(a) Words used in this Planning and Zoning Code are used in their ordinary English usage.
(b) For the purpose of this Planning and Zoning Code the following terms, whenever used in this Planning and Zoning Code, shall have the meaning herein indicated:
(1) ACCESS DRIVE: A paved strip, which provides a vehicular connection between off-street parking spaces and a public street.
(2) ADULT DAY CARE FACILITY: An establishment that during any part of the normal business day provides supervised educational, recreational and social activities to elderly and/or handicapped adults, but not including persons suffering from acute or chronic alcoholism or other drug dependency and persons who regularly require restraint.
(3) AGRICULTURE: The cultivating of land for the raising or production of crops, flowers, vegetables, trees, ornamental plants, or grapes, and the necessary accessory structures for the packing, treating, or storing of produce; provided, however, that the operation of any such accessory structure shall be secondary to that of the normal agricultural activities.
(4) AIR POLLUTION: The presence in the outdoor atmosphere of one or more air contaminants in sufficient quantities and of such characteristics and duration as to be injurious to human, plant or animal life, to property, or which unreasonably interfere with the comfortable enjoyment of life or property.
(5) ASSOCIATION: A legal entity operating under recorded land agreements or contracts through which each unit owner in a planned residential development or multi-family development is a member and each dwelling unit is subject to charges for a proportionate share of the expenses of the organization’s activities such as maintaining common open space and other common areas and providing services needed for the development. An association can take the form of a homeowners’ association, community association, condominium association or other similar entity.
(6) AUTOMOBILE SALES AND RENTAL. An open area used for the display, sale or rental of new or used automobiles, and where no repair work is done except minor incidental repair or service, excluding body and fender work or spray painting of automobiles to be displayed, sold or rented on the premises.
(7) AUTOMOBILE SERVICE STATION (See also Gasoline Station): A building, part of a building, structure or space which is used for the retail sale of lubricants and motor vehicle accessories, the routine maintenance and service of vehicles and the making of repairs to motor vehicles. Repairs described as major repairs under VEHICLE REPAIR GARAGE shall not be permitted.
(8) BASEMENT: A portion of a building story all or partly underground having at least one-half of its height below the average finished grade.
(9) BED AND BREAKFAST ESTABLISHMENT: A single-family dwelling in which the principal use is for residential quarters and, as an accessory use, up to 3 guest bedrooms are made available for the purpose of temporary lodging where meals may be provided for compensation.
(10) BOARD: The Board Zoning of Appeals of the City of Bryan.
(11) BUFFER: A combination of physical space and vertical elements, such as plants, berms, fences, or walls, the purpose of which is to separate and screen incompatible land uses from each other.
(12) BUILDING: Any structure having one or more floors and a roof supported by columns or walls, and is designed or intended for the shelter or protection of persons, animals or property.
A. BUILDING, ACCESSORY: A subordinate building detached from, but located on the same lot as, the principal or main building, the use of which is incidental and accessory to the principal building or use and which is constructed subsequent to the principal building or main use of the land.
B. BUILDING, PRINCIPAL: A building occupied by the main use of the lot on which said building is located.
(13) BUILDING, HEIGHT OF: The vertical distance measured from the average elevation of the finished grade around the building to the highest point of the coping of a flat roof or to the deck lines of a mansard roof, or the mean height level between eaves and the ridge line of gable, hip or gambrel roofs. See Figure 1 below.
Figure 1.
Illustration for Determining Building Height
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(14) BUILDING LINE: An imaginary linear extension of the building parallel to the street right-of-way line defining the limits of the front yard, or in the case of a corner lot, the corner side yard.
(15) BUSINESS SERVICES: Any activity which renders services to other commercial or industrial enterprises or which services and repairs appliances and machines used in homes and businesses, but which involves only incidental retail sale for residential use.
(16) CARPORT: A structure to house or protect motor vehicles, which is open to the weather on at least 30 percent of the total area of its four (4) sides. A carport shall be subject to all the provisions prescribed in these regulations for a private garage.
(17) CAR WASH: A building or enclosed area that provides facilities for washing and cleaning motor vehicles, which may use production line methods with a conveyor, blower, or other mechanical devices and/or which may employ hand labor.
(18) CHILD DAY CARE: Administering to the needs of infants, toddlers, pre-school children, and school children outside of school hours by persons other than their parents or guardians, custodians, or relatives by blood, marriage, or adoption for any part of the 24 hour day in a place or residence other than a child's own home.
(19) CLINIC, MEDICAL: A building used for the care, diagnosis, and treatment of sick, ailing, infirm, or injured human patients by a group of physicians or dentists practicing medicine together, but where no surgery other than minor or emergency care is performed and where patients are not usually lodged overnight.
