For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ACCESSORY BUILDINGS. A building located on property under common ownership with the principle building which is secondary in importance to the main building, including but not limited to detached garages, storage buildings, barns, shelters and decorative structures.
ACCESSORY USE. Any activities which are incidental, subordinate and customarily carried on in addition to the primary use of the premises. In residential districts this shall include activities which are in the nature of a hobby or recreation and not carried on with the intent to make a profit for the land occupant. It shall also include activities related to the occupant's employment off premises that are occasionally carried on in the premises. The parking of any commercial tractor, commercial truck or semi-trailer in any residential or business district shall not be considered an ACCESSORY USE. Those activities shall not be deemed a home occupation. ACCESSORY USE does not include satellite television reception equipment, electricity producing windmills or amateur radio antennae. ACCESSORY USES shall also include:
(1) Off-street loading and parking facilities and the storage of goods used, produced, or offered for sale which shall be accessory uses in business, warehouse or industrial districts only and subject to all regulations of the district where located.
(2) Garage or other casual sales or personal property shall be considered an accessory use so long as they are limited to two times a year and for no longer than three days each time. The advertising restrictions contained in this section shall not apply to those sales. See § 155.295.
(3) The storage of licensed motor vehicles or the parking of not more than one trailer, recreational vehicle, bus or boat owned by residents of the premises only. Storage of any such items for non-residents of the premises whether or not a fee is charged, shall not be deemed as accessory use. All such items shall be stored no closer to the street than the minimum front yard setback requirements of the district.
(4) Accessory use shall include the keeping of dogs (family, hunting), cats, or other domesticated pets, but shall not allow the keeping of exotic or dangerous animals such as, but not limited to, lions, tigers, leopards, panthers, cougars, bobcats, bears, wolves, foxes, apes, gorillas, poisonous or constrictor snakes, crocodiles, alligators or pit bull dogs.
(5) The sale of fruits or vegetables grown on the premises where sold.
(6) Any activity which is the subject of any advertising including, but not limited to newspaper, magazine, radio, television, poster, billboard, handbill, direct mailing, year book, telephone directory or other publications shall not be deemed to be an accessory use.
(7) No zoning permit shall be required to engage in an accessory use listed above.
AGRICULTURAL FAIR. A fair conducted and operated by an independent agricultural society in accordance with R.C. Chapter 1711 for a period of time not to exceed seven consecutive days per each calendar year.
AGRICULTURE. The use of land for farming purposes including dairying, pasturage, agriculture, floriculture, horticulture, viticulture, animal and poultry husbandry. Any processing of agriculture products shall be limited to that incidental, subordinate and customarily carried on at the agriculture stage of production but the processing of agriculture products beyond this point shall not be deemed to be an agriculture use.
ALLEY. Is a public right-of-way less than 21 feet in width usually affords a secondary means of access to abutting property and not intended for general traffic circulation.
ALTERATION. Any change, addition or rearrangement in construction or type of occupancy, or change in the structural parts of a building such as walls, windows, partitions, columns, girders, or the moving from one location or position to another.
APARTMENT. A room or suite of rooms in a multi-family dwelling designed and intended to be occupied as a residence by a single family.
(1) APARTMENT – STUDIO. An apartment consisting of one principal room along with a kitchen and bathroom.
(2) APARTMENT – ONE-BEDROOM. An apartment consisting of two principal rooms along with a kitchen and bathroom.
(3) APARTMENT – TWO-BEDROOM. An apartment consisting of three principal rooms along with a kitchen and bathroom.
(4) APARTMENT – THREE OR MORE BEDROOMS. An apartment consisting of four or more principal rooms along with a kitchen and bathroom.
ARTERIAL THOROUGHFARES. Church Street, Main Street, State Route 97.
BASEMENT. That portion of a building which is partially below and partially above ground level, and so located that the vertical distance from the grade to the floor below is greater than the vertical distance from the grade to the ceiling. If the ground adjacent to the building is not entirely level, the ground level shall be computed by determining the average elevation of the ground for each face of the building, and taking the average of the total averages.
BOARDING HOUSE. A dwelling where meals or lodging and meals are provided for compensation to two or more persons.
BUILDING. Any structure designed, built or occupied by human beings for any purpose which is permanently affixed to the land and has one or more floors and a roof. When a structure is separated by a fire wall, each such separated portion of the structure shall be deemed a separate building. A building shall not include such structures as billboards, fences, radio towers, or structures such as water towers, tanks, grain elevators or similar structures with interior spaces not ordinarily accessible for human habitation or commercial activities.
