(1) “Agriculture” shall include agriculture, farming, dairying, pasturing, apiculture, nurseries, horticulture, floriculture, viticulture, and animal and poultry husbandry. A zoning permit will be required if the construction of buildings is not incident to agricultural purposes.
(2) “Area, Building”. The total of areas taken on a horizontal plane at the main grade level of the principal building and all accessory buildings exclusive of uncovered porches, terraces and steps. All dimensions shall be measured between the exterior faces of walls.
(3) “Area, Land”. The term “land area”, when referring to the required area per dwelling unit, means “net land area”, the area exclusive of streets and other public open space.
(4) “Buffer”. Whenever mentioned in this Zoning Ordinance means a strip of land reserved for the purpose of blocking the view from a residential use of the abutting commercial or industrial use by landscaping material (trees, shrubs, etc.) or a fence to a height of at least six (6) feet. If a fence is utilized it must be of a material or design sufficient to obscure a view of the abutting commercial or industrial use, and the side facing the residential use must be finished so as to provide a good cosmetic appearance. Such a fence must also conform to all regulations in this Ordinance for “fences”. The landscaping material or fence must be located along the inside edge of the buffer strip and not on the property line. The buffer strip shall be clear of any structures or driveways, and no parking or other uses related to the commercial or industrial use shall be permitted within the strip. The regulation for fences within the set-back area is modified to allow for a six (6) foot minimum fence, but shall not be located any closer than thirty (30) feet from the right-of-way of the street along the front property line.
(5) “Building, principal”. A structure in which is conducted the principal use of the site on which it is situated. In any residential district any dwelling shall be deemed to be a principal building on the district lot on which the same is located.
(6) “Building, accessory”. A building, the use of which is customarily incidental to that of a principal building and which is located on the same lot as that occupied by the principal building.
(7) “Building, accessory use of”. A use customarily incidental of the use of a principal building, not occupying more than twenty-five percent (25%) of the total above ground floor area of the principal building thereof and including:
A. The office or studio of a physician or surgeon, dentist, accountant, artist, musician, lawyer, architect, engineer, teacher, insurance agent, relator, or other such professional person residing on the premises, provided there is no advertising display visible from the street, other than a small professional nameplate. The above shall not be interpreted to include the office or place of business of a mortician.
B. Customary home occupations as defined herein, provided:
1. There is no display of goods visible from the street;
2. There is no exterior advertising, other than an unlighted sign not over two (2) square feet in area; and
3. Such occupation is conducted in the main building by a person or persons residing therein.
(8) “Building, alteration of”. Any addition to a building, a change or rearrangement in the structural parts or exit facilities, or any change in the use from one district classification to another, or removal of building from one location to another.
(9) “Building or structure; nonconforming”. An established building lawfully existing prior to and at the time of the adoption of this Zoning Ordinance which, because of its inherent nature of construction, does not conform to and with the provisions of this Zoning Ordinance for the district in which it is located.
(10) “Building, height of”. The vertical distance measured from the average elevation of the finished lot grade at the front of the building to the highest point of the ceiling of the top story in the case of a flat roof; to the deck line of mansard roof; and to the mean height level between the eaves and ridge of a gable, hip or gambrel roof.
(11) “Building line, front”. A line parallel to a street at a distance equal to the required front yard or at a greater distance when otherwise legally established by the municipality or by private covenant. Regardless of deed restrictions, the minimum distance as established by this Zoning Ordinance shall hold.
(12) “Cellar homes”. A structure used as a residence which is limited to one story that is submerged by at least one-half below grade and was intended to be the basement of a residential structure which was not completed above the joist, now serving as the roof system.
(13) “Cemetery”. Land used or intended to be used for the burial of dead human beings and dedicated for cemetery purposes, including columnbariums, mausoleums and mortuaries when operated with and within the boundary of such cemetery.
(14) “Clubhouse”. A building to house a club or social organization not conducted for profit and which is not an adjunct to or operated by or in connection with a public tavern, café, or other public place.
