[Amended 7-11-1983 by Ord. No. 1358; 8-13-1984 by Ord. No. 1391; 7-11-1988 by Ord. No. 1480; 12-12-1988 by Ord. No. 1491; 5-8-1989 by Ord. No. 1500; 2-11-1991 by Ord. No. 1522; 5-18-1989 by Ord. No. 1549; 5-10-1993 by Ord. No. 1564; 10-11-1993 by Ord. No.
1569; 2-14-1994 by Ord. No. 1576]
For the purposes of this chapter, certain terms, phrases and
words shall have the meanings given herein. Words used in the present
tense include the future; the singular includes the plural; the word
"used" shall be construed as though followed by the words "or intended
or designed to be used"; the words "building," "structure," and "land"
or "premises" shall be construed as though followed by the words "or
any portion thereof," and the word "structure" includes the word "building."
The word "shall" is always mandatory and not merely directory.
ABANDONED MOTOR VEHICLES
Shall be prima facie "abandoned" when the physical possession
or control of which has been voluntarily or intentionally relinquished
or disclaimed by its owner without reference to any particular person
or purpose and without the intention of returning to reclaim or appropriate
such vehicle.
ABANDONED SIGN
A sign which no longer identifies or advertises an existing
business, lease, service, owner, product, or activity, and/or for
which no legal owner can be found.
[Added 1-17-2011 by Ord.
No. 1796; amended 11-17-2014 by Ord. No. 1851]
AIRPORT
Any landing area, runway or other facility designated or
used or intended to be used, either publicly or by any person or persons,
for the landing and taking off of aircraft, including all necessary
taxiways, aircraft storage and tie-down areas, hangers, and other
necessary buildings and open spaces within the airport boundaries.
ALLEY
The space or area between the rear or side lot lines of lots
which has a minor right-of-way less than 20 feet in width which is
dedicated for the public use of vehicles and pedestrians and which
affords secondary access to an abutting lot.
ALTERATION
As applied to a building or structure, is a change or rearrangement
in the structural parts of or in the existing facilities, or an enlargement,
whether by extending on a side or by increasing in height, or moving
from one location or position to another.
ALTERATION, STRUCTURAL
A change, other than incidental repairs, which would prolong
the life of the supporting members of a building, such as bearing
walls, columns, beams or girders.
AMMUNITION
The projectiles and propelling charges used in small arms,
artillery, and other guns or launching devices.
[Added 9-19-2022 by Ord. No. 1966]
ARCHITECTURAL DETAIL
Decorative elements of a building facade such as cornices,
lintels, brackets, fishscale shingles, columns, fluting, and quoins
that give the building its character.
[Added 1-17-2011 by Ord.
No. 1796; amended 11-17-2014 by Ord. No. 1851]
AUTOMOTIVE REPAIR GARAGE
A building used for mechanical and/or body repair, storage,
rental, servicing or supplying of gasoline or oil to automobiles,
trucks or similar motor vehicles.
AUTOMOTIVE SERVICE ESTABLISHMENT
Any premises used for supplying gasoline, oil, minor accessories
or services for motor vehicles at retail direct to the motorist consumer,
including car washing and the making of minor repairs, but not including
major repairs, such as spray painting; body, fender, clutch, transmission,
differential, axle, spring and frame repairs; major overhauling of
engines requiring removal therefrom of cylinder head or crankcase
pans; repairs on radiators requiring removal thereof, or complete
recapping or retreading of tires.
AUTOMOTIVE WRECKING
The dismantling or wrecking of used motor vehicles, trucks,
trailers or farm equipment, or the storage, sale or dumping of dismantled,
partially dismantled, obsolete or wrecked vehicles or their parts.
BASEMENT
A portion of a building partly underground and having 1/2
or more than 1/2 of its floor-to-ceiling height below the average
grade of adjoining ground. A basement is not included in computing
the number of stories for the purpose of maximum height regulations.
BLOCK
The length of a street between two street intersections.
A block shall be considered to have a maximum length of 1,600 feet.
BOARD
The Zoning Hearing Board of the City of Warren, Warren County,
Pennsylvania.
BOARDINGHOME
A facility providing living space for four or more unrelated
persons, which generally provides central cooking and dining facilities
and is operated for profit.
BREEZEWAY
Any portion of a lot roofed over by a structure joining a
principal dwelling to any other structure.
BUILDING
An enclosed structure built, erected and framed of component
structural parts, designed for the housing, shelter, enclosure and
protection of persons, animals or property of any kind.
BUILDING, ACCESSORY
A detached, subordinate building, the use of which is customarily
incidental and subordinate to that of the principal building, and
which is located on the same lot as that occupied by the principal
building.
BUILDING, ATTACHED
A building where both side walls or all except the end structure
are party walls.
BUILDING, PRINCIPAL
A building in which is conducted the principal use of the
lot on which it is situated.
CARPORT
A roofed structure having two or more open sides and extending
from the side or rear wall of a principal or accessory building, used
primarily as a shelter for automotive vehicles or recreation equipment.
The open sides may be screened or enclosed, but at least 50% of such
wall area must remain open. For purposes of interpretation of this
chapter, a carport shall be treated the same as a garage.
CELLAR
That portion of a building wholly or partly below ground
level and having more than 1/2 of its floor-to-ceiling height below
the average grade of the existing ground level. See "basement."
