ACCESS DRIVE means a way or means of approach to provide physical entrance to a property, as in driveway or curb cut.
ACCESSORY BUILDING means any building located on the same lot as a principal structure and has a use that is incidental and subordinate to the principle structure's use.
ACCESSORY STRUCTURE means any structure located on the same lot as a principal structure and has a use that is incidental and subordinate to the principle structure's use.
ACCESSORY USE means the use or partial use of a structure or land that is incidental and subordinate to the principle use of that structure or that land.
ADULT ENTERTAINMENT USES means any use of a sexual nature, including retail establishments selling publications and other material of a sexual nature, adult motion picture theater used for presenting films and other material of a sexual nature, and adult only entertainment establishment featuring services of a sexual nature.
AGRICULTURE means the production, keeping or maintenance, for sale, lease or personal use of plants and animals useful to humans, including but not limited to: forages and sod crops; grains and seed crops; dairy animals and dairy products, poultry and poultry products; livestock, including beef cattle, sheep, swine, horses, ponies, mules, or goats, or any mutations or hybrids thereof, including the breeding and grazing of any or all of such animals; bees and apiary products; fur animals; trees and forest products; fruits of all kinds, including grapes, nuts and berries; vegetables; nursery, floral, ornamental, and greenhouse products; or lands devoted to a soil conservation or forestry management program.
ALLEY or LANE means a public or private way not more than 30 feet wide affording only secondary means of access to abutting property.
ALTERATION means any change or rearrangement in the supporting members of an existing building, such as bearing walls, columns, beams, girders or interior partitions, as well as any change in doors or windows, or any enlargement to or diminution of a building or structure, whether horizontally or vertically, or the moving of a building or structure from one location to another.
ANIMAL HOSPITAL means a place which animals or pets are given medical or surgical treatment and the boarding of animals is limited to short-term care incidental to the hospital use.
ARTISAN STUDIO means a building or portion thereof used for the creation of original handmade works of art or craft items by no more than ten artists or artisans, either as a principal or accessory use.
ARTISAN WORKSHOP means a use primarily involving the limited on-site production of goods by hand manufacturing which involves only the use of hand tools or mechanical equipment that does not exceed two horsepower each or a single kiln not exceeding eight cubic feet in volume and the incidental direct sale to consumers. Typical production includes: custom furniture, ceramic studios, glass blowing, candle making, custom jewelry, stained and leaded glass, woodworking, custom textile manufacturing and crafts production.
ATTENTION GETTING DEVICE means a device designed or intended to attract by noise, sudden intermittent or rhythmic movement, physical change or lighting change, such as banners, flags, streamers, balloons, propellers, whirligigs, search lights, and flashing lights.
ATTIC means that part of a building which is immediately below and wholly or partly within the roof framing.
AUTOMOBILE means a self-propelled free moving vehicle, with four or more wheels, primarily for conveyance on a street or roadway.
AUTOMOBILE CAR WASH means any building or premises or portions thereof where mechanical devices are used for washing, detailing, or vacuuming automobiles.
AUTOMOBILE CONVENIENCE MARKET means a place where gasoline, motor oil, lubricants, or other minor accessories are retailed directly to the public on the premises in combination with the retailing of items typically found in a convenience food market or supermarket.
AUTOMOBILE PARKING LOT OR GARAGE means establishments primarily engaged in the parking or storage of motor vehicles on surface lots, garages, or other means where no other service is provided.
AUTOMOBILE REPAIR AND SERVICES means establishments primarily engaged in the repair, rebuilding or reconditioning of motor vehicles or parts thereof, including collision service, painting, tire dealers, battery dealers and other accessory dealers.
AUTOMOBILE SALES or TRAILER SALES means the use of a building, land area or other premises for the display, sale, and rental of new or used automobiles, panel trucks or vans, trailers, motorcycles, or recreation vehicles and where no warranty repair work and other repair service is conducted.
AUTOMOBILE SERVICE STATION means an establishment where gasoline and other petroleum products are sold as the principal use of the property. Light maintenance activities such as engine tune-ups, lubrication, and minor repairs may also be provided if incidental to such principal use. Service stations do not include premises where retail sales space exceeds 25% of the total building area or 500 square feet of gross floor area, whichever is less. Service stations do not include premises where heavy automobile maintenance activities, such as engine overhauls, automobile painting, and bodywork, are conducted.
