For the purpose of the Zoning Ordinance certain terms and words are defined as follows. Except where specifically defined, all words used in the Zoning Ordinance shall carry their customary meanings.
(1) "Agriculture" means farming, dairying, pasturage, horticulture, viticulture, animal and poultry husbandry and limited processing and sale of agricultural products from land under same ownership.
(2) "Alley" means a public or private thoroughfare which affords only a secondary means of access to property abutting thereon.
(3) "Animal Hospital and Clinic" means a building used for the medical treatment, housing or boarding of domestic animals such as dogs, cats, rabbits, and birds by a veterinarian.
(4) "Assisted Living Facility" means a residential care facility, other than a licensed nursing home, that provides personal care for persons with impairments in performance of activities of daily living and has the capacity to meet unscheduled needs for assistance. Typical to this facility is that each residence is private occupancy, furnished by occupant, with food service, laundry and gathering areas shared in the facility.
(5) "Automotive Filling Station" means any building or land area used or intended to be used for the retail dispensing or sales of vehicular fuels; and including as an accessory use the sale and instal ration of lubricants, tires, batteries, and similar accessories.
(6) "Automotive Services" means the repair, rebuilding or reconditioning of motor vehicles or parts thereof, including collision service, painting and steam cleaning of vehicles and commercial carwashes.
(7) "Automotive Sales" means the display, sale or rental of new or used motor vehicles or trailers in operable condition where no repair work is done.
(8) "Basement" means a story having part but not more than one-half of its height above grade and used for storage, garages for use of occupants of the building, or other active use for the rest of the building.
(9) "Bed and Breakfast Establishment" means any owner occupied dwelling unit that contains no more than four rooms where lodging, with or without meals, are provided for compensation.
(10) "Board" means the Board of Zoning Appeals of Celina, Ohio.
(11) "Building" means 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.
(12) "Building and Related Trades" means a building or premises used for the storage and retail sale of those materials and services customary to the construction profession of which offices of those professionals associated with the construction profession may be an accessory use.
(13) “Building, Front Line of” means the line of that face of the building nearest the front line of the lot. This line does not include uncovered steps or handicapped access ramps.
(14) "Building Lot" means any platted lot, a legally described parcel of land, or combination of adjacent platted lots or other described land that is identified on a deed as being owned by the same owner, and is large enough for the construction of a residence. It may also be any combination of adjacent land deeded separately but shown on the county's tax maps as owned by the same owner.
(15) "Building, Height of" means the vertical distance from the average grade level along the front building line to the highest point of the building or structure.
(16) "Building, Principal" means a building in which is conducted the main or principal use of the lot on which such building is situated.
(17) "Cemetery" means land used or intended to be used for the burial of the dead and dedicated for such purposes, including crematories, mausoleums and mortuaries, if operated in connection with, and within the boundaries of, such cemetery.
(18) "Clinic" means a place used for the care, diagnosis and treatment of sick, ailing, infirm and injured persons and those who are in need of medical, dental or surgical attention, but who are not provided with room or board nor kept overnight on the premises.
(19) "Club" means a nonprofit association of persons who are bona fide members paying regular dues, and are organized for some common purpose, but excluding religious places of worship or a group organized solely or primarily to render a service customarily carried on as a commercial enterprise.
(20) "Commercial School" means a facility, operating for profit, providing a curriculum of continuing academic instruction including vocational and technical courses.
(21) "Commission" means the Celina Planning Commission.
(22) "Commercial Entertainment Facilities" means any activity which is generally related to the entertainment field, such as motion picture theaters, night clubs, and similar entertainment activities and excluding taverns.
(23) "Community Development Project" means any development of land for industrial, commercial or residential purposes, or a combination of these uses, provided they are functionally integrated, to attain an improved character of development that conforms to the purpose and intent of tile Zoning Ordinance.
(24) "Council" means the City Council of Celina, Ohio.
(25) "Day Care Facility" means a building or structure where daytime care, protection and supervision are provided on a regular schedule, for a fee, at least twice a week. This definition includes Child Care Facilities which address and pertain to the care of children up to and throughout school ages. Adult Care Facilities address and pertain to the care of adults. This definition does not include residential care such as Assisted Living Facility and Group Home.