(20) COMMISSION: The Planning Commission of the City of Bryan.
(21) COMMON AREA: Any land area, and associated facilities, that is held in common ownership by the residents within a planned unit residential development through a homeowners’ association, community association or other legal entity, or which is held by the individual members of a condominium association as tenants-in-common.
(22) COMMON DRIVE: A private way, which provides vehicular access to at least two but not more than four dwelling units.
(23) CONDITIONAL USE CERTIFICATE: A permit issued by the Zoning Administrator upon approval by the Planning Commission and confirmation by Council to allow a use listed in the District regulations other than a use permitted by right to be established within the district on a specific parcel. See also; Use, Conditional.
(24) CONDOMINIUM: Ownership in common with others of a parcel of land and certain parts of a building together with individual ownership in fee of a particular unit in such building. Each individual has an absolute title to his or her unit, which may be sold, mortgaged or devised.
(25) CONGREGATE CARE FACILITY: A residential facility to provide for the needs of individuals who are elderly or handicapped. The facility shall consist of residential dwelling units designed specifically for the elderly or handicapped, and have common social, recreational, dining and food preparation facilities.
(26) CONTOUR: An imaginary line connecting all points with the same elevation above or below a fixed base point whose elevation is known.
(27) COUNCIL: The City Council of the City of Bryan.
(28) COUNTY: Williams County, Ohio.
(29) CROSSWALK: A public right-of-way 10 feet or more in width dedicated or permanently reserved across a block in order to provide pedestrian access to adjacent streets or properties.
(30) DAY CARE FACILITY: Any place other than a family day care home in which day care is provided for either adults or children.
(31) DENSITY: The number of dwelling units permitted per acre of land.
(32) DRAINAGEWAY: A depression across the ground surface that collects water runoff from surrounding land and carries it to a larger stream, or an underground pipe serving the same purpose.
(33) DRIVE-THRU FACILITY: Any portion of a building or structure from which business is transacted, or is capable of being transacted, directly with customers located in a motor vehicle during such business transactions. The term "drive-thru" shall also include "drive-up" and "drive-in" but shall not include Car Wash, Gasoline Station, and Automobile Service Station.
(34) DRIVEWAY, PRIVATE RESIDENCE: A paved drive extending from the street pavement to a private garage or garages on a residential lot which is used by residents of the lot for vehicular access to and from such street and for the temporary storage of registered and licensed motor vehicles.
(35) DWELLING: Any building or portion thereof, containing one or more dwelling units designed for or occupied exclusively for residential purposes, including single- family, two-family and multi-family dwellings as defined herein.
(36) DWELLING, ATTACHED SINGLE-FAMILY: Dwelling units that are structurally attached to one another, side by side, and erected as one building, each dwelling unit being separated from the adjoining unit or units by a party wall without openings extending from the basement floor to the roof and each such building being separated from any other building by space on all sides, and including such elements as separate ground floor entrances, services and attached garages.
(37) DWELLING, CLUSTER SINGLE-FAMILY DETACHED: A dwelling unit which is designed and used exclusively by one family and separated from all other dwelling units by open space from ground to sky, which is grouped with other dwelling units on a site in an arrangement. The cluster dwelling does not need to be located on its own subdivided lot, but shall comply with the spacing requirements for planned unit residential developments.
(38) DWELLING, DETACHED SINGLE-FAMILY: A dwelling unit designed and used for one (1) family situated on a lot having a front, side and rear yard and separated from all other dwelling units by open space from ground to sky. See also Figure 2.
Figure 2.
Detached Single-Family Dwellings.
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(39) DWELLING, MULTI-FAMILY: A dwelling designed for three (3) or more dwelling units, occupied by three (3) or more families living independently of each other where the units are separated by party walls with varying arrangements of entrances, and which does not meet the definition of attached single-family dwelling units.
(40) DWELLING, TWO-FAMILY: A dwelling, having the exterior appearance of a single-family house, designed for or converted to contain two (2) dwelling units, occupied by two (2) families living independently of each other.
(41) DWELLING UNIT: A group of rooms comprising living, dining, sleeping room or rooms, storage closets, as well as space and equipment for cooking, bathing and toilet facilities, all used by only one (1) family.
(42) EASEMENT: A right granted by the owner of land to other parties to use such land for a specific purpose, such as public utility lines or for access to other properties.
(43) FAMILY: One individual, any number of individuals related by blood, adoption or marriage plus no more than two (2) unrelated individuals; or not more than three (3) unrelated individuals occupying a dwelling unit and living as a single housekeeping unit, but not including groups occupying a hotel or motel as herein defined.