BUILDING HEIGHT. The vertical distance measured from the established grade to the highest point of the roof surface for flat roofs; to the deck line of a mansard roof; and to the average height between eaves and the ridge line of a gable, hip, or gambrel roof. Where a building is located on sloping terrain or the side of a hill, the height may be measured from the average elevation of the finished grade at the building wall.
BUILDING LINE. A line defining the minimum front, side or rear yard requirements.
BUILDING, PRINCIPAL. The building housing the principal activity performed on a lot.
BUSINESS OR TRADE SCHOOLS. Privately owned instructional institutions which teach specialized skills designed to enhance employment opportunities.
CHURCH, SYNAGOGUES or TEMPLE. A building or group of buildings controlled by a religious body organized to sustain public worship where persons regularly assemble primarily for religious worship.
COLLECTOR THOROUGHFARE. Hines Street.
COMMERCIAL TRACTOR. Any motor vehicle having motive power designed or used for drawing other motor vehicles, or designed or used for drawing another motor vehicle while carrying a portion of such other motor vehicle or its load, or both.
COMMERCIAL TRUCK. Any motor vehicle designed by the manufacturer to carry a load exceeding three tons.
CONVALESCENT HOME. A residential facility which provides therapy and rehabilitative services to persons recovering from illness or injury.
DAY CARE CENTER. A facility licensed by the State of Ohio that houses and cares for children unaccompanied by their parents or guardians during daylight hours.
DEVELOPMENT. Is the construction of a new building or other structure on a lot, relocation of an existing building on another lot, or the use of open land for a new use.
DRIVE-IN. A business establishment so developed that its retail or service character is dependent on providing a driveway approach and parking spaces for motor vehicles so as to serve patrons while in the motor vehicle rather than within a building or structure.
DRIVE THRU/CARRYOUT. A business or establishment so developed that its retail or service character is dependent on providing a driveway approach and the temporary stopping of motor vehicle inside a building so as to serve patrons in the motor vehicle.
DRIVEWAY. An area of a lot intended to be used by motor vehicles to travel over the lot to or from a public street.
DWELLING. A building or portion thereof, designed for occupancy for residential purposes and having cooking and sanitary facilities.
DWELLING UNIT. A building designed or used as the living quarters for one or more families. “Dwelling,” “single-family dwelling,” “two-family dwelling,” or “multiple-family dwelling” shall not be deemed to include motel, hotel, or rooming house. A DWELLING may include a permanently sited manufactured home provided it meets all of the following requirements:
(1) The manufactured home is affixed to a permanent foundation and connected to storm sewer, sanitary sewer and the village water system.
(2) The manufactured home, excluding any addition, shall have a width of at least 22 feet at one point and a length of at least 22 feet at one point. The total living area of the manufactured home, excluding garages, porches, or attachments, must be at least equal to or greater than any minimum dwelling size applicable within the applicable zoning district.
(3) The manufactured home shall have a minimum 3:12 residential roof pitch, conventional residential siding, and a six-inch minimum eave overhang, including appropriate guttering.
(4) The manufactured home was manufactured after January 1, 1995.
(5) (a) The structure is not located in a manufactured home park.
(b) A permanently sited manufactured home shall not be considered a manufactured home for the purposes of the zoning chapter.
ERECTED. Built, constructed, altered, moved upon, reconstructed, or any physical operations on the premises including excavation, fill, drainage, and the like.
ESSENTIAL SERVICES. The erection, construction, alteration, or maintenance by public utilities or municipal departments, or commissions, of underground or overhead gas, electrical, steam, or water transmission or distribution systems, collection, communications, supply or disposal systems, including poles, wires, mains, drains, sewer and water pipes, conduit, cables, fire alarm boxes, traffic signals, hydrants and other similar equipment and accessories in connection therewith, but not including buildings for the furnishing of adequate service by the public utilities or municipal departments of commissions, or for the public health or safety or general welfare.
EXCAVATION. Any breaking of ground except agriculture, gardening or ground care.
FAMILY. One or more persons living together as a single housekeeping unit and related by blood, marriage or adoption.
FENCE. A structure designed or intended to enclose or screen.
FIREWOOD, WOODSTACKS, etc. Any wood, woodstack, or other combustible material which is intended to be used for burning purposes in any fireplace, stove, boiler, furnace or similar apparatus.
FLOOR AREA – MINIMUM. For the purpose of computing the minimum allowable floor area per dwelling unit, the sum of the horizontal areas of each store 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 devoted to basements, unfinished attics, attached garages, breezeways, and enclosed or unenclosed porches.