BASEMENT means a space having one-half or more of its floor-to ceiling height below the average level of the adjoining ground and with a floor-to-ceiling height of not less than six and one-half feet.
BEDROOM means a private room planned and intended for sleeping, separable from other rooms by a door, and accessible to a bathroom without crossing another bedroom or living room.
BEST EFFORTS means the best reasonable efforts under the circumstances, taking into consideration, among other appropriate matters, safety, expedition, available technology, human resources and cost.
BOARDING HOME FOR SHELTERED CARE means a profit or nonprofit boarding home, rest home, or other home for the sheltered care of adult persons which, in addition to providing food and shelter to four or more persons unrelated to the proprietor, also provides any personal care or service beyond orphans, foster children, the elderly, and battered persons.
BUFFER STRIP means a land area used to visibly separate one use from another or to shield or block noise, lights, or other nuisances.
BUILDABLE AREA means the area of a lot remaining after the minimum yard and open space requirements of the Zoning Code have been met.
BUILDER means a person who builds or contracts to build a building or structure within Commercial Point.
BUILDING means any structure securely affixed to land having a roof supported by columns or walls, entirely separated on all sides from any similar structure or entirely separated on all sides by walls in which there are no communicating doors, windows or similar openings and intended for the shelter, housing or enclosure of any individual, animal, process, equipment, goods or materials of any kind or nature.
BUILDING COVERAGE means the horizontal area measured within the outside of the exterior walls of the ground floor of all principal and accessory buildings on a lot.
BUILDING HEIGHT means the vertical distance of a building measured from the average elevation of the finished grade within 20 feet of the structure to the highest point of the roof.
BUILDING LINE means a line parallel to the street line at a distance there from equal to the depth of the front yard required for the zoning district in which the lot is located.
BUILDING, PRINCIPAL means a building in which is conducted the principal use of the lot on which it is located.
BUILDING ENVELOPE means the area designated by the developer or builder for the construction of the principal building(s) upon the site in accordance with the following:
(1) In platted residential subdivisions or residential site condominiums. The buildable area remaining on the lot, parcel or unit after complying with zoning setback and maximum lot or site coverage requirements, or such smaller building area designated by the developer for construction of building upon a lot, parcel or unit within the development.
(2) In all other developments. The building area(s) plus ten feet around the perimeter of the building(s) provided such areas do not encroach into any required setback.
CALIPER (TREE) means a tree's diameter in inches measured four and one-half feet above the ground.
CARPORT means a roofed structure providing space for the parking or storage of motor vehicles and enclosed on not more than three sides.
CARRY-OUT RESTAURANT means an establishment which by design of physical facilities or by service or packaging procedures permits or encourages the purchase of prepared ready-to-eat foods intended primarily to be consumed off the premises, and where the consumption of food in motor vehicles on the premises is not permitted or not encouraged.
CEMETERY means property used for the interring of the dead.
CENSUS TRACT means areas into which communities are divided by the U.S. Department of Commerce, Bureau of the Census, for statistical purposes.
CENTRAL BUSINESS DISTRICT shall be defined as the old town properties designated on the 2004 zoning map as B-1 district.
CERTIFIED ARBORIST means any individual certified by the National Arborist Association.
CHIMNEY means a structure lesser in function than a smoke stack and containing one or more flues for drawing off emissions from stationary sources of combustion.
CHURCH or HOUSE OF WORSHIP means a building or structure or groups of buildings or structures which by design and construction are primarily intended for the conducting of organized religious services and accessory uses associated therewith.
CLUSTER DEVELOPMENT means a development design technique that concentrates buildings in specific areas on the site to allow the remaining land to be used for recreation, common open space, and preservation of environmentally sensitive features.
CLUSTER SUBDIVISION means a wholly or principally residential subdivision that permits a reduction in lot area, setback, or other site development regulations, provided there is no increase in the overall density permitted for a conventional subdivision in a given zoning district, and the remaining land area is used for common open space.
COMMERCIAL NURSERY OR TREE FARM means a plant or tree nursery or farm in which trees are planted and grown for sale to the general public in the ordinary course of business.
COMMERCIAL USE means any activity carried out for pecuniary gain.
COMMUNITY ASSOCIATION or HOMEOWNERS ASSOCIATION means an association organized to own, maintain, and operate common facilities and to enhance and protect their common interests.
