For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ACCESSORY USE OR STRUCTURE. An object or structure constructed or installed on, above, or below the surface of a parcel, which is located on the same lot as a principal object or structure, and which is subordinate to or serves the principal object or structure, is subordinate in the area to the principal object or structure, and is customarily incidental to the principal object or structure. Among other things, ACCESSORY USE OR STRUCTURE includes anything of a subordinate nature attached to or not attached to a principal structure, such as, satellite dishes, antennas, sheds, detached garages, decks and carports if not attached. Except as otherwise required in this Zoning Code an ACCESSORY USE OR STRUCTURE shall be a permitted use.
ALLEY. See THOROUGHFARE.
ALTERATIONS, STRUCTURAL. Any change, addition, or modification in construction, use, or type of occupancy; any change in the structural members of a building, such as walls or partitions, columns, beams, or girders.
ANIMAL GROOMING. An activity where the principal business is domestic pet hygiene including washing, brushing, shearing and nail cutting.
ANIMAL HOSPITAL. Any building or structure used for treatment and care of injured or ailing animals administered by a doctor of veterinary medicine licensed to practice in the state.
ANIMAL LIVESTOCK. Animals kept or raised on farms such as cattle, horses, pigs, goats or sheep for personal use only.
APARTMENT. Two or more rooms, designed for, arranged for, intended for or occupied as a residence by one family.
APARTMENT HOUSE. Any building housing three or more apartment units; provided said units are the principal use of the building.
AUTOMOBILE REPAIR, PAINTING AND BODY SHOPS. Places where the following services may be carried out: the sale of engine fuels, general repair, engine rebuilding, rebuilding or reconditioning of motor vehicles, collision service such as body, frame, or fender straightening and repair, and overall painting, undercoating, rust protection, paint protection, and fabric protection of automobiles.
AUTOMOBILE SERVICE STATION. Any building used for the supply of gasoline, oil or other fuel for motor vehicle propulsion, which can include space and facilities for washing, polishing, greasing and servicing motor vehicles.
AUTOMOBILE WASHING FACILITIES. Area of land and/or a structure with machine or hand-operated facilities used principally for cleaning, washing, polishing or waxing of automobiles.
BARS, TAVERNS and NIGHTCLUBS. Establishments primarily engaged in the retail sale of drinks, such as beer, ale, wine, liquor and other alcoholic beverages for consumption on the premises. The sale of food may also be a part of the operation.
BASEMENT. A story all or partly underground, but having at least one-half of its height below the average level of the adjoining ground. (See also STORY and § 153.007 Exhibit C.)
BED AND BREAKFAST INNS. A residential, single-family dwelling or portion thereof, which is owner-occupied, that has as a secondary use of the structure, one to five guestrooms for rent. Guests shall not stay longer than 14 consecutive days. Breakfast shall be the only meal served and the kitchen shall not be remodeled into a commercial kitchen. The facility shall be located in an existing structure and a structure cannot be built for this purpose. The operator of the inn shall live on the premises.
BEGINNING OF CONSTRUCTION. The utilization of labor, equipment and materials for the purpose of erecting or altering a structure.
BLOCK. Property abutting one side of a street and lying between the two nearest intersecting streets, crossing or terminating, or between the nearest street and railroad right-of-way, un-subdivided acreage, waterway, or between any of the foregoing and any other barrier to the continuity of development or corporate lines of the village.
BOARD OF ZONING APPEALS (BZA). The Board of Zoning Appeals of the Village of Botkins, Ohio hereinafter refer to as BZA.
BOARDING HOUSE, ROOMING HOUSE, LODGING HOUSE or DORMITORY. A building or part thereof, other than a hotel or restaurant, where meals and/or lodging are provided for compensation, for three or more persons and where cooking and dining facilities are not provided in individual rooms.
BUILDING. 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.
BUILDING HEIGHT. The vertical distance measured from the average contact ground level at the front wall of the building to the highest point of the coping of a flat roof or to the deck line of a mansard roof or to the ridge for gable, hip or gambrel roofs.
BUILDING LINE. See SETBACK LINE.
