For the purpose of the Zoning Ordinance, the following terms shall have, throughout this Part Eleven - Planning and Zoning Code, the meanings given herein:
(1) Words used in the present tense shall include the future; the singular shall include the plural and the plural the singular; the word “shall” is mandatory and not directive; the word “may” is permissive; the word “Village” shall mean the Village of Burton, Ohio; the term “Commission” shall mean the Planning Commission of the Village; the term “Council” shall mean the Council of the Village; and the term “Board” shall mean the Board of Zoning Appeals.
(2) “Accessory use” means either a subordinate use of a building, other structure or lot, or a subordinate building or other structure;
A. Which use is clearly incidental to the use of the principal building, other structure or use of land;
B. Which is customary in connection with the principal building, other structure or use of land; and
C. Which is located on the same lot with the principal building, other structure or use of land.
(3) “Advertising sign” means a sign which directs attention to a business, commodity, service or entertainment conducted, sold or offered upon the premises.
(4) “Agriculture” means any agricultural use, such as and including farming, dairying, pasturage, animal and poultry husbandry, agriculture, horticulture, floriculture, viticulture and greenhouses and the sale of agricultural products.
(Ord. 1856-95. Passed 10-20-95.)
(4.1) "Animal Care Facility" means an animal hospital, veterinary offices, animal day care facilities and animal training facilities provided, however, outdoor kennels shall not be permitted but supervised outdoor play/exercise areas are permitted.
(Ord. 2391-20. Passed 1-25-21.)
(5) “Apartment” means a room or suite of rooms intended, designed or used as a residence by a single family.
(6) “Apartment building” means a building designed for or containing three or more apartments or suites of rooms for residence.
(7) “Automotive repair” means the repair, rebuilding or reconditioning of motor vehicles or parts thereof, including collision service, painting and steam cleaning of vehicles.
(8) “Automotive sales” means the sale or rental of new or used vehicles or trailers, not including mobile homes.
(9) ““Billboard” or “signboard” means any sign situated on private premises on which the written or pictorial information is not directly related to the principal use of the land on which such sign is located. (Synonymous with “outdoor advertising signs”) (Ord. 1856-95. Passed 10-20-95.)
(10) "Boarding" or "Lodging House" means a building other than a hotel where, for compensation and by arrangement, lodging or lodging and meals are provided for two or more persons, but not more than eight; and
A. Bed and Breakfast (homestay) means a private owner occupied residence with one to three guest rooms operated consistent with Section 1166.01
B. Bed and Breakfast (Inn) means a building operated primarily as a business with four to twenty rooms even though the owner may reside on the premises. See Hotel {Section 1109.01 (34)}
(Ord. 2306-16. Passed 10-24-16.)
(11) “Building” includes the word “structure” unless otherwise noted, and is a structure, permanently affixed to the land having one or more floors and a roof, being bounded by either open spaces or lot lines, and used as a shelter or enclosure for persons, animals and/or property. A “building” may consist, for example, of a one-family dwelling, a two-family dwelling, a row of garden apartments with individual entrances, or an apartment house, or a single store or a row of stores, depending on location of lot lines; or of a factory. A “building” shall not include such structures as billboards, radio towers, etc., nor structures with interior surfaces not normally accessible for human use, such as gas holders, oil tanks, water tanks, grain elevators, coal bunkers, oil cracking towers and other similar structures. A “building” includes those trailers which are defined as “structures” under this Zoning Code.
(Ord. 2082-04. Passed 4-21-04.)
(12) “Building, front line of” means the line of that face or front of the building nearest the front line of the lot. This face includes sun parlors and covered porches whether enclosed or unenclosed but does not include steps.
(13) “Building, height of” means the vertical distance from the grade to the highest point of the coping of a flat roof or to the deck line of a mansard roof, or to the mean height level between eaves and ridge for gable, hip or gambrel roofs.
(14) “Building, principal” means the building in which is conducted the main or principal use of the lot on which the building is situated.
