and safety standards established by the Secretary of Housing and Urban Development pursuant to the “Manufactured Housing Construction and Safety Standards Act of 1974" and has a permanent label or tag affixed to it certifying compliance with all applicable federal construction and safety standards.
(120) "Manufactured home park" means an area of land on which three or more manufactured homes are regularly accommodated or intended for such use, with or without charge, including any buildings, other structures, fixtures or equipment that is used or intended to be used in providing accommodations.
(121) "Manufacturing" means the use of land, buildings, or structures for the purpose of manufacturing, assembly, making, preparing, inspecting, finishing, treating, altering, repairing, warehousing, or storing or adapting for sale of any goods, substance, article, or thing.
(122) "Manufacturing, heavy" means manufacturing, processing, assembling, storing, testing and similar industrial uses which are generally major operations and extensive in character; require large sites, open storage and service areas, extensive services and facilities, ready access to regional transportation; and normally generate some nuisances such as smoke, noise, vibration, dust, glare, air pollution or water pollution, but not beyond the district boundary.
(123) "Manufacturing, light" means manufacturing or other industrial uses which are usually controlled operations; relatively clean, quiet and free of objectionable elements such as smoke, odor or dust; operating and storage within enclosed structures; and generating little industrial traffic and no nuisances.
(124) "Marine sales and service" means a facility for the sale and service of private watercraft and may include the sale of incidental supplies used on the watercraft.
(125) "Marinas" includes places of abode or assembly of three or more boats, houseboats or other vessels, and applies to any recreational, health, education, sectarian, tourist or resort marina or combination thereof and the appurtenant lands and structures thereto, provided that the following are not included: private docks on common grounds of a subdivision where these facilities are provided for the exclusive use of the resident property owners.
(126) “Massage establishment" means any premise where massages are given, offered, or solicited in pursuance of a trade or calling, business, or occupation provided that the service is rendered by a person duly trained, licensed and registered under the appropriate statute.
(127) "Mining" means the extraction of sand, gravel, earth, rock, stone, or mineral bearing substance from the ground for the purpose of obtaining any mineral therefrom.
(128) “Mooring area” means the area used for securing the floating dwelling including the pilings, mooring connectors, piers, ramps, walkways, and the adjacent land area.
(129) "Motel" means a facility offering transient lodging accommodations to the general public and may provide additional services for these individuals.
(130) "Motor vehicle body shop" means a building or structure used for the painting or repairing of the exterior or undercarriage of motor vehicle bodies and in conjunction with which there may be towing service, storage, and motor vehicle rentals for customers while the motor vehicle is under repair.
(131) "Movie theatre" means a building where motion pictures are shown to the public for a fee.
(132) "Museum" means a building used for the preservation of a collection of paintings and/or other works of art, and/or of objects of natural history, and/or of mechanical, scientific and/or philosophical inventions, instruments, models and/or designs and dedicated to the recreation of the public together with any libraries, reading rooms, laboratories, and other offices used in connection therewith.
(133) "Music hall" means a facility in which music is played or performed for the enjoyment of those in attendance with no other goods or services provided.
(134) "Music school" means a facility in which the ability to play musical instruments is taught.
(135) "Night club" means an establishment dispensing liquor and meals and in which music, dancing, or entertainment is conducted.
(136) "Nonconforming use or building" means any use or building lawfully existing prior to the adoption of this Zoning Ordinance, or subsequent amendment thereto, which was designed, erected or structurally altered for a use that does not conform to the regulations of the District in which it is located.
(137) "Novelty shop" means a retail establishment where small articles intended mainly for personal or household adornment or as souvenirs or mementos are sold.
(138) "Nude or nudity" means the showing, representation, or depiction of human male or female genitals, pubic area, or buttocks with less than full opaque covering of any portion thereof, or female breasts with less than a full opaque covering of any portion thereof below the top of the nipple, or of covered male genitals in a discernibly rigid state.
(139) "Nursing home" see Hospital.