(15) “Construction”. Whenever mentioned in this Zoning Ordinance shall be deemed begun when ground is broken for the purpose of the erection of any building falling under the jurisdiction of this Zoning Ordinance.
(16) “Coverage”. That percentage of the lot covered by the Building Area.
(17) “Customary home occupation”. Any use customarily conducted entirely within the principal structure and carried out by the inhabitants thereof, which use is clearly incidental and secondary to the use of the principal structure and does not change the character thereof.
(18) “Driveway”. Land situated on a lot used or intended to be used to provide access to it by vehicular traffic.
(19) “Dump”. Land used for the disposal by abandonment, dumping, burial, burning or any other means, and for whatever purpose of garbage, sewage, trash, refuse, junk, discarded machinery, vehicles or parts thereof, or waste materials of any kind.
(20) “Dwelling unit”. Space, within a building, 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 family and its household employees.
(21) “Dwelling, single family”. A building consisting of a single dwelling unit only, separated from other dwelling units by open space.
(22) “Dwelling, two-family”. A building consisting of two dwelling units which may be either attached side by side or one above the other, and each unit having a separate or combined entrance or entrances.
(23) “Dwelling, multi-family.” A building consisting of three or more dwelling units including condominiums, garden apartments and town houses with varying arrangements of entrances and party walls. Multi-family housing may include public housing.
(Ord. 97-27. Passed 6-19-17.)
(24) “Family household”.
A. Purpose. For purposes of the Village of Cadiz Zoning Code, the definition “Family Household” shall serve as the definition of a Family, in particular as it relates to the community of single family, two-family, and multi-family dwelling units. A Family Household is where one or more persons occupy a dwelling as a functional unit. A functional unit is either a family where one or more persons is related to each other by blood, adoption or marriage; or where two or more persons, one or more persons whose relationship is functionally equivalent to a family but who are not related by blood, adoption or marriage. The standards for determining whether a group of unrelated persons living together constitutes a family household are set forth in subsection (24)B. hereof.
B. Determination of family household status. The determination by the Village that a group of specified persons living together as the functional equivalent of a family may be transferrable with the same exact group of individuals to another dwelling. Any such designation, does not however run with the property when the property is occupied by a different family household or group of individuals.
1. Responsibilities. - It shall be the responsibility of the property owner to provide information/evidence as may be required by the Village as defined herein to document that a family household meets the functional equivalency test as family. The Village through its enforcement of the Zoning Code, shall have the final determination in deciding whether the functional equivalency test is met.
2. Appeals. - Whenever the Village makes a determination or decision regarding the functional equivalency of a family as part of the enforcement of the Zoning Code or any other portion of the Codified Ordinances of the Village, the decision may be appealed to the Board of Zoning Appeals. The Board of Zoning Appeals shall treat such an appeal in accordance with the process specified for appeals as defined in Chapter 1123. The Board may overrule, modify or uphold the decision regarding functional equivalency only where there is evidence in the record that there was an error or omission in the original decision of the factors in subsection 24C. hereof. The following parties have the right to appeal a decision regarding functional equivalency:
a. Any member of the group proposed as a family household;
b. The owner of the premises occupied by such group; or
c. Any other person that can demonstrate that they have been aggrieved by the initial decision.
3. Factors - The determination of whether a group of unrelated persons living together are the functional equivalent of a family shall be based on such of the following factors as may be presented during the enforcement investigation by the Village. The presence or absence of any single factor is not necessarily determinative of whether the unit constitutes a family.
a. The following factors shall be prima facie evidence that the group of persons living together constitutes a family household:
i. The same group of persons, or a majority of them, has resided together at a different location for a period of no less than six (6) months, or resided together at the present location for at least twelve (12) months: and
ii. One or two members of the group have executed the lease for the entire premises, including the entire rental obligation, and there are no sub-lease, hold harmless or other arrangements to pro-rate the rent or recover the rent from other members of the group.