(44) FAMILY DAY CARE HOME, TYPE B: A permanent residence of the provider in which child day-care or child day-care services are provided for one to six children at one time and in which no more than three children may be under two years of age at one time. In counting children for the purposes of this division, any children under six years of age who are related to the provider and who are on the premises of the type B home shall be counted. "Type B family day-care home" does not include a residence in which the needs of children are administered to, if all of the children whose needs are being administered to are siblings of the same immediate family and the residence is the home of the siblings, nor does it include any child day camp.
(45) FARM IMPLEMENT/RECREATIONAL VEHICLE OR CONSTRUCTION EQUIPMENT SALES: Any establishment engaged in activities such as displaying, offering for sale and selling recreation vehicles, farm implements, and/or construction equipment and which may include operating an accessory service facility to perform repairs and maintenance on such vehicles, farm implements and construction equipment; offering for sale and selling recreation vehicle, farm implement or construction equipment parts at retail; and/or offering for sale and selling used recreation vehicles, farm implements and construction equipment at retail, but only as incidental to the sale of new vehicles and farm implements and/or construction equipment.
(46) FENCE: Any structure composed of wood, iron, steel, masonry, stone or other material and erected in such a manner and in such location as to enclose, secure, partially enclose or secure, provide privacy, decorate, define or enhance all or any part of any premises.
(47) FILL: Earth material excavated and deposited upon undisturbed earth in the process of grading.
(48) FLEET VEHICLES: Trucks, vans, and other vehicles, including motorized equipment, which are used as part of the operation of a principal use, but not including privately owned customer or employee vehicles.
(49) FLOOR AREA, DWELLING UNIT: The sum of the gross horizontal area of a building devoted to residential use measured from the exterior faces of exterior walls or from the center line of common walls separating two dwelling units. It shall not include unfinished basements, attached garages, attics, terraces, breezeways, open porches, and covered steps.
(50) FLOOR AREA, GROSS: The sum of the gross horizontal areas of all floors of a building, measured from the exterior faces of the exterior walls of a building or from the center line of a common wall separating two (2) or more units of a building, including accessory storage areas located within selling or working space, but not including space in cellars or basements, space in machinery penthouses or floor space used for accessory off-street parking. However, if the cellar or basement is used for business or commercial purposes, it shall be counted as floor area in computing off-street parking requirements.
(51) FOOD PROCESSING PLANT: A manufacturing plant designed to process food products, other than meat from live animals, for sale, which processing may include the cooking, baking, freezing, and packaging of such products.
(52) FUNERAL HOME: A building or part thereof used for human funeral services. Such building may contain space and facilities for: (a) embalming and the performance of other services used in preparation of the dead for burial; (b) the performance of autopsies and other surgical procedures; (c) the storage of caskets, funeral urns, and other related funeral supplies; and (d) the storage of funeral vehicles, but shall not include facilities for cremation. Where a funeral home is permitted, a funeral chapel shall also be permitted.
(53) GARAGE, PRIVATE: A detached accessory building or portion of the principal building designed to store motor vehicles and other normal household accessories of the residents of the principal building, with no facilities for mechanical service or repair of a commercial or public nature.
(54) GASOLINE STATION (See also Automobile Service Station): An establishment where liquids used as motor fuels are stored and dispersed into the fuel tanks of motor vehicles by an attendant or by persons other than the station attendant and may include facilities available for the sale of other retail products.
(55) GRADING: The act of excavation or filling or a combination thereof or any leveling to a smooth, horizontal or sloping surface on a property, but not including normal cultivation associated with an agricultural operation.
(56) HANDICAPPED: 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. However, "handicapped" shall not include current illegal use of or addiction to a controlled substance, nor shall it include any person whose residency in a home would constitute a direct threat to the health and safety of other individuals.
(57) HOME FOR HANDICAPPED PERSONS, FAMILY: A residential facility that provides room and board, personal care, rehabilitative or habilitative services, and supervision in a family setting for 4 to 8 handicapped persons. (See HANDICAPPED.) One to 3 persons, including resident staff, living in such a residential facility constitute a family for the purposes of this Zoning Ordinance (see FAMILY), and are not subject to the conditional use regulations for family homes. The term "family home for handicapped persons" does not include "halfway house" or other housing facilities serving as an alternative to incarceration, "nursing home", "rest home", "boarding house", "rooming house", "lodging house", "residential treatment home/center", "special care home" or any other such similar building or use of a building.
(58) HOME FOR HANDICAPPED PERSONS, GROUP: A residential facility that provides room and board, personal care, rehabilitative and habilitative services, and supervision in a family setting for at least 9 handicapped persons. (See HANDICAPPED.) The term "group home for handicapped persons" does not include "halfway house" or other housing facilities serving as an alternative to incarceration, "nursing home", "rest home", "boarding house", "rooming house", "lodging house", "residential treatment home/center", "special care home" or any other such similar building or use of a building.