(26) "Days" means calendar days unless stated otherwise.
(27) "Design Review District" means a portion of the territory of the City, within which special requirements and regulations established under the Design Review District provisions of this Ordinance are applied. Design Review Districts are established by Council and identified on the Zoning Map.
(28) "Design Review Commission" means a commission established under the Design Review District provisions of this Ordinance.
(29) "District" means a portion of the territory of the City, within which certain uniform regulations and requirements or various combinations thereof apply under the provisions of this Ordinance.
(30) "Drive-In Commercial Uses" means any retail commercial use serving primarily vehicular trade such as drive-in restaurants, drive-in theaters, drive-in banks and drive thru convenience stores.
(Ord. 26-99-0. Passed 8-23-99.)
(Ord. 26-99-0. Passed 8-23-99.)
(31) “Dry Cleaning and Laundry Service” This industry group comprises establishments primarily engaged in providing, self-service laundry and dry-cleaning facilities for public use; providing dry cleaning and laundering services; laundering and supplying laundered uniforms, linens and other fabric items; and providing other laundry services.
(Ord. 61-03-0. Passed 12-15-03.)
(Ord. 61-03-0. Passed 12-15-03.)
(32) "Dwelling" means any building or portion thereof which is designated for or used for residential purposes.
(33) "Dwelling, Efficiency Apartment"means a dwelling unit in a multi-family building without a separate distinct room for sleeping.
(34) "Dwelling, Multi-Family" 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, garden apartments and row houses.
(35) "Dwelling, Permanently Sited Manufactured Home" means a building manufactured in an off-site facility designated for or occupied exclusively by one family that meets all of the following criteria:
A. The structure is affixed to a permanent foundation and is connected to appropriate utilities;
B. The structure, excluding any addition, has a minimum width of 22 feet, a minimum length of 22 feet, and a minimum floor area of 900 square feet;
C. The structure has a minimum roof pitch of 3:12, conventional residential siding, and a minimum 6 inch eave overhang, including appropriate "uttering;
D. The structure was manufactured after January 1, 1995;
E. The structure has a permanent label or tag certifying that it was constructed in conformance with all applicable federal construction and safety standards.
(36) "Dwelling, Single-Family'' means a building designated for or occupied exclusively by one family, including Permanently Sited Manufactured Homes as defined herein.
(37) "Dwelling, Three Family" means a building designated for or occupied exclusively by three families.
(38) "Dwelling, Two-Family" means a building designated for or occupied exclusively by two families.
(39) "Educational Institution" means a facility that provides a curriculum of elementary or secondary academic instruction, including kindergarten, elementary schools, junior high schools, high schools and technical and collegiate level courses.
(40) "Essential Services" means the erection, construction, alteration or maintenance, by public utilities or municipal or other governmental agencies, of facilities which are necessary for furnishing 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.
(Ord. 26-99-0. Passed 8-23-99.)
(Ord. 26-99-0. Passed 8-23-99.)
(41) “Exterminating Services” Industry which primarily engages in exterminating and controlling, birds, mosquitos, rodents, termites and other insects and pests (except for crop production and forestry production). Establishments providing fumigation services are included in this industry.
(Ord. 61-03-0. Passed 12-15-03.)
(Ord. 61-03-0. Passed 12-15-03.)
(42) " Family" means one or more persons occupying a dwelling and living as a single housekeeping unit and doing their own cooking on the premises as distinguished from a group occupying a hotel, as herein defined.
(43) "Financial institution" means any building, property or activity of which the principal use or purpose is the provision of financial services including but not limited to banks, facilities for automated teller machines (ATMs), credit unions, savings and loan institutions and mortgage companies.
(44) "Food Processing" means the preparation or processing of food products excluding restaurants, for wholesale distribution.
(45) "Frontage" means all of the property between a street and the front building line. The front boundary line of a lot is the line that abuts on a street, and includes its length.
(46) "Funeral Home" means any dwelling or other structure used and occupied by a professional licensed mortician for burial preparation and funeral services.
(47) "Grain Elevators and Feed Mill" means a building, structure or premises used for the storage and retail sales of grain and other related agricultural supplies and products.