BUILDING; PRINCIPAL. A building in which conducted is the main or principal use of the lot on which such building is situated. Where a substantial part of the wall of an accessory building is a part of the wall of the PRINCIPAL BUILDING, or where an accessory building is attached to the main building in a substantial manner, as by a roof, such accessory building shall be counted as a part of the PRINCIPAL BUILDING.
BUILDING SERVICES AND SUPPLIES. Facilities, including facilities for plumbing and heating equipment, sheet metal shops, and similar uses.
BUILDING/ZONING PERMIT. A permit issued by the Zoning Administrator for the construction or alteration of any building or structure authorizing the use of lots, structures, uses of land and structures, and the characteristics of the uses.
BUSINESS, PROFESSIONAL AND ADMINISTRATIVE OFFICES. Uses that include, but are not limited to, corporate offices; insurance; real estate; law; engineering; architecture; management and consulting; accounting; bookkeeping and investment; data processing services; advertising, commercial art and public relations; news syndicates; travel agencies; personnel and employment services; and detective and protective services.
CAR WASH. See AUTOMOBILE WASHING FACILITIES.
CARRY-OUT. A place of business where food and beverages are purchased for consumption on or off the premises. These can include photo kiosks and freestanding automatic teller machines.
CEMETERY. Land used or intended to be used for the disposition of deceased persons and dedicated for cemetery purposes, including crematories, mausoleums, and mortuaries when operated in conjunction with and within the boundaries of such cemetery.
CHILD DAY CARE CENTER; COMMERCIAL OR PROFESSIONAL. Any place in which child day care is provided, with or without compensation, for eight 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 at least eight 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.
CLINIC. See MEDICAL OFFICES AND CLINICS.
COMMERCIAL ENTERTAINMENT FACILITIES. Any profit-making activity which is generally related to the entertainment field. These facilities include motion picture theaters; sports arenas; tennis, racquetball and handball courts; health clubs; bowling alleys; and similar entertainment activities.
COMMERCIAL OUTDOOR RECREATION FACILITIES. Any outdoor profit-making activity which is generally related to the recreation field. These facilities include amusement parks, drive-in theaters, carnivals, fairgrounds, golf driving ranges, golf courses, miniature golf courses, racetracks, skating rinks and similar outdoor activities.
COMMUNITY-ORIENTED RESIDENTIAL SOCIAL SERVICE FACILITY. A state licensed or authorized home for children or adults which is operated by the state or a political subdivision or pursuant to a license issued by or to a contract with the state or a political subdivision. COMMUNITY-ORIENTED RESIDENTIAL SOCIAL SERVICE FACILITIES include the following categories: agency group homes for children or adults, residential homes for children or adults, or residential homes for children or adolescents 18 years of age or under, dependent or neglected, who have not been adjudged delinquent, and who for various reasons cannot reside with their natural family.
COMPREHENSIVE DEVELOPMENT PLAN. A plan, which may consist of several maps, data, policies, and other descriptive matter, for the physical development of the village which has been adopted by the village to indicate the general location for proposed physical facilities including housing, industrial, and business uses, major streets, parks, schools, public sites, and other similar information.
CONDITIONAL USE. A use that is permitted, but only by application to the Board of Zoning Appeals in each specific instance, and after determination by the Board of Zoning Appeals that all regulations and standards of this Zoning Code applying to the specific use in the particular location will be met, along with such additional conditions or safeguards as the Board of Zoning Appeals may prescribe in the specific case and circumstances, in order to prevent harm or injury to adjacent uses and the neighborhood, and/or in order to improve the public health, safety, convenience, order, prosperity, and general welfare.
CONDOMINIUM. 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.
CONSTRUCTION TRADE FACILITY. These activities include heavy construction, building, electrical, heating and air conditioning, masonry, plumbing, painting and wallpapering, roofing, and glazing, but does not include salvage materials or debris.
CONVENIENCE STORE. Retail stores that cater to the motoring public where the sale of food items such as hot or cold drinks, prepackaged foods and tobacco, road maps, magazines and other publications; automotive maintenance items such as brake fluid, oil, polishes, anti-freeze, and similar products; and other retail items that may be readily purchased. A CONVENIENCE STORE may also sell gasoline. This does not include drive-in or drive-through windows.
CORNER LOT. See LOT.
COVERAGE. The percentage of the lot area which is covered by any building or part thereof.
