(1) “Person” includes a firm, association, organization, partnership, trust, company or corporation as well as an individual.
(2) “Tense.” The present tense includes the future tense, the singular number includes the plural, and the plural number includes the singular.
(3) “Shall” is a mandatory requirement.
(4) “May” is a permissive requirement.
(5) “Should” is a preferred requirement.
(6) “Accessory use” means a use, building or structure subordinate to the principal use of a building or to the principal use of land, which is located on the same lot as the principal use, and which is serving a purpose customarily incidental to the use of the principal building or land use.
(7) “Agriculture” means farming, dairying, pasturage, apiculture, horticulture, viticulture, animal and poultry husbandry and the sale of only of such products as are raised on the premises.
(8) “Alley” means a public right of way primarily for secondary access by vehicles to the rear or side of a property abutting on another street.
(9) “Alteration, structural” means any change or replacement which would tend to prolong the life of the supporting members of any building or structure, such as bearing walls, columns, joists, beams, girders, etc.
(10) “Ambulatory Care Center” means a principal building used by one or more physicians, surgeons or dentists as offices, clinics, laboratories and operating rooms for the diagnosis and treatment of human ailments, and the care of patients before and after minor operations, but where patients are not lodged overnight
(11) “Animal Hospital and Clinic” means a building used for the medical treatment, housing or boarding of domestic animals such as dogs, cats, rabbits, and birds by a veterinarian.
(12) “Area, building” means the total areas taken on a horizontal plane at the main grade level of the principal building and all its accessory buildings exclusive of unenclosed porches, terraces and steps.
(13) “Area, lot” means the total area within the property lines of any parcel of land excluding streets, alleys or other public ways.
(14) “Assisted Living Facility” means a residential care facility, other than a licensed nursing home, that provides personal care for persons with impairments in performance of activities of daily living and has the capacity to meet unscheduled needs for assistance. Typical to this facility is that each residence is private occupancy, furnished by occupant, with food service, laundry and gathering areas shared in the facility.
(15) “Automotive service station” means any premises primarily used for supplying gasoline and oil, at retail, directly to the consumer, including minor accessories, and conveniences.
(16) “Automotive sales” means the display, sale or rental of new or used motor vehicles or trailers in operable condition where no repair work is done.
(17) “Automotive services” means the repair, rebuilding or reconditioning of motor vehicles or parts thereof, including collision service, painting and steam cleaning of vehicles and commercial carwashes
(18) “Banks Financial Institution” means any building, property or activity of which the principal use or purpose is the provision of financial services including but not limited to banks, facilities for automated teller machine (ATMS), credit unions, savings and loan institutions and mortgage companies
(19) “Basement” means a story having part but not more than one-half of its height above grade and used for storage, garages for use of occupants of the building, or other active use for the rest of the building.
(20) “Bed and Breakfast establishments” means any owner occupied dwelling unit that contains no more than four rooms where lodging, with or without meals, are provided for compensation.
(21) “Billboard (poster panel)” means any sign or advertisement used as an outdoor display for the purpose of making anything known, the origin or place of sale of which is remote from the display.
(22) “Block” means an area bounded by at least three or more legal streets.
(23) “Board” means the Board of Zoning Appeals of the City.
(24) “Building” means any structure having a roof supported by columns or by walls and intended for shelter, housing or enclosure of persons, animals or chattels.
(25) “Building, accessory” means a supplemental building or a portion of the main building, the use of which is incidental to the use of a main or principal building and located on the same lot or premises. A building for the storage of personal property or other use, regardless of size and whether on skids, permanent foundation or other means of support, is deemed an accessory building for the purpose of the Zoning Ordinance.
(26) “Building setback line” means the line set at uniform distance from the front lot line or center line of the dedicated or acquired right of way beyond which no building is allowed to be built.
(27) “Building front line of” means the line of that face of the building nearest the front line of the lot. This line does not include uncovered steps or handicapped access ramps.
(28) “Building line” means a theoretical line, parallel to a public way or another building or property line established in the Zoning Ordinance for the purpose of defining the limits within which a structure may be built.