(48) "Group Home" means any licensed residential facility designed to allow not more than eight (8) persons, needing specialized care, counseling, on-going medical treatment or supervision to live in the same building or complex of buildings and engage in some congregate activity in a non-institutional environment.
(49) "Home Occupation" means any occupation, profession, activity or use which is accessory to the principal use of the premises and is conducted by a resident occupant which does not alter the interior of the property or affect the residential character of the neighborhood.
(50) "Hospital" means an institution providing health services primarily for human hi- patient medical or surgical care for the sick or injured and including related facilities such as laboratories, out-patient departments, training facilities, central services facilities, and staff offices that are an integral part of the facilities.
(51) "Hotel/Motel" means a building in which lodging or boarding and lodging are provided and offered to the public for compensation and possibly providing as an accessory use additional facilities such as restaurants, meeting rooms and recreational facilities.
(52) "Institution" means buildings or land occupied by a nonprofit corporation or a nonprofit establishment for public use.
(53) "Interior Lot Line" means any lot line shown by plat or deed of separately described parcels of land making up a building lot and located within its boundaries.
(54) "Junk Storage and/or Sales; Salvage Operation" means any lot, land or structure or part thereof used primarily for the collection, storage and sale of waste paper, rags, scrap metal or discarded material, or for the collecting, dismantling, storage and salvaging of machinery or vehicles not in operating condition, or for the sale of parts thereof.
(55) "Land Use Plan" means the long-range plan for the desirable use of land as adopted by the Planning Commission; the purpose of such plan being to serve as a guide in future development and zoning of the community.
(Ord. 26-99-0. Passed 8-23-99.)
(Ord. 26-99-0. Passed 8-23-99.)
(56) “Light Equipment Sales and Service” The display, sale or rental and service of new or used garden and lawn maintenance equipment and home improvement tools.
(Ord. 61-03-0. Passed 12-15-03.)
(Ord. 61-03-0. Passed 12-15-03.)
(57) "Loading Space" means a space within the main building or on the same lot therewith providing for the loading or unloading of trucks.
(58) "Lock and Store (or Store and Lock) Warehousing" means a building or group of buildings in a controlled access compound that contains equal or varying sizes of compartmentalized and controlled access stalls or lockers for the storage of customer goods or wares.
(59) "Lot" means a parcel of land occupied or intended for occupancy by a use permitted in the Zoning Ordinance, including one principal building together with accessory buildings, the open spaces and parking spaces required by the Zoning Ordinance, and having its principal frontage upon a street.
(60) "Lot Coverage" means the ratio of enclosed ground floor area of all buildings to the horizontally projected area of the lot, expressed as a percentage.
(61) "Lot of Record" means any lot which, individually or as a part of a subdivision, has been recorded in the office of the County Recorder.
(62) "Lot, Minimum Area Of" means the area of a lot computed exclusive of any portion of the right of way of any public thoroughfare.
(63) "Lot Width" means the width of a lot at the building setback line measured at right angles to its depth. The lot width of lots on curved streets shall be the chord distance between points of intersection of the side lot lines with the curve describing the required depth of front yard.
(64) "Lot - Outlot" means a lot associated with larger development plan where the primary parcel defines the development. The development on outlots must conform, in use type, to the primary site development.
Outlots may be deeded separately from the primary parcel, but can be considered part of the overall development. In site plan reviews, these lots shall be considered as part of the overall site development. In a shopping center, or in a B-3 zone, it is a lot that is owned and/or developed separately from the shopping center and has its own access drives, parking, and signage.
(65) "Manufacturing" means the mechanical, chemical, or biological transformation or assembly of materials, substances, or component parts into new products or components, usually for distribution to wholesale markets, or for interplant transfer to industrial users.
(Ord. 26-99-0. Passed 8-23-99.)
(Ord. 26-99-0. Passed 8-23-99.)
(66) “Manufacturing, Heavy” means industrial activities that are likely to have an extensive impact on the surrounding area. These areas, where possible shall be separated from residential districts.