DAY CARE CENTER, FAMILY HOME. A private residence where care, protection and supervision are provided on a regular schedule at least twice a week to no more than six children at one time including the children of the adult provider.
DEVELOPMENT PLAN. See COMPREHENSIVE DEVELOPMENT PLAN.
DISTRICT. A portion of the incorporated area of the village within which certain regulations and requirements or various combinations thereof apply under the provisions of this Zoning Code.
DRIVE-IN. 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, or within a building or structure on the same premises and devoted to the same purpose as the DRIVE-IN service.
DWELLING. Any building or portion thereof designed or used as the residence of one or more persons, but not including a tent, cabin, trailer or trailer coach, tree house, or a room in a hotel or motel.
DWELLING; MULTI-FAMILY. A dwelling consisting of three or more dwelling units including condominiums with varying arrangements of entrances and party walls.
DWELLING; REAR. A building designed for or used as the residence or sleeping place of one or more persons.
DWELLING; SINGLE-FAMILY. A dwelling consisting of a single dwelling unit only, separated from other dwelling units by open space.
DWELLING; TWO-FAMILY. 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.
DWELLING UNIT. A building, or a portion thereof, designed for occupancy of one family for residential purposes and having living, cooking, sleeping and sanitation facilities.
EASEMENT. Authorization by a property owner for the use by another, and for a specified purpose, of any designated part of his property.
EDUCATIONAL INSTITUTIONS, ELEMENTARY, JUNIOR HIGH AND HIGH SCHOOLS. Public, private and/or religious schools including grades K through 12.
ELDERLY HOUSING FACILITIES. Residential developments specially designed to house retired and elderly persons, and which may include a mixture of living options, including apartments, group quarters, and nursing care facilities.
ERECTED. Includes the terms built or constructed, altered, or reconstructed. ERECTED also includes moving of a building or structure onto a lot or any physical operations on the premises which are required for construction. Excavation, fill drainage and the like shall be considered an operation of erection.
FACTORY-BUILT HOUSING. 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 Zoning Code, FACTORY-BUILT HOUSING shall include the following.
(1) MANUFACTURED HOME. A single-family dwelling unit designed for transportation after fabrication, on streets, highways, land, air, or water and arriving at the site where it is to be occupied as a dwelling unit complete and ready for occupancy after location on the site by wheels, jacks, or permanent foundations, and connection to utilities and the like and which bears a label certifying that it is built in compliance with Federal Manufactured Housing Construction and Safety Standards. MANUFACTURED HOME is sometimes referred to as a mobile home. Does not include camp or travel trailers.
(2) MODULAR HOME. An assembly of materials or products comprising all or part of a total residential structure that when constructed is self-sufficient or substantially self-sufficient containing plumbing, wiring, and heating at the point of manufacture and which when installed constitutes a dwelling unit except for necessary on-site preparations for its placement. All factory-built housing shall be 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.
FAMILY. 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 boarding house, lodging house, dormitory or hotel.
FENCE. Any structure, other than part of a building, of sufficient strength and dimension to prevent straying from within or intrusion from without.
FINANCIAL ESTABLISHMENTS. These facilities include banks, savings and loan associations, credit unions, finance companies, loan offices, and safe deposit companies.
FLOOR AREA OF A NON-RESIDENTIAL BUILDING. To be used in calculating parking requirements, the floor area of the specified use excluding stairs, washrooms, elevator shafts, maintenance shafts and rooms, storage spaces, display windows, fitting rooms, and similar areas.
FLOOR AREA OF A RESIDENTIAL BUILDING. The sum of the gross horizontal area of all floors of a residential building, excluding garages, basement floor areas, roofed porches, and roofed terraces. All dimensions shall be measured between exterior faces of walls.
FRONT LOT LINE. See LOT.
FRONT YARD. See YARD.
FUNERAL HOME. A building or part thereof used for human funeral services. Such building may contain space and facilities for embalming and the performance of other services used in preparation of the dead for burial; the performance of autopsies and other surgical procedures; the storage of caskets, funeral urns and other related funeral supplies; and the storage of funeral vehicles, but shall not include facilities for cremation. Where a FUNERAL HOME is permitted, a funeral chapel and residency shall also be permitted.
