(A) For the purpose of this chapter, certain terms are hereby defined. Words used in the present tense shall include the future. The singular number shall include the plural, and the plural, the singular. The word “shall” is mandatory and directory. The word “building” shall include the word “structure.” The word “used” shall include the words “arranged,” “designed,” “constructed,” “altered,” “converted” or “intended to be used”. The word “person” shall mean in addition to an individual, a firm, corporation, association, or any legal entity which may own and/or use land or buildings.
(B) For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ACCESSORY BUILDING. A building (such as a garage) on the same lot and of a nature customarily incidental and subordinate to the main structure.
ACCESSORY SOLAR ENERGY SYSTEM. A conditionally permitted use and means a ground mounted solar energy system having a combined faceplate capacity of less than 500 kW AC or less shall be conditionally permitted in all zoning districts and shall meet all accessory use/accessory building requirements of § 153.019, Supplementary Regulations. Commercial solar energy systems having a combined faceplate capacity of 500 kW AC or more shall be a conditionally permitted use in I-1 and I-2 zoning districts and shall meet all accessory use/accessory building requirements of § 153.019, Supplementary Regulations. Solar energy system regulations are shown in Chapter 154 of Village Codified Ordinances.
ACCESSORY USE. A use on the same lot and of a nature incidental and subordinate to the main use of the principal structure or land. In buildings restricted to residential use, the office of a professional individual, and workshops not conducted for compensation shall be deemed ACCESSORY USES. In commercial, institutional, and industrial areas, parking lots are ACCESSORY USES. A TV satellite dish is an ACCESSORY USE.
AGRICULTURE. The use of land for agricultural purposes, including farming, pasturing, dairying, agricultural horticulture, floriculture, viticulture, and animal and poultry husbandry, and the necessary accessory uses for packaging, treating and storing the produce, provided that the operation of such accessory use be secondary to the normal agricultural activities, and provided that the above uses shall not include the commercial feeding of garbage or offals to swine or other animals. A use shall be classified agricultural only if agriculture is the principal or main use of the land.
ALLEY. A public thoroughfare which affords only a secondary means of access to a lot of abutting property.
ALTERATIONS. As applied to a building or structure, a change or rearrangement in the structural parts or in the exit facilities, or an enlargement, whether by extending on a side or by increasing in height, or the moving from one location or position to another.
APARTMENT. See DWELLING.
APPEAL. A request for a review of the Village Zoning Inspector’s interpretation of any provision of this chapter or a request for a variance.
AREA OF SHALLOW FLOODING. A designated AO or AH zone on a community’s flood insurance rate map (FIRM) with a 1% or greater annual chance of flooding to an average depth of one to three feet where a clearly defined channel does not exist, where the path of flooding is unpredictable, and
where velocity flow may be evident. Such flooding is characterized by ponding or sheet flow.
AREA OF SPECIAL FLOOD HAZARD. The land in a flood plain within a community subject to a 1% or greater chance of flooding in any given year. AREAS OF SPECIAL FLOOD HAZARD are designated by the Federal Emergency Management Agency as Zones A, AE, AH, AO, A1-30 and A99.
ASSISTED LIVING FACILITY. A premise in which food, shelter, and personal assistance or supervision are provided for a period exceeding 24 hours for four or more adults who are not relatives of the operator, who do not require the services in or of a long term care facility, but who do require assistance or supervision in matters such as dressing, bathing, diet, financial management, evacuation of a residence in the event of an emergency, or medication prescribed for self-administration, but not including drug or alcohol rehabilitation or court adjudicated felons or misdemeanants.
AUTOMOTIVE REPAIR. The repair, building or reconditioning of motor vehicles or parts thereof, including collision service, painting and steam cleaning of vehicles.
AUTOMOBILE SERVICE STATION. A place where gasoline, kerosene or any other motor fuel or lubricating fluid or grease for the operating of motor vehicles is offered for sale to the public, and deliveries are made directly into the motor vehicles, including greasing and oiling on premises
AUTOMOTIVE SALES. The sale or rental of new or used motor vehicles or trailers.
AUTOMOBILE WRECKING YARD. The use of more than 100 square feet of any land, building or structure for the purpose of wrecking, dismantling or storing any abandoned motor vehicle, except that this shall not include casual non-commercial repair of vehicles customarily housed at that premises.
BASE FLOOD. A flood having a 1% chance of being equal or exceeded in any given year. A BASE FLOOD may also be referred to as the 1% chance annual flood or 100-year flood.
BASEMENT. Any area of a building having its floor subgrade (below ground level) on all sides. A BASEMENT shall not be counted as a story for height purposes.
BED AND BREAKFAST INN. A facility that provides overnight accommodations and is operated primarily for a business even though the owner may live on the premises. Bed and breakfast inns must obtain all required commercial license.
BEGINNING OF CONSTRUCTION. The incorporation of labor and materials for foundation installation in new buildings and when within the wall of a building being altered.
BOARD. The Zoning Board of Appeals of the Village of Brewster as created by this chapter.
BOARDING HOUSE. A building other than a hotel or motel where for compensation, by the week or month, meals or lodging and meals, is provided for at least three, but not more than 20 persons.