FLOOR AREA – USABLE or OPEN TO THE PUBLIC. Is that area used for or intended to be used for the sale of merchandise or services, or for use to serve patrons, clients, or customers. Measurement of USABLE FLOOR AREA shall be the sum of the horizontal areas of the several floors of the buildings measured from the interior faces of the exterior walls. The floor area which is used or intended to be used principally for the storage or processing of merchandise, hallways, or for utilities or sanitary facilities, shall be excluded.
FRATERNAL, SOCIAL, SERVICE or VETERANS ORGANIZATIONS. A private club organized around a common interest or goal which is jointly supported, meets periodically and providing recreational activities and/or meals for members and guests.
FRATERNITY or SORORITY HOUSE. A residential facility occupied by a number of persons unrelated by blood, marriage or adoption who maintain a common bond of purpose or interest whether or not formally expressed.
GARAGE. An accessory building or portion of a main building designed and intended primarily for the storage of vehicles or boats owned or used by the occupants of the building, but may also be used incidentally for the storage of other personal property.
GARAGE, SERVICE REPAIR. A place where the following services may be carried out: general repair, engine rebuilding, sale of engine fuels, rebuilding or reconditioning of motor vehicles, collision service, such as body, frame, or fender straightening and repair; overall painting and undercoating of automobiles.
GROUND LEVEL. The elevation established for the purpose of regulating the number of stores and the height of a building. The GROUND LEVEL shall be the level of the ground adjacent to the walls of the building if finished ground is level. If the ground is not entirely level, the GROUND LEVEL shall be determined by computing the average elevation of the ground for each face of the building, and taking the average of the total averages.
HOME OCCUPATION. A HOME OCCUPATION shall be allowed as a conditionally permitted use in any Residential District provided it meets the following criteria:
(1) No person other than members of the family residing on the premises shall be engaged in the occupation;
(2) The use of the dwelling unit for the home occupation shall be clearly incidental and subordinate to its use for residential purposes by its occupants, and not more than 25% of the floor area of the dwelling unit shall be used in the conduct of the home occupation; in addition any attached garage may also be used provided the use does not preclude the storage therein of motor vehicles for which it was designed;
(3) There shall be no change in the outside appearance of the building or premises, or other visible evidence of the conduct of the home occupation;
(4) No home occupation shall be conducted in any accessory building;
(5) No additional traffic shall be generated by the home occupation in greater volumes than would normally be expected for that residential neighborhood; and
(6) No equipment or process shall be used in the home occupation which creates noise, vibration, glare, fumes, odors or electrical interference detectable to the normal senses off the lot, if the occupation is conducted in a single-family residence, or outside the dwelling unit if conducted in other than a single-family residence. In the case of electrical interference, no equipment or process shall be used which creates visual or audible interference in any radio or television receivers off the premises, or causes fluctuations in line voltage off the premises.
(7) No signs will be permitted.
HOUSE TRAILER. A building unit or assembly of closed construction that is fabricated in an off-site facility, is more than 35 body feet in length or, when erected on site, is 320 square feet or more, is built on a permanent chassis foundation, is transportable in one or more sections, and does not qualify as a manufactured home as defined in division R.C. § 3781.06(C)(4) or as an industrialized unit as defined in R.C. § 3781.06(C)(3).
HOTEL or MOTEL. Every establishment kept, used to held out to the public to offer sleeping accommodations to transient guests for compensation.
INDUSTRIALIZED UNIT. INDUSTRIALIZED UNIT means a building unit or assembly of closed construction fabricated in an off-site facility that is substantially self-sufficient as a unit or as part of a greater structure and that requires transportation to the site or intended use. INDUSTRIALIZED UNIT includes units installed on the site as independent units, as part of a group of units, or incorporated with standard construction methods to form a completed structural entity. An INDUSTRIALIZED UNIT does not include a manufactured home or mobile home as defined herein.
JUNK. Scrap metals and wood of all types, bones, rags, used bottles or cans or paper packaging, old or used machinery, tools, equipment, appliances, motor vehicles or parts thereof, used construction materials and any and all manufactured goods which are so worn, deteriorated or obsolete so as to make them unusable in their present condition, but which may be subject to salvage or remanufacture. The definition of JUNK MOTOR VEHICLE shall have the same meaning as SALVAGE MOTOR VEHICLE as provided by R.C. § 4738.01(B) and shall apply herein.
JUNKYARD. Any premises where junk is bought, sold, exchanged, baled, packed, disassembled, stored or handled.