(15) “Business services” means any activity conducted for gain which renders services primarily to other commercial or industrial enterprises, or which services and repairs appliances and machines used in homes or business.
(16) “Business sign” means a sign which directs attention to the principal business or profession conducted or to the principal products sold upon the premises.
(17) “Cellar” means a story partly underground and having more than one-half of its clear height below the average level of the adjoining ground. A cellar shall not be considered for minimum floor area requirements or a story for purposes of height measurement or in determining the permissible number of stories. (Synonymous with “basement”)
(18) “Clinic” means an establishment where patients who are not lodged overnight are admitted for examination and treatment by a physician or a group of physicians practicing medicine together.
(19) “Club” means 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.
(Ord. 1856-95. Passed 10-20-95.)
(19.1) "Computerized Sweepstakes Device" means a computer, machine, game or apparatus including an individual computer terminal screen which may be operated by the public generally for participation in a sweepstakes and which does not violate the Ohio Revised Code or municipal ordinance prohibitions upon gambling. No electronic or computerized sweepstakes device, game play or outcome shall have as a component thereof, or shall be operated or determined by, a random number generator (RNG) or compensating algorithm. The game play and outcome shall be determined by or from a finite pre-determined pool, with odds of winning stated in the sweepstakes "Official Game rules". (Ord. 2231-11. Passed 12-12- 11.)
(20) “Conditional use” means an uncommon, unique or infrequent use which shall not be permitted by right, but may be permitted in certain districts under specific conditions or prohibited by the Commission after making a determination for conformance with the procedures and standards established in Section 1151.02. All such uses shall require a conditional use permit.
(20.1) “Condominium” means:
A. An estate in real property consisting of an undivided interest in common in a portion of a parcel of real property together with a separate interest in space in a residential, industrial, or commercial building on such real property, such as an apartment, office or store. A Condominium may include in addition a separate interest in other portions of such real property.
B. A system of separate ownership of individual units in multi-unit building. A single real property parcel with all the unit owners having a right in common to use the common elements with separate ownership confined to the individual units which are serially designated.
(Ord. 1856-95. Passed 11-20-95.)
(21) “Drive-in commercial uses” means any retail commercial use providing considerable off-street parking and catering primarily to vehicular trade such as drive-in restaurants, drive-in theaters and similar uses.
(22) “Dwelling” means any building or portion thereof which is designed for or used for residential purposes, but shall not include a cabin, hotel, motel, rooming house or other accommodations used for more or less transient occupancy, and shall not include trailers or mobile homes and other structures not designed or constructed for permanent placement onto the ground.
(Ord. 2082-04. Passed 4-21-04.)
(23) “Dwelling, single-family” means a building designed for or occupied exclusively by one family.
(24) “Dwelling, two-family” means a building designed for or occupied exclusively by two families living independently of each other.
(25) “Dwelling, multiple” means a building used or designed as a residence for three or more families living independently of each other and doing their own cooking therein, including apartment houses, flats and group houses.
(26) “Entertainment facilities” means any activity conducted for gain which is generally related to the entertainment field, such as motion picture theaters, bowling alleys, roller skating rinks, miniature golf, golf driving ranges, commercial swimming pools, carnivals and related uses.
(27) “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, fire alarm boxes, police call boxes, 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 or safety or general welfare, but not including buildings other than structures for the purpose of housing the essential services named herein.
(28) “Family” means any one of the following when occupying a dwelling unit and maintaining a common household in which all members of such family have use and access to all parts of a dwelling unit:
A. One person and not more than two lodgers;
B. Two or more persons related by blood, marriage, or adoption and not more than two lodgers; or
C. Not more than four unrelated persons.
A family may also include domestic servants and gratuitous guests.
(29) “Filling stations” or “service station” means any building, structure or land used for the dispensing, sale or offering for sale at retail of any automobile fuels, oils or accessories, including lubrication, of automobiles and replacement or installation of minor parts and accessories but not including major repair work, such as motor replacement, body and fender repair or spray painting.