BODIES OF WATER. Any mass or accumulation of water lying or flowing within or through a natural or manmade depression in the earth, including, but not limited to, streams, creeks, rivers, ponds, lakes and reservoirs; and not including approved drainage ditches and culverts, storm sewers, retention basins and other depressions designed solely for the temporary runoff and/or temporary accumulation of storm water and not including swimming pools. The area of bodies of water as defined herein shall include the outer edges or banks or shoreline of the depression wherein the water lies or flows.
BUFFER. The portion of a lot or parcel of land to be preserved as open space which may be required along the common property line(s) of two incompatible land uses.
BUFFER YARD. A strip of ground running along the property line between adjacent districts consisting of one or more physical barriers such as fencing, walls, plant materials or earth mound and is designed to improve the quality of the district and to protect any adjacent neighbor from offensive unsafe or unhealthy conditions
BUILDING. Any structure having a roof supported by columns or by walls, intended for the shelter, housing or enclosure of persons, animals or chattels.
BUILDING, FRONT LINE OF. The line of that face of the building nearest the front line of the lot. This face includes porches whether enclosed or unenclosed, but does not include the steps.
BUILDING LINES. The line defining the minimum front, side and rear requirements outside of which no building or structure may be located, except as otherwise provided herein.
BUILDING, PRINCIPAL. The building on a lot used to accommodate the primary use to which the premises is devoted.
BUILDING SIGNS. A sign which identifies the business or profession conducted, or the principal products sold upon the premises. No permit is necessary for a sign located within a completely enclosed building.
BUSINESS SERVICES. Any activity for gain which renders services primarily to other commercial or industrial enterprises, or which services and repairs appliances and machines used in homes or businesses.
CAR WASH FACILITY. An establishment for the washing of automobiles, motorcycles and trucks of one-ton rating or less which involves automatically controlled or hand washing operations attended on the premises by employees of the operation at all times during designated hours of business.
CAR WASH FACILITY, SELF-SERVICE. An establishment for the washing of automobiles, motorcycles and trucks of one-ton rating or less done by the customer and ordinarily not attended by employees of the business.
CARPORT. A covered automobile parking space not completely enclosed by walls or doors. A CARPORT shall be subject to all provisions in these regulations for a private garage or accessory building.
CEMETERY. Land used or intended to be used for the burial of human or animal dead and dedicated for cemetery purposes, including crematories, mausoleums and mortuaries, if operated in connection with and within the boundaries of such cemetery.
CLINIC. An establishment devoted to the medical diagnosis, treatment and care of human outpatients by a physician or group of physicians.
CLUB. A building or portion thereof or premises owned or operated by a corporation, association, person or persons for a social, educational or recreational purpose, but not primarily for profit or to render a service which is customarily carried on as a business.
CHILDREN'S TOY PLAYHOUSE. A temporary toy house that is easily movable for children to play in.
CHURCH. An institution where persons sharing the same faith, and observance of ceremonies and doctrines assemble regularly for worship, congregation, study and instruction for religious purposes.
COLLEGE. An institution established for the instruction and teaching of students already having fulfilled the requirements for compulsory education as defined in R.C. § 3321.04. A college shall also possess certification of the State of Ohio to issue academic degrees.
COMMERCIAL ENTERTAINMENT FACILITIES. Any activity conducted for gain which is generally related to the entertainment field, such as motion picture theaters, carnivals, night clubs and similar entertainment activities.
COMMISSION. Village Planning Commission.
COMPOSTING FACILITY. A device or area designed for the biological reclamation of organic materials by a natural decomposition process. Household compost includes such things as leaves, plant refuse, vegetable parings, lawn clippings and non-greasy food waste. Compost within the facility is to be periodically "turned" to aerate the mass and mix the material for better decomposition.
CONDITIONAL USE. A use which is subject to conditional approval by the Village Planning Commission. A CONDITIONAL USE may be granted by the Village Planning Commission only when there is a specified provision for such special exceptions made in the Village Zoning Code. A CONDITIONAL USE is not considered to be a nonconforming use.
CONDOMINIUM ASSOCIATION. A community association which administers and maintains the common property and common elements of a condominium.
CONDOMINIUMS. A building, or group of buildings, in which units are owned individually, and the structure, common areas and facilities are owned by all the owners on a proportional, undivided basis. Real estate is not a CONDOMINIUM unless the undivided interests in the common elements are vested in the unit owners. Both residential condominiums and commercial condominiums exist, however, for purposes of this chapter, residential are only hereto defined. Commercial condos will be handled as any other commercial or business property.
COURT. An open, unoccupied and unobstructed space, other than a yard, on the same lot with a building or group of buildings.
COUNCIL. The Village Council of Brewster, Ohio
CONVALESCENT HOME. A rest home or boarding home for the aged or mentally or physically infirmed conducted within an abode, building, institutional residence or a home used for the reception and care, for a consideration, of three or more persons who, by reason of age or mental or physical infirmities, are not capable of properly caring for themselves, or who are 65 years of age or more, and for which a license has been issued by the State Department of Public Welfare.
DENSITY. The number of families residing on, or dwelling units developed on, a gross acre of land.