(29) “Building lot” means any platted lot, a legally described parcel of land, or combination of adjacent platted lots or other described land that is identified on a deed as being owned by the same owner, and is large enough for the construction of a residence. It may also be any combination of adjacent land deeded separately but shown on the county’s tax maps as owned by the same owner.
(30) “Building height” means the vertical distance from the average grade level along the front building line to the highest point of the building or structure.
(31) “Building, main or principal” means a building in which is conducted the principal use of the lot on which it is situated.
(32) “Building permit.” Is a written approval by the Zoning Inspector or his agent authorizing the construction, alteration or repair of some building or structure at a specific location and under definite regulations which the owner of the property, building or structure and/or the contractor or builder of the same agrees to follow exactly.
(33) “Camp” means an area or tract of land used or designed to accommodate two or more camping house trailers, campers, tents or other camping outfits.
(34) “Cemetery” means land used or intended to be used for the burial of the dead and dedicated for such purposes, including columbariums, crematories, mausoleums and mortuaries when operated in conjunction with and within the boundary of such area.
(35) “Certificate of Occupancy” means a statement, signed by the Zoning Inspector, setting forth that the use of the land, building or structure at a specific location complies with the Zoning Ordinance, is a nonconforming use and why, or approves the use of the land, structure or building for a specified use.
(36) “Clinic” means a place used for the care, diagnosis and treatment of sick, ailing, infirm and injured persons and those who are in need of medical, dental or surgical attention, but who are not provided with room or board nor kept overnight on the premises.
(37) “Club” means a nonprofit association of persons who are bona fide members paying regular dues, and are organized for some common purpose, but excluding religious places of worship or a group organized solely or primarily to render a service customarily carried on as a commercial enterprise.
(38) “Commercial School” means a facility, operating for profit, providing a curriculum of continuing academic instruction including vocational and technical courses.
(39) “Commercial Entertainment Facilities” means any activity which is generally related to the entertainment field, such as motion picture theaters, night clubs, and similar entertainment activities and excluding taverns.
(40) “Commission” means the Planning Commission of the City of Delphos.
(41) “Community Development Project” means any development of land for industrial, commercial or residential purposes, or a combination of these uses, provided they are functionally integrated, to attain an improved character of development that conforms to the purpose and intent of the Zoning Ordinance.
(42) “Corner Lot.” See “lot types”.
(43) “Council” means the City Council of Delphos, Ohio.
(44) “Court” means an open, unoccupied, unobstructed space, other than a yard, on the same lot as the building.
(45) “Covenant” means a written promise or pledge.
(46) “Culvert” means a transverse drain that channels surface water under a bridge, street or driveway.
(47) “Day Care Facility” means a building or structure where daytime care, protection and supervision are provided on a regular schedule, for a fee, at least twice a week. This definition includes Child Care Facilities which address and pertain to the care of children up to and throughout school ages. Adult Care Facilities address and pertain to the care of adults. This definition does not include residential care such as Assisted Living Facility and Group Home.
(48) “Days” means calendar days unless stated otherwise.
(49) “De novo” means anew, afresh.
(50) “Density” means a unit of measurement, e.g. the number of dwelling units per acre of land.
A. “Gross density” means the number of dwelling units per acre of land to be developed.
B. “Net density” means the number of dwelling units per acre of land when, including only the acreage devoted to residential uses and exempting such uses as streets, etc.
(Ord. 2002-25. Passed 4-8-03.)
(50.5) “Dispensary” shall have the same meaning as in Ohio Admin. Code 3796:1-1-01 or subsequent similar regulations. (Ord. 2021-48. Passed 12-6-21.)
(51) “District” means a portion of the territory of the City, within which certain uniform regulations and requirements of various combinations thereof apply under the provisions of this Ordinance.
(52) “Dwelling” means any building or portion thereof occupied or intended to be occupied exclusively for residence purposes only, but not including a tent, cabin, house trailer or camping house trailer.
(53) “Dwelling, multiple” means a building or portion thereof designed for or occupied as the home of three or more families or households living independently of each other, including apartment houses and apartment hotels and including condominiums and cooperatives consisting of three or more living units in one building.
