(1) "Accessory use" or "accessory" means a use which is clearly incidental to, customarily found in connection with, and (except in the case of accessory off-street parking spaces or loading) located on the same zoning lot as, the principal use to which it is related.
When "accessory" is used in the text, it shall have the same meaning as accessory use.
An accessory use includes, but is not limited to, the following:
A. Residential accommodations for servants and/or caretakers.
B. Swimming pools for the use of the occupants of a residence, or their guests.
C. Domestic or agricultural storage in a barn, shed, tool room, or similar accessory building or other structure.
D. A newsstand primarily for the convenience of the occupants of a building, which is located wholly within such building and has no exterior signs or displays.
E. Storage of merchandise normally carried in stock in connection with a business or industrial use, unless such storage is excluded in the applicable district regulations.
F. Storage of goods used in or produced by industrial uses or related activities, unless such storage is excluded in the applicable district regulations.
G. Accessory off-street parking spaces, open or enclosed, subject to the accessory off-street parking regulations for the district in which the zoning lot is located.
H. Uses clearly incidental to a main use, such as but not limited to offices of an industrial or commercial complex located on the site of the commercial or industrial complex.
I. Accessory off-street loading, subject to the off-street loading regulations for the district in which the zoning lot is located.
J. Accessory signs, subject to the sign regulations for the district in which the zoning lot is located.
K. Other "accessory uses" include; fences, walls, sheds, garages, parking places, decks, poles, satellite dishes, poster panels, and billboards except as otherwise required in this Ordinance an accessory use shall be a permitted use.
(2) "Agriculture" includes farming; ranching; aquiculture; apiculture; horticulture; viticulture; animal husbandry, including, but not limited to, the care and raising of livestock, equine, and furbearing 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; any combination of the foregoing; the processing, drying, storage, and marketing of agricultural products when those activities are conducted in conjunction with, but are secondary to, such husbandry or production, provided, however that:
A. The operation of any such accessory uses shall be secondary to that of normal agriculture activities; and
B. The above uses shall not include the feeding or sheltering of animals or poultry in penned enclosures within 100 feet of any residential zoning district. Agriculture does not include the feeding of garbage to animals or the operation or maintenance of a commercial stockyard or feedyard.
(3) "Airport" means any runway, land area or other facility designed or use either publicly or privately by any person for the landing and taking off of aircraft, including all necessary taxiways, aircraft storage and tie-down areas, hangars and other necessary buildings, and open spaces.
(4) "Alley" or "lane" means a public or private way not more than twenty feet wide affording only secondary means of access to abutting property,
(5) "Alterations" means any change, addition, or modification in construction or type of occupancy, or in the structural members of a building, such as walls or partitions, columns, beams or girders, the consummated act of which may be referred to herein as "altered" or "reconstructed."
(6) "Apartments" means a suite of rooms or a room in a multi-family building arranged and intended for a place of residence of a single family or a group of individuals living together as a single housekeeping unit.
(7) "Apartment, efficiency" means a dwelling unit in a multi-family building, consisting of not more than one habitable room, together with kitchen or kitchenette and sanitary facilities.
(8) "Apartment hotel" means an apartment house which furnishes services for the use of its tenants which are ordinarily furnished by hotels.
(9) "Apartment house". See "dwelling multi-family".
(10) "Appeal" means a request for a review of the Zoning Inspector's interpretation of any provision of this chapter or a request for a variance.
(11) "Automobile repair major" means general repair, rebuilding or reconditioning of engines, motor vehicles or trailers; collision services, including body, frame or fender straightening or repair, overall painting or pawnshop and vehicle steam cleaning.
(12) "Automobile repair minor" means incidental body or fender work, other minor repairs, painting and upholstering, replacement of parts and motor service to passenger cars and trucks not exceeding one and one-half tons capacity.
(13) "Automotive, mobile home, travel trailer, and farm implement sales" means the sale or rental of new and used motor vehicles, mobile homes, travel trailers, or farm implements, but not including repair work except incidental warranty repair of same, to be displaced and sold on the premises.
(14) "Automobile service station or filling station" means a place where gasoline, kerosene or any other motor fuel or lubricating oil or grease for operating motor vehicles is offered for sale to the public and deliveries are made directly into motor vehicles, including greasing and oiling on the premises.
(15) "Automobile wrecking" means the dismantling or disassembling of used motor vehicles or trailers, or the storage, sale or dumping of dismantled, partially dismantled, obsolete or wrecked vehicle or their parts.
(16) "Average recurrence interval" means the average interval in years between storm water flows of a given magnitude, or greater, over a period of time, such as 100 years.
(17) "Basement" means a story whose floor is more than twelve inches but not more than half of its story height below the average level of the adjoining ground as distinguished from a "cellar" which is a story more than one-half below such level. A basement, when used as a dwelling, shall be counted as a story for the purpose of height measurement, and as a half-story for purposes of side yard determination. See Section 1103.03 (a).
(18) "Block " means the property abutting one side of a street and lying between the two nearest intersecting streets, (crossing or terminating) or between the nearest such street and railroad right of way, unsubdivided acreage, lake, river or live stream; or between any of the foregoing and any other barrier to the continuity of development, or corporate boundary lines of the Municipality.
(19) "Billboard or signboard" means any structure or portion thereof, situated on private premises, on which lettered, figured or pictorial matter is displayed for advertising purposes, other than the name and occupation of the user of the premises or the nature of the business conducted thereon or the products primarily sold or manufactured thereon, or any such structure or portion thereof the area of which devoted to advertising purposes, exceeds 100 square feet. The definition shall not be held to include any board, sign or surface used to display any official notices issued by any court or public office or posted by a public officer in the performance of a public duty, or bulletin boards used to display announcement of meeting to be held on premises wherein such bulletin boards are located, nor shall it be held to include a real estate sign advertising for sale or rent the property upon which it stands.
(20) "Board " means the Board of Zoning Appeals of the City of Bellefontaine. Ohio.
(21) "Boarding or lodging house" means. a dwelling or part thereof where meals and/or lodging are provided, for compensation, for five or more persons who are not transients.
(22) "Buffer lot" means a uniform two foot wide strip of land contiguous to an outside boundary of a proposed subdivision and across the full width of the proposed right-of-way dedication of any street that is to be extended into other lands in future planning.
(23) "Building" means any structure having a roof supported by columns or walls, used or intended to be used for the shelter or enclosure of persons, animals or property. When such a structure is divided into separate parts by one or more unpierced walls extending from the ground up, each part is deemed a separate building, except as regards minimum side yard requirements as hereinafter provided.
(24) "Building, accessory" means a subordinate building detached from, but located on the same lot as the principal building, the use of which is incidental and accessory to that of the main building or use.
(25) "Building Height" means the vertical distance measured from the established grade to the highest point of the roof surface for flat roofs; to the deck line of mansard roofs; and to the average height between eaves and ridge for gable, hip, and gambrel roofs. Where a building is located on sloping terrain, the height may be measured from the average ground level of the grade at the building wall. See Section 1103.03(b).
(26) "Building Line" means a line formed by the face of the building and for the purposes of the Zoning Ordinance, a minimum building line is the same as a front setback line. See Section 1103.03(c).
(27) "Building, principal" means a building in which is conducted the main or principal use of the lot on which said building is situated.
(28) "Business, convenience" means Commercial establishments which cater to and can be located in close proximity to or within residential districts without creating undue vehicular congestion, excessive noise, or other objectionable influences. To prevent congestion, convenience uses include, but need not be limited to, drugstores, beauty salons, barber shops, carry-outs, dry cleaning and laundry pickup facilities, and grocery stores, if less than 10,000 square feet in floor area. Uses in this classification tend to serve a day-to-day need in the neighborhood.
(29) "Business, general" means commercial uses which generally require locations on or near major thoroughfares and/or their intersections, and which tend, in addition to serving day- to-day needs of the community, also supply the more durable and permanent needs of the whole community. General business uses include, but need not be limited to, such activities as supermarkets; stores that sell hardware, apparel, footwear, appliances, and furniture; department stores; and discount stores.