(140) "Office" means a building or part thereof designed, intended, or used for the practice of a profession, the carrying on of a business, the conduct of public administration, or, where not conducted on the site thereof, the administration of an industry, but it shall not include a retail commercial use, any industrial use, clinic, financial institution, place of amusement, or place of assembly.
(141) "Open use" means the use of a lot without buildings, or a use for which a building with a floor area no larger than five percent (5%) on the lot is only incidental.
(142) "Park" means an area devoted to recreational uses and generally characterized by its natural, historic, or landscaped features, and used for both passive and active forms of recreation.
(143) "Parking area" means an area or areas of land or a building or part thereof which is provided and maintained upon the same lot or lots upon which the principal use is located, except as otherwise permitted herein, for the purpose of parking motor vehicles.
(144) "Person" means an individual, corporation, firm, partnership, association, organization, unit of government or any other group.
(145) "Personal grooming establishment" means a barber shop, beauty parlor or institute, hairdressing establishment, shoe shine shop, or an establishment providing other forms of personal grooming including make-up, manicure, pedicure, facials, tanning, electrolysis, and counseling related to such grooming.
(146) "Personal service establishment" means a business where professional or personal services are provided for gain and where the sale of retail goods, wares, merchandise, articles, or things is only accessory to the provision of such services including but not limited to tailor shops, laundry and dry cleaning shops, shoe repair shops and other similar type uses.
(147) "Pet shop" means a place where animals or birds for use as pets are sold, kept for sale or groomed, but does not include a shop or place for the breeding or overnight boarding of pets.
(148) "Petroleum products storage" means any facility for the storage of petroleum products for the sole purpose of the distribution of such products for wholesale and retail sale, but excluding those facilities where the use and storage of petroleum products is an integral part of the permitted operations, as in the case of automobile service stations, auto parts stores, department stores, governmental facilities and the like.
(149) "Photographic establishment" means a building or portion thereof used primarily for the developing and processing of film and includes portrait and commercial photography and repair of photographic equipment.
(150) "Place of assembly" means any public or private building or structure or other public open area which is designed for the assembly or collection of persons for civic, political, religious, educational, social, recreational, or amusement purposes at any one time.
(151) "Pool hall" means a building or portion thereof where three or more pool/billiard tables are located and provided for use to the public.
(152) "Primary metal processing" means a smelter, blast furnace, cupola, foundry, mill or other factory used for the production of primary iron or steel, including pigiron, ferro-alloys, and rolled products, or of babbitt metal or other primary nonferrous metals.
(153) "Principal building" means a building in which the principal use of the lot is conducted, including a building that is attached to such a building in a substantial way, such as by a roof.
(154) "Printing shop" means an establishment that provides duplicating services using photocopy, blueprint, engraving, sterotyping, electrotyping and offset printing equipment, including collating of booklets and reports.
(155) "Private garage" means a garage whose principal use is to house motor vehicles for the accommodation of related dwelling units or related business establishments and located on the same lot as the principal use.
(156) "Private school" means a school other than a public school.
(157) "Professional office" means an office used by members and the necessary personnel of a recognized profession such as architects, dentists, optometrists, engineers, lawyers, physicians, surgeons, realty agents and insurance agents.
(158) "Public overnight camp" means an area of land used or designed to be used to accommodate two or more tents, travel trailers or other similar camping outfits, excluding mobile homes.
(159) "Public garage" means a garage, other than a private garage, the services of which are available to members of the public or to persons occupying a hotel, club or similar facility.
(160) "Rear lot line" means a line parallel to and farthest from the front lot line, being at least ten feet and lying wholly within the lot.
(161) "Rear yard" means a yard that extends across the full width of the lot and is bounded on the rear by the rear lot line, and the depth of which is the least distance from the rear lot line to the rear of the principal building.
(162) "Recreational vehicle" means a unit used for camping purposes and includes travel trailers, camping trailers, truck campers and self-propelled house vehicles.
(163) "Resort" means a facility for transient guests where the primary attraction is generally recreational features or activities.
(164) "Rest home" see Hospital.