COMMUNITY PLAYHOUSE means any building or portion thereof that is designed, constructed or used for theatrical productions, youth programs or classes in the performing arts.
CONDOMINIUM means a building or group of buildings in which units are owned individually and the structure, common areas, and facilities are owned by all the owners on a proportional, undivided basis.
CONDOMINIUM ASSOCIATION means the community association which administers and maintains the common property and common elements of a condominium.
CONGREGATE HOUSING means a dwelling providing shelter and services for the elderly which may include meals, housekeeping, and personal care assistance.
CONSTRUCTION means on-site erection, fabrication, installation, alteration, demolition, or removal of a structure, facility, or addition thereto, including all related activities, but not restricted to clearing of land, earth moving, blasting and landscaping.
CONVENIENCE FOOD MARKET means a retail establishment offering for sale limited food, beverage and related consumer products with or without on premises preparation of food and beverages.
COUNCIL means the Council of the Village of Commercial Point.
CRAWL SPACE means a space with more than one-half of its floor-to-ceiling height below the average level of the adjoining ground and with a floor-to-ceiling height of less than six and one-half feet.
CUSTOMARY AGRICULTURAL OPERATIONS. See AGRICULTURE.
DAY CARE CENTER means a private establishment enrolling children and where tuition, fees, or other forms of compensation for the care of the children is charged, and which is licensed or approved to operate as a day care center.
DECORATIVE FEATURES means any approved natural or constructed feature, including mulch, gravel, stone, brick, sculpture, and lighting.
DENSITY means the number of dwelling units per unit of land. To determine density divide the total number of dwelling units by the net developable site as measured in acres (see definition of NET DEVELOPABLE SITE).
DEVELOPER means a person who installs or contracts for the installation of improvements such as sewers, streets and water mains in a residential, office, commercial, or industrial development.
DIAMETER BREAST HEIGHT (D.B.H.)" means a tree's diameter in inches measured four and one-half feet above the ground.
DRIP LINE means an imaginary vertical line extending downward for the outermost tips of the tree branches to the ground.
DRIVE-IN RESTAURANT means a building or portion thereof where food and/or beverages are sold in a form ready for consumption and where all or a significant portion of the consumption takes place or is designed to take place outside the confines of the building, often in a motor vehicle on the site.
DRIVE-IN USE means an establishment which by design, physical facilities, service, or by packaging procedures encourages or permits customers to receive services, obtain goods, or be entertained while remaining in their motor vehicles.
DRIVE-UP WINDOW SERVICE means a building opening, including windows, doors, or mechanical devices through which occupants of a motor vehicle receive or obtain a product or service.
DRIVEWAY ENVELOPE means an area designated by the developer or builder not more than 20 feet in width to provide vehicular access to the building or parking areas.
DWELLING means a structure or portion thereof in which person or persons reside.
DWELLING, ATTACHED means a one-family dwelling attached to two or more one-family dwellings by common vertical walls.
DWELLING, DETACHED means a dwelling which is not attached to any other dwelling by any means.
DWELLING, MULTI-FAMILY means a dwelling containing more than two dwelling units.
DWELLING, SEMIDETACHED means a one-family dwelling attached to one other one-family dwelling by a common vertical wall, and each dwelling located on a separate lot.
DWELLING, TOWNHOUSE means a one-family dwelling in a row of at least three such units in which each unit has its own front and rear access to the outside, no unit is located over another unit, and each unit is separated from any other unit by one or more common fire resistant walls.
DWELLING, TWO-FAMILY means a structure on a single lot containing two dwelling units, each of which is totally separated from the other by an unpierced wall extending from ground to roof or an unpierced ceiling and floor extending from exterior wall to exterior wall, except for a common stairwell exterior to both dwelling units.
DWELLING UNIT means one or more rooms, designed, occupied or intended for occupancy as separate living quarters, with cooking, sleeping, and sanitary facilities provided within the dwelling unit for the exclusive use of a single family maintaining a household.
DWELLING UNIT, EFFICIENCY means a dwelling unit consisting of not more than one habitable room together with kitchen or kitchenette and sanitary facilities.
EASEMENT means a grant of one or more of the property rights by the property owner to and/or for the use by the public, a corporation, or another person or entity.
EPIPHYTOTIC means the sudden and destructive development of a plant disease, usually over large areas. Corresponds to an epidemic of a human disease.