(54) “Dwelling, single family” means a detached building designed for and occupied exclusively by one family, and having a front yard, two side yards and a rear yard.
(55) “Dwelling, permanently sited manufactured home” means a building manufactured in an off-site facility designated for or occupied exclusively by one family that meets all of the following criteria:
A. The structure is affixed to a permanent foundation and is connected to appropriate utilities.
B. The structure, excluding any addition, has a minimum width of 22 feet, a minimum length of 22 feet, and a minimum floor area of 900 square feet;
C. The structure has a minimum roof pitch of 3:12, conventional residential siding, and a minimum 6 inch eave overhand, including appropriate guttering;
D. The structure was manufactured after January 1, 1995; and,
E. The structure has a permanent label or tag certifying that it was constructed in conformance with all applicable federal construction and safety standard.
(56) “Dwelling, three-family” means a building designated for or occupied exclusively by three families.
(57) “Dwelling, two-family” means a building designed for and used exclusively for the occupancy of two families living independently of each other.
(58) “Dwelling unit” means space within a building, comprising living, dining, sleeping room or rooms, storage closets, as well as space and equipment for cooking bathing and toilet facilities, all used by one family and its household employees.
(59) “Easement” means authorization by a property owner for the use by another, and for a specified purpose, of any designated part of his property.
(60) “Educational institution” means a facility that provides a curriculum of elementary or secondary academic instruction, including kindergarten, elementary schools, junior high schools, high schools and technical and collegiate level courses.
(61) “Family” means one or more persons occupying the premises and living as a single housekeeping unit, and doing their own cooking on the premises, as distinguished from a group occupying a boarding house or hotel as herein defined.
(62) “Farm Implement Display” means an open area, other than a street, used for the display or sale of new or used farm machinery, where no repair work is done except minor incidental repair of machinery to be sold on the premises.
(63) “Flood Plain” means any area documented as having a one percent (1%) or greater change of flooding in any one year identified in the Flood Insurance Rate Maps (FIRM) published by the Federal Emergency Management Agency (FEMA) as being areas of special flood hazards subject to local Floodplain Management Regulations.
(64) “Flood prone area” means any area of the flood plain having a one in 100 chance on the average of being inundated during any year, as determined by the City upon the recommendations of the Department of the Interior, U.S. Corps of Engineers, or the County Engineers
(65) “Food processing” means the preparation or processing of food products excluding restaurants, for wholesale distribution.
(66) “Funeral home” means any dwelling or other structure used and occupied by a professional licensed mortician for burial preparation and funeral services.
(67) “Garage” means a building, structure or any portion thereof used for housing or repairing motor vehicles. This does not include rooms for storing, exhibiting or showing new or used cars for sale and in which no repairs are made.
(68) “Garage, private” means an accessory building intended for, and used by, the private motor vehicles of the families residing upon the premises, for the housing only of such vehicles. Not more than one of the vehicles may be a commercial vehicle of not more than two ton capacity.
(69) “Garage, public” means any garage used for the sale of cars, equipment, gasoline and the storage and repair of any motor vehicles.
(70) “Garage, storage” means a garage for housing or storage of motor vehicles by the hour, day, month or any other rate method desired, and within which motor fuels and oils may be sold but no motor-driven vehicles are equipped, repaired, hired or sold.
(71) “Grain Elevators and Feed Mill” means a building, structure or premises used for the storage and retail sales of grain and other related agricultural supplies and products.
(72) “Group home” means any licensed residential facility designed to allow not more than eight (8) persons, needing specialized care, counseling, on-going medical treatment or supervision to live in the same building or complex of buildings and engage in some congregate activity in a non-institutional environment.
(73) “Home occupation” means an occupation carried on by the occupant of a dwelling as an accessory use in connection with which there is not sound or smell noticeable beyond the dwelling, no display that will indicate from the exterior that the building is being utilized in part for any purpose other than that of a dwelling, no person employed, other than a member of the family resident on the premises, no display, no advertising and no selling of a commodity upon the premises, and no mechanical equipment is used except of a type that is similar in character to that normally used for purely domestic or household use.
