1139.02 DEFINITIONS.
   “Accessory use” means a use subordinate, secondary, incidental to, and customary in connection with the principal building or use and located on the same lot as the principal building or use.
   “Accessory building” or “accessory structure” means a building or structure occupied by an accessory use.
   “Administrative and business offices” means offices which carry on no retail trade with the public and maintain no stock of goods for sale to customers.
   “Alley” means a public right-of-way less than twenty (20) feet wide, which provides only secondary means of access to abutting property.
   "Apartment" (see "Multiple family dwelling")
   “Basement” means a story whose floor level, two (2) feet or more below grade level, but having less than half its clear height above grade level.
   "Bed-and-Breakfast" means a single family dwelling in which lodging is provided for compensation on a night-to-night basis by the owner/occupant of such dwelling, and not more than three (3) sleeping rooms are devoted to such accommodations.
   "Block" means the property abutting one side of a street, and lying between two consecutive intersecting streets.
   “Building” means any structure designed or intended for the support, enclosure, shelter, or protection of persons, animals, chattel or property.
“Height of building” means the vertical distance from the average grade surrounding the building to the highest point of the roof.
“Building line” means the front yard setback line established by this Ordinance, generally parallel with and measured perpendicularly from the front lot line, defining the limits of a front yard in which no building or structure may be located.
   “Business services” means any profit-making activity which renders services primarily to other commercial, institutional, or industrial enterprises, or which services and repairs appliances and machines used in other businesses.
   “Cemetery” means land used or intended to be used for the burial or internment of human or animal remains.
   “Certificate of Zoning Compliance" means a certificate issued by the Zoning Inspector, pursuant to this Ordinance, confirming that the zoning requirements of this Ordinance have been met, and the building or land can be occupied, or used.
   "City" means the City of Bucyrus, Ohio
   “Clinic, Human” means a facility where patients who are not lodged overnight are admitted for examination and/or treatment by a physician or group of physicians.
   "Commission" means the Planning and Zoning Commission of the City of Bucyrus.
   “Conditional use” means an uncommon or infrequent use which may be permitted in a specific zoning districts subject to compliance with certain standards, explicit conditions, and the granting of a conditional use permit as specified in Chapter 1149 of this Ordinance.
   “Congregate or group home” means a residential care facility in which not fewer than nine (9) but not more than sixteen (16) persons are provided with room, board, specialized care, rehabilitative services and supervision in a family environment. Facilities for more than sixteen (16) persons shall be considered hospitals.
   "Council" means the City Council of Bucyrus, Ohio.
   “Drive through facilities” mean a designated place, in conjunction with a retail or service establishment, from which persons can conduct the major portion of their business without leaving their motor vehicle.
   “Driveway” means a private road giving access from a public way to a detached single family dwelling or to a group of multi-family or commercial buildings on abutting ground.
   “Dwelling” or “residence” means any building or portion thereof which is designed or used for residential purposes, but not including a cabin, hotel, motel, rooming house, or other such accommodation used for transient occupancy.
“Multiple-family dwelling” means a building designed or used as a residence for three or more families living independently and doing their own cooking therein.
“Single family dwelling” means a building designed for or occupied exclusively by one family.
“Two-family dwelling” means a building designed for or occupied exclusively by two families living independently.
“Common wall two-family dwelling” means a building that has two (2) one-family dwelling units constructed in a row as a single structure on adjacent lots, with no unit above another, each unit separated by a masonry and/or fireproof party wall meeting local building code requirements, extending from foundation to roof, and each building separated from any other building by open space on all sides.
   “Easement” means a right or privilege of use of land, as distinct from fee simple ownership.
   “Essential Services” means the erection, construction, alteration, or maintenance, by public utilities or municipal or other governmental agencies, of underground or overhead gas, electrical, steam, or water transmission or distribution systems; collection, communication, supply, or disposal systems, including poles, wires, mains, drains, sewers, pipes, conduits, cables, traffic signals, hydrants 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 for the public health, safety, or general welfare, but not including buildings.
   “Failure of delivery” means that a particular notice was not received, due to circumstances beyond the control of the City, and does not include the lack of mailing of the subject notices in the matter specified in the Ordinance.
   "Family" means a person living alone, or two or more persons living together as a single housekeeping unit in a dwelling unit, as distinguished from a group occupying a rooming house, hotel or motel, dormitory, lodge or similar facility, provided, however that "family" shall not include more than four (4) persons unrelated to each other by blood, marriage or legal adoption, except for Class I Type B group residential facilities.
   “Floor area” of a building means the sum of the gross horizontal areas of the building floors, measured from the exterior faces of exterior walls. Floor area shall not include basements, elevator and stair bulkheads, unfinished attic spaces, terraces, breezeways, open porches, uncovered steps, or garages.
   “Frontage” or “lot frontage” means that portion of the lot that directly abuts the street, and has direct access thereto. Lot frontage shall be measured along the minimum building setback line for the district within which such lot is located.
