1125.02 DEFINITIONS.
   (1)    "Accessory use" means a use customarily incidental and subordinate to the principal use or principal building and located on the same lot as the principal use or building.
   (2)    "Agent" or "owner" means any person who can show written proof that he has authority to act for the property owner.
   (3)    "Alley" means a public thoroughfare which affords only a secondary means of access to abutting property.
   (4)    "Basement" means a story or that portion of a building having more than fifty percent (50%) of its story height above finished grade. A basement may be used as a dwelling unit.
   (5)    "Board" means the Board of Zoning Appeals of the City of Belpre established by the Zoning Ordinance.
   (6)    "Building" means any structure having a roof supported by posts, columns or walls used or intended to be used for the shelter or enclosure of persons, animals or property.
   (7)    "Building, accessory" means a supplemental building, the use of which is incidental to that of the main or principal building, and located on the same lot therewith.
   (8)    "Building group" means a complex of two or more buildings, whether detached or attached by common wall, occupying a lot or property in single ownership and having any yard, court, service or facility in common.
   (9)    "Building height" means the vertical distance measured from the mean level of the ground surrounding the building to a point midway between the highest and lowest point of the roof, but not including chimneys, spires, mechanical penthouses, towers, tanks and similar projections.
   (10)    “Building, principal” means a building in which is conducted the main or principal use of the lot on which such building is situated.
   (11)    "Cellar" means a story or that portion of a building having more than fifty percent (50%) of its story height below the average level of adjoining ground. No portion of any cellar shall be used as a dwelling or rooming unit.
   (12)    "City" means the City of Belpre.
   (13)    "Clinic" means any professional medical building or establishment where people are examined or treated by doctors or dentists, but are not hospitalized overnight.
   (14)    "Club", "lodge"and "fraternal organization" means an establishment operated for social, recreational or educational purposes, open only to members and their guests, and not the general public.
   (15)    "Commercial vehicle" means any vehicle other than a private passenger vehicle, including trucks, trailers and construction equipment.
   (16)    "Conditional use" means a special use or a special exception.
   (17)    "Council" means the Council of the City of Belpre.
   (18)    "Coverage" means that percentage of the lot or site area covered by principal and accessory use structures.
   (19)    "Density, net" means the area of a lot or group of lots computed, exclusive of any portion of the right of way of any street, divided by the number of dwelling units contained on the lot or group of lots.
   (20)    "District" or "zone" means any portion of the territory of the City within which certain uniform regulations and requirements or various combinations thereof apply under the provisions of the Zoning Ordinance.
   (21)    "Dwelling" means any structure or portion thereof arranged, designed or used exclusively as the residence or living quarters for one or more families, but not including hotels, motels, dormitories or rooming house.
   (22)    "Dwelling, single-family" means a detached building designed for and used exclusively for occupancy by one family.
   (23)    "Dwelling, two-family" means a building designed for and used exclusively for occupancy by two families living independently of each other, including a duplex (one dwelling unit above the other), or a double house (one dwelling unit beside the other).
   (24)    "Dwelling, multiple" means a building or portion thereof containing or designed to contain three or more separate dwelling units with or without common access facilities.
   (25)    "Dwelling unit" means one or more living and/or sleeping rooms together with exclusive cooking and sanitary facilities for one family.
   (26)    "Essential services" means the erection, construction, alteration or maintenance, by public utilities or municipal or other governmental agencies, of underground or overhead gas, electrical, communication, steam or water transmission or distribution systems, including poles, wires, mains, drains, sewers, pipes, conduits, cables, fire alarm boxes, police call boxes, traffic light signals, hydrants and other similar equipment and accessories in connection therewith; reasonably necessary for the furnishing of adequate service by such public utilities or municipal or the other governmental agencies or for the public health or safety or general welfare, but not including office buildings or maintenance depots.
   (27)    "Family" means an individual, or two or more persons related by blood or marriage, or a group of not more than five persons, excluding servants, who are not related by blood or marriage, living together as a single housekeeping unit in a dwelling unit.
   (28)    "Floor area" or "space". For the purposes of applying the requirements for off- street parking and loading, "floor area," in the case of offices, merchandising, or service types of uses, means the gross floor area used or intended to be used by tenants, or for service to the public as customers, patrons, clients or patients, including areas occupied by fixtures and equipment used for display or sale of merchandise. It shall not include areas used principally for nonpublic purposes such as storage, incidental repair, processing or packaging of merchandise, for shop windows, for offices incident to the management or maintenance of stores or buildings, for toilet or rest rooms, for utilities or for dressing rooms, fitting or alteration rooms.
   (29)    "Garage, private" means a detached accessory building or a portion of a principal building used only for the storage of automobiles by the families resident upon the premises; and provided that such garage shall not be used for storage of more than one commercial vehicle and such commercial vehicle shall not be larger than one ton rated capacity.
