§ 1260.04 DEFINITIONS.
   (A)   As used in this Zoning Code:
      (1)   The word “lot” includes the word “plot” and “parcel”.
      (2)   The words “occupied” or “used”, as applied to any building or premises, shall be construed as though followed by the words, “or intended, arranged or designed to be occupied or used”.
      (3)   The word “shall” is a mandatory requirement, the word “may” is a permissive requirement, and the word “should” is a preferred requirement.
      (4)   All distances are horizontal measurements unless otherwise specified.
   (B)   Terms not herein defined shall have the meaning customarily assigned to them.
      “Accessory use” or “accessory building.” Means a use or a building customarily incident to and located on the same lot with another use or building.
      “Adult entertainment business.” Means a business establishment or enterprise which presents material or performances that have an emphasis on entertainment which shows, depicts or displays the human body in less than completely and opaquely covered human genitals, the pubic region, buttocks or a female breast below a point immediately above the top of the areola, or human male genitals in a discernable turgid state, even if completely or opaquely covered.
      “Appeal.” Means an application to the Board of Zoning Appeals for the purpose of requesting a review of any order, requirement, decision, interpretation or determination made by the City Zoning Administrator.
      “Building.” Includes the word “structure”.
      “Building Commissioner.” Includes all persons succeeding him or her, by whatever title known, in the duties and powers provided for him or her by this Zoning Code.
      “Building height.” Means the vertical distance measured at the centerline of its principal front, from the finished grade or from the natural grade, if higher than the established grade, to the level of the highest point in the coping of flat roofs or to the deck line of a mansard roof or to the mean height of the highest gable of a pitched roof or to half the height of a hipped roof. Where no roof beams exist or there are structures wholly or partly above the roof, the height shall be measured to the level of the highest point of the building. (See Figure A following the text of this chapter.)
      “Building line.” Means a line parallel to the street right-of-way at a distance therefrom equal to the depth of the front yard required for the zoning district in which the lot is located.
      “Central distribution station.” Means a structure which houses the operation of the distribution of durable goods.
      “Child day-care center.” Has the same meaning as that contained in Ohio R.C. 5104.01(C).
      “Church.” Means a building, including a temple or other place of religious worship, together with its accessory buildings and uses, which is maintained and controlled by an organized religious body, where persons regularly assemble for religious worship. Rescue missions, tent revivals and temporary assemblies are not included in this definition.
      “Cluster development.” Means a community technique in which groups of buildings are erected in close proximity to one another, making shared use of the space between the buildings for recreational areas, vest pocket parks, and the like. Dwelling units are situated in groups on sites that are smaller than normal in size, while the remaining land area is used as a common area offering facilities and amenities for common use. The objective of a “cluster development” is to permit denser development and thus make the most productive and most efficient use of available land. In addition to shared use of recreational space, there are savings in parking space, operating expenses, and the like.
      “Community garage.” Means a building or part of a building used for the storage of passenger automobiles of tenants of an apartment building, without ordinary maintenance services on such vehicles if located in a B-1 or higher use district.
      “Condominium.” Means 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.
      “Dwelling.” Means any building, structure, or portion thereof, which is used exclusively for human habitation.
      “Dwelling unit.” Means one or more rooms designed, occupied or intended for occupancy as separate living quarters, with cooking, sleeping and sanitary facilities provided within the dwelling unit for the exclusive use of a single family maintaining a household.
      “Established grade.” Means the elevation of the street curb as fixed by a city ordinance, or the Engineer’s grade as shown by a plat or profile.
      “Establishment.” When used in the context of a business, means the opening of a new business, the relocation of an existing business or the conversion of an existing business.
      “Family.” Means any number of individuals living, sleeping, cooking and eating together on premises as a single housekeeping unit, provided that such term shall not include any group of individuals in excess of four in number, the majority of whom are not related to one another, either by consanguinity or propinquity.
      “Finished grade.” Means the elevation of the finished surface of the ground adjoining a building after final grading and normal settling.
      “Gasoline service station.” Means a building or part of a building or structure, or space, used for retail sale of gasoline, lubricants and motor vehicle accessories, and for minor services and repairs not accompanied by objectionable noise, fumes or odor.
      “Gross floor area.” Means the sum of the gross horizontal areas of the several floors of a building measured from the exterior face of exterior walls or from the centerline of a wall separating two buildings, but not including interior parking spaces, loading space for motor vehicles, or any space where the floor-to- ceiling height is less than six feet.
      “Group residence for developmentally disabled persons.” Means a state-licensed group living arrangement of not more than six developmentally disabled persons under 24 hour professional care, in addition to resident professional caretakers, who live together as a single housekeeping unit with no more than two individuals occupying any one bedroom in a single-family dwelling which shall remain similar in appearance to other typical houses in the neighborhood.
      “Hard surface for driveways or parking areas.” Means a smoothly graded, stabilized base and dustless surface constructed of either asphalt or concrete (oil or chemical treatment is prohibited) in a manner and thickness approved by the Building Commissioner.
      “Home occupation.” Means an activity carried out for gain by a resident, conducted as an accessory use in the resident’s dwelling unit.
      “Hotel.” Means a building or part thereof operated as a public inn and containing ten or more guest rooms without provisions for cooking in a guest room. Permanent occupancy is not permitted.
      “Landscaping.” Means the preservation of natural features (streams, ravines) and original vegetation (trees, shrubs) when possible and/or the addition of natural materials, “soft landscape” elements (trees, shrubs, vegetative ground cover) and “hard landscape” elements (fences, walls, signage, sidewalks). “Landscaping” normally preserves natural features, buffers dissimilar land uses, screens objectionable views (parking lots, dumpsters, junk yards), reduces erosion potential by stabilizing topsoil, breaks up large expanses of paving, and provides a naturalized setting for buildings by providing foundation plantings when applicable.
