As used in this Ordinance:
(1) Accessory Use or Building: Is a use or building on the same lot with, and of a nature customarily incident and subordinate to, those of the main use or building.
(2) Agriculture: See Farm.
(3) Alley: Any dedicated public way affording a secondary means of access to abutting property, and not intended for general traffic circulation.
(4) Alteration: Is any change, addition, or modification in construction or type of occupancy, any change 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”.
(5) Apartment: 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 as herein defined.
(6) Apartment Hotel: A building designed for or containing both dwelling units and individual guest rooms or suites of rooms, which building may include accessory uses such as cigar store, coffee shop, etc., when such uses are accessible only from the lobby.
(7) Auto Service Station: Is a place where gasoline, or any other automobile engine fuel (stored only in underground tanks), kerosene, or motor oil and lubricants or grease (for operation of motor vehicles) are retailed directly to the public on the premises; including the sale of minor accessories and the servicing of and minor repair of automobiles, not including storage of inoperable vehicles.
(8) Auto Repair Station: Is a place where, along with the sale of engine fuels, the following services may be carried out: general repair, engine rebuilding, rebuilding or reconditioning of motor vehicles; collision service, such as body, frame, or fender straightening and repair; overall painting and under-coating of automobiles.
(9) Basement: That portion of a building which is partly or wholly below grade but so located that the vertical distance from the average grade to the floor is greater than the vertical distance from the average grade to the ceiling. A basement shall not be counted as a story, except as provided in subsection (80).
(10) Block: Is 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, river or live stream; or between any of the foregoing and any other barrier to the continuity of development, or corporate lines of the Municipality.
(11) Board of Appeals: Means the Board of Zoning Appeals of Bradford, Ohio.
(12) Boarding House: (Rooming House) A building other than a hotel, where for compensation and by prearrangement for definite periods, meals or lodging and meals, are provided for three or more persons, but not exceeding ten sleeping rooms. A rooming house or a furnished room house shall be deemed a boarding house for the purposes of this Ordinance.
(13) Building: Is any structure, either temporary or permanent, having a roof supported by columns or walls, and intended for the shelter, or enclosure of persons, animals, chattels, or property of any kind.
(14) Building Height: Is 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.
(15) Building Line: Is a line formed by the face of the building, and for the purposes of this Ordinance, a building line is the same as a front setback line.
(16) Carry-Out: A place of business where food and beverages are purchased for consumption on or off the premises.
(17) Clinic: An establishment where human patients who are not lodged overnight are admitted for examination and treatment by a group of physicians, dentists or similar professions.
(18) Club: Is an organization of persons for special purposes or for the promulgation of sports, arts, sciences, literature, politics, or the like, but not operated for profit.
(19) Conditional Use: A conditional use is a use permitted only after review of an application by the Board of Appeals, such review being necessary because the provisions of this Ordinance covering conditions, precedent or subsequent, are not precise enough to all applications without interpretation, and such review is required by the Ordinance.
A conditional use does not require “undue hardship” in order to be allowable. The conditional uses that are found in this Ordinance appear as “special approval” on review by the Planning Commission and Board of Appeals. These land uses could not be logically allocated to one zone or another, or the effects of such uses could not be definitely foreseen as of a given time.
(Ord. 0-9-71. Passed 12-23-71.)
Any change in the operation of a properly zoned lot of record or a new activity shall be reported to the Zoning Board of Appeals. If the said activity or new activity is not specifically mentioned in this Zoning Ordinance, the Board of Appeals shall hold a public hearing to hear comments of all residents within 300 feet of the property. The Board of Appeals will then consider the input from the community and factors (a), (b), (c), and (d) below. If the use is permitted, the Board of Appeals will issue a conditional use permit, with the conditions to be determined on a case by case basis.
(a) Whether the proposed use will or will not threaten the general health, safety and welfare of the Village.
(b) Whether adjacent property values will be negatively affected.
(c) Whether the proposed use is compatible with the general economic development policies of the Village.
(d) Whether the proposed use conforms to all other applicable codes and regulations of the Village
(Ord. 0-88-3. Passed 2-11-88.)
(Ord. 0-88-3. Passed 2-11-88.)
(20) Conditional Use Permit: This is a permit issued by the Board of Appeals to allow certain specific developments that would not otherwise be allowed in that particular zoning district where the land is located. These permits are issued only after the applicant has followed the procedures as stated in this Ordinance. Development under a Conditional Use Permit differs from a zoning change in that it is much more specific. The applicant submits plans and if approved, he must follow those plans exactly or re-apply for a permit before deviating from that plan.