DEVELOPMENT. Any human-made change to improved or unimproved real estate, including, but not limited to, buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations or storage of equipment or materials.
DEVELOPMENT PERMIT. A permit obtained from the Village Planning Commission for construction or development within a special flood hazard area in the village.
DISCARDED MOTOR VEHICLE. Any inoperable motor propelled vehicle or accessory to the same, which is in the process of being wrecked, dismantled or openly stored and which does not have a license thereon which is valid or was not valid more than six months previous.
DISTRICT. Administrative tracts designating the uses to which land can legally be utilized. Boundaries of the districts are shown on the “Zoning Map” which is part of this code.
DISTRICT, MORE RESTRICTED OR LESS RESTRICTED. Each of the districts in the following list shall be deemed to be more restricted than any of the districts succeeding it, and each shall
be deemed to be less restricted than any of the districts preceding it: R-1, R-2, R-3, R-4, R-5, A-1, B-1, B-2, I-1, I-2, and F-P.
DRIVE-IN, COMMERCIAL USES. Any retail commercial use providing for considerable off-street parking and catering primarily to vehicular trade such as drive-in restaurants, drive-in theaters, drive-up and carry-out stores, and similar uses.
DUMP. A lot or land or part thereof used primarily for the disposal by abandonment, dumping, burial, burning or any other means and for whatever purpose, or garbage, sewage, trash, refuse, junk, discarded machinery, vehicles or parts thereof, or waste material of any kind.
DWELLING. Any building, or portion thereof, which is designed or used primarily for residence purposes, including one-family, two-family and multi-family, but not including hotels, motels, boarding houses, lodging houses, tourist dwelling, trailer, house trailer or mobile home. Said dwellings shall be constructed to the County Building Code 1, 2 and 3. An attached garage for the purposes of determining the front, side and rear yards shall be considered part of the DWELLING.
(a) DWELLING, GROUP. A group of single-family, two-family or multi-family dwellings, or their combination, located on one lot around a common court or courts.
(b) DWELLING, MULTI-FAMILY. A dwelling designed for or occupied by three or more families living independently of each other.
(c) DWELLING, SINGLE-FAMILY. A dwelling designed for or used exclusively for residence purposes for one family.
(d) DWELLING, TWO- FAMILY. A building designed and used exclusively for residence purposes for two families living independently of each other.
(e) DWELLING UNIT. One or more rooms providing complete living facilities for one family, including equipment for cooking, or provisions for the same, and including rooms or rooms for living, sleeping and eating.
ESSENTIAL SERVICES. The erection, construction, alteration or maintenance, by public utilities or municipal or other governmental agencies of underground gas, electrical or water transmission or distribution systems, collection, communication, supply or disposal systems, including poles, wires, mains, drains, sewers, pipes, traffic signals, hydrants, cable television wires and other similar equipment and accessories in connection therewith, reasonably necessary for the furnishing of adequate service by such public utilities or municipal or other governmental agencies or the public health or safety or general welfare, but not including buildings.
FAMILY. One or more persons occupying a dwelling unit and living as a single housekeeping unit, whether or not related to each other by birth or marriage, as distinguished from a group occupying a boarding house, lodging house, hotel, tourist dwelling, a sorority or fraternity. A FAMILY may also include servants and gratuitous guests.
FAST FOOD RESTAURANT. Any restaurant whose service or facility is designed for food or drinks to be obtained over the counter by persons desiring quick service and the option to carry-out their food order. Any restaurant where food or drinks are to be consumed by persons in vehicles parked on the premises is included. Drive-thru facilities are not included in this definition.
FEDERAL EMERGENCY MANAGEMENT AGENCY (FEMA). The agency with the overall responsibility for administering the National Flood Insurance Program.
FLEA MARKET. A facility where individual vendors rent, lease or acquire space from the owner or operator of the facility to display and/or sell merchandise, goods or services to the general public.
FLOOD or FLOODING. The general and temporary condition of partial or complete inundation of normally dry land areas from:
(a) The overflow of inland or tidal waters; and/or
(b) The unusual and rapid accumulation or runoff of surface waters from any source.
FLOOD CREST. The maximum elevation reached by flood waters at a given location.
FLOOD INSURANCE RATE MAP (FIRM). An official map on which FEMA or the U.S. Department of Housing and Urban Development has delineated the areas of special flood hazards.
FLOOD INSURANCE STUDY. The official report in which FEMA or the U.S. Department of Housing and Urban Development has provided flood profiles, floodway boundaries and the water surface elevations of the base flood.
FLOOD PLAIN. That portion of a river or creek valley adjacent to the river or creek channel which is covered by water when the river or creek overflows its banks at flood stage.
FLOOD PROOFING. The preparing of a building to withstand flood waters without damaging the living or working areas.
FLOODWAY. The channel of a river or other watercourse and the adjacent land areas that must be reserved in order to pass the base flood discharge. A FLOODWAY is typically determined through hydraulic and hydrologic engineering analysis such that the cumulative increase in the water surface elevation of the base flood discharge is no more than a designated height. In no case shall the designated height be more than one foot at any point within the community. The FLOODWAY is an extremely hazardous area, and is usually characterized by any of the following: moderate to high velocity flood waters, high potential for debris and projectile impacts, and moderate to high erosion forces.