EXCAVATION means the removal or recovery by any means whatsoever of soil, rock, mineral substances, or organic substances other than vegetation, from water or land on or beneath the surface thereof, or beneath the land surface, whether exposed or submerged.
EXTENDED CARE FACILITY means a long-term care facility or a distinct part of a facility licensed or approved as a nursing home, infirmary unit of a home for the aged or a governmental medical institution.
EXTENSION means a physical expansion of an existing structure.
FACTORY BUILT HOUSING means a factory built structure designed for long-term residential use, the components of which are essentially constructed or assembled prior to its delivery to and installation upon a site. Factory built housing shall include the following:
(1) Manufactured home. A non-self-propelled building unit or assembly of closed construction fabricated in an off-site facility, and which conforms with the federal construction and safety standards established by the Secretary of Housing and Urban Development (HUD) pursuant to the "Manufactured Housing Construction and Safety Standards Act of 1974, and that has a label or tag permanently affixed to it certifying compliance with all applicable federal construction and safety standards. A manufactured home is transportable in one or more sections, which, in the traveling mode, is eight body feet or more in width or 40 body feet or more in length or, when erected on site, is 320 or more square feet, and which is built on a permanent chassis, designed to be used as a dwelling with or without permanent foundation when connected to required utilities. Calculations used to determine the numbers of square feet in a structure's exterior dimensions are measured at the largest horizontal projection when erected on site. These dimensions include all expandable rooms, cabinets, and other projections containing interior space, but do not include bay windows."(R.C. § 4501.01) For the purposes of this section, chassis means a steel frame specifically designed and constructed with wheels or running gear and towing tongue installed for transportation on public streets or highways and designed without the need for a permanent foundation arriving at the site complete and ready for residential occupancy except for minor and incidental unpacking and assembly operations; location on wheels, jacks, blocks, or other foundation, connection to utilities and the like.
(2) Mobile home. A non-self-propelled building unit or assembly of closed construction that is fabricated in an off-site facility, built on a permanent movable chassis which is eight feet or more in width and more than 35 feet in length, which when erected on site is 320 or more square feet, that is transportable in one or more sections and which does not qualify as a manufactured home or industrialized unit.
(3) Industrialized unit. A building unit or assembly of closed construction fabricated in an offsite facility, that is substantially self-sufficient as a unit or as a part of a greater structure and that requires transportation to the site of intended use. Industrialized unit includes units installed on the site as independent units, as part of a group of units, or incorporated with standard construction methods to form a completed structural entity. Industrialized unit does not include a manufactured or mobile home as defined herein.
(4) Modular home. Factory built housing certified as meeting the local or state building codes as applicable to modular housing. Once certified by the state, modular homes shall be subject to the same standards as site built homes. Modular homes are required to be placed upon a solid masonry foundation.
FAMILY means one or more individuals occupying a dwelling unit and living as a single household unit.
FARM means a parcel of land used for agricultural activities.
FARM ANIMALS means those animals or livestock typically associated with a farm or agricultural operation.
FARM STAND means a booth or stall located on a farm from which produce and farm products are sold to the general public.
FAST-FOOD RESTAURANT means an establishment whose principal business is the sale of pre prepared or rapidly prepared food directly to the customer in a ready-to-consume state for consumption either within the restaurant building or off premises.
FENCE means an artificially constructed barrier of any material or combination of materials erected to enclose or screen areas of land.
FLOOR AREA, FINISHED means the sum of the gross horizontal area of all interior floors of a residential building that are finished and heated, excluding basements, breezeways, carports, garages, storage areas with only outside access, porches, and other unheated and/or unfinished areas attached to the dwelling.
FLOOR AREA, GROSS means the sum of the gross horizontal areas of the several floors of a building measured from the exterior face of exterior walls, or from the centerline of a wall separating two buildings, but not including interior parking spaces, loading space for motor vehicles, or any space where the floor-to-ceiling height is less than six feet.
FLOOR AREA, GROUND means the sum of the gross horizontal area of the ground floor of a residential building, excluding basements, breezeways, carports, garages, storage areas with only outside access, porches, and other unheated and/or unfinished areas attached to the dwelling.
FLOOR AREA, NET means the total of all floor areas of a building, excluding stairwells and elevator shafts, equipment rooms, interior vehicular parking or loading; and all floors below the first or ground floor, except when used or intended to be used for human habitation or service to the public.
