(A) General interpretation.
(1) Words used in the present tense shall include the future.
(2) Singular number shall include the plural, and the plural, the singular.
(3) The word "used" shall include "arranged, designed, constructed, altered, converted, rented, leased," or "intended to be used."
(4) The word "shall" is mandatory, and the word "may" is permissive.
(B) Definitions. Unless the context otherwise requires, the following definitions shall be used in the interpretation of this chapter.
ABUTTING. Having a common border with, or being separated from, such a common by a right-of-way, alley, or easement.
ACCESSORY STRUCTURE. Any improvement to the property other than the main building(s), with the exception of landscaping, is an accessory structure. If a temporary building is placed on a property to provide extra space for expansion of a use, the temporary building shall also be an accessory structure.
ACCESSORY USE. A use incidental to and on the same lot or property as the principal use.
ADULT BOOKSTORE. An establishment that has an substantial portion of its stock-in-trade and offers for sale, for any form of consideration, any one or more of the following: books, magazines, periodicals, or other printed matter, or photographs, films, motion pictures, video cassettes, slides, or other
visual representation that are characterized by an emphasis upon the depiction or description of specified sexual activities or specified anatomical areas; or other instruments, devices, or paraphernalia that are designed for use in connection with specified sexual activities.
ADULT CABARET. A nightclub, bar, restaurant, or similar establishment that regularly features live performances that are characterized by the exposure of specified anatomical areas or by specified sexual activities, or films, motion pictures, video cassettes, slides, or other photographic reproductions in which a substantial portion of the total presentation time is devoted to the showing of material that is characterized by an emphasis upon the depiction or description of specified sexual activities or specified anatomical areas.
ADULT DAY CARE FACILITIES. A facility where adults that are not normally capable of taking care of themselves are taken care of on an hourly or daily basis by qualified persons, other than the primary care giver, without providing any overnight accommodations or routine medical service, other than emergency service or administering of medication. The facility is characterized by the fact that the adults do not leave or are not capable of leaving the facility without assistance from a care giver.
ADULT GROUP HOME. A group of six or more individuals not related by blood, marriage, adoption, or guardianship living together in a dwelling unit as a single housekeeping unit under supervision of on-site management, which is compensated by payment to providing organization and stability to those individuals. The individuals are usually not infirm and may be capable of leaving the premises without assistance. ADULT GROUP HOME does not include nursing homes where the individuals are infirm.
ADULT MOTION PICTURE THEATER. An establishment where, for any form of consideration, films, motion pictures, video cassettes, slides, or similar photographic reproductions are shown and in
which a substantial portion of the total presentation time is devoted to the showing of material characterized by an emphasis on the depiction or description of specified sexual activities or specified anatomical areas.
AGRICULTURE. The use of land exclusively for agricultural purposes including: farming, agriculture, horticulture, floriculture, viticulture, dairying, pasturage, animal and poultry husbandry, and the necessary accessory uses for packing, treating, or storing of the products of same; provided that the operation of such accessory uses shall be secondary to that of the normal agricultural activities. A use shall be classified as agricultural only if it is the principal or main use of the land.
ALLEY. A public or private thoroughfare which affords only a secondary means of access to a lot or abutting property.
ALTERATION. Any change, addition, or modification in construction or occupancy of an existing structure.
ALTERATIONS, STRUCTURAL. Any change in the supporting members of a building such as bearing walls, columns, beams, or girders.
AMUSEMENT ARCADES. A building or part of a building in which five or more pinball machines, video games, or other similar player-operated amusement devises are maintained.
APARTMENT. See Dwelling, Multiple-Family, as defined in this section.
AUTOMOBILE OR TRAILER SALES AREA. An open space area, other than a street, used for the display, sale, or rental of new or used motor vehicles or trailers in operable condition and where no repair work is done, including farm implements, boats, motorcycles, bicycles, and lawnmowers.