(67) “Manufacturing, Light” means less abrasive industrial activities such as small scale assembly, service industry where supplies are minimal and work is conducted offsite, industrial uses that occur within confined areas and have little impact upon the surrounding location. Includes Light and Industrial uses and Commercial uses that are complimentary and compatible with industrial uses.
(Ord. 61-03-0. Passed 12-15-03.)
(Ord. 61-03-0. Passed 12-15-03.)
(68) "Mineral Extraction, Storage and Processing" means any mining, quarrying or processing of limestone, shale, clay, coal or other minerals.
(69) "Mixed Use" means a combination of two or more principally permitted or conditionally permitted uses within a district, as approved by the Planning Commission, in the same building or on the same premises.
(70) "Mobile Homes or Trailers" means any vehicle or similar portable structure so designed or constructed as to permit occupancy for dwelling or sleeping purposes.
(71) "Mobile Home Parks" means an area manifestly designed for rent or lease of mobile home lots in a safe, sanitary and desirable manner as described in Chapter 1180.
(72) "Nursing Home" means a building, group of buildings or licensed facility, public or private, which provides full-time personal care or nursing to the ill, physically inform or aged persons who are not related by blood or marriage to the operator.
(73) "Office" means a building or portion of a building wherein services are performed involving predominately administrative, professional or clerical operations.
(74) "Off-Street Parking Space" means any parking space located wholly off any street, alley or sidewalk either in an enclosed building or on an open lot.
(75) "Overlay District" means the portion of the territory of the City, within which special requirements and regulations established under the Overlay District provisions of this Ordinance are applied. Overlay Districts are established by Council and identified on the Zoning Map.
(76) "Personal Services" means any enterprise conducted for gain which serves primarily personal needs of the general public such as shoe repair, watch repairing, barber shop, beauty parlors, and similar activities.
(77) "Petroleum Refining and Storage" means a facility designed to separate and remove impurities from oil or gas and store such fuel for distribution.
(78) "Planning Commission" means the Celina Planning Commission.
(79) "Public Service Facility" means the erection, construction, alteration, operation or maintenance of buildings and other similar public service structures by a public utility, by a railroad, whether publicly or privately owned, or by a municipal or other governmental agency, including the furnishing of electrical, gas, rail transport, communication, public water and sewage disposal services.
(80) "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.
(81) "Public Recreation" means recreational facilities developed, used and/or maintained by public agencies for use by the public.
(82) "Recreational facilities, commercial" means recreational facilities open to the public, established and operated for a profit, such as commercial golf courses, golf driving ranges, swimming pools, ice skating rinks, riding stables, boat docks, fishing piers, boat launching, race tracks, amusement parks, carnivals, food concessions as an accessory use, and similar commercial enterprises.
(83) "Recreational facilities, noncommercial" means private and semipublic recreational facilities which are not operated for commercial gain, including private country clubs, riding clubs, golf courses, and other private noncommercial recreation areas and facilities or recreation centers, including private community swimming pools, boat docks, fishing piers, boat launching, and food concessions as an accessory use.
(84) "Religious places of worship" means an institution that a congregation of people regularly attend to participate in or hold religious services, meetings and other activities, including buildings in which the religious services of any denominations are held.
(85) "Restaurant" means an establishment with table services whose principal business is the selling of unpackaged food and beverages to the customer in a ready to consume state, in individual servings, or in nondisposable containers.
(86) "Restaurant, fast food" means an establishment whose principal business is the sale of prepared or rapidly prepared food, in disposable containers and without table service, directly to the customer in a ready-to-consume state.
(87) "Retail Business" means any business selling goods, wares, or merchandise directly to the ultimate consumer for direct consumption and not for resale.
(88) "Retail neighborhood business" means small retail commercial establishments catering primarily to nearby residential areas providing convenience goods and services, including but not limited to, small grocery stores, pharmacies, barber shops, beauty salons and coin-op Laundromats.
(89) "Scientific research facility" means a building or buildings in which scientific research, investigation, testing or experimentation is conducted, but not including the manufacturing or sales of products, except as incidental to the main purpose of the laboratory.
(Ord. 26-99-0. Passed 8-23-99.)
(Ord. 26-99-0. Passed 8-23-99.)