FRANCHISE means the nonexclusive right pursuant to the Constitution and laws of Ohio and/or the United States, granted by the municipality pursuant to its current franchise agreement to operate or provide cable television or services to consumer within the municipality.
GARAGE means a deck, building or structure, or part thereof, used or intended to be used for the parking and storage of vehicles.
GARAGE SALE means the sale or offering for sale to the general public of over five items of personal property on any portion of a lot in a residential zoning district, whether within or outside any building.
GAS STATION. See AUTOMOBILE SERVICE STATION.
GLARE means the effect produced by brightness sufficient to cause annoyance, discomfort, or loss in visual performance and visibility.
GROSS DEVELOPABLE ACRES means the land area within a subdivision including areas dedicated to the public, including parks, open space, public right-of-ways, and utility easements.
GROUNDCOVER means low growing shrubs, wood vegetation, wild flowers and other small herbaceous plants within a woodland area.
GROUP CARE FACILITY means a facility or dwelling unit housing persons unrelated by blood or marriage and operating as a group family household.
GRUBBING means the effective removal of understory vegetation, groundcovers, shrubs, or trees, but not including the removal of any trees of greater than three inch d.b.h.
HOME OCCUPATION means any activity carried out for gain by a resident conducted as an accessory use in the resident's dwelling unit.
IN-LIEU FEES means fees paid by a private individual or party to Commercial Point to compensate for the mandatory land dedication provisions of the Zoning Code when said land dedication is waived by Council.
INDUSTRIAL PARK means a large tract of land that has been planned, developed, and operated as an integrated facility for a number of individual uses, with special attention to circulation, parking, utility needs, aesthetics, and compatibility.
INDUSTRIALIZED UNIT. See FACTORY BUILT HOUSING.
INOPERABLE VEHICLE means a vehicle that is not mechanically operable.
INSTITUTIONAL USE means a nonprofit or quasi-public use or institution such as a church or similar house of worship, library, public or private school, hospital, or publicly-owned or operated building, structure or land used for public purpose.
JUNKYARD means any area, lot, land, parcel, building, or structure or part thereof used for the storage, collection, processing, purchase, sale, or abandonment of wastepaper, rags, scrap metal, or other scrap or discarded goods, materials, machinery, or two or more unregistered, inoperable motor vehicles or other type of junk.
KENNEL, COMMERCIAL means any building or buildings and/or land used, designed or arranged to facilitate the raising, breeding, or boarding and grooming of such domesticated animals as dogs and cats for profit. Farm animals such as pigs and fowl or exotic animals, such as snakes, are expressly prohibited.
KENNEL, PRIVATE means any building or buildings and/or land used, designed or arranged for the care of three or more dogs and/or cats belonging to the owner of the principal use, kept for purposes of show, hunting, or as pets.
LAND CLEARING means operations which remove trees and vegetation in connection with the installation of storm or sanitary sewers, public or private utilities, street, and any other clearing or grading of the property at any time prior to construction of a building.
LANDSCAPING means any portion of a parcel of land that includes trees, shrubs, bushes, planting bed, hedges, earth mounds or other natural or decorative material or feature.
LOCATE means to construct, place, insert or excavate.
LOT means a designated parcel, tract or area of land established by plat, subdivision or as otherwise permitted by law, to be used, developed or built upon as a unit.
LOT, CORNER means a lot or parcel of land abutting upon two or more streets at their intersection, or upon two parts of the same street forming an interior angle of less than 135 degrees.
LOT COVERAGE means the portion of the lot that is covered by structures.
LOT, DOUBLE FRONTAGE means a lot which fronts upon two parallel streets, or which fronts upon two streets which do not intersect at the boundaries of the lot.
LOT, BUILDABLE means a lot having the required street frontage as required by the zoning district on an improved public right-of-way.
MANDATORY LAND DEDICATION means the mandatory dedication of private land to Commercial Point for the purpose of providing space for park, recreation, open space and other public uses.
MANUFACTURED HOME. See FACTORY BUILT HOUSING.
MASSAGE PARLOR means an establishment that provides massage treatments performed by an appropriately licensed masseur or masseuse.
MAYOR means the Mayor of Commercial Point.
MINI-WAREHOUSE means a structure containing separate storage spaces of varying sizes leased or rented on an individual basis.
MOBILE HOME. See FACTORY BUILT HOUSING.