(74) “Hospital, public” means an institution providing health services primarily for human inpatient medical or surgical care for the sick or injured and including related facilities such as laboratories, out-patient departments, training facilities, central services facilities, and staff offices that are an integral part of the facilities.
(75) “Hotel” means a building occupied as more or less temporary abiding place of individuals who are lodged with or without meals and in which there are more than twelve rooms usually occupied singly and no provision is made for cooking in any individual apartment.
(76) “House” means a residential building designed and used for one or two families on an individual plot of ground and is the same as “dwelling, one family” and dwelling, two family”. A modular or prefabricated house is a dwelling, the component parts of which are manufactured and assembled, in whole or in part, off the site of its intended location and hauled to the site for placement on a permanent foundation. It shall not be so constructed as to permit its being used as a conveyance upon the public streets or highways as is a house trailer. A house so constructed shall be classified as a trailer.
(77) “Improvements” means street pavement or resurfacing, curbs, gutters, sidewalks, water lines, sewer lines, storm drains, street lights, flood control and drainage facilities, street signs, utility lines, landscaping, and other related matters normally associated with the development of raw land into building sites.
(78) “Inspector, Zoning” means the Zoning Inspector of the City.
(79) “Irrevocable letter of credit” means an agreement by a sub-divider or developer with the City for the amount of the estimated construction cost guaranteeing the completion of physical improvements according to plans and specifications within the time prescribed by the agreement and provisions of these regulations.
(80) “Junk” means old or scrap copper, brass, rope, rags, trash, waste, batteries, paper, rubber, iron, steel, and other old or scrap ferrous or nonferrous materials, but does not include scrap tires.
(81) “Junk yard, junk shop; salvage operation” means any lot, land or structure or part thereof used primarily for the collection, storage and sale of waste paper, rags, scrap metal or discarded material, or for the collecting, dismantling, storage and salvaging of machinery or vehicles not in operating condition, or for the sale of parts thereof.
(82) “Laundromat” means a building or establishment equipped with washing machines, dryers and appurtenances, the size and capacity of which are approximately equal to similar home appliances, which offers the rental and u se on the premises of the equipment to the general public for a fee. Also included are similar establishments equipped with dry cleaning equipment.
(83) “Loading space” means a space within the main building or on the same lot therewith providing for the loading or unloading of trucks.
(84) “Lock and Store (or store and lock)Warehousing” means a building or group of buildings in a controlled access compound that contains equal or varying sizes of compartmentalized and controlled access stalls or lockers for the storage of customer goods or wares.
(85) “Lot” means a parcel of land of sufficient size to meet minimum zoning requirements for use, coverage and area, and to provide such yards and other open spaces as are herein required. Such lot shall have frontage on an improved public street, or on an approved private street and may consist of:
E. A single lot of record
F. A portion of a lot of record
G. A combination of complete lots of records, or complete lots of record and portions of lots of record, or of portions of lots of record.
(86) “Lot coverage” means the ratio of enclosed ground floor area of all buildings to the horizontally projected area of the lot, expressed as a percentage.
(87) “Lot, depth of” means the main horizontal distance between the front and rear lot line.
(88) “Lot frontage” means the property line along the lot abutting the street. For the purpose of determining yard requirements on corner lots and reverse frontage lots all sides of a lot adjacent to streets shall be considered frontage, and yards shall be as provided in the Zoning Ordinance.
(89) “Lot, lines” means the property lines between two established parcels of land or one parcel and public property.
A. The front lot line is the line separating the lot from the street. In the case of corner lots the street lot line of least dimension shall be deemed to be the front lot line and the other street lot line, or lines, shall be deemed to be the front lot line and the other street lot line, or lines, shall be deemed to be side lot lines. In the event such street lot lines are of equal dimension, the front lot line shall be as designated by the Zoning Board of Appeals.
B. The rear lot line is the lot line opposite and most distant from the front lot line.
C. The side lot line is any lot line other than a front or rear lot line.
D. An alley lot line is the line separating the lot from an alley.
(90) “Lot, minimum area of” means the area of the lot exclusive of any portion of the right of way of any public or private street.