   “Garage, private” means a building, or portion of building, designed or used for the storage of motor-driven vehicles owned and/or used by the occupants of the principal use of the property.
   "Group Residential Facility" means a community facility, licensed and/or authorized by the State of Ohio, which provides rehabilitative or habilitative services in a residential setting. There are two (2) classes of group residential facilities:
“Class I group residential facility" means any state, federal or locally approved dwelling or place used as a foster home for children or adults (not including nursing homes) or as a place for the care or rehabilitation of dependent or predelinquent children, for the physically handicapped or disabled, or for those with mental illness or developmental disabilities. A Class I Type A facility contains more than five (5) residents, exclusive of staff. A Class I Type B facility contains five (5) or fewer residents, exclusive of staff.
"Class II group residential facility" means any state, federal or locally approved dwelling or place used as a home for juvenile offenders; a halfway house providing residential care or rehabilitation for adult offenders in lieu of institutional sentencing: a halfway house providing residence for persons leaving correctional institutions: and residential rehabilitation centers for alcohol and//or drug abusers, provided that detoxification is expressly prohibited on such premises. A Class II Type A group residential facility contains more than five (5) residents, exclusive of staff. A Class II Type B facility contains five (5) or fewer residents, exclusive of staff. (Ord. 7-2002. Passed 3-19-02.)
   “Handicapped ramp” means an inclined plane installed in addition to or instead of stairs. Ramps permit wheelchair users as well as people pushing strollers, carts or other wheeled objects, to more easily access a building. (Ord. 5-2011. Passed 2-15-11.)
   “Home occupation” means any occupation or profession conducted primarily by immediate resident family members, which is clearly incidental and secondary to the dwelling's residential use. A home occupation must meet the standards and requirements specified in Section 1187.03 of this Ordinance.
   “Hospital” means a building or structure containing beds for at least four (4) patients al lowing for overnight or continuous care, diagnosis and treatment of human ailments.
   “Hotel” or “motel” means a building in which lodging is provided or offered to the public for compensation and which is open to transient guests, in contradiction to a boarding house or lodging house operated on a membership basis.
   “Industrialized unit” means a building unit or assembly of closed construction that is fabricated in an off-site facility, that is substantially self-sufficient as a unit or as a part of a greater structure, that requires transportation to the site of intended use. ÒIndustrialized unitÓ includes units installed on the site as independent units, as part of a group of units, or incorporated with standard construction methods to form a completed structural entity. ÒIndustrialized unitÓ does not include a manufactured or mobile home as defined herein.
   “Institution” means an organization providing social, cultural, educational or health services to member agencies, organizations, and individuals, or to the general public.
   “Loading space” is a space within the main building or on the same lot therewith, providing for the standing, loading, or unloading of trucks.
   “Lot” means a division of land separated from other divisions for purposes of sale, lease, or separate use, described on recorded subdivision plat, recorded map or by metes and bound, and includes the terms “plat” and “parcel”.
“Corner lot” mans any lot at the junction of and abutting on two (2) or more intersecting streets, where the angle of intersection is not more than 135 degrees.
“Lot coverage” means the ratio of enclosed ground floor area of all buildings on a lot to the horizontally projected area of the lot, expressed as a percentage.
“Rear lot line” means that lot line which is opposite and furthest removed from the front lot line. In the case of a lot where the side lot lines meet at the rear of the lot (i.e., a triangular lot), the rear lot line shall be considered to be the point of intersection of the side lot lines. In the case of a corner lot, the rear lot line is opposite and furthest removed from the lot line considered to be the front lot line for purposes of computing the front yard depth.
      “Side lot line” means the lot line running from the front lot line to the rear lot line. This line is also the line dividing two (2) interior lots.
“Lot of record” means any lot which individually or as a part of a subdivision has been recorded in the Office of the Recorder, Crawford County, Ohio, as of the effective date of this Ordinance.
“Minimum area of lot” means the area of a lot computed exclusive of any portion of the right-of-way or any public thoroughfare.
“Lot width” is the width of a lot at the building setback line measured at right angles to its depth.
   “Manufactured home” means a building unit or assembly of closed construction that is fabricated in an off-site facility, that conforms 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, and has a label or tag permanently affixed to it, certifying compliance with all applicable federal construction and safety standards.
   “Manufacturing” means any production or industrial process, including food processing, which combines one (1) or more raw materials or components into a product or which changes the nature of the materials entering the process, and which by the nature of the materials, equipment and/or process utilized is not objectionable by reason of odor, noise, vibration, gas fumes, dust, smoke, refuse, or water-carried wastes.
   “Manufactured Home Community” shall mean a development constructed primarily for manufactured homes, with continuing local general management and with special facilities for common use by occupants, including such items as common recreational buildings and/or common open space.
   "Modular Home" means a non-site-built home that is certified as meeting the requirements of the State of Ohio Building Code for modular housing. For the purposes of this Ordinance, once certified by the State of Ohio, modular homes shall be subject to the same standards as site-built homes.