MOBILE HOME (TRAILER) PARK means any site or tract of land under single or multiple ownership, upon which three or more mobile or manufactured homes used for habitation are parked, either free of charge or for revenue purposes, including any roadway, structure, vehicle, or enclosure used or intended for use as a part of the facilities of such park. This definition shall exclude any manufactured home park as defined in R.C. § 3733.01, over which the Public Health Council has exclusive rule making power.
MODULAR HOME. See FACTORY BUILT HOUSING.
NET DEVELOPABLE SITE means the land area within a subdivision excluding the minimum open space requirements, all areas designated for public and private streets and alleys, open bodies of water including streams, creeks and ditches, and all other dedicated right-of-way.
NO-BUILD ZONE means an area or portion of a lot that is designated by deed not to contain any buildings, structures or other built improvement on a permanent basis.
NONCONFORMANCE means a situation wherein the lawful conditions existing prior to the adoption, revision or amendment of the Zoning Code fail by reason of such adoption, revision or amendment to conform to the present requirements of the zoning district.
NONCONFORMING LOT means a lot, the area, dimensions or location of which was lawful prior to the adoption, revision or amendment of the Zoning Code, but which fails by reason of such adoption, revision or amendment to conform to the present requirements of the zoning district.
NONCONFORMING SIGN means any sign lawfully existing of the effective date of the Zoning Code, or an amendment thereto, which renders such sign nonconforming because it does not conform to all the standards and regulations of the adopted or amended Zoning Code.
NONCONFORMING STRUCTURE OR BUILDING means a structure or building the size, dimensions or location of which was lawful prior to the adoption, revision or amendment to the Zoning Code, but which fails by reason of such adoption, revision or amendment, to conform to the present requirements of the zoning district.
NONCONFORMING USE means a use or activity which was lawful prior to the adoption, revision or amendment of the Zoning Code, but which fails, by reason of such adoption, revision or amendment, to conform to the present requirements of the zoning district.
NURSING HOME means an extended or intermediate care facility licensed or approved to provide full-time convalescent or chronic care to individuals who, by reason of advanced age, chronic illness or infirmity, are unable to care for themselves.
OFF-STREET PARKING SPACE means a temporary storage area for a motor vehicle that is directly accessible to an access aisle, and which is not located on a dedicated street right-of-way.
ON-STREET PARKING SPACE means a temporary storage area for a motor vehicle which is located on a dedicated street right-of-way.
ONE-AND-A-HALF-STORY means a residential dwelling having a ground floor and a second floor equal to less than 100% of the finished floor area of the first floor, under a gable, hip or gambrel roof, the wall plates of which on at least two opposite exterior walls (also known as knee wall) are not more than five feet above the floor of such story.
OPACITY means a degree of obscuration of light.
OPEN SPACE means any parcel or area of land or water essentially unimproved and set aside, dedicated, designated or reserved for public or private use or enjoyment, or for the use and enjoyment of owners and occupants of land adjoining or neighboring such open space.
OPEN SPACE, COMMON means land within or related to a development, not individually owned or dedicated for public use, which is designed and intended for the common use or enjoyment of the residents of the development and may include such complementary structures and improvements as are necessary and appropriate.
OPERATIONS means locating, moving, depositing, or grading of any material or any construction, use of activity, or combination of such activities, which modifies the conditions of property subject to this Zoning Code.
OUPS means the Ohio Utilities Protection Service.
OUTDOOR DISPLAY means the temporary outdoor display of material and merchandise for the purposes of retail sales.
OUTDOOR STORAGE means the keeping, in an unroofed area, of any goods, junk, material, merchandise, or vehicles in the same place.
OVERLAY DISTRICT means a type of zoning district that applies more restrictive standards to an underlying zoning district.
PARISH HOUSE means a residential structure, such as a parsonage, that is subordinate to a church or other place of worship.
PARK means a tract of land designated and designed for the use by members of the public for active and passive recreation.
PERMITTEE means any person issues a permit pursuant to this Zoning Code.
PERSON means any person, corporation, partnership, company, contracting firm or other entity, including those employed by the municipality or under a contract with the municipality.
PERSONAL SERVICES means establishments primarily engaging in providing services involving the care of a person or his or her apparel.
PLAT means a map representing a tract of land, showing the boundaries and location of individual properties and streets. A portable structure map of a subdivision or site plan.