CERTIFICATE OF USE AND OCCUPANCY
A statement, based on an inspection and signed by the Zoning
Administrator, indicating that a building, structure and/or land conforms
with the provisions prescribed in this chapter and may lawfully be
occupied or used for a specific use or uses.
CLINIC
A group practice in which two or more professional people
work cooperatively. Examples include physicians, veterinarians, lawyers,
accountants, etc.
CLUB, MEMBERSHIP
A building to house the activities of a club or social organization,
not including one conducted for profit and which is not an adjunct
to or operated for or in connection with a public tavern, cafe or
other place of business.
COMPREHENSIVE PLAN
The comprehensive, long-range plan for the desirable use
of land in Warren, the purpose of such plan being, among other things,
to serve as a guide for the zoning and progressive rezoning of land
to meet changing community needs, in the subdivision and use of undeveloped
land, and in the acquisition of land for such public purposes as streets,
parks, schools and other public buildings.
CONVALESCENT HOME
A dwelling converted into quarters or a building constructed
with quarters for the care of sick, aged or infirm persons.
COUNCIL
The Council of the City of Warren.
CRAFT SHOP
A commercial establishment where craft supplies or craft
items not made on the premises are offered for retail sale or where
classes are regularly scheduled.
CURB LINE
The line establishing the width of a cartway in a right-of-way.
DAY NURSERY SCHOOL
A school for the education of children under six years of
age, not including therewith rooming, boarding or lodging accommodations.
DORMITORY
A building, or part thereof, operated by an institution and
containing a room or rooms forming one or more habitable units which
are intended for living and sleeping purposes, but not for cooking
or eating purposes, by the residents of the institution.
DOUBLE-FACED SIGN
A sign with two identical faces of equal sign area which
are back-to-back.
[Added 1-17-2011 by Ord.
No. 1796; amended 11-17-2014 by Ord. No. 1851]
DRIVE-IN BUSINESS
A place of business where persons remain in their vehicles
while served.
DRIVEWAY
A private roadway providing access for vehicles from a public
way to parking space, garage, dwelling or other structure.
DRIVEWAY, SERVICE
An open space located on a private lot built for access to
a private garage or to any structure located on the lot.
DWELLING (DWELLING BUILDING)
A building arranged and used for residential occupancy containing
a dwelling unit or units, including a one-family, two-family, row
and multifamily dwelling, but excluding a boardinghouse, convalescent
home, hospital, institutional home, lodging house, hotel, motel, rooming
house, tourist court or a tourist home.
DWELLING UNIT
Living space physically arranged so as to create the complete
independent housekeeping facilities for, and exclusive use of, one
family, and with direct access to the outside or to a public hall.
DWELLING, MULTIFAMILY
A building having two or more dwelling units and designed
to be used or occupied as a residence by two or more families living
independently of each other.
EAVE LINE
The lower border of the roof where it joins with the facade.
[Added 1-17-2011 by Ord.
No. 1796; amended 11-17-2014 by Ord. No. 1851]
ENLARGEMENT
A construction activity which increases the size of a building
or other structure.
ERECT
To build, construct, attach, hang, place or suspend, which
shall also include the painting of wall signs or other graphics.
[Added 1-17-2011 by Ord.
No. 1796; amended 11-17-2014 by Ord. No. 1851]
ESSENTIAL SERVICE
The erection, construction, alteration or maintenance by
public utilities or municipal departments or municipal authorities
of underground or overhead gas, electrical, steam or water transmission
or distribution systems, collection, communication, supply or disposal
systems, including poles, wires, mains, drains, sewers, pipes, conduits,
cables, fire alarm boxes, police call boxes, traffic signals, hydrants
and other similar equipment and accessories in connection therewith,
including buildings reasonably necessary for the furnishing of adequate
service by such public utilities or municipal departments or municipal
authorities for the public health, safety or general welfare.
FAMILY
A single individual doing his or her own cooking and living
on the lot as a separate housekeeping unit, or a collective body of
no more than 10 persons doing their own cooking and living together
upon the premises as a separate housekeeping unit.
FLOOR AREA (GROSS FLOOR AREA)
In computing minimum floor area for dwelling units, floor
area shall mean the sum of the gross horizontal areas of several floors
of a building devoted solely to residential use, measured between
interior wall faces and exclusive of entrance ways, porches, breezeways
and roofed terraces, whether enclosed or not, and excluding cellars,
basements and garages. Minimum floor area for single-family detached
or semidetached dwellings is 800 square feet per unit. Minimum floor
area for multifamily, semidetached or attached dwellings is 550 square
feet per dwelling unit.
FLOOR AREA RATIO (FAR)
The total allowable floor area for a given lot expressed
as a ratio between the total floor area and the area of the lot. To
obtain the FAR, divide the floor area of the building by the lot area.
GALLERY
A building or hall solely for the display of artistic works.
[Added 11-17-2014 by Ord.
No. 1850]
GARAGE, PRIVATE
A structure or any portion thereof accessory to a dwelling
used for the housing of not more than three private motor vehicles.
This shall not include a garage offering commercial automotive services
to the public or a garage where any provision is made for repairing
or servicing of vehicles for profit.
GARAGE, PUBLIC
A structure or any portion thereof used for the housing of
motor vehicles not the property of the owner of the garage.
