Abut, Adjoin, or Adjacent
The land, lot, or property adjoining the property in question along a lot line or separated only by an alley, easement, or street.
Access
Any driveway, sidewalk, or other point of entry and/or exit onto or from a street, road, or thoroughfare, which connects to the general street system. This can refer to vehicular or pedestrian access.
Accessibility Ramps
Permanent or portable ramps utilized to provide a disabled person with accessibility to a structure.
Accessory Dwelling Units
Attached or detached living quarters located on a lot with an existing principal dwelling where the accessory dwelling unit is designed for the use of persons employed on the premises or for the temporary use of guests of the occupants of the principal dwelling.
Active Recreational Facilities
Any park or recreational facility that is owned, managed, or operated by the Village of Centerburg, a local township, Knox County, the State of Ohio, or a non-profit agency. Such park or recreational facility requires grading of the land, construction of facilities, lighting, or is developed for athletic fields, tennis courts, swimming pools, skate parks, disc golf, golf courses and other similar outdoor facilities. Such uses may include accessory retail uses that are customarily incidental recreational uses including, but not limited to, souvenir or concession stands. Such uses shall include the general use of the land as well as any activities or programming of the land or structures that are a part of the active recreational facility use.
Adjudication Hearing
An adversarial hearing during which evidence is taken for the purpose of determining issues of fact and law that will be used by the applicable decision-making body reach a determination. This may also be referenced as a quasi-judicial hearing.
Administrative, Business, or Professional Offices
A building or portion of a building wherein services are performed involving predominately administrative, professional or clerical operations which carries on no retail trade and maintains no stock of goods for sale.
Adult Arcade
Adult arcade shall mean any place to which the public is permitted or invited wherein coin-operated or slug- operated or electronically, electrically, or mechanically controlled still or motion picture machines, projectors, or other image-producing devices are regularly maintained to show images to five (5) or fewer persons per machine at any one time, and where the images so displayed are distinguished or characterized by their emphasis upon matter exhibiting or describing specified sexual activities or specified anatomical areas.
Adult Bookstore, Adult Novelty Store, or Adult Video Store
A commercial establishment which, as one of its purposes, offers for sale or rental 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 or video reproductions, slides or other visual representations, which are characterized by the depiction or description of "specified sexual activities" or "specified anatomical areas"; or
• Instruments, devices or paraphernalia which are designed for use in connection with "specified sexual activities."
A commercial establishment may have other principal business purposes that do not involve the offering for sale or rental of material depicting or describing "specified sexual activities" or "specified anatomical areas" and still be categorized as an adult bookstore, adult novelty store or adult video store. Such other business purposes will not serve to exempt such commercial establishments from being categorized as an adult bookstore, adult novelty store or adult video store so long as one of its principal business purposes is the offering for sale or rental for consideration the specified materials which are characterized by the depiction or description of "specified sexual activities" or "specified anatomical areas." For the purposes of this code any retail establishment which devotes at least twenty percent of the total linear feet available for the display of items or materials for sale or rental to the display of items or material for sale or rental which are characterized by the depiction or description of "specified sexual activities" or "specified anatomical areas" shall be categorized as an adult bookstore, adult novelty store or adult video store.
Adult Cabaret
A nightclub, bar, restaurant or similar commercial establishment which regularly features:
• Persons who appear in a state of nudity or semi-nudity;
• Live performances which 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 which are characterized by the depiction or description of "specified sexual activities" or "specified anatomical areas."
Adult Entertainment Business
An adult arcade, adult bookstore, adult novelty store, adult video store, adult cabaret, adult motel, adult motion picture theater, adult theater, escort agency, nude model studio or sexual encounter center.
Adult Entertainment Businesses
Adult entertainment businesses shall include any use identified in Section 1105.06(l) that relates to sexually- oriented businesses or activities including, but not limited to, adult arcades, adult bookstores, adult novelty stores, adult video stores, adult cabarets, adult motion picture theaters, adult theaters, etc.
Adult Motion Picture Theater
A commercial establishment where, for any form of consideration, films, motion pictures, video cassettes, slides or similar photographic reproductions are regularly shown, or show various electronic media, such as the Internet, are made available for the showing of materials, which are characterized by the depiction or description of "specified sexual activities" or "specified anatomical areas."
Adult Theater
A theater, concert hall, auditorium or similar commercial establishment which regularly features persons who appear in a state of nudity or semi-nudity, or live performances which are characterized by the exposure of "specified anatomical areas" or "specified sexual activities."
Agriculture (Raising of Crops)
Cultivated plats, tracts of land, or raised beds containing single variety or multiple varieties of vegetables, fruits, berries, or any other edible or otherwise consumable agricultural product or produce. Such use shall not include any agricultural activity related to the keeping or raising of livestock animals including, but not limited to, chickens, llamas, or the breeding of pets.
Alley
A minor, service roadway providing a secondary means of public access to abutting property and not intended for general traffic circulation, but is not a public or private street as defined by this code.
Amateur Radio Towers and Antennae
A system of cables, electrical conductors, insulators, metallic or non-metallic tubing, poles, reflecting discs, rods, wires, or similar objects used for transmission or reception of radio signals or electromagnetic waves for amateur radio service.
Animal Boarding, Training, or Daycare Facilities
Any building, structure or land, or combination thereof, used, designed or arranged for the boarding, training, breeding, or care of domestic animals or pets, for profit, but exclusive of animals used for agricultural purposes. Such facilities include any lot or premises on which more than five (5) dogs or cats (four (4) months old or older), or combination thereof, are cared for as a commercial operation. Such use shall not include overnight boarding related to animal hospitals/clinics.
Animal Hospital/Clinics and Animal Grooming
A building where animals or pets are given medical or surgical treatment and are cared for during the time of such treatment, including overnight stays. Such uses shall not have any outdoor facilities for the boarding or keeping of animals. Such use may include facilities for animal grooming.
Antenna
Any system of wires, poles, rods, reflecting discs or similar devices used for the transmission or reception of electromagnetic waves when such system is either external to or attached to the exterior of a structure.
Appeal
Applicant
Unless otherwise specified, an owner of a property or an agent for the owner, including, but not limited to, a subdivider, developer, purchaser under a contract for sale, attorney, or similar representative, who has filed an application for development review pursuant to Chapter 1103: Administration and Enforcement.
Application
The process by which the applicant submits a request for any type of development review or approval identified in Chapter 1103: Administration and Enforcement. Applications include all written documentation, verbal statements, and representations, in whatever forms and quantities as required by the Village.
Architectural Feature
A prominent or significant part or element of a building, structure or site.
Area of Special Flood Hazard
The land in the floodplain identified by the Federal Emergency Management Agency (FEMA) in the Flood Insurance Rate Map for the Village of Centerburg, Knox County, Ohio and Incorporated Areas, dated January 6, 1982, and any revisions thereto, which is subject to a one percent (1%) or greater chance of flooding in any given year. Areas of special flood hazard are designated by FEMA as Zone A4, A2, and A7.
Assembly Halls or Conference Centers
Facilities or buildings available for lease by private parties for gatherings of people at a variety of events, which may include kitchen facilities for the preparation or catering of food, the sale of alcoholic beverages for on-premises consumption during scheduled events not open to the public, and/or outdoor gardens, decks, or reception facilities.
Athletic Recreational Facilities
An area of a lot that is permanently improved and surfaced for the recreational use of the property owner for games and activities such as football, baseball, softball, soccer and other such sports, tennis courts and courts for other sports, including basketball, racquetball, pickleball, volleyball, cornhole, bocce, or other such games,, horseshoe pits, putting greens or mini-golf, that are not part of a building, and that are accessory to a residential or nonresidential use.
Automobile, Motorcycle, Recreational Vehicle Sales and Leasing
Any building or land where new or used passenger cars, pick-up trucks, motorcycles, boats, trailers, and other recreational vehicles, in operational condition, are sold or leased to customers.
Automotive Repair and Service (Major)
Any general repair, rebuilding, reconditioning, body or fender work, framework, painting or the replacement of major parts of motor vehicles (e.g., major engine repair). This use type may also include towing services that provide towing or conveyance of a wrecked, inoperable, disabled, or illegally parked motor vehicle but shall not include storage of such vehicles on site.
Automotive Repair and Service (Minor)
Any structure or premises used for the sale of vehicle parts and fluids, excluding fuel sales, including lubrication of motor vehicles and replacements or installation of minor parts and accessories, but not including a vehicle washing establishment, major repair work such as motor replacement, body and fender repair, or spray painting. Such uses shall also include establishments that sell parts or tires for vehicles as a retail establishment, regardless if the parts are installed on-site. See also "automotive repair and service (major)."