(91) “Lot measurements.” Measured as follows:
A. Average depth of a lot shall be considered to be the straight line distance between the midpoint of the front lot line or street right of way line and the midpoint of the rear lot line.
B. Average width of a lot shall be considered to be the straight line distance between the midpoints of the side lot lines.
(92) “Lot of record” means a lot which is part of a subdivision recorded in the office of either County Recorder, or a lot or parcel described by metes and bounds, the description of which has been so recorded.
(93) “Lot types.” Terminology used in these regulations with reference to corner lots, interior lots and through lots is as follows:
A. “Corner lot” means a lot located at the intersection of two or more streets. A lot abutting on a curved street or streets shall be considered a corner lot if the extension of the side lot lines meet at an interior angle of less than 135 degrees.
B. “Interior lot” means a lot other than a corner lot with only one frontage on a street.
C. “Through lot” means a lot other than a corner lot with frontage on more than one street. Through lots abutting two streets may be referred to as double frontage lots and each frontage shall have a front yard.
D. “Reverse frontage lot” means a lot on which frontage is at right angles to the general pattern in the area. A reverse frontage lot may also be a corner lot. A lot having its rear lot line abutting the right of way of a street or a highway that prohibits access; its access is from a local or marginal access street.
(94) “Minor thoroughfare” means a street or road of great continuity which serves or is intended to serve as a major roadway within the City, County or both and is designated as such so as to identify the street as a basic thoroughfare or major highway on the street plan.
(95) “Major subdivision” means a major subdivision is defined pursuant to Chapter 711 of the Ohio Revised Code as the creation of more than five parcels, inclusive, after the tract of record has been completely subdivided or which involve the opening, widening or extension of a street or road or easement of access.
(96) “Manufactured home” means a building manufactured in an off-site facility designated for or occupied exclusively by one family that meets all of the following criteria:
A. The structure is affixed to a permanent foundation and is connected to appropriate utilities.
B. The structure, excluding any addition, has a minimum width of 22 feet, a minimum length of 22 feet, and a minimum floor area of 900 square feet;
C. The structure has a minimum roof pitch of 3:12, conventional residential siding, and a minimum 6 inch eave overhand, including appropriate guttering;
D. The structure was manufactured after January 1, 1995; and,
E. The structure has a permanent label or tag certifying that it was constructed in conformance with all applicable federal construction and safety standard.
(97) “Manufacturing” means the mechanical, chemical, or biological transformation or assembly of materials, substances, or component parts into new products or components, usually for distribution to wholesale markets, or for interplant transfer to industrial users.
(98) “Medical Center” means a principal building used by one or more physicians, surgeons or dentists as offices, clinics, laboratories and operating rooms for the diagnosis and treatment of human ailments, and the care of patients before and after minor operations, but where patients are not lodged overnight.
(Ord. 2002-25. Passed 4-8-03.)
(98.5) “Medical Marijuana” shall have the same meaning as in Ohio R.C. 3796.01.
(Ord. 2021-48. Passed 12-6-21.)
(99) “Motor homes or trailers, recreational vehicles” means any vehicle or similar portable structure so designed or constructed as to permit occupancy for dwelling or sleeping purposes.
(100) “Mobile home parks” means an area manifestly designed for rent or lease of mobile home lots in a safe, sanitary and desirable manner as described in Chapter 1161.
(101) “Monuments, Markers and Pins.” See Section 1113.03.
(102) “Motel” means a group of attached or detached cottages, cabins, sleeping units or similar buildings, containing individual sleeping or living units; but not including kitchen or cooking spaces, for the accommodation of transient guests and not for permanent residents, including auto courts, motor lodges, tourist courts.
(103) “Nonconforming use” means a building, structure or premises devoted to or occupied by, or for, a use lawfully existing at the time the Zoning Ordinance or amendments thereto, becomes effective, that does not conform with the provisions of the Zoning Ordinance, or amendments thereto, for the district in which it is located.
(104) “Nursing home” means a building, group of buildings or licensed facility, public or private, which provides full-time personal care or nursing to the ill, physically inform or aged persons who are not related by blood or marriage to the operator.
(105) “Office” means a building or portion of a building wherein services are performed involving predominately administrative, professional or clerical operations.