AUTOMOTIVE REPAIR. The repair, rebuilding, or reconditioning of motor vehicles or
parts thereof, including collision service, painting, and steam cleaning of vehicles.
AUTOMOTIVE SERVICE STATION OR FILLING STATIONS. See Gasoline Service Station or Filling Station, as defined in this section.
AUTOMOTIVE WASH OR AUTOMOTIVE CAR WASH. See Car Wash, as defined in this section.
BANNER. A flexible sign, usually temporary in nature, which is affixed at both ends to a pole or structure.
BAR, TAVERN, OR COCKTAIL LOUNGE. Any premises wherein alcoholic beverages are sold at retail for consumption on the premises and minors are excluded by law. It shall not mean a restaurant wherein such beverages are sold in conjunction with the sale of food for consumption on the premises and minors are not prohibited from dining.
BED AND BREAKFAST. A dwelling wherein lodging and/or food is provided by a resident family primarily for transient guests, as distinguished from a boarding house, hotel, or motel.
BILLBOARD. A sign that directs attention to a business, commodity, service, or entertainment conducted, sold or offered at a location other then the premises on which the sign is located.
BOARDING HOUSE. A building other than a hotel, motel, or a bed and breakfast where for compensation by the week or month, meals are provided for three or more unrelated boarders or roomers at any one time.
BUFFER AREA or SCREENING. A landscaped area intended to separate and partially obstruct the view of two adjacent land uses or properties from one another. Buffering includes fences, walls, hedges, berms, landscaping material, or a combination of these.
BUILDING. Any structure having a roof supported by columns or walls, used or intended to be used for the shelter or enclosure of persons, animals, or property. When such a structure is divided into separate parts by one or more unpierced walls extending from the ground up, each part is deemed a separate building with respect to the minimum side yard requirements as hereinafter provided.
BUILDING HEIGHT. The vertical distance between the average contact with the ground level at the front wall of the building to the highest point of the roof.
BULLETIN BOARD. An announcement sign usually with changeable lettering to inform the public of coming events at a public, semi-public, or nonprofit institution.
CAR WASH. An automobile service facility either manually operated or automatic for clearing interior and exterior of automobiles or other motor vehicles.
CEMETERY. Land used or intended to be used for the burial of the animal or human dead and dedicated for cemetery purposes, including crematories, mausoleums, and mortuaries if operated in connection with and within the boundaries of such cemetery.
CHILD CARE CENTER. An establishment that administers 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 if over 12 children are regularly cared for in a place or residence other than the child's own home. The term CHILD CARE CENTER also includes nursery schools where children under the age of five are receiving schooling.
CHILD CARE, HOME OPERATED. A private residence, where care, supervision, and protection are provided on a regular basis to 1 to 12 infants, toddlers, pre-school children, and school children
outside of school hours by a person who is not the parent but is a resident of the home. For the purposes of this definition, the resident children who are under 16 shall be included with the nonresident children when counting the number of children. A dwelling with a family with more than six children who are all living in the dwelling unit and are related shall not be considered a home operated child care.
CLINIC. A place used for the care, diagnosis, and treatment of sick, ailing, or injured persons, and those who are in need of medical and surgical attention but who are not provided with board or room or kept overnight on the premises.
CLUB. A building or portion thereof or premises owned or operated for a fraternal, literary, political, or educational purpose primarily for the exclusive use of its members and their guests.
COMPREHENSIVE PLAN. A plan, or any portion thereof, adopted by the Planning and Zoning Commission and the legislative authority of the City under Ordinance 26-93, showing the general location and extent or present and proposed physical facilities including housing, industrial, and commercial uses, major thoroughfares, parks, schools, and other community facilities. This plan establishes the goals, objectives, and policies of the community.
CONVALESCENT HOME. See Nursing Home, as defined in this section.
CONVENIENCE FOOD STORES. Any retail establishment offering for sale prepackaged food products, household items, and other goods commonly associated with the same and having a gross floor area of less than 5,000 square feet.
DENSITY. A unit of measure; the number of dwelling units per acre of land.