(59) HOME OCCUPATION: An occupation conducted entirely within a dwelling, which is clearly incidental and secondary to the use of the building for dwelling purposes, and which is carried on by a person who resides in such dwelling unit.
(60) HOSPITAL: An institution specializing in health services primarily for in-patient medical or surgical care and emergency services for human patients, licensed by state law to provide facilities and services in surgery, obstetrics and general medical practice, including facilities for the care and treatment of mental and nervous disorders and other physical conditions or illnesses.
(61) HOSPITAL, ANIMAL: An establishment for the medical or surgical treatment of animals, including the boarding of animals incidental to the hospital use as well as the incidental boarding of animals not subject to medical or surgical treatment.
(62) HOTEL (OR MOTEL): A building in which lodging is provided and offered to the public for compensation on a daily rate and which is open to occupancy for periods of less than one week.
(63) IMPROVEMENTS: The furnishing of all materials, equipment, work and services, including plans and engineering services, staking and supervision, necessary to construct all the improvements required in the subdivision regulations set forth in this Planning and Zoning Code or any other improvements that may be provided by the proprietor. All such materials, equipment and services shall be provided at the proprietor’s cost and expense, although he/she may enter into a contract with individuals and firms to construct or complete such improvements.
(64) JUNK YARD: Any building or open area, or part thereof, used as a place to store, sell, exchange or dump partly dismantled, obsolete or wrecked vehicles or their parts, second hand building materials, junk or other salvaged material which is capable of being used again in some form.
(65) LANDSCAPED AREA: An area that is permanently devoted to and maintained for the growing of trees, shrubs, grass or other plant material.
(66) LOADING SPACE, OFF-STREET: An area located completely outside of any public right-of-way and on the same lot with a building or contiguous to a group of buildings, for the temporary parking of vehicles entering the premises for loading or unloading merchandise or materials.
(67) LOT: A parcel of land of sufficient size to meet the minimum zoning requirements for use, coverage and area and to provide such yards and other open spaces are herein required. The term "zoning lot" is used synonymously with "lot" in this Planning and Zoning Code. Such lot shall have frontage on an improved public street but not include any portion thereof, or any approved private street, and may consist of:
A. A single lot of record;
B. A portion of a lot of record;
C. A combination of complete lots of record, of complete lots of record and portions of lots of record, or of portions of lots of record.
(68) LOT AREA: The total horizontal area contained within the lot lines exclusive of any portion of the right-of-way of any public street.
(69) LOT COVERAGE: The ratio of total ground floor area of all buildings and parking on a lot to the horizontally projected area of the lot, expressed as a percentage.
(70) LOT DEPTH: The horizontal distance between the front lot line and rear lot line, measured within the lot boundaries.
(71) LOT FRONTAGE: That portion of the lot extending along the street right-of-way.
(72) LOT LINE: The boundary line defining the limits of the lot. Lot line is synonymous with "property line."
A. LOT LINE, FRONT: The line separating an interior lot from the street right-of- way on which the lot fronts. In the case of a corner lot, the front lot line separates the lot from the street upon which the major entrance of the building fronts.
B. LOT LINE, REAR: The lot line opposite and most distant from the front lot line; or in the case of triangular or otherwise irregularly shaped lots, a line 10 feet in length entirely within the lot, parallel to and at a maximum distance from the front lot line.
C. LOT LINE, SIDE: Any lot line other than a front or rear lot line.
(73) LOT OF RECORD: A lot which is part of a subdivision, the plat of which has been recorded in the office of the Williams County Recorder; or a lot or parcel, the deed to which has been so recorded prior to the adoption of this Planning and Zoning Code.
(74) LOT SPLIT: A creation of a new lot from a portion of an existing lot. See 1131.14 “Approval of Minor Subdivisions.”
(75) LOT TYPES: Terminology used in this Planning and Zoning Code with reference to corner lots, interior lots and through lots is as follows. See, also, Figure 3 for an illustration of lot types.
A. LOT, CORNER: A lot at the junction of and abutting on two (2) intersecting streets.
B. LOT, INTERIOR: A lot abutting or with frontage on only one street.
C. LOT, THROUGH: A lot other than a corner lot, having frontage on two streets, also called a double frontage lot.
Figure 3.
Illustration of Lot Types.
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(76) LOT WIDTH: The horizontal distance between the side lot lines, measured at right angles to the lot depth at the building line.