FLOOR AREA. The sum of the gross horizontal areas of the one or several floors of a building, measured from the exterior walls or from the center line of common walls separating two buildings. FLOOR AREA, for the purposes of these regulations, shall not include basement, garage, elevator and stair bulkheads, attic space, terraces, breezeways, open porches and uncovered steps.
FOOD PROCESSING. The preparation or processing of food products. Examples of activities included are bakeries and dairies.
FOUNDATION. The part of a structural system that supports and anchors the superstructure of a building and transmits its loads directly to the earth. To prevent damage from repeated freeze-thaw cycles, the bottom of the foundation must be below the frost line. A foundation shall be constructed in accordance with the Ohio Building Code.
FRONTAGE. All the property on one side of a street between two intersecting streets (crossing or terminating) measured at the setback building line, or if the street is dead-ended, then all the property abutting on one side between an intersecting street and the dead-end of the street.
FUNERAL HOME. An establishment for viewing of the body, and for funerals with facilities for the preparation of human dead for burial or cremation at a place other than the subject premises.
GARAGE, AUTO SERVICE. A building, or portion of a building, in which repairs are made to motor vehicles, and in which no painting of cars or fender or body work is done.
GARAGE, PRIVATE. An accessory building or an accessory portion of the main building, enclosed on all sides and designed or used for the shelter or storage of passenger vehicles and located on the same lot as the dwelling to which it is accessory.
GARAGE, PUBLIC. A building, or portion of a building, in which more than four motor vehicles
are, or intended to be, housed under arrangements made with patrons for renting or leasing such space and accommodation, and in which no repair work is performed.
GRADE, FINISHED. For buildings abutting one street only, the elevation of the sidewalk at the center of the wall facing the street (or elevation of the centerline of the street where no sidewalk exists). For buildings having walls facing more than one street, the average elevation of the sidewalk at the centers of all walls facing the streets. For buildings having no walls facing the street, an average level of the finished surface of the grounds adjacent to the exterior walls of the buildings. (Any wall approximately parallel to a street line is to be considered as a facing street.)
GRADE, NATURAL. The elevation of the undisturbed natural surface of the ground prior to any excavation or fill.
GRAFFITI. Any unauthorized inscription, word, figure, character or design which is marked, etched, scratched, drawn, applied or painted on any building, structure or premises. Unauthorized means that the inscription, word, figure, character or design is not a sign as defined in § 153.216.
GROSS ACRE. Land measure, measured on the horizontal plane, and including land occupied by all natural and human-made features of the landscape.
GROUP HOME. A residential facility that provides room and board, personal care, habilitation services, and supervision in a family setting for at least nine but not more than 16 persons with developmental disabilities, per state regulations.
GUEST HOUSE or ACCESSORY LIVING QUARTERS. Living quarters located on the second floor of a private garage for the use of persons employed on the premises, or for the temporary use by guests of the occupants of the premises. Such quarters shall have no kitchen facilities and shall not be rented or otherwise used as a separate dwelling.
HANDICAPPED PERSON. A person with a physical or mental impairment, as defined in 42 U.S.C. 3602 (h), that substantially limits one or more of such person's major life activities so that such person is incapable of living independently, has a record of such impairment, or is regarded as having such impairment.
HIGHWAY, MAJOR. A street or road of considerable continuity and used primarily as a traffic artery for intercommunication among large areas.
HISTORIC STRUCTURE. Any structure that is:
(a) Listed individually in the National Register of Historic Places which is maintained by the U.S. Department of the Interior, or is preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listings on the National Register;
(b) Certified or preliminarily determined by the Secretary of the Interior as contributing to the historical significance of a registered historic district or a district preliminarily determined by the Secretary to qualify as a registered historic district; and
(c) Individually listed on the state’s inventory of historic places maintained by the Ohio Historic Preservation Office.
HOME OCCUPATION. An accessory use of a service character customarily within a dwelling by only the residents thereof, which is clearly secondary to the use of the dwelling for living purposes, does not change the character thereof, and of which there is no exterior evidence other than a small name plate which shall not exceed one square foot in size, and which does not involve the keeping of a stock-in-trade in connection therewith. The practice of a single insurance or real estate salesman or other professional person, including an instructor in violin, piano or other individual musical instrument limited to a single pupil at a time, who offers skilled services to
clients, and is not professionally engaged in the purchase or sale of goods, shall be deemed to be home occupations; and the occupations of dressmaker, milliner or seamstress shall be deemed to be home occupations. Physician, surgeon, dentist, attorney or lawyer, dancing instruction, band instrument instruction in groups, tea rooms, tourist homes, beauty parlors, barbershops, convalescent homes, mortuary establishments and stores, trades or business of any kind not herein excepted shall not be deemed to be home occupations.
HOSPITAL. Any building or other structure containing beds for at least four patients and devoted to the medical diagnosis, treatment or other care of human ailments.
HOTEL. A building in which lodging or boarding and lodging are provided and offered to the public for compensation and in which ingress and egress to and from all rooms is made through an inside lobby or office supervised by a person in charge at all hours. As such, it is open to the public in contra-distinction to a boarding house or lodging house which are herein separately defined.