   (30)    "Garage, public" means a structure or portion thereof, other than a private garage, operated for gain and which is used for the storage, sale, hire, care, repair or refinishing of automobiles; not including a structure or part thereof used only for storage or display of automobiles for other than transients.
   (31)    "Home occupations" means any occupation or activity carried on by a member of the immediate family, residing on the premises, provided there is no commodity sold on the premises and no mechanical equipment is used of a type that is similar in character to that normally used for purely domestic or household purposes; and provided that no display will indicate from the exterior that the structure or land is being utilized in part for any purpose other than that of the dwelling.
   "Home occupation" includes the use of premises by a physician, surgeon, dentist, lawyer, clergyman or other professional person for consultation or emergency treatment but not for the general practice of his profession except as otherwise provided in the Zoning Ordinance.
   (32)    "Hotel" means a building designed for occupancy as the temporary residence of individuals or transients who are lodged with or without meals, and in which no provision is made for cooking in any individual room or suite.
   (33)    "Industrial services" means establishments providing primary service to industries such as machinery sales and repair, supply sales and warehousing, transportation services, restaurants serving industrial concerns and the like. "Industrial services" shall not include the sales, salvage or repair of passenger vehicles.
   (34)    "Lot" or "zone lot" means a piece or parcel of land occupied or intended to be occupied by a principal building or a group of such buildings and accessory buildings, or utilized for a principal use and uses accessory or incidental to the operation thereof, together with such open spaces as required by the Zoning Ordinance, and having frontage on a public street.
      A.    "Lot, corner" means a lot abutting upon two or more streets at their intersection or upon two parts of the same street, such streets or parts of the same street forming an interior angle of less than 135 degrees. The point of intersection of the street lot lines is the "corner".
      B.    "Lot, depth" means the mean horizontal distance between the front and the rear lot lines.
      C.    "Lot lines" means the property lines bounding the lot.
         1.    "Lot line, front" means the line separating the lot from a street.
         2.    "Lot line, rear" means the lot line opposite and most distant from the front lot line.
         3.    "Lot line, side" means any lot line other than a front or rear lot line; a side lot line separating a lot from a street is called a "side street lot line".
         4.    "Lot line, street or alley" means a lot line separating the lot from a street or alley.
      D.    "Lot, width" means the mean width of the lot measured at right angles to its depth.
      E.    "Lot area" means the computed area contained within the lot lines.
   (35)    "Lot of record" means any lot which, individually or as part of a subdivision, has been recorded in the office of the Recorder of Deeds of the County.
   (36)    "Manufacturing" means the processing, cleaning, servicing, testing, repair or storage of material, goods or products of these types: beverages, confections, cream, all food products (exclusive of meat and fish packing), ceramics, clothing, plastics, electrical goods, furniture, hardware, tools, dies, patterns, scientific instruments, jewelry, time pieces, optical goods, musical instruments, toys, cosmetics, tobacco products, drugs, and of products from the following previously prepared materials: wood, glass, textiles, cork, leather, bone, horn, shell, fur, feathers, hair, rubber, paper, metal; when conducted wholly within an enclosed structure.
   (37)    "Mobile home" or "house trailer" means any mobile vehicle used or designed to be used for living purposes, whether the wheels be attached or not. A "travel trailer", as defined herein, shall be considered a mobile home if occupied.
   (38)    "Motels", "motor courts" and "motor hotels" means a series of attached or semiattached dwelling structures where each unit has convenient access to parking space for the use of the units' occupants. The units, with the exception of the manager's office or caretaker's unit, are designed to provide sleeping accommodations for automobile transients or overnight guests.
   (39)    "Nonconforming lot" means any zone lot in single ownership, where the owner of such lot does not own any adjoining property, the subdivision of which would create one or more conforming lots, which does not conform with the minimum area and/or dimensions required in the district where such lot is situated or for any special use, as the case may be.
   (40)    "Nonconforming structure" means a sign or structure, the design or size of which does not conform to the regulations of the Zoning Ordinance for the district in which it is located.
   (41)    "Nonconforming use" means a building, structure or premises legally existing and/or used at the time of adoption of the Zoning Ordinance, or any amendment thereto, and which does not conform with the use regulations of the district in which located.
   (42)    "Off-street parking area, private" means an open area for the same uses as a private garage or carport, and regulated as such.
   (43)    "Off-street parking area, public" means an open area, other than a street or other public way, improved and used for the parking of automobiles, and available to the public whether for a fee, free or as an accommodation for employees, clients or customers.
   (44)    "Off-street parking space" means a space available for the parking of one motor vehicle and having an area of not less than 200 square feet exclusive of passageways and driveways.
   (45)    "Planning Commission" means the Planning Commission of the City of Belpre.
      (Ord. 58(72-73). Passed 11-21-73.)