(165) "Restaurant" means a building where food and beverages are offered for sale to the public for consumption at tables or counters either inside or outside the building on the lot. As an accessory use, take-out service of food and beverages for off-site consumption may be provided. Live entertainment is not provided.
(166) "Retail store or business" means a building or portion thereof where goods, wares, merchandise, substances, articles, or things are offered or kept for sale at retail, including storage of limited quantities of such items.
(167) "School" means any building or portion thereof that is designed, constructed, or used for educational purposes or instruction in any branch of knowledge.
(168) "Setback line" means a line established which is generally parallel with and measured from the lot line, defining the limits of a yard in which no building other than accessory buildings or structures may be located above ground.
(169) "Sexual contact" means any touching of an erogenous zone of another including without limitation the thigh, genitals, buttocks, pubic regions, or if the person is a female, a breast(s) for the purpose of sexually arousing or gratifying either person.
(170) "Sexual excitement" means the condition of the human male or female genitals when in a state of sexual stimulation or arousal.
(171) "Shop" means a building or portion thereof where the art or science of working with tools or machinery is used to provide goods and services to the general public.
(172) "Side lot line" means a lot boundary line other than a front or rear lot line.
(173) "Side yard" means a yard, between the principal building and the side lot line, that extends from the front lot line, or street right of way, to the rear lot line, and the width of which is the least distance between the side lot line and the adjacent side of the building.
(174) "Sign" means a visible device or structure used for advertising, display, direction or publicity purposes.
(175) "Sign, awning" means a movable or fixed shelter supported entirely from the exterior wall of a building and composed of rigid or non-rigid materials, except for the supporting framework.
(176) "Sign, canopy or marquee" means a permanent roof-like shelter extending from part or all of a building face over a right-of-way or sidewalk and constructed of some durable material such as metal, glass, or plastic.
(177) "Sign, bulletin board" means a sign that identifies an institution or organization on the premises on which it is located and that contains the name of the institution or organization, the names of individuals connected with it, and general announcements of events or activities occurring at the institution.
(178) "Sign, directional" means a sign limited to directional messages, principally for pedestrian or vehicular traffic purposes including those for churches, libraries, schools, hospitals, and museums.
(179) "Sign, free standing" means any non-movable sign not affixed to a building.
(180) "Sign, portable" means a sign that is not free standing, not affixed to a building, structure or the ground.
(181) "Sign, projecting" means a sign that is wholly or partly dependent upon a building for support and the nearest edge of the sign extends no more than two (2) feet from the face of the building. No projecting sign shall be closer than ten (10) feet between the bottom of the sign and the ground and shall not exceed the height limit specified in the district.
(182) "Sign, temporary" means a sign or advertising display designed or intended to be displayed for a maximum of thirty (30) days in any calendar year.
(183) "Sign, wall" means a sign fastened to or painted on the wall of a building in such a manner that the wall becomes the supporting structure for, or forms the background surface of the sign and does not project more than twelve (12) inches for such building.
(184) "Special event" means an event, the duration of which is temporary in nature (seven days or less in length in any calendar year) and which is limited to one or more of the following uses: an exhibition, a fair, a carnival, a regatta, a religious festival, a music festival, or a recreational competition.
(185) "Special use" means a use, in addition to those specifically permitted in each district, which may be granted upon review of the proposed site plan by the Planning Commission, due to its unusual characteristics or the service it provides the public.
(186) "Stadium" means a large open or enclosed place used for games and major events and partly or completely surrounded by tiers of seats for spectators.
(187) "Street" means a right of way that is established by record to provide the principal means of access to abutting property.
(188) "Structure" means anything constructed or erected that requires location on or in the ground or attachment to something having a location on or in the ground.
(189) "Structural change" means a substantial change in a supporting member of a building such as a bearing wall or partition, column, beam or girder or in an exterior wall on the roof.
(190) "Swimming pool" means a water filled enclosure, permanently constructed or portable, having a depth of more than eighteen inches below the level of the surrounding land, or an above surface pool having a depth of more than twenty- four inches, designed, used, and maintained for swimming and bathing.
(191) "Tattoo facility" means a building or portion thereof where an indelible mark or figure is fixed upon the body by insertion of a pigment substance under the skin or by production of scars.