INSTITUTION. A building occupied by a nonprofit corporation or a nonprofit establishment for public use.
INTERMEDIATE REGIONAL FLOOD. A flood having an average frequency of occurrence in the order of once in 100 years although the flood may occur in any year.
JUNK YARD. The use of more than 25 square feet of any land, exclusive of area within buildings or structures, for private or commercial purposes where waste, discarded or salvaged materials such as scrap metals, used building materials, used lumber, used glass, discarded motor vehicles, paper, rags, rubber, cordage, barrels and so forth, are sold, stored for more than 15 days, bought, exchanged, baled, packed, sorted, disassembled, dismantled or handled.
KENNEL. Any structure or lot on which more than four dogs over six months of age are kept together in a residence for any purpose.
LAND USE PLAN. The long range plan for the desirable use of land in the area adopted by the Village Planning Commission; the purpose of such planning being, among other purposes, to serve as a guide in future development and zoning for the community.
LANDFILL. A method of solid waste disposal consisting of burying solid waste with intermittent layers of clean earth, compacted and covered daily.
LEGAL COUNSEL. An attorney representing a municipality.
LOADING SPACE. An off-street space or berth on the same lot with a building, or contiguous to a group of buildings, for the temporary parking of a commercial vehicle while loading or unloading merchandise or materials, and abuts upon a street, alley or other appropriate means of access.
LODGING HOUSE. A building where lodging only is provided by the week or month for compensation for three or more, but not more than 20 persons.
LOT. A piece, parcel or plot of land occupied by a principal building, or group of such buildings, and accessory buildings, or utilized for a principal use and uses accessory thereto, together with such open spaces and access to frontage on a public street, required by these regulations. A LOT may include more than one lot of record or a defined portion of a lot of record.
LOT AREA. The computed area contained within the lot lines. Where the lot has been conveyed to the center of the street, the area of the lot lying within the established street right-of-way shall not be included as part of the LOT AREA for the purpose of these regulations.
LOT, CORNER. A lot at the junction of and abutting upon two intersecting public streets.
LOT COVERAGE. The portion of the lot area that is covered by any buildings.
LOT DEPTH. The mean horizontal distance between the right-of-way of the street and the rear lot line.
LOT, DOUBLE FRONTAGE. A lot having a frontage on two non-intersecting streets, as distinguished from a corner lot.
LOT, INTERIOR. A lot other than a corner lot.
LOT LINE, FRONT. The line separating a lot from the street on which the lot fronts.
LOT LINE, REAR. The lot line opposite and most distant from the front lot line.
LOT LINE, SIDE. 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; a SIDE LOT LINE separating a lot from another lot or lots is called an INTERIOR SIDE LOT LINE.
LOT LINES. The property lines defining the limits of a lot.
LOT, MINIMUM AREA OF. The area of a lot computed exclusively of any portion of the right-of-way of any public thoroughfare.
LOT OF RECORD. A lot which is a part of a subdivision, the map of which has been recorded in the office of the Country Recorder; or a parcel of land, the deed of which was of record on or prior to the effective date of these regulations.
LOT, WIDTH OF. The width measured along the minimum building setback line.
LOWEST FLOOR. The lowest floor of the lowest enclosed area, including the basement, or a structure. An unfinished or flood resistant enclosure usable solely for the parking of vehicles, building access or storage, in an area other than a basement area, is not considered to a building’s LOWEST FLOOR, provided that such enclosure is built in accordance with applicable design requirements specified in this chapter for enclosures below the lowest floor.
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," 88 Stat. 700, 42 U.S.C.A. 5401, 5403, and that has a permanent label or tag affixed to it, as specified in 42 U.S.C.A. 5415, certifying compliance with all applicable federal construction and safety standards. (OAC 3781.06(C)(4)) A recreational vehicle is not a manufactured home.
MICROBREWERY/BREWPUB/CRAFT BREWERY. A brewery that produces beer in conjunction with a restaurant/bar use located on the property and is typically much smaller than large scale corporate breweries, is independently owned and generally characterized by their emphasis on quality, flavor and brewing technique.
MINIMUM BUILDING SETBACK LINE. A line parallel to the street right-of-way and at a distance therefrom equal to the required depth of the front yard, and extending the depth of the front yard, and extending across the full width of the lot. Where the street right-of-way line is not established, the right-of-way shall be assumed to be 60 feet.
MINI-WAREHOUSE, MINI-STORAGE FACILITY, PUBLIC STORAGE, SELF-CONTAINED STORAGE UNIT, STORAGE UNIT. A building or group of buildings in a controlled access and/or fenced compound containing varying sized
individual compartments, stalls or lockers for dead storage of a customer’s goods or wares.
MOBILE FOOD VENDING UNIT. Any mobile trailer or motorized vehicle that moves about the township and is designed to be self-contained, portable and not permanently attached to the ground from which the food within the confines of the mobile unit is then is peddled, vended, sold or given away.
