As used in this chapter:
(a) "Code Official" means the Code Enforcement Officer, Assistant Code Enforcement Officer, Service Director, Chief Building Official, Zoning Officer, Mayor or other duly authorized representative of the City who is charged with the administration and enforcement of this Code.
(b) "Communal kitchen" means a kitchen within a structure used by the occupants of more than one dwelling unit or shared or used by any person other than the members of one family.
(c) "Dwelling structure" means a building or structure, or that part of a building or structure, used or designed or intended to be used, all or in part, for residential purposes.
(d) "Dwelling" means a building consisting of one or more dwelling units as follows:
(1) Single-family dwelling, consisting of one dwelling unit only;
(2) Two-family dwelling, consisting of two dwelling units only; and,
(3) Multifamily dwellings, consisting of three or more dwelling units only.
(e) "Dwelling unit" means a group of rooms arranged, maintained or designed to be occupied by a single family and shall consist of a complete bathroom with toilet, lavatory and tub or shower facilities and one, and one only, complete kitchen or kitchenette with cooking, refrigeration and sink facilities, and living and sleeping facilities, all of which are used exclusively by such family and by any authorized persons occupying such dwelling unit with such family. Where the required facilities for a dwelling unit are not contiguous, the Chief Building Official or Zoning Officer shall determine whether such facilities constitute a dwelling unit. The words "dwelling unit", "apartment" and "suite" shall be considered synonymous.
(f) "Family" means a person living alone, or any of the following groups living together as a single non-profit housekeeping unit and sharing common living, sleeping, cooking and eating facilities:
(1) Any number of people related by blood, marriage, civil union, adoption, foster care, guardianship or other duly authorized custodial relationship, gratuitous guests, domestic help and not more than one additional unrelated person. (Related by blood shall include only persons having one of the following relationships with another individual(s) residing within the same dwelling unit: parents, grandparents, children, sisters, brothers, grandchildren, stepchildren, first cousins, aunts, uncles, nieces and nephews);
(2) Two unrelated persons and any children related to either of them;
(3) A cumulative total of up to three adult persons. More than three adult persons may qualify as a family pursuant to division (4) of this definition;
(4) Persons living together as a functional family as determined by the criteria listed below. For the purpose of enforcing these regulations, it shall be assumed (presumptive evidence) that more than three persons living together, who do not qualify as a family based on division (1) or (2) of this definition, do not constitute a functional family. To qualify as a functional family, all of the following criteria shall be met:
A. The occupants must share the entire dwelling unit and live and cook together as a single housekeeping unit. A unit in which the various occupants act as separate roomers may not be deemed to be occupied by a functional family;
B. The group shares expenses for food, rent or ownership costs, utilities and other household expenses;
C. The group is permanent and stable. Evidence of such permanency and stability may include:
1. The presence of minor dependent children regularly residing in the household who are enrolled in local schools;
2. Members of the household have the same address for purposes of voter's registration, driver's license, motor vehicle registration and filing of taxes;
3. Members of the household are employed in the area;
4. The household has been living together as a unit for a year or more whether in the current dwelling unit or other dwelling units;
5. There is common ownership of furniture and appliances among the members of the household; and
6. The group is not transient or temporary in nature. (Ord. 09-20. Passed 4-14-20.)
(g) "Habitable room" means a room or enclosed floor space used or intended to be used for living, sleeping or eating purposes, excluding bathrooms, toilet rooms, laundries, pantries, dressing rooms, boiler rooms, basements and areas used for kitchen purposes. Wherever living, sleeping or eating space is included in a room or area also used for kitchen purposes, the Chief Building Official or Zoning Officer shall determine the portion of the floor area used for kitchen purposes and such portion, so determined, shall not constitute habitable floor area in determining the habitable floor area of a dwelling unit.
(h) "Occupant" means any person living in, sleeping in, cooking or eating in, or having actual possession of, a dwelling unit or a room.
(i) "Operator" means any person(s), lessee, agent, tenant, or other entity having management, charge, care or control of a structure or premises.
(j) "Owner" means the owner or owners of a premises, including the holder of title thereto, subject to a contract of purchase, a vendee in possession, a mortgagee or receiver in possession, a lessee or joint lessee of the whole thereof, or any agent or any other person or fiduciary directly in control of the premises.
(k) "Person" means an individual, corporation, partnership or any other group acting as a unit.
(l) "Premises" means a lot, parcel or plot of land, including the buildings or structures thereon.
(m) "Secondary, accessory, or appurtenant structure" means a structure the use of which is incidental or accessory to that of the principal structure and which is attached thereto or located on the same premises.
(n) "Structure" means that which is built or constructed or a portion thereof.
(o) "Supply" or "supplied" means paid for, furnished, provided by, or under the control of, the owner or operator.
(p) "Commercial structure" means any structure or building other than a dwelling structure or structure accessory to a dwelling structure. This includes any building a part of which may be residential.
(q) "Workmanlike manner" means work executed in a skilled manner; e.g., in conformance with generally accepted trade standards and is plumb, level, square, in line, undamaged, and installed without marring adjacent work.
(Ord. 54-97. Passed 12-9-97.)
(r) “NFA Letter” means a letter from the Ohio Bureau of Underground Storage Tanks Regulation (“BUSTR”) certifying that corrective action pursuant to Ohio Adm. Code 1301:7-9-13 is complete.
(Ord. 51-14. Passed 10-28-14.)
(s) "Boarding house" means a building arranged or used for lodging for compensation, with or without meals, and not occupied as a single-family unit.
(Ord. 09-20. Passed 4-14-20.)