(192) "Tavern" means a building or portion thereof, where in consideration of payment thereof, liquor, beer, or wine or any combination thereof is served for consumption on the premises, with or without food.
(193) "Taxi stand" means a place where an automobile(s) used for the commercial purpose of carrying passengers for a fee is parked.
(194) "Telecommunication tower” means a structure that is intended to send and/or receive radio signals or waves for purposes of communication, radio, television, etc.
(195) "Terminal" means a place where transfer between modes of transportation takes place. Examples of terminals shall include bus, train, boat, watercraft, and truck.
(196) "Through lot" means a lot fronting on two parallel or approximately parallel streets and includes lots fronting on both a street and a watercourse or lake.
(197) "Topless" means the showing of the female breast(s) with less than a full opaque covering or any portion thereof below the top of the nipple, or of covered male genitals in a discernibly rigid state.
(198) "Travel trailer" means a vehicular-type portable structure without permanent foundation which can be towed, hauled or driven and designed as a temporary living accommodation for recreational, camping or travel use and including but not limited to travel trailers, truck campers or cabs, camping trailers and self- propelled motor homes.
(199) "Travel trailer park" means an area of land on which two or more travel trailers are regularly accommodated with or without charge, including any building or other structure, fixture or equipment that is used or intended to be used in connection with providing such accommodation.
(200) "Truck stop" means any building, premises, or land in which or upon which a business, service or industry involving the maintenance, servicing, storage, or repair of commercial vehicles is conducted or rendered including the dispensing of motor fuel or petroleum products directly into motor vehicles, the sale of accessories or equipment for trucks and similar commercial vehicles. A truck stop may also include overnight accommodations and restaurant facilities primarily for the use of truck crews and drivers.
(201) "Use" means the employment or occupation of a building, structure or land for a person's service, benefit or enjoyment.
(202) “Variance" means a relaxation of the terms of the Zoning Ordinance where such variance will not be contrary to the public interest and where, owing to conditions peculiar to the property and not the result of the actions of the applicant, a literal enforcement of the Zoning Ordinance would result in unnecessary and undue hardship or practical difficulty.
(203) "Vending machine" means a self-service, mechanical device, that is generally coin operated, where goods or services are provided. Vending machines shall include, but not be limited to, newspaper racks, federal express racks, pop machines, bait machines, etc., but does not include U.S. Mail depository boxes.
(204) "Veterinarian office" means a place where animals are given medical care and the boarding of animals is limited to short term periods due to medical care or an owner's vacation.
(205) "Video/penny arcade" means a building, room, or area which is devoted to offering of facilities for the play of any game of chance or any game of mixed chance and skill for amusement of the public. Pinball, computer games, etc. are included herein, but pool tables, billiard tables, bowling alleys, and bingo halls are not.
(206) "Video outlet” means a business for the sale or rental of video programs/tapes/discs, video cassette recorders, video disc players and related accessories.
(207) “Warehouse" means a building or portion thereof used for the storage and distribution of goods, wares, merchandise, substances, or articles and may include facilities for a wholesale commercial outlet, but shall not include facilities for a trucking terminal or a fuel tank storage facility.
(208) "Warehouse, mini storage" means a building containing separate, individual self- storage units divided from the floor to the ceiling by a wall with an independent entrance from the exterior of the building, designed to be rented or leased on a short term basis to the general public for private storage of personal goods, materials, and equipment. Hazardous materials may not be stored within the units.
(209) "Wholesale trade” means a place of business primarily engaged in selling merchandise to retailers, to industrial, commercial, institutional, or professional business users, or to other wholesalers or their agents.
(210) "Yard" means an open area of land on the same lot with a main building or structure, unoccupied and unobstructed except as otherwise provided by the Zoning Ordinance, and located between the outer walls of the main building and the lot lines of said lot.
(211) "Zoning permit" means a document issued by the Administrative Officer authorizing the use of lots, structures, uses of land and structures, and the characteristics of the uses.
(Ord. 22-08. Passed 10-14-08.)