(30) “Floor area” of a building means the sum of the gross horizontal areas of the several floors of the building, measured from the exterior faces of exterior walls or from the center lines of walls separating two buildings. “Floor area” shall not include:
A. Basement space.
B. Elevator and stair bulkheads.
C. Attic space.
D. Terraces, breezeways and open porches.
E. Uncovered steps.
F. Garages.
(31) “Frontage” means all the property on one side of a street between two intersecting streets, crossing or terminating, measured at the building line or if the street is dead-ended, then all of the property abutting on one side between an intersecting street and the dead-end of the street.
(32) “Garage, private” means an accessory building designed or used for the storage of motor-driven vehicles owned and/or used by the occupants of the building to which it is accessory.
(33) “Garage, public” means a building or portion thereof, other than a private or storage garage, designed or used for equipping, servicing, repairing, hiring, selling or storing motor-driven vehicles.
(34) “Garden” means plant cultivation for the immediate household.
(35) “Highway, major” means a street or road of considerable continuity and used primarily as a traffic artery for intercommunication among large areas.
(36) "Home occupation" means an occupation or a profession which:
A. Is customarily carried on in a dwelling unit, or in a building or other structure accessory to a dwelling unit;
B. Is carried on by a member or members of the family residing in the dwelling unit;
C. Is clearly incidental and secondary to the use of the dwelling unit for residential purposes; and
D. Conforms to the following additional conditions:
1. The occupation or profession shall be carried on wholly within the principal building, or within a building or other structure accessory thereto. No more than twenty-five percent (25%) of the residential structure and all permitted buildings shall be devoted to the home occupation.
2. Not more than one person outside the family shall be employed in the home occupation.
3. There shall be no exterior display, no exterior sign, except as permitted in the district regulations, no exterior indication of the home occupation or variation from the residential character of the principal building.
4. No offensive noise, vibration, smoke, dust, odors, heat or glare shall be produced.
E. In particular, a home occupation includes, but is not limited to, the following: art studio; dressmaking; professional office of a physician, dentist, lawyer, engineer, architect or accountant, within a dwelling unit occupied by the same; teaching with musical instruction limited to two pupils at a time.
F. However, a home occupation shall not be interpreted to include the following: automobile repair/servicing, mechanical repair/servicing, commercial stables and commercial kennels; restaurants.
(Ord. 2391-20. Passed 1-25-21.)
(37) “Hospital” means any building or other structure containing beds for at least four patients and devoted to the diagnosis, treatment or other care of human ailments.
(38) “Hotel” means 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 contradistinction to a boarding house, a lodging house, or an apartment which are herein separately defined. (Ord. 914. Passed 11-8-66.)
(38.5) “Hotel/Conference Center” shall mean a building which, in addition to meeting the definition of a “hotel” as set forth in the Zoning Code, shall also contain conference room facilities suitable for small group meetings. A public restaurant may be maintained in such a facility. A hotel/conference center shall contain no more than 20 individual guest rooms for overnight lodging.
(Ord. 1982-00. Passed 3-20-00.)
(39) “Institution” means a building occupied by a nonprofit corporation or a nonprofit establishment for public use.
(40) “Junkyard” means any open space where waste or discarded materials are stored, processed or sold.
(41) “Loading space” means a space within the main building or on the same lot therewith, providing for the standing, loading or unloading of trucks and having a minimum dimension of twelve by forty feet and a vertical clearance of at least fourteen feet. (Ord. 914. Passed 11-8-66.)
(42) “Lot” means a piece, parcel, tract or plat of land in one ownership abutting a street which may include one or more lots of record, occupied or intended for occupancy by a use, structure, or group of structures together with accessory buildings, the open spaces and parking spaces required by the Zoning Ordinance. (Ord. 1508- 88. Passed 5-16-88.)
(43) “Lot, corner” means any lot at the junction of and abutting on two or more intersecting streets.
(44) “Lot of record” means any lot which individually or as a part of a subdivision has been recorded in the Office of the Recorder or Auditor of the County.