GRADE
The mean curb level or, when the curb level has not been
established or all the walls of the building are more than 15 feet
from street lot lines, "grade" means the mean elevation of the ground
adjoining the principal structure on all sides.
GROUP ELDERLY HOUSING WITH COMMON DINING FACILITIES
A building or group of buildings of exterior residential
character where the occupancy of the building is restricted to persons
55 years of age and older (except for supervisory personnel) and where
the residents reside in individual rooms but with shared cooking and
dining facilities. The residents must be capable of semi-independent
living and must not require nursing or convalescent care. Placement,
administration and management must be by a Pennsylvania nonprofit
corporation recognized as a charitable organization by the Internal
Revenue Service for charitable deduction purposes.
GROUP HOME
A facility providing living space on a long-term basis for
four or more unrelated persons. The facility generally provides central
cooking and dining facilities and may provide other forms of supervised
living activities or guidance. The facility may be operated for profit
or by a nonprofit group or organization to serve a targeted group
of persons.
HARDSHIP
An unusual situation or condition that relates to a particular
property and which denies that property owner full utilization of
his property if the strict application of this chapter is followed.
A hardship exists only when it is not self-created or when it is not
economic in nature. In other words, a true hardship exists only when
the literal interpretation of the requirements of this chapter would
place an individual in an unusual circumstance and, in doing so, would
deny him the right to use his property for any permitted use or create
an unnecessary burden on him.
HEDGE
A fence or boundary formed by a dense row of shrubs or low
trees.
HEIGHT OF BUILDING
The vertical distance from the grade to the top of the highest
roof beams of a flat roof, or to the mean level of the highest gable
or slope of a hip roof. When a building faces on more than one street,
the height shall be measured from the average of the grades at the
center of each street front.
HEIGHT OF STORY
The vertical distance from top to top of two successive tiers
of beams or finished floor surfaces and, for the topmost story, from
the top of the floor finish to the top of the ceiling joists or, where
there is no ceiling, to the top of the roof rafters.
HEIGHT OF WALL
The vertical distance from the foundation wall or other immediate
support of such wall to the top of the wall.
HIGHWAY
A road or highway of the state highway system.
HISTORIC DISTRICT
The twenty-eight-block district bounded by the Conewango
Creek on the east, Hazel Street on the west, Pennsylvania Avenue on
the south, and an irregular northern boundary along Fifth, Sixth,
and Seventh Avenues. Properties abutting the stated boundaries are
included in the Historic District.
[Added 1-17-2011 by Ord.
No. 1796; amended 11-17-2014 by Ord. No. 1851]
HOSPITAL
A private or public institution and related or affiliated
entities devoted to providing facilities, services, programs and activities
for the treatment, care and custodial support of those persons who
are physically or mentally sick, injured, disabled or infirm; to providing
programs and activities for the training of persons, activities and
studies in the medical and health-care fields; and to promoting improved
health status and the prevention of illness and injuries among the
general public.
HOSPITAL, VETERINARY
A structure designed or converted for the care of and/or
treatment of sick and wounded domestic animals.
HOTEL
A building or connected buildings which provide lodging and
usually meals, entertainment and various personal services on a short-term
basis to any member of the public.
ILLUMINATED SIGN
A sign utilizing artificial lighting which includes:
[Added 1-17-2011 by Ord.
No. 1796; amended 11-17-2014 by Ord. No. 1851]
B.
Internal light source:
(1)
Static display: remains the same.
(2)
Changing display: periodically changes static displays.
IMPERVIOUS SURFACE
A surface that has been covered with a layer of material
which prevents absorption of stormwater. Such material must be of
adequate depth to withstand expected traffic loadings. Recommended
examples include bituminous concrete and Portland cement concrete.
INDUSTRY, LIGHT
Industrial development which is free from offensive noise,
vibration, smoke, odors, glares, hazards of fire or other objectionable
effects.
INTERIOR SIGN
Any sign located fully within the interior of any building
or stadium that is intended solely for information relating to the
operation of such building or stadium.
[Added 1-17-2011 by Ord.
No. 1796; amended 11-17-2014 by Ord. No. 1851]
JUNK
Any worn, cast off or discarded articles or materials which
are ready for destruction or which have been collected or stored for
sale, resale, salvage or conversion to some other use. The term "junk"
shall include abandoned and/or nonoperating vehicles, as defined below:
A.
ABANDONED VEHICLEShall be prima facie "abandoned" when the physical possession or control of which has been voluntarily or intentionally relinquished or disclaimed by its owner without reference to any particular person or purpose and without the intention of returning to reclaim or appropriate such vehicle.
B.
NONOPERATING VEHICLEShall be prima facie "nonoperating" when it does not display thereon a current Pennsylvania registration plate and inspection sticker, or if such current registration plate and inspection sticker are displayed thereon, does not presently meet the requirements of the Pennsylvania Motor Vehicle Code concerning the condition of vehicles and the necessary equipment to be attached to vehicles in order to pass current state inspection standards.
JUNKYARD
The use of any lot, whether inside or outside a building,
for the storage, keeping or abandonment of junk, including scrap metals
or other scrap materials, or for the dismantling, demolition or abandonment
of automobiles or other vehicles or machinery or parts thereof.
LAND
The solid portion of the earth's surface which is capable
of being used or occupied.
LEGALLY NONCONFORMING SIGN
An existing sign:
[Added 1-17-2011 by Ord.