   (46)    "Professional office" means the office of a member of a recognized profession, including the offices of doctors or physicians, dentists, optometrists, ministers, architects, professional engineers, lawyers, accountants and such other similar professional occupations which may be so designated by the Board of Appeals upon finding by the Board that such occupation is truly professional in character by virtue of the need for similar training and experience as a condition for the practice thereof. The issuance of a state or local license for regulations of any gainful occupation need not be deemed indicative of professional standing.
      (Ord. 5(88-89). Passed 4-11-88.)
   (47)    "Recreation".
      A.    "Recreation, commercial" means recreational facilities operated as a business and open to the general public for a fee.
      B.    "Recreation, private, noncommercial" means clubs or recreational facilities operated by a nonprofit organization and open only to bona fide members of such organization.
      C.    "Recreation, public" means recreational facilities operated as a nonprofit enterprise by the City, any other governmental entity or any nonprofit organization which is open to the general public.
   (48)    "Rooming house" means a building containing a single dwelling unit and rooming units for the rooming and/or boarding of at least one person, but not more than ten persons by prearrangement for a definite period of not less than one week.
   (49)    "Sign" means a name, identification, description, display or illustration which is affixed to, or painted or represented directly or indirectly upon a building, structure or piece of land and which directs attention to an object, product, place, activity, persons, institution, organization or business.
   However, the above definition of a "sign" shall not prohibit the display of any official court, or public office notices nor any official or Municipal traffic control or parking sign or device, nor shall it include the flag, emblem or insignia of a nation, state, county, municipality, school or a religious group. A "sign" shall not include a sign located completely within an enclosed building. Each display surface of a sign shall be considered to be a "sign".
      A.    "Sign, business" means a sign which directs attention to a business or profession conducted or to a commodity, service or entertainment sold or offered upon the premises where such sign is located, or to which it is affixed.
      B.    "Sign, flashing" means any illuminated sign on which the artificial light is not maintained stationary or constant in intensity and color at all times when such sign is in use. For the purpose of the Zoning Ordinance, any revolving illuminated sign shall be considered a "flashing sign".
      C.    "Sign, gross surface area of" means the entire area within a single continuous perimeter enclosing the extreme limits of such and in no case passing through or between any adjacent elements of same. However, such perimeter shall not include any structural or framing elements lying outside the limits of such sign and not forming an integral part of the display.
   (50)    "Special or conditional use" means a use which because of its operation or unique characteristics requires individual consideration in each case by the Board of Appeals and/or the Planning Commission as specified by the Zoning Ordinance; the Board of Appeals and/or the Planning Commission may require certain conditions and safeguards before such a use is permitted.
   (51)    "Story" means that portion of a building included between the surface of any floor and the surface of the floor next above it, or if there be no floor above it, then the space between any floor and the ceiling next above it.
   (52)    "Street" means the entire right of way of a public or private thoroughfare which affords the principal means of access to abutting property.
   (53)    "Structure" means anything constructed or erected, the use of which requires a fixed location on the ground or an attachment to something having a fixed location on the ground. This shall include in addition to buildings, signs, carports, porches, towers, platforms and other similar facilities.
   (54)    "Town or row house" means three or more separate dwelling units attached to each other by part or common walls. A town or row house shall be identified as a multiple dwelling.
   (55)    "Travel trailer" means a mobile vehicle, with wheels designed for overnight living or camping purposes, capable of being towed by a passenger vehicle and having an overall length of less than twenty-five feet and an overall width of less than eight feet. (See also "mobile home".)
   (56)    "Yard" means an open space, as may be required by the Zoning Ordinance, of uniform width, or depth on the same lot with a building or a group of buildings, which open space lies between the principal building or group of buildings and the nearest lot line, and is unoccupied and unobstructed from the ground upward except as herein permitted.
      A.    "Yard, front" means an open space extending the full width of the lot between a building and the front lot line, unoccupied and unobstructed from the ground upward except as specified elsewhere in the Zoning Ordinance.
      B.    "Yard, rear" means an open space extending the full width of the lot, between a building and the rear lot line, unoccupied and unobstructed from the ground upward except as specified elsewhere in the Zoning Ordinance.
      C.    "Yard, side" means an open space extending from the front yard to the rear yard between a building and the nearest side lot line, unoccupied and unobstructed from the ground upward except as specified elsewhere in the Zoning Ordinance.
   (57)    "Variance" means the Board of Appeals' authorized departure to a minor degree from the terms of the Zoning Ordinance in direct regard to hardship peculiar to an individual lot in accordance with the procedures set forth in the Zoning Ordinance. A variance shall not be interpreted to include appeals or requests that would require rezoning or amendment as otherwise provided under the provisions of the Zoning Ordinance.
   (58)    "Zoning Official" means the administrative officer appointed by Council who shall administer and enforce the provisions of the Zoning Ordinance. The Zoning Official may also be appointed to serve as secretary to the Board of Appeals during his term of office.
   (59)    "Zoning Map" means the Zoning District Map or Maps of the City of Belpre, together with all amendments subsequently adopted.
      (Ord. 58(72-73). Passed 11-21-73.)