(30) "Business, highway" means commercial uses which generally require locations on or near major thoroughfares and/or their intersections, and which tend to serve the motoring public. Highway business uses include, but need not be limited to, such activities as filling stations; truck and auto sales and service; restaurants and motels; and commercial recreation.
(31) "Business, Office Type" means Quasi-commercial uses which may often be transitional between retail business and/or manufacturing, and residential uses. Office business generally accommodates such occupations as administrative, executive, professional, accounting,
writing, clerical, stenographic, and drafting. Institutional office of a charitable, philanthropic, or religious or educational nature are also included in this classification.
(32) "Business, services" means profit making activity which renders services primarily to other commercial or industrial enterprises, or which services and repairs appliances and machines used in homes and businesses.
(33) "Business, wholesale" means business establishments that generally sell commodities in large quantities or by the piece to retailers, jobbers, other wholesale establishments, or manufacturing establishments. These commodities are basically for further resale, for use in the fabrication of a product, or for use by a business service.
(34) "Cellar" means a story the floor of which is more than one-half of its story height below the average contact ground level at the exterior walls of the building. A cellar shall be counted as a story for the purpose of height regulations, only if used for dwelling purposes other than by a janitor or a caretaker employed on the premises. See Section 1103.03(a).
(35) "Cemetery" means land used or intended to be used for the burial of human dead and dedicated for cemetery purposes, including columbariums, crematories, mausoleums and mortuaries if operated in connection with, and within the boundaries of, such cemetery.
(36) "Certificate of Occupancy" means a statement signed by the Building Inspector, setting forth that either a structure or zoning lot, or both, may lawfully be employed for specific uses. Such structure(s) and use shall conform to the provisions of the Zoning Ordinance.
(37) "Channel" means a natural or artificial watercourse of perceptible extent, with bed and banks to confine and conduct continuously or periodically flowing water.
(38) "Child day-care" means administering to the needs of infants, toddlers, pre-school children, and school children outside of school hours by persons other than their parents or guardians, custodians, or relatives by blood, marriage, or adoption for any part of the twenty-four hour day in a place or resident other than the child's own home. The following are child day-care facilities:
(39) "Child day-care center" mans any place in which child day-care is provided, with or without compensation, for thirteen or more children at any one time, or any place that is not the permanent residence of the licensee or administrator in which child day-care is provided, with or without compensation, for seven to twelve children at any one time. In counting children for the purposes of this definition, any children under six years of age who are related to a licensee, administrator, or employee and who are on the premises shall be counted.
(40) "Type A family day-care home" means a permanent residence of the administrator in which child day-care is provided for four to twelve children at any one time, if nine or more children are under two years of age. In counting children for the purposes of this definition, any children under six years of age who are related to a licensee, administrator, or employee and who are on the premises of the Type A home shall be counted. The term "Type A family day-care home" does not include a residence in which the needs of children are administered to, if all such children are siblings of the same immediate family and the residence is their home.
(41) "Type B family day-care home" means a permanent residence of the provider in which child day-care or child day-care services are provided for one to six children at one time and in which no more than three children may be under two years of age at any one time. In counting children for the purposes of this definition, any children under six years of age who are related to the provider and are on the premises cf the Type B home shall be counted. The term "Type B family day-care -home" does not include a residence in which the needs of children are administered to, if all such children are siblings of the same immediate family and the residence is their home.
(42) "City" means the incorporated City of Bellefontaine, Logan County, Ohio.
(43) "Clinic" means a placed used for the care, diagnosis and treatment of sick, ailing, infirm and injured persons and those who are in need of medical or surgical attention, but who are not provided with board or room nor kept overnight on the premises.
(44) "Club" means a nonprofit association of persons who are bonafide members, paying regular dues, and are organized for some common purpose, but not including a group organized solely or primarily to render a service customarily carried on as a commercial enterprise.
(45) "Commercial entertainment facilities" means any profit making activity which is generally related to the entertainment field, such as motion picture theaters, carnivals, nightclubs, cocktail lounges, and similar entertainment activities.
(46) "Commission" means the City Planning Commission of Bellefontaine, Ohio.
(47) "Community Facilities" means existing, planned and proposed parks, playgrounds, schools and other public lands and buildings of the municipality or county for which the regulations are in effect.
(48) "Comprehensive Plan" means the master plan, or any portion thereof, adopted by the City Planning Commission or Regional Planning Commission which shows the general location and extent of physical facilities, including major stress, main thoroughfares, parks, schools and other public open spaces and public building sites. Also, applicable sections of the Logan County Overall Economic Development Program (OEDP) as adopted by the council of the City of Bellefontaine, Ohio.
(49) "Conditional use" means a use permitted within a district other than a principally permitted use, requiring a conditional use permit and approval of the Board of Zoning Appeals.
(50) "Conditional use permit" means a permit issued by the Zoning Administrator upon approval by the Board of Zoning Appeals to allow a use other than a principally permitted use to be established within the district.
(51) "Condominium" means a building or group of buildings in which units are individually owned but the structure, common areas and facilities are owned on a proportional, undivided basis by all of the owners.
(52) "Condominium property" means and includes the land, together with all buildings, improvements, and structures thereon, all easements, rights and appurtenances belonging thereto, and all articles of personal property which have been submitted to the provisions of Ohio R. C. Chapter 5311.
(53) "Convalescent" or "nursing home" means a structure with sleeping rooms, where persons are housed or lodged and are furnished with meals, nursing and medical care.
(54) "Council'' means the legislative body of Bellefontaine, Ohio.
(55) "Court" means an open unoccupied and unobstructed space, other than a yard, on the same lot within a building or group of buildings.
(56) "Crosswalks" means the right of way dedicated to public pedestrian use, which cut across a long block.
(57) "Cul-de-sac" means a dead-end street of short length having one end open to traffic and the other end terminating to a vehicular turn-around.
(58) "Dead end street" means a street temporarily having only one outlet for vehicular traffic and intended to be extended or continued in the future.
(59) "Deck" means a wooden platform, which may have sides and a canopy, attached to a dwelling with direct access from one or more levels of the dwelling.
(60) "Density" means a unit of measurement expressing the number of dwelling units per acre of land.
A. "Gross density" means the number of dwelling units per acre of the total land to be developed.
B. "Net density" means the number of dwelling units per acre of land when the acreage involved includes only the land devoted to residential uses.
(61) "Density bonus" means an increase in the number of allowable dwelling units per acre granted for some specific reason, such as the provision of lower-income housing, as provided for in the zoning regulations.
(62) "Developer" means a person, subdivider, partnership or corporation or duly authorized agent who constructs or contracts to construct improvements.
(63) "Development" means any man-made change to improved or unimproved real estate, including but not limited to buildings or other structures.
(64) "District" means a portion of the territory of the City within which certain uniform regulations and requirements or various combinations thereof apply under the provisions of this Zoning Ordinance.
(65) "Drive-in" means a business establishment so developed that its retail or service character is dependent on providing a driveway approach or parking spaces for motor vehicles so as to serve patrons while in the motor vehicle rather than within a building or structure.
(66) "Dwelling" means any building or portion thereof designed or used exclusively as the residence or sleeping place of one or more persons, but not including a tent, cabin, trailer coach, boarding or rooming house or house trailer.
(67) "Dwelling unit" means space, within a dwelling, compromising living, dining, sleeping room or rooms, storage closets, as well as space and equipment for cooking, bathing and toilet facilities, all used by only one family and its household employees.
(68) "Dwelling group" means a group of two or more detached dwellings located on a parcel of land in one ownership and having any yard or court in common.
(69) "Dwelling, single family" means a dwelling consisting of a single dwelling unit only, separated from other dwelling units by open space.
(70) "Dwelling, two-family" means a dwelling consisting of two dwelling units which may be either attached side by side or one above the other, and each unit having a separate or combined entrance or entrances.