(21) Convalescent or Nursing Home: An establishment which specializes in providing necessary services to those unable to care for themselves.
(22) Council: Means the Village Council of Bradford, Ohio.
(23) District: Is a portion of the unincorporated area of the Municipality within which certain regulations and requirements or various combinations thereof apply under the provisions of this Ordinance.
(24) Drive-in: Is 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.
(25) Dwelling Unit: Is a building, or a portion thereof, designed for occupancy of one family for residential purposes and having cooking facilities.
(26) Dwelling, One-Family: Is a building designed exclusively for and occupied exclusively by one family.
(27) Dwelling, Two-Family: Is a building designed exclusively for occupancy by two families living independently of each other.
(28) Dwelling, Multiple-Family: Is a building, or a portion thereof, designed exclusively for occupancy by three or more families living independently of each other.
(29) Erected: Includes built, constructed, altered, reconstructed, moved upon, or any physical operations on the premises which are required for the construction. Excavation, fill, drainage, and the like, shall be considered a part of erection.
(30) Essential Services: Is the erection, construction, alteration or maintenance by public utilities or municipal departments of underground, surface, or overhead gas, electrical, telephone, telegraph, steam, fuel or water transmission or distribution systems, 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 accessories in connection therewith, 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.
(31) Excavation: Is any breaking of ground, except common household gardening and ground care.
(32) Family: Is one or two person or parents, with their direct lineal descendants and adopted children together with not more than two persons not so related, or a group of not more than three persons who need not be related, living together as a single housekeeping unit in a dwelling unit.
(33) Farm: All of the contiguous neighboring or associated land operated as a single unit on which bona fide farming is carried on directly by the owner-operator, manager or tenant farmer, by his own labor or with the assistance of members of his household or hired employees; provided, however, that land to be considered a farm hereunder shall include a continuous parcel of five acres or more in area; provided, further, farms may be considered as including establishments operated as bona fide green-houses, nurseries, orchards, chicken hatcheries, poultry farms, and apiaries; but establishments keeping or operating fur-bearing animals, riding or boarding stables, commercial dog kennels, stone quarries or gravel or sand pits, shall not be considered farm hereunder unless combined with bona fide farm operations on the same continuous tract of land of not less than twenty acres. No farms shall be operated as piggeries, or for the disposal of garbage, sewage, rubbish, offal or rendering plants, or for the slaughtering of animals except such animals as have been raised on the premises or have been maintained on the premises for at least a period of one (1) year immediately prior thereto and for the use and consumption by persons residing on the premises.
(34) Fence: Any structure other than part of a building of sufficient strength and dimensions to prevent straying from within or intrusion from without.
(35) Filling: Is the depositing or dumping of any matter on to, or into the ground, except common household gardening and ground care.
(36) Floor Area: 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 interior faces of the exterior walls. The floor area measurement is exclusive of areas of basements, unfinished attics, attached garages, breezeways, and enclosed and unenclosed porches, except basement areas designed and used for dwelling or business purposes.
(37) Floor Area Gross: The sum of the gross horizontal areas of all the several floors of a building or buildings, including interior balconies and mezzanines. All horizontal measurements are to be made between the exterior faces of walls including the walls or roofed porches having more than one wall. The gross floor area of a building shall include the floor area of accessory buildings, on the same lot, measured the same way.
(38) Floor Area (For the purpose of computing parking): 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. Such floor area which is used or intended to be used principally for the storage or processing of merchandise, such as hallways, stairways and elevator shafts, or for utilities or sanitary facilities, shall be excluded from this computation of “Floor Area”. Measurements of useable 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.
(39) Garage; Parking: A space or structure or series of structures for the temporary storage or parking of motor vehicles, not primarily of commercial vehicles or for dead storage of vehicles, have no public shop or service in connection therewith, other than for the supplying of motor fuels and lubricants, air, water and other operating commodities wholly within the building, to the patrons of the garage only and not readily visible from or advertised for sale on the exterior of the building.
(40) Garage; Private: An accessory building or portion of a main building designed or used solely for the storage of motor-drive vehicles, boats, and similar vehicles owned or used by the occupants of the building to which it is accessory.
(41) Garage; Service: Any premises used for the storage or care of motor-driven vehicles, or where any such vehicles are equipped for operation, repaired, or kept for remuneration, hire or sale.
(42) Grade (Ground level): The average of the finished ground level at the center of all walls of a building. In case walls are parallel to and within five feet of a sidewalk, the above ground level shall be measured at the sidewalk, unless otherwise defined herein.