MOBILE HOME/HOUSE TRAILER. A single-family dwelling, having been fabricated and designed for transportation on streets and highways on its own wheels or on flatbeds or other trailers from its point of origin, which arrives at the site where it is to be occupied as a dwelling complete and ready for occupancy, except for minor and incidental unpacking for assembly operations, location on jacks or permanent foundations, connection to utilities and the like. A mobile home is a structure that has a title. A mobile home is defined, but is not limited to, any structure that is defined as a "manufactured home" under the provisions of the Manufactured Housing Construction and Safety Standards of 1974, and any amendments or supplements thereof.
MODEL HOME. A residential dwelling which has been constructed in compliance with the Stark County Building Code for residential dwellings, is not presently for sale, and is temporarily used for the purpose of displaying and promoting the sale of other homes within a subdivision or other residential development in which the model home is located and does not promote other activities of the property owner.
MODULAR HOME. A prefabricated building or house that consists of multiple sections called modules, which differ from mobile homes and manufactured homes in that they do not have axles or a frame and do not have a title. A modular home is factory-built to state code. Modular homes will not have the red Certification Label but will have a label attached to the home stating the code to which it was built. A modular home is constructed of pre-made parts and unit modules that are assembled together on
site. Wall panels, trusses, and other pre-fabricated house parts are typically transported to their site by means of flat-bed trucks and must permanently be anchored to the outer perimeter of a frost free minimum eight-inch width permanent concrete foundation set on a concrete footer at a minimum depth of 36 inches.
MORE RESTRICTIVE. In reference to nonconforming use, the changing of a use to more nearly conform with the permitted use, thus increasing the requirements such as side yards, and the like, or generally increasing the compatibility of a nonconforming use to the requirements of the district in which it is located.
MOTEL. Any building or group of buildings containing sleeping rooms, with or without cooking facilities, designed as overnight sleeping quarters for automobile tourists or transients, with a parking space conveniently located to each unit, including auto courts, motor lodges and tourist courts.
MOTOR VEHICLE. Any powered vehicle which is required to be licensed by the state.
MOTOR VEHICLE FUEL DISPENSING FACILITY. A place where gasoline or alternative fuel/power/energy is sold at retail to the public and deliveries are made directly into or onto motor vehicles and no other motor vehicle service is performed. The sale of gasoline or other motor vehicle fuel, alternative power/energy under this definition must be the primary use. Retail grocery and/or convenience store sales are permitted. Vending machines and outdoor retail display do not constitute retail sales under this definition unless specifically approved by the Planning Commission.
NONCONFORMING USE. Any building or land lawfully occupied by a use on the effective date of this chapter or any amendment or supplement thereto, which does not conform to the use regulations of the district in which it is situated.
NEW CONSTRUCTION. Structures for which the start of construction commenced on or after
the initial effective date of the Village of Brewster’s Ohio Flood Insurance Rate Map # 390151D-0001C, effective on July 31, 1981, and includes any subsequent improvements to such structures.
PARKING SPACE. An off-street space or berth for the temporary parking of a vehicle for a period longer than required to load or unload persons or goods.
PLANNED UNIT RESIDENTIAL DEVELOPMENT. A planned integrated residential development of at least ten acres where minimum lot size and dwelling type may be modified somewhat to achieve particular design objectives and the economical provision of open space and utilities, and increase the overall density limitations of the district in which the planned unit residential development is located and complying with the other pertinent requirements of this chapter as interpreted by the Village Planning Commission. This is further defined in §§ 153.395 and 153.396.
PLANNING COMMISSION. The Village Planning Commission of Brewster.
PUBLIC UTILITY. Any person, firm, corporation, governmental agency or board fully authorized to furnish and furnishing to the public electricity, natural gas, steam, telephone, cable TV, transportation, water, wastewater or any other similar public utilities.
RECREATIONAL VEHICLE. A vehicle which is:
(a) Built on a single chassis;
(b) Four hundred square feet or less when measured at the largest horizontal projection;
(c) Designed to be self propelled or permanently towed by a light duly truck; and
(d) Designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel or seasonal use.
RESIDENTIAL FLOOR AREA. See FLOOR AREA.
RESORT. A lot or part thereof, together with buildings or structures, used primarily for the provision, on a commercial basis, of recreational activities and/or facilities normally for the use of persons housed on the premises during the time they are engaged in such activities or are utilizing such facilities. The term resort shall include dude ranch, guest ranch, spa or any other similar term.
RESTAURANT. Any establishment where food or drinks are primarily served by a waitress or waiter to the general public in a dining area for consumption within the principal building. Carry-out services must be accessory to the service by waitresses and waiters. Fast food restaurants, drive-thru facilities and vending machines are not included in this definition. (Ord. 90-84. Passed 7-9-84.)
RETIREMENT HOME. Residential unit, designed to be occupied exclusively by retired persons.
ROADSIDE STAND. A removable structure used solely by the owner or the tenant of a property on which it is located for the sale of seasonal agricultural products produced on the premises and to be removed and stored back of the building line on the property at the conclusion of the seasonal sales. No illuminated signs are to be used to advertise such products.
SCHOOL. Any public or private educational facility, including but not limited to, child day care facilities, nursery schools, preschools, kindergartens, elementary schools, primary schools, intermediate schools, junior high schools, middle schools, high schools, vocational schools, secondary schools, continuation schools, special education schools, junior colleges and universities.