Awning
A shelter projecting from and supported by the exterior wall of a building constructed of non-rigid materials on a supporting framework. See also definition of "canopy."
Figure 1125-A: Examples of awnings
Base Flood
The 100-year recurrence internal flood as shown on the Flood Profiles and the Flood Insurance Rate Map; that flood, having a one percent (1%) chance of being equaled or exceeded in any given year, which defines the floodplain.
Base Flood Elevation
The elevation of surface water resulting from a flood that has a one percent chance of equaling or exceeding that level in any given year. The BFE is shown on the Flood Insurance Rate Map (FIRM) for zones AE, AH, A1-A30, AR, AR/A, AR/AE, AR/A1- A30, AR/AH, AR/AO, V1-V30 and VE.
Basement or Cellar
That portion of a building located partly or fully underground but having at least one-half (½) of its clear floor- to-ceiling height below the average grade of the adjoining ground on any one side.
Bed and Breakfast Establishments
Any place of lodging that provides four or fewer rooms for rent on a temporary basis, is the owner's personal residence, is occupied by the owner at the time of rental, and where meals may be served to guests.
Berm
An earthen mound designed to provide visual interest, screen undesirable views, increase height, and/or decrease noise. The height of a berm shall be measured from the average natural grade at the base of the berm.
Block
The property lying between the two nearest intersecting streets, crossing or terminating, or between the nearest such street and a railroad right-of-way, unsubdivided acreage, a river or live stream, or between any of the foregoing and any other barrier to the continuity of development or the corporate lines of the Village.
Figure 1125-B: Illustration of block
Buffer or Buffer Yard
An area of natural or planted vegetation adjoining or surrounding a land use and unoccupied in its entirety by any building structure, paving (with limited exceptions) or portion of such land use, for the purposes of separating, screening, and softening the effects of the land use. A buffer may include a landscaping wall, fence, or berm as provided in accordance with the provisions of Chapter 1113: Landscaping and Screening.
Building
Any structure, of more or less permanent construction, having one or more floors and a roof supported by columns or walls, which is completely enclosed and is designed or intended for the shelter or protection of persons, animals, or property. When separated by party walls, each portion of such building shall be considered a separate structure.
Building Lines
The lines along the edge of the building. For example, the front building line is the line running equal to and parallel to the front building facade.
Building Unit
Any building subdivided into separate units or spaces, any interior space occupying any portion of the ground floor of any building, and having its own exterior entrance, and separated from other such spaces by a party wall or walls.
Building, Accessory
A subordinate building detached from, but located on the same lot as, the principal or main building, the use of which is incidental and accessory to the principal building or use and that is constructed subsequent to the principal building or main use of the land.
Building, Legally Nonconforming
A building or portion thereof, lawfully existing on the effective date of this code, or amendments thereto, and that does not conform to the provisions of the code in the district in which it is located.
Building, Principal or Main
A building occupied by the main use of the lot on which said building is located.
Camps and Campgrounds
Any lot upon which there are five (5) or more spaces or pads for tents, portable camping units, recreational vehicles, etc. that includes any roadway, building, structure, vehicle, or enclosure used or intended for use as a part of the facilities of the camp.
Canopy
A permanent structure made of cloth, metal or other material attached or unattached to a building for the purpose of providing shelter to patrons or automobiles, or as a decorative feature on a building wall. A canopy is not a completely enclosed structure but typically is supported by features other than the building facade (e.g., structural legs, building extensions, etc.). See also the definition of "awning."
Figure 1125-C: Example of a canopy and related sign
Cemeteries
Land used for the burial of the human dead and dedicated for cemetery purposes, including columbariums, crematories, mausoleums, and mortuaries when operated in conjunction with and within the boundary of such cemetery. This definition shall not be construed to include the burial of animals or pets.
Churches and Places of Worship
A religious institution where a congregation of any denomination, regularly participates in or holds religious services, meetings and other activities, including buildings in which the religious services are held and which may include accessory indoor uses such as, but not limited to, day care or educational institution facilities.
Code Text or Map Amendment
An amendment or change to the text of this code or to the zoning map as reviewed and decided upon by the Village Council in accordance with Section 1103.07: Code Text and Map Amendments.
Co-location
The use of a wireless telecommunications facility, comprising a single wireless telecommunications tower, building or other structure permanently affixed to real property, supporting two (2) or more antennas, disks, pods or other similar devices used for telecommunications by more than one telecommunications provider, whether public or private. Co-location shall apply to such devices whether readily discernible to the naked eye or camouflaged.
Commercial and Business Support Services
A profit-making activity which renders services to other commercial or industrial businesses such as, but not limited to, courier services, information technology consultants and internet providers.
Commercial Recreational Facilities (Indoors)
A facility for any indoor profit-making activity which is providing participatory and/or spectator activities, such as, but not limited to, motion picture theaters, live performances, bowling alleys, commercial recreation, video game rooms, billiard halls, indoor skating rinks, bingo parlors and similar entertainment activities. Commercial recreational facilities shall not include "adult entertainment businesses."
Commercial Recreational Facilities (Outdoors)
Land or facilities for any profit-making activity which is providing outdoor participatory and/or spectator activities such as, but not limited to, privately manages or owned parks, amusement park, water parks, rollerblade rental, pay-to-play athletic fields, golf courses, miniature golf courses, driving ranges, outdoor ice- skating rinks, batting cages or swimming pools. Commercial recreational facilities shall not include "adult entertainment businesses."
Completed Application
An application that contains all information and/or data, including attachments, plans, drawings, and other graphics necessary to enable an informed decision to be made with respect to an application.
Construction Structures
A mobile home, trailer, dumpster, or similar temporary structure that is used as an office, storage, or collection of debris in conjunction with a construction project.
Contiguous
Lots are contiguous when at least one boundary line of one lot touches a boundary line or lines of another lot.
Contractor Equipment and Storage Yards
An unenclosed area or portion of a lot upon which a construction contractor maintains its principal office or a permanent business office used to store and maintain construction equipment and other materials customarily used in the trade carried on by the construction contractor.
County
Knox County, Ohio
Cultural Facilities
Public or private facilities use for display, performance, or enjoyment of heritage, history, or the arts. This use includes, but is not limited to, museums, libraries, art performance venues, cultural centers, and interpretative sites.
Deciduous
Any plant material which normally sheds its foliage at the end of the growing season.
Deck
A flat surface, that is not paved, which is capable of supporting weight similar to a floor, constructed outdoors and elevated from the ground that is either freestanding or attached to a building. Decks may also include stairways. Decks are unenclosed by solid or nonsolid walls or a roof.
Figure 1125-D: Example of a deck.
Dedication
The intentional and voluntary appropriation or transfer of land from the private owner to the Village or other public agency for the land to be pledged to a proper public use or purpose.
Demolition
Any act or process that destroys in whole or in part any building or structure.
Density
The number of dwelling units permitted per acre of land.
Detached Accessory Buildings
An accessory building that is detached from the principal building and may include, but is not limited to, storage barns or sheds, accessory dwelling units, detached garages, enclosed gazebos, etc.
Developer
Any individual, subdivider, firm, association, syndicate, partnership, corporation, trust, or other legal entity commencing proceedings under this code to affect the development of land for himself or herself or for another.
Development
Any building, construction, renovation, mining, extraction, grading, dredging, filling, excavation, or drilling activity or operation; any material change in the use or appearance of any structure or in the land itself; the division of land into parcels; any change in the intensity or use of land, such as an increase in the number of dwellings units in a structure or a change to a commercial or industrial use from a less intense use.
Dormitories and Student Housing
A building used principally to provide rooms for sleeping accommodations for students at educational institutions or for non-students at other public or institutional uses, which may also include common kitchen, sanitary, and social gathering rooms.
Drive-Through Facility
Any portion of a building from which business is transacted, or is capable of being transacted, directly with customers located in a motor vehicle during such business transactions. The term "drive-through" shall also include "drive-up" and "drive-in" but shall not include vehicle washing establishments, automotive fuel sales, or automotive repair and service establishments.
Driveway
A private access way used by vehicles and pedestrians for access to a parking space, garage, dwelling, structure, or a use of land.
Dwelling
A building designed or used exclusively as the living quarters for one or more families or housekeeping units.
Dwelling Unit
A single unit of one or more rooms providing complete, independent living facilities for one family, or alternatively by one housekeeping unit.
Dwelling, Single-Family
A building designed for or used exclusively for residential purposes by one family or housekeeping unit.