(77) MANUFACTURED HOME: A building unit or assembly of closed construction that is fabricated in an off-site facility for installation or assembly at the building site, designed to be used as a permanent dwelling unit, 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.
(78) MANUFACTURING, HEAVY: Manufacturing, processing, assembling, storing, testing, and similar industrial uses which are major operations and extensive in character; require large sites, open storage and service areas, extensive services and facilities, ready access to regional transportation; and which generate some nuisance such as smoke, noise, vibration, dust, glare, air pollution, and water pollution, but not beyond the district boundary.
(79) MANUFACTURING, LIGHT: Manufacturing or other industrial uses which are controlled operations; relatively clean, quiet, and free of objectionable or hazardous elements such as smoke, noise, odor, or dust; operating within enclosed structures with limited outdoor storage; and no nuisances.
(80) MARQUEE: A fixed shelter used only as a roof and extending beyond a building line, a building wall or street line, and which is supported by the building to which it is attached or which is freestanding.
(81) MEMBERSHIP CLUB: An incorporated or unincorporated association of persons organized for a common purpose to pursue common goals, interests, or activities and usually characterized by certain membership qualifications, payment of fees and dues, regular meetings, and a constitution and by-laws.
(82) MINI/SELF STORAGE: A self-service storage facility comprised of individual storage units available for rent restricted to personal, private access.
(83) MOBILE HOME: A building unit or assembly of closed construction that is fabricated in an off-site facility designed to be used as a dwelling but which does not qualify as a manufactured home as defined in division (C)(4) of section 3781.06 of the Revised Code or as an industrialized unit as defined in division (C)(3) of section 3781.06 of the Revised Code.
(84) MOTEL: See “HOTEL”.
(85) NONCONFORMITY: A lot, use of land, building, use of buildings, or use of buildings and land in combination lawfully existing at the time of enactment of this Planning and Zoning Code or its amendments, which do not conform to the regulations of the district or zone in which it is situated, and is therefore, incompatible.
A. NONCONFORMING BUILDING: A building existing lawfully when this Planning and Zoning Code, or any amendment thereto, became effective, but which does not conform to the regulations governing buildings and structures of the district in which it is located.
B. NONCONFORMING LOT: A lot lawfully existing on the effective date of this Planning and Zoning Code or any amendment thereto, which on such effective date, does not conform to the lot area, width or frontage requirements of the district in which it is located.
C. NONCONFORMING SITE CONDITION: Any structure lawfully existing on the effective date of this Planning and Zoning Code or any amendment thereto, which, on such effective date, does not conform to the yard regulations, parking requirements, sign regulations, landscaping or screening requirements or other development standards of the district in which it is situated.
D. NONCONFORMING USE: Any building or land lawfully occupied by a use on the effective date of this Planning and Zoning Code or any amendment thereto, which does not conform to the use regulations of the district in which it is situated.
(86) OCCUPANCY, CERTIFICATE OF: An official statement asserting that a given building, other structure or parcel of land is in compliance with the provisions of all existing codes, or is a lawfully existing nonconforming building or use and, hence, may be occupied and used lawfully for the purposes designated thereon.
(87) OFFICE; BUSINESS OR PROFESSIONAL: An establishment within which specific services are conducted with other businesses, individuals, organizations or corporate customers, generally on a contractual basis, and not involving the retail sales of merchandise on the premises for walk-in traffic from the street.
(88) OUTDOOR DISPLAY: The placing of merchandise in an outdoor area that is open to the general public when the merchandise on display is removed from its shipping packaging and is representative of merchandise that is available for purchase inside the building and/or is available for purchase by the general public directly from the display area.
(89) OUTDOOR STORAGE: The keeping, in an area outside of a building, of any goods, material, merchandise, or vehicles in the same place for more than 24 hours, except for merchandise placed in an area for outdoor display.
(90) PARKING LOT: An outdoor paved area made up of marked parking spaces where motor vehicles may be stored for the purpose of temporary off-street parking. Also known as a parking area.
(91) PARKING LOT, PUBLIC: A surfaced area which is used for the parking of vehicles, and which does not serve any specific main use but, rather, a number of uses open to the general public, and where a parking fee may or may not be charged.
(92) PARKING SPACE, OFF-STREET: An open or enclosed area, defined by painted lines, raised curbs or a combination thereof, outside the public street right-of-way that is used for the parking or temporary storage of registered and licensed motor vehicles.
(93) PARTIAL-COMMERCIAL OR INDUSTRIAL BUILDING PERMIT: A permit which allows the initial construction to proceed when a complete State approved set of plans, certificate and addendum are in progress.
(94) PERFORMANCE BOND OR SURETY BOND: A bond posted by an applicant for a proposed project or use to the City for the amount of the estimated construction cost, or such amount determined by Council, guaranteeing the project’s completion or removal of facilities, when applicable, by the applicant’s agreement.