(71) "Dwel1ing, multi-family" means a dwelling consisting of three or more dwelling units including condominiums with varying arrangements of entrances and party walls. Multi- family housing may include public housing and industrialized units.
(72) "Dwelling condominium" means a building or structure consisting of two or more dwelling units and having a type of land ownership under the provisions of Ohio R. C. Chapter 5311 whereby individual dwelling units may be sold and owned separately, while common areas and some outdoor areas may be owned in common.
(73) "Dwelling, industrialized unit" means an assembly of materials or products comprising all or part of a total structure which, when constructed, is self-sufficient or substantially self-sufficient ana when installed, constitutes a dwelling unit, except for necessary preparations for its placement, and including a modular or sectional unit but not a mobile home.
(74) "Dwelling, rooming house (boarding house, lodging house, dormitory)" means a dwelling or part thereof, other than a hotel, motel or restaurant where meals and/or lodging are provided for compensation, for three or more unrelated persons where no cooking or dining facilities are provided in the individual rooms.
(75) "Easement" means an authorization by a property owner for the use by another, and for a specified purpose, of any designated part of his property.
(76) "Engineer" means a person licensed to practice engineering in the State of Ohio and, more specifically, a civil engineer as referred to in this chapter.
(77) "Elderly housing facility" means a building or buildings containing twelve or more dwelling units where occupancy is restricted to elderly persons or households. Such facilities may include emergency first aid care, day care, therapy, personal care, nursing facilities, recreational facilities, and provide for independent or semi-independent living. For the purposes of this definition, "elderly housing facility" shall not include convalescent homes, nursing homes, group residential facilities, or homes for the aged.
(78) "Elderly person" means any person who is sixty-two years of age or older, or any person under sixty-two years of age who is handicapped such that his physical impairments are of a long-term duration and impede his ability to live independently without a suitable housing environment.
(79) "Essential services" means the erection, construction, alteration or maintenance by public utilities or Municipal departments of underground, surface, or overhead gas, electrical, steam, fuel or water transmission or distribution system, collection, communication, supply or disposal systems, including towers, poles, wires, mains, drains, sewers, pipes, conduits, cables, fire alarm and police call boxes, traffic signals, hydrants and similar equipment in connection herewith but not including buildings which are necessary for the furnishing of adequate service by such utilities or Municipal departments for the general health, safety, or welfare.
(80) "Excavation" means any breakage of ground, except common household gardening and ground care.
(81) "Extra-territorial jurisdiction " means jurisdiction exercised by the City Planning Commission over all subdivisions proposed for the territory lying within three miles of the corporate limits of the City.
(82) "Factory-built housing" means a factory-built structure designed for long-term residential use, the components of which are essentially constructed or assembled prior to its delivery to and installation upon a site. For the purposes of this Ordinance "factory-built housing" shall include the following:
A. "Manufactured home" means any nonself-propelled housing transportable in one or more sections which, in the traveling mode, is eight body feet or more in width or forty body feet or more in length, or, when erected on site, is thirty-two or more square feet, and which is built on a permanent chassis and designed to be used as a dwelling unit with or without a permanent foundation when connected to the required utilities, and includes the plumbing, heating, air conditioning, and electrical systems contained therein, and which bears a label that is built in compliance with Federal Manufactured Housing Construction and Safety Standards.
B. "Modular home" means factory-built housing certified as meeting the State Building Code as applicable to modular housing. Once certified by the state, modular homes shall be subject to the same standards as site-built homes. Such housing may be made of one or more modular units and referred to as a "sectional".
C. "Mobile home" means a transportable, factory-built home, designed to be used as a year-round residential dwelling and built prior to enactment of the Federal Manufactured Housing Construction and Safety Standards Act of 1974, which became effective June 15, 1976.
"STATEMENT OF INTENT FOR "FACTORY BUILT H0USING"
Because terms for manufactured housing such as those listed in the above definition titled "Factory-Built Housing" tend to change over the years, the purpose and intent of the definition is to draw a distinction between dwellings that are produced and erected in assembly line style at the factory, from those stick-built dwellings (see definition of stick-built) in which a substantial amount of material and construction labor are brought together in final form at the foundation site. The above explanation is the spirit in which any future interpretation shall be made from this section, no matter what terms for manufactured housing are in vogue at any given time.
(83) "Family" means a person living alone, or two or more persons living together as a single housekeeping unit in a dwelling unit, as distinguished from a group occupying a rooming house, motel or hotel, dormitory, fraternity or sorority house, provided, however, that "family" shall not include more than four persons unrelated to each other by blood, marriage or legal adoption.
(84) "Farm" means the carrying on of any agricultural activity or the raising of livestock or small animal as a source of income.
(85) "Farm vacation enterprises (profit or non-profit)" means farms adapted for use as vacation farms, picnicking and sport areas, fishing waters, camping, scenery, and nature recreation areas; hunting areas; hunting preserves and watershed projects.
(86) "Federal Emergency Management Agency (FEMA)" means the agency with the overall responsibility for administering the National Flood Insurance Program.
(87) "Feedlot" means a relatively small, confined land area for fattening or temporarily holding chattel for shipment.
(88) "Flood" or "flooding" means a general and temporary condition of partial or complete inundation of normally dry land areas from:
A. The overflow of inland or tidal waters; and/or
B. The unusual and rapid accumulation cr runoff oi surface waters from any source.
(89) "Flood base" means the flood having a one percent (1%) chance of being equaled or exceeded in any given year. Also known as the "base flood" or "100 year flood."
(90) "Flood Insurance Rate Map (FIRM) n means an official map on which the Federal Emergency Management Agency has delineated the areas of special flood hazard.
(91) "Flood Insurance Study" means the official report in which the Federal Emergency Management Agency has provided flood profiles, floodway boundaries, and the water surface elevations of the base flood.
(92) "Floodway" means the channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than one foot.
(93) "Flood hazard" indicates overflow water having sufficient velocity to transport debris, to scour the surface soil or to dislodge or damage buildings. It also indicates erosion of the banks of watercourses.
(99) "Flood hazard area" means the land on the flood plain within a community subject to a one percent (1%) or greater chance of flooding in any given year.
(95) "Flood plain" means that portion of river or creek valley adjacent to the river or creek channel which is covered with water when the river or creek overflows its banks at flood stage.
(96) "Floor Area, Residential." For the purpose of computing the minimum , allowable floor area in a residential dwelling unit, the sum of the horizontal areas of each story of the building shall be measured from the exterior faces of the exterior walls or from the centerline of
walls separating two buildings. The floor area measurement is exclusive of areas of basements, unfinished attics, attached garages, breezeways and enclosed and unenclosed porches.
(97) "Floor area, gross" (for purposes of computing parking) means the sum of the gross horizontal areas of all of a building, measured from the exterior faces of the exterior walls or from the center line of common walls separating two buildings. Gross floor area shall not include garages, attic space, terraces, breezeways, open porches and uncovered steps. See Section 1103.03(d).
(98) "Floor area, usable" means measurement of usable floor area shall be the sum of the horizontal areas of the several floors of the building, measured from the interior faces of the exterior walls.
(99) "Food processing" means the preparation, storage or processing of food products. Examples of these activities include bakeries, dairies, canneries, and other similar businesses.
(100) "Frontage" means all the property abutting on one side of a street between intersecting or intercepting streets, or between a street and a right of way, waterway, end of a dead-end street or City boundary measured along the street line. An intercepting street shall determine only the boundary of the frontage on the side of the street which it intercepts.
(101) "Garage, private" means a detached accessory building or portion of the principal building used only for the storage of self-propelled passenger vehicles or trailers by the families residing upon the premises.
(102) "Garage, public" means a principal or accessory building other than a private garage, used for parking or temporary storage of passenger automobiles, trailers and/or boats, and in which no service shall be . provided for remuneration.