Dwelling, Two-Family
A building designed for or used exclusively for residential purposes by two (2) families or housekeeping units.
Dwellings, Multi-Family
A building or portion thereof designed with more than two (2) dwelling units.
Easement
A right granted by the owner of land to other parties to use such land for a specific purpose, such as public utility lines or for access to other properties.
Educational Institutions (Higher Education)
Any private or public secondary educational institution that includes, but is not limited to: secretarial schools, colleges and universities, business schools, seminaries, or any other institution providing collegiate level curriculum.
Educational Institutions (Preschool and K-12)
A public or private facility that provides a curriculum of primary, elementary, secondary or college preparatory academic instruction, including, but not limited to, preschools, kindergartens, elementary schools, junior high schools, and high schools. This definition shall not be deemed to include colleges, trade or business schools, or other post-secondary education facilities. See "educational institutions (higher education)."
Electronic Message Center
A sign designed so that the characters, letters, or illustrations can be changed or rearranged automatically on a lampbank or through mechanical means (e.g., electronic or digital signs).
Encroachment (Flood Protection)
Any intrusion into the floodway that by itself or in conjunction with other intrusions could decrease the floodway's ability to carry and discharge the base flood or could increase the surface elevation of a base flood.
Essential Services
The erection, construction, alteration, or maintenance by Village utilities or Village departments, boards, or commissions, of overhead, surface or underground gas, electrical steam, or water, distribution or transmission systems, collection, communication, supply or disposal systems, including mains, drains, sewers, pipes, conduits, tunnels, wires, cables, fire alarm boxes, police call boxes, traffic signals, hydrants, poles, electrical substation, gas regulator stations and other similar equipment and accessories in connection therewith, reasonably necessary for the furnishing of adequate service by such Village utility or Village department, board, or commission or for the public health, safety, or general welfare, shall be exempt from the regulations of this Code. Provided, however, that the installation shall conform to Federal Communications Commission and Federal Aviation Agency rules and regulations, and those of other authorities having jurisdiction.
Establishment (Adult Entertainment Business)
Establishment means and includes any of the following:
• The opening or commencement of any adult entertainment business as a new business;
• The conversion of an existing business, whether or not an adult entertainment business, to an adult entertainment business;
• The additions of any adult entertainment business to any other existing adult entertainment business; or
• The relocation of any adult entertainment business.
Evergreen
Plant material that has foliage that remains green throughout the year.
FAA
The Federal Aviation Administration
Facade
The exterior walls of a building or building face exposed to public view; the exterior face of a building that gives it a distinctive character.
Facade, Front
The facade of a building that contains the primary entrance of the building.
Facade, Primary
For the purpose of the sign regulations, a primary facade shall be as defined in Section 1117.04(d).
Facade, Secondary
For the purpose of the sign regulations, a secondary facade shall be as defined in Section 1117.04(d).
Family
One or more persons, with their direct lineal descendants and adopted children (and including the domestic employees thereof), together with not more than two (2) persons not so related, living together in the whole or part of a dwelling comprising a single housekeeping unit. Every additional group of two (2) or fewer persons living in such housekeeping unit shall be considered a separate family for the purpose of this code.
Farmers Market
An outdoor location where vendors congregate to offer one or more of the following items for sale:
• Fresh unprocessed fruits and vegetables, herbs, grains, legumes, nuts, honey or other bee products and maple syrup;
• Flowers and plants;
• Livestock food products (including meat, milk, yogurt, cheese and other dairy products);
• Products of a cottage food production operation as defined by Ohio R.C. 3715.01;
• Beer and wine made in Ohio for off-premises consumption only, provided such sale complies with all applicable state statutes, rules and regulations; or
• Handmade items made by the vendor provided they comprise less than twenty percent (20%) of the total displayed inventory at the farmers market. (Commercially manufactured goods or products shall not be offered for sale.)
FCC
The Federal Communications Commission, which is primarily responsible for the administration of the Telecommunications Act of 1996.
Fence
Any accessory landscaping wall or structure composed of wood, metal, stone, vinyl or other material erected in such a manner and positioned to enclose, partially enclose, screen or divide any premises or part of premises. Trellises or other structures supporting or for the purpose of supporting vines, flowers and other vegetation when erected in such position as to enclose, partially enclose, screen or divide any premises or any part of any premises shall be included within the definition of fence.
Financial Guarantee
A financial deposit to ensure that all improvements, facilities, or work required will be completed in conformance with the approved plan.
Financial Institutions
Any building, property or activity of which the principal use or purpose of which is for depository purposes and including the provision of financial services including, but not limited to banks, credit unions, savings and loan institutions.
Flag
Any fabric or other flexible material attached to or designed to be flown from a flagpole or similar device.
Flood Insurance Rate Map (FIRM)
The official map dated January 6, 1982, on which the Federal Emergency Management Agency has delineated both the areas of special flood hazards and the risk premium zones applicable to the Village, and any revisions thereto and is a part of this Zoning Ordinance. There can be on file a letter of map revision (LOMR) or letter of map amendment (LOMA) which would, in fact, be a revision to a FIRM map.
Flood Insurance Study
The official report provided by the Federal Emergency Management Agency that includes flood profiles, floodway boundaries, and the water surface elevation of the base flood.
Flood or Flooding
A general and temporary condition of partial or complete inundation of normally dry land areas from:
• The overflow of inland or tidal waters, or
• The unusual and rapid accumulation or runoff of surface waters from any source.
Flood Protection Elevation
That elevation not less than one and one-half (1½) feet above the base flood elevation to which uses regulated by the special Flood Hazard Regulations are required to be elevated or floodproofed to compensate for the many unknown factors that could contribute to flood elevations greater than that calculated for a base flood.
Floodway
The channel of a watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than one-half foot.
Floor Area
The total area of a building measured by taking the outside dimension of the building at each floor level intended for occupancy, storage and circulation.
Floor Area, Gross
The sum of the gross horizontal areas of all floors of a building, measured from the exterior faces of the exterior walls of a building or from the center line of a common wall separating two (2) or more units of a building, including accessory storage areas located within selling or working space, but not including space in cellars or basements, space in machinery penthouses or floor space used for accessory off-street parking.
Footcandle
A unit of illumination produced on a surface, all points of which are one foot from a uniform point source of one standard candle
Fraction or Fraction Thereof
Where a calculation required by this code results in a fraction, the fraction shall be rounded to the closest whole number. Any fraction one-half (½) or less shall rounded down and any fraction over one-half (0.5) shall be rounded up to the next highest whole number.
Fraternal, Charitable, and Service Oriented Clubs
A building or portion thereof or premises owned or operated by an entity, person or group of persons for a social, educational, religious, or recreational purpose, but not primarily for profit or to render a service which is customarily carried on as a business.
Frontage
All of the property abutting on one side of a street or places (crossing or terminating) or, if the street or place is dead-ended, then all of the property abutting on one side between an intersecting street or place and the dead end of the street or place.
Frontage, Street or Lot
The distance between the side lot lines measured along the required front setback line. In the case of a corner lot, frontage shall be measured along the shortest front lot line. Property lines which abut limited access roads shall not be construed to be included within any calculation of frontage. See Figure 1125-E.
Figure 1125-E: Illustration of building frontage versus street frontage.
Fuel Stations
An establishment that sells unleaded and diesel gasoline or any other fuel used for in vehicles.
Funeral Homes
Any dwelling or establishment used and occupied by a professionally licensed mortician for human burial preparation and funeral services.
Gaseous-Activated Device or Graphic
A sign, all or any part of, which is designed to be moved by action of forced air so as to make the sign appear to be animated or otherwise have motion. See also the definition for "Sign, Balloon."
Government Offices and Buildings (No Outdoor Activities)
Buildings or office space utilized for the provision of services by the Village of Centerburg, Knox County, the State of Ohio, or the Federal Government that does not include outdoor activities other than parking. Such uses include, but are not limited to, the municipal building, fire stations, police stations, post office, government offices, and other similar uses.
Grade
The average level of the finished surface of the ground adjacent to the sign, building, or other structure being measured.
Grading
The stripping, cutting, filling, or stockpiling, or any combination thereof of earth-disturbing activity, inclusive of land in its cut or filled conditions
Grand Openings and Other Special Events
Any temporary event not classified otherwise in this code but that can also include temporary events for activities such as the opening of businesses or groundbreaking ceremonies.
Grass
A species of perennial grass grown, and maintained at a relatively short length, as permanent lawns or for landscape purposes.
Green Infrastructure
Stormwater management techniques that use natural systems, or engineered systems, that mimic natural process.