No. 1796; amended 11-17-2014 by Ord. No. 1851]
A.
Located on a premise in the City with a permitted use; and
B.
Legally erected prior to the adoption of this article; and
C.
Does not meet the provisions of the current chapter.
LINE, LOT
A line forming the front, rear or side of a lot as described
in the recorded title. Any lot line which abuts a street or other
public way shall be measured from the right-of-way.
A.
LINE, BUILDING SETBACKA building line which determines the minimum allowable distance between a building or structure and lot line.
C.
SIDE LOT LINEA line extending from the front lot line street (right-of-way) to the rear property line of a lot.
D.
LINE, REAR LOTA lot line which defines the rear of a lot or property and is generally opposite the front lot line. In the case of corner lots, the owner shall have the privilege of selecting any lot line, other than one of the front lot lines, to be the rear lot line, provided such choice, in the opinion of the Zoning Administrator, shall not be injurious to the existing or the desirable future development of adjacent lots. Also, the rear lot line of any irregular or triangular lot shall be a line entirely within the lot and at least 10 feet in length.
LOADING SPACE
An off-street space or berth on the same lot with a building
or contiguous to a group of buildings for the temporary stopping of
commercial vehicles while loading or unloading merchandise or materials,
and which abuts upon a street, alley or other appropriate means of
access to a public right-of-way, and which is not less than 12 feet
in width, 50 feet in length and 14 feet in height.
LOT
An area of land which is described in a single deed or by
reference to a recorded plat by metes and bounds and used or occupied
or capable of being occupied by a building(s), structure(s) and/or
use(s), including required open spaces. The lot shall not include
any portion of the street right-of-way.
LOT AREA
The area of land (a horizontal plane) measured at grade and
bounded by the front, side and rear lot lines.
LOT AREA, MAXIMUM PERCENTAGE OF
The maximum percentage of the lot area that is permitted
to be covered by the principal and accessory structures. The covered
area or area built upon is measured at grade level and includes the
permissible yard and court encroachments and street projections as
herein provided.
LOT DEPTH
The mean horizontal distance measured from the front lot
line to the rear lot line.
LOT FRONTAGE
The horizontal distance measured along the front lot line
between the side lot lines.
LOT OF RECORD
An area of land which constitutes a separate lot as duly
recorded or registered in the office of the Recorder of Deeds, Warren
County, Pennsylvania.
LOT WIDTH
The mean horizontal distance between the side lot lines.
LOT, CORNER
A lot fronting on two intersecting streets with the angle
of intersection being less than 135°.
LOT, NONCONFORMING
A lot lawfully existing at the effective date of this chapter,
or by subsequent amendment thereto, which does not completely conform
with the area regulations and other provisions prescribed for the
zoning district in which it is located.
LOT, THROUGH
An interior lot whose front and rear lot lines abut streets,
or a corner lot with two opposite lot lines abutting a street.
MANUFACTURING, LIGHT
Manufacturing that involves processing, packing or bottling;
excludes uses or processes which produce or emit dust, smoke, refuse
matter, toxic or noxious odors, gases and fumes, noise or vibrations.
MARQUEE
Any sign attached to, or adjacent to, the entrance of a building
for the purpose of identifying a venue for the fine arts, performing
arts, or a movie theater or similar place of entertainment.
[Added 11-17-2014 by Ord.
No. 1851]
MARQUEE SIGN
Any sign attached to a marquee for the purpose of identifying
a movie theater or similar place of entertainment.
[Added 1-17-2011 by Ord.
No. 1796; amended 11-17-2014 by Ord. No. 1851]
MINI STORAGE BUILDING
Storage facilities consisting of one or more larger buildings
divided into small, separate units for the storage of personal property.
MOBILE HOME
A.
A transportable, self-contained single-family dwelling designed
to be transported on its own wheels or on a flatbed or other trailer
or detachable wheels, and which may be temporarily or permanently
affixed to real estate, used for nontransient residential purposes,
constructed with the same or similar electrical, plumbing and sanitary
facilities as immobile housing, and upon arrival at the site where
the mobile home is to be situated for occupancy as a residence, is
complete and ready for occupancy except for minor and incidental unpacking
operations, location on foundation supports, connections to utilities
and the like.
B.
Prefabricated units designed to be assembled or joined together
upon arrival at the site and requiring extensive finishing operations,
prior to occupancy (excluding location on foundation and connection
to utilities), shall be considered a "prefabricated home" rather than
a mobile home.
MOBILE HOME LOT
A parcel of land within a mobile home park for the placement
of a single mobile home and the exclusive use of its occupants.
MOBILE HOME PARK
A parcel of land under single ownership which has been specifically
planned and improved for the long-term placement (over 30 days) of
mobile homes for nontransient use in a safe and desirable manner.
MORTUARY
A building where dead bodies are prepared for and kept prior
to burial or cremation and where memorial services for the deceased
may be held. The display and/or sale of funeral equipment is permitted
as an incidental use.
MOTEL
Any group of attached or detached buildings (not including
a trailer) located on a single lot containing individual sleeping
or housekeeping units, designed for or used by transients, including
an auto court, motel, cabin and/or motor lodge.
MOVABLE SIGN
Any sign that is not permanently attached to the ground or
other permanent structure, or a sign designed to be transported, including,
but not limited to, signs designed to be transported by means of wheels,
signs converted to A- or T-frames. This definition does not include
sandwich board signs.