(106) “Off-street parking space” means any parking space located wholly off any street, alley or sidewalk either in an enclosed building or on an open lot.
(107) “Open space area” may include, along with natural environment features, such as agriculture, flood plains, areas of natural vegetation, parks and recreation facilities, etc., parking lots and any other recreational facilities that the Planning Commission deems permissive. Streets, structures for habitation and the like, shall not be included.
(108) “Pad” means a building site prepared by artificial means, including, but not limited to, grading, excavation or filling or any combination thereof.
(109) “Parking area (lot)” means a permanently surfaced area of one or more parking spaces designed or used for the parking of self-propelled vehicles.
(110) “Parking space” means a permanently surfaced area, of size sufficient to park one motor vehicle, either within a structure or in the open, exclusive of driveways or access drives, for the parking of motor vehicles.
(111) “Personal services” means any enterprise conducted for gain which serves primarily personal needs of the general public such as shoe repair, watch repairing, barber shop, beauty parlors, and similar activities.
(112) “Petroleum refining and storage” means a facility designed to separate and remove impurities from oil or gas and store such fuels for distribution.
(113) “Planned Unit Development” means the zoning classification permitting flexibility of site design by combining building types and uses in ways that would be prohibited by the detailed predeterminations of traditional zoning standards, e.g., instead of lot-by-lot requirements, some such requirements are applied to an entire zoned area.
(114) “Plan” means a delineation, design or form of representation of anything drawn on a plane.
(115) “Planning Commission” means the Delphos Planning Commission.
(116) “Plat” means a map or representation of a piece of land subdivided into lots with streets, alleys, etc., drawn to scale and subject to recording.
(117) “Porch” means a roofed open structure projecting from the front, side or rear wall of the building without any enclosed features of glass, wood or other material, except screens, more than thirty inches above the floor thereof, except the necessary columns to support the roof.
(118) “Primary street” means a street or road of considerable continuity which serves or is intended to serve as the principal trafficway between large and separated areas or districts, which is the main means of access to the main thoroughfare system and is designated as such.
(119) “Professional Engineer” means any person registered to practice professional engineering by the State Board of Registration as specified in Section 4733.14, Ohio Revised Code.
(120) “Professional Surveyor” means any person registered to practice surveying by the State Board of Registration in accordance with Section 4733.14, Ohio Revised Code.
(121) “Public garage” means any garage used for the sale of cars, equipment, gasoline and the storage and repair of any motor vehicles.
(122) “Public recreation” means recreational facilities developed, used and/or maintained by public agencies for use by the public.
(123) “Public service facility” means the erection, construction, alteration, operation or maintenance of buildings and other similar public service structures by a public utility, by a railroad, whether publicly or privately owned, or by a municipal or other governmental agency, including the furnishing of electrical, gas, rail transport, communication, public water and sewage disposal services.
(124) “Public uses” means public parks, schools and administrative, cultural and service buildings, not including public land or buildings devoted solely to the storage and maintenance of equipment and material.
(125) “Public way” means an alley, avenue, boulevard, bridge, channel, ditch, easement, expressway, freeway, highway, lane, parkway, street, subway, tunnel, viaduct, walk or other way in which the general public or public entity have a right, or which are dedicated whether improved or not.
(126) “Recreational facilities commercial” means recreational facilities open to the public, established and operated for a profit, such as commercial golf courses, golf driving ranges, swimming pools, ice skating rinks, riding stables, boat docks, fishing piers, boat launching, and other private noncommercial recreation areas and facilities or recreation centers, including private community swimming pools, boat docks, fishing piers, boat launching, and food concessions as an accessory use.
(127) “Recreation facilities non-commercial “ means private and semipublic recreational facilities which are not operated for commercial gain, including private country clubs, riding clubs, golf courses, and other private noncommercial recreation areas and facilities or recreation centers, including private community swimming pools, boat docks, fishing piers, boat launching, and food concessions as an accessory use.
(128) “Registered surveyor” means any person registered to practice surveying by the State Board of Registration in accordance with Ohio R.C. 4733.99.