(95) PERFORMANCE STANDARD: A criterion established to control enclosure, dust, smoke, fire and explosive hazards, lighting, glare and heat, noise, odor, toxic and noxious matter, vibrations and other conditions created by or inherent in uses of land or buildings.
(96) PERSONAL SERVICES: Any legal enterprise conducted for gain which offers services directly to the public at the site of the business, and which includes but is not limited to shoe repair, watch repair, barber shops, beauty parlors and photography studios.
(97) PLACES OF WORSHIP: A building, structure, or other facility used for public worship. The word "place of worship" includes the words "church," "chapel," "synagogue" and "temple" and their uses and activities that are customarily related, and which are further qualified under 501(C) of the Internal Revenue Code.
(98) PLAN, COMPREHENSIVE: A long-range plan intended to guide the growth and development of the City, based on study and analysis of the City’s existing conditions, including population and housing, historic and natural features, general land use patterns and zoning regulations, and other development considerations.
(99) PLAN, DEVELOPMENT: Drawing(s) and map(s) illustrating the proposed design, layout and other features for the development of one or more lots.
A. GENERAL DEVELOPMENT PLAN: Drawings and maps including all the elements set forth in Section 1183.05.
B. FINAL DEVELOPMENT PLAN: Drawings and maps including all the elements set forth in Section 1183.06.
(100) PLANNED UNIT RESIDENTIAL DEVELOPMENT: An area of land to be planned and developed as a single residential development, in which a variety of housing units are accommodated and the minimum lot size and setback requirements may be modified to achieve particular design objectives, while maintaining the same overall density limitations of the district in which the planned unit residential development is located, and allowing for the flexible arrangement and clustering of houses to preserve restricted open space areas.
(101) PLAT: A map of a lot, tract or subdivision on which the lines of each element are shown by accurate distances and bearings.
(102) PLAT, FINAL: The final map, drawing or chart on which the subdivder’s plan is submitted to the Planning Commission for approval, and which, if approved, will be submitted to the Recorder of Williams County.
(103) PLAT, PRELIMINARY: A drawing for the purpose of study of a major subdivision and which, if approved, permits proceeding with the preparation of the final plat.
(104) PORCH: A roofed open structure that projects from the front, side or rear wall of a building. For the purposes of this Planning and Zoning Code, an enclosed porch shall be considered part of the principal building.
(105) PROJECT BOUNDARY: The boundary defining the tract(s) of land, which is included in a proposed development to meet the minimum required project area for a planned unit residential development or multi-family development. The term “project boundary” shall also mean “development boundary”.
(106) PROTECTIVE COVENANT: A restriction on the use of private property within a subdivision, to be set forth on the plat, and incorporated in each deed for the benefit of the property owners, and to provide mutual protection against undesirable aspects of development.
(107) PUBLIC HEARING: An official meeting called by City Council, the Planning Commission, or the Board of Zoning Appeals, duly announced in local newspapers, which is intended to inform and obtain public comment, prior to the governing body rendering a decision.
(108) PUBLIC SAFETY FACILITY: A governmentally owned and operated facility established to provide local police or fire safety services to the surrounding area.
(109) PUBLIC SERVICE/MAINTENANCE FACILITY: A governmentally owned and operated facility that provides for the upkeep and maintenance of the community such as but not limited to a service garage, maintenance building, and salt dome.
(110) PUBLIC UTILITY STRUCTURE: Electric and telephone substations and distribution centers, filtration plant pumping station, and water reservoir, public or package sewage treatment plants, telephone exchange, radio and television transmitting or relay stations, antenna towers and other similar public utility service structures.
(111) RECREATION, INDOOR COMMERCIAL: An indoor facility for any number of uses such as game courts, exercise equipment, exercise and/or dance floor area, pools, locker rooms, spa, whirlpool or hot tub, and which may include an accessory retail shop for the sale of related equipment.
(112) RECREATION, OUTDOOR COMMERCIAL: An outdoor area operated for profit and devoted to facilities and equipment for recreational uses, including swimming pools, tennis courts, batting cages, miniature golf courses and other similar uses, upon the payment of a fee or service charge, and which may include an accessory retail shop for the sale of related equipment.
(113) RECREATIONAL AREA, PUBLIC: An outdoor area devoted recreational uses, including swimming pools, tennis courts, playgrounds, parks and other similar uses, open to the public and not operated for profit.