(Ord. 0-9-71. Passed 12-23-71.)
(Ord. 0-9-71. Passed 12-23-71.)
(43) Home Occupation: Any occupation operated in its entirety within the principal dwelling or accessory building and only by the person or persons maintaining a dwelling or accessory building therein; not having a separate entrance from outside the building; not involving alteration or construction not customarily found in a dwelling or accessory building; not utilizing more than twenty-five percent (25%) of the total actual floor area of any one story; no equipment or process shall be used in such home occupation which creates noise, vibration, glare, fumes, odors or electrical interference detectable to the normal senses off the premises. 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 the line voltage off the premises; not displaying or creating outside the structure any external evidence of the operation of the home occupation except principal, for one unanimated, non-illuminated, nameplate having an area of not more than one and one-half square feet, and mounted on the principal structure.
(Ord. 0-83-14. Passed 10-27-83.)
(Ord. 0-83-14. Passed 10-27-83.)
(44) Hospital or Sanitarium: A public or semi-public facility that provides accommodations and continuous service for the sick and injured including obstetrical, medical and surgical care.
(45) Hotel: A building occupied as the more-or-less temporary abiding place of individuals who are lodged with or without meals in which there are ten or more sleeping rooms and no provision made for cooking in any individual room or apartment. A hotel may include a restaurant or cocktail lounge, public banquet halls, ballrooms, or meeting rooms.
(46) Junk Yard: (Salvage Yard) Is an open area where waste, used or secondhand materials are bought and sold, exchanged, stored, baled, packaged, disassembled, or handled including but not limited scrap iron and other metals, paper, rags, rubber tires, and bottles. A “junk yard” includes automobile wrecking yards and includes any area of more than 200 square feet for storage, keeping or abandonment of junk but does not include uses established entirely within enclosed buildings. Two or more inoperative or unlicensed vehicles shall be construed to be a junk yard.
(47) Kennel: Any lot or premises used for the sale, boarding or breeding of dogs, cats, or other household pets. Kennel shall also mean the keeping on, or in, any lot or building of three or more dogs, cats or other household pets which are over the age of six months.
(48) Loading Space: Is an off-street space on the same lot with a building, or group of buildings, for the temporary parking of a commercial vehicle while loading and unloading merchandise or materials.
(49) Lot: Is a parcel of land occupied, or 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 open spaces as are required under the provisions of this Ordinance. Every lot shall abut upon and have permanent access to a public street and have a minimum frontage of forty feet thereon.
(50) Lot Area: Is the total horizontal area within the lot lines of the lot.
(51) Lot, Corner: A lot which has at least two contiguous sides, each abutting upon a street for its full length.
(52) Lot, Interior: Is any lot other than a corner lot.
(53) Lot, Through: Is any interior lot having frontages on two more or less parallel streets as distinguished from a corner lot. In the case of a row of double frontage lots, all sides of said lots adjacent to streets shall be considered frontage, and front yards shall be provided as required.
(54) Lot Coverage: Is the part or percent of the lot occupied by buildings including accessory buildings.
(55) Lot Lines: The lines bounding a lot as defined herein.
(56) Front Lot Line: In the case of an interior lot, is that line separating said lot from the street. In the case of a corner lot, or double frontage lot, is that line separating said lot from either street.
(57) Rear Lot Line: Is 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. In the case of a corner lot, the rear lot line is opposite the front lot line of least dimension.
(58) Side Lot Line: Is 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.
(59) Lot Width: Is 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.
(60) Lot of Record: Is a parcel of land, the dimensions of which are shown on a document or map on file with the County Register of Deed or in common use by Village 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.
(61) Main Building: Is a building in which is conducted the principal use of the lot upon which it is situated.
(62) Main Use: Is the principal use to which the premises are devoted and the principal purpose for which the premises exist.
(63) Major Thoroughfare: Is an arterial street which is intended to serve as a large volume traffic way for both the immediate area and the region beyond, and may be designated as a major thoroughfare, parkway, freeway, expressway, or equivalent term to identify those streets comprising the basic structure of the street plan. Any street with a width, existing or proposed, of eighty feet shall be considered a major thoroughfare.
(64) Mezzanine: Is an intermediate floor in any story occupying not to exceed two-thirds (2/3) of the floor area of such story.