(103) "Garage, service station" means buildings and premises where gasoline, oil, grease, batteries, tires and motor vehicle accessories may be supplied and dispensed at retail, and where in addition, the following services may be rendered and sales made:
A. Sales and service of spark plugs, batteries and distributor parts;
B. Tire servicing and repair, but not recapping or regrooving.
C. Replacement of mufflers and tail pipes, water hose, fan belts, brake fluid, light bulbs, fuses, floor mats, seat covers, windshield wipers and blades, grease containers, wheel bearings, mirrors, and the like;
D. Radiator cleaning and flushing;
E. Radiator welding and repair;
F. Greasing and lubrication;
G. Providing and repairing fuel pumps, oil pumps and lines;
H. Minor servicing and repair of carburetors;
I. Adjusting and repairing brakes;
J. Minor motor adjustment not involving removal of the head or crankcase racing the motor;
K. Ales of cold drinks, packaged food, tobacco, and similar convenience goods for service station customers, as accessory and incidental to principle operations;
L. Provisions of road maps and other informational material to customers, provision of restroom facilities;
M. Warranty maintenance and safety inspections.
Uses permissible at a garage, service station do not include major mechanical and body work, straightening of body parts, painting, welding, storage of automobiles not in operating condition, or other work involving noise, glare, fumes, smoke, or other characteristics to an extent greater than normally found in filling stations. A filling station is not a repair garage nor a body shop.
(104) "Gasoline service station" means a place for the dispensing, sale or offering for sale of motor fuels directly to users of motor vehicles, together with the sale of minor accessories and services for motor vehicles, but not including automobile repair.
(105) "General Development Plan" or "Master Plan" means that plan adopted by the Planning Commission which includes the plan of major streets or highways .
(106) "Grade" means the ground elevation established for the purpose of regulating the number of stories and the height of buildings. The building grade shall be the level of the ground adjacent to the walls of the building if the finished grade is level. If the ground is not entirely level, the grade shall be determined by averaging the elevation of the ground for each face of the building.
(107) "Group residential facility" is a community residential facility, licensed and/or approved and regulated by the State of Ohio, which provides rehabilitative or habilitative services. There are two classes of group residential facilities:
Class I: Any state, federal, or locally approved dwelling-or place used as a foster home for children or adults (not including nursing homes) or as a home for the care or rehabilitation of dependent or delinquent children, for the physically handicapped or disabled, or for those with mental illness or developmental disabilities. A Class I Type A group residential facility contains six or more residents, exclusive of staff. A Class I Type B group residential facility contains five or less residents, exclusive of staff.
Class II: Any state federal, or locally approved dwelling or place used as a home for juvenile offenders; a halfway house providing residential care or rehabilitation for adult offenders in lieu of institutional sentencing; a halfway house providing residence for persons leaving correctional institutions; and residential rehabilitation centers for alcohol and drug abusers, provided that detoxification is expressly prohibited on such premises. A Class II Type A group residential facility contains six or more residents, exclusive of staff. A Class II Type B group residential facility contains five or less residents, exclusive of staff.
(108) "Hazardous wastes" means those substances which, singly or in combination pose a significant present or potential threat or hazard to human health or to the environment, and which, singly or in combination, require special handling, processing, or disposal, because they are or may be flammable, explosive, reactive, corrosive, toxic, infectious, carcinogenic, bioconcentrative, or persistent in nature, potentially lethal, or an irritant or strong sensitizer.
(109) "Historic area" means a district or zone designated by a local authority, state or federal government within which the buildings, structures, appurtenances and places are of basic and vital importance because of their association with history, or because of their unique architectural style and scale, including materials, proportion, form and architectural detail, or because of their being a part of or related to a square, park, or area the design or general arrangement of which should be preserved and/or developed according to a fixed plan based on cultural, historical or architectural motives or purposes.
(110) "Home occupation" means an accessory use which is an activity, profession, occupation, service, craft, or revenue-enhancing hobby which is clearly incidental and subordinate to the use of the premises as a dwelling, and is conducted entirely within the dwelling unit without any significant adverse effect upon the surrounding neighborhood. Activities such as teaching, tutoring, tax consulting and the like shall involve not more than three receivers of such services at any one time, with the exception of certified or uncertified type B family day-care homes, which constitute a residential use and not an accessary use.
(111) "Hospital" means a building or portion thereof used for the accommodation of sick, injured or infirm persons, including sanitaria and sanitoria.
(112) "Hotel or motel and motor inn" mean building(s) in which lodging or boarding and lodging are provided and offered to the public for compensation. As such it is open to the public in contradistinction to a boarding house, rooming house, lodging house, or dormitory which is herein separately defined. These buildings do not include individual cooking on kitchen facilities.
(113) "Improvements" means any additions to the natural state of the land which increase its value or utility, including pavements, curbs, gutters, sidewalks, crosswalks, water mains, sanitary and storm sewers, landscaping and other appropriate facilities or plantings.
(114) "Industry" means the storage, repair, manufacture, preparation or treatment of any article, substance or commodity.
(115) "Institution" means a building(s) and/or land designed to aid individuals in need of mental, therapeutic, rehabilitation counseling or other correctional services.
(116) "Inundation" means standing water or water in motion, of sufficient depth to damage property due to the mere presence of water or the disposition of silt.
(117) "Junkyard" means a place where waste and discarded or salvaged material is bought, sold, exchanged, baled, packed, disassembled or handled, including auto wrecking yards, house wrecking yards, used lumber yards and places or yards for storage of salvaged house wrecking and structural steel materials and equipment; but not including such places where such uses are conducted entirely within a completely enclosed building, and not including pawn shops and establishments for the sale, purchase or storage of used furniture and household equipment, used cars in operable condition or salvaged materials incidental to manufacturing operations.
(118) "Kennel" means any lot or premise on which dogs, cats or other household pets are boarded, bred or exchanged for monetary compensation.
(119) "Kitchen" means any room in a building or dwelling unit which is used for cooking or the preparation of food.
(120) "Land Use Plan" means the long-range plan for the desirable use of land in the City as officially adopted and as amended from time to time by the Planning Commission, the purpose of such plan being, among other things, to serve as a guide in zoning and progressive changes in the zoning of land to meet the changing needs, in the subdividing and use of the undeveloped land, and in the acquisition of rights of way or sites for public purposes such as streets, parks, schools and public buildings.
(121) "Loading space" means an off-street space or berth on the same lot with a building, or contiguous to a group of buildings, for the temporary parking of a commercial vehicle while loading or unloading merchandise or materials, and which abuts upon a street, alley or other appropriate means of access. All off-street loading spaces shall be located totally outside of any street or alley right-of-way.
(122) "Lot" means a parcel of land occupied, or intended to be occupied, by a main building or a group of such buildings and accessory buildings, or utilized for the principal use and uses accessory thereto, together with such yards and open spaces as are required under the provisions of the Zoning Ordinance. A lot may or may not be specifically designated as such on public record.
(123) "Lot, corner" means a lot where the interior angle of two adjacent sides at the intersection of two streets is less than 135 degrees. A lot abutting upon a curved street or streets shall be considered a corner lot for the purposes of the Zoning Ordinance if the arc is of less radius than 150 feet and the tangents to the curve, at the two points where the lot lines meet the curve or the straight street line extended, form an interior angle of less than 135 degrees.
(124) "Lot, interior" means any lot other than a corner lot.
(125) "Lot, through" means any interior lot having frontage on two more or less parallel streets as distinguished from a corner lot. In the case of a row of double frontage lots, all yards of such lots adjacent to streets shall be considered frontal, and front yard setbacks shall be provided as required.
(126) "Lot, zoning" means a single tract of land, located within a single block, which, at the time of filing for a building permit, is designated by its owner or developer as a tract to be used, developed, or built upon as a unit, under single ownership or control.
A zoning lot shall satisfy the Zoning Ordinance with respect to area, size, dimensions and frontage as required in the district in which the zoning lot is located. A zoning lot, therefore, may not coincide with a lot of record as filed with the County Recorder's Office, but may include one or more lots of record.