KENNEL, COMMERCIAL. Any lot or premises on which three or more dogs, cats or other household pets are either permanently or temporarily boarded. KENNEL shall also include any lot or premises where household pets are bred and sold.
LOADING SPACE. Is an off-street space or berth outside the street right-of-way line on the same lot with a building or group of buildings, for the temporary parking of a vehicle while loading or unloading merchandise or materials.
LOCAL STREETS. All other public streets in the village not specified as arterial thoroughfares or collector streets.
LOT. A parcel or parcels of land under common ownership occupied or intended to be occupied by one or more buildings and the accessory buildings together with the setback areas as are required by the chapter. A LOT may or may not be specifically designated as a separate parcel by the county auditor.
(1) LOT AREA. The total horizontal area within the lot lines of the lot.
(2) LOT, CORNER. A lot at the point of intersection of and abutting on two or more intersecting streets.
(3) LOT DEPTH. The horizontal distance between the street right- of-way line and rear lot lines measured along the median between the side lot lines. Where the right-of-way depth is not established it shall be assumed to be 60 feet.
(4) LOT INTERIOR. A lot other than a corner lot.
(5) LOT LINES. The lines defining the limits of a lot as described below:
(a) FRONT LOT LINE. In the case of an interior lot, is that line separating the lot from the street. In the case of a corner lot, or double frontage lot, is that line separating said lot from either street.
(b) SIDE LOT LINE. Any lot line other than the front or rear lot line.
(c) REAR LOT LINE. The 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.
(6) LOT WIDTH. The horizontal distance measured between the side lot lines, and along the minimum building setback line.
MANUFACTURED HOME. A building unit or assembly of closed construction that is fabricated in an off-site facility and constructed in conformance with the federal construction and safety standards established by the Secretary of Housing and Urban Development pursuant to the Manufactured Housing Construction and Safety Standards Act of 1974, and that has a permanent label or tag affixed to it certifying compliance with all applicable federal construction and safety standards.
MASTER PLAN. The comprehensive plan including graphic and written proposals indicating the general location for streets, parks, schools, public buildings and private land use development of the village, including any part of the plan or changes thereto.
MERCHANDISE. All tangible personal property offered for sale, rental, or lease.
MINIMUM BUILDING SETBACK LINE. An imaginary line across a property parallel to the public street on which the property is located at a point equal to the minimum front yard setback requirement of that district.
MINIMUM LIVING FLOOR AREA. For the purposes 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 center line of walls separating two buildings. The floor area measurement is exclusive of areas devoted to basements, unfinished attics, attached garages, breezeways, and enclosed and unenclosed porches.
NIGHTCLUB. A tavern which either provides live entertainment or permits dancing by patrons.
NON-CONFORMING BUILDING. A building lawfully existing at the time of the enactment of the ordinance codified herein and which does not conform to the area and height regulations of the district in which it is located.
NON-CONFORMING USE. A use lawfully existing at the time of the enactment of the ordinance codified herein, and which does not conform to the use provisions of the district in which it is located.
NURSERY. 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 this chapter does not include any space, building or structure used for the sale of fruits, vegetables, or Christmas trees.
NURSERY, DAY. A building, structure, place, or location, or any combination thereof, and other physical property therewith included, that shall be used for the purpose of housing and caring for children unaccompanied by parents during daylight hours.
NURSING HOME. A residential facility licensed by the State of Ohio which provides skilled nursing care to individuals who by reason of illness or physical or mental impairment require such care.
OBSCURING GREENBELT. Evergreen or similar plant material which obstructs the view.
OFF-STREET PARKING LOT. A facility providing vehicular parking spaces along with adequate drives and aisles, for maneuvering and providing access for entrance and exit so as to provide for the parking of more than two vehicles.
OPEN SPACE. Any part of a lot which is in its natural state, open and unobstructed except for natural vegetation.
PARKING SPACE. An area of definite length and width, exclusive of aisles and drives or entrances giving access thereto, and fully accessible for the temporary storage of motor vehicles.
PARABOLIC or DISH-TYPE ANTENNA. Any structure that is a concave, circular or dish-shaped device designed for receiving communications or television signals from a satellite or a ground station. The antenna shall be considered to be a conditionally permitted use.
PERMANENT FOUNDATION. A permanent masonry, concrete, or locally approved footing or foundation, to which an industrialized unit or manufactured home may be affixed.
PRIVATE. Use is limited to occupants or their guests.
PRIVATE SWIMMING OR TENNIS CLUB. Buildings and grounds owned by a nonprofit organization used for swimming or tennis for recreational purposes by members who are invited or elected to join with the use of the facilities restricted to members and their guests and not open to the general public.