4. Prima Facie Evidence. - The following factors shall be prima facie evidence that the group of persons does not constitute a family:
a. Individual members of the group have entered into separate leases for the same premises or parts thereof, with the obligation under each lease constituting only a portion of the
total periodic rent payment due to the landlord for occupancy of the premises; and
b. The premises are furnished with key-operated locks on individual rooms or with other means through which one member of the group may prevent other members of the group from entering his/her room or portion of the premises when he/she is not physically present (deadbolts, chains or other locking devices operated only from the inside of the room) shall not be considered as evidence of the status of the group.
5. The following additional factors shall be considered, to the extent known or applicable, in determining whether the group of persons constitutes a family:
a. Voter registration by a majority of the eligible members of the group listing the address of the group’s dwelling shall be considered evidence in support of the proposition that the group is a family household. Voter registration listing other addresses by a majority of the adult members of the group, or by a majority of those actually registered to vote shall be considered evidence negating the proposition that the group is a family.
b. Driver’s license held by a majority of the adult members of the group listing the address of the group’s dwelling shall be considered evidence in support of the proposition that the group is a family household. Driver’s licenses listing other addresses by a majority of the adult members of the group, or by a majority of those actually holding such licenses shall be considered evidence negating the proposition that the group is a family household.
c. The registration of motor vehicles regularly found at the dwelling listing the address of the group’s dwelling shall be considered evidence in support of the proposition that the group is a family household. The regular presence at the dwelling of one or more motor vehicles belonging to members of the group and registered at one or more other addresses shall be considered evidence negating the proposition that the group is a family household.
d. The filing of tax returns by a majority of the members of the group listing the address of the group’s dwelling shall be considered evidence in support of the proposition that the group is a family household. The filing of tax returns listing other addresses by members of the group shall be considered evidence negating the proposition that the group is a family household. Evidence that one or more individuals are claimed as dependents on the income tax return of individuals not resident in the family household shall be considered evidence that the group is not a family household.
e. The presence of minor dependent children regularly residing in the dwelling unit and enrolled in local schools with one or more members of the group acting in the role of parents (and primary care-givers) shall be considered a factor tending to support the proposition that the group is a family household.
f. Evidence that groceries are purchased and meals regularly prepared for the group as a whole shall be considered evidence in support of the proposition that the group is a family household. For purposes of this factor, weekly joint purchases of groceries and the preparation and sharing of at least seven meals per week shall be considered “regularly prepared.”
g. Any other relevant factor which would be found to represent or define a family relationship.
C. Evidence. In making the determination of whether the group constitutes a family household, the decision shall be made based on the preponderance of the evidence available. Where there is prima facie evidence supporting only one side of the proposition, the Village shall make a determination that is supported by the prima facie evidence, unless compelling evidence is presented supporting the other side of the proposition. In the case of the latter, the compelling evidence should be supported by at least three of the factors listed in Section 1105.02
(24)B. above.
D. Handicap/Disability. Living arrangements for persons with a “Handicap” or “Disability” as those terms are defined by local, State or Federal Law, will be presumed to be a family household.
(Ord. 2014-09. Passed 5-8-14.)
(25) “Farm”. Any tract of land comprising 5 or more acres on which agricultural products, animal products or animals with a value of five hundred dollars ($500.00) or more are produced annually.
(26) “Future land use plan”. A plan, or any portion thereof, adopted by the Planning Commission and/or the legislative authority of Cadiz Village showing the general location and extent of present and proposed physical facilities including housing, industrial and commercial uses, major streets, parks, schools, and other community facilities. This plan establishes the goals, objectives, and policies of the community.
(27) “Essential public services”. The erection, construction, alteration, or maintenance by public utilities, or Village or other governmental agencies of underground, or overhead gas, electrical, or water transmission or distribution 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 Village or other governmental agencies for the public health or safety or general welfare.
(28) “Garage, private”. A garage not conducted as a business or used for the storage space for more than one commercial vehicle which shall be owned by a person residing on the premises.