(127) "Lot area" means the total horizontal area with the lot lines of building including accessory buildings.
(128) "Lot coverage" means the part or percent of the lot occupied by a building including accessory buildings.
(129) "Lot depth" means the horizontal distance between the front and rear lot lines, measured along the median between the side lot lines.
(130) "Lot lines" means the lines bounding a lot as defined herein, and illustrated in Section 1103.03(e):
A. "Front lot line", in the case of an interior lot, means that line separating the lot from the street right-of-way line. In the case of a corner lot, or double frontage lot, is that line separating the lot from either street right-of-way line.
B. "Rear lot line"means that lot line opposite the front lot line. In the case of a lot pointed at the rear, the rear lot line shall be an imaginary line parallel to the front lot line, not less than ten feet long lying farthest from the front lot line and wholly within the lot.
C. "Side lot line" means any lot line other than the front lot line or rear lot line. A side lot line separating a lot from a street is a side street lot line. A side lot line separating a lot from another lot or lots is an interior side lot line.
(131) "Lot of record" means a parcel of land, the dimensions of which are shown on a document, map or plate on file with the County Recorder's Office or in common use by Municipal or County Officials, and which actually exists as so shown, or any part of such parcel held in a record ownership separate from that of the remainder thereof.
(132) "Lot width" means the horizontal distance between the side lot lines, measured at the two points where the building line, or setback line intersects the side lot lines.
(133) "Lowest floor" means the lowest floor of the lowest enclosed area (including a cellar or basement). An unfinished or flood resistant enclosure, usable solely for parking of vehicles, building access or storage, in an area other than a basement area, is not considered a building's lowest floor.
(134) "Main (principal) use" means the main or principal use to which the premises are devoted and the principal purpose for which the premises exist.
(135) "Maintenance and storage facilities" means land, buildings, and structures devoted primarily to the maintenance and storage of construction equipment and material.
(136) "Major thoroughfare" means an arterial street which is intended to serve as a large volume traffic way for both the immediate municipal area and the region beyond, and is designated as a major thoroughfare parkway, freeway, expressway or equivalent term on the Major Thoroughfare Flan to identify those streets comprising the basic structure of the Major Thoroughfare Plan.
(137) "Major Thoroughfare Plan" means the comprehensive plan for the City, adopted by the City Planning Commission and indicating the general location of proposed freeways, arterials, collectors and local roadways within the corporate limits of the City and/or unincorporated areas within three miles thereof.
(138) "Manufactured home". See "Factory Built Housing."
(139) "Manufactured Home park" means a parcel (or contiguous parcels) of land divided into two or more manufactured home lots for rent, as defined in Ohio R. C. 3733.01, over which the Public Health Council has exclusive rule making power.
(140) "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, and water pollution, but not beyond the district boundary.
(141) "Manufacturing, light" means manufacturing or other industrial uses which are usually controlled operations; relatively clean, quiet and free of objectionable or hazardous elements such as smoke, noise, odor, or dust; operating and storing within enclosed structures; and generating little industrial traffic and no nuisances.
(142) "Manufacturing, extractive" means any mining, quarrying, excavating processing, storing, separating, cleaning or marketing of any mineral natural resource.
(143) "Master Plan" means the Comprehensive Community Plan including graphic and written proposals indicating the general location for streets, parks, schools, public buildings and all physical development of the Municipality, and includes any unit or part of such plan, and any
amendment to such plan or parts thereof. Such plan may or may not be adopted by the Planning Commission and/or the Legislative Body.
(144) "Mezzanine" means an intermediate floor in any story occupying not to exceed one- third of the floor area of such story.
(145) "Mobile home" means any non-self-propelled vehicle so designed, constructed, reconstructed, or added to by means of accessories in such manner as will permit the use and occupancy thereof for human habitation, when connected to utilities, whether resting on wheels, jacks, blocks or other temporary foundation and used or so construed as to permit its being used as a conveyance upon the public streets and highways and exceeding a gross weight of 4,500 pounds and an overall length of thirty feet, and not in compliance with the Federal Manufactured Housing Construction and Safety Standards Act of 1974.
(146) "Mobile home, double-wide or triple-wide" means a mobile home consisting respectively of two or three sections combined horizontally at the site to form a single dwelling, while still retaining their individual chassis for possible future movement.
(147) "Mobile home, expandable" means a mobile home with one or more room sections that fold, collapse, or telescope into the principal unit when being transported and which can be expanded at the site to provide additional living area.
This category does not include the sub-assembly methods of construction know as pre-fab or pre-cut, in which cases some portion of the preparation or sub-assembly may be done at the factory but not erected until at the foundation site.
(148) "Mobile home park" means any site, or tract of land under single ownership, upon which two or more mobile homes used for habitation are parked, either free of charge or for revenue purposes; including any roadway, building, structure, vehicle, or enclosure used or intended for use as a part of the facilities of such park.
(149) "Monuments" means permanent concrete or iron markers used to establish. definitely all lines of the plat of a subdivision, including all lot corners, boundary line corners and points of change in street alignment.
(150) "Motel." See "hotel or motel and motor inn."
(151) "Municipality" means the City of Bellefontaine, Ohio.
(152) "Net acre" means land area which excludes all street, utility and railroad rights of way and waterways.
(153) "New construction" means structures for which the "start of construction" commenced on or after the effective date of this chapter.
(154) "Nonconforming use" means a building, structure or premises legally existing and/or used at the time of adoption of this Zoning Ordinance, or any amendment thereto, and which does not conform with the use regulations of the district in which it is located. Any such building, structure or premises conforming in respect to use but not in respect to height, area, yards or courts, or distance requirements from more restricted districts or uses, shall not be considered a nonconforming use.
(155) "Nonconformities" means lots, uses of land, structures, and uses of structures and land in combination lawfully existing at the time of enactment of this Ordinance or its amendments which do not conform to the regulations of the district or zone in which they are situated, and are therefore incompatible.
(156) "Nursery, plant materials" means a space, building or structure, or combination thereof, for the storage of live trees, shrubs or plants offered for retail sale on the premises including products used for gardening or landscaping. The definition of nursery within the meaning of the Zoning Ordinance does not include any space, building or structure used for the sale of fruits, vegetables or Christmas trees.
(157) "Nuisance factors" means an offensive, annoying, unpleasant or obnoxious thing or practice, a cause or source of annoyance, especially a continuing or repeating invasion of any physical characteristics of activity or use across a property line which can be perceived by or affects a human being, or the generation of an excessive or concentrated movement of people or things, such as: noise, dust, smoke, odor, glare, fumes, flashes, vibration, shock waves, heat, electronic or atomic radiation, objectionable effluent, noise of congregation of people, particularly at night, passenger traffic, invasion of non-abutting street frontage by traffic.
(158) "Off-street parking lot" means a facility providing vehicular parking spaces along with adequate drives and aisles, for maneuvering, so as to provide access for entrance and exit for the parking of more than three vehicles.
(159) "Offices" means quasi-commercial uses which may often be transitional between retail business and/or manufacturing and residential uses. Office business generally accommodates such occupations as administrative, professional, accounting, clerical, drafting, etc. Institutional offices of a charitable, philanthropic, financial or religious or educational nature are also included in this classification.
(160) "Open front store" means a business establishment so developed that service to the patron may be extended beyond the walls of the structure, not requiring the patron to enter the structure. The term "Open Front Store" shall not include automobile repair stations or automobile service stations.
(161) "Open spaces" means an area substantially open to the sky which may be on the same lot with a building. The area may include, along with the natural environmental features, water areas, swimming pools, and tennis courts, any other recreational facilities that the Planning Commission deems permissive. Streets, parking areas, structures for habitation, and the like shall not be included.
(162) "Overlay District" means a district described by the zoning map within which, through superimposition of a special designation, furthermore regulations and requirements apply in addition to those of the underlying districts to which such designation is added.