GARAGE; PRIVATE. A detached accessory building or a portion of the principal building used only for the storage of vehicles and incidental personal property.
GARAGE; PUBLIC. A building or portion thereof other than a private garage or automobile service station used for equipping, servicing, repairing, hiring, selling, or storing vehicles or similar equipment.
GAS STATION. See AUTOMOBILE SERVICE STATION.
GENERAL MERCHANDISE STORES. These facilities include department, variety, discount, home furnishing, grocery, retail sales and drug stores.
GROUP HOME. A residential facility licensed and/or approved by the state which provides residential services to individuals who are mentally retarded, developmentally disabled, or physically handicapped, who cannot otherwise care for themselves or who are convalescing or undergoing rehabilitation and/or treatment.
HEAVY EQUIPMENT RENTAL, SALES, SERVICE AND STORAGE. These facilities include rental, sales, service, and storage of semi-tractor trailers, agricultural equipment, and construction equipment.
HOME OCCUPATIONS. Any occupation carried out for gain by a resident and conducted as a customary, incidental and accessory use in the residential dwelling unit. (See § 153.067.)
HOTEL. A building occupied primarily as the temporary abiding place of individuals who are lodged with or without meals and in which there are more than 12 sleeping rooms or apartments.
HOUSEHOLD ITEMS REPAIR SHOP. Repair of items normally found in the household including, but not limited to, shoes, watches, clocks, jewelry, appliances and similar items.
INDUSTRIAL; ENCLOSED. Any industrial use conducted entirely within an enclosed building of any size for the manufacturing, fabricating, processing, heavy repair, servicing, or storing of motor vehicles, equipment, raw materials, or manufactured products; provided that all such uses comply with the nuisance performance standards as set forth in § 153.068.
INDUSTRIAL; OPEN. Any industrial use which requires both building and open area for the manufacturing, fabricating, processing, heavy repair, servicing or storing of motor vehicles, equipment, raw materials, or manufactured products; provided that all such uses comply with the nuisance performance standards as set forth in § 153.068.
JUNK YARD OR SALVAGE YARD. A place where waste, discarded, or salvaged materials are brought, 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.
KENNELS. Any lot or premises used for the sale, boarding, or breeding of dogs, cats or other household pets.
LIBRARIES. A public or private repository for literary and artistic materials, such as books, periodicals, newspapers, pamphlets and prints, kept for reading or reference.
LOADING SPACE. An off-street space on the same lot with a building or group of buildings, used for the temporary parking of a commercial vehicle while loading and unloading merchandise or materials.
LOT. A parcel of land of sufficient size to meet minimum zoning requirements for use, coverage, and area, and to provide such yards and other open spaces as are herein required. Such LOT shall have frontage on an improved public street and may consist of:
(1) A single lot of record;
(2) A portion of lot of record; and
(3) A combination of complete lots of record, of complete lots of record and portions of lots of record or of portions of lots of record.
LOT AREA. The total horizontal area within the lot lines of a lot which is computed exclusive of any portion of the right-of-way of any public street.
LOT COVERAGE. The percentage of a lot which, when viewed directly from above, would be covered by a structure or structures including swimming pools/ponds, accessory structures, or any part thereof, excluding projecting roof eaves.
(1) FRONT LOT LINE. A street right-of-way line forming the boundary of a lot.
(2) INTERIOR LOT LINE. A side lot line separating a lot from another lot or lots.
(3) REAR LOT LINE. The lot line that is most distant from, and is, or is most parallel with, the front lot line.
(4) SIDE LOT LINE. A lot line which is neither a front lot line nor a rear lot line. A SIDE LOT LINE separating a lot from a street is called a side street lot line.
LOT MEASUREMENTS. A lot shall be measured as follows.
(1) DEPTH. The distance between the midpoints of straight lines connecting the foremost points of the side lot lines in front and the rearmost points of the side lot lines in the rear.
(2) WIDTH. The distance between straight lines connecting front and rear lot lines at each side of the lot, measured at the front building setback line.
LOT; MINIMUM AREA OF. The total horizontal area within the lot lines of a lot which is computed exclusive of any portion of the right-of-way of any public street.