(29) “Green areas”. Whenever mentioned in this Zoning Ordinance means an area of the parcel or lot that shall be set aside for grass or vegetation to be maintained, exclusive of driveways, parking areas and structures. Whenever parking areas, as required by this Zoning Ordinance, create a large area, it is requested that the parking area be broken up with small planter areas, including trees. These planter areas will be included in the mandated green area.
(30) “Kennel”. Any establishment including cages, dog runs, and structures wherein more than three dogs which are over 6 months of age are harbored, bred, or boarded producing a gross income of one hundred fifty dollars ($150.00) or more annually.
(31) “Lot”. A piece, parcel or plot of land occupied or designed to be occupied by a principal building and its accessory building or buildings and including the yards and other open spaces required by this Zoning Ordinance. In the case of public, institutional, commercial or industrial buildings, a group of buildings, under the same ownership may be considered as occupying the same lot.
(32) “Lot, corner”. A lot which has an interior angle of less than 135 degrees at the intersection of two street lot lines. A lot abutting upon a curved street or streets shall be considered a corner lot if the tangents to the curve at points beginning within the lot or at the points of intersection of the side lot lines with the street line intersect at an interior angle of less than 135 degrees.
(33) “Lot, depth”. The horizontal distance from the street line of the lot to its opposite rear line measured along the median between the two side lot lines.
(34) “Lot interior”. A lot other than a corner lot.
(35) “Lot lines”. The lines that bound a lot as defined herein.
(36) “Lot, nonconforming”. Any district lot lawfully existing at the effective date of this Zoning Ordinance, or any subsequent amendment thereto, which is not in accordance with all provisions of this Zoning Ordinance.
(37) “Lot of record”. Any lot which has been established as such by plat, survey, record or deed prior to the date of this enactment as shown on the records of the Harrison County Recorder’s Office.
(38) “Lot, through”. An interior lot having frontage in two parallel or approximately parallel streets.
(39) “Lot width”. The distance between the side lot lines measured in a straight line at the right angles to the mean direction of such side lot lines which line of measurement shall touch, but not be in front of the building line required by this Ordinance. In the case of a corner lot, the minimum width shall be similarly measured and, for the purpose of this measurement only, the front line which has the least dimension shall be considered to be the front lot line and the lot lines adjacent thereto shall be considered to be the side lot lines.
(40) “Mobile homes”. A mobile home is any portable vehicle which is designed to be transported on its own wheels or those of another vehicle; which is used, designed to be used and capable of being used as a detached single family residence; and which is intended to be occupied as a permanent living quarters containing sleeping accommodations, a flush toilet, a tub and shower, kitchen facilities and plumbing and electrical connections for attachment to outside systems.
(41) “Mobile home park”. A mobile home park is any parcel of land which is planned and improved for the placement of two (2) or more mobile homes or trailers which are used as dwellings and for occupancy together with necessary improvements and facilities upon the land.
(42) “Non-conforming use”. For the purpose of this Zoning Ordinance, is a use that does not comply with the regulations established for the particular use district or zone in which the use is situated.
(43) “Nursery school”. A school designed to provide daytime care or instruction for two or more children from two to five years of age inclusive and operated on a regular basis.
(44) “Nursing homes”. A home facility for the care and treatment of babies, children, pensioners or elderly people.
(45) “Open space”. Any occupied space open to the sky required by the terms of this Zoning Ordinance.
(46) “Parking space.” For the purpose of computing the number of parking spaces available in a given area, the ratio of two hundred (200) square feet parking space shall be used.
(47) “Quarry, sand pit, gravel pit, top soil stripping”. A lot or land or part thereof used for the purpose of extracting stone, sand, gravel or top soil for sale, as an industrial operation, and exclusive of the process of grading preparatory to the construction of a building for which a building has been issued, or highway construction.
(48) “Riding academy”. Any establishment where horses are kept for riding, driving or stabling for compensation or incidental to the operation of any club, association, ranch or similar establishment.
(49) “Roadside stand”. A stall or booth which shall be limited to the retail sale of farm products.