(114) RECREATIONAL VEHICLE/EQUIPMENT: A portable structure designed to be mounted on or drawn by a motor vehicle or trailer, or built on a chassis, and intended to be used for recreational use. For the purposes of this Code, recreational vehicle/equipment shall include a recreational vehicle, boat, boat trailer, pick-up truck camper, mobile home, snow mobile, folding tent trailer, or other camping or recreational equipment, and any trailer that may be used to convey such vehicle or equipment.
(115) RESEARCH AND TESTING LABORATORY: A building or group of buildings for scientific research, investigation, testing or experimentation, but not facilities for the manufacture or sale of products, except as incidental to the main purpose of the laboratory.
(116) RESTAURANT - COUNTER SERVICE: A retail service establishment whose principal business is the sale of foods, frozen desserts, or beverages in ready-to- consume individual servings, for consumption either within the restaurant building or for carry-out, and where customers are not served their food, frozen desserts, or beverages by a restaurant employee at the same table or counter where the items are consumed.
(117) RESTAURANT - TABLE-SERVICE: A retail service establishment wherein the entire business activity, or substantially all of the business activity, consists of the sale of food and service to patrons seated at tables for consumption within the building.
(118) RESTRICTED OPEN SPACE: The portion of the open space within a planned unit residential development that is of sufficient size and shape to meet the minimum zoning requirements, and on which further development is restricted according to the provisions of Section 1152.06.
(119) RETAIL ESTABLISHMENT: An establishment engaged in the selling of goods or merchandise to the general public for personal or household consumption, which is open to the general public during regular business hours and which has display areas that are designed and laid out to attract the general public. In determining a use to be a retail use, the Planning Commission may consider the proportion of display area vs. storage area and the proportion of the building facade devoted to display windows.
(120) RIGHT-OF-WAY: A strip of land taken, dedicated, or otherwise recorded as an irrevocable right-of-passage for use as a public way. In addition to the roadway, it normally incorporates the curbs, lawn strips, sidewalks, water and sewer lines, lighting, and drainage facilities, and may include special features (required by the topography or treatment) such as grade separation, landscaped areas, viaducts, and bridges.
(121) RIGHT-OF-WAY LINE: The line between a lot, tract, or parcel of land and a contiguous public street, and demarcating the public right-of-way. "Right-of-way line" also means "street line."
(122) SCHOOL, COMMERCIAL, BUSINESS OR TRADE: A higher education facility primarily teaching useable skills that prepare students for jobs in a trade.
(123) SCHOOL FACILITIES: Publicly or privately owned facilities providing full-time day instruction and training at the elementary, junior high and high school levels in accordance with the requirements of Chapter 3313 of the Ohio Revised Code; or publicly or privately owned facilities providing kindergarten or nursery school training and care which are operated by a board of education or an established religious organization.
(124) SETBACK: The required minimum horizontal distance between a lot line and a structure as established by this Planning and Zoning Code.
(125) SETBACK LINE (See also “Yard, Required”): A line established by this Planning and Zoning Code generally parallel with and measured from the lot line, defining the minimum distance a building, structure, parking area or outdoor storage area shall be located from the said lot line, except as may be provided in this Planning and Zoning Code. The term "setback line" shall also include "required setback line."
(126) SIGN: Any identification, description, illustration or device which is affixed to or integrated into a building, structure or land, or otherwise situated on a lot and which is intended to direct or attract attention to, or announce or promote a product, place, activity, person, institution or business by means of letters, words, designs, colors, symbols, flags, banners, fixtures, images or illuminations.
(127) SIMILAR USE: A use not specifically listed in any of the schedules of permitted uses of any district, but which may be found similar by both the Planning Commission and Council and added to a schedule for a particular district.
(128) SLAUGHTERHOUSE: A building used for the for-profit slaughtering of animals that are transported to the building, and the processing and storage of animal products and waste that results from a slaughtering process.
(129) STREET: A public or private way for vehicular traffic, whether designated as a street, highway, thoroughfare, parkway, throughway, road, avenue, court, lane, alley, trail, terrace, boulevard or otherwise.
A. ALLEY: A street, which affords only a secondary means of access to abutting property and not intended for general traffic circulation.
B. Cul-de-sac: A minor street that terminates in a vehicle turnaround.
C. STREET, ARTERIAL: A street primarily for through traffic usually on a continuous route. This facility provides for through traffic movement between areas, across the county, and to and from expressways. Also called a major street.
D. STREET, COLLECTOR: A street that primarily carries traffic from minor to arterial streets, including the principal entrance and circulation routes within residential subdivisions.
E. STREET, MINOR: A street that provides access to abutting properties. Also called a local street.
F. STREET, PRIVATE: A local private way which provides pedestrian and vehicular access to more than one residential structure that will not be dedicated for public use, but which is owned and maintained by an Association.