Ground Cover
A plant growing less than two feet in height at maturity that is grown for ornamental purposes. Ground covers are used as an alternative to grasses. On slopes, ground covers control erosion while eliminating the maintenance of mowing on hillsides. Ground covers also provide permanent covering of open ground to prevent erosion and/or create visual appeal.
Hedge
A barrier of natural vegetation usually consisting of evergreen trees, shrubs, or tall grasses that can be used to enclose, screen, or separate areas.
Height
The vertical distance of a building or structure as measured from the finished grade in accordance with Section 1111.01(d)(1).
Home Occupation
A business, profession, occupation, or trade that is conducted within a residential dwelling unit for the economic gain or support of a resident of the dwelling and is incidental and secondary to the residential use of the lot and does not adversely or perceptively affect the character of the lot or surrounding area.
Homeowners' Association
A community association that is organized within a development in which individual owners share common interests and responsibilities for open space, landscaping, private roads, or other such facilities.
Hospitals
An institution providing inpatient and outpatient medical and surgical care, diagnosis and treatment for sick or injured persons including beds for overnight care, laboratories, medical offices, training facilities, and other necessary accessory facilities. The term hospital does not include a substance abuse treatment facility, skilled nursing and personal care facilities, or other similar use.
Hotels and Motels
A facility offering temporary lodging accommodations, in individual rooms or suites, on a daily rate, to the general public and potentially providing additional accessory services such as, but not limited to, restaurants, meeting rooms and recreational facilities.
Housekeeping Unit
Five or fewer unrelated persons occupying a single dwelling unit, living as a single group, and doing their own cooking on the premises as distinguished from a group occupying a hotel, motel, or other group living arrangement. Such definition shall also include "residential facilities" that allow for more than five persons when permitted as a licensed "residential facility."
Impervious Surface
Any hard-surfaced, man-made area that does not readily absorb or retain water, including but not limited to building roofs, parking and driveway areas, sidewalks, decks and paved recreational facilities. The use of porous or pervious pavers or materials shall not constitute impervious surfaces.
Improvement Plans
The engineering plans showing types of materials and construction details for the proposed subdivision improvements.
Improvements
Street pavement or resurfacing, curbs, gutters, sidewalks, water lines, sewer lines, storm drains, street lights, flood control and drainage facilities, utility lines, structures, landscaping, and other related matters normally associated with the subdivision of raw land into building sites.
Industrial Service Uses
Establishments primarily engaged in rendering services to office, business, or industrial establishments on a fee or contract basis, such as advertising and mailing; building maintenance; employment services; management and consulting services; protective services; office equipment rental and leasing; commercial research; development and testing; photo finishing; machine repair, and personal supply services.
Industrial Uses, Heavy
Uses engaged in the basic processing and manufacturing of materials or products predominately from extracted or raw materials, or a use engaged in storage of, or manufacturing processes using flammable or explosive materials, or storage or manufacturing processes that potentially involve hazardous conditions. "Heavy industrial uses" shall also mean those uses engaged in the operation, parking, and maintenance of vehicles, cleaning of equipment or work processes involving solvents, recycling establishments, public works yards, and container storage.
Industrial Uses, Light
The manufacturing, processing, or assembly of products within a fully enclosed structure where noise, odor, light, or vibrations is not reasonably noticeable from the adjacent properties.
Landscaping
The improvement of a lot, parcel, tract of land, or portion thereof, with grass, shrubs, and trees. Landscaping may include pedestrian walks, flower beds, trees, shrubs, and ornamental objects such as fountains, statuary, and other similar natural and artificial objects. In no case shall landscaping include the use of artificial plants or flowers as a replacement for living plant material.
Light Fixture
The structure that holds the lamp in a lighting system. It includes the elements designed to give light output controls, such as a reflector (mirror) or refractor (lens), the ballast, housing, and the attachment parts.
Light, Cutoff
An artificial outdoor light source designed to ensure that no light is directly emitted above a horizontal line parallel to the ground as regulated and illustrated in Section 1111.05.
Light, Non-Cutoff
An artificial outdoor light source designed to allow light to be directly emitted above a horizontal line parallel to the ground as regulated and illustrated in Section 1111.05.
Loading Area
An off-street space or berth for the loading or unloading of freight carriers on the same lot as the structure they serve.
Loading Space
An off-street space or berth on the same lot with a building or contiguous to a group of buildings, for the temporary parking of a commercial vehicle while loading or unloading merchandise or materials that has an appropriate means of access.
Lot and Sidewalk Commercial Activities
Temporary sales related to a business that are located on the adjacent sidewalk or on the same lot but not within the designated building that contains the associated business (e.g., tent sales in parking lots or sidewalk sales).
Lot Area
The total area within the lot lines of a lot, excluding any street right-of-way or other legal public dedication. See Section 1111.01(a).
Lot Coverage
That portion of a lot, which when viewed directly above, which would be covered by a building or structure, parking and loading areas and other surfaces that are impermeable or substantially impervious to water.
Lot Depth
The mean horizontal distance between the front lot line and the rear lot line, measured in the general direction of the side lot lines.
Lot Line
The boundary line defining the limits of the lot. Lot line is synonymous with "property line."
Lot Line, Front
In the case of an regular lot, means that line separating such lot from the street. In the case of a corner lot or double frontage lot, the front lot line is that line separating such lot from either street. See Section 1111.01(b)(4).
Lot Line, Rear
A lot line opposite a front yard. A rear lot line is generally parallel to or less than forty-five (45) degrees to the front street right-of-way line. See Section 1111.01(b)(4).
Lot Line, Side
A lot line generally extending perpendicular to the front and rear lot lines. The side lot line extends between the front lot line and the rear lot line. See Section 1111.01(b)(4).
Lot of Record
A lot which is part of a subdivision, the part of which has been recognized by the Knox County Auditor and recorded in the office of the Knox County Recorder, or a parcel of land the deed to which was recorded, prior to adoption of this code.
Lot Width
The horizontal distance between the side lot lines, measured at right angles to the lot depth at the front setback line. See Section 1111.01(a).
Lot, Corner
A lot which adjoins the point of intersection or meeting of two (2) or more streets and in which the interior angle formed by the street lines is one 135 degrees or less. See Figure 1125-F.
Figure 1125-F: Illustration of typical lot types.
Lot, Curved or Cul-De-Sac
A lot with frontage along a curved street or cul-de-sac. See Section 1111.01(b)(4).
Lot, Double Frontage (Through)
A lot having a frontage on two (2) non-intersecting streets, as distinguished from a corner lot. See Section 1111.01(b)(4).
Lot, Nonconforming
A lot that does not meet the minimum lot width, street frontage, and/or lot area requirements of the applicable zoning district.
Lot, Panhandle (Flag)
A lot that does traditionally have a frontage on or abutting a public street but where access is provided through a narrow strip of land that fronts or has access to the street. See Section 1111.01(b)(4).
Lot, Regular
A lot that has a single street frontage, a rear lot line, and at least two (2) side lot lines. See Section 1111.01(b)(4).
Mechanical Equipment
Equipment, devices and accessories, the use of which relate to water supply, drainage, heating, ventilating, air conditioning, and similar purposes.
Medical Marijuana
Marijuana that is cultivated, processed, dispensed, tested, possessed or used for a medical purpose, including the leaves, stems, buds, and flowers of the medical marijuana plant, or as otherwise defined in Ohio Revised Code Section 3796.01(A)(2).
Medical Marijuana Cultivation
To grow, harvest, package, and transport medical marijuana pursuant to a certificate of operation issued by the Ohio Department of Commerce as permitted under Chapter 3796 of the Ohio Revised Code and any administrative rules promulgated thereunder.
Medical Marijuana Processing
Converting harvested Medical Marijuana into Medical Marijuana Product and packaging, selling and delivering Medical Marijuana Product for Retail Dispensing in accordance with a certificate of operation by the Ohio Department of Commerce as permitted under Chapter 3796 of the Ohio Revised Code and any administrative rules promulgated thereunder.
Medical Marijuana Product
A product that contains cannabinoids that have been extracted from medical marijuana for administration to a registered patient, including but not limited to oils, tinctures, edibles, patches and other forms approved under division (A)(6) of Section 3796.06 of the Ohio Revised Code.
Medical Marijuana Retail Dispensing
To distribute, sell, or otherwise provide a Medical Marijuana Product to qualifying patients and caregivers pursuant to a certificate of operation issued by the State of Ohio Board of Pharmacy as permitted under Chapter 3796 of the Ohio Revised Code and any administrative rules promulgated thereunder.