SCREENING. Any combination of natural and man-made elements constructed along the common property line(s) of two incompatible land uses so as to provide a vertical barrier to reduce the
effect of noise pollution, air pollution, visual pollution, and artificial light glare generated by one structure, use or activity from adversely affecting another.
SETBACK LINE. A line established by this Zoning Code generally parallel to and measured from the lot lines, defining the limits of the required front, side and rear yards in which no building or structure may be located, except as otherwise provided in this Zoning Code.
SIGN. Any device designated to inform or attract the attention of persons not on the premises on which the sign is located.
SIGN, ACCESSORY. Any sign related to a business or profession conducted, or a commodity of service sold or offered upon the premises where the sign is located.
SIGN, ADVERTISING. A sign which directs attention to a business, profession, commodity or entertainment conducted, sold or offered elsewhere than upon the same lot.
SIGN, BUSINESS. A sign which directs attention to a business, professional commodity or entertainment conducted, sold or offered elsewhere on the same lot.
SIGN, ILLUMINATED. Any sign illuminated by electricity, gas or other artificial light including reflecting or phosphorescent light.
SIGN, LIGHTING DEVICE. Any light, string of lights or group of lights located or arranged so as to cast illumination on a sign.
SIGN, NON-ACCESSORY. Any sign unrelated to a business or profession conducted, or to a commodity or service sold or offered upon the premises where such sign is located.
SIGN, PROJECTING. Any sign which projects from the exterior of a building.
STANDARD PROJECT FLOOD. The flood that may be expected from the most severe combination of meteorological and hydrological conditions in the Sugar Creek drainage basin.
START OF CONSTRUCTION. The date the building permit was issued, provided the actual start of construction, repair, reconstruction, rehabilitation, addition, placement or other improvement was within 180 days of the permit date. The ACTUAL START means either the first placement of permanent construction of a structure on a site, such as the pouring of slab or footings, the installation of pilings, the construction of columns or any work beyond the stage of excavation; or the placement of a manufactured home on an approved foundation. Permanent construction does not include land preparation, such as clearing, grading and filling; nor does it include the installation of streets and/or walkways; nor does it include excavation of a basement, footings, piers or foundations or the erection of temporary forms; nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not as part of the main structure. For substantial improvement, the ACTUAL START OF CONSTRUCTION means the first alteration of any wall, ceiling, floor or other structural part of a building, whether or not the alteration affects the external dimensions of the building.
STORAGE UNIT, MINI-WAREHOUSE, MINI-STORAGE FACILITY, PUBLIC STORAGE, SELF-CONTAINED STORAGE UNIT. A building or group of buildings in a controlled access and/or fenced compound containing varying sized individual compartments, stalls or lockers for dead storage of a customer’s goods or wares.
STORY. The portion of a building, other than a basement, included between the surface of any floor and the surface of the next floor above it, or if there is no floor above it, then the space between the floor and the ceiling above it. A basement shall be counted as a STORY if it is used for living quarters, or if two-thirds of its volume is above the average level of the adjacent ground.
STORY, HALF. A space under a sloping roof which has the line of intersection of roof decking and wall face not more than three feet above the top floor level, and in which not more than two-thirds of the floor area is finished for use.
STREET, PUBLIC. A public thoroughfare which has been dedicated for public use or subject to public easements therefore, and which provides the principal means of access to abutting properties.
STREET, PRIVATE. A thoroughfare which affords principal means of access to abutting property, but which has not been dedicated to the public, or subject to public easements therefore.
STREET RIGHT-OF-WAY LINES. 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 topography or treatment, such as grade separation, landscaped areas, viaducts or bridges.
STRUCTURAL ALTERATIONS. Any change in the supporting members of a building, such as bearing walls or partitions, columns, beams or girders, or any increase on the area or cubical contents of a building.
STRUCTURE. Anything constructed or erected, the use of which requires permanent location on the ground or attached to something having a permanent location on the ground, including advertising signs, billboards, farmers roadside stands, but not including fences, or walls used as fences. Includes walled and roofed buildings, mobile homes, and gas or liquid storage tanks that are principally above ground.
SUBSTANTIAL DAMAGE. Damage of any origin sustained by a structure whereby cost of restoring the structure to its before damaged condition would equal or exceed 50% of the market value of the structure before the damaged occurred. SUBSTANTIAL DAMAGE also means flood related damage sustained by a structure on two separate
occasions during a ten-year period for which the cost of repairs at the time of each flood event, on the average, equals or exceeds 25% of the market value of the structure before the damaged occurred.
SUBSTANTIAL IMPROVEMENT.
(a) Any reconstruction, rehabilitation, addition or other improvement of a structure, the cost of which equals or exceeds 50% of the market value of the structure before the “start of construction” of the improvement. This term includes structures which have incurred “substantial damage,” regardless of the actual repair work performed.
(b) The term does not include:
1. Any project for improvement of a structure to correct existing violations of state or local health, sanitary or safety code specifications which have been identified prior to the application for a development permit by the local code enforcement official, and which are the minimum necessary to assure safe living conditions;
2. Any alteration of an historic structure listed on U.S. National Register of Historic Places or a State Inventory of Historic Places, provided that the alteration will preclude the structure’s continued designation as an “historic structure;” and
3. Any improvement to a structure which is considered new construction.
THOROUGHFARE. A street or alley.