[Added 1-17-2011 by Ord.
No. 1796; amended 11-17-2014 by Ord. No. 1851]
MURAL
Artwork applied to the wall of a building, which covers all
or most of the wall and depicts a scene or event of natural, social,
cultural, or historic significance.
[Added 1-17-2011 by Ord.
No. 1796; amended 11-17-2014 by Ord. No. 1851]
MUSEUM
An institution solely for the acquisition, preservation,
study, and exhibition of works of artistic, historical, or scientific
value.
[Added 11-17-2014 by Ord.
No. 1850]
NEON SIGN
Any sign composed of glass tubing containing a large proportion
of neon gas. A neon sign may be a wall sign, a projecting sign, or
a window sign.
[Added 1-17-2011 by Ord.
No. 1796; amended 11-17-2014 by Ord. No. 1851]
NO-IMPACT HOME-BASED BUSINESS
A business or commercial activity administered or conducted
as an accessory use which is clearly secondary to the use as a residential
dwelling and which does not create vehicular or pedestrian traffic
by customers, clients, patients, pickup, delivery or removal functions
to or from the premises which is in excess of that which is normally
associated with residential use.
[Added 1-19-2009 by Ord. No. 1775]
NURSING HOME
A building designed and licensed for the full-time care of human beings and which includes housing or lodging, meals and nursing. This would include convalescent homes, retirement homes and medical extended-care facilities (not to include group homes as defined in §
470-22 hereof).
OFFICE
A place which is used to conduct a broad range of professions
or businesses where the functions of consulting, recordkeeping, clerical
work and sales (provided that saleable, tangible goods are not displayed
or stored on the premises) are performed.
OFFICE, RESIDENTIAL
A building used for dwelling and certain office purposes.
The area devoted to office use shall not exceed 50% of the gross floor
area of the building nor necessitate making external alterations which
are not customary to a residential building. Office uses permitted
shall be limited to the practice of a profession by a physician, surgeon,
dentist, lawyer or person providing similar services or the conducting
of a business in which the primary functions of consulting, recordkeeping,
clerical work and sales (provided that saleable, tangible goods are
not displayed or stored on the premises) are performed.
OFF-PREMISES SIGN
Any sign, including billboards, that advertises or otherwise
directs attention to an activity not on the same lot where the sign
is located.
[Added 1-17-2011 by Ord.
No. 1796; amended 11-17-2014 by Ord. No. 1851]
ON-PREMISES SIGN
A sign which advertises or otherwise directs attention to
an activity on the same lot where the sign is located.
[Added 1-17-2011 by Ord.
No. 1796; amended 11-17-2014 by Ord. No. 1851]
OPEN SPACE
An area of land unoccupied by a building and/or other structure.
OWNER
The duly authorized agent, attorney, purchaser, devisee,
fiduciary or any person having vested or contingent interest in the
lot, building or structure in question.
PARK
An area of land maintained generally in an open manner for
the use of the public and which may contain active or passive recreation
facilities.
PARKING AREA
An open space on a lot used as an accessory use for the parking
of automotive vehicles.
PARKING SPACE
An off-street space having an area of not less than 180 square
feet, whether outside or inside a structure, to be used exclusively
as a parking stall for one motor vehicle.
PENNANTS
Any lightweight plastic, fabric, or other material, whether
or not containing a message of any kind, suspended from a rope, wire,
or string, usually in a series, designed to move in the wind.
[Added 1-17-2011 by Ord.
No. 1796; amended 11-17-2014 by Ord. No. 1851]
PERMIT
A license, issued by the Zoning Administrator, which permits
the applicant to proceed with the work specified in the permit application
as approved by the Zoning Administrator.
PERSON
An individual, association, copartner or corporation.
PLANNED RESIDENTIAL DEVELOPMENT
A unique concept of residential development consisting of
a large-scale project constructed by a single owner or group of owners
acting jointly and involving a related group of uses. The development
is planned as an entity, and therefore susceptible to development
and regulation as one complex unit rather than as a mere aggregation
of individual buildings located on separate, unrelated lots. Such
developments usually include a more compact arrangement of individual
and/or multifamily dwelling units grouped in and around common open
spaces or green areas. Also, they may include such uses as neighborhood
commercial and personal service uses, public and semipublic uses and
recreational facilities (noncommercial), provided they are functionally
integrated into the development and that the character of the development
conforms to the purpose and intent of this chapter. In general, such
development projects shall include the necessary covenants or other
legal provisions and financial programs as will assure conformity
to and achievement of the proposed development plan.
PLAT
A map, plan or chart of a section or subdivision of the City
of Warren indicating the location and boundaries of individual lots.
PLOT
A parcel of land consisting of one or more portions thereof
which is described by reference to a recorded plat or by metes and
bounds.
PORCH
A roofed-over structure projecting from the front, side or
rear wall of a building. A porch is considered a part of the principal
building and is not permitted to extend into any required yards.
PREMISES
A parcel of real property with a separate and distinct identifying
number shown on a recorded plat record of survey, parcel map, subdivision
map, or a parcel legally created or established in accordance with
zoning.
[Added 1-17-2011 by Ord.
No. 1796; amended 11-17-2014 by Ord. No. 1851]
PROJECTING SIGN
A sign which is attached directly to any building wall and
which extends more than 12 inches from the face of the wall. A projecting
sign may not extend more than four feet from a wall and must clear
the sidewalk by at least 10 feet.