DENSITY, GROSS. The number of dwelling units per acre of the total land to be developed.
DENSITY, NET. The number of dwelling units per acre of land when the acreage involved includes only the land devoted to residential uses.
DRIVE-UP or DRIVE-THROUGH. An establishment that by design of physical facilities or by services or packaging procedures encourages or permit customers to receive a service or obtain a product that may be used or consumed in a motor vehicle on the premises or be entertained while remaining in an automobile.
DWELLING. A building or portion thereof which is designed to provide living accommodations for one or more families. A dwelling unit includes a permanently sited manufactured home as separately defined in this section.
DWELLING, ONE-FAMILY. A building used exclusively to provide one dwelling unit for occupancy by one family.
DWELLING, MULTIPLE-FAMILY. A building used exclusively to provide three or more dwelling units for occupancy by three or more families.
DWELLING, TWO-FAMILY. A building used exclusively to provide two dwelling units for occupancy by two families.
DWELLING UNIT. One or more rooms physically arranged so as to create an independent housekeeping establishment for occupancy by one family with separate toilets and facilities for cooking and sleeping. A DWELLING UNIT does not include mobile or manufactured homes, but does include industrialized units.
EASEMENT. The right of a person, government agency, or public utility company to use public or private land owned by another for a specific purpose.
FAMILY. One or more persons occupying a premises and living as a single housekeeping unit, whether or not related to each other by birth or marriage; as distinguished from a group occupying a boarding house, lodging house, or hotel as herein defined, provided, however, that unless all members are related by blood, adoption, or marriage, no such family shall contain over five persons.
FLASHING SIGN. A sign with any moving parts, illuminated or non-illuminated.
FREE-STANDING SIGNS. A sign supported by one or more upright poles, columns, or braces placed in or on the ground and not attached to any building or structure.
FRONTAGE. All the property on one side of a street between two intersecting streets, crossing or terminating, measured along the line of the street, or if the street is dead ended, then all the property abutting on one side between an intersecting street and the dead-end of a street.
GARAGE. An accessory building for automobiles in which no occupation or business is carried on.
GARAGE, REPAIR. See Automotive Repair, as defined in this section.
GASOLINE SERVICE STATION or FILLING STATION. A building or part of a building or structure or space for the retail sale of gasoline, lubricants, and motor vehicle accessories and/or for minor service and repairs not accompanied by objectionable noises, fumes, dust, or odors.
GRADE. The lowest point of elevation of the finished surface of the ground, paving, or sidewalk within the area between the building and the property line or when the property line is more than five feet from the building, between the building, and a line five feet from the building.
GROUND SIGN. A permanent free- standing sign of less than four feet above the finished grade.
HOME OCCUPATION. Any occupation conducted entirely within a dwelling unit exclusive of garages or accessory buildings carried on by persons residing in the dwelling unit, which use is clearly incidental and secondary to the use of the dwelling for dwelling purposes and does not involve any extension or modification of the dwelling which will alter its outward appearance.
HOTEL. A business which offers overnight accommodations to transient guests on a daily rate basis and often providing other services for the guests such as restaurants, meeting rooms, and recreational facilities. See also Motel, as defined in this section.
HIGH-RISE SIGN. A free-standing sign in excess of 30 feet in height.
ILLUMINATED SIGN. A sign, whether permanent or temporary illuminated in any way with an artificial lighting source.
INDUSTRIALIZED DWELLING UNIT. An assembly of materials or products comprising all or part of a total structure which, when constructed, is self-sufficient or substantially self-sufficient, and when installed, constitutes a dwelling unit, except for necessary preparations for its placement. Industrialized units include units commonly referred to as modular or pre-fabricated units, but do not include mobile homes or manufactured homes as separately defined.