PORTABLE ON DEMAND STORAGE (PODS) means any portable structure intended to be used on a temporary basis for the loading of materials out of a location within Commercial Point and then moved to another location by a contracted third party or the unloading of materials into a location within Commercial Point in which the portable structure was brought to the location by a third party.
PRINCIPAL USE means the primary or predominant use of any lot.
PUBLIC USE means a land use that is owned and/or operated by the public and is accessible to the public.
REAR OF THE PRINCIPAL STRUCTURE means the area located to the rear of the wall opposite the primary architectural entrance. The primary entrance usually faces the street that bears the property's address.
RECONSTRUCTION means the rebuilding or substantial remodeling of an existing structure.
RECREATIONAL AND CAMPING EQUIPMENT means boats, boat trailers, snowmobiles, snowmobile trailers, utility trailers, recreational and camping vehicles, horse trailers, and other similar equipment.
RECREATIONAL AND CAMPING VEHICLES means vehicular-type structures primarily designed as temporary living quarters for recreation, camping or travel use which either has its own motive power or is mounted on or drawn by another vehicle which is self-powered.
REGULATION means any rule adopted by and pursuant to the authority of this Zoning Code.
RESIDENTIAL DEVELOPMENT means any one-family or multiple-family residential development, including one-family residential subdivisions, one-family cluster housing, residential condominiums, residential site condominiums and multiple-family developments.
RESIDENTIAL DISTRICT means a zoning district in which residential uses are included as permitted uses.
RESTRICTIVE COVENANT means a restriction on the use of land usually set forth in the deed.
RETAIL SERVICES means establishments providing services or entertainment as opposed to products.
RIGHT-OF-WAY means the surface of and the space above and below any public street, public road, public highway, public freeway, public lane, public path, public way, public alley, public court, public sidewalk, public boulevard, public parkway, public drive or any public easement now or hereafter held by the municipality.
SATELLITE GROUND STATION means a ground station or other antenna, including dish antennas, designed to transmit or receive radio or television signals to or from earth satellites.
SCENIC EASEMENT means an easement the purpose of which is to limit development in order to preserve a view or scenic area.
SCHOOL means any building or portion thereof which is designed, constructed or used for educational or instruction in any branch of knowledge.
SETBACK means the distance between the street right-of-way line and the front line of a building or any projection thereof, excluding uncovered steps.
SETBACK LINE means that line that is required minimum distance from the street right-of-way line or any other lot line that establishes the area within which the principal structure must be erected or placed.
SIGN means any object, device, display or structure, or part thereof, situated outdoors or indoors, which is used to advertise, identify, display, direct or attract attention to an object, person, institution, organization, business, product, service, event or location by any means, including words, letters, figures, design, symbols, fixtures, colors, illumination or projected images.
SIGN, BILLBOARD OR OFF-PREMISES SIGN means a sign which directs attention to a business, commodity, service or entertainment conducted, sold or offered at a location other than the premises on which the sign is located.
SIGN, BULLETIN BOARD means a sign which identifies an institution or organization on the premises of which it is located and which contains the name of the institution or organization, the names of individuals connected with it, and general announcements of events or activities occurring at the institution or similar messages.
SIGN, FREESTANDING means a non-movable sign supported by or from poles, posts, pillars, columns, uprights, braces, constructed base, or other structures on the ground and which are not affixed to a building.
SIGN, PROJECTING means a sign that is wholly or partly dependent upon a building for support and which projects more than 12 inches from such building.
SIGN, WALL means a sign fastened to or painted on the wall of a building in such a manner that the wall becomes the supporting structure for, or forms the background surface of the sign.
SIGNIFICANT TREE means any individual tree that is of cultural, historical, biological, or horticultural value as determined by the Council with the advice of the Planning and Zoning Administrator and/or Technical Review Group.
SPECIALTY FOOD AND/OR BEVERAGE FACILITY means a facility wherein food and/or beverage is produced and is: sold on a wholesale and/or retail basis; distributed; and/or consumed on the premises. This may include but is not limited to a brew pub, micro-brewery, distillery, coffee roaster, bakery, charcuterie, cheese making and/or other facilities producing crafted alcoholic or non-alcoholic beverages and/or artisan food.
SPLIT LEVEL means a residential dwelling containing finished floor area on two or more levels with not less than three feet nor more than six feet vertical distance between the plane of one floor level and the place of the next higher level.