(65) Motel: Is a series of attached, semi-detached or detached rental units containing a bedroom, bathroom, and closet space. Units shall provide for overnight lodging and are offered to the public for compensation, and shall cater primarily to the public traveling by motor vehicle. It may include all facilities specified under the definition of “Hotel” in subsection (45).
(66) Non-conforming Building: Is a building or portion thereof, lawfully existing at the effective date of this Ordinance or amendments thereto and that does not conform to the provisions of the Ordinance in the district in which it is located.
(67) Non-conforming Use: Is a use which lawfully occupied a building or land at the effective date of this Ordinance, or amendments thereto and that does not conform to the use regulations of the district in which it is located.
(68) Nursery:
A. Plant material. Is a space including an accessory building or structure for the growing or storage of live trees, shrubs or plant materials not offered for retail sale on the premises, including products used for gardening or landscaping.
B. Retail. Is a space including an accessory 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.
(69) Off-Street Parking Lot: Is 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 two vehicles.
(70) Open Space: that part of a zoning lot, including courts or yards which is open and unobstructed from its lowest level to the sky, accessible to all tenants upon the zoning lot.
(71) Parking Space: Is hereby determined to be a minimum area of 200 square feet; said area shall be exclusive of drives, aisles or entrances giving access thereto, and shall be fully accessible for the storage or parking of permitted vehicles.
(72) Planning Commission: Means the Planning Commission of Bradford, Ohio.
(73) Pool, Swimming: A structure constructed or placed below ground or above ground, which contains water in excess of twenty-four inches of depth and is suitable or utilized for swimming or wading.
(74) Public Utility: Is any person, firm, or corporation, municipal department, board or commission duly authorized to furnish and furnishing under state or municipal regulations to the public: gas, steam, electricity, sewage disposal, communication, telegraph, telephone, transportation or water.
(75) Restaurant: An establishment whose primary business is serving food and beverages to patrons for consumption inside the building.
(76) Row House or Town House: A two story row of three or more attached one family dwellings, each unit of which extends from the basement to the roof.
(77) Sign: A name, identification, description, display or illustration which is affixed to, painted or represented, directly or indirectly upon a building, structure, parcel or lot and which directs attention to an object, product, place, activity, person, institution, organization or business.
(78) Sign (Ground): A sign which is supported by one or more poles, uprights, or braces in or upon the ground, which are not a part of the building.
(79) Sign (Wall): A sign which is attached directly to the wall of a building and which extends not more than twelve inches from the wall, including window signs.
(80) Story: Is that part of a building, except a mezzanine as defined herein, including 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. If the floor level directly above a basement is more than six feet above grade, such basement shall be considered a story.
(81) Story (Half): Is 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 this Ordinance, the usable floor area is only that area having at least four feet clear height between floor and ceiling.
(82) Street: Is a public thoroughfare which affords the principal means of access to abutting property.
(83) Structure: Is anything constructed or erected, the use of which requires location on the ground or attachment to something having location on the ground.
(84) Temporary Use or Building: Is a use or building permitted by the Board of Appeals to exist during periods of construction of the main building or use, or for special events.
(85) Tent: Any structure used for living or sleeping purposes, or for sheltering a public gathering constructed wholly or in part from canvas, tarpaulin, or other similar materials and shall include: shelter provided for circuses, carnivals, side shows, revival meetings, camp meetings, and all similar meetings or exhibitions in temporary structures.
(86) Trailer:
A. (Mobile Home): is a detached single-family dwelling to be located on foundation supports, designed for long-term occupancy, and containing sleeping accommodations, a flush toilet, a tub or shower bath, and kitchen facilities, including major appliances and furniture, with plumbing and electrical connections provided for attachment to outside systems; and designed to be transported after fabrication on its own wheels, or on flatbed or other trailers or detachable wheels.
B. (Recreation Vehicle): Includes travel trailers, campers, camp car, truck campers, boats and boat trailers.
(87) Trailer Court: (Mobile Home Park) Any plat of ground upon which two or more trailer coaches or mobile homes occupied for dwelling or sleeping purposes may be located.
(88) Use: Is 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.
(89) Variance: Is 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.
(90) Yards: The open spaces on the same lot with a main building, unoccupied and unobstructed from the ground upward except as otherwise provided in this Ordinance as defined herein:
A. Front Yard: Is an open space extending the full width of the lot, the depth of which is the minimum horizontal distance between the front lot line and the nearest point of the main building.
B. Rear Yard: Is 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 main building.
C. Side Yard: Is 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.
(Ord. 0-9-71. Passed 12-23-71.)
(Ord. 0-9-71. Passed 12-23-71.)