(163) "Out lot" means a lot included within the boundary of a recorded plot which has been set aside as a park or other land dedicated to public use or reserved to private use.
(164) "Owner" means any individual, firm, association, syndicate, co-partnership, corporation, trust or other legal entity having sufficient proprietary interest in the land sought to be subdivided to commence and maintain proceedings to subdivide the same under these Regulations.
(165) "Pad" means a building site prepared by artificial means, including grading, excavation or filling, or any combination thereof.
(166) Parking.
A. "Private parking area" means an open area for the same uses as a private garage.
B. "'Public parking area" means an open area, other than a street or other public way, used for the parking of automobiles and available to the public whether for a fee, free or as an accommodation for clients or customers.
(167) "Parking space" means a permanently surfaced area of not less than 160 square feet, either within a structure or in the open, exclusive of driveways or access drives, for the parking of a motor vehicle.
(168) "Parking space, off-street" means for the purpose of this ordinance, an off-street parking space shall consist of an area adequate for parking an automobile with room for opening doors on both sides, together with properly related access to a public street or alley and maneuvering room, but shall be located totally outside of any street or alley right-of-way.
(169) "Performance and maintenance bonds or other surety" means an agreement by a subdivider or developer with the City for the amount of the estimated construction cost guaranteeing the completion of physical improvements according to plans and specifications within the time prescribed by the subdividers agreement and the maintenance between time of completion by developer and formal acceptance of dedication by Council or County Commissioners. Other surety may be a certified check or an approved letter of credit.
(170) "Personal services" means any enterprise conducted for gain which primarily offers services to the general public such as shoe repair, watch and clock repair, barber shops, beauty shops and similar activities.
(171) "Planned unit development" means a large-scale development, in which a variety of housing types and/or related commercial and industrial facilities are accommodated in a pre- planned environment under more flexible standard restrictions such as lot sizes and setback. The procedure for approval of such development contains requirements in addition to those of the standard subdivision. This procedure is specified in Chapter 1199.
A. "Plan" means the drawing on which the applicant's proposal for Planned Unit Development is presented to the City Planning Commission for approval and a recommendation to Council for final approval. This is not to be construed as the same as a "plat" as defined in the City's Subdivision Regulation.
B. "Preliminary development plan" means the preliminary plan drawing and supplementary information as required in Section 1199.08(b) on which the layout and design of a proposed Planned Unit Development is submitted to the City Planning Commission for consideration and approval in principle. This is not to be construed as the same as a "Preliminary Plat" as defined herein.
C. "Final development plan" means the final plan drawing and supplementary information as required in Section 1199.08(g) on which the applicant's plan is presented to the City Planning Commission for a recommendation to City Council for final approval. This is not to be construed as the same as a "final plat" as defined in the City's Subdivision Regulations.
(172) "Planned shopping center" means a single development consisting of 100,000 square feet or more of retail floor space.
(173) "Planning Commission" means the Planning Commission of Bellefontaine, Ohio.
(174) "Plat" means the map, drawing or chart on which the developer's plan of subdivision is presented to the City Planning Commission for approval and, after such approval, to the County Recorder for recording.
(175) "Plat, final" means the final map, drawing or chart, and supplementary information, based upon the approved preliminary plat, in which the subdivider's plan is presented to the City Planning Commission for approval and which, if approved, will be certified and submitted to the Recorder of Logan County.
(176) "Plat, preliminary" means the preliminary map, drawing or chart, and supplementary information on which the layout and design of a proposed subdivision are submitted to the City Planning Commission for consideration and tentative approval.
(177) "Printing and publishing" means any business which is engaged in the printing and/or publishing of newspapers, magazines, brochures, business cards and similar activities either for profit or non-profit.
(178) "Professional services" means any business engaged in an activity which does not include retail sales, repair or manufacturing and is normally conducted in an office. Such services may include an attorney, a doctor, a dentist, an accountant, a consultant and a designer.
(179) "Public service facility" means the erection, construction, alteration, operation or maintenance of buildings, power plants, or substations, water treatment plants or pumping stations, sewage disposal or pumping plants and other similar public service structures by a public utility, by a railroad, whether publicly or privately owned, or by a municipal or other governmental agency, including the furnishing of electrical, gas, rail transport, communication, public water and sewage services.
(180) "Public Uses' means public parks, schools, administrative and cultural buildings and structures, not include public land or buildings devoted solely to the storage and maintenance of equipment and materials and public service facilities.
(181) "Public utility" means a person, firm or corporation, municipal . department, board or commission duly authorized to furnish under Federal, State or Municipal regulations to the public gas, steam, electricity, sewage disposal, communication, telegraph, transportation, water, or storm sewer.
(182) "Public way" means an alley, avenue, boulevard, bridge, channel, ditch, easement, expressway, freeway, highway, land, parkway right-of-way, road, sidewalk, street, subway, tunnel viaduct, walk, bicycle path; or other ways in which the general public or a public entity have a right, or which are dedicated, whether improved or not.
(183) "Quasi-public use" means churches, Sunday schools, parochial schools, colleges, hospitals, and other facilities of an educational, religious, charitable, philanthropic, or non-profit nature.
(184) "Recreation camp" means an area of land on which two or more travel trailers, campers, tents or other similar temporary recreational structures are regularly accommodated with or without charge, including any building, structure or fixture of equipment that is used or intended to be used in connection with providing such accommodations.
(185) "Recreation facilities" means public or private facilities that may be classified as either "extensive" or "intensive" depending upon scope of services offered and the extent of use. Extensive facilities generally require and utilize considerable areas of land include, but need not be limited to hunting, fishing, and riding clubs and parks. Intensive facilities generally require less land (used more intensively) and include, but need not be limited to, miniature golf courses, amusement parks, stadiums and bowling alleys.
(186) "Recreational vehicle" means a vehicle type unit primarily designed as temporary living quarters for recreational, camping, or travel use only, which either has its own motive power or is mounted on or drawn by another vehicle. The basic entities are: travel trailer, camping trailer, truck camper, and motor home.
(187) "Recreational vehicle park" means a parcel of land upon which two or more recreational vehicle sites are located, established, or maintained for occupancy by recreational vehicles of the general public as temporary living quarters for recreation or vacation purposes.
(188) "Recreational vehicle site" means a plot of ground within a recreational vehicle park intended for the accommodation of either a recreational vehicle, tent, or other individual camping unit on a temporary basis.
(189) "Research activities" means research, development, and testing related to such fields as chemical, pharmaceutical, medical, electrical, transportation, and engineering. All research, testing, and development shall be carried on within entirely enclosed buildings, and no noise, smoke, glare, vibration or odor shall be detected outside of said building.
(190) "Residential social service facility" means a facility cr home whose primary purpose is to provide supervised room, board, and care in a residential setting to three or more residents thereof whose disabilities or status limit their ability to live independently, and secondarily for training, rehabilitation, and non-clinical services. These residents may be mentally retarded, released from State institutions, juvenile offenders, drug or alcoholic offenders, or wards of the court or welfare system. Such a facility excludes use as a clinic, nursery school, dormitory, or other similar use. Such facilities may include:
A. "Family home" means a " residential social service facility", licensed under Ohio R. C. 5123.19, that provides room and board, personal care, habilitation services, and supervision in a family setting for not more than eight persons with developmental disabilities.
B. "Group home" means a "residential social service facility", licensed under Ohio R. C. 5123.19, that provides room and board, personal care, habilitation services, and supervision in a family setting for at least nine, but not more than sixteen persons with developmental disabilities.
(191) "Right of way" means the strip of land taken or dedicated for use as a public way. In addition to the roadway it normally incorporates the curbs, lawn strips, sidewalks, lighting and drainage facilities and may include special features (required by the topography or treatment) as grade separation, landscaped areas, viaducts and bridges.
(192) "Roadside stand" means a temporary structure designed or used for the display or sale of agricultural products produced on the premises upon which such a stand is located.
