(a) INTERPRETATION: All words used in the present tense include the future tense. All words in the singular include plural and all words in the plural include the singular. The word “shall” is mandatory and not discretionary. The word “used” shall be deemed to include “designed, intended, or arranged to be used.”
(b) ACCESSORY USE OR BUILDING: Any use or structure located on the same lot as or adjacent to a lot occupied by a primary use or structure where both the lot occupied by the primary use or structure and the adjacent lot are owned by the same party.
(c) ALLEY OR LANE: A public or private way not more than 20 feet wide affording only secondary means of access to abutting property.
(d) APARTMENT HOUSE: See Dwelling, Multi-Family.
(e) AUTOMOTIVE SERVICE STATION OR FILLING STATION: A place where
gasoline, kerosene, or any other motor fuel or lubrication, oil or grease for operating motor vehicles is offered for sale to the public and deliveries are made directly into motor vehicles, including greasing and oiling on the premises or where repair or maintenance of motor vehicles is performed.
(f) AUTOMOBILE WRECKING: The dismantling or disassembly of used motor vehicles or trailers, or the storage, sale or dumping of dismantled, partially dismantled, obsolete or wrecked vehicles or their parts.
(g) BASEMENT: A story whose floor line is below grade at any entrance or exit and whose ceiling is not more than 5 feet above grade at any such entrance or exit.
(h) BEGINNING OF CONSTRUCTION: The incorporation of labor and material within the walls of the building or buildings; the incorporation of labor and materials at the site, lot or parcel where a building is to be constructed; the incorporation of labor and materials where land is to be used for purposes other than construction of a building; the moving of dirt which alters the natural topography and/or drainage patterns of the area.
(i) BOARD: The Board of Zoning Appeals of the Village of Cardington.
(j) BOARDING OR LODGING HOUSE: A dwelling or part thereof where meals and/or lodging are provided for three or more persons for compensation by previous arrangement, but not transients.
(k) BUILDING: Any structure constructed or used for residential, business, manufacturing, or other public or private purposes, or accessory thereto, and including tents, lunch wagons, dining cars, and similar structures, whether stationary or movable.
(l) BUILDING PERMIT: A document issued by the Zoning Inspector authorizing the construction of a new building or an addition to an existing building.
(m) CEMETERY: Land used or intended to be used for the burial of the human dead and dedicated for cemetery purposes.
(n) CLINIC: A place which provides a range of services by a group of licensed practitioners, their associate(s) and assistant(s), including the care, diagnosis, and treatment of those who are sick, ailing, and/or injured persons, and including the care of those who are in need of medical, surgical, or dental attention, but who are not provided with board or room nor kept overnight on the premises.
(o) CLUB: A non-profit association of persons who are bonafide members, paying regular dues, and are organized for some common purpose, but not including a group organized solely or primarily to render a service customarily as a business enterprise.
(p) COMMISSION: The Village Planning and Zoning Commission.
(q) DISTRICT: A portion of the territory of the Village within which certain uniform regulations and requirements or various combinations thereof apply.
(r) DWELLING: A permanent building used primarily for human habitation, including industrialized units, but not including manufactured homes, mobile homes, recreational vehicles and facilities for the housing of transient residents.
(1) Dwelling, Single-Family: A permanent building separate and free standing in itself providing living accommodations for one family.
(2) Dwelling, Two-Family: A permanent building designed for occupancy by two families.
(3) Dwelling, Multi-Family: A permanent building or portion thereof providing separate living accommodations for three or more families.
(4) Dwelling, Unit: One room, or a suite, or two or more rooms, designed for or used by one family for living and sleeping purposes and having one kitchen, or kitchenette.
(5) Dwelling, Group: A group of two or more detached dwellings located on a parcel of land having any yard or court in common.
(s) ESSENTIAL SERVICES: Those public services provided by the state, county, village or township.
(t) FRONTAGE: All the property abutting on one side of a street, between intersecting or intercepting streets, or between a street and right-of-way, waterway, and of a dead- end street or village boundary measured along the street line. An intercepting street shall determine only the boundary of the frontage on the side of the street which it intercepts.
(u) GARAGE, PRIVATE: A detached accessory building or a portion of the principal building used primarily for the storage of self-propelled passenger vehicles.
(v) GARAGE, PUBLIC: A space or structure for the storage, sale, hire, care, repair, or refinishing of self-propelled vehicles.
(w) GROUP HOME: Any “Licensed Family Home”, “Foster Family Home”, “Public Residential Care Facility”, “Proprietary Home”, “Residential Care Facility”, or “Group Home” as defined in Chapter 4321:2-3-02 of the Ohio Administrative Code.
(x) HOME OCCUPATION: Any use conducted entirely within a dwelling by the occupant of the dwelling and as a secondary use which is clearly incidental to the use of the dwelling for residential purposes. Such a use shall not employ more than one (1) person outside the family resident in the dwelling.
(y) HOSPITAL: A building or a portion thereof used for the accommodation of sick, injured or infirm persons, including sanitarium.
(z) HOTEL OR MOTOR HOTEL: A series of detached, semi-attached or attached sleeping or living units, for the accommodation of transient guests, said units having convenient access to off-street parking spaces, for the exclusive use of the guests or occupants.
(aa) INDUSTRIALIZED UNIT: A building unit or assembly of closed construction fabricated in an off-site facility, that is substantially self-sufficient as a unit or as part of a greater structure, and that requires transportation to the site of intended use. “Industrialized units” include units installed on the site as independent units, as part of a group of units, or incorporated with standard construction methods to from a completed structural entity. “Industrialized unit” does not include a manufactured home or a mobile home.