(Ord. 914. Passed 11-8-66.)
(45) “Lot, minimum area of” means the area of a lot computed exclusive of any portion of the right of way of a public thoroughfare, any body of water or other unbuildable area, and any area subject to restrictive easements which would prevent development.
(Ord. 1508-88. Passed 5-16-88.)
(46) “Lot width” means the width of a lot at the building setback line measured at right angles to its depth.
(47) “Manufacturing” means any manufacturing or industrial process, including food processing which by the nature of the materials, equipment and process utilized are not objectionable by reason of odor, noise, vibration, cinders, gas fumes, dust, smoke, refuse matter or water carried waste. Any manufacturing or industrial process permitted in an “M” District shall comply with the performance requirements of Chapter 1161.
(48) “More restrictive” in reference to a nonconforming use, means the changing of a use to more nearly conform to the permitted use, thus increasing the requirements such as side yards, etc. or generally increasing compatibility of a nonconforming use to the requirements of the district in which it is located.
(49) “Motor court” or “motel” means a building or group of buildings used for the temporary residence of motorists or travelers.
(50) “Noncommercial recreational facility” means private and semipublic recreational facilities which are not operated for profit.
(51) “Nonconforming use” includes any use, whether of a building, other structure or a lot, which does not conform to the use regulations of the Zoning Ordinance for the district in which such “nonconforming use” is located, either at the effective date of the Zoning Ordinance or as a result of subsequent amendments which may be incorporated into the Zoning Ordinance.
(52) “Nursing home” means an establishment where persons are housed or lodged and furnished with meals and nursing care for hire.
(Ord. 914. Passed 11-8-66.)
(53) “Office” means a place where a particular kind of business or service is transacted such as the clerical and administrative work of an establishment as would be carried on, for example, in an insurance office or marketing office.
(Ord. 1251-82. Passed 2-15-82.)
(54) “Off-street parking space” means any parking space located wholly off any street, service street or sidewalk, either in an enclosed building or on an open lot and where each parking space has an area of not less than 180 square feet exclusive of access drives or aisles.
(55) “Personal services” means any enterprise, conducted for gain, which primarily offers services to the general public such as shoe repair, valet service, watch repairing, barber shops, beauty parlors and related activities.
(56) “Plant cultivation” means the cultivation of crops, horticulture, floriculture, viticulture including fruit trees, nursery stock, truck garden products and similar plant materials.
(57) “Professional activities” means the use of offices and related spaces for such professional services as are provided by doctors, dentists, lawyers, architects and engineers.
(58) “Public uses” means public parks, schools and administrative, cultural and service buildings, not including public land or buildings, devoted solely to the storage and maintenance of equipment and material.
(59) “Public service facilities” means any buildings or structures relating to essential services and operating under authority granted by a governmental body.
(60) “Recreational facilities” means country clubs, riding stables, golf courses and other private noncommercial recreation areas and facilities or recreation centers including private community swimming pools.
(Ord. 914. Passed 11-8-66.)
(61) “Residential floor area” means the interior floor area of a dwelling including halls and closets, but not including basements, porches, garages, breezeways, carports or stairways. (Ord. 1124-77. Passed 8-18-77.)
(62) “Retail business” means any business normally found in a highway or central business district.
(63) “Semipublic uses” means churches, Sunday schools, parochial schools, colleges, hospitals and other institutions of an educational, religious, charitable or philanthropic nature.
(64) “Sewage disposal system, combined” means an approved system which provides for the combined collection and disposal of residential, commercial and/or industrial sewage.
(65) “Sewage disposal system, individual” means an on-lot system which provides for the individual collection and disposal of sewage.
(66) “Similar use” means a use not specifically listed in any of the permitted buildings or use classifications of any district, but which may be found analogous and added to a classification.
(67) “Sign” means any structure or part thereof, or any device attached to a structure or painted or represented on a structure on which lettered, figured or pictorial matter is displayed or used for the purpose of bringing the subject thereof to the attention of the public. A “sign” does not include any flag, badge or insignia of any government or governmental agency or of any charitable, religious, educational or similar organization.