(193) "Roadway" means that portion of a highway, including shoulders, for vehicular use. A divided highway has two or more roadways.
(194) "Room", for the purpose of determining lot area requirements and density in a multiple-family district, means a living room, dining room or bedroom, equal to at least seventy square feet in area. A room shall not include the area in kitchen, sanitary facilities, utility provisions, corridors, hallways and storage. Plans present showing l, 2 or 3 bedroom units and including a "den", "library" or other extra room shall count such extra rooms as a bedroom for the purpose of computing density.
(195) "Sanitary landfill" means a land disposal site employing a method of disposing of solid wastes on land in a manner intended to minimize environmental hazards by spreading the solid wastes in thin layers, compacting the solid wastes to the smallest practical volume, and applying and compacting cover material daily.
(196) "Satellite signal receiver" means "dish-type satellite signal-receiving antennas", "Earth stations" or "ground stations", whether functioning as part of a basic service system, direct broadcast satellite system, or multipoint distribution service system, shall mean one, or a combination of two or more of the following:
A. A signal-receiving device such as a dish antenna whose purpose is to receive communications or signals from Earth-orbiting satellites or similar sources.
B. A low-noise amplifier (LNA) whose purpose is to boost, magnify, store, transfer or transmit signals.
C. A coaxial cable whose purpose is to convey or transmit signals to a receiver.
(197) "School" means an institution of learning which offers instruction in the several branches of learning. The school may be public or private in nature as established under the statutes of the State of Ohio.
(198) "Seat" means for purposes of determining the number of off-street parking spaces for certain uses, the number of seats is the number of seating units installed or indicated, or each twenty-four lineal inches of benches, pews or space for loose chairs.
(199) "Setback" means a line established by the Zoning Code generally parallel with and measured from the front lot line, defining the limits of a front yard in which no building or structure may be located above ground, except as may be provided in such codes.
(200) "Sewers, central or group" means an approved sewage disposal system which provides a collection network and disposal system and central sewage treatment facility for a single development, community or region.
(201) "Sewers, on-site" means a septic tank or similar installation on an individual lot which utilizes an aerobic bacteriological process or equally satisfactory process for the elimination of sewage and provides for the proper and safe disposal of the effluent, subject to the approval of health and sanitation officials having jurisdiction.
(202) "Shoulder" means the portion of the roadway continuous with the traveled way for the accommodations of stopped vehicles, for emergency use, and for lateral support of base and surface courses.
(203) "Sidewalk" means that portion of the road right of way, outside the roadway, which is improved for the use of pedestrian traffic.
(204) "Signs" mean any visual communication display, object, device, graphic, structure, or part, situated indoors or outdoors, or attached to, painted on, or displayed from a building or structure, in order to direct or attract attention to, or to announce or promote, an object, person, service, product, event, location, organization or the like, by means of letters, words, designs, colors, symbols, fixtures, images or illuminations.
(205) "Sign area" means the total exposed surface computed in square feet of the sign.
(206) "Sign, accessory" means a sign which is accessory to the principal use of the premises.
(207) "Sign, nonaccessory" means a sign which is not accessory to the principal use of the premises.
(208) "Sign, on-premises" means any sign related to a business or profession conducted, or a commodity or service sold or offered upon the premises where such sign is located.
(209) "Sign, off-premises" means any sign not related to the business or profession conducted, or to a commodity or service sold or offered upon the premises where such sign is displayed.
(210) "Sign, illuminated" means any sign illuminated by electricity, gas, or other artificial light including reflecting or phosphorescent light.
(211) "Sign, lighting device" means any light; string of lights, or group of lights located or arranged so as to cast illumination on a sign.
(212) "Sign, projecting" means any sign which projects from the exterior of a building.
(213) "Solid wastes" means such unwanted residual solid or semisolid material as results from industrial, commercial, agricultural, and community operations, excluding earth or material from construction, mining or demolition operations, and slag and other substances which are not harmful or inimical to public health, and includes, but is not limited to, garbage, combustible and non- combustible material, street dirt, and debris. For purposes of this definition, "material from construction operations" and "material from demolition operators" are those items affixed to the structure being constructed or demolished, such as brick, stone, glass, wallboard, framing and finishing lumber, roofing materials, plumbing, plumbing fixtures, wiring and insulation material.
(219) "Special District" means a zoning district created to meet the needs of an area experiencing unusual problems, or one that is designed to meet special needs.
(215) "Stable, public" means a stable other than a private stable with a capacity for more than two horses, and carried on within an unplatted tract of land of not less than forty acres.
(216) "Stable, private" means a stable or building for the keeping of horses for the noncommercial use of the residents of the principal use and shall not include the keeping of horses for other or for commercial boarding of horses.
(217) "Start of construction" means the date the building permit was issued, provided the actual start of construction, repair, reconstruction, placement, or other improvement was within 180 days of the permit date. The actual start means either the first placement of permanent construction of a structure on a site, such as the pouring of slab or footings, the installation of piles, the construction of columns, or any work beyond the stage of excavation; or the placement of a manufactured home on a foundation. Permanent construction does not include land preparation, such as clearing, grading and filling; nor does it include the installation of streets and/or walkways; nor does it include excavation for a basement, footings, piers, or foundations or the erection of temporary forms; nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure.
(218) "Stick-built" means a way of describing any structure built from boards of lumber and other building materials, in which a substantial amount of the required material and construction labor are brought together in final form at the foundation site.
(219) "Story" means that part of a building, except a mezzanine as defined herein, included between the surface of one floor and the surface of the next floor, or if there is no floor above, then the ceiling next above. A story thus defined shall not be counted as a story when more than fifty percent (50%), by cubic content, is below the height level of the adjoining ground (see Basement).
(220) "Story, half" means an uppermost story lying under a sloping roof having an area of at least 200 square feet with a clear height of seven feet six inches. For the purposes of the Zoning Ordinance, the usable floor area is only that area having at least four feet clear height between floor and ceiling.
(221) "Story, first" means the lowest story or the ground story of any building, the floor of which is not more than twelve inches below the average contact ground level at the exterior walls of the building; except that any basement or cellar used for residence purposes, other than for a janitor or caretaker or his family, shall be deemed the first story.
(222) "Story, mezzanine" means a story which covers one- third or less of the area of the story directly underneath it. A mezzanine story shall be deemed a full story in case it covers more than one-third cf the area of the story directly underneath the mezzanine story.
(223) "Street" means the full width of right-of-way between property lines, with a part thereof to be used for vehicular traffic and designated as follows:
A. "Arterial street" means a general term denoting a highway primarily for through traffic, carrying heavy loads and large volume of traffic usually on a continuous route.
B. "Collector street" means a thoroughfare, whether within a residential, industrial, commercial, or other type of development, which primarily carries traffic from local streets to arterial streets, including the principal entrance and circulation routes within residential subdivisions.
C. "Cul-de-sac" means a local street of relatively short length with one end open to traffic and the other end terminating in a vehicular turnaround.
D. "Dead-end street" means a street temporarily having only one outlet for vehicular traffic and intended to be extended or continued in the future.
E. "Expressway" means a divided arterial highway (not a freeway) for through traffic with full or partial control of access, medians, at grade intersections, and some grade separation.
F. "Freeway" means a divided multi-lane highway for through traffic with all crossroads separated in grade and with full control of access.
G. "Local street" means a street primarily for providing access to residential or other abutting property.
H. "Loop street" means a type of local street, each end of which terminates at an intersection with the same arterial or collector street, and whose principal radius points of the 180 degree system of turns are not more than 1,000 feet from said arterial or collector street, nor normally more than 600 feet from each other.
I. "Marginal access street" means a local or collector street, parallel and adjacent to an arterial or collector street, providing access to abutting properties and protection from arterial or collector streets. (Also called Frontage Street).
The term "street" includes avenue, drive, circle, road, parkway, boulevard, highway, thoroughfare, or any other similar term.