(129) “Religious places of worship” means an institution that a congregation of people regularly attend to participate in or hold religious services, meetings and other activities, including buildings in which the religious services of any denominations are held.
(130) “Restaurant” means an establishment with table services whose principal business is the selling of unpackaged food and beverages to the customer in a ready to consume state, in individual services, or in non-disposable containers.
(131) “Restaurant, fast food” means an establishment whose principal business is the sale of prepared or rapidly prepared food, in disposable containers and without table service, directly to the customer in a ready-to-consume state.
(132) “Retail business” means any business selling goods, wares, or merchandise directly to the ultimate consumer for direct consumption and not for resale.
(133) “Right of Way” means a strip of land taken or dedicated for use as a public way.
(134) “Right of Way line” means the legal dividing line between a street or alley and the private lot in question.
(135) “Schools” means an institution which offers instructions in the several branches of learning and study required to be taught in the public and private schools by the Ohio school code. High schools include both junior and senior.
(136) “Scientific research facility” means a building or buildings in which scientific research, investigation, testing or experimentation is conducted, but not including the manufacturing or sales of products, except as incidental to the main purpose of the laboratory.
(137) “Set back” means the minimum horizontal distance between the street line and the building or any projection thereof, excepting such projections as may be allowed by the Zoning Ordinance and subsequent amendments thereto.
(138) “Setback line” means the line set at uniform distance from the front lot line or center line of the dedicated or acquired right of way beyond which no building is allowed to be built.
(139) “Sewage treatment facility, on site” means a septic tank or similar installation on an individual lot which utilizes an aerobic bacteriological process or equally satisfactory process of the elimination of sewage and provides for the proper and safe disposal of the effluent, subject to the approval of health and sanitation officials having jurisdiction.
(140) “Shopping Center” means a grouping of retail and service uses on a single site that is developed, owned and managed as a unit with off-street parking and loading as an integral part of that unit.
(141) “Sidewalk” means that portion of the road right of way, which is improved for the use of pedestrian traffic.
(142) “Sight Distance Triangle, Clear” means an area of unobstructed vision at street intersections, bounded by a line of sight (eye of the driver at three and three-quarters (3.75) feet above the road at the center line to an object six (6) inches in height) at the center line of the intersecting street; distances along the center line of the street by classification will determine the size of the triangle. No vegetation, structures, or ground shall project vertically into this area to restrict the view.
(143) “Signboard” means any structure or part thereof on which lettered or pictorial matter is displayed for advertising or notice purposes.
(144) “Skilled Nursing Facility” means a building, group of buildings or licensed facility, public or private, which provides full-time personal care or nursing to the ill, physically inform or aged persons who are not related by blood or marriage to the operator.
(145) “Split zoning” means as area between two streets, portions of which have been placed into two different district classifications by the Zoning Ordinance.
(146) “Story” means that portion of a building other than a basement included between the surface of any floor and the surface of the floor next above it, or if there is no floor above it, then the space between the floor and the ceiling next above it. A basement shall be counted as a story if it is used for living quarters, or if one-half of its volume is above the average level of the adjacent ground.
(147) “Street” means a public thoroughfare more than twenty feet wide. A public road is one which has been dedicated to the public use by the owner of the property and accepted by the local government for public use and maintenance.
(148) “Street line right of way line” means a dividing line between a lot, tract or parcel of land and contiguous street.
(149) “Street plan” means the comprehensive plan by the Planning Commission indicating the general location recommended for arterial, collector and local streets.
(150) “Structure” means anything constructed or erected, the use of which requires a more or less permanent location on the ground; or attached to something having a permanent location on the ground.
(151) “Structural alteration” means any change or replacement which would tend to prolong the life of the supporting members of any building or structure, such as bearing walls, columns, joists, beams, girders, etc.
(152) “Tavern” means a business which requires an Ohio State Alcoholic Beverage License and whose trade is primarily the sale of alcoholic beverage, or the sale of alcoholic beverages and meals which are to be consumed upon the premises.
(153) “Telephone exchange building” means a building and its equipment used for the purpose of facilitating transmission and exchange of telephone messages between subscribers and other business of the telephone company; but in a residence district not to include public business facilities, storage of plant materials or spare parts other than those carried for the particular building, or equipment, trucks or repair facilities.