[Added 1-17-2011 by Ord.
No. 1796; amended 11-17-2014 by Ord. No. 1851]
PUBLIC RECREATION FACILITIES
Facilities that provide for recreational uses such as swimming,
bowling, tennis, racquetball, handball, health facilities, etc., that
require paid membership or charge fees for their use. Bowling alleys,
racquet clubs and similar establishments.
PUBLIC/SEMI-PUBLIC USES
Uses of a nature serving the general or a specific public.
Such uses would include City building, libraries, schools, churches,
parks, hospitals, nursing homes, museums and galleries.
[Amended 11-17-2014 by Ord. No. 1850]
RECREATION EQUIPMENT
Major recreational equipment, as defined for purposes of
these regulations, includes travel trailers, pickup campers or coaches,
motorized dwellings, tent trailers, boats and boat trailers and the
like, and cases or boxes used for transporting recreational equipment,
whether occupied by such equipment or not.
A.
TRAVEL TRAILERA vehicular, portable structure built on a chassis designed to be used as a temporary dwelling for travel, recreational and vacation purposes permanently identified as a travel trailer by the manufacturer of the trailer.
B.
PICKUP COACHA structure designed primarily to be mounted on a pickup or truck chassis with sufficient equipment to render it suitable for use as a temporary dwelling for travel, recreational and vacation purposes.
C.
MOTORIZED HOMEA portable dwelling designed and constructed as an integral part of a self-propelled vehicle. They can be either converted trucks or busses or custom-built units.
E.
BOATA vessel designed to travel on water.
REVOLVING SIGN
A sign which revolves in a circular motion rather than remaining
stationary on its supporting structure.
[Added 1-17-2011 by Ord.
No. 1796; amended 11-17-2014 by Ord. No. 1851]
ROOF SIGN
Any sign erected and constructed wholly on and over the roof
of a building, supported by the roof structure, and extending vertically
above the highest portion of the roof.
[Added 1-17-2011 by Ord.
No. 1796; amended 11-17-2014 by Ord. No. 1851]
SANDWICH BOARD
A movable sign consisting of two members connected and hinged
at the top.
[Added 1-17-2011 by Ord.
No. 1796; amended 11-17-2014 by Ord. No. 1851]
SCROLLING SIGN
A sign displaying continuous movement of text and/or images
in either a horizontal or vertical direction.
[Added 1-17-2011 by Ord.
No. 1796; amended 11-17-2014 by Ord. No. 1851]
SERVICE ESTABLISHMENTS
Businesses engaged in providing services on a retail or wholesale
basis, such as, but not limited to, tax preparation offices, printing
and duplicating services, brokerages, professional offices, etc.
SHIPPING TERMINALS
A lot maintained by a motor freight company which is the
origin and/or destination point of short- and long-distance hauling
and which is used for the purpose of storing, transferring, loading
and unloading of merchandise and truck parking and storage facilities.
SIGN
A name, identification, image, description, display, or illustration
that:
[Added 1-17-2011 by Ord.
No. 1796; amended 11-17-2014 by Ord. No. 1851]
A.
Is affixed to, painted, or represented directly or indirectly
upon a building, structure, or piece of land.
B.
Directs attention to an object, product, place, activity, facility,
service, event, attraction, person, institution, organization, or
business.
C.
Is visible from any street, right-of-way, sidewalk, alley, park,
or other public property.
SIGN AREA[Added 1-17-2011 by Ord. No. 1796; amended 11-17-2014 by Ord. No. 1851]
A.
The area of all lettering, wording, and accompanying designs
and symbols, together with the background on which they are displayed.
"Sign area" excludes any supporting framework and bracing, provided
that it does not contain lettering, wording, designs or symbols. For
the purpose of this article, "sign area" shall be computed as a square
or rectangle drawn at the outer limits of the sign face (defined hereafter).
B.
In the case of cylindrical signs, signs in the shape of cubes,
or other signs which are essentially three-dimensional with respect
to their display surfaces, the entire display surface(s) is included
in the computation of area.
(1)
When the sign consists of a double face, only one side shall
be considered for the purpose of calculating total sign area; unless
the sides are not identical or the interior angle formed by the faces
of the sign is greater than 45°, then all faces shall be considered
in calculating total sign area.
(2)
Any spacing between signs designating different or separate
occupants or uses of a building shall not be counted as sign area.
SIGN FACE
The part of a sign that is, or can be, used to identify,
advertise, and communicate information for visual representation and
which attracts the attention of the public for any purpose. This definition
shall include any background material, panel, trim, and color used
that differentiates the sign from the building or structure on which
it is placed. The sign structure shall not be included, provided that
no message, display, or symbol is designed and included as part of
the structure.
[Added 1-17-2011 by Ord.
No. 1796; amended 11-17-2014 by Ord. No. 1851]
SIGN HEIGHT
The distance from the highest portion of the sign, including
all structural elements, to mean grade.
[Added 1-17-2011 by Ord.
No. 1796; amended 11-17-2014 by Ord. No. 1851]
SIGN STRUCTURE
A supporting structure erected and used for the purpose of
physically supporting a sign, situated on any premises where a sign
may be located. This definition shall not include a building, fence,
wall or earthen berm.
[Added 1-17-2011 by Ord.