Medical/Dental Clinics and Urgent Care
Office or clinic uses concerned with the diagnosis, treatment, and care of human beings. This definition includes twenty-four (24)-hour urgent care centers but does not include "hospitals," "skilled nursing facilities," or "personal care facilities." The use shall not include any ambulance service or overnight stays.
Message Change
• Static/Instant message change is defined as when one message changes to another message instantly without scrolling, flashing, or other movement of the message.
• Dissolving message change is defined as a message transition accomplished by varying the light intensity or pattern, where the first message gradually appears to dissipate with the gradual appearance of the next message.
• Fading message change is defined as a message transition accomplished by varying the light intensity, where the first message gradually reduces intensity and the next message gradually increases intensity.
Microbrewery, Microdistillery, or Microwinery
An establishment with where beer, liquor, wine, or other alcoholic beverage is manufactured on the premises. The manufacturing may be the principal use of the facility or may be subordinate to a restaurant, bar, or tavern as allowed in Section 1105.05: Allowed Principal Uses. A microbrewery, microdistillery or microwinery may include some off-site distribution of its alcoholic beverages consistent with state law.
Mixed Use Buildings
A building that contains a commercial or office use and a residential use within a single building as provided for in this code.
Monument
A box with an iron pin at the intersection of the centerlines of two (2) streets or at a location where the point of tangency meets the point of curvature for curved sections of streets.
Multi-Tenant Use
A principal building with multiple uses of a similar use classification (e.g., commercial, industrial, etc.) but that has multiple tenant spaces and/or multiple use types. A strip mall or strip center with a mixture of retail uses such as restaurants, retail stores, and personal service establishments is an example of a multi-tenant building. Such use does not include any use within the residential use classification.
New Construction (Flood Protection)
Structures for which the "start of construction" commenced on or after the initial effective date of the Village of Centerburg's Flood Insurance Rate Map, and includes any subsequent improvements to such structures.
Nonconforming Site Condition
A site improvement that was legally established, but no longer conforms to the parking, landscaping, architectural, or other design standards for the site exclusive of the lot area, lot width, or other site development standards established in this code. See also "lot, nonconforming".
Nonconformity
Lots, uses of land, structures, and uses of structures and land in combination, lawfully existing at the time of enactment of this ordinance or its amendments, which do not conform to the regulations of the applicable zoning district, and are therefore incompatible. See also the definitions for "use, nonconforming," "lot, nonconforming," "building, nonconforming," "nonconforming site condition," and "structure, nonconforming."
Nudity or State of Nudity
The showing of the human male or female genitals, pubic area, vulva, anus, anal cleft or cleavage with less than a fully opaque covering, the showing of the female breast with less than a fully opaque covering of any part of the nipple, or the showing of the covered male genitals in a discernibly turgid state.
Nursery Schools and Day Care Centers
A facility administering 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 portion of the twenty-four (24)-hour day in a building other than the child's own home. This use may include, but is not limited to, after school programs, office day care centers and principal structures used for only day care/nursery school programs. This term may also include adult day care centers where persons other than children, family members, or guardians care for an adult for a portion of a twenty-four (24)-hour day in a building other than the adult's home.
Occupant
A person who, on a regular basis, spends nights at a residence. A person is considered an occupant regardless of whether they spend the majority of their nights at a residence, if the times they do stay overnight are regular and recurrent. In addition, a person shall be considered an occupant if their clothes or other daily living supplies are maintained at the residence.
Opacity
The degree to which a structure, use or view is screened from adjacent properties.
Open Space
Open areas, including parks, nature areas, playgrounds, trails, and improved open space areas.
ORC
Ohio Revised Code
Ordinance
Any legislative action, however denominated, of a local government which has the full force of law, including any amendment or repeal of any ordinance.
Outdoor Dining
Areas on sidewalks (public or private), patios, or other unenclosed areas, excluding vehicular use areas, that are designated for outdoor seating where patrons may be served food and beverage for on-site dining.
Outdoor Drop-Off Boxes
Small collection facilities where recyclable materials, clothing, or household goods are accepted from the public (e.g., neighborhood recycling stations and thrift store collection boxes).
Outdoor Lighting
Any source of light that is installed or mounted outside of an enclosed building or structure, but not including streetlights installed or maintained along public streets by a government agency or public utility. See Section 1111.05.
Outdoor Sales and Storage
An outdoor area that is permanently designated as a place for th placement of products or materials for sale outside of a retail or wholesale sales establishment.
Owner
Any individual, firm, association, syndicate, co-partnership corporation, trust or any other legal entity, having legal title to or sufficient proprietary interest in the land.
Parking Aisle
The driveway or access drive by which a car enters and departs a parking space.
Parking Area
An area designed for the parking of vehicles that includes parking spaces and any driveways or access drives specifically related to the parking spaces.
Parking Lots or Garages
Surface areas or structures used to provide parking spaces along with adequate drives and aisle, for maneuvering, so as to provide access for entrance and exit for the parking of more than two vehicles. This may be permitted as a principal use of the lot in accordance with Chapter 1105: Zoning Districts and Principal Uses, or as an accessory to a principal use as established in Chapter 1109: Accessory and Temporary Uses.
Parking Space
A suitably surfaced and permanently maintained area on privately owned property either within or outside of a building of sufficient size to store one standard automobile.
Passive Parks, Open Space, and Natural Areas
Any park or recreational facility where there is no grading of the land, the construction of facilities, lighting, or development of ball fields with the exception that passive parks, recreational facilities, and conservation areas may include the development of trails and sidewalks.
Patio
An unenclosed outdoor hard-surfaced area that is no higher than eighteen (18) inches above the ground. If a pergola or other roof structure is attached to the principal building and extends over the patio, then the patio and roofing shall be considered a porch.
Figure 1125-G: Illustrative example of a patio.
Pennants
A triangular or irregular piece of fabric or other material, whether or not containing a message of any kind, commonly attached by strings or strands, or supported on small poles, intended to flap in the wind.
Permanently Sited Manufactured Housing
A building unit or assembly of closed construction as defined in the ORC.
Person
Any individual, corporation, partnership, joint venture, agency, unincorporated association, municipal corporation, Knox County or State agency within Ohio, the federal government, or any combination thereof. An agency is further defined in the Ohio R.C. 111.15 as any governmental entity of the State and includes, but is not limited to, any board, department, division, commission, bureau, society, council, institution, state college or university, community college district, technical college district or state community college. Agency does not include the general assembly, the controlling board, the adjutant general's department, or any court.
Personal Care
Personal care means the provision of personal services such as help in walking and getting in and out of bed; assistance with bathing, dressing, and feeding; preparation of a special diet; and supervision over medications which can be self-administered.
Personal Services
Establishments that are primarily engaged in providing services generally involving the care of the person or person's possessions. Personal services may include, but are not limited to, laundry and dry-cleaning services, barber shops, beauty salons, health and fitness studios, music schools, informational and instructional services, tanning salons, and portrait studios.
Planned Development
A development constructed on a tract of minimum size under single ownership planned and developed as an integral unit and consisting of a combination of residential and/or nonresidential uses on the land.
Planning Commission
The Planning Commission of the Village of Centerburg, Ohio
Plat
A map graphically indicating a proposed land subdivision or re-subdivision prepared in a form suitable for filing for record, with necessary affidavits, dedications and acceptances, and with complete bearings and dimensions of all lines defining lots, blocks, streets, alleys, public areas, and other dimensions of land.
Plat, Final Subdivision
The final map of all or a portion of the subdivision which is presented to the Planning Commission and Village Council for final approvals in accordance with this code, and which, if approved, shall be filed with the proper county recording officer.
Plat, Preliminary Subdivision
A plat of all parts of a subdivision prepared by a professional registered engineer or surveyor, incorporating recommendations and requirements of planning authorities, and showing topography, means of drainage, roadways, grades, sanitary and water service, and other information for preliminary approval by the Planning Commission in accordance with Section 1103.10.
Porch
An unenclosed area with a roof that is attached to a building but not used for livable space. A porch also includes paved areas without a roof if the surface area is higher than eighteen (18) inches above the adjacent grade (e.g., stoops).
Figure 1125-H: Examples of a front porch (left) and back porch (right).
Portable Storage Units
Any portable enclosed unit of whatever type of construction or material, designed for permanent or temporary storage, which can be transported by vehicle and left on-site.
Public Hearing
A public hearing is where a decision-making board (Village Council or Planning Commission) holds a special review of an application where specific notice is provided to the public and the public is afforded an opportunity to speak and be heard. Public hearings take place during a public meeting of the applicable decision-making body.
Public Improvements
See definition of "improvements."