LOT OF RECORD. A lot which is part of a subdivision recorded in the Office of the County Recorder, or a lot or parcel described by metes and bounds, the description of which has been so recorded.
LOT TYPES.
(1) CORNER LOT. A lot located at the intersection of two or more streets. (See § 153.007 Exhibit A.)
(2) INTERIOR LOT. A lot with only one front yard on a street. (See § 153.007 Exhibit A.)
(3) THROUGH LOT. A lot other than a corner lot with a front yard on more than one street. THROUGH LOTS abutting two streets may be referred to as double frontage lots. (See § 153.007 Exhibit A.)
LUMBER YARDS AND BUILDING MATERIALS SALE AND STORAGE. Buildings or premises used for the storage and sale of lumber and building materials.
MEDICAL OFFICES AND CLINICS. Offices of physicians, dentists, and other health practitioners and medical and dental laboratories. Establishments primarily engaged in outpatient care with permanent facilities and with medical staff to provide diagnosis and/or treatment for patients who are ambulatory and do not require in-patient care.
MINI-WAREHOUSE. See SELF-SERVICE STORAGE FACILITY.
MOBILE HOME. See FACTORY-BUILT HOUSING, MANUFACTURED HOME.
MOBILE HOME COURT. A minimum of five acres comprised of mobile homes. Only permitted as a Planned Unit Development within an R-3 District, with the authorization and restrictions of the Planning Commission. (See § 153.136.)
MOTEL OR TOURIST COURT. A building or group of buildings comprising individual sleeping or living units for the accommodation of transient guests not containing individual cooking or kitchen facilities.
MULTI-FAMILY DWELLING. See DWELLING.
NIGHTCLUB. See BARS, TAVERNS AND NIGHTCLUBS.
NON-CONFORMING USE. A building, structure, or premises legally existing or used at the time of adoption of this Zoning Code and which does not conform with the use regulations prescribed by this Zoning Code for the district in which located.
NON-CONFORMITIES. Lots, uses of land, structures, and uses of structures and land in combination lawfully existing at the time of enactment of this Zoning Code or its amendments which do not conform to the regulations of the district or zone in which they are situated, and are therefore incompatible.
NURSERIES AND GARDEN SUPPLIES STORES. A space, including accessory building or structure, for the growing and storage of live trees, shrubs, or plant materials offered for retail sale on the premises, including products used for gardening or landscaping.
NURSING HOME. An establishment which specializes in providing necessary health and related services to those unable to care for themselves..
OFF-STREET PARKING. The provision of parking facilities for a specified use, to be provided on the same lot or lots as the use they are intended to serve, and not on any public street or public right-of-way.
OPEN SPACE. The part of a lot, including courts or yards, which is open and unobstructed by structures from its lowest level to the sky, accessible to all tenants upon the lot.
PARKING LOT. An area 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 five vehicles.
PARKING SPACE. The area required for parking one automobile in an area not less than eight feet wide by 18 feet long, either within a structure or in the open exclusive of driveways or access drives.
PARKING SPACE; OFF-STREET. An area adequate for parking a passenger vehicle 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.
PERSONAL SERVICES. Services of a personal nature including, beauty and barber shops; individual laundry and dry cleaning establishments; laundromats; photo studios and photo finishing; tailoring; clothing rental; and other services performed for persons or their apparel.
PET SHOPS. Any building or structure used for the sale, other than casual sale, of domestic pets and pet supplies.
PLACES OF WORSHIP. Establishments of recognized religious organizations operated for worship or for promotion of religious activities.
PLANNED UNIT DEVELOPMENT (PUD). Land under unified control, planned and developed as a whole according to comprehensive and detailed plans, including streets, utilities, lots, or building sites, site plans, and design principles for all buildings intended to be located, constructed, used, and related to each other, and for other uses and improvements on the land as related to buildings. Development may be a single operation or a definitely programmed series of development operations including all lands and buildings, with a program for provision, operation, and maintenance of the areas, improvements, and facilities necessary for common use by the occupants of the development. (See §§ 153.125 through 153.138.)
PLANNING COMMISSION. The Village of Botkins Planning Commission.
PRE-EXISTING USE. An existing use of the type listed as a special use in the zoning district that was lawfully established on the effective date of this Zoning Code.