(68) “Social activities” means any building and land used for private or semi-private club activities, including lodges and fraternities.
(69) “Solicitor” means the solicitor of the Municipality.
(70) “Specialized animal raising and care” means the use of land and building for the raising and care of fur-bearing animals such as rabbits and domestic pets; the stabling and care of horses; animal kennels; pigeon raising and the raising of any other domestic animals or birds of a similar nature.
(71) “Story” means that portion of a building, other than a cellar or basement included between the surface of any floor and the surface of the floor next above it, or if there be no floor above it, then the space between the floor and the ceiling next above it.
(72) “Street line, right-of-way line” means a dividing line between a lot, tract or parcel of land and a contiguous street.
(73) “Structure” means that which is constructed or located more or less permanently on the ground or attached to something having a permanent location on the ground, including but without limiting the generality of the foregoing, advertising signs, billboards, backstops for tennis courts and for goals, and trailers (other than a trailer being used pursuant to Section 1165.01 of this Zoning Code as a temporary residence, utility, construction, or vacation trailer).
(Ord. 2082-04. Passed 4-21-04.)
(74) “Structural alterations” means any change which would tend to prolong the life of a supporting member of a structure such as bearing walls, columns, beams or girders. (Ord. 914. Passed 11-8-66.)
(74.1) "Sweepstakes Terminal Café" and "Computerized Internet Sweepstakes Café" means the premises or the portion of the premises upon which computerized sweepstake devices are located for the use or entertainment of the public, whether or not such premises are operating under a zoning certificate for another use or business purpose.
(Ord. 2231-11. Passed 12-12-11.)
(75) “Tavern” means a building where alcoholic beverages and food are sold to be consumed on the premises. (Synonymous with “café” and “inn”)
(76) “Tourist home” means a building other than a hotel or motel where lodging is provided and offered to the public for compensation for not more than eight individuals and open to transient guests.
(77) “Trailer” means a vehicle or structure, transportable in one or more sections, which is built on a chassis or is designed to be built on a chassis, and designed to be used as a dwelling, office, classroom, utility, construction, or storage facility with or without a permanent foundation. For purposes of the Code, “trailer” shall include mobile homes and manufactured homes as defined in Ohio R.C. Section 4501. “Trailer” includes structures or vehicles standing on wheels or on rigid supports, or other means designed to affix the vehicle to the ground in a permanent or semi-permanent manner.
(Ord. 2082-04. Passed 4-21-04.)
(78) "Yard" means 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 the width of a side yard, the depth of a front yard or the depth of the rear yard, the minimum horizontal distance between the lot lines and the main building shall be used.
(79) "Yard, front" means a yard extending across the front of a lot between the side lot lines and being the minimum horizontal distance between the street or place right- of-way line and the main building or any projections thereof other than the projections of the usual uncovered steps, uncovered balconies or uncovered porch. On corner lots, the front yard shall be considered as parallel to the street upon which the lot has its least dimension.
(80) "Yard, rear" means 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 or any projections thereof, other than the projection of uncovered steps, unenclosed balconies or unenclosed porches.
(81) "Yard, side" means a yard between the main building and the side line of the lot and extending from the required front yard to the required rear yard and being the minimum horizontal distance between a side lot and the side of the main building or any projections thereto.
(82) "Zoning certificate" means the document issued by the Zoning Inspector authorizing the use of land or buildings.
(83) "Zoning District Map" means the zoning district map or maps of the Municipality together with all amendments subsequently adopted.
(84) "Zoning Inspector" means the Zoning Inspector or his authorized representative appointed by the Mayor subject to the approval of Council of the Municipality. (Ord. 914. Passed 11-8-66.)
(85) "Condominium and condominium ownership" means the same as the definition contained in Ohio R.C. 5311.01 and as amended hereinafter.
(Ord. 1214-80. Passed 12-29-80.)