LOT. A parcel of land occupied or intended to be occupied by one or more dwellings in a residential district or a permitted building or use in a commercial or industrial district, intended as a unit for transfer of ownership, together with accessory buildings and uses customarily incident thereto. A lot includes open spaces and minimum area provisions as are required by this chapter for the district in which the lot is situated and having its principal frontage on a public street or public right-of-way. (See Figure 3)
LOT, CORNER. A lot having two adjacent sides abutting upon two streets. (See Figure 3)
LOT DEPTH. The mean horizontal distance between the front and rear lot lines. (See Figure 3)
LOT, DOUBLE FRONTAGE. A lot having a frontage on two non-intersecting streets, as distinguished from a corner lot. (See Figure 3)
LOT, INTERIOR. A lot other than a corner lot with only one frontage on a street. (See Figure 3)
Figure 3
LOT OF RECORD. A lot which is part of a subdivision, the map of which has been recorded in the office of the County Recorder; or a parcel of land described by metes and bounds, the description of which has been recorded in the office of the County Recorder of Guernsey County, Ohio. For the purposes of this Ordinance, any preliminary plan of a subdivision which has been approved by official action of the Planning and Zoning Commission prior to the date upon which this Ordinance becomes effective has the same status as if the subdivision plan were officially recorded.
MANUFACTURED HOME. A building unit or assembly of closed construction that is fabricated in an off-site facility 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, and that has a permanent label or tag affixed to it certifying compliance with all applicable federal construction and safety standards.
MANUFACTURED HOME (PERMANENTLY SITED). A manufactured home that meets all of the following criteria: The structure is affixed to a permanent foundation and is connected to appropriate facilities:
(1) The structure, excluding an addition, has a width of at least 22 feet at one point, a length of at least twenty-two feet at one point, and a total living area, excluding garages, porches, or attachments of at least 900 square feet;
(2) The structure has a minimum 3:12 residential roof pitch, conventional residential siding, and a six-inch minimum eave overhang, including appropriate guttering;
(3) The structure was manufactured after January 1, 1995;
(4) The structure is not located in a manufactured home park as defined by R.C. § 3733.01.
MARQUEE. A canopy that provides additional loading for graphics.
MOBILE HOME. A transportable, factory-built home designed to be used as a year-round residential dwelling and built prior to the enactment of the Federal Manufactured Housing Construction and Safety Standards Act of 1974.
MODULAR HOME. Factory-built housing certified as meeting the State Building Code as applicable to modular housing. Once certified by the state, modular homes shall be subject to the same standards as site-built homes.
MOTEL. A building or group of detached or connected buildings designed or used primarily for providing sleeping accommodations for automobile travelers and having a parking space adjacent to a sleeping room. An automobile court or a tourist court with more than one unit or a motor lodge shall be deemed a motel. See also Hotel as defined in this section.
MOTOR HOME. See Travel Trailer as defined in this section.
MULTI-SECTION MANUFACTURED HOME. A factory-built home constructed to the design and specification standards of a manufactured home as set forth in 24 CFR 3280, 3282 and 3283, and 42 USC 5401 et. seq.
NONCONFORMING USE. Any building, structure, or land lawfully occupied by a use on the effective date of this chapter or any amendment or supplement thereto which does not conform to the use regulations of the district in which it is situated.
NURSING HOME. Any place or abode, building, institution, residence, or home used for the reception and care for a consideration of three or more persons who by reason of age or mental or physical infirmities are not capable of properly caring for themselves, or who are 65 years of age or over and for which a license, if necessary, has been issued by
the Ohio Department of Public Welfare or other appropriate agency. Patron residents of a nursing home are normally characterized by a lack of ability to leave the home without assistance from a care giver.
OPEN SPACE. An area open to the sky which is or may be on the same lot with a building or structure. This area may include landscaped areas.
PARKING SPACE, OFF-STREET. An unobstructed space or area other than a street or alley that is permanently reserved and maintained for the parking of one motor vehicle.
PENNANT. A fabric or flexible sign, usually temporary in nature, affixed to a pole or structure on one end.