PRINCIPAL USE. The primary or predominant use of any land or improvement on it.
PRIVATE CLUBS. An association organized and operated not for profit for persons who are bona fide members paying annual dues, which owns, hires, or leases premises, the use of which premises is restricted to such members and their guests. The affairs and management of such association are conducted by a board of directors, executive committee or similar body chosen by the members at their annual meeting. Food, meals and beverages may be served on such premises; provided adequate dining room space and kitchen facilities are available. Alcoholic beverages may be sold or served to members and their guests; provided such service is secondary and incidental to the promotion of some other common objective of the organization; and further provided that such sale or service of alcoholic beverages is in compliance with all applicable federal, state, county and local laws.
PRIVATE SCHOOLS. Private schools, including, but not limited to, business or commercial schools, dance or music academies, kindergarten, nursery, play and special schools other than educational facilities.
PROFESSIONAL OFFICES. See BUSINESS, PROFESSIONAL AND ADMINISTRATIVE OFFICES.
PROTECTED USE. Uses are defined as:
(1) Religious institution, including a church synagogue, mosque, temple or building which is primarily used for religious worship and activities;
(2) Residential district or use, including single-family, duplex, townhouse, multi-family, retirement or nursing home, or mobile home park; and
(3) Schools, including any public or private educational facility, day care facility, nursery school and preschool.
PUBLIC OFFICES AND PUBLIC BUILDINGS. Establishments for local, county, regional, state or federal government agencies.
PUBLIC RECREATION FACILITIES. Parks, playgrounds, golf courses, sports arenas, gymnasiums, community centers, swimming pools, skating rinks, tennis, racquetball and handball courts, senior citizen and youth centers, arboretums, hiking and jogging trails, ice skating rinks, nature areas, picnic areas, tot lots, and arid wildlife sanctuaries, but not including commercial recreation and entertainment facilities listed elsewhere in this Zoning Code.
RECREATION VEHICLE. Includes travel trailers, campers, camp car, truck campers, boats and boat trailers.
RESTAURANT; FAST FOOD. An establishment whose principal business is the sale of food and/or beverages in a ready-to-consume state for consumption within the restaurant building, with a motor vehicle parked on the premises, or off the premises, as a carry-out order; and whose principal method of operation includes the following characteristics: food and/or beverages which are usually served in edible containers or in paper, plastic, or other disposable containers.
RESTAURANT; STANDARD. An establishment whose primary business is serving food and beverages to patrons for consumption inside the building.
RIGHT-OF-WAY. A 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) such as grade separation, landscaped areas, viaducts and bridges.
SATELLITE SIGNAL RECEIVER. 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 multi-point distribution service system, shall mean one, or a combination of two or more of the following:
(1) A signal-receiving device such as a dish antenna whose purpose is to receive communications or signals from earth-orbiting satellites or similar sources;
(2) A low-noise amplifier (LNA) whose purpose is to boost, magnify, store, transfer or transmit signals; or
(3) Not including telecommunications towers.
SCREENING. The placement of landscaping or fencing on a lot in a manner to reduce any negative effects resulting from the location of two or more dissimilar uses next to one another.
SEAT. For the purpose 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 24 lineal inches of benches, pews, or space for loose chairs.
SELF-SERVICE STORAGE FACILITY. A building or group of buildings in a controlled access and fenced compound that contains varying sizes of individual, compartmentalized, and controlled access stalls or lockers for the storage of customers’ goods or materials.
SERVICE GARAGE. See AUTOMOBILE REPAIR, PAINTING AND BODY SHOPS.
SERVICE STATION. See AUTOMOBILE SERVICE STATION.
SETBACK LINE. A line established by the Zoning Code, generally parallel with and measured from the lot line, defining the limits of a yard in which no portion of any principal structure, other than accessory building, may be located except as may be provided in said Zoning Code. (See YARD.)
SIGHT TRIANGLE. A triangular space at the street corner of a corner lot, free from any kind of obstruction to vision between the heights of three and 12 feet above the established street grade. The street grade is measured at the intersection of the centerlines of the intersecting street pavements and the triangular space is determined by a diagonal line connecting two points measured 20 feet along each of the street property lines equi-distant from the intersection of the property lines or the property lines extended at the corner of the lot.