(bb) JUNK YARD: Any open area where waste, discarded or salvaged materials are bought, sold, exchanged, baled or packed, disassembled or handled, including auto wrecking yards, house wrecking yards, used lumber yards, and places or yards for storage and equipment.
(cc) KENNEL: Any structure or premises in which four or more dogs over four (4) months of age are kept.
(dd) LOT: A piece, parcel, or plot of land, included, but not limited to a single platted lot, a portion of a platted lot, a combination of platted lots or portions of platted lots. A platted lot shall mean a tract or parcel of land as designed on the official recorded plats of the Village of Cardington, Ohio.
(ee) 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,” 88 Stat. 700, 42 U.S.C.A. Section 5401, 5403 and that has a permanent label or tab affixed to it, as specified in 42 U.S.C.A. 5415, certifying compliance with all applicable federal construction and safety standards. “Manufactured home” also includes such a unit that has been affixed to a permanent foundation.
(ff) MANUFACTURING: Storage, repair, manufacture, preparation or treatment of any article, substance or commodity.
(gg) MOBILE HOME: “Mobile home” means a building unit or assembly of closed construction that is fabricated in an off-site facility, is more than thirty-five body feet in length, or, when erected on site, is 320 or more square feet, is built on a permanent chassis, is transportable in one or more sections, and does not qualify as a manufactured home as defined in Ohio R.C. 3781.06(C)(4) or as an industrialized unit as defined in Ohio R.C. 3781.06(C)(3).
(hh) NONCONFORMING USE: A use of building or land lawful at the time of enactment of this ordinance that does not conform with the “permitted use” provisions of this ordinance.
(ii) RECREATIONAL FACILITIES: Any instrumentality provided by public, church, or private enterprise, for the purpose of rest and relaxation, mental or physical refreshment, or any other recreational activity.
(jj) STAFF: Employees of the Village of Cardington, Ohio and Consultants employed by the Village of Cardington, Ohio.
(kk) STANDARD EQUIPMENT: A criterion for the control or type, and placing, of industrial equipment.
(ll) PERFORMANCE STANDARD: A criterion established in the interest of protecting the public health and safety for the control of noise, odor, smoke, or other nuisance which is generated by and inherent to or incidental to land uses.
(mm) RECREATIONAL VEHICLE: Recreational vehicle shall have the same meaning as contained in Ohio R.C. 4501.01(Q).
(nn) STORY: That portion of a building, 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.
(oo) STREET: Any public or private way dedicated to public travel. The word “street” shall include the words, “roads, highways, and thoroughfare”.
(pp) STRUCTURE: Anything constructed, the use of which required permanent location on the ground, or attachment to something having a permanent location on the ground.
(qq) STRUCTURAL ALTERATION: Any change in the structural members of a building, such as walls, columns, beams, or girders.
(rr) TOURIST HOME: A building or part thereof, other than a boarding house, lodging house, hotel or motor hotel, where lodging is provided by a resident family in their home for compensation, mainly for transients.
(ss) THOROUGHFARE, PRIMARY OR SECONDARY: A federal or state numbered highway or county or other road or street designed as a primary thoroughfare or a county or other road, street, or alley designated as a secondary thoroughfare.
(Ord. 2007-24. Passed 11-19-07.)
(tt) UNIT STORAGE FACILITY: A facility comprised of a building or buildings housing enclosed multiple storage units primarily for rental to the general public. Storage shall be limited to enclosed areas. A unit storage facility differs from a warehouse in that the average size of the individual leased area is less than 500 square feet. A unit storage facility would not include the following on-site activities:
(1) Repair and maintenance of machinery and equipment;
(2) Product assembly;
(3) Personal or business service. (Ord. 2009-04. Passed 3-2-09.)
(uu) USE: The purpose or activity for which a building, structure, or land is occupied or maintained.
(vv) VARIANCE: A variance is a modification of the strict terms of the Zoning Ordinance where such variance will not be contrary to the public interest, where the need for such variance is not based upon the actions of the applicant and where a literal enforcement of the Zoning Ordinance would result in unnecessary and undue hardship. As used in this Zoning Ordinance, a variance is authorized only for height, area, or size of structures or size of yards and open spaces or for the required number of off-street parking spaces. Establishment or expansion of a use otherwise prohibited shall not be allowed by variance, nor shall a variance be granted because of the presence of non-conformities in the zoning district or uses in an adjoining zoning district.
(ww) YARD: An open space on the same lot with a principal building, open, unoccupied, and unobstructed by buildings except as otherwise provided in this ordinance.
(1) Front Yard: The yard extending across the entire width of the lot between the principal building and the right-of-way line or street line which the building faces.
(2) Rear Yard: The yard extending across the entire width of the lot between the rear lot line and the nearest part of the principal building.
(3) Side Yard: The yard extending along the side lot line from the front yard to the rear yard and lying between the side lot line and the nearest part of the principal building.
(4) Height of Building: The vertical distance from the established average sidewalk grade, street grade, or finished grade, at the building line, whichever is the highest, to the highest point of the building.
(xx) ZONING PERMIT: A document issued by the Zoning Inspector authorizing buildings, structures, or uses consistent with the terms of the Zoning Ordinance and for the purpose of carrying out and enforcing its provisions.
(yy) ZONING INSPECTOR: The zoning inspector of the Village, or his/her authorized representative.
(zz) ZONING MAP: The Zoning Map or Map of the Village, together with all amendments subsequently adopted.
(Ord. 2007-24. Passed 11-19-07.)
(Ord. 2007-24. Passed 11-19-07.)
(aaa) DOMESTIC PETS (ALSO KNOWN AS HOUSEHOLD PETS): Animals a person usually keeps in their dwelling unless otherwise specified by ordinance.
(Ord. 2015-04. Passed 4-13-15.)