      “Least dimension of a yard.” Means the least of the horizontal dimensions of such yard. If two opposite sides of a yard are not parallel, the horizontal dimensions between them shall be deemed to be the mean distance between them.
      “Lot” or “parcel.” Means a division of land separated from other divisions by description on a recorded subdivision plat or a recorded survey map or by metes and bounds, for purposes of sale, lease or separate use.
      “Main building.” Means a building occupied by the chief use or activity on the premises.
      “Modification.” Means changes to a development proposal, required by the Planning Commission or City Council, that are required within the limits of this Zoning Code, that must be carried out by the applicant in order for the approval of the appropriate body to be considered valid.
      “Motel.” Means and is to be treated the same as a hotel.
      “Motor vehicle.” Means a passenger automobile unless otherwise designated.
      “Multi-family dwelling.” Means a dwelling consisting of three or more dwelling units. (See Figure B following the text of this chapter.)
      “Natural grade.” Means the elevation of the undisturbed natural surface of the ground adjoining the building.
      “Net floor area.” Means the total of all floor areas of a building, excluding stairwells and elevator shafts, equipment rooms, interior vehicular parking or loading areas, and all floors below the first or ground floor, except when used or intended to be used for human habitation or service to the public.
      “Nonconforming use.” Means a use that does not comply with the regulations for the use district in which it is situated.
      “Nonconformities.” Means 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 this Zoning Code or its amendments or which do not conform to the regulations of the district or zone in which they are situated.
      “Nursery school.” Means a pre-kindergarten school for young children and includes, but is not limited to, “child day-care center”.
      “Performance.” Means the public exhibition of a skill, including, but not limited to, dramatics, dance and music.
      “Person.” Includes “firm”, “association”, “organization”, “partnership”, “trust”, “company” or “corporation” as well as an individual.
      “Presents.” Means creates, produces, directs, publishes, advertises, sells, rents, disseminates, distributes or displays.
      “Private garage.” Means an accessory building for the storage of passenger automobiles and in which no occupation, business or service for profit is carried on.
      “Projection.” Means that part or feature of a building which extends or projects outside of the enclosing walls.
      “Public notice of a hearing or proceeding.” Means 14 days’ notice of the time and place thereof printed in a newspaper of general circulation in the municipality.
      “Repair garage.” Means a building or part of a building used for general repairs to motor vehicles.
      “Restaurant”, “lounge”, “eating place” and “dining place.” Have their normal and common meaning as a business or establishment where either food or beverages (including, but not limited to, alcoholic beverages) are served, but shall not include any business or establishment where any waiter, waitress, entertainer, server or employee either exposes or displays his or her genitals, pubic hair, buttocks, perineum, anal region or pubic hair region, or exposes or displays any device, costume or covering which gives the appearance of or simulates the genitals, pubic hair, buttocks, perineum, anal region or pubic hair region, or exposes or displays any portion of the female breast at or below the areola thereof.
      “Setback line.” Means that line that is the required minimum distance from the street right-of-way or any other lot line that establishes the area within which the principal or accessory structures must be erected or placed.
      “Single-family detached dwelling.” Means a dwelling separated from other dwellings by open space, not attached by any means, and meant to be occupied by a single family. (See Figure B following the text of this chapter.)
      “Storage garage.” Means a building or part of a building, other than a private garage or a community garage, used for the storage of any kind of motor vehicle, with or without ordinary maintenance services on such vehicles or sale of accessories.
      “Street line.” Means, at any level, the wall or part of the building nearest the street line.
      “Structure.” Means a combination of materials forming a construction for use, occupancy or ornamentation, whether installed on, above or below the surface of land or water.
      “Townhouse.” Means a dwelling unit that shares at least one common or party wall with another unit and is usually comprised of two stories intended for the private use of a single family or individual and containing all the necessary facilities and amenities. “Townhouse units” generally are cluster housing developments in which land surrounding the housing units is owned in common by the dwelling unit owners. If the unit is part of a condominium development, each owner will have a fractional interest in common areas, such as the open space surrounding the buildings, recreational amenities and the like.
      “Training school.” Means either:
         (a)   A higher education facility primarily teaching usable skills through practical vocational, technical and/or academic instruction to prepare students for employment, or furthering professional skills; and/or
         (b)   A child day-care center.
      “Type A family day-care home.” Has the same meaning as that contained in Ohio R.C. 5104.01(D).
      “Type B family day-care home.” Has the same meaning as that contained in Ohio R.C. 5104.01(E).
      “Two-family dwelling.” Means a structure, on a single lot, containing two dwelling units, each of which is totally separated from the other by a fireproof party wall. (See Figure B following the text of this chapter.)
      “Variance.” Means a modification of the strict terms of the relevant regulations where such modification will not be contrary to the public interest and where, owing to conditions peculiar to the property and not as a result of the action of the applicant, a literal enforcement of the regulations would result in unnecessary and undue hardship.
      “Yard.” Means a required open space, other than a court, unoccupied and unobstructed by any structure or portion of a structure.
      “Yard/front.” Means the open, unoccupied space between the front line of the main building and the front lot line. (See Figures C and D following the text of this chapter.)
      “Yard/side.” Means the open, unoccupied space between the main building and side line of the lot and extending through from the street or from the front yard to the rear yard or to the rear line of the lot. Any lot line that is not a rear or front line shall be deemed a “side line”. (See Figures C and D following the text of this chapter.)
      “Yard/rear.” Means the open, unoccupied space between the rear line of the main building and the rear lot line. (See Figures C and D following the text of this chapter.)
(Ord. 37-91, passed 7-22-1991; Ord. 29-93, passed 6-7-1993; Ord. 220-98, passed 3-15-1999)