(224) "Structure" means anything constructed, the use of which requires permanent location on the ground or attachment to something having a permanent location on the ground.
(225) "Structural alteration" means any change in the structural members of a building, such as walls, columns, beams or girders.
(226) "Subdivider" means any individual, developer, firm, association, syndicate, co- partnership, corporation, trust or other legal entity commencing proceedings under these Regulations to effect a subdivision of land hereunder for himself or for another.
(227) "Subdivision" means either:
A. The division of any parcel of land shown as a unit or as contiguous units on the last preceding tax roll, into two or more parcels, sites or lots, any one of which is less than five acres, for the purposes, whether immediate or future, of transfer of ownership, provided, however, that the division or partition of land into parcels of more than five acres not involving any new streets or easements of access and the sale or exchange or parcels between adjoining lot owners, where such sale or exchange does not create additional building sites shall be exempted; or,
B. The improvement of one or more parcels of land for residential commercial or industrial structures or groups of structures involving the division or allocation of land for the opening, widening or extension of any street or streets, except private streets serving industrial structures; and/or the division or allocation of land as open spaces for common use by owners, occupants or leaseholders or the division or allocation of land as easements for the extension and maintenance of public sewer, water or storm drainage facilities or other public facilities.
(228) "Substantial improvement" means any repair, reconstruction, or improvement of a structure, the cost of which equals or exceeds fifty percent (50%) of the appraised market value of the structure either before the improvement or repair is started, or if the structure has been damaged and is being restored, before the damage occurred. For the purposes of this definition "substantial improvement" is considered to occur when the first alteration of any wall, ceiling, floor, or other structural part of the building commences, whether or not that alteration affects the external dimensions of the structure. The term does not, however, include either any project for improvement of a structure to comply with existing state or local health, sanitary, or safety code specifications which are solely necessary to assure safe living conditions, or any alteration of a structure listed on the National Register of Historic Places or a State Inventory of Historic Places.
(229) "Supply yards" means a commercial establishment storing and offering for sale building supplies, steel supplies, coal, heavy equipment, feed and grain, and similar goods.
(230) "Surveyor" means any person registered to practice surveying as defined by the Surveyor's Registration Act of the State.
(231) "Swimming pool" means a pool, pond, lake, or open tank containing at least thirty inches of water at any point and maintained by the owner or manager.
A. "Private swimming pool": Exclusively used without paying an additional charge for admission by the residents and guests of a single household, a multifamily development, or a community, the members and guests of a club, or the patrons of a motel or hotel; an accessory use.
B. "Community swimming pool": Operated with a charge for admission; a primary use.
(232) "Temporary use or building"means a use or building permitted by the Board of Appeals to exist during periods of construction of the rain building or use, or for special events.
(233) "Tourist home" means a building or part thereof, other than hotel, boarding house, lodging house or motel, where lodging is provided by a resident family in its home for compensation, mainly for transients (i.e., bed and breakfast).
(234) "Toxic or hazardous material" means any substance or mixture by physical characteristic such as flammability, corrosivity, toxicity, reactivity, or infectious characteristics as to pose, a significant or potential hazard to water supplies or human health if such substances were discharged to land or waters of the community or township.
(235) "Trailer including automobile trailer and trailer coach" means any vehicle or structure constructed in such a manner as to permit occupancy thereof as sleeping quarters or the conduct of any business, trade or occupation, or use as a selling or advertising device or use for storage or conveyance for tools, equipment, or machinery, and so designed that it is or may be mounted on wheels and used as a conveyance on highways and streets, propelled or drawn by its own or other motor power.
(236) "Trailer camp" means any lot or part thereof, cr any parce1 cf land, which is used or offered as a location for two or more trailers used for any purposes set forth in subsection (235) above.
(237) "Transport terminals" means any business, structure or premises which primarily receives or distributes goods.
(238) "Use" means the principle purpose for which land or a building or structure is arranged, designed or intended or for which either land or a building or structure is, or may be, occupied or maintained.
(239) "Use first permitted in "X" District" means a use which in the sequence of successively less restricted districts occurs a permitted use for the first time in the "X" district.
(240) "Veterinary anima1 hospital or clinic" means a place used for the care, grooming, diagnosis, and treatment of sick, ailing, infirm, or injured animals, and those who are in need of medical or surgical attention, and may include overnight accommodations on the premises for the treatment, observation and/or recuperation. It may also include boarding that is incidental to the primary activity.
(241) "Vicinity map" means a drawing at a reduced scale located on the preliminary plat which shows legibly, by dimension and/or other means, enough area beyond the bounds of the proposed subdivision to locate and orient the subdivision within the City.
(242) "Wading pool" means any structure for the retention of water to be used for bathing and recreational purposes which does not exceed thirty inches in depth.
(243) "Walkway" means a public way, four feet or more in width, for pedestrian use only, whether along the side of a road or not.
(244) "Watershed" means the drainage basin in which the subdivision drains or that land whose drainage is affected by the subdivision.
(245) "Wholesale and warehouse" means business establishments that generally store and sell commodities in large quantities or by the price to retailers, jobbers, other wholesale establishments or manufacturing establishments.
(246) "Yard" means a required open space other than a court unoccupied and unobstructed by any structure or portion of a structure from three feet above the general ground level of the graded lot upward; provided, accessories, ornaments, and furniture may be permitted in any yard, subject to height limitations and requirements limiting obstruction of visibility. See Section 1103.03(f) for more detail.
A. "Yard, front" means a yard extending between side lot lines across the front of a lot and from the front lot line to the front of the principal building.
B. "Yard, rear" means a yard extending between side lot lines across the rear of a lot and from the rear lot line to the rear of the principal building.
C. "Yard, side" means a yard extending from the principal building to the side lot line on both sides of the principal building between the lines establishing the front and rear yards.
(247) "Zero lot line development" means an arrangement of housing on adjoining lots in which the required side yard is reduced on one side and increased on the other so that the sum of the offsets on any lot is no less than the sum of the required offsets. No building or structure shall be closer to a lot line than five feet unless it abuts the lot line and is provided with an access easement of five feet on the adjoining lot or abuts a building or structure on the adjoining lot. The offset adjacent to property not included in the zero lot line development or a street shall not be less than that required in the zoning district.
(248) " Zoning exception and variance.
A. Exception: An exception is a use permitted only after review of an application by the Board of Appeals or Commission other than the Administrative Official (Building Inspector), such review being necessary because the provisions of the Zoning Ordinance covering conditions, precedent or subsequent, are not precise enough to all applications without interpretation, and such review is required by the Zoning Ordinance.
B. Variance: A modification of the literal provisions of the Zoning Ordinance granted when strict enforcement of the Zoning Ordinance would cause undue hardship owing to circumstances unique to the individual property on which the variance is granted.
The crucial points of variance are undue hardship and unique circumstances applying to the property. A variance is not justified unless both elements are present in the case.
C. The "Exception" differs from the "Variance" in several respects. An exception does not require "undue hardship" in order to be allowable. The exceptions that are found in the Zoning Ordinance appear as "special approval" by Planning Commission, Council, or Board of Appeals. These land uses could not be conveniently allocated to one zone or another, or the affects of such uses could not be definitely foreseen as of a given time. The general characteristics of these uses include one or more of the following:
1. They require large areas;
2. They are infrequent;
3. The sometimes create an unusual amount of traffic;
4. They are sometimes obnoxious or hazardous;
5. They are required for public safety and convenience.
(249) "Zoning Inspector" means the City Engineer or an authorized representative, appointed as such by the Mayor.
(250) "Zoning Map" means the most recent effective Zoning Map of the City cf Bellefontaine, together with all amendments subsequently adopted.
(252) "Zoning Certificate" means a document issued by the Zoning Inspector authorizing the occupancy or use of a building or structure or the actual use of lots or land in accordance with the previously issued Zoning Permit.
(253) "Zoning Permit" means a documented issued by the zoning inspector authorizing the use of lots, structures, and the characteristics of the uses.