PERFORMANCE BOND or SURETY BOND. An agreement by a subdivider or developer with the city for the amount of the estimated construction cost guaranteeing the completion of physical improvements according to plans and specifications within the time prescribed by the subdivider's agreement.
PLANNED DEVELOPMENT (PD). An area of land in which a variety of uses are accommodated in a pre-planned environment under more flexible standards such, as lot sizes and setbacks, than those restrictions that would normally apply under this chapter. The procedure for approval of such development contains requirements in addition to those of the standard subdivision, such as building design principles and landscaping plans as set forth in §§ 155.1501 through 155.1510.
POLE SIGN. An advertising sign or signs hung or attached to a free-standing pole or similar structure having a total height of 30 feet or less.
PROFESSIONAL ACTIVITIES. The use of offices and related spaces for such professional services as are provided by medical practitioners, lawyers, architects, and engineers, and similar professions.
PROJECTING SIGN. A sign that projects in perpendicular or "V"- shape fashion from the outside wall of a building.
PUBLIC USE. Public parks, schools, and administrative and cultural buildings and structures, including public land or buildings devoted solely to the storage and maintenance of equipment and materials and public service facilities, including water and sewer service facilities.
RECREATIONAL FACILITIES. Commercial or noncommercial facilities that offer non-passive recreational services to a group of people or the general public. Included in this definition are outdoor recreational facilities such as golf courses, driving ranges, tennis courts, swimming pools, and indoor recreational facilities in which all activities are conducted indoors. This definition could also include a combination of indoor and outdoor recreational services.
RESTAURANT. A commercial enterprise where the primary, if not exclusive, activity and purpose is the preparation, sale, and consumption of food of all kinds to the public.
REPAIR GARAGE. See Automotive Repair as defined in this section.
RIGHT-OF-WAY. A strip of land taken or dedicated for use as a public way. In addition to the roadway, it normally incorporates the curbs, lawn strips, sidewalks, lighting, and drainage facilities and may include special features (required by the topography or treatment) such as grade separation, landscaped areas, viaducts, and bridges.
ROADSIDE STAND. A removable structure used or intended to be used solely by the owner or the tenant of a property on which it is located for the sale of seasonal agricultural products produced on the premises and is stored back of the building line on the property at the conclusion of the seasonal sales.
ROOF SIGN. A sign erected upon and located completely above the roof of a building.
SATELLITE DISH. A signal-receiving device whose purpose is to receive or send communications or signals from earth-orbiting satellites or other sources.
SECONDARY SIGN. A sign typically advertising special services or public announcements such as time and temperature, located on a separate sign below the main sign not exceeding 10% of the main sign.
SERVICE STATION. See Gasoline Service Station as defined in this section.
SIGN. A structure or device designed or intended to convey information to the public in written or pictorial form.
SPECIFIED ANATOMICAL AREAS. As used herein, specified anatomical areas means and includes any of the following: less than completely and opaquely covered human genitals, pubic region, buttocks, anus, or female breasts below a point immediately above the top of the areolae; or human male genitals in a discernibly turgid state, even if completely and opaquely covered.
SPECIFIED SEXUAL ACTIVITIES. As used herein, specified sexual activities means and includes any of the following: (1) the fondling or other erotic touching of human genitals, pubic region, buttocks, anus, or female breasts; (2) sex acts, normal or perverted, actual or simulated, including intercourse, oral copulation, or sodomy; (3) masturbation, actual or simulated; or (4) excretory functions as part of or in connection with any of the activities set forth in this definition.
STREET. All property dedicated or intended for public or private use for passage or travel of motor vehicles.
STRUCTURE. Anything built or constructed which requires a permanent location on any given lot, other than landscaping. Structures include but are not limited to buildings, pools, tennis courts, storage
facilities, parking lots, roadside stands, monuments, statues, flagpoles, and signs.
TEMPORARY SIGN. A display, informational sign, banner, or other advertising device constructed of cloth, canvas, fabric, wood, or other temporary material with or without a structural frame and intended for a limited period of display, including decorative displays for holidays or public demonstrations.