(50) “Sign”. Any structure or part thereof, attached thereto, or painted or represented thereon, which display or include any letter, work, model, banner, flag, pennant, insignia, device or representation, but not including the flag, pennant or insignia of any nation, state, city or other political unit, or of any political, educational, charitable, philanthropic, civic, professional, religions or like organization on the property thereof.
(51) “Sign, business”. A sign which directs attention to a business, profession, or industry located on the premises where the sign is displayed, to the type of products sold, manufactured or assembled, and/or to service or entertainment offered on said premises.
(52) “Sign, farm products”. A sign advertising the sale of farm products raised on the premises.
(53) “Sign, identification”. A sign used to identify the individual or organization occupying the premises or the name of the building or structure in connection with which the sign is displayed.
(54) “Sign, real estate”. A sign advertising property on which it is located, or a building thereon, for sale, rent or lease.
(55) (EDITOR’S NOTE: Former subsection (55) was repealed by Ordinance 2013-26, passed October 3, 2013.)
(56) “Stable, private”. An accessory building in which horses are kept for private use and not for hire, remuneration, or sale.
(57) “Stable, public”. A building in which horses are kept for remuneration, hire or sale.
(58) “Storage, open”. Land used for the keeping of goods, wares, or supplies on land outside of any building or structure.
(59) “Story”. Story shall mean that part of a building included between any floor, other than a cellar floor, and floor or roof next above.
(60) “Street”. Any public way not less than forty (40) feet right-of-way (20 feet paved) width which is dedicated and accepted for public travel.
(61) “Street line”. Means right-of-way line.
(62) “Structure”. Anything constructed or erected, the use of which requires location on the ground or attachment to something having location on the ground.
(63) “Structure, alteration of”. Any addition to a structure, a change or rearrangement in the structure parts, or any change in use from district classification to another, or removal of a structure from one location to another.
(64) “Swimming pool”. The term “swimming pool” means any body of water (excluding natural bodies of water fed by rivers, stream, brooks, or springs) or receptacle for swimming or bathing, and constructed, installed, or maintained in or on the ground outside any building.
(65) “Trailer”. A trailer is any portable vehicle which is designed to be transported on its own wheels; which is designed and intended to be used for temporary living quarters for travel, recreation or vacation purposes; and which may or may not include one or all of the accommodations and facilities included in a mobile home.
(66) “Trailer park”. A trailer park is any parcel of land which is planned and improved for the placement of two (2) or more trailers together with necessary improvements and facilities upon the land.
(67) “Use”. The specific purpose for which land or a building is designed, arranged, or intended, or for which it is or may be occupied or maintained. The term “permitted use” shall not be deemed to include any nonconforming use.
(68) “Use, accessory”. A use which is customarily incidental to and subordinate to the principal use of the premises, building, or structure and located on the same premises as the principal use building, or structure.
(69) “Use, nonconforming”. An established use of a building or structure or use of land lawfully existing prior to and at the time of the adoption or amendment of this Zoning Ordinance that does not conform with the permitted use provisions of this Zoning Ordinance as they apply to the district in which the building structure or land is located.
(70) “Yard”. An unoccupied space open to the sky on the same lot with a building or structure.
(71) “Yard, front”. An open space extending across the entire width of the lot between the front building line or front main wall of a building and front property line (street or road right- of-way line).
(72) “Yard, rear”. An open space extending across the entire width of the lot between the rear line of the lot and a line parallel to the rear line of the lot at a distance from the rear line of the lot specified for the zoning district in which the lot is situated.
(73) “Yard, side”. An open, unobstructed space on the same lot with a principal building between the principal building and side line of the lot and extending through the front yard to the rear yard.
(74) “Zoning Board of Appeals”. The Zoning Board of Appeals of Cadiz Village.
(75) “Zoning Inspector”. The Administrative officer charged with the duty of enforcing the provisions of this Zoning Ordinance.
(76) “Zoning Permit”. A document issued by the Zoning Inspector authorizing the use of lots, structures, uses of land and structures, and the characteristics of the uses.
(Ord. 97-27. Passed 6-19-97.)