(154) “Terrace” means a natural or artificial embankment between a building and its lot lines. The “height of terrace” shall be the difference in elevation between the curb level and the top of the terrace at the center of the building wall.
(155) “Trailer” means any vehicle without motive power designed or used for carrying property or persons wholly on its own structure and for being drawn by a motor vehicle, and includes any such vehicle when formed by or operated as a combination of a semi-trailer and a vehicle of the dolly type such as that commonly known as a trailer dolly, except a house trailer.
(156) “Trailer, house” means any self-propelled and non-self-propelled vehicle so designed, constructed, reconstructed, or added to by means of accessories in such manner as will permit the use and occupancy thereof for human habitation whether resting on wheels, jacks or other foundation and used or so constructed as to permit its being used as a conveyance upon the public streets or highways. A “camping house trailer” or “camper” is a house trailer without plumbing fixtures or with plumbing fixtures all of which are connected to a satisfactory sewage holding tank attached to the trailer. This also includes self-propelled units of the motor coach type. Used for recreational activities.
(157) “Trailer, park, recreational campground” means any site, premises or tract of land upon which one or more house trailers used for habitation are parked either free of charge or for revenue purposes, including any roadway, building, structure, vehicle or enclosure used or intended for use as part of the facilities of such house trailer park. A tract of land which is subdivided and the individual lots are leased or otherwise contracted for shall constitute a house trailer park if one or more house trailers are parked thereon.
(158) “Transport trucking terminal” means any business, structures or premises which primarily receives or distributes goods by tractor trailer or other similar vehicle.
(159) “Use” means the purpose of which either land or building is arranged, designed or intended, or for which either land or a building is or may be occupied or maintained.
(160) “Use, accessory” means a use, building or structure subordinate to the principal use of a building or to the principal use of land, which is located on the same lot as the principal use, and which is serving a purpose customarily incidental to the use of the principal building or land use.
(161) “Use, principally permitted” means a use which is permitted outright in a district for which a zoning certificate shall be issued by the Zoning Inspector provided that the applicant meets the applicable requirements of the Ordinance.
(162) “Variance” means a modification of the strict terms of the relevant regulations where such modification will not be contrary to the public interest and where owing to conditions peculiar to the property and not resulting in unnecessary hardship.
(163) “Vehicle” means unless otherwise indicated, includes motor vehicles.
(164) “Warehousing” means a building or facility that stores commodities in large quantities for distribution to retail, wholesale or manufacturing businesses
(165) “Wholesale business” means an establishment that is engaged in the selling of merchandise to retail, wholesale or manufacturing businesses.
(166) “Yard” means an open space at grade between a building and the adjoining lot lines unoccupied and unobstructed by any portion of a structure from the ground upward, except as otherwise provided herein. In measuring a yard for the purpose of determining the width of a side yard, the depth of a front yard or the depth of a rear yard, the minimum horizontal distance between the lot line and the main building shall be use.
(167) “Yard, front” means a yard between the front building line and the right-of-way line of the fronting street. In case of a lot that fronts more than one street, the yard abutting the street named in the property address shall be considered the front yard.
(168) “Yard, rear” means a yard extending across the full width of a lot and being the minimum horizontal distance between the rear lotline and the rear of the main building of any projection thereof, other than the projections of uncovered steps or unenclosed porches. In the case of a lot that fronts more than one street, the yard opposite the front yard shall be considered the rear yard.
(169) “Yard, side” means a yard between the main building and the side line of the lot and extending from the required front yard to the required rear yard and being the minimum horizontal distance between the side lot and the side of the main building or any projections thereto.
(170) “Zoning Certificate” means the document issued by the Zoning Inspector authorizing the use of the land or building consistent with the terms of this Ordinance and for the purpose of carrying out and enforcing its provisions.
(171) “Zoning Map” means the Zoning District Map or Maps of the City, together with all amendments subsequently adopted.
(172) “Zoning Inspector” means the Safety/Service Director of the City or his designee.
(Ord. 2002-25. Passed 4-8-03.)