G. STREET, PUBLIC: An existing State, County, or City street or public road shown on the recorded subdivision plat.
(130) STRUCTURAL ALTERATION: Any change or rearrangement in the supporting members of a building, such as beams, girders, bearing walls, columns or partitions or any increase in the area or cubical contents of the building.
(131) STRUCTURE. Anything constructed or erected, including, but not limited to, buildings, walls, sheds, gazebos, signs, patios, platforms, or fences.
(132) STUDIOS FOR INSTRUCTION: A building, or portion thereof, that is used or intended to be used for nonacademic group instructional purposes for a fee, which include, but are not limited to arts, crafts, dance and computer instruction.
(133) SUBDIVISION:
A. The division of any parcel of land shown as a unit or as contiguous units on the last preceding tax roll, into two (2) or more parcels, sites, or lots, for the purpose, whether immediate or future, of transfer of ownership;
B. The division or allocation of land for the opening, widening or extension of any street or streets, except private streets, or as open spaces for common use, or as easements for the extension and maintenance of public sewer, water, storm drainage or other public facilities in connection with the improvement of one or more parcels of land for residential, commercial or industrial developments; or
C. A resubdivision or replatting.
(134) SUPPLY YARD: An establishment storing or offering for sale building supplies, steel supplies, coal, heavy equipment, feed and grain, and similar goods.
(135) SWIMMING POOL: An outdoor structure capable of containing in excess of two (2) feet of water at its deepest point or having more than 100 square feet of water surface.
(136) TRUCK OR TRANSFER TERMINAL: A building, including accessory buildings and uses, in which merchandise and freight from various sources brought by motor truck is assembled, sorted or reloaded for shipment by motor truck.
(137) UNDISTURBED SOIL: Ground surface, which has not been altered in connection with grading for construction nor previously altered for a period of at least two (2) years prior to such grading.
(138) USE: The purpose for which land, a building or structure is arranged, designed, intended, maintained or occupied; or any occupation, activity or operation carried on in a building or structure or on land.
A. USE, ACCESSORY: A use located on the same lot with the principal use of building or land, but incidental to and constructed subsequent to the principal use of the building or land.
B. USE, CONDITIONAL: A use permitted in a district, other than a principal use permitted by right, which is allowed only under certain conditions as set forth in Chapter 1161, and which requires a conditional use certificate and approval of the Planning Commission with confirmation by Council, in accordance with the standards and procedures set forth in Chapter 1185.
C. USE, PERMITTED: A use that is authorized by this Planning and Zoning Code as either a use permitted by right, a conditional use or an accessory use.
D. USE PERMITTED BY RIGHT: A permitted use that is approved administratively when it complies with the standards and requirements set forth in the Planning and Zoning Code, the approval of which does not require a public hearing.
E. USE, PRINCIPAL: The primary or main use or activity of a building or lot.
(139) VARIANCE: A grant by the Planning Commission to a property owner authorizing the property owner to vary from the literal terms of the relevant regulations where such variance will not be contrary to the public interest.
(140) VEHICLE REPAIR GARAGE: A building or any portion of a building in which repairs are made to motor vehicles including structural repair, rebuilding or reconditioning of motor vehicles, or parts thereof, including collision service; spray painting; body fender, clutch, transmission, differential, axle, spring, and frame repairs; major overhauling or engines requiring the removal of the engine cylinder, head or crankcase pan; repairs to radiators requiring the removal thereof; complete recapping or retreading of tires; or similar activities. See also Automotive Service Station.
(141) YARD: An open space on the same lot with a principal building or structure extending between the lot line and the extreme front, rear or side wall of the main building or structure.
A. YARD, CORNER SIDE: On a corner lot, the yard between the principal building and the side lot line adjacent to the street and extending from the front yard to the rear lot line.
B. YARD, FRONT: The area across the full width of the lot between the front of the principal building and the front line of the lot.
C. YARD, REAR: The area across the full width of the lot between the rear of the principal building and the rear line of the lot.
D. YARD, REQUIRED (See also Setback Line): The open space between a lot line and a setback line for a building, parking area or use that is the minimum area required to comply with the regulations of the district in which the lot is located, and within which no structure shall be located except as expressly permitted in this Planning and Zoning Code.
E. YARD, SIDE: The area between the main building and the side line of the lot extending from the front wall to the rear wall of the main building.
(142) ZONING ADMINISTRATOR: The individual designated to administer the Planning and Zoning Code of the City of Bryan, Ohio. Duties of the Zoning Administrator may also be performed by a designated agent.
(143) ZONING CERTIFICATE: A document issued by the Zoning Administrator authorizing the construction or alteration of a building or structure and/or use of a lot or structure in accordance with this Planning and Zoning Code.