Public Meeting
A public meeting is a prearranged gathering of a majority of the members of a public body (Village Council or Planning Commission) for the purpose of discussing public business. Public meetings are subject to the Open Meetings Act of Ohio. Both public hearings and adjudication hearings, as defined and addressed in this code, can only take place at a public meeting.
Public Utility Buildings and Facilities
Structures and land used for storage, transmission, or recovery facility for water, sewerage, telephone, electric or gas and other similar utilities owned or operated by any public agency or by any utility subject to the jurisdiction of the Public Utilities Commission (PUCO). Such uses may also include salt storage or other outdoor activities necessary for the efficient operations of the local, state, or federal government.
Raceway or Wireway
An elongated metal enclosure used to mount individual channel lettering and to conceal related transformers and wiring.
Research and Development Facilities
An establishment or facility for carrying on investigation in the natural, physical, or social sciences, or engineering and development as an extension of investigation with the objective of creating end products. Such establishment shall not include the manufacturing or assembly of products beyond the development of prototype systems or products. All activities shall take place within an enclosed building.
Residential Community Centers
A building used for the meeting, recreation, or social activity designed to accommodate and serve the residents of a subdivision or development with which the use is associated and that may be privately owned or jointly owned by property owners.
Residential Facilities
Any residential facility meant as a permanent residence for persons, licensed by the State of Ohio, designed to allow not more than sixteen (16) persons, needing specialized care, counseling, ongoing medical treatment or supervision to live in the same building or complex of buildings and engage in some congregate living activity in a non-institutional environment as regulated by Chapters 5119 and 5123 of the Ohio Revised Code.
Restaurants
An establishment whose principal business is the selling of food and beverages to the customer in a ready to consume state, in individual servings.
Retail Businesses
Any business selling goods, wares or merchandise directly to the ultimate consumer for direct consumption and not for resale. A retail business use includes, but is not be limited to such activities as: supermarkets; stores that sell electronics, hardware, apparel, footwear, appliances, furniture, department stores, and discount stores.
Retail Commercial Uses
For the purposes of accessory uses, this term shall mean "retail businesses" that are accessory to the principal use.
Retail Sales of Holiday Items
Temporary sales of holiday items such as Christmas trees, pumpkins, etc.
Right-of-Way
A strip or area of land dedicated for use as a public roadway, railroad, or dedicated for other public uses. For streets, the right-of-way typically includes the paved roadway, curbs, lawn strips, sidewalks, lighting, drainage facilities and utilities and may include special features (required by the topography or treatment) such as grade separation, landscaped areas, viaducts, and bridges.
Right-of-Way Width
The distance between property lines measured at right angles to the center line of street.
Road
See definition of "street."
Roadside Stands
A structure that may be located on a farm for the sale of produce and products grown or produced on site, utilizing materials grown on site.
Roof Line
Either the edge of the roof or the top of the parapet, whichever forms the top line of the building silhouette. In regards to sign placement, where a building has several roof levels, the pertinent roofline or parapet shall be the one belonging to that portion of the building on whose wall the sign is located.
Satellite Dishes
A parabolic dish antenna including its structural supports, used for reception of various satellite television programming signals.
Self-Storage Facilities (Indoor)
A building that contains varying sizes of individual, compartmentalized, or controlled-access stalls or lockers for the dead storage of a customer's goods or wares where all access to such stalls or lockers occurs within the inside of the building and where there is no outdoor storage.
Self-Storage Facilities (Outdoor)
A building or group of buildings in a controlled-access and fenced compound that contains varying sizes of individual, compartmentalized, or controlled-access stalls or lockers for the dead storage of a customer's goods or wares where the access to such stalls or lockers occurs from the exterior of the building. Such use may include the outdoor storage of vehicles as an accessory use if approved by the Planning Commission as part of the conditional use approval.
Semi-Nudity or Semi-Nude Condition
The showing of the female breast below a horizontal line across the top of the areola at its highest point or the showing of the male or female buttocks. This definition shall include the entire lower portion of the human female breast, but shall not include any portion of the cleavage of the human female breast, exhibited by a dress, blouse, skirt, leotard, bathing suit or other wearing apparel, provided that the areola is not exposed in whole or part.
Setback
Setback means the required minimum horizontal distance between a lot line or the proposed right-of-way, whichever is more restrictive and a building, surface parking lot or structure as established by this code.
Setback Line
A line established by this code generally parallel with and measured from the lot line or the right-of-way, whichever is more restrictive, defining the minimum distance a building, structure, parking area or outdoor storage area shall be located from the said lot or thoroughfare line, except as may be provided in this code. For example, a front yard setback line is the line formed by applying the minimum front yard setback from any applicable front lot lines.
Setback, Building
The setback required from any right-of-way and the principal or accessory building as established in this code.
Setback, Front
The minimum distance required between a building, structure, parking area, outside storage area, or other use of the property, and the front lot line. See Section 1111.01(b)(4).
Setback, Rear
The minimum distance required between a building, structure, parking area, outside storage area, or other use of the property, and the rear lot line. See Section 1111.01(b)(4).
Setback, Side
The minimum distance required between a building, structure, parking area, outside storage area, or other use of the property, and a lot that is shared with another lot where such lot line is defined as a side lot line. See Section 1111.01(b)(4).
Short-Term Rentals
The leasing of any residential property, either the entire dwelling unit or individual rooms, for a period of time less than thirty (30) consecutive days to one additional family or housekeeping unit. This use includes, but is not limited to homes or rooms being rented through services such as AirBnB, VRBO, HomeAway, etc.
Shrub
A woody plant, smaller than a tree, consisting of several small stems from the ground or small branches near the ground.
Sidewalk
That portion of the road right-of-way, easement, or private property that is improved for the use of pedestrian traffic by the general public.
Sign
Any object, device, display or structure or part thereof situated outdoors or adjacent the interior of a window or doorway which is used to communicate a message, including but not limited to, advertising, identifying, displaying, directing or attracting attention to an object, person, institution, organization, business, product, service, event or location by any means including words, letters, pictures, logos, figures, designs, symbols, fixtures, colors, illumination or projected images.
Sign Area
The entire display area of a sign including the advertising surface located on one (1) or more sign faces and any framing, trim and molding, but not including the supporting structure as measured pursuant to Section 1117.04(c).
Sign Copy
Those letters, numerals, and figures, symbols, logos, and graphic elements comprising the content or message of a sign.
Sign Face
The surface of the sign upon, against or through which the message of the sign is exhibited.
Sign, A-Frame
A freestanding sign which is ordinarily in the shape of an "A" or some variation thereof, which is readily moveable, and is not permanently attached to the ground or any structure. See also the definition of T-frame signs.
Sign, Awning
A permanent sign painted on, printed on or attached flat against the surface of an awning.
Sign, Balloon
A sign that is an air inflated object, which may be of various shapes, made of flexible fabric, resting on the ground or a structure, and equipped with a portable blower motor that provides a constant flow of air into the device. Balloon signs are restrained, attached or held in place by a cord, rope, cable, or similar method. See also the definition for "Gaseous-Activated Device or Graphic."
Sign, Banner
A temporary sign constructed of canvas, plastic, fabric or similar lightweight, non-rigid material that can be mounted to a structure with cord, rope, cable, or a similar method. Where a banner signs is supported by stakes or another type of supporting structure for posting in the ground, such sign shall be classified as a temporary "yard sign."
Sign, Building
Any permanent sign attached to any part of a building including awning, canopy, projecting, wall, or permanent window signs.
Sign, Canopy
A permanent sign attached to the soffit or fascia of a canopy of a covered entrance or walkway, or to a permanent awning.
Sign, Changeable Copy
A sign designed so that the characters, letter or illustrations can be changed or rearranged manually or electronically without altering the sign display surface. See also the definition of "sign, manual changeable copy" and "electronic message center".
Sign, Drive-Through Facility
Any permanent signage allocated along a drive-through lane that is oriented toward the customer or user in the drive-through lane.
Sign, Driveway
A small permanent sign located near driveway access points and/or at the intersection of internal access drives.
Sign, Feather
A temporary sign that is constructed of cloth, canvas, plastic fabric or similar lightweight, non-rigid material and that is supported by a single vertical pole mounted into the ground or on a portable structure.
Sign, Freestanding
Any sign supported upon the ground by a monument, pedestal, pole, bracing, or other permanent measure and not attached to any building.
Sign, Illuminated
Any sign which has characters, letters, figures, designs, or outlines illuminated externally or internally by any light source other than non-reflected natural daylight.