(90) “Secondary Retail” retail use which is secondary in nature to the prime use of the building or property and occupies not more than ten percent (10%) of the total building area. Any variance required to this maximum space limitation requires Zoning Board of Appeals approval.
(Ord. 61-03-0. Passed 12-15-03.)
(Ord. 61-03-0. Passed 12-15-03.)
(91) "Semi-public buildings" means churches, Sunday schools, private and parochial schools, hospitals and other institutions of a charitable, educational or religious nature.
(92) "Shopping center" means a grouping of retail and service uses on a single site that is developed, owned and managed as a unit with off-street parking and loading as an integral part of that unit.
(93) "Story" means that portion of a building other than a basement included between the surface of any floor and the surface of the floor next above it, or if there is no floor above it, then the space between the floor and the ceiling next above it. A basement shall be counted as a story if it is used for living quarters, or if one-half of its volume is above the average level of the adjacent ground.
(94) "Street Line, Right-of-Way Line" means a dividing line between a lot, tract or parcel of land and contiguous street.
(95) "Structure" means anything constructed or erected, the use of which requires permanent location on the ground, or attached to something having a permanent location on the ground.
(96) "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.
(97) "Tavern" means an establishment serving alcoholic beverages in which the principal business is the sale of such beverages at retail for consumption on the premises and where food may be available for consumption on the premises.
(98) "Transport Trucking Terminal" means any business, structures or premises which primarily receives or distributes goods by tractor trailer or other similar vehicle.
(99) "Use" means the purpose for which land, a building or structure is arranged, designed, or intended, or for which either land, a building or structure is, or may be, occupied or maintained.
(100) "Use, Accessory" means a use, building or structure subordinate to the principal use of a building or to the principal use of land, which is located on the same lot as the principal use, and which is serving a purpose customarily incidental to the use of the principal building or land use.
(101) "Use, conditional" means a use which is permitted in a district only if a zoning certificate therefore is expressly authorized by the Planning Commission.
(102) "Use, Non-Conforming" means any building, structure, or premises legally existing or used at the time of adoption of this Ordinance, or any amendment thereto, and which does not conform with the use regulations of the district in which located. Any such building, structure, or premises conforming in respect to use but not in respect to height, area, yards, or distance requirements from more restricted districts or uses, shall not be considered a non-conforming use.
(103) "Use, Principally Permitted" means a use which is permitted outright in a district for which a zoning certificate shall be issued by the Zoning Inspector provided that the applicant meets the applicable requirements of the Ordinance.
(104) "Variance" means a relaxation of requirements where such variation will not be contrary to the public interest and where, owing to conditions peculiar to the property and not the result of actions of the applicant, a literal enforcement of the Zoning Ordinance would prohibit the reasonable use of the land.
(105) "Warehousing" means a building or facility that stores commodities in large quantities for distribution to retail, wholesale or manufacturing businesses.
(106) "Wholesale Business" means an establishment that is engaged in the selling of merchandise to retail establishments rather than to consumers.
(107) "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 a rear yard, the minimum horizontal distance between the lot line and the main building shall be used.
(108) "Yard, Front" means a yard between the front building line and the right-of-way line of the fronting street.
In case of a lot that fronts more than one street, the yard abutting the street named in the property address shall be considered the front yard.
(109) "Yard, Rear" means a yard extending across the full width of a lot end being the minimum horizontal distance between the rear lot line and the rear of the main building or any projection thereof, other than the projections of uncovered steps or unenclosed porches. In the case of a lot that fronts more than one street, the yard opposite the front yard shall be considered the rear yard.
(110) "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 the side lot and the side of the main building or any projections.
(111) "Zoning Certificate" means the document issued by the Zoning Inspector authorizing the use of the land or building consistent with the terms of this Ordinance and for the purpose of carrying out and enforcing its provisions.
(112) "Zoning Map" means the Zoning District Map or Maps of the City, together with all amendments subsequently adopted.
(113) "Zoning Inspector" means the Safety Service Director of the City or his designee.
(114) "Zoning Permit" shall be synonymous with Zoning Certificate, and these two terms shall be considered one and the same where listed within this Ordinance.
(Ord. 26-99-0. Passed 8-23-99.)