TRAVEL TRAILER or TRAILER. A vehicle, whether or not it is pulled by another vehicle, used or intended for use as a conveyance upon the public streets or highways, so designed, constructed, reconstructed, or added to by means of portable accessories in such manner as will permit the occupancy thereof as a movable dwelling or sleeping place.
USE. The specific purposes for which a building or land is designated, arranged, intended, or maintained. In the classification of uses, a use may be a use as commonly understood or the name of an occupation, business, activity, or operation carried on in a building or on premises or the name of a building, place, or thing which name indicates the use or intended use.
USABLE FLOOR AREA. The areas of all floors of a building including basement, penthouse, enclosed porches, atriums, mezzanines, or attic story that are used for human occupancy. The USABLE FLOOR AREA will be measured from the exterior surfaces of the walls. USABLE FLOOR AREA also includes the elevator shafts and spaces used for mechanical equipment with headroom of six feet, six inches or more. USABLE FLOOR AREA does not include cellars or unenclosed porches, unless access is limited and an outdoor use is planned, or attics not used for human occupancy, or any floor space in an accessory building, or the main building designed for the parking of motor vehicles.
VARIANCE. A modification of the strict terms of the relevant regulations of this chapter where such modification will not be contrary to the public interest.
A variance is also a modification of regulations where owing to conditions peculiar to the property and not the result of the action of the applicant, a literal enforcement of this chapter would result in unnecessary and undue hardship. Variances can only be granted by the Planning and Zoning Commission as provided under § 155.2504(C).
WALL SIGN. A sign painted on the outside of a building or attached to and erected parallel to the face of a building and supported throughout its length by such building.
WINDOW SIGN. A sign painted, attached, or affixed to either the interior or exterior surface of windows or doors. This definition shall not include signs for special announcement sales and other signs designed to serve for a limited period of time.
WIRELESS TELECOMMUNICATIONS EQUIPMENT SHELTER. A structure in which electronic receiving and relay equipment for a wireless telecommunications facility is house.
WIRELESS TELECOMMUNICATIONS FACILITY. A facility consisting of the equipment and structures involved in receiving or relaying telecommunications or radio signals from a mobile radio communication source and transmitting those signals to a central switching computer which connects the mobile unit with land-based telephone lines.
WIRELESS TELECOMMUNICATIONS TOWER. A structure intended to support equipment used to transmit, relay, and/or receive telecommunications signals, including but not limited to monopolies, guyed, and lattice construction steel structures.
YARD. Any open space located on the same lot with a building, unoccupied and unobstructed from the ground up, except for accessory buildings or such projections as are expressly permitted in these
regulations. The minimum depth or width of a yard shall consist of the horizontal distance between the lot line and the nearest point of the foundation wall of the main building.
YARD REQUIREMENT. The open space between a lot line and the building area within which no structure shall be located except as provided in the Zoning Ordinance.
ZERO LOT LINE. The location of a building on a lot in such a manner that one or more of the building's sides rests directly on a lot line. Also, for the purposes of this chapter, a zero lot line shall include buildings that are built with a shared wall resting on a lot line, and the shared wall shall be considered the zero lot line if the building is intended to be owned by two separate owners on both sides of the shared wall. (See Figure 4)
ZONING INSPECTOR. An appointed administrative official under the jurisdiction of the City Engineer who implements, enforces and interprets the provisions, regulations and requirements of the City of Cambridge Zoning Resolution.
ZONING MAP, CITY OF CAMBRIDGE. The zoning map for the City of Cambridge showing at least the corporation limits and streets and other landmarks for reference, the property boundaries for all properties inside the city, and the zoning categories that have been adopted and are enforced for the properties contained within the city. Also referred to as the City Zoning Map.
ZONING PERMIT. A document issued by the Building and Zoning Inspector authorizing the use of lots, structures, uses of land and structures, and the characteristics of the uses.
Figure 4
(Ord. 37-02, passed 7-10-02)