Sign, Manual Changeable Copy
A changeable copy sign designed so that the characters, letter or illustrations can be changed or rearranged manually. May also be known as readerboards.
Sign, Monument
A permanent freestanding sign other than a pole sign, not attached to a building, which is placed upon or supported by the ground independently of any other structure, typically on a monument or pedestal structure.
Sign, Nonconforming
Any sign which was erected legally prior to the adoption of this code, but which does not comply with subsequently enacted sign restrictions and regulations or a sign which does not conform to the sign code requirements.
Sign, Permanent
A sign permitted by this code to be located on the premises for an unlimited period of time and designed to be permanently attached to a structure or the ground that is constructed of rigid, non-flexible materials.
Sign, Pole
A sign which is supported wholly by a pole or poles and designed so as to permit pedestrian or vehicular traffic to flow underneath the bottom of the sign cabinet or copy.
Sign, Projecting
A permanent sign that is affixed perpendicular to a building or facade wall and extends more than eighteen (18) inches beyond the face of such building or facade wall.
Sign, Roof
Any sign erected on a roof.
Sign, Sidewalk
A temporary sign that may be placed on the sidewalk, in the public right-of-way, during business hours in accordance with this section and all other applicable ordinances and resolutions. See definition of "sign, 1- frame" and "sign, A-frame."
Sign, Temporary
A sign that is neither permanently anchored to the ground, nor permanently affixed to a structure, nor mounted on a chassis, and/or is intended for a limited period of display.
Sign, T-Frame
A freestanding sign which is ordinarily in the shape of an upside down "one (1)" or some variation thereof, which is readily moveable, and is not permanently attached to the ground or any structure. See also the definition for A-frame signs.
Sign, Wall
A permanent sign attached directly to an exterior wall of a building and which does not extend more than eighteen inches from nor above the roof line or beyond the limits of the outside wall, with the exposed face of the sign in a plane parallel to the building wall. Murals and other painted signs are considered wall signs pursuant to this section.
Sign, Window
Any sign that is applied to the interior or exterior of a window or door, or a sign located near a window or door within a building, for the purpose of being visible and read from the outside of the building.
Sign, Yard
Any temporary sign placed on the ground or attached to a supporting structure, posts, or poles, that is not attached to any building.
Site Plan
A plan prepared to scale accurately showing, with complete dimensions, the boundaries of the site, the location of buildings, exterior lighting, landscaping, vehicular use areas, access drives, signs, outdoor storage areas, and any other features that comprise a proposed development that are further defined in Section 1103.11 and that demonstrate a development's compliance with this code.
Site Plan Review
The review of proposed site plans as reviewed and decided upon in accordance with Section 1103.11.
Skilled Nursing
Those nursing services and procedures employed in caring for the sick which require training, judgment, technical knowledge, and skills beyond those which the untrained person possesses. It involves administering medications and carrying out procedures in accordance with the orders, instructions, and prescriptions of the attending physician or surgeon.
Skilled Nursing or Personal Care Facilities
A long-term or short-term residential facility that provides skilled nursing services or personal care in a facility that is not in a traditional dwelling type (e.g., single-family dwelling). Such facility shall not mean the same as "hospitals" or "residential facility."
Solar Panels
The equipment and requisite hardware that provides and is used for collecting, transferring, converting, storing, or using incident solar energy for water heating, space heating, cooling, generating electricity, or other applications that would otherwise require the use of a conventional source of energy such as petroleum products, natural gas, manufactured gas, or electricity produced from a nonrenewable resource. Such systems include passive solar energy systems that capture the sun's energy in building design and construction components; solar thermal energy systems that convert sunlight to heat as in a hot water tank or swimming pool; and photovoltaic solar energy systems that convert sunlight to electricity.
Specified Anatomical Areas
• The human male genitals in a discernibly turgid state, even if completely and opaquely covered; or
• Less than completely and opaquely covered human genitals, pubic region, buttocks or female breast below a point immediately above the top of the areola.
Specified Sexual Activities
Specified sexual activities means any of the following:
• The fondling or other erotic touching of human genitals, pubic region, buttocks, anus or female breasts;
• Sex acts, normal or perverted, actual or simulated, including intercourse, oral copulation, masturbation or sodomy; or
• Excretory functions as part of or in connection with any of the above activities.
Stacking Space
A portion of the vehicular use area on a site that is dedicated to the temporary storage or "standing" of vehicles engaged in drive-through use of the site or development.
Start of Construction
The date the building permit was issued, provided the actual start of construction, repair, reconstruction, rehabilitation, addition, placement or other improvement was within 180 days of the permit date. The actual start means either the first placement of permanent construction of a structure on a site, such as the pouring of slab or footings, the installation of piles, the construction of columns, or any work beyond the stage of excavation; or the placement of a manufactured home on a foundation. Permanent construction does not include land preparation, such as clearing, grading and filling; nor does it include the installation of streets and/or walkways; nor does it include excavation for a basement, footings, piers or foundations, or the erection of temporary forms; nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure. For a substantial improvement, the actual start of construction means the first alteration of any wall, ceiling, floor or other structural part of a building, whether or not that alteration affects the external dimensions of a building.
Store, Stored, Storing
For the purpose of this section, storage means retention on the site for more than thirty (30) days.
Story
The part of a building, except a mezzanine as defined herein, included between the surface of one floor and the surface of the next floor, or, if there is no floor above, then the ceiling next above, and having a height consistent with the requirement of occupiable space as defined in the residential building code.
Streamer
A ribbon-shaped or cord-like rope which may have pennants and/or banners attached and which is stretched or hung between two (2) or more supports.
Street
A right-of-way dedicated or deeded and accepted for public use, which provides for vehicular and pedestrian traffic. A street will typically include:
• The paved area, or cartway, principally for use by motorized vehicles, and usually bordered with curbs and gutter;
• A sidewalk between the paved area and right-of-way line principally for use by pedestrians; and
• A landscaped area between the sidewalk and paved area which is often called a "treelawn". Streets may be referred to as roads or thoroughfares.
Street, Arterial
Streets designed for the movement of large amounts of fast traffic between points of heavy traffic generation (e.g., freeways, large residential areas or business and industrial areas) and from one section of the community or communities to another. Major arterial streets have the widest rights-of-way and carry the largest volumes of traffic within the Village.
Street, Collector
A road intended to move traffic from local roads to arterials. A collector road serves a neighborhood or large subdivision and should be designed so that no residential properties face onto it.
Street, Cul-de-Sac
A local street with only one outlet that terminates in a vehicular turnaround and having an appropriate terminal for the safe and convenient reversal of traffic movement.
Street, Dead-End
A road or a portion of a road with only one (1) vehicular-traffic outlet.
Street, Half
A partially constructed street the extends from one right-of-way into a portion of the pavement and where the remainder of the street is anticipated to be constructed through development of an adjacent subdivision or development
Street, Local
A road whose sole function is to provide access to abutting properties and to other roads from individual properties and to provide right-of-way beneath it for sewer, water, and storm drainage pipes.
Street, Public
A street that has been dedicated or deeded to the public for public use and which affords principal access to abutting property.
Structural Alteration
Any change or rearrangement in the supporting members of a building, such as beams, girders, bearing walls, columns or partitions or any increase in the area or cubical contents of the building.
Structure
Anything constructed or erected on the ground or attached to the ground or on-site utilities, including, but not limited to, buildings, factories, sheds, detached garages, freestanding signs, cabins, manufactured homes, and other similar items. Patios, parking lots, or other similarly paved surfaces shall not be deemed structures.
Structure, Accessory
A structure on the same lot with, and of a nature customarily incidental and subordinate to, the principal structure.
Structure, Nonconforming
A structure or portion thereof, lawfully existing on the effective date of this code, or amendments thereto, and which does not conform to the provisions of the code in the district in which it is located.
Structure, Temporary
A structure permitted for limited duration with the intent that such use will terminate or the structure will be removed automatically upon expiration of the fixed time period. A temporary structure is without a foundation or footing.
Subdivider
Any individual, firm, association, syndicate, partnership, corporation, trust or any other legal entity commencing proceedings under this code to effect a subdivision of land hereunder for himself or for another.
Subdivider's Agreement
A contract entered into by the applicant and the Village on behalf of the municipality by which the applicant promises to complete certain required public improvements within the subdivision within a specified time period following final subdivision plat approval.
Subdivision
The division of any parcel of land, shown as a unit or as contiguous units on the last preceding tax roll, into two (2) or more parcels, sites or lots, for the purpose, whether immediate or future, of transfer of ownership, provided, however, that the improvement of one (1) or more parcels of land for residential, commercial or industrial structures or groups of structures, not involving the division, combination, alteration, or allocation of land for the opening, widening or extension of any street or streets, and the division or allocation of land as open spaces for common use by owners, occupants or lease holders or as easements for the extension and maintenance of public sewer, water, storm drainage or other public facilities, shall be exempted.
