73-08 Amend 1103.02 Wind Energy Facilities

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(mmm) VARIANCE, MINOR AREA means an area variance(s) of less than ten percent (10%) of the permitted lot coverage, or of the required side yard or rear yard, according to the criteria set forth in Subsection 1173.04(b). The Commissioner may grant minor area variance(s). (nnn) VARIANCE, AREA means an area variance that is reviewed by the Board who shall determine whether an applicant has demonstrated that the literal enforcement of the Code will, in the case of an area variance, result in practical difficulty according to the criteria set forth in Subsection 1173.04(c). (ooo) VARIANCE, USE means a use variance that is reviewed by the Commission who shall approve or disapprove an application to allow a use not permitted under this Code in the zoning district in which the property is located, the Commission must find that the applicant has demonstrated that the literal enforcement of the Code will result in unnecessary hardship according to the criteria set forth in Subsection 1173.04(d). (ppp) WIRELESS TELECOMMUNICATION ANTENNA or ANTENNA ARRAY means the physical device or an array of elements constituting a physical device through which electromagnetic, wireless telecommunication signals authorized by the Federal Communications Commission are transmitted or received. (qqq) YARD, FRONT means the unoccupied area between the public or private right-of--way and the building line. (rrr) YARD, REAR means the unoccupied area extending the width of the lot between the rear line of the principal structure or any part thereof and the rear lot line. (sss) YARD, SIDE means the unoccupied area between the building line and the rear yard or rear lot line where no rear yard requirement is designated, which runs parallel to the side lot line. shall be and is hereby amended to read as follows: 1103.02 DEFINITIONS The following terms and phrases shall have, for purposes of the Code, the meanings as set forth in this section. (aaa) PRINCIPAL USE means the use to which the greatest percentage of the principal structure or lot not occupied by a structure is devoted. (bbb) ROOMING UNIT means one (1) or more living and/or sleeping rooms arranged contiguously and being accessible through a single interior entrance, such rooms have NO cooking or sanitary facilities.