No. 1796; amended 11-17-2014 by Ord. No. 1851]
SPECIAL EXCEPTION
A provision which permits, under specified terms and conditions,
particular uses to locate in a zoning district without detriment to
the routine and orderly development as provided for that zoning district.
The provision is granted by the Zoning Hearing Board.
STORY
See "height of story."
STREET
A roadway or public way which is dedicated or deeded to public
use by legal mapping by the uses or by another lawful procedure.
STREET LEVEL
That floor of the building constructed to provide the principal
entrance to the property.
[Added 6-20-2016 by Ord.
No. 1869]
STRUCTURE
A combination of materials forming a construction for occupancy
and/or use, including, among others, a building, stadium, gospel tent,
circus tent, reviewing stand, platform, staging, observation tower,
radio tower, water tank, trestle, pier, wharf, open shed, coal bin,
shelter, fence, wall or a sign.
STRUCTURE, ACCESSORY
An attached, semidetached or detached structure whose use
is customarily incidental and subordinate to the principal structure
or use and is located on the same lot as the principal structure or
use.
STRUCTURE, NONCONFORMING
A legal structure existing at the effective date of adoption
or subsequent amendment of this chapter which does not completely
conform to the height regulations, area regulations and other provisions
prescribed for the zoning district in which it is located.
SUPPLEMENTAL SIGN
A sign in addition to the primary business sign used for
the purpose of a short-term promotion (for the business on the premises).
[Added 1-17-2011 by Ord.
No. 1796; amended 11-17-2014 by Ord. No. 1851]
TEMPORARY SIGN
A sign which advertises community or civic projects, construction
projects, real estate for sale or lease, or other special events on
a temporary basis.
[Added 1-17-2011 by Ord.
No. 1796; amended 11-17-2014 by Ord. No. 1851]
TERRACE
A natural or artificial embankment which is higher than the
curb level.
TERRACE, HEIGHT OF
The difference in elevation between the curb level and the
top of the terrace at the center of the wall of the principal structure.
TURNAROUND
An off-street space permitting the turning around of a vehicle;
not intended to be used for parking.
TYPES OF SIGNS
Signs are defined by purpose and by form. Purpose refers
to the type of message contained in the sign. Form refers to the physical
sign itself.
[Added 1-17-2011 by Ord.
No. 1796; amended 11-17-2014 by Ord. No. 1851]
A.
(1)
ADDRESS SIGNA sign or individual lettering/numbering that designates the street number and/or street name for identification purposes, as designated by the United States Postal Service.
(2)
ARTISAN SIGNA sign giving the name or names of principal contractors, architect, and lending institutions responsible for painting or construction on the site where the sign is placed.
(3)
CIVIC EVENT SIGN (ON PREMISES)A noncommercial temporary sign, posted to promote and advertise an activity sponsored by the City, school district, church, public agency, civic or charitable association, or other similar noncommercial organization on the premises where the event is to be held.
(4)
CIVIC EVENT SIGN (OFF PREMISES)A noncommercial temporary sign posted off premises to promote and advertise an activity sponsored by the City, school district, church, public agency, civic or charitable association or other similar noncommercial organization.
(5)
DEVELOPMENT SIGNA temporary sign indicating that the premises is in the process of subdivision or development.
(6)
DIRECTORY SIGNA sign which identifies multiple uses in a planned development on a single sign; may be used for shopping centers, shopping streets or business campuses, and similar large complexes which have a variety of tenants and/or uses.
(7)
DIRECTIONAL SIGNSAn on-premises sign designed to guide vehicular and/or pedestrian traffic by using such words as "entrance," "exit," "parking," "one way," or similar direction or instruction, but not including any advertising message. The name or logo of the business or use to which the sign is giving direction may also be included on the sign.
(8)
GENERAL PURPOSE SIGNA sign that directs attention to a business, to a product sold, manufactured, or assembled, or to services or entertainment offered on the premises where the sign is displayed.
(9)
GOVERNMENT/REGULATORY SIGNA sign to control traffic or for identification, including street signs, warning signs, railroad crossing signs, and signs of public service companies indicating danger or construction, which are erected by, or at the order of, a public officer, employee or agent thereof in the discharge of his official duties.
(11)
INCIDENTAL SIGNA sign used in conjunction with equipment or other functional elements of a use or operation. These shall include, but not be limited to, drive-through window menu boards; signs on automatic teller machines, gas pumps, vending machines, or newspaper delivery boxes.
(12)
INSTRUCTIONAL SIGNA sign located within the interior of a lot, generally not visible from the street or adjoining properties, which provides information as to the location, interior operation, and/or use of buildings or facilities.
(13)
MEMORIAL SIGNA memorial plaque or tablet, to include grave markers or other remembrances of persons or events, which is not for commercial or advertising purposes.
(15)
POLITICAL SIGNA temporary sign relating to the election of a person to a public office or a political party or a matter to be voted upon at an election by the public.
(16)
PUBLIC INTEREST SIGNA sign on private property that displays information pertinent to the safety or legal responsibilities of the public such as "Warning" and "No Trespassing" signs.
(17)
REAL ESTATE SIGNA temporary sign indicating the sale, rental or lease of the premises on which the sign is placed.
(18)
TIME/TEMPERATURE SIGNAn internally illuminated display alternately showing the time and the temperature. May be a wall sign, projecting sign, or freestanding sign.