   “Mobile Home” shall mean a transportable, non-site-built dwelling unit designed to be used as a year-round residential dwelling, and built prior to the Federal Manufactured Housing Construction and Safety Standards Act of 1974, which became effective June 15, 1976. Because mobile homes, as herein defined, were not constructed to accepted standards, such homes shall not be considered as a permitted or conditional use in the MH-R District or any other zoning district within the City.
   “Nonconforming use” means the use of land or a building, or a portion thereof, which does not conform with the use regulations of the district in which it is situated, which use was lawful prior to the enactment of this Ordinance.
   “Nursery” or “Day care center” means a facility which temporarily assumes responsibility for more than six (6) children other than those related to the resident of the premises. Such responsibility shall consist of administering to the needs of those children during any part of a twenty-four hour day for a period of two (2) consecutive days.
   “Nursing home” includes convalescent and extended care facilities; an establishment which specializes in providing necessary care, shelter and nursing services and services to those unable to be responsible for themselves.
   “Parking space (off-street)” means any parking space located wholly off any street, alley, or sidewalk, either in an enclosed building or on an open lot and where each parking space conforms to the standards as specified in Chapter 1189 of this Ordinance.
   “Parking area” or “parking lot” means any area other than street, drive, or alley, used or intended to be used for the storage of motor vehicles, with or without a fee.
   “Permanently sited manufactured home” means a manufactured home that meets all of the following criteria:
      (1)   The structure is affixed to a permanent foundation and is connected to appropriate facilities:
      (2)   The structure, excluding any addition, has a width of at least twenty-two (22) feet at one point, and a length of at least twenty-two (22) feet at one point, and a living area of at least 900 square feet, excluding garages, porches, or attachments;
      (3)   The structure has a minimum 4:12 roof pitch, conventional residential siding, and a six-inch minimum eave overhang, including appropriate guttering;
      (4)   The structure was manufactured after January 1, 1995;
      (5)   The structure is not located in a manufactured home community or manufactured home park as defined herein.
   “Person” means any individual, corporation, company, business, partnership, association or legal entity.
   “Personal services” means any enterprise, conducted for gain, which primarily offers non- tangible services to the general public such as shoe repair, watch repair, retail dry cleaning, barber and beauty shops, and related activities.
   “Professional office” means the business office of a person or persons engaged in providing to the general public services of a professional nature such as legal, medical, accounting, and architectural services.
   “Recreational facilities” means public or privately-operated uses such as country clubs, golf courses, swimming pools, or other areas maintained for the purpose of providing active and passive recreation.
   “Residence” - see “Dwelling”.
   “Restaurant” means a business establishment where food and beverages are prepared and presented for human consumption on the premises.
   “Retail stores” means stores primarily engaged in selling merchandise for personal or household consumption and in rendering services incidental to the sale of goods.
   “Right-of-way” means a strip of land lying between property lines, wherein is located a street, thoroughfare, alley or easement dedicated or otherwise acquired for use by the public.
   “Sidewalk” means a paved portion of a street lying outside the curb lines or edge of pavement of a roadway, intended for pedestrian use.
   “Similar use” means a use not specifically listed in any of the permitted building or use classifications of any district, but which may be found analogous and added to the classification, according to the procedures and requirements of Section 1155.02(e) of this Ordinance.
   “Street” means the full width of the right-of-way between two (2) property lines, both paved and unpaved, intended to provide principal means of access to an abutting property.
   “Structure” means anything constructed or erected, the use of which requires location on the ground or attachment to something having a fixed location on the ground, including among other things walls, buildings, and patios. For the purposes of this Ordinance, the term “structure” shall not include fences. Notwithstanding anything to the contrary, “structure” includes mobile or moveable structures.
   “Structural alteration” means any change which would replace or tend to prolong the life of a supporting member of a structure, such as bearing walls, columns, beams, or girders.
   “Use” means the purpose for which a building or land is arranged, designed, or intended, or for which such or building may be occupied or maintained.
   “Variance” means a modification from 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 the result of action by 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 from three (3) feet above the general level of the graded lot upward.
“Front yard” means that portion of a lot extending across the front of the lot between the side lot lines and being the minimum horizontal distance between the street right- of-way and the front of the building or structure.
“Rear yard” means that portion of a lot extending across the rear of the lot between the side lot lines and being the required minimum horizontal distance between the rear lot line and the rear of the building or structure.
“Side yard” means that portion of a lot that is located between the side lot line and the nearest building or structure.
   “Zoning permit” means an official statement, as issued by the City, certifying that all requirements of this Ordinance have been met.
   “Zoning District” means a portion of the City within which certain regulations and requirements or various combinations thereof apply under the provisions of Parts One through Four of this Ordinance.
   “Zoning Inspector” means the employee of the City duly charged with enforcement of this Ordinance, pursuant to Chapter 1141.
   “Zoning Map” means the map of the City showing the various zoning districts, as established by Chapter 1157, together with all amendments subsequently adopted by City Council.