TOURIST HOME. A building other than a hotel where lodging is provided and offered to the public for compensation for not more than ten individuals, and includes the serving of breakfast.
TRAILER or MOBILE HOME. Any vehicle or structure constructed in such a manner as to permit occupancy thereof for sleeping quarters or the conduct
of any business, trade or occupation, or use as a selling or advertising device, or machinery and so designed that it is or may be mounted on wheels and used as a conveyance on highways and streets, propelled or drawn by its own or other motor powers.
TRAILER PARK or MOBILE HOME PARK. A tract or parcel of land open to the public upon which spaces for trailers or mobile homes are provided for a consideration, whether for overnight, by the day, the week, the month or longer.
USE. The purpose for which a building or premises is or may be occupied. In the classification of uses, a USE may be as commonly understood or the name of an occupation, business, activity or operation carried on, or intended to be carried on in a building or premises, or the name of a building, place or thing which name indicates the use or intended use.
USEABLE OPEN SPACE. The required portion of a lot, excluding the required front yard area, which is unoccupied by principal or accessory buildings and available to all occupants of the building for use for recreational and other leisurely activities normally carried on outdoors. This space shall be unobstructed to the sky and shall not be devoted to service driveways or off-street parking or loading spaces, and shall be 20 feet in least dimension on the ground. Balconies at least four feet, six inches wide, roof areas which are improved, and side and rear yards which have fences or walls at least five feet high between the open space and adjacent property may also be counted as open space.
WIRELESS TELECOMMUNICATION FACILITY. A structure intended to support equipment used to transmit and/or receive telecommunication signals including monopoles, guyed and lattice construction steel structures. LATTICE TOWER means a support structure constructed of vertical metal struts and cross braces forming a triangular or square structure which often tapers from the foundation to the top. MONOPOLE means a support structure of a single, self supporting hollow metal lube securely anchored to a foundation. See §§ 153.230 through 153.239.
VARIANCE. A relaxation of requirements where such variation will not be contrary to the public interest, and where owing to conditions peculiar to a property and not the result of actions of the applicant, a literal enforcement of the Village Zoning Code would result in unnecessary and undue hardship.
VIOLATION. The failure of a structure or other development to be fully compliant with this chapter.
WALL, RETAINING. Any wall used to resist the lateral displacement of any material.
WIND ENERGY SYSTEM. A system designed to reduce the on-site consumption of municipal power and having a faceplate power capacity of 100 kW AC or less, and shall conform to the National Electric Code. Under no circumstance shall noncommercial wind energy systems provide power to off-site buildings, structures, uses or other electric power energy distribution systems (power grids) other than the village municipal power system. No experimental, home-built, or prototype wind energy systems shall be allowed without certification by a professional engineer licensed by the state. Wind energy systems regulations are shown in Chapter 154 of Village Codified Ordinances.
YARD. An open space at grade between a building and the adjoining lot lines unoccupied and unobstructed by any portion of a structure from the ground upward, except as otherwise provided herein. In measuring a YARD for the purpose of determining width of a side yard, the depth of a front yard or the depth of a rear yard, the minimum horizontal distance between the lot line and the main building shall be used.
YARD, FRONT. A yard extending across the front of a lot between the side lot lines and being the minimum distance between the street right-of-way and the main building or any projections thereof, other than the projections of uncovered steps, or unenclosed porches. Where the right-of-way is not established, the right-of-way will be assumed to be 60 feet.
YARD, REAR.
(a) A yard extending across the rear of a lot and being the required minimum horizontal distance between the rear lot line and the rear of the main building and any projection thereof, other than the projections of uncovered steps, or an unenclosed porch.
(b) On corner lots the rear yard shall be considered as parallel to the street upon which the lot has its least dimension. On both corner lots and interior lots the REAR YARD shall be in all cases at the opposite end of the lot from the front yard.
YARD, SIDE. A yard between the main building and the side lot line and extending from the required front yard to the required rear yard, and being the horizontal distance between a side lot and the side of the main building or any projections thereto.
ZERO LOT LINE. A developmental approach in which a building is sited on one lot with no side yard on one side.
ZONING CERTIFICATE. A document issued by the Village Zoning Inspector authorizing the use of the land or buildings.
ZONING DISTRICT MAP. The Zoning District Map or maps of the village together with all amendments subsequently adopted.
ZONING INSPECTOR. The Zoning Inspector or his or her representative duly authorized by the Village Council.
(Ord. 30-1974, Art. II, passed 7-15-1974; Ord. 30-1984, passed 10-15-1984; Ord. 6-1985, passed 4-15-1985; Ord. 19-1986, passed 9-2-1986; Ord. 14-1989, passed 5-1-1989; Ord. 22-2000, passed 7-17-2000; Ord. 26-2003, passed 6-2-2003; Ord. 31-2003, passed 7-7-2003; Ord. 08-2019, passed 1-7-2019; Ord. 11- 2020, passed 2-18-2020)