Subdivision, Major
A subdivision that is not classified as a minor subdivision in accordance with Section 1103.09(b).
Subdivision, Minor
A division of a parcel of land along an existing street not involving the opening, widening or extension of any street or road and involving no more than five (5) lots after the original tract has been completely subdivided. See further distinction in Section 1103.09(b).
Substance Abuse Treatment Facility
A facility used for the inpatient or outpatient care of persons suffering from or recovering from alcohol, drug, or other substance abuse issues.
Substantial Damage
Damage of any origin sustained by a structure whereby the cost of restoring the structure to its before damaged condition would equal or exceed fifty percent (50%) of the market value of the structure before the damage occurred. Substantial damage also means flood related damage sustained by a structure on two (2) separate occasions during a ten (10)-year period for which the cost of repairs at the time of each such flood event, on the average, equals or exceeds twenty-five (25%) of the market value of the structure before the damage occurred.
Substantial Enlargement (Adult Entertainment Business)
Substantial enlargement of an adult entertainment business means the increase in floor area occupied by the business by more than twenty-five percent (25%) as the floor areas exist on the date this code takes effect.
Substantial Improvement
means any reconstruction, rehabilitation, addition or other improvement of a structure, the cost of which equals or exceeds fifty percent (50%) of the market value of the structure before the "start of construction" of the improvement. "Substantial improvement" includes structures which have incurred substantial damage, regardless of the actual repair work performed. "Substantial improvement" does not, however, include:
• Any project for improvement of a structure to correct existing violations of state or local health, sanitary or safety code specifications which have been identified by the local code enforcement official and which are the minimum necessary to assure safe living conditions;
• Any improvement to a structure which is considered new construction.
Swimming Pool, Private
Any pool, lake, or open tank, primarily used for swimming or wading, not located within a completely enclosed building and containing or normally capable of containing water to a depth at any point greater than one and one-half (1½) feet. Such use shall be designed, used, and maintained for swimming or wading by the residents, tenants, or occupants of the subject property.
Temporary Outdoor Sales and Events
As defined in Section 1109.02(c)(4).
Temporary Sales Office and Model Homes
A dwelling unit temporarily converted into a sales and display office or a temporary sales office established in a development or subdivision for the purpose of providing an example of the units in the development.
Theaters
Any building or part of a building used for the showing of motion pictures or for dramatic, dance, musical, live or pre-recorded performances. Such use may include a lobby area and refreshment stand for the patrons.
Tree, Shade
A tree in a public place, street, special easement, or right-of-way adjoining a street as provided in these regulations.
Truck and Heavy Equipment Sales
An establishment engaged in the temporary storage for the sale or repair of tractor trailer trucks and other equipment or vehicles used in commercial, industrial or construction enterprises such as, but not limited to, bulldozers, cranes, backhoes, rollers, and lifts.
Type-B Day Care Home
A permanent residence of the provider in which child day care is provided for one to six (6) children at one time and in which no more than three children may be under two (2) years of age at one time. In counting children for the purposes of this definition, any children under six (6) years of age who are related to the provider and who are on the premises of the Type B Home shall be counted. A Type B Home does not include a residence in which the needs of children are administered, if all of the children whose needs are being administered to are siblings of the same immediate family and the residence is the home of the siblings.
Use
Any purpose for which a lot, building, or other structure, or a tract of land may be designated, arranged, intended, maintained, or occupied; or any activity, occupation, business, or operation carried on or intended to be carried on in a building or other structure or on a tract of land.
Use, Accessory
A use located on the same lot with the principal use of building or land, but incidental and subordinate to and constructed subsequent to the principal use of the building or land.
Use, Conditional
A use which may be appropriate or desirable in a specified zoning district, but requires special approval through the conditional use approval (See Section 1103.08.) because, if not carefully located or designed, it may create special problems such as excessive height or bulk or abnormal traffic congestion.
Use, Nonconforming
Any building or land lawfully occupied by a use that was in accordance with the zoning regulations, if any, in existence when the use commenced and which, through subsequent enactments or changes of zoning regulations either prior to the passage of this code or by the passage of this code or amendments thereto, does not conform or did not conform thereafter with the use regulations of the district in which it is situated.
Use, Principal or Main
The main use of land or buildings as distinguished from subordinate or accessory uses. A principal use may be either permitted, permitted with standards, or conditionally permitted.
Use, Temporary
A use that is established for a fixed period of time with the intent to discontinue such use upon the expiration of such time and does not involve the construction or alteration of any permanent structure.
Variance
A modification of the strict terms of these regulations where such modification will not be contrary to the public interest and where, owing to conditions peculiar to the property and not the result of the action of the applicant, a literal enforcement of these regulations would result in a practical difficulty. See Section 1103.12.
Vehicle Washing Establishments
The use of a site for washing and cleaning of passenger vehicles, recreational vehicles, or other light duty equipment. This shall include establishments that provide car detailing services.
Vehicle, Commercial
A motorized vehicle which is used primarily for commercial purposes and not for personal or recreational purposes.
Vehicle, Recreational
A vehicle that is:
• Built on a single chassis,
• 400 square feet or less when measured at the largest horizontal projection,
• Designed to be self-propelled or permanently towable by a light duty truck, and
• Designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel or seasonal use.
Vehicular Use Area
The entire paved area that encompasses all parking spaces, loading areas, stacking spaces, and the access drives that provide access to those spaces but that does not include the entry drive or driveway with no direct access to a parking space, stacking space, or loading space.
Village
The Village of Centerburg, Ohio in Knox County, Ohio
Village Council
The Village Council of the Village of Centerburg, Ohio
Violation
The failure of a structure or other development to be fully compliant with the regulations of this code.
Wall, Landscaping
See definition of "fence."
Wall, Retaining
A retaining wall is a structure that holds back soil or rock from a building, structure or area. Retaining walls prevent downslope movement or erosion and provide support for vertical or near-vertical grade changes.
Warehouses
A business establishment primarily engaged in the storage, loading, and unloading of merchandise, goods, and materials, not including "self-storage facilities."
Wholesale Establishments
An establishment or place of business primarily engaged in selling merchandise to retailers, including associated showrooms and warehousing; to industrial, commercial, institutions, or professional business users; to other wholesalers; or acting as agents or brokers and buying merchandise for, or selling merchandise to, such individuals or companies.
Wireless Telecommunication Facilities
A facility consisting of the equipment and structures involved in receiving telecommunications or radio signals from a mobile radio communications source and transmitting those signals to a central switching computer which connects the mobile unit with the land-based telephone lines for the provision of personal wireless services.
Yard
An open space on the same lot with a building, established by the application of setbacks, which is unoccupied and unobstructed by any portion of a structure from the ground upward, except as otherwise provided in this code. See Section 1111.01(b) for rules of measurement and determination for all yard types.
Yard, Front
Unless otherwise stated in Section 1111.01(b), a front yard is an open space extending the full width of the lot, the depth of which is the minimum horizontal distance between the front lot line and the nearest point of the main building.
Yard, Rear
Unless otherwise stated in Section 1111.01(b), a rear yard is an open space extending the full width of the lot, the depth of which is the minimum horizontal distance between the rear lot line and the nearest point of the main building.
Yard, Side
Unless otherwise stated in Section 1111.01(b), a side yard is an open space between a main building and the side lot line, extending from the front yard to the rear yard, the width of which is the horizontal distance from the nearest point of the side lot line to the nearest point of the main building.
Zoning Administrator
The Zoning Administrator of the Village of Centerburg, Ohio. The individual designated to administer and enforce this code, unless otherwise stated.
Zoning Certificate
An official statement certifying that a proposed building or use complies with all the provisions of this code. See Section 1103.13.
Zoning District
An area within the Village limits for which the regulations and requirements governing use are uniform as defined by Section 1105.02: Establishment of Zoning Districts.
Zoning District Map
The Zoning District Map or maps of the Village, together with all amendments subsequently adopted by Village Council.
Zoning District, Nonresidential
The term "nonresidential zoning district" shall include the CC, VC, RO, ID, and P-I districts, regardless if residential uses are permitted.
Zoning District, Residential
The term "residential zoning district" shall include the ER, R-1, R-2, and R-3 districts.
(Ord. 2023-16. Passed 6-5-23.)
CODIFIED ORDINANCES OF CENTERBURG