B.
(1)
ANIMATED SIGNA sign displaying movement either by physical motion or variable light intensity and color, but not including wind-actuated elements such as flags, banners, or specialty items.
(2)
AWNING SIGNA sign painted on or applied to a structure made of cloth, canvas, metal or similar material which is affixed to a building and projects from it.
(3)
BANNERA temporary sign consisting of lightweight, flexible material, which is supported by frame, rope, wires or other anchoring devices, which may or may not include copy, logo, or graphic symbols.
(4)
BEACON LIGHTA source of electric light, whether portable or fixed, the primary purpose of which is to cast a concentrated beam of light generally skyward as a means of attracting attention to its location rather than to illuminate a particular sign, structure or other object.
(5)
CANOPY (FREESTANDING)A rigid multisided structure covered with fabric, metal or other material and supported by columns or posts embedded in the ground. May be illuminated by means of internal or external sources.
(6)
FREESTANDING SIGNA sign and supporting structure that is secured in the ground and independent of any building fence or other support. For the purpose of this definition, "freestanding signs" may consist of the following:
(a)
GROUND SIGNA sign designed to be viewed at eye level. The bottom of the sign is no more than three feet from the ground.
(b)
POLE SIGNA sign which is detached from a building and supported by no more than two poles or other structural supports which are architecturally dissimilar to the design of the sign.
USE, ACCESSORY
A use customarily incidental and subordinate to the principal
use of a building, structure and/or land, except parking and/or loading
facilities as herein provided.
USE, NONCONFORMING
A legal use of a building, structure and/or land existing
at the effective date of adoption or subsequent amendment of this
chapter which does not completely conform with the use regulations
and other provisions prescribed for the zoning district in which it
is located.
USE, PRINCIPAL
The main or primary purpose for which a building, structure
and/or land is designed, arranged or intended or for which it may
be used, occupied or maintained under this chapter. All other structures
or uses on the same lot and incidental or supplemental thereto and
permitted under this chapter shall be considered accessory uses.
VARIANCE
Relief granted by the Zoning Hearing Board, upon appeal in
specific cases from the terms of this chapter, as will not be contrary
to the public interest where, owing to special conditions, a literal
enforcement of the provisions of this chapter will result in unnecessary
hardship and so that the spirit of these regulations will be observed
and substantial justice is done.
VEHICULAR AND/OR EQUIPMENT SIGN
Any vehicle and/or equipment (i.e., dumpster, semi-truck
trailer, etc.) used as a sign or a vehicle and/or equipment to which
a sign is affixed in such a manner that the carrying of the sign is
used primarily as stationary advertisement for the business on which
the vehicle sits, or is otherwise not incidental to the vehicle's
primary purpose.
[Added 1-17-2011 by Ord.
No. 1796; amended 11-17-2014 by Ord. No. 1851]
WALL SIGN
Any sign erected against the wall of a building or displayed
on doors or fences that does not protrude more than 12 inches from
the wall, window, or door. A wall sign may not extend beyond the eave
line or parapet of the roof line.
[Added 1-17-2011 by Ord.
No. 1796; amended 11-17-2014 by Ord. No. 1851]
WINDOW SIGN
Displays of merchandise or objects and material without lettering
placed behind a store window are not considered signs or parts of
signs.
[Added 1-17-2011 by Ord.
No. 1796; amended 11-17-2014 by Ord. No. 1851]
B.
TEMPORARYA paper or cardboard sign that is taped or pressed against or hung on the inside of a window.
WRITTEN NOTICE
Shall be considered to have been served if delivered in person
to the individual, person or to the parties intended, or if delivered
or sent by certified mail to the last address known to the party giving
notice.
YARD
An open, unoccupied space, other than a court, on the same
lot with a building, unobstructed artificially from the ground to
the sky, except as otherwise provided herein.
YARD, FRONT
A yard across the full width of the lot, extending from any
point of a principal building or structure to the front lot line (street
right-of-way line).
YARD, MINIMUM DIMENSION
The minimum permitted horizontal distance between a lot line
and the nearest point of a main wall of a principal building or structure
exclusive of permissible yard encroachments and occupancy and street
projections as provided by this chapter. The measurement of the minimum
dimension shall be made at grade and perpendicular to the lot line
and building or structure.
YARD, REAR
A yard across the full width of the lot, extending from any
point of a wall of a principal building or structure to the rear lot
line of the lot.
YARD, SIDE
A yard between the principal building or structure and the
adjacent side lot line of the lot, extending from the front yard to
the rear yard.
ZONING
The legal and administrative process of dividing the community
into districts or zones and regulating within such districts the use
of land and the use, height and area of buildings for the purpose
of conserving and promoting the health, safety, morals, convenience
and general welfare of the people of the community. Zoning is the
instrument for giving effect to that part of the Comprehensive Land
Use Plan which is concerned with the private uses of and the private
developments on privately owned land, as distinguished from that part
which is concerned with public uses and facilities.
ZONING ADMINISTRATOR
The agent or official designated by the City of Warren and
charged by law with the administration and enforcement of this chapter.
ZONING HEARING BOARD
A group of individuals, created officially by the adoption
of this chapter and appointed by the governing body, whose purpose
and function is to review applications for variances or exceptions
and to decide whether there is legitimate reason for granting the
applicant the relief which he desires or the exception which he has
requested.