SIGN. Any fabricated sign or display structure, including the structure itself and any letter, figure, character, mark, point, plane, marquee sign, design, poster, pictorial, picture, stripe, line, trademark, reading matter, or illuminating device, which is constructed, attached, erected, fastened, or manufactured in any manner whatsoever so that the same shall be used for the attraction of the public to any place, subject, person, firm, corporation, public performance, article, machine, or merchandise whatsoever, and displayed in any manner for recognized advertising purposes.
SINGLE-FAMILY DWELLING. See DWELLING.
STORY. The portion of a building included between the surface of any floor and the surface of the floor next above it, or if there is no floor above it, then the space between the floor and the ceiling next above it. (See § 153.007 Exhibit C.)
STREET. See THOROUGHFARE.
STRUCTURE. Anything constructed or erected, the use of which requires permanent location on the ground or attachment to something having permanent location on the ground.
SWIMMING POOL. A structure constructed or placed below ground or above ground, which contains water in excess of 30 inches in depth and is suitable or utilized for swimming or wading.
TAVERN. See BARS, TAVERNS AND NIGHTCLUBS.
TEMPORARY USE OF BUILDING. The temporary use of land or a building permitted by the Village Administrator during periods of construction, or for special events. (See § 153.065.)
THOROUGHFARE. The full width between property lines bounding every public way of whatever nature, with a part thereof to be used for vehicular traffic and designated as follows.
(1) ALLEY. A right-of-way used primarily for vehicular service access to the back or side of properties abutting on another street.
(2) ARTERIAL STREET. A general term denoting a highway primarily for through traffic, carrying heavy loads and a large volume of traffic, usually on a continuous route.
(3) COLLECTOR STREET. A thoroughfare, whether 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.
(4) CUL-DE-SAC. A local street with one end open to traffic and the other end terminating in a vehicular turnaround.
TRANSPORTATION TERMINALS. Trucking and motor-freight terminals, express and hauling establishments, rail terminals, landing strips and heliports.
USE. The purpose for which land or a building is arranged, designed, or intended, or for which land or a building is or may be occupied or maintained.
UTILITY SERVICE COMPANIES. Utility buildings, telephone exchanges and transformer stations or uses other than general offices.
VARIANCE. A modification of the strict terms of this Zoning Code owing to peculiar conditions or circumstances which apply only to the property in question and no other. As used in this Zoning Code, a VARIANCE is authorized only for height, area, yard or setback requirements.
VEHICLE SALES, RENTAL AND SERVICE. The sales, service, and rental of new and used cars, trucks, trailers, motorcycles, mobile homes, recreational vehicles, snowmobiles, and boats. This does not include semi-tractor trailers, farm equipment and construction equipment.
VILLAGE ADMINISTRATOR/ZONING ADMINISTRATOR. A person appointed by Council of the Village of Botkins to handle the administration of the village. The Village Administrator may be provided with the assistance of such other persons as needed to administer this Zoning Code.
WAREHOUSE. A building used principally for the storage of goods and materials.
YARD. An open space on the same lot with a main building, unoccupied and unobstructed by structures from the ground upward, except as otherwise provided in this Zoning Code. (See § 153.007 Exhibit B.)
(1) FRONT YARD. An open space extending in full width of the lot, the depth of which is the minimum permitted horizontal distance between the front lot line and the nearest point of the main building. For corner lots and through lots, all sides of a lot adjacent to streets shall be considered FRONT YARD. (See § 153.007 Exhibit B.)
(2) REAR YARD. An open space extending the full width of the lot, the depth of which is the minimum permitted horizontal distance between the rear lot line and the nearest point of the main building. (See § 153.007 Exhibit B.)
(3) SIDE YARD. An open space between a main building and the side lot line, extending from the front yard to the rear yard, the width of which is the horizontal distance from the nearest point of the side lot line to the nearest point of the main building. (See § 153.007 Exhibit B.)
ZONE. The same as district.
ZONING ADMINISTRATOR/VILLAGE ADMINISTRATOR. The person authorized to issue building/zoning permits and to enforce the Zoning Code of the Village of Botkins, Ohio as designated by the Mayor.
(Ord. 03-04, passed - -2002)