PSYCHIATRIC. That branch of medicine which deals with mental, emotional or behavioral disorders.
PUBLIC UTILITY. Any person, firm, corporation, governmental agency or board or other entity other than the village authorized to furnish and furnishing under governmental regulations to the public, electricity, gas, steam, telephone, telegraph, cable television service, transportation, water or sewerage.
RECREATIONAL. The use of land for entertainment by active participation of patrons such as sporting events or games of skill.
RECREATIONAL VEHICLE. A vehicular portable structure designed to be used as a temporary dwelling for travel or recreation purposes and includes travel trailers, motor homes and truck campers.
REST HOME. A residential facility licensed by the State of Ohio which provides personal assistance for persons who are dependent upon the assistance of others by reason of age or physical or mental impairment but not requiring skilled nursing care.
RESTAURANT. A public eating establishment in which the primary function is the preparation and serving of food for consumption on or off the premises but is not licensed by the state to sell beer or intoxicating liquor.
RETAIL SALE. The transfer of title to personal property for the purpose of consumption or use as opposed to resale.
RETIREMENT CENTERS. A residential facility designed primarily for the elderly which may include a nursing home, rest home or individual apartment units in combination along with retail facilities and other accessory uses intended primarily to serve residents.
ROOMING HOUSE. A dwelling or part thereof where lodging is provided for compensation for four or fewer unrelated persons where no cooking or dining facilities are provided to those persons in individual rooms or elsewhere on the premises.
SEMITRAILER. Any vehicle of the trailer type without motive power so designed or used with another and separate motor vehicle that in operation a part of its own weight or that of its load, or both, rests upon and is carried by such other vehicle furnishing the motive power for propelling itself and the vehicle referred to in this division, and includes, for the purpose only of registration and taxation under the chapters, any vehicle of the dolly type, such as a trailer dolly, designed or used for the conversion of a semitrailer into a trailer.
STORY. That part of a building, included between the surface of one floor and the surface of the next floor above or if there is no floor above, then the ceiling next above.
STREET. A right-of-way which affords the principal means of access to abutting property and which has been dedicated or deeded to the public use and accepted by the village.
STRUCTURE. Anything constructed or erected which requires location on or below the ground, or attachment of something having a location on the ground. This includes, but is not limited to swimming pools, decks, fences, tennis courts and other personal recreational activities.
SWIMMING POOL.
(1) A SWIMMING POOL means any vessel of container which is capable of holding water exceeding two feet in depth at any point or greater than 200 square feet in surface area. It is to be used by the property owner or lessee thereof or his or her family and by friends invited to use it without payment of any fee.
(2) PORTABLE SWIMMING POOL means any vessel or container no capable of holding water more than two feet in depth. It shall be considered to be a conforming use within any residential district and no zoning permit is required.
TAVERN. An establishment open to the public which sells food and is licensed to sell beer or intoxicating liquor by the State of Ohio but does not provide live entertainment or permit dancing by patrons.
TEMPORARY USE OR BUILDING. A use of building permitted by the Planning Commission to exist during periods of construction of the principal building for use, or for special events.
TRAILER. Any non-selfpropelled vehicle originally designed or adapted to be pulled by a motor vehicle to provide its motive power, and designed, intended or used to carry or store goods including a vehicle originally designed or intended to be used on rails such as a box car, caboose or other railroad car.
USE. The principal purpose for which land, or a building is arranged, designed or intended, or for which land or a building is or may be occupied.
WAREHOUSE. A building used for the reception and storage of goods, materials and merchandise temporarily or for a length of time.
WHOLESALE SALE. The transfer of title to personal property for the purpose of resale.
YARDS. The open spaces on the same lot as the principal building, unoccupied and unobstructed from the ground upward except for natural vegetation and further defined as follows:
(1) FRONT YARD. An open space extending the full width of the lot, the depth of which is the minimum horizontal distance between the street right-of-way line and the nearest point of the principal building.
(2) SIDE YARD. An open space between the side lot line and the principal building, extending from the front yard to the rear yard, the width of which is the minimum horizontal distance from the nearest point on the side lot line to the nearest point of the principal building.
(3) REAR YARD. An open space extending the full width of the lot, the depth of which is the minimum horizontal distance between the rear lot line and the nearest point of the principal building.
(Ord. 87-27, § 115, passed 7-7-1987; Ord. 8-95, passed 4-3-1995; Ord. 20-99, passed 11-1-1999; Ord. 27-06, passed 7-17-2006; Ord. 09-4, passed 1-19-2009)