SPOT ZONING means the rezoning of a lot or parcel of land to benefit an owner for a use incompatible with surrounding uses and not for the purpose or effect of furthering the comprehensive zoning plan.
STORY means that portion of a building, including 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.
STREET means any vehicular way which: (1) Is an existing state, county, municipal or village roadway; or (2) is shown upon a plat approved pursuant to law; or (3) is approved by other official action; or (4) is shown on a plat duly filed and recorded in the office of the Franklin County Recorder or Pickaway County Recorder and includes the land between the street lines, whether improved or unimproved.
STREET, COLLECTOR means a street which collects traffic from local streets and connects with minor and major arterial.
STREET, LOCAL means a street designed to provide vehicular access to abutting property and to discourage through traffic.
STREET, MAJOR ARTERIAL means a street with access control, channelized intersections, restricted parking, and which collects and distributes traffic to and from minor arterial.
STREET, MINOR ARTERIAL means a street with access controls, signals at important intersections and stop signs on the side streets, and which collects and distributes traffic to and from collector streets.
STRUCTURE means that which is constructed having a location on, above or below the surface of land or water or attached to that having a location on, above or below the surface of land or water. Containerized cargo boxes, freight transport trailers and similar items are prohibited for use as structures in all districts.
SUPERMARKET means food markets, or combination food markets and department stores with more than 5,000 square feet of floor area.
SURVEYOR means a surveyor registered by the State of Ohio.
TRAILER means a structure standing on wheels, towed or hauled by another vehicle and used for short-term human occupancy, carrying materials, goods or objects, or as a temporary office.
TRAVEL TRAILER means a recreation vehicle that is towed by a car or truck.
TREE means any self-supported, woody plant of a species which normally grows to an overall height of 13 feet or more, including coniferous and deciduous trees.
TREE, LARGE means any tree species which normally attains a full grown height equal to or greater than 45 feet.
TREE, MEDIUM means any tree species which normally attains a full grown height of between 25 and 45 feet.
TREE, SMALL means any tree species which normally attains a full grown height of under 25 feet.
TREE LAWN means that part of a street right-of-way not covered by sidewalk or other paving, lying between the property line and that portion of the street right-of-way that is paved and usually used for vehicular traffic.
TREE REMOVAL means the act of removing a tree by digging up or cutting down, or the effective removal through damage.
TREE SURVEY means a minimum 1" = 100' scale drawing that provides the location of all trees of six inches or greater d.b.h., plotted by accurate techniques, including the common or botanical name of those trees and their d.b.h.
TWO-STORY means a residential dwelling having a ground floor and a second floor having a finished square footage equal to or exceeding 100% of the required minimum ground floor finished square footage.
UNDEVELOPED means a parcel of land which is substantially unimproved with buildings or structures on the effective date of this Zoning Code.
USE means the purpose or activity for which land or buildings are designed, arranged or intended, or for which land or buildings are occupied or maintained.
VEHICULAR USE AREA means any area used by vehicles.
VIDEO RENTAL STORE means an establishment primarily engaged in the retail rental or lease of videotapes, films, DVDs, laser discs, electronic games, cassettes, or other electronic media. Sales of film, videotapes, laser discs, DVDs, and electronic merchandise associated with VCRs, DVD players, video cameras, and electronic games are permitted accessory uses.
WOODLAND means any property containing one or more acres (excluding existing rights-of-way) which has been designated as a woodland on the official woodlands map. The term woodland includes all trees, shrubs, and groundcover located upon such property (regardless of size).
WOODLANDS MAP means the map approved by the Council of Commercial Point identifying all woodland areas in Commercial Point.
YARD means a required open space that lies between the principal or accessory building or buildings and the nearest lot line. Such yard is unoccupied and unobstructed from the ground upward except as may be specifically provided in the Zoning Code.
YARD, FRONT means a yard extending between side lot lines across the front of a lot and from the front lot line to the front of the principal building. For corner lots the front yard shall constitute that area of the lot that is adjacent to the shorter of the two sides facing the street.
YARD, REAR means a yard extending between side lot lines across the rear of a lot and from the rear lot line to the rear of the principal building. For corner lots the rear yard shall constitute that area of the lot that is opposite to the shorter of the two sides facing the street.
YARD, SIDE means a yard extending from the principal building to the side lot line on both sides of the principal building between the lines establishing the front and rear yards.
(